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15-167
Resolution No. 15-167 RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENTS FOR FISCAL YEAR(FY) 2015 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 on behalf of the City of Elgin, with each of the following grant subrecipients, a copy of which is made a part hereof by reference: 1. Senior Services Associates, Inc., in an amount of$36,000, for rental assistance regarding the lease of the facility at 205 Fulton Street; 2. P.A.D.S. of Elgin, Inc., in an amount of$50,000, for rental assistance regarding the lease of the facility at 1730 Berkley Street; 3. Wayside Cross Ministries, in an amount of$31,100, for rental assistance regarding the lease of the facility at 1732 Berkley Street; 4. H.O.P.E. Inc., (a.k.a. Hope Fair Housing Center), in an amount of$7,283, for fair housing programs and services; 5. Kane County, in an amount of$50,000, for the Kane County Lead Based Paint Hazard Control (LBPHC)Program; 6. Habitat for Humanity of Northern Fox Valley, in an amount of$25,000 to replace the roof at their facility at 56 South Grove Avenue; 7. The Young Women's Christian Association, Elgin Illinois, in an amount of$75,000, for the Building Space Diversification Project, Phase II at their facility at 220 East Chicago Street; 8. Community Crisis Center Inc., in an amount of $25,000, for foundation and HVAC improvements at their facility at 37 South Geneva Street; and 9. Association for Individual Development, in an amount of $25,000, for accessibility renovations at their group homes at 1482 Maple Lane and 974 Hillcrest Road in Elgin. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 16, 2015 Adopted: December 16, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk -2 - AGREEMENT BETWEEN THE CITY OF ELGIN, AND SENIOR SERVICES ASSOCIATES, INC This AGREEMENT is entered into as of the I IN day of J 4/14((A ,2014,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter called"GRANTE1 "or"CITY")and SENIOR SERVICES ASSOCIATES, INC, 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 101 South Grove Avenue, Elgin, Illinois, 60120. 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) 2015, said award being identified as Community Development Block Grants/Entitlement Grants CFDA #14.218. The name of the award is Community Development Block Grant Program,Award Number: B-15- MC-17-0011, awarded for Program Year 2015. This award is not entitled to be used towards Research and Development (R&D). The name of the Federal agency providing these grants is the United States Department of Housing and Urban Development. 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, 2014, and entitled"Elgin Senior Center Support," 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 SUB-RECIPIENT for monthly rental costs associated with the lease of the facility at 205 Fulton Street, Elgin, Illinois. This facility is to be used exclusively for the provision of educational, recreational socialization and wellness programs in a safe, inviting and accessible setting for senior citizens. Services provided at the facility are to be consistent with the scope and intent of the PROJECT. 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). C. 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 Page 1 of 16 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. D. 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`"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. IV. 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$36,000(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"'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. Page 2 of 16 B. This PROJECT shall be identified as Project No. 154366 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. 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. Page 3 of 16 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. 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: Page 4 of 16 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. 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 II.B, 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, Page 5 of 16 rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report, by the 10`h 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 Section X herein,this agreement shall terminate on June 1,2016. 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 Page 6 of 16 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 Emergency Shelter June 1, 2015-May 31, 2016 2. Provide Case Management June 1, 2015-May 31, 2016 3. Rental Reimbursement June 1, 2015-May 31, 2016 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 Page 7 of 16 • 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: Sean R r tegall„City M nager/ DATE: ///Z° ATTEST: 1■ , , _LL imberly A. Dewis,Ci y Clerk SUB-RECIPIENT: Senior Services Associates,Inc. 101 S. Grove Avenue, Elgin, Illinois 60120 BY: 6- . .L, 4:36n Bette Schoenholtz, Executive rector DATE: 1/ lb / 1S ATTEST: aiirel C Page 9 of 16 Email This Preview Save as PDF Print Close Window A•• ELGIN THE CITY IN THE SUBURBS" Powered by ZoomGrantsTM City of Elgin Community Development Department CITY OF ELGIN 2015 CDBG APPLICATION 12/17/2014 deadline Senior Services Associates,Inc. Elgin Senior Center Support $37,000 Requested Senior Services Associates,Inc. Submitted:12/17/2014 11:12:00 AM(Pacific) 101 South Grove Avenue Telephone847-741-0404 Elgin,IL 60120 Fax 847-741-2163 Project Contact Web www.seniorservicesassoc.org Beth McClory Executive Director bmcclory seniorservicesassoc.orq Bette Schoenholtz Tel:847-741-0404 bschoenholtz b AOL.com Additional Contacts none entered 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.factfinder2.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:http://factfinder2.census.gov/faces/na) 8512!Census Tract 1 13!Block Group 1 Census Tract 2 Block Group 2 Census Tract 3 Block Group 3 Other-(E.g.Citywide Elgin) 8,525.00 TOTAL 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. I- Acquisition of Real Property (- Disposition of Real Property F Capital/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.) ✓ Privately-Owned Utilities ✓ Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) I- Relocation Payments and Assistance to Displaced Persons ✓ Removal of Architectural Barriers,Handicapped Accessibility I- Housing Rehabilitation ✓ Commercial or Industrial Rehabilitation,including facade improvements and correction of code violations. I- Special Economic Development or assistance to micro-enterprises. I- 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.cityofelgin.org12014CDBG. F Benefits Low/Moderate-Income Residents ✓ Prevents or Eliminates Slum/Blight Conditions I- 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 where 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,water/sewer lines,neighborhood facilities,facade improvements in neighborhood commercial districts. F UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom 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 wheels for elderly, construction of job training facilities for the handicapped. E UM Housing:the project adds or improves permanent residential structures that will be occupied by UM income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family 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. I- UM Jobs:the project creates or retains permanent jobs,at least 51%of which 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 which has publicly announced its intention to close w/resultant loss of jobs,a majority of which are held by UM persons. ✓ MicroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A microenterprise is defined as having five or fewer employees,one or more of whom owns the business.)This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. I- Slum or Blighted Area:the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. E Spot Blight:the project will 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? I- Limited Clientele F 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. 4420■What is the total estimated number of persons to be served by this project? 4420;What is the total estimated number of LMI persons to be served by this project? 100{What is the anticipated percentage of LMI persons to be served by this project? Seniors Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) i 8,940.00 TOTAL 7.Provide a one-sentence summary of your organization's mission and work. Provide a place for Elgin seniors citizens to gather offering educational,exercise and wellness programs and opportunities for recreation,socialization and benefit analysis in a safe,inviting and accessible setting. 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. The center is open from 8 AM until 4 PM Monday through Friday,closed on holidays;for open games,parties,evidence based fitness programs,open computers and computer classes,country line dancing,folkloric dance classes,Tai Chai,craft and decorating classes,painting classes,walking club, super stretches,educational lectures,lunch and special events.Most meals served at the center are provided for a voluntary donation by the Salvation Army Golden Diners program,our partner for nutrition.Other meals are catered by local restaurants at low cost to the senior or donation only for those that can't afford to contribute.In addition to the wellness,education and recreational activities the space involved in this request also hold 2 case managers.The case managers provide information and assistance and adult protective services to seniors visiting the center as well as others,by appointment.The space also provides free income tax preparation through AARP,Triad meetings and events,volunteer recruitment for Senior Services and other agencies and government offices,and legal assistance for seniors from volunteer attorneys.We partner with local clubs, groups and agencies allowing use of the space.Senior Services offers up to three activities at a time for seniors and disabled persons,including a special outreach into the Hispanic and Laotian communities.Our programming brings the senior community together;many renew old acquaintances while making new friends.Elgin's senior center is open to all seniors and provides opportunities everyone. 9.Where(address/location)will your program take place? The location of the senior center offering programs to large groups is 205 Fulton Street,Elgin.Associated with this lease is a section that includes a commercial kitchen,a library room,information and assistance and adult protective services at 105 S.Grove Avenue,Elgin. 10.Is the facility and program in compliance with the Americans with Disabilities Act? F Yes I- 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. N/A 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. Senior citizens,especially low and moderate income,need a place to gather,to have fun and meet people at no cost.Isolation is a major problem with seniors,many have outlived family and friends and need a place to interact with peers.Our center offers this,many spend most of their week at the center;they volunteer to help with parties,make prayer shawls for friends in need,baby blankets for new arrivals in Elgin.Isolation as well as health issues that accompany aging can be alleviated by participation in our wellness programs.What better place than downtown Elgin for this vital active program,bringing 100 to 400 persons each week downtown.Assistance offered accessing public benefits while at the center can add hundred's of dollars to their monthly income allowing the purchase of nutritious foods,needed medication and a quality of life.A recent posting by the National Council on Aging(NCOA)told of a 76 year old woman they called Gladys,a story we see nearly daily.After paying for rent,her Medicare premium and medicine she had$126 left for a month of food,heat and transportation.As a regular participant in her local senior center she new to inquire of staff where she could find assistance.An information and assistance case manager helped her to apply for Supplemental Nutrition Assistance (SNAP)and many other benefits for which she was entitled and needed to receive to live.Her new benefits added$768 each month to her income. Gladys'comment;"Now I can buy fruit!"This assistance,although needed to survive,is also additional money spent in her local community.Seniors are more often than others,victims of crime.Triad meets frequently at our center,providing information to help keep our seniors safe,as does Senior Services Adult Protective Services case workers,also located on this site,These case workers investigate allegations of abuse,neglect and exploitation of seniors and persons with disabilities over age 18.Also offered,many lectures on ways to keep yourself safe. 