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14-140
Resolution No. 14-140 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH H.O.P.E., INC. FOR FAIR HOUSING PROGRAMS AND SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant agreement with H.O.P.E., Inc. on behalf of the City of Elgin for fair housing programs and services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 8, 2014 Adopted: October 8, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN, AND H.O.P.E. INC. (ALSO KNOWN AS HOPE FAIR HOUSING CENTER) This AGREEMENT is entered into as of the 8th day of October , 2014, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter called "GRANTEE" or"CITY") and H.O.P.E. INC., (AKA HOPE FAIR HOUSING CENTER), a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 245 West Roosevelt Road,Building 15, Suite 107,West Chicago, Illinois, 60185. I. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds") from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974, as amended(P.L. 93-383)(hereinafter called "ACT"). B. CITY has been awarded CDBG funds from HUD in Fiscal Year (FY) 2014, said award being identified as CDBG Entitlement Communities Number 14.218. C. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. D. CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Project Application and project description submitted by the SUB-RECIPIENT, dated December 13, 2013, and entitled "Fair Housing Program and Services," a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference(hereinafter referred to as the"PROJECT"). B. All funding provided to SUB-RECIPIENT shall be used solely to reimburse the SUB- RECIPIENT for (i) counseling, investigating, and advocacy services provided to Elgin residents who have encountered illegal discrimination; (ii) implementing an education and training program, an outreach campaign, and hosting public and private forums events on fair housing issues; (iii) assisting CITY in identifying barriers to fair housing and serve as an educational resource to CITY elected officials and staff, (iv) monitoring both print and online housing advertisements in Elgin and providing education and advocacy that discourages discriminatory advertising and statements. Education & Outreach events will take place throughout Elgin, including at Elgin Art Space Lofts, Elgin Community College, Elgin City Hall, High Schools within U-46. SUB-RECIPIENT'S community development activities will target those Elgin residents residing within Census Tract 8514. Services provided at the various facilities are to be consistent with the scope and intent of the PROJECT. About 440 low and moderate-income Elgin residents will benefit from SUB-RECIPIENT's program in its 2014 fiscal year. All individuals served by SUB-RECIPIENT pursuant to this agreement will be low and moderate income persons as defined by 24 CFR 570.208 (a)(2)(i)(A). Page 1 of 16 C. SUB-RECIPIENT shall provide detailed information about education & outreach events such as date, time, location, number of participants, and demographics of participants to CITY. SUB- RECIPIENT shall provide a detailed analysis and information related to foreclosed property fines by CITY, by lender and overlaid with demographics, including maps. SUB-RECIPEINT shall provide intake logs for complaints received from Elgin residents and enforcement logs for actions taken based upon complaints or SUB-RECIPIENT's systemic investigations. D. Prior to the expenditure of CDBG funds, SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by CITY without the required documentation. E. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. All written requests for an exception to this agreement shall be made, in writing, to the City's Community Development Department explaining why the SUB-RECIPIENT needs the income, the specific activities the SUB- RECIPIENT will undertake with the funds and how the SUB-RECIPIENT will report the income and expenditures to the CITY. A written response to the request will be provided to SUB- RECIPIENT from the CITY. III. Quarterly Progress Reports and Disclosure of Client Data A. SUB-RECIPIENT shall provide a Quarterly Progress Report to CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 1 and ending on May 31 of the following year. The quarterly progress report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by CITY. B. Quarterly progress reports shall be due on the 10`x' day of the month following, the end of the quarter, for the previous quarter's activities as follows • First Quarter—June,July,August (due September 10) • Second Quarter—September, October,November(due December 10) • Third Quarter—December, January, February(due March 10) • Fourth Quarter—March, April, May(due June 10) C. SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter (by race, household income,household size and the number of female headed households). D. SUB-RECIPIENT shall maintain on the premises of their principal place of business client data demonstrating client eligibility for services provided, and any other