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. F Public Safety I- Neighborhoods I- Financial Stewardship I- Economic Development F Downtown I- Education&Workforce Development I- Diverse Workforce F Image&Engagement 14.List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example:2014:HVAC Replacement,$50,000 A City of Elgin CDBG grant purchased the building at 101 S.Grove for Senior Services,as a place for seniors in the late 80's.We have received many grants since that time to provide air conditioning,an elevator and other major maintenance issues.Recently;2001 we received$30,000 for replacement/repair of windows,in 2004 we received$37,080 for accessible entrance,in 2011 we received$42,500 matching grant to replace/upgrade HVAC systems,in 2012 and 2013,$29,000 each year towards rent for the expanded senior center at 205 Fulton Street.In 2014 we received$66,480 for Senior Center Building Maintenance and$36,000 Senior Center Support(Rent). 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? fl Yes F 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 1010w-income and developmentally disabled individuals residing in the John Doe Group Home. Provide opportunities for Elgin seniors to increase their physical,emotional and mental fitness through exercise,education,socialization,access to benefits and chances to be productive and contributing through volunteerism. 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. To provide evidence based fitness programs,educational lectures,nutritional assistance,parties,games,classes,benefit analysis and volunteer opportunites to enrich the lives of 4420 Elgin seniors and persons with disabilities over age eighteen. 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. To provide evidence based fitness programs to 100 seniors,additional exercise programs to 200 seniors,socialization and recreational opportunities to 1700 seniors,information and assistance accessing public benefits to 2000 Elgin seniors,transportation to needed services to 80 seniors and protection through Adult Protective Services(APS)to 120 seniors and persons over age 18 with disabilities.All services enhance the lives of seniors and persons with disabilities,prevent isolation and increase physical and mental health,allowing them to remain safely and with dignity in their homes as long as possible. 19.Please indicate whether you are the designated CDBG project manager. If"Other",please provide the name of the designated staff member and title. F Yes E 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". My experience includes managing CDBG projects includes all Elgin projects since 2001,there have been 7 and 3 additional in Aurora.I have 14 years of experience. 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate income data reporting? F Yes E 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. E The project site is a local(landmark and/or located within an historic district),state or National Register property. F The project site is located within a flood zone of floodplain. fl The project site will involve demolition of an existing structure. F The project will result in an expansion of the facility. F 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? F Yes F 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 yea If project cannot move forward with reduced funding,please indicate that the"Project will not be completed without full CDBG funding request." Senior Services would be obligated to complete the existing lease agreement.Should we be awarded less than the amount requested we would seek other options for funding,but if additional funding from another source is not obtained we would need to give up the space at 205 Fulton Street.The result would be returning to one activity each day and allowing participation by a maximum of 82 persons. 25.Does your agency receive CDBG funding from any other entities(i.e.,Kane County,Naperville,Aurora,etc.)? F Yes F No 26.If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele.If your project would only involve CDBG funding from the City of Elgin,please type,"NA." We receive funding from the Aurora CDBG.All of our clients are added into 2 systems,one mandated by the State of Illinois(entry to this system is done at one location,the Elgin corporate office)and the other used for case notes and services,entry by case managers.Both require entry by City and County as well as by a locator code that distinguishes townships and portions of Cities that are in more than one township or county and allow for reports by the same distributions.Our systems can also produce numbers of persons in each program as well as unduplicated persons.We have no problem in reporting accurate numbers of Elgin participants. 27. Does your agency own or rent the facility(s)where your proposed project will take place. F Own F Rent F Not Applicable 28.Is your organization financially stable? F Yes E No 29.Please provide details pertaining to your proposed project's maintenance plan,including anticipated cost estimates. Senior Services has occupied the space at 205 Fulton Street since June 1,2011.The City of Elgin assisted in negotiating the lease for three years. The renewal,June 1,2013 and again June 1,2014 requested a 3%increase in the rent with no change in terms,utilities included.Staff are paid by a grant from the Northeastern Illinois Area Agency on Aging,approved for the coming year,and by Elgin Township.Township support is in addition to the assistance they provide for rent.The program operates within the approved budget. 30.If applying for a capital/public facilities project(building and/or grounds improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not,please type,"NA." N/A Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds Contractual Services(Please specify) Rent and Utilities $37,000.00 $11,396.77 $11,396.77 $48,396.77 Other Specify: Total CDBG Request Total Other Funds Grand Total Total $37,000.00 $11,396.77 $11,396.77 $48,396.77 Capital Projects Only CDBG Funds Other Non-federal funds Other federal funds Total Land Existing structures Other Acquisition Costs Demolition/Clearance New construction Rehabilitation Performance bond premium Construction contingency Architect Fees Engineering fees Other Architect/Engineering fees Appraisal fees Survey Soil boring/environmental/LBP 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 Our request is for rent and utilities only,our agreement includes a 3%increase each year of the 3 year agreement.This will be year two. Documents Documents Requested* Required?Attached Documents* Audited financial statement for the most recent completed fiscal year: F Audited Financial Statement Copy of OMB A-133 Audit(Required if$300k in aggregate Federal funds expended)OR CPA audited Financial statement(only if not qualified for A-133)OR Profit&Loss Statement Current Fiscal Year Agency Budget,including all funding sources. F FY15 and FY14 Budget Board of Directors,including professional affiliations and home F Board of Directors addresses. Most recent annual report or a summary of the organization's prior F Annual Report pos.1-5 year's activities and accomplishments. Annual Report pas.6-10 Annual Report pas. 11-15 Annual Report pas.16-20 Annual Report pqs.21-25 Federal 501(c)(3)letter of determination verifying tax-exempt status. F 501(c)(31 Non-discrimination&equal employment opportunity policies,and F Non discrimination policy Affirmative Action Plan. Articles of incorporation/bylaws. F Articles of Incorporation Bylaws pt 1 Bylaws pt 2 Brief job descriptions of staff member(s)who would manage the F Resume Beth McClory CDBG grant project as well as the resumes of the Chief Program Job Description Administrator and Chief Fiscal Officer.Please also attach an organizational chart. Organizational Chart download template A letter or resolution from your Board of Directors authorizing the F Sinned Board Resolution submission of the proposed project.Documentation must be submitted providing the name,title,address and telephone number of each individual authorized to negotiate CDBG contracts. Form used to document income of participants to establish CDBG F Verification eligibility if Limited Clientele.If your form does not have HUD's CDBG Income Qualification Guidelines,you will need to use the City's form (download and then upload with agency info). download template State of Illinois LLC/CORP Certificate of Good Standing.If you need to F Sec of State Letter of Good Standing authenticate your Certificate,please visit: www.cyberdriveillinois.com/departments/business_services/corp.html 2015 CDBG Project Milestone Timeline F Timeline download template Project type verification.There are two types:Public Services or F Project type verification Public Facilities.You must download and complete the template form. Also,if you are applying for a public facilities project,a contractor estimate is required with your submittal. download template Signature Authorization Form and Conflict of Interest F Signature verification download template Funding commitment letters from outside sources(if applicable.) r Funding agreement If your agency has received over$500,000 in grant funding,you must r Single Audit Statement upload your most recent Single Audit statement.This is a separate audit from the city's requested audited financial statement(also required). Zoom Grants TM is not responsible for the content of uploaded documents. Application ID:36143 Become a fan of ZoomGrants'"'on Facebook Problems?Contact us at Questions(n7Z00mGrants.corn ©2002-2016 GrantAnalyst.com.All rights reserved. ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com,LLC. Logout I Browser 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 I; (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 II 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 for Page 13 of 16 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: Senior Services Associates,Inc. 101 S. Grove Avenue, Elgin, Illinois 60120 BY: Bette Schoenholtz Executive Director DATE: 1 lb l ATTES Page 16 of 16 AGREEMENT BETWEEN THE CITY OF ELGIN,AND P.A.D.S. OF ELGIN, INC. This AGREEMENT is entered into as of the 16 day of 4141411 ,2016,by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter called "GRANE" or"CITY")and P.A.D.S. OF ELGIN, INC.,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 1730 Berkley Street, Elgin, Illinois, 60123. 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) 2015, said award being identified as Community Development Block Grants/Entitlement Grants CFDA #14.218. The name of the award is Community Development Block Grant Program, Award Number: B-15- MC-17-0011, awarded for Program Year 2015. This award is not entitled to be used towards Research and Development (R&D). The name of the Federal agency providing these grants is the United States Department of Housing and Urban Development. 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, 2014, and entitled "Emergency Shelter Rental Reimbursement",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 SUB-RECIPIENT for monthly rental costs associated with the lease of the facility at 1730 Berkley Street, Elgin, Illinois. This facility is to be used exclusively for the provision of shelter, support services and counseling activities that aid homeless families and individuals to become self-sufficient members of society. Services provided at the facility are to be consistent with the scope and intent of the PROJECT. 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). C. 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. Page 1 of 16 D. 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`"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. IV. 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$50,000(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 10th 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. 154365 and Account No.230-0000-791.30-99, Page 2 of 16 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. 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. 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- Page 3 of 16 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. 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. Page 4 of 16 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. 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 II.B, 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 10`1' day following the end of the preceding quarter. Other reporting requirements Page 5 of 16 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 Section X herein,this agreement shall terminate on June 1, 2016. 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 Page 6 of 16 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 Emergency Shelter June 1, 2015-May 31,2016 2. Provide Case Management June 1, 2015-May 31,2016 3. Rental Reimbursement June 1, 2015-May 31, 2016 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 Page 7 of 16 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: /��t 4L7 Sean R. Ste'11, City Manager / DATE: // /q/4° ATTEST: f &t4(' i ,lam Kimberly A. Dewis, ity Clerk SUB-RECIPIENT: P.A.D.S. of Elgin, Inc. rkley Street, Elgin,Illinois, 60123 BY: 92/0/ Dennis Hewitt, Executive Director DATE: ( / / A ATTEST: Page 9 of 16 II`�` Email This Preview Save as PDF Print Close Window A•• ELGIN THE CITY IN THE SUBURBS' Powered by ZoomGrantsTM City of Elgin Community Development Department CITY OF ELGIN 2015 CDBG APPLICATION 12/17/2014 deadline P.A.D.S.of Elgin,Inc. Emergency Shelter Rental Reimbursement $50,000 Requested P.A.D.S.of Elgin,Inc. Submitted:12/15/2014 9:53:54 AM(Pacific) 1730 Berkley St Telephone847-608-9744 Elgin,IL 60123 Fax 847-608-9746 Project Contact Web www.padsofelgin.org Brittany Mitchell Executive Director bmitchell(cilpadsofelgin.orq Dennis Hewitt Tel:847-608-9744 dhhewitt(cilpadsofelgin.orq Additional Contacts none entered 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.factfinder2.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:http://factfinder2.census.gov/facesina) 8519.081 Census Tract 1 2j Block Group 1 nal Census Tract 2 na i Block Group 2 na j Census Tract 3 na'Block Group 3 Other-(E.g.Citywide Elgin) 8,521.08 TOTAL 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. I- Acquisition of Real Property I- Disposition of Real Property E. Capital/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.) I- Privately-Owned Utilities F Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) I- Relocation Payments and Assistance to Displaced Persons r Removal of Architectural Barriers,Handicapped Accessibility I- Housing Rehabilitation r Commercial or Industrial Rehabilitation,including facade improvements and correction of code violations. I- Special Economic Development or assistance to micro-enterprises. I- 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.cityofelgin.org/2014CDBG F Benefits Low/Moderate-Income Residents I- Prevents or Eliminates Slum/Blight Conditions I- Qualifies as a certified urgent need 4.Check all statements that describe HOW this project or activity meets one of the National Objectives below: I- UM Area Benefit:the project meets the identified needs of UM income persons residing in an area where 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,water/sewer lines,neighborhood facilities,facade improvements in neighborhood commercial districts. F UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom 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 wheels for elderly, construction of job training facilities for the handicapped. • UM Housing:the project adds or improves permanent residential structures that will be occupied by UM income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family 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. ✓ UM Jobs:the project creates or retains permanent jobs,at least 51%of which 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 which has publicly announced its intention to close w/resultant loss of jobs,a majority of which are held by UM persons. ✓ MicroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A microenterprise is defined as having five or fewer employees,one or more of whom owns the business.)This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. I- Slum or Blighted Area:the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. I- Spot Blight:the project will 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? E Limited Clientele F 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. 4501 What is the total estimated number of persons to be served by this project'? 4501 What is the total estimated number of LMI persons to be served by this project'? 1001 What is the anticipated percentage of LM I persons to be served by this project? Homeless;Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) 1 1,000.00 TOTAL 7.Provide a one-sentence summary of your organization's mission and work. The mission of PADS of Elgin is to provide overnight shelter and service coordination to Elgin area's homeless men,women and families. 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. PADS of Elgin is a 25 year old emergency shelter serving the Elgin community.The shelter provides guests in crisis with a safe place to sleep,meals, laundry and shower facilities,as well as case management services,advocacy,referral,and life skills.The shelter is open 365 days a year,from 7:OOpm-7:OOam,and the PADS office is open Mon-Fri for guests to receive additional services such as money management,mental health assessment,and substance abuse services.The average client stay for the 2013-2014 season was 29 days.During this past season PADS served 398 unique individuals and maintained a successful placement rate of 74% 9.Where(address/location)will your program take place? The PADS shelter is located at 1730 Berkley St,Elgin,IL,60123. 10.Is the facility and program in compliance with the Americans with Disabilities Act? F Yes I- 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. NA 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. The proposed activity provides a solution to the problem of homelessness.Homeless individuals lack a safe place to sleep,eat,shower,and access to services that will help them overcome their obstacles.The program provides a solution to this problem by operating a facility that gives shelter to people in crisis,as well as a place for daily meals and daily and nightly case management.All of our guests are of low to no income.Last year PADS served 398 individuals(which includes men,women,and children)and maintained a 74%successful placement rate,which is more than twice the national average.Without this program our homeless guests would be forced onto the streets,placing a strain on the police department and local emergency rooms.We have proven ourselves to be the most cost effective and efficient solution to homelessness in our community. 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. F Public Safety I- Neighborhoods I- Financial Stewardship I- Economic Development I- Downtown I- Education&Workforce Development I- Diverse Workforce I- Image&Engagement 14.List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example:2014:HVAC Replacement,$50,000 2014:Rental Reimbursement,$50,000 2013:Rental Reimbursement,$50,000 2012:Rental Reimbursement,$50,000 2011:Rental Reimbursement,$50,000 2010:Rental Reimbursement,$50,000 2007/2008:2 years Rental Reimbursement,$95,000 2006:Operations,$10,000 Kane County CDBG 2014:Operations,$27,000 Kane County CDBG 2013:Operations,$27,000 Kane County CDBG 2012:Operations,$30,000 Kane County CDBG 2011:Operations,$34,526 Kane County CDBG 2010:Operations,$40,000 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? F Yes I- 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. To provide safe emergency shelter in our facility to over 450 men,women,and children in our community in crisis. 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. To assist with the rental costs of the emergency shelter in our community,houseing over 450 men,women and children annually. 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. The PADS shelter will provide over 13,000 nights of safe shelter(with daily meals)to approximately 450 men,women and children in crisis,as well as case management services,designed to help clients regain independence and self sufficiency. 19. Please indicate whether you are the designated CDBG project manager. If"Other",please provide the name of the designated staff member and title. I- Yes F Other: Dennis Hewitt 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". 9 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate income data reporting? F Yes I- 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. I The project site is a local(landmark and/or located within an historic district),state or National Register property. I— The project site is located within a flood zone of floodplain. E The project site will involve demolition of an existing structure. I- The project will result in an expansion of the facility. F 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? F Yes E 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 yea If project cannot move forward with reduced funding,please indicate that the"Project will not be completed without full CDBG funding request." Without full funding from CDBG program PADS may be unable to continue providing shelter and services to residents of Elgin at our current level.Rent for our facility is the most fundamental expense associated with the services that we provide,and without support from the City for our facility,we would not be able to offer community members a safe place to stay and they would be forced onto the streets. 25.Does your agency receive CDBG funding from any other entities(i.e.,Kane County,Naperville,Aurora,etc.)? F Yes I- No 26.If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele.If your project would only involve CDBG funding from the City of Elgin,please type,"NA." Our project also receives CDBG funding from Kane County.PADS tracks our guests and demographics by recording information into HMIS reporting software,as well as keeping diligent case notes.This allows us to determine our program's success,as well as provide information in reports to funders.All clients have their previous residence determined and recorded at time of intake. 27.Does your agency own or rent the facility(s)where your proposed project will take place. I- Own F Rent E Not Applicable 28.Is your organization financially stable? F Yes r No 29.Please provide details pertaining to your proposed project's maintenance plan,including anticipated cost estimates. NA 30.If applying for a capital/public facilities project(building and/or grounds improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not,please type,"NA." NA Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds Contractual Services(Please specify) Rent: $50,000.00 $53,600.00 $51,000.00 $103,600.00 Other Specify: Total CDBG Request Total Other Funds Grand Total Total $50,000.00 $53,600.00 $51,000.00 $103,600.00 Capital Projects Only CDBG Funds Other Non-federal funds Other federal funds Total Land Existing structures Other Acquisition Costs Demolition/Clearance New construction Rehabilitation Performance bond premium Construction contingency Architect Fees Engineering fees Other Architect/Enqineerinq fees Appraisal fees Survey Soil boring/environmental/LBP 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 The budget above shows committed funds from a sublease agreement with Wayside.Between CDBG and these committed funds,the program will be funded.PADS will use funds from individual giving to make up the balance. Documents Documents Requested* Required?Attached Documents* Audited financial statement for the most recent completed fiscal year: F Audit Copy of OMB A-133 Audit(Required if$300k in aggregate Federal funds expended)OR CPA audited Financial statement(only if not qualified for A-133)OR Profit&Loss Statement Current Fiscal Year Agency Budget,including all funding sources. F Budget Board of Directors,including professional affiliations and home F Board of Directors addresses. Most recent annual report or a summary of the organization's prior F Annual Report year's activities and accomplishments. Federal 501(c)(3)letter of determination verifying tax-exempt status. F 501c3 Non-discrimination&equal employment opportunity policies,and F Non Discrimination Policy Affirmative Action Plan. Articles of incorporation/bylaws. F Articles of Incorporation Brief job descriptions of staff member(s)who would manage the F Executive Director Resume CDBG grant project as well as the resumes of the Chief Program Organizational Chart Administrator and Chief Fiscal Officer.Please also attach an organizational chart. download template A letter or resolution from your Board of Directors authorizing the F Board Resolution submission of the proposed project.Documentation must be