demographic information as requested in the City's Quarterly Progress Reports. Such information shall be made available to the City's monitors for review upon request. E. SUB-RECIPIENT shall furnish and will permit CITY, HUD or its agents, or other authorized federal officials, access to clients' records for the purpose of household size and income verification to ascertain compliance with the rules,regulations and provision of the Act. Page 2 of 16 W. AMOUNT AND TERMS OF GRANT A. CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT's portion of the total grant received by CITY and in consideration of SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of $28,629.48 (hereinafter "Grant Funds"), to be paid in the manner provided for herein at Sections II(D) and VIII. Prior to the initial payment of Grant Funds, SUB- RECIPIENT shall submit, to CITY, their Outcome Performance Measurement Statement and progress report indicating client demographics and program status. SUB-RECIPIENT shall submit quarterly progress reports, by the 10`x' day following the end of the preceding quarter, to the CITY. The amount to be paid to SUB-RECIPIENT will be based upon the work completed and the submittal of employee work reports in support of the invoiced amount. B. This PROJECT shall be identified as Project No. 154975 and Account No. 230-0000-791.30-99, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. V. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT in making application for CDBG funds. B. SUB-RECIPIENT shall abide by the Act and all HUD rules and regulations promulgated to implement the Act. C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certifications with reference to the PROJECT, as set forth in Exhibit"C"attached hereto and made a part hereof. D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public,because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action including, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and HUD to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB-RECIPIENT shall post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of Section V(D) above. F. SUB-RECIPIENT shall not violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. Page 3 of 16 G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, commonly known as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days' notice from CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois. I. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non- Profit Institutions." SUB-RECIPIENT shall submit to CITY one copy of said audit report. SUB- RECIPIENT shall permit the authorized representatives of CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under the Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. K. SUB-RECIPIENT shall transfer to CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT's control that was acquired and/or improved in whole or in part with CDBG funds in excess of$25,000 is used exclusively for the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the expiration of this agreement. M. If during the 10 year period after the expiration of this Agreement, SUB-RECIPIENT disposes of any property under the SUB-RECIPIENT's control that was acquired and/or improved in whole or in part with CDBG funds in excess of$25,000, then SUB-RECIPIENT will reimburse CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. VI. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT shall not assign, transfer, subcontract or otherwise convey its rights or obligations under this Agreement without the prior written consent of CITY, which consent may be withheld in the CITY'S sole discretion." B. Administration of any subcontracts by SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. Page 4 of 16 VII. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After CITY has received notification that funds for the PROJECT have been released by HUD, SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VIII. BILLING PROCEDURE A. Upon Release of Grant Funds by HUD for the PROJECT, CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG Funds, on a form provided by the CITY. 2. Any claim for advancement of CDBG Funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB- RECIPIENT. 3. Any request for reimbursement or advancement pertaining to work under contracts from SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and (iii) any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes, rules or regulations. 5. SUB-RECIPIENT shall forward to the CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to the CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. Page 5 of 16 B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Sections X and XI hereof, CITY shall pay all required payments against eligible project costs, as described in Section 11.13, incurred by SUB-RECIPIENT under this Agreement. IX. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations,policies, guidelines and requirements of OMB Circular numbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report, by the I& day following the end of the preceding quarter. Other reporting requirements are specified in Exhibit "B" attached hereto and made a part of this Agreement. X. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of the Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to SUB-RECIPIENT's performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB-RECIPIENT of incorrect or incomplete reports, or SUB-RECIPIENT'S suspension of its pursuit of the PROJECT. C. In the event CITY elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section X, it shall notify the SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY's taking such action. After allowing SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of CITY, CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to CITY for any funds expended in violation of any of the terms of this Agreement. D. Unless terminated pursuant to the provisions of paragraph X herein, this agreement shall terminate on June 1, 2015. Page 6 of 16 XI. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless CITY, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT,or any violation of the statutes,rules and regulations of HUD,directly or indirectly, CITY and/or any of its agents or representatives, CITY's liability to SUB- RECIPIENT shall be limited to any funds which have previously been provided to SUB- RECIPIENT pursuant to this agreement. SUB-RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach, misuse, misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section XI, then CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, SUB-RECIPIENT shall repay, upon demand by CITY, such amount of Grant Finds previously disbursed or allegedly due to SUB- RECIPIENT. XII. TIMELINESS A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which SUB-RECIPIENT does not achieve within two months of the date listed will result in SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development Staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at the CITY's discretion. Actions Date 1. Provide counseling, investigating, and June 1, 2014-May 31, 2015 advocacy services. Page 7 of 16 2. Implement an education and training program. June 1, 2014-May 31, 2015 3. Host public and private forums events June 1,2014-May 31, 2015 on fair housing issues. 4. Assist CITY in identifying barriers June 1, 2014-May 31, 2015 to fair housing. B. Total Number of Months Required for Project Completion 12 Months XIII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT -except as provided in Section VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. G. This Agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. H Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Page 8 of 16 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: 41'/� 40i�A Sean R. Stegall City Manager DATE: October 8, 2014 ATTEST: /-,.-'�' Kimberly A. Dewis, Itity Clerk SUB-RECIPIENT: H.O.P.E. Inc. (aka HOPE Fair Housing Center) 245 West Roosevelt Road Building 15, Suite 107 West Chicago, IL 60185 BY: aijiv*C�4 Anne Houghta ' , Executive irector DATE: I I I ATTEST: Page 9 of 16 6/12/2014 AMID 25633 ELGIN THE CITY IN THE SUBURBS" Powered byZoomGrantsll City of Elgin Community Development Department City of Elgin 2014 CDBG $ 774138 /2014 Deadline Program Year. HOPE Fair Housing Center Application Status: Undecided Fair Housing Programs & Services $28,629.48 Requested Applicant Information HOPE Fair Application Contact Housing Center Anne Houghtaling Applicant History 245 W. Roosevelt anne.houahtaling(a hopefair.ora Road Tel:630-690-6500 x114 (previous Building 15,Suite applications 107 Executive Director from this applicant) West Chicago, Anne Houghtaling IL 60185 anne.houohtalinoC�hopefair.orp Tel:630-690-6500 Additional Contacts Fax:630-690-6586 Email Addresses, separated by comma Web: i w w w.hopefair.org Li EIN:23-7036081 DUNS: 9398117900 Application ID:25633 Become a fan of ZoomGrants T1 on Facebook Problens?Contact us at Questions(WZoomGrants.com 02007-2014 GrantAnalyst.com All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademariz of GranlAnalyst.com,LLC. Loa out https://zooM rants.comVrapp.asp?rfpid=371&propid=25633&dtype=&f= 1/1 6/12/2014 ApplD 25633 ELGIN THE CITY IN THE SUBURBS- Powered byZoomGrantsT"' City of Elgin Community Development Department $ 774,315.00 Available City of Elgin 2014 CDBG 1/8/2014 Deadline Program Year. HOPE Fair Housing Center Application Status: Undecided Fair Housing Programs & Services $28,629.48 Requested Application Questions 1 This project is located in Census Tract(s):If only one census tract/block group, please insert"NA"in remaining census tract spaces. Please visit the American Fact Finder website, www.facMnder2.census.gov/for the Census Tract information.(You may want to cut and paste the following link which will allow you to search by street address:hffp://factfinder2.census.gov/faces/na) 8514!,Census Tract 1 Block Group 1 8513.01!Census Tract 2 Block Group 2 8546'Censust Tract 3 l j Block Group 3 2 Project Funding Request(Your project should fall within one of the specific categories.If you select"Other",please provide an explanation. Check the category, which describes the type of funding requested. Note:Projects must have a minimum budget of$25,000. 