submitted providing the name,title,address and telephone number of each individual authorized to negotiate CDBG contracts. Form used to document income of participants to establish CDBG F Income Certification Form eligibility if Limited Clientele.If your form does not have HUD's CDBG Income Qualification Guidelines,you will need to use the City's form (download and then upload with agency info). download template State of Illinois LLC/CORP Certificate of Good Standing.If you need to F Certificate of Good Standing authenticate your Certificate,please visit: www.cyberd riveillinois.com/departments/business_services/corp.htm I 2015 CDBG Project Milestone Timeline F Milestone Timeline download template Project type verification.There are two types:Public Services or F Proiect Type Verification Public Facilities.You must download and complete the template form. Also,if you are applying for a public facilities project,a contractor estimate is required with your submittal. download template Signature Authorization Form and Conflict of Interest F Signature Authorization download template Statement of Applicant Conflict of Interest Funding commitment letters from outside sources(if applicable.) If your agency has received over$500,000 in grant funding,you must upload your most recent Single Audit statement.This is a separate audit from the city's requested audited financial statement(also required). ZoomGrants is not responsible for the content of uploaded documents. Application ID:34955 Become a fan of ZoomGrants'.on Facebook Problems?Contact us at Questions(&ZoomGrants.com ©2002-2016 GrantAnalyst.com.All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com.LLC. Lo out I Browser 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 I; (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 11of16 (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 II 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 for Page 13 of 16 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: P.A. S of Elgin, Inc. 30 Berk y Street, ' : ,Illinois, 60123 • BY NI./ Dennis Hewitt Executive Di ector DATE: / f ATTEST: r Page 16 of 16 AGREEMENT BETWEEN THE CITY OF ELGIN AND HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY This AGREEMENT is entered into as of the _vL - day of J ,201(9 by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter call d "GRANTEE" or "CITY")and HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY,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 56 South Grove Avenue, Elgin, Illinois 60120. 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) 2015, said award being identified as Community Development Block Grants/Entitlement Grants CFDA#14.218.The name of the award is Community Development Block Grant Program, Award Number: B-15-MC-17-0011, awarded for Program Year 2015. This award is not entitled to be used towards Research and Development (R&D). The name of the Federal agency providing these grants is the United States Department of Housing and Urban Development. 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 PROJECT A. SUB-RECIPIENT hereby agrees to perform,in a timely fashion,the activities provided for herein, and those previously defined in the application and project description submitted December 2014, submitted by SUB-RECIPIENT entitled "Roof 56 S. Grove", a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). SUB-RECIPIENT was awarded a grant for Fiscal Year(FY) 2015. B. All funding provided to SUB-RECIPIENT shall be used solely to replace the roof,at SUB- RECIPIENT's facility located at 56 South Grove Avenue in Elgin; Illinois. About 89 low and moderate-income Elgin area residents benefited from SUB-RECIPIENT's program in its 2014 fiscal year. The subject facilities will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i)(A). Such funding shall be used only for 1 the above activities and other costs associated with these activities that are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. C. Bid Requirements SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. 2. SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's Community Development Department for staffs approval prior to advertising in a local newspaper and the Dodge Construction News. 3. SUB-RECIPIENT shall include in the invitation forbids,the statement"Minorities and women contractors are encouraged to submit bids." SUB-RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity (MBE/WBE) firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected,if there are sound documented reasons. D. Davis Bacon Act SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations, Part 5: 1. After the start of the described work, SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: 2 "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." E. Quarterly Progress Reports and Disclosure of Client Data 1. 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. 2. Quarterly progress reports shall be due on the 10`h 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) 3. 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). 4. 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. 5. 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. F. Request for Payment 1. SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction,with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to CITY shall be accompanied by said payment estimate form signed by SUB-RECIPIENT's authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization 3 shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. 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. H. SUB-RECIPIENT shall record and report monthly to CITY all program income(as defined in 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to CITY. Written request for an exception to this section must be made in writing to CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities SUB-RECIPIENT will undertake with the funds, and how SUB-RECIPIENT will report income and expenditures to CITY. A written response to the request will be provided to SUB-RECIPIENT from CITY. The use of any program income by SUB-RECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S.Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to CITY. III. 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$25,000 (hereinafter"Grant Funds"), to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers: Project No. 154361 and Account No. 230-0000-791.93-36 in the amount of $25,000, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at SUB-RECIPIENT's facilities located at 56 South Grove Avenue,Elgin, due to actions by SUB-RECIPIENT, SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting CITY from asserting any claims against SUB- RECIPIENT, for the breach of any other terms of this Agreement. 4 D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award, SUB- RECIPIENT shall repay to CITY all funds used for ineligible activities. E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse CITY for funds expended, in whole or in part, for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by SUB-RECIPIENT and CITY. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT's 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 certification 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 in- cluding, 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 agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. 5 F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. 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,referred to 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 States, Local Governments, and Non-Profit Organizations." 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 SUB-RECIPIENT relating to its performance under this 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. Without limiting the foregoing, SUB-RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. 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 SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement,SUB-RECIPIENT disposes of any property under SUB-RECIPIENT's control that was acquired and/or improved in whole or in part with CDBG funds, 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. 6 V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. 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. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, CITY shall make disbursements to 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 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, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 7 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to 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 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 CITY later than twenty-one(21)days after SUB- REC I P IEN T's receipt of such documents. 6. SUB-RECIPIENT shall cooperate with CITY to facilitate the maintenance of financial records by CITY as required by Title 24 CFR 85. 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 Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. 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,A-122,and A-133, 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 no later than the 10th day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit"B"attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility 8 SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with CITY. IX. 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 this 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 or in breach of this Agreement relative 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 herein above in paragraph A and B of this Section IX, it shall notify 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 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 SUB-RECIPIENT of its liability to CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. 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 or 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 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 9 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, by 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 paragraph A or B of this Section X, 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 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 Funds previously disbursed or allegedly due to SUB-RECIPIENT. XI. 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 CITY's discretion. Actions Date 1. Prepare Bid Specification March 1, 2016 2. Bids Solicited April 1, 2016 3. Select Contractor June 1,2016 4. Construction Begins July 1, 2016 5. Construction Completed October 1, 2016 10 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve(12)months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures,then in that case,the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by CITY, such that it cannot complete the PROJECT within eighteen(18)months of the date of this Agreement,it shall immediately give written notice to CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify SUB-RECIPIENT whether the time extension is granted or denied, and CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB- RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. 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 Sections V and 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. 11 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. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: JL2✓/ V i ✓f Se! R. Stegall City nnManager DATE: i �1 Vs • ATTEST:\: Cl:3#c/` r Kimberly Dewis Y City Clerk SUB-RECIPIENT: Habitat for Humanity of Northern Fox Valley 56 South Grove Avenue, Elgin, Illinois 60120 BY: ,L (1)(AA - Beckman Executive Director DATE: l I ATTEST: 13 Iii' Email This Preview Save as PDF Print Close Window A•• ELGIN THE CITY IN THE SUBURBS' Powered by ZoomGrantsTM City of Elgin Community Development Department CITY OF ELGIN 2015 CDBG APPLICATION 12/17/2014 deadline Habitat for Humanity of Northern Fox Valley Roof 56 S. Grove $30,000 Requested Habitat for Humanity of Northern Fox Valley — --- Submitted:12/16/2014 8:36:39 AM(Pacific) -- -- Telephone847 836 1432 56 S.Grove Fax Project Contact Elgin,IL 60120 Web www.habitatnfv.org William Klaves bill.klaves a(�habitatnfv.orq Executive Director Tel:847 836 1432 Barbara Beckman barb.beckmanhabitatnfv.orq Additional Contacts barb.beckman@habitatnfv.org, travis.juacek @habitatnfv.org 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.factfinder2.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:http://factfinder2.census.gov/faces/na) 8546!Census Tract 1 2032;Block Group 1 NA;Census Tract 2 NAI Block Group 2 NA Census Tract 3 NA'Block Group 3 NA Other-(E.g.Citywide Elgin) 10,578.00 TOTAL 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. I- Acquisition of Real Property I- Disposition of Real Property r Capital/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.) I- Privately-Owned Utilities I- Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) I- Relocation Payments and Assistance to Displaced Persons r Removal of Architectural Barriers,Handicapped Accessibility I- Housing Rehabilitation I- Commercial or Industrial Rehabilitation,including facade improvements and correction of code violations. I- Special Economic Development or assistance to micro-enterprises. F Other: Capital Improvement,Not for Profit Building 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.cityofelgin.org/2014CDBG. F Benefits Low/Moderate-Income Residents r Prevents or Eliminates Slum/Blight Conditions I- Qualifies as a certified urgent need 4.Check all statements that describe HOW this project or activity meets one of the National Objectives below: I- UM Area Benefit:the project meets the identified needs of UM income persons residing in an area where 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,water/sewer lines,neighborhood facilities,facade improvements in neighborhood commercial districts. r UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom 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 wheels for elderly, construction of job training facilities for the handicapped. F UM Housing:the project adds or improves permanent residential structures that will be occupied by UM income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family 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. I- UM Jobs:the project creates or retains permanent jobs,at least 51%of which 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 which has publicly announced its intention to close w/resultant loss of jobs,a majority of which are held by UM persons. r MicroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A microenterprise is defined as having five or fewer employees,one or more of whom owns the business.)This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. I- Slum or Blighted Area:the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. I- Spot Blight:the project will 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? F Limited Clientele I- 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. 40/yea rl What is the total estimated number of persons to be served by this project? 40/year What is the total estimated number of LMI persons to be served by this project'? 1001 What is the anticipated percentage of LMI persons to be served by this project? LMI Family,Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) 100.00 TOTAL 7.Provide a one-sentence summary of your organization's mission and work. HFHNFV builds or rehabs houses with volunteer labor,focusing currently on foreclosed and abandonded properties,and sells the homes LMI families at cost with a no-interest mortgage. 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. Habitat for Humanity(HFH)of Northern Fox Valley is an affiliate of Habitat for Humanity International. HFH uses volunteer labor and tax-deductible donations of money and materials to build affordable houses in partnership with homeowner families. Families apply and are qualified based on need,their willingness to become partners in the program and their ability to repay a no-interest mortgage for their home.Habitat pools mortgage payments to build additional houses.This is not a giveaway program;in addition to a down payment and monthly mortgage payments,homeowners invest hundreds of hours of their own"sweat equity"into building their homes. HFH International carries out its mission at the community level through authorized groups called affiliates.HFH of Northern Fox Valley,founded in 1990,localizes the mission of eliminating substandard housing within its own geographical boundaries,northwest of Chicago,by building or rehabilitating affordable single-family homes for families earning 30%-50%of the area median income of$69,600.Along with the building of homes and the placement of families,HFH of Northern Fox Valley's goal is responsible long-term homeownership;HFH of Northern Fox Valley advises partner families on basic budgeting,the true costs of homeownership,saving for their down payment,keeping good credit and planning for future repairs. Studies have shown that home ownership increases graduation rates,reduces teenage pregnancies,increases neighborhood involvement and improves property maintenance. To date,HFHNFV has built or rehabbed 41 homes in Elgin(89 in our geography)for low to moderate income families.Recently HFHNFV has added the A Brush with Kindness program to revitalize existing homes where the family is unable,financially and physically to maintain their own home.We have worked on 5 single family homes and 20 mobile homes to date in 2014. In our third decade,HFHNFV has set a goal of building or rehabbing 120 homes,with a significant number in Elgin.HFHNFV is working with the Elgin's Mayor and Community Development Department to work in areas targeted by the city for revitalization.Today,HFHNFV has 4 properties being rehabbed. The building to be roofed,houses our planning&management staff,our construction staff and the warehousing of our construction materials. In addition to specific program related activities,this office us used as a training facility for our homeowner(partner families)for the purposes of teaching financial management and home maintenance. We also allow other Elgin organizations to use the facility for local events,most recently we were the staging area for Nightmare on Chicago Street. 9.Where(address/location)will your program take place? The office to be repaired is at 56 S.Grove,Our current housing work in Elgin is to rehab homes at 484 Division,116 N.Channing,313 Gertrude,and 637 Grace in Elgin 10.Is the facility and program in compliance with the Americans with Disabilities Act? F Yes I- 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. NA per 10 being yes. 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. The building at 56 S.Grove is over 100 years of age.The flat roof periodically leaks.We make repairs and after some time,the leaks reappear. Computers,copy machines etc.need to be protected during storms.We have been applying temporary repairs,but the issue continues to reappear and worsen.The current roof needs to be removed and replaced. 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. I- Public Safety F Neighborhoods I- Financial Stewardship F Economic Development F Downtown I- Education&Workforce Development I- Diverse Workforce (— Image&Engagement 14.List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example:2014:HVAC Replacement,$50,000 None from the city of Elgin 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? I- Yes F 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. The purpose of the grant is to repair the roof at 56 S.Grove.This will eliminate the issues of coping with water leaks,and of course prevent damage to our office equipment. 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. Replace the existing the roof at 56 S.Grove. 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. Our goal for 2015 is to provide affordable housing for 10 LMI families in Northern Kane county.In Elgin specifically,we will complete homes on Gertrude,Grace,Channing and Division,have property on Elma and Parkway,have purchased and will begin rehabbing a home on Ann.We continue to look for other Elgin properties working a realtor,the City and local banks.Again our focus for 2015 will remain foreclosed and abandonded homes. We completely"gut"the homes,rebuild to local codes and sell the affordable and energy efficient homes to LMI families at cost.We finance the purchase with affordable no-interest mortgages. 19.Please indicate whether you are the designated CDBG project manager. • If"Other",please provide the name of the designated staff member and title. F Yes r 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". 0 in from Elgin 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate income data reporting? F Yes 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. r The project site is a local(landmark and/or located within an historic district),state or National Register property. fl The project site is located within a flood zone of floodplain. r The project site will involve demolition of an existing structure. 1 The project will result in an expansion of the facility. F 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? r Yes r 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 yea If project cannot move forward with reduced funding,please indicate that the"Project will not be completed without full CDBG funding request." If this grant is not issued,the roof will continue to be patched as leaks appear until funds are available. 25.Does your agency receive CDBG funding from any other entities(i.e.,Kane County,Naperville,Aurora,etc.)? F Yes No 26.If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele.If your project would only involve CDBG funding from the City of Elgin,please type,"NA." ,We track our partner families both by current addresses prior to selling the home and of course as the mortage company,by the address of the Habitat home. 27.Does your agency own or rent the facility(s)where your proposed project will take place. F Own E Rent r Not Applicable 28.Is your organization financially stable? F Yes r No 29.Please provide details pertaining to your proposed project's maintenance plan,including anticipated cost estimates. Once the new roof is in place,no maintenance should be required for at least 15 years. 30.If applying for a capital/public facilities project(building and/or grounds improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not,please type,"NA." NA Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds Contractual Services(Please specify) $30,000.00 $8,000.00 $8,000.00 $38,000.00 Rent: Other Specify: Total CDBG Request $30,000.00 $30,000.00 Total Other Funds $8,000.00 $8,000.00 Grand Total $30,000.00 $8,000.00 $38,000.00 Total $90,000.00 $24,000.00 $8,000.00 $114,000.00 Capital Projects Only CDBG Funds Other Non-federal funds Other federal funds Total Land Existing structures Other Acquisition Costs Demolition/Clearance New construction Rehabilitation $30,000.00 $8,000.00 $38,000.00 Performance bond premium Construction contingency Architect Fees Engineering fees Other Architect/Engineering fees Appraisal fees Survey Soil boring/environmental/LBP evaluation Tap fees and impact fees Permitting fees Legal fees Developer fees Project reserves Grand Total Total $30,000.00 $8,000.00 $0.00 $38,000.00 Budget Narrative For this project,we are requesting$30,000 in CDBG funds and will use$8,000 form our ReStore contribution for 2015.The project will be bid out to local roofing contractors.We had previously bid the project non-Davis Bacon,and the bid supplied with this application references that amount.The amount requested reflects the additional estimated costs of meeting the Davis Bacon requirements. Documents Documents Requested* Required?Attached Documents* Audited financial statement for the most recent completed fiscal year: F Audit 2013 Copy of OMB A-133 Audit(Required if$300k in aggregate Federal 990 funds expended)OR CPA audited Financial statement(only if not qualified for A-133)OR Profit&Loss Statement Current Fiscal Year Agency Budget,including all funding sources. F FY 2015 Budget Board of Directors,including professional affiliations and home F Board and Staff List addresses. Most recent annual report or a summary of the organization's prior F Accomplishments 2014 year's activities and accomplishments. Federal 501(c)(3)letter of determination verifying tax-exempt status. F 501 C3 Non-discrimination&equal employment opportunity policies,and F Non-Discrimination Policy Affirmative Action Plan. Articles of incorporation/bylaws. F Articles of Incorp Brief job descriptions of staff member(s)who would manage the F Juracek,Construction CDBG grant project as well as the resumes of the Chief Program Beckman,Exec Dir Administrator and Chief Fiscal Officer.Please also attach an organizational chart. Klaves Assoc.Dir download template Financial Secretary A letter or resolution from your Board of Directors authorizing the F Board Resolution submission of the proposed project.Documentation must