0 Acquisition of Real Property 0 Disposition of Real Property 0 Public Facilities and Improvements (e.g.,homeless shelter,water and sewer facilities, flood and drainage improvements,fire protection facilities/equipment,community,senior and health centers, parking, streets,curbs,gutters and sidewalks, parks and playgrounds.) 0 Privately-Ow ned Utilities Public Service(i.e., rental reimbursement,educational programming expenses,or an increase in the level of a service) 0 Relocation Payments and Assistance to Displaced Persons 0 Removal of Architectural Barriers, Handicapped Accessibility 0 Housing Rehabilitation 0 Commercial or Industrial Rehabilitation,including facade improvements and correction of code violations. https://zoo grants.corTVrapp.asp?rfpid=371&propid=25633&dtype=&f= 1/6 6/12/2014 ApplD 25633 0 Special Economic Development or assistance to micro-enterprises. 0 Other: 3 Please identify the National Objective(s)your Activity meets: For descriptions of each Objective,please review p. 7 of the City's 2014 Citizen Participation Plan and Project Proposal Instructions at www.cityofe/gin.org/2014CDBG . Benefits Low/Moderate-Income Residents 0 Prevents or Biminates Slurn/Blight Conditions 0 Qualifies as a certified urgent need 4 Check all statements that describe HOW this project or activity meets one of the National Objectives below: UM Area Benefit:the project meets the identified needs of UM income persons residing in an area w here at least 51%of those residents are UM income persons.The benefits of this type of activity are available to all persons in the area regardless of income. Examples:street improvements,w ater/sew er lines, neighborhood facilities,facade improvements in neighborhood commercial districts. UM Limited aientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of w hom are UM income persons.The following groups are presumed to be UM:abused children,elderly persons, battered spouses, homeless, handicapped,illiterate persons. Examples:construction of a senior center,public services for the homeless, meals on w heels for elderly,construction of job training facilities for the handicapped. UM Housing:the project adds or improves permanent residential structures that w ill be occupied by UM income households upon completion. Housing can be either ow ner or renter occupied units in either one family or rruftkfamily structures. Rental units for UM income persons must be occupied at affordable rents. Examples:acquisition of property for permanent housing, rehabilitation of permanent housing,conversion of non-residential structures into permanent housing. 0 UM Jobs:the project creates or retains permanent jobs,at least 51%of w hich are taken by UM income persons or considered to be available to UM income persons. Examples: loans to pay for the expansion of a factory,assistance to a business w hich has publicly announced its intention to close w/resultant loss of jobs,a majority of w hich are held by UM persons. 0 McroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A microenterprise is defined as having five or few er employees,one or more of w hom ow ns the business.) This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. 0 Slum or Blighted Area:the project is in a designated slurn/blight area and the result of this project addresses one or more of the conditions that qualified the area. 0 Spot Blight:the project w ill prevent or eliminate specific conditions of blight or physical decay outside a slum area.Activities are limited to clearance,historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety,demolition of a deteriorated,abandoned building. 5 How will the program's eligibility for CDBG funding be established? R) Limited Clientele 0 Presumed eligible(severely disabled adults,abused children,battered spouses or homeless) 6 Please answer the following Low to Moderate Income (LMI)questions: Please indicate the number. 800;What is the total estimated number of persons to be served by this project? 44.0;What is the total estimated number of LMI persons to be served by this project? 55;What is the anticipated percentage of LMI persons to be served by this https://zoomg rants.corrVrapp.asp?rfpid=371&propid-25633&dtype=&f= 216 6/12/2014 ApplD 25633 project? ESL•Who is your targeted population?(i.e.,severely disabled adults,abused children, battered spouses or homeless,etc.) 7 Provide a one-sentence summary of your organization's mission and work. HOPE Fair Housing Center, a non-profit agency,works to ensure everyone has the chance to live in the conymnity, home,or apartment of their choice. 8 Describe your program.Be specific about the activities/services provided, days/times of services and the frequency and duration of services received by the average client or participant. HOPE Fair Housing Center is submitting this proposal to help Elgin fulfill its obligation to affirmatively further fair housing. Each time that Elgin receives CDBG funding, it certifies that it affirmatively furthers fair housing,the activities HOPE proposes ensure that Elgin's certification is accurate. Although HOPE and Elgin have a complicated history, it is clear that w e are both now in agreement and fully committed to building and maintaining safe,vibrant and connected neighborhoods throughout the city. HOPE's commitment to Elgin is reflected in a variety of w ays,most certainly through HOPE's pledge to invest$600,000 for neighborhood stabilization and revitalization in the South Fast Elgin neighborhood. In the past tw o years, HOPE's new Executive Director,Anne Houghtaling, has ensured excellence in financial and administrative management in addition to program and service excellence. HOPE education&outreach programs include fair housing presentations appropriate for ESL audiences and youth targeted fair housing lesson plans appropriate for a variety of high school classes. Fudning these programs in Elgin would address one of the impediments to fair housing identified in the Kane County—Elgin Analysis of Impediments to Fair Housing Choice. For instance,the Al acknow ledges that 1 in 4 residents surveyed experienced or knew someone w ho had experienced discrimination(p37). Further, it w as found that the same respondents w ould not know w hat to do if faced w ith discriminatory practices (p37). The Al recommends fair housing education to counteract the identified impediment. HOPE staff is expert in providing fair housing training to rental providers such as that identified by Elgin as an activity in its Annual Action Plan.The services HOPE proposes to provide,on a cost reimbursement basis, include: 1.HOPE w ill w ork w ith city employees and local agencies such as NHS to review data related to foreclosures, including fines levied by Elgin against lenders for failure to maintain REO properties overlaid w ith geographic and demographic information. Review ing foreclosure and modification data from counselors and attorneys such as those at NHS w ill identify potential patterns of discrimination based on race, national origin, LEP, pregnancy and/or disability and allow HOPE to undertake effective advocacy and enforcement actions. 2.HOPE will continue to implement its education and outreach program w ithin Elgin by providing education and resources on fair housing issues in public and private forums. 3. Serve as an educational resource to local elected officials and municipal staff about the obligations of recipients of federal funds to affirmatively further fair housing. 4. Monitor both print and online housing advertisements in Elgin and provide education and advocacy that discourages discriminatory advertising and statements. S.Counsel complainants w ho have encountered illegal discrimination, investigate and provide advocacy. 9 Where (address/location)will your program take place? Education&Outreach events w ill take place throughout Elgin, including at Elgin ArtSpace Lofts, Elgin Community College,City Hall, High Schools w ithin U-46.Often, HOPE meets clients at their current residence,wherever that might be. HOPEs offices are located at 245 W. Roosevelt Rd,Building 15,Suite 107,West Chicago IL. HOPEs community development activities are targeted to NO-SEE area of Elgin(census tract 5514). 10 Is the facility and program in compliance with the Americans with Disabilities Act? 2) Yes O No 11 If"no,"explain what areas are not compliant and what accommodations are made for individuals with disabilities.Describe your organization's experience making such accommodations. As a recipient of federal funds, HOPE is experienced in ensuring physical accessibility to its https://zoongrants.corr✓rapp.asp?rfpid=371&propid=25633&dtype=&f= 3/6 611212014 ApplD 25633 offices, programs and services. HOPE also has provided a variety of accommodations w here needed such as ASL interpreters, language interpretation,large type print, CART (captioning services). Each individual's specific need for accommodation is always addressed by HOPE 12 Describe the existing problems or conditions to be corrected by the proposed activity. Identify the persons affected by these conditions.Explain how the project benefits low and moderate income people. Affirmatively furthering fair housing is a critical component for any CDBG recipient-HUD requires certification that the recipient is affirmatively furthering fair housing is a pre- condition to receipt of CDBG funds.Some root causes of poverty are unequal access to education,jobs,transportation and healthcare.The historic and institutionalized discrimination against people of color and woman in this country result in on-going inequities that fuel continued poverty and isolation based upon race, national origin,disability and gender. Because housing is so inextricably tied to access to education,jobs, healthcare, environmental justice and transportation,it is critically important that housing be offered on an equal basis. HOPE's experience w ith complaints and systemic investigations demonstrate on-going widespread discrimination.That discrimination is both discrimination against individuals, but more often compounded by discrimination based upon the racial demographics of a community.The on-going residential segregation,fueled in large part by discriminatory steering based upon race in home buying,lying about the availability of rental housing,discriminatory mortgage lending practices—including redlining and then predatory lending, have had a devastating impact on communities of color throughout Chicago.At the same time,w hiter and more affluent communities are blocking the development of affordable housing in their communities by a"pocket veto"ensured by IHDA requirement of local approval and support for low-income housing tax credit properties.The work plan identifies key components that this funding w ill support w ithin HOPE's programs and services w hich address and counteract these issues. 13 The City of Elgin has identified eight strategic planning priorities to guide its vision to become THE CITY IN THE SUBURBS.Please check all applicable priorities to your project. For descriptions of the goals,please refer to the Citizens Participation Plan(pg. 14) or visit www cityofelgin.org/index.aspx?nid=1726. ❑ Public Safety ❑✓ Neighborhoods ❑ Financial Stewardship ❑ Economic Development Dow ntow n Education&Workforce Development ❑ Diverse Workforce ❑ Image&Engagement 14 List ALL CDBG grants you have received.Please include Project Year, Project Name,and Grant Amount. Example:2013:HVAC Replacement, $50,000 HOPE currently receives CDBG funds from DuPage County. HOPE has not received CDBG funds from Elgin since 2006(note: HOPE has had a change in leadership since that time). Under new leadership, HOPE uses the fund accounting method to allocate all expenses of the organization to"Cost Centers". HOPE uses the Journyx time and expense keeping system,w hich can be imported into its QuickBooks Pro accounting system to record all organizational costs. HOPE has a comprehensive set of accounting policies and procedures that comply w ith Generally Accepted Accounting Procedures (GAAP)and w hich have been updated to reflect changes created by the Sarbanes-Oxley Act. HOPE produces monthly financial reports that are reviewed by the full Board of Directors. HOPE contracts w ith an independent auditor to conduct its annual audit. HOPE has an Executive Director w ho is,assisted by a part time Bookkeeper on staff, responsible for the financial management of grants.The Executive Director has more than tw elve years'experience in federal grant financial management and is familiar w ith OIvB Circulars A-110,A-122,and A-133. For the past 18 months, HOPE has effectively managed https://zoomg rants.corrVrapp.asp?rfod=371&propi d=25633&dtype=&f= 416 6/1212014 ApplD 25633 multiple source grants and ensured timely performance of quality deliverables for each. HOPE manages and staffs multiple projects by(1)distributing the Statement of Work for each grant/contract/project to appropriate staff at the beginning of each quarter and assigning tasks, (2)reviewing all Statements of Work to ensure tasks are assigned and staffed for all projects, (3)creating a labor distribution chart for employees as part of its annual budgeting process [this ensures no staff is assigned more than 100%time to grants/projects/contracts and also that staff is fully utilized)(4)monitoring staff hours by grant through"Journyx"Time Keeping&Expense software.Journyx allows HOPE to accurately and contemporaneously track staff time and case/project expense through a web hosted program Staff is required to complete Journyx timekeeping daily and submit their timesheet prior to being paid. HOPE can then easily generate computer reports of case time for diversion and staff time and expense by grant or project(5)using the cost fund accounting system,w hich assigns each grant or project its ow n cost center.Time entered into Journyx utilizes appropriate cost centers,w hich can then be compared to the labor distribution chart and used for accurate reporting to a funder for each grant's expenditures. No staff member can enter more than 80 hours(full-time)per pay period. Each pay period HOPEs executive director reviews all timesheets submitted to ensure staff are accurately allocating time to each grant/cost center. 15 Oftentimes projects that are approved for CDBG funding may be awarded less than the amount originally requested.Will your organization still proceed with the project if funds are not awarded,or if your project is only partially approved? 0 Yes 0 No 16 Please provide the project's goal.Describe in quantifiable terms the goal(s)to be achieved by your project during the proposed funding period,and how the recipients of your services will be benefited or changed. Example: To enhance the basement recreational area and to improve the safety for 10 low- income and developmentally disabled individuals residing in the John Doe Group Home. HOPE ill reach at least 800 residents through its education and outreach campaign, HOPE will assist an estimated 20 persons to resolve fair housing issues/complaints. 17 Please provide your project's objective.(One sentence only.) Example: To construct a bathrooms and install a sprinkler system throughout the house for 10 low-income and developmentally disabled individuals. Conduct activities w hich fulfill Elgin's obligations to affirmatively further fair housing. 18 Please provide your project's measurable objective(s). Example: To provide a safe, affordable,permanent supportive housing for 10 low-income individuals with disabilities who are working towards greater independence and community inclusion. HOPE w ill provided detailed information about education&outreach events -date,time, location,#of participants,demographics of participants. HOPE will provided detailed analysis and information related to foreclosed property fines by the city of Elgin,by lender and overlaid w ith demographics, including maps.HOPE w ill provide intake logs for complaints received from Elgin residents and enforcement logs for actions taken based upon complaints or HOPES systemic investigations. 19 Please indicate whether you are the designated CDBG project manager. If"Other",please provide the name of the designated staff member and title. 0 Yes 0 Other: 20 Please indicate yours or your CDBG project manager's CDBG grants management experience.Please identify experience by number of years.If none,input"0". 18 21 Are you or your project manager familiar with HUD's regulations as they relate https://zoorrigrants.comhapp.asp?rfpid=371&propid=25633&dtype=&f= 5/6 6/1212014 ApplD 25633 to procurement,contractors (Davis-Bacon Act),low to moderate income data reporting? 2 Yes 0 No 22 The following question is related to environmental review as per HUD's standards.Please select all relevant statements. Please note that pending project activities, HUD's environmental review policies may require additional documentation. The awarded organization will be responsible for all expenses related to fulfilling HUD's environmental clearance requirements. 0 The project site is a local(landmark and/or located within an historic district),state or National Register property. 0 The project site is located w ithin a flood zone of floodplain. 0 The project site w ill involve demolition of an existing structure. 0 The project w ill result in an expansion of the facility. R) None of the above. 23 Oftentimes projects that are approved for CDBG funding may be awarded less than the amount originally requested.Will your organization still proceed with the project if funds are not awarded OR if your project is only partially approved? 9) Yes 0 No 24 If funded a reduced amount, please describe how this would affect the implementation of your project.If your project is a multi-phase project,please provide details as to how the project will continue if CDBG funds are not available in future years If project cannot move forward with reduced funding,please indicate that the "Project will not be completed without full CDBG funding request." HOPE has pledged to provide$600,000 for neighborhood stabilization and reinvestment activities,centered on the"NO-SEE'neighborhood. That activity w ill occur regardless of funding under this proposal. HOPEs fair housing activities within Elgin w ill be limited w ithout this funding. For example,HOPE w ould provide fair housing education and training at approximately 104 events in Elgin if funded. If HOPE is not funded,those events w ould drop to approximately 6. Application ID:25633 Become a fan of ZoomGrants T"on Facebook Problems?Contact us at Questions(a)ZoomGrants.com ©2007-2014 GrantAnalystcom All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com,LLC. Log out https://zoorrgrants.corrVrapp.asp?rfpid=371&propid=25633&dtype=&f= 6/6 6/12/2014 ApplD 25633 Ei : ► ELGIN THE CITY IN THE SUBURBS- Powered by ZoomGrants7" City of Elgin Community Development Department City of Elgin 2014 CDBG $774138 /2014 Deadline Program Year. HOPE Fair Housing Center Application Status: Undecided Fair Housing Programs & Services $28,629.48 Requested Budget Leveraged 2014 Budget Summary CDBG Funds Commtted Total Funds Funds Gideon Jesionowski- ESL& Immigrant Outreach Coord $8,499.00 $33,995.00 $33,995.00 $42,494.00 Kamal Ganjalikhani-Lending/Data $ 1,947.00 $43,043.00 $43,043.00 $44,990.00 Analyst Shirley Stacy-Office Administrator $3,480.00 $56,840.00 $56,840.00 $60,320.00 Anne Houghtaling-Executive $ 1,845.00 $83,155.00 $83,155.00 $85,000.00 Director Paula Brkich-Lending&Community $1,125.00 $50,875.00 $50,875.00 $52,000.00 Dev Mgr Tara Waterlander- Investigations $1,730.00 $43,260.00 $43,260.00 $44,990.00 Coordinator Fringe+Indirect $9,156.00 $ 196,652.00 $196,652.00 $ 205,808.00 Mleage for presentations/meetings $848.00 $848.00 Total Other Funds Grand Total Total $ $ 507,820.00$ 507,820.00 $ 28,630.00 536,450.00 Capital Projects Only CDBG Other Non- Other federal Total Funds federal funds funds Land Existing structures Other Acquisition Costs Demolition/Clearance New construction Rehabilitation Performance bond premium Construction contingency Architect Fees https://zoomgrants.corr✓rapp.asp?rfpid=371&propid=25633&dtype=&f= 1/2 6/12/2014 AppID 25633 Engineering fees Other Architect/Engineering fees Appraisal fees Survey Soil boring/env iron mentaVLBP evaluation Tap fees and impact fees Permitting fees Legal fees Developer fees Project reserves Grand Total Total $0.00 $ 0.00 $ 0.00 $0.00 Budget Narrative This budget reflects hourly staff time estimated based upon experience with projects with similar scope of work.The staff hours include time for presentations,education&outreach, investigations,client intake and project management.The budget reflect current hourly rates+ appropriate associated fringe benefits.These rates have been accepted by HUD in multiple grants in the past two years.This proposed project w ould represent 3.27%of HOPE's overall 2014 budget.This small amount funding w ould allow HOPEto focus more of its time and resources to Elgin,an important community in HOPEs service area. HOPE has an Executive Director who is,assisted by a part time Bookkeeper on staff,responsible for the financial management of grants.The Executive Director has more than 12 years'experience in federal grant financial management and is familiar w Rh ONU Circulars A-110,A-122,and A-133. For the past 18 months, HOPE has effectively managed multiple source grants and ensured timely performance of quality deliverables for each. HOPE manages and staffs multiple projects by (1)distributing the Statement of Work for each grant/contract/project to appropriate staff at the beginning of each quarter and assigning tasks,(2)review ing all Statements of Work to ensure tasks are assigned and staffed for all projects,(3)creating a labor distribution chart for employees as part of its annual budgeting process [this ensures no staff is assigned more than 100%time to grants/projects/contracts and also that staff is fully utilized](4)monitoring staff hours by grant through"Journyx"Time Keeping&Expense software.Journyx allows HOPE to accurately and contemporaneously track staff time and case/project expense through a web hosted program Staff is required to complete Journyx timekeeping daily and submit their timesheet prior to being paid. HOPE can then easily generate computer reports of staff time and expense by grant or project(5)using the cost fund accounting system,w hich assigns each grant or project its ow n cost center.Time entered into Journyx utilizes appropriate cost centers,w hich can then be compared to the labor distribution chart and used for accurate reporting to a funder for each grant's expenditures.No staff member can enter more than 80 hours (full-time)per pay period. Each pay period HOPES executive director reviews all tirresheets submitted to ensure staff are accurately allocating time to each grant/cost center. Application ID:25633 Become a fan of ZoomGrantsTI on Facebook Problems?Contact us at Questions(a2ZoomGrants.com ©2007-2014 GrantAnalyst.com All rights resereed. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com,LLC. Log oul https J/zoorrlg rants.cornfrapp.asp?rfpid=371&propid=25633&dtype=&f= 212 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and City of Elgin policies. Also,the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City,the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part 1; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUB- RECIPIENT will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968,as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; Page 11 of 16 (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title I1 and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608 and 24 CFR Part 35; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the City,HUD, and to the AESOP Assistant Administrator for Enforcement (EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB- RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph(1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, Page 12 of 16 dispensing, possession or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT'S policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant,the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(A), (B), (C), (D), (E) and (F). 11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 12. In regards to lobbying,the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB- RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person Page 13 of 16 for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. Page 14 of 16 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the City of Elgin and the Department of Housing and Urban Development, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. Page 15 of 16 SUB-RECIPIENT: H.O.P.E. INC. (aka HOPE Fair Housing Center) 245 West Roosevelt Road Building 15, Suite 107 West Chicago,IL 60185 BY:("' _v+�dA4� Anne ghtaling I Exe�cuti Director DATE: q 1 - I I( I 9 ATTEST: L( Page 16 of 16