be submitted providing the name,title,address and telephone number of each individual authorized to negotiate CDBG contracts. Form used to document income of participants to establish CDBG F Income Verification eligibility if Limited Clientele.If your form does not have HUD's CDBG Income Qualification Guidelines,you will need to use the City's form (download and then upload with agency info). download template State of Illinois LLC/CORP Certificate of Good Standing.If you need to F Good Standing 2014 authenticate your Certificate,please visit: www.cyberdriveitlinois.com/departments/business_services/corp.html 2015 CDBG Project Milestone Timeline F Time Line download template Roofing Bid Needs to be updated for Davis Bacon Project type verification.There are two types:Public Services or F Type and Bid(Cost updated for Davis Bacon not in this bid) Public Facilities.You must download and complete the template form. Also,if you are applying for a public facilities project,a contractor estimate is required with your submittal. download template Signature Authorization Form and Conflict of Interest F Signature Authorization Conflict of Interest download template Funding commitment letters from outside sources(if applicable.) If your agency has received over$500,000 in grant funding,you must r upload your most recent Single Audit statement.This is a separate audit from the city's requested audited financial statement(also required). *ZoomGrants° is not responsible for the content of uploaded documents. Application ID:35023 Become a fan of ZoomGrants'"on Facebook Problems?Contact us at Questions(a�ZoomGranis.corn ©2002-2016 GrantAnalyst.com.All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.corn,LLC. Logoul I Browser EXHIBIT B ASSURANCES SUB-RECIPIENT hereby warrants and represents 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 the City of Elgin policies. Also, SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to 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 SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to CITY, 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 I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE 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 1 1246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; 15 (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; (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 II 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 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 County, 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 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 16 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, 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). 17 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 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 sub-awards at all tiers(including subcontracts,sub-grants,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. 18 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 CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from CITY and HUD, 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. 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 CITY, HUD, 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 CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist CITY and HUD 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, CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking,CITY,or HUD 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 SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. 19 SUB-RECIPIENT: Habitat for Humanity of Northern Fox Valley 56 South Grove Avenue, Elgin, Illinois 60120 BY: 3W` (O \,Barbara Beckma , Executive Director DATE: , 1 )11 313'1 Ci _.\ ..,<IATTEST: ,;() 41 .c...2 ,_.) 20 } AGREEMENT BETWEEN THE CITY OF ELGIN AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS This AGREEMENT is entered into as of the day of,)~�VkIDS- \ , 2014,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter call d "GRANTEE" or "CITY") and THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN ILLINOIS, 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 220 East Chicago Street, Elgin, Illinois 60120. 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) 2015, said award being identified as Community Development Block Grants/Entitlement Grants CFDA#14.218.The name of the award is Community Development Block Grant Program, Award Number: B-15-MC-17-0011, awarded for Program Year 2015. This award is not entitled to be used towards Research and Development (R&D). The name of the Federal agency providing these grants is the United States Department of Housing and Urban Development. 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 PROJECT A. SUB-RECIPIENT hereby agrees to perform,in a timely fashion,the activities provided for herein, and those previously defined in the application and project description submitted December 2014, submitted by SUB-RECIPIENT entitled"Building Space Diversification Project II" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference(hereinafter referred to as the"PROJECT"). SUB-RECIPIENT was awarded a grant for Fiscal Year(FY) 2015. B. All funding provided to SUB-RECIPIENT shall be used solely to rehabilitate building space on the lower level to accommodate program expansion and community services and to enhance the space for revenue-generating potential, at SUB-RECIPIENT's facility located at 220 East Chicago Street in Elgin. About 2,000 low and moderate-income Elgin 1 residents will benefit from SUB-RECIPIENT's program in its 2014 fiscal year. The subject facilities will serve 90 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for the above activities and other costs associated with these activities that are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. C. Bid Requirements SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. 2. SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's Community Development Department for staff's approval prior to advertising in a local newspaper and the Dodge Construction News. 3. SUB-RECIPIENT shall include in the invitation for bids,the statement"Minorities and women contractors are encouraged to submit bids." SUB-RECIPIENT shall purchase a I" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity (MBE/WBE) firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected,if there are sound documented reasons. D. Davis Bacon Act SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations, Part 5: 1. After the start of the described work, SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 2 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." E. Quarterly Progress Reports and Disclosure of Client Data 1. 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. 2. Quarterly progress reports shall be due on the 10th 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) 3. 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). 4. 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. 5. 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. F. Request for Payment 1. SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction,with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to CITY shall be accompanied by said payment estimate form signed by SUB-RECIPIENT's authorized representative and showing the work 3 completed. Changes to items on the pay estimate form must be authorized, in writing, by SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. 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. H. SUB-RECIPIENT shall record and report monthly to CITY all program income(as defined in 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to CITY. Written request for an exception to this section must be made in writing to CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities SUB-RECIPIENT will undertake with the funds, and how SUB-RECIPIENT will report income and expenditures to CITY. A written response to the request will be provided to SUB-RECIPIENT from CITY. The use of any program income by SUB-RECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S.Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to CITY. III. 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$75,000 (hereinafter"Grant Funds"), to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers: Project No. 154360 and Account No. 230-0000-791.93-36 in the amount of $75,000, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at SUB-RECIPIENT's facility located at 220 East Chicago Street, Elgin, due to actions by SUB-RECIPIENT, SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This 4 provision shall not be construed as limiting CITY from asserting any claims against SUB- RECIPIENT, for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award,SUB- RECIPIENT shall repay to CITY all funds used for ineligible activities. E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse CITY for funds expended, in whole or in part, for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement,executed by SUB-RECIPIENT and CITY. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT's 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 certification 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: I. 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 in- cluding, 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 5 assure compliance with the provisions of this Agreement. SUB-RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. 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,referred to 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 States, Local Governments, and Non-Profit Organizations." 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 SUB-RECIPIENT relating to its performance under this 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. Without limiting the foregoing, SUB-RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. 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 SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement,SUB-RECIPIENT disposes of any property under SUB-RECIPIENT's control that was acquired and/or improved in whole or in part with CDBG funds, then SUB-RECIPIENT will reimburse CITY in the amount of the current fair market value of the property less any portion of the 6 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. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. 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. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, CITY shall make disbursements to 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 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 7 b. For final payment, certification 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 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 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 CITY later than twenty-one(21)days after SUB- RECIPIENT's receipt of such documents. 6. SUB-RECIPIENT shall cooperate with CITY to facilitate the maintenance of financial records by CITY as required by Title 24 CFR 85. 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 Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. 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,A-122,and A-133, 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 no later than the 10th day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit"B"attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. 8 D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with CITY. IX. 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 this 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 or in breach of this Agreement relative 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 herein above in paragraph A and B of this Section IX, it shall notify 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 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 SUB-RECIPIENT of its liability to CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. 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 or 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 CITY, its officers, 9 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, by 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 paragraph A or B of this Section X, 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 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 Funds previously disbursed or allegedly due to SUB-RECIPIENT. XI. 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 CITY's discretion. Actions Date 1. Prepare Bid Specification March 1, 2016 2. Bids Solicited April 1, 2016 3. Select Contractor June 1, 2016 4. Construction Begins July 1, 2016 5. Construction Completed October 1, 2016 10 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve(12)months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures,then in that case,the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by CITY, such that it cannot complete the PROJECT within eighteen(18)months of the date of this Agreement,it shall immediately give written notice to CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify SUB-RECIPIENT whether the time extension is granted or denied, and CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB- RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. 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 Sections V and 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. 11 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. 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois n' 'pal Corporation / BY: /70i St)/ S n R. Stegall City Manager ( ( DATE: I l t ATTEST: gt,a, AC-1/66( Kimberly A. Dewis City Clerk SUB-RECIPIENT: The Young Women's Christian Association, Elgin Illinois 220 East Chicago Street, Elgin, Illinois 60120 BY: Ob- , a- WIC alA a�- ulia A. McClendon -f Executive Officer DATE: `l'`J l V(p ATTEST: 13 Email This Preview Save as PDF Print Close Window A•• ELGIN THE CITY IN THE SUBURBS' Powered by ZoomGrantsTM City of Elgin Community Development Department CITY OF ELGIN 2015 CDBG APPLICATION 12/17/2014 deadline Young Women's Christian Association,Elgin,Illinois Space Diversity Project II $75,000 Requested Young Women's Christian Association,Elgin,Illinois — Submitted:12/17/2014 12:13:47 PM(Pacific) — — --- Telephone847.742.7930 220 East Chicago Street Fax 847.742.8217 Project Contact Elgin,IL 60120 Web www.ywcaelgin.org Julia McClendon United States Jmcclendon @ywcaelgin.org Tel:8477427930 Chief Excutive Officer Julia McClendon Additional Contacts jmcclendon(a�vwcaelciin.orq Felicia King,fking @ywcaelgin.org 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.factfinder2.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:http://factfinder2.census.gov/facesina) 85121 Census Tract 1 11 Block Group 1 Census Tract 2 Block Group 2 I Census Tract 3 Block Group 3 Other-(E.g.Citywide Elgin) 8,51.3.00 TOTAL 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. I- Acquisition of Real Property I- Disposition of Real Property F Capital/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.) I- Privately-Owned Utilities Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) I- Relocation Payments and Assistance to Displaced Persons I- Removal of Architectural Barriers,Handicapped Accessibility I- Housing Rehabilitation I- Commercial or Industrial Rehabilitation,including facade improvements and correction of code violations. I Special Economic Development or assistance to micro-enterprises. I- 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.cityofelgin.org/2014CDBG F Benefits Low/Moderate-Income Residents I- Prevents or Eliminates Slum/Blight Conditions r Qualifies as a certified urgent need 4.Check all statements that describe HOW this project or activity meets one of the National Objectives below: F UM Area Benefit:the project meets the identified needs of UM income persons residing in an area where 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,water/sewer lines,neighborhood facilities,facade improvements in neighborhood commercial districts. I- UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom 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 wheels for elderly, construction of job training facilities for the handicapped. I- UM Housing:the project adds or improves permanent residential structures that will be occupied by UM income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family 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. r UM Jobs:the project creates or retains permanent jobs,at least 51%of which 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 which has publicly announced its intention to close w/resultant loss of jobs,a majority of which are held by UM persons. r MicroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A microenterprise is defined as having five or fewer employees,one or more of whom owns the business.)This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. I- Slum or Blighted Area:the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. I- Spot Blight:the project will 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? F Limited Clientele I- 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. 2200 What is the total estimated number of persons to be served by this project? 2000'What is the total estimated number of LMI persons to be served by this project? 90 What is the anticipated percentage of LMI persons to be served by this project? families.Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) 4,290.00 TOTAL 7.Provide a one-sentence summary of your organization's mission and work. The YWCA Elgin is dedicated to eliminating racism,empowering women and promoting peace,justice,freedom,and dignity for all. 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. Throughout our history,education has been a cornerstone in our foundation.Activities have included teaching English,Family Literacy,focusing on employment opportunities for women,and helping our youth to build their own strong educational foundation in programs such as School Age Child Care(SACC)and Teen REACH. We serve low-income,at-risk youth and families from diverse backgrounds.Many of the families wrestle with the challenges endemic to impoverished settings,with cascading effects of poor school performances,exposure to gang influences,problems with substance abuse and other issues.In 2014 there were 515 adults enrolled in English as a Second Language(ESL)classes meeting 4 days per week,and 65 families,and children enrolled in a Family Literacy program with an ESL preschool and nursery meeting 5 days per week.The School Age Child Care(SACC)program serves 79 children in grades K-6,providing a daily support system.We transport children afterschool to the YWCA Elgin and are open for working parents on non-school days.Teen REACH is designed to help teens,ages 11 through 17,realize their individual potential(35 teens attend daily M-F and volunteer in the Elgin community).Both programs provide positive role models that engage children in enrichment activities,provide homework assistance,and supervised recreational activities.South East Asian Youth(SEAY):Elgin has the largest Lao population in the Midwest and 50%are under the age of 18.We work with families to weave the old Lao traditions and new traditions in the United States.The SEAY program focuses is to empower youth to achieve both academically and socially.There are 80 families enrolled in the program attending during active periods such as a Lao Traditional Dance practice/recital or a Youth Camp during the summer. Additional the YWCA Elgin sponsor soccer groups and provide space for practice during the winter months.Most groups are from immigrant families. Other community activities include spearheading Women's Leadership Programs such as:The Women's Entrepreneurial Conference(120 attendees); Cinderella's Closet,which offers,free of charge prom dresses and all the accessories to the neediest girls(300 per year are served during March); How to Run for Office-A Women's Focus is a one day workshop for those considering entering local politics.This workshop is help on a Saturday in October of the odd year elections(10 to 15 attendees);Organizing the Women in History Brunch(120 women attend the brunch),and honoring women leaders in the community at our annual Leader Luncheon. 9.Where(address/location)will your program take place? YWCA Elgin 220 East Chicago Street Elgin,IL 60120 10.Is the facility and program in compliance with the Americans with Disabilities Act? F Yes E 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. N/A 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. The building has some overall functional deficiencies.It has some misallocation of spaces,lack of insulation,poor thermal comfort,awkward security, compromised privacy and acoustics and high operating costs.During an economic downturn we cannot secure enough to remodel the entire building. However we have to prioritize areas that if changed,could increase our services for middle to lower income families by increasing activity space for a number of programs.Currently,we have a waiting list for all programs.We are now in the process of completing phase 1 and 2 of the Space Diversity Project and are requesting$75,000 to rehab the remaining 40%of the space that is used for Teen REACH programming. We provide quality after-school programs that are safe,nurturing,enriching,and character-building opportunities for youth and a place downtown for teens to hang out after school.In today's world parents are in the labor force working two jobs and many youth are left unsupervised after school and during summer vacations.The highest crime rate during the week for youth is from 3:00-7:00 p.m. After-school programs may be the only opportunity for at-risk students to have quality academic support,recreation,or cultural enrichment activities. The YWCA Elgin Teen REACH program includes: •Academic Offerings-homework assistance,tutoring,hands-on learning,reading and writing enrichment; •Enrichment and accelerated learning—exposure to visual and performing arts,field trips,character education,critical thinking skills,foreign languages,and technology; •Supervised recreation-organized sports and sports education;and •Community service—connecting student with the community. The youth never complain about their programming space,even when the carpets where hideous and smelled like"feet"and they had to step over water that was leaking or the bathroom odors seep up the sewer pipe--they would still rather be together at Teen REACH then to have nowhere else to go.This setting appears to be bad,but unfortunately we know for many of the students it is better than their situation at home. Now it is time to rehab the lower area even though the teens find it acceptable and we pass health and safety regulations they deserve better.The YWCA Elgin is asking for$75,000 from the City of Elgin CDBG,$75,000 from Kane County CDBG,and$125,000 from Design Concepts to help with this transformation to rehab the remaining 40%of programming space on the lower level,new ceilings,lighting,painting,and flooring,updating electrical and mechanical systems as needed. 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. E Public Safety ✓ Neighborhoods I- Financial Stewardship I- Economic Development I- Downtown F Education&Workforce Development I- Diverse Workforce E Image&Engagement 14.List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example:2014:HVAC Replacement,$50,000 YWCA Elgin CDBG History 2014$150,000 Space Diversity Project 2012$85,000 School Age Child Care Expansion 2011 $55,400 Roof Repair&Architectural Services Project 2008$89,350 Boiler Replacement 2004$109,147 Building Renovation 2004$16,777 Designer for 220 E Chicago St Facility 2002$70,000 Locker Room Renovations 2001 $77,000 Fire Alarm System ADA Company 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? F Yes r 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. Complete phase 1 and 2 of the Building Space Diversity Project and to serve 180 more low-income residents. 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. To rehab building space to create additional space to serve 180 middle to low income families,and diversify revenue sources. 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. 1.To provide a safe,affordable,activities space for 180 low to middle income families. 2.To provide revenue generating space in order to support the operating cost of the facility. 19. Please indicate whether you are the designated CDBG project manager. If"Other",please provide the name of the designated staff member and title. r Yes F Other: Shales McNutt/Willam Wilson 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". 20 plus years 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate income data reporting? F Yes I- 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. r The project site is a local(landmark and/or located within an historic district),state or National Register property. I- The project site is located within a flood zone of floodplain. I- The project site will involve demolition of an existing structure. I- The project will result in an expansion of the facility. F 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? F Yes r 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 yea If project cannot move forward with reduced funding,please indicate that the"Project will not be completed without full CDBG funding request." If funded a reduced amount,we will continue to seek funding from foundations and/or reduce the scope of the project. 25.Does your agency receive CDBG funding from any other entities(i.e.,Kane County,Naperville,Aurora,etc.)? I- Yes F No 26.If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele.If your project would only involve CDBG funding from the City of Elgin,please type,"NA." N/A 27. Does your agency own or rent the facility(s)where your proposed project will take place. F Own I- Rent r Not Applicable 28.Is your organization financially stable? F Yes E No 29. Please provide details pertaining to your proposed project's maintenance plan,including anticipated cost estimates. In-house operating cost will be used to provide for continued maintenance. 30.If applying for a capital/public facilities project(building and/or grounds improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not,please type,"NA." We currently meet all safety or fire code standards,and will continue to operate within guidelines.As we rehab space that was grandfathered in for ADA,that space will be configured to meet standards. Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds Contractual Services(Please specify) Rent: Other Specify: Foundation Grant $159,414.00 $159,414.00 $0.00 $0.00 Total CDBG Request $75,000.00 $75,000.00 Total Other Funds $75,000.00 $75,000.00 Grand Total Total $150,000.00 $0.00 $159,414.00 $309,414.00 Capital Projects Only CDBG Funds Other Non-federal funds Other federal funds Total Land Existing structures Other Acquisition Costs Demolition/Clearance New construction Rehabilitation $0.00 $0.00 $0.00 $0.00 Performance bond premium $75,000.00 $128,891.00 $75,000.00 $278,891.00 Construction contingency $0.00 $0.00 $17,991.00 $30,523.00 Architect Fees $0.00 $0.00 $0.00 Engineering fees Other Architect/Engineering fees Appraisal fees Survey Soil boring/environmental/LBP evaluation Tap fees and impact fees Permitting fees $0.00 $0.00 $0.00 Legal fees Developer fees Project reserves $0.00 $0.00 Grand Total Total $75,000.00 $128,891.00 $92,991.00 $309,414.00 Budget Narrative The YWCA Elgin is applying for grants to match the City of Elgin CDBG funds.Without the funding from the City of Elgin we will need to revise our scope of the project. Documents Documents Requested* Required?Attached Documents Audited financial statement for the most recent completed fiscal year: F FY14 Audit YWCA Elgin Copy of OMB A-133 Audit(Required if$300k in aggregate Federal funds expended)OR CPA audited Financial statement(only if not qualified for A-133)OR Profit&Loss Statement Current Fiscal Year Agency Budget,including all funding sources. F Budget Current FY14 YWCA Elgin Board of Directors,including professional affiliations and home F YWCA Elgin Board of Directors addresses. Most recent annual report or a summary of the organization's prior F YWCA Elgin Annual Report year's activities and accomplishments. • Federal 501(c)(3)letter of determination verifying tax-exempt status. V IRS Letter YWCA Elgin Non-discrimination&equal employment opportunity policies,and F YWCA Elgin Non-discrimination Policy Affirmative Action Plan. Articles of incorporation/bylaws. F YWCA Elgin Articles of Incorporation Brief job descriptions of staff member(s)who would manage the F Job Descriptions CDBG grant project as well as the resumes of the Chief Program CFO Resume Administrator and Chief Fiscal Officer.Please also attach an organizational chart. CEO Resume download template A letter or resolution from your Board of Directors authorizing the F Letter of Resolution YWCA Elgin submission of the proposed project.Documentation must be submitted providing the name,title,address and telephone number of each individual authorized to negotiate CDBG contracts. Form used to document income of participants to establish CDBG F CDBG eligibility if Limited Clientele YWCA Elgin eligibility if Limited Clientele.If your form does not have HUD's CDBG Income Qualification Guidelines,you will need to use the City's form (download and then upload with agency info). download template State of Illinois LLC/CORP Certificate of Good Standing.If you need to F State of Illinois LLC/CORP Certificate of Good Standing authenticate your Certificate,please visit: www.cyberdrivei llinois.com/departments/business_services/corp.htm I 2015 CDBG Project Milestone Timeline F 2015 CDBG Proiect Milestone download template Project type verification.There are two types:Public Services or F Proiect type verification YWCA Elgin Public Facilities.You must download and complete the template form. Contractors Estimate YWCA Elgin Also,if you are applying for a public facilities project,a contractor estimate is required with your submittal. download template Signature Authorization Form and Conflict of Interest F Conflict of Interest YWCA Elgin download template Funding commitment letters from outside sources(if applicable.) f Grants Pending If your agency has received over$500,000 in grant funding,you must r YWCA Elgin Single Audit upload your most recent Single Audit statement.This is a separate audit from the city's requested audited financial statement(also required). Administrative Documents* YWCA Concept Space Plan received 11/20/2104 (exp. 12/17/2017) ZoomGrants TM is not responsible for the content of uploaded documents. Application ID:35875 Become a fan of ZoomGrants'r on Facebook Problems?Contact us at Questions(a)ZoomGrants.corn ©2002-2016 GrantAnalyst.com.All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com,LLC. L q I Browser EXHIBIT B ASSURANCES SUB-RECIPIENT hereby warrants and represents 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 the City of Elgin policies. Also, SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to 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 SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to CITY, 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 I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE 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; 15 (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; (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 II 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 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 County, 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 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 16 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, 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). 17 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 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 sub-awards at all tiers(including subcontracts,sub-grants,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. 18 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 CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from CITY and HUD, 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. 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 CITY, HUD, 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 CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist CITY and HUD 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, CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking,CITY,or HUD 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 SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. 19 SUB-RECIPIENT: The Young Women's Christian Association, Elgin, Illinois 220 East Chicago Street, Elgin, Illinois 60120 BY: ��ct " i-A,— lia A. McClendon C ief Executive Officer DATE: \ Gj ATTEST: 20 AGREEMENT BETWEEN THE CITY OF ELGIN AND COMMUNITY CRISIS CENTER INC. This AGREEMENT is entered into as of the �/t t day of Id 041) ,201i by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY") and the COMMUNITY CRISIS CENTER INC., 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 37 South Geneva Street,Elgin,Illinois 60120. 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) 2015, said award being identified as Community Development Block Grants/Entitlement Grants CFDA #14.218.The name of the award is Community Development Block Grant Program,Award Number: B-15-MC-17-0011, awarded for Program Year 2015. This award is not entitled to be used towards Research and Development (R&D). The name of the Federal agency providing these grants is the United States Department of Housing and Urban Development. 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 PROJECT A. SUB-RECIPIENT hereby agrees to perform,in a timely fashion,the activities provided for herein, and those previously defined in the application and project description submitted December 2014, submitted by SUB-RECIPIENT entitled "Foundation & HVAC Improvements"a copy of which is attached hereto as Exhibit"A"and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). SUB-RECIPIENT was awarded a grant for Fiscal Year(FY)2015. B. All funding provided to SUB-RECIPIENT shall be used solely to replace two of the remaining HVAC units that use refrigerant R-22 also known as Freon with safer,energy- efficient ones; and also to repair a portion of the existing building, at SUB-RECIPIENT's facility located at 37 South Geneva Street in Elgin. About 5,400 low and moderate-income Elgin residents will benefit from SUB-RECIPIENT's program in its 2014 fiscal year. The 1 subject facilities will serve 95 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2)(i)(A). Such funding shall be used only for the above activities and other costs associated with these activities that are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. C. Bid Requirements SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. 2. SUB RECIPIENT shall submit the Bid Specifications and plans to the City's Community Development Department for staff's approval prior to advertising in a local newspaper and the Dodge Construction News. 3. SUB-RECIPIENT shall include in the invitation for bids,the statement"Minorities and women contractors are encouraged to submit bids." SUB RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity (MBE/WBE)firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected,if there are sound documented reasons. D. Davis Bacon Act SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations,Part 5: 1. After the start of the described work, SUB RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: 2 "Funding for the Project has been provided,in part,by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." E. Quarterly Progress Reports and Disclosure of Client Data 1. 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. 2. Quarterly progress reports shall be due on the 10th 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) 3. 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). 4. 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. 5. 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. F. Request for Payment 1. SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction,with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent)shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to CITY shall be accompanied by said payment estimate form signed by SUB-RECIPIENT's authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization 3 shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. 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. H. SUB-RECIPIENT shall record and report monthly to CITY all program income(as defined in 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to CITY. Written request for an exception to this section must be made in writing to CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities SUB-RECIPIENT will undertake with the funds, and how SUB-RECIPIENT will report income and expenditures to CITY. A written response to the request will be provided to SUB-RECIPIENT from CITY. The use of any program income by SUB-RECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S.Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to CITY. III. 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$25,000(hereinafter"Grant Funds"),to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers:Project No. 154359 and Account No. 230-0000-791.93-36 in the amount of $25,000, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at SUB-RECIPIENT's facilities located at 37 South Geneva Street,Elgin, due to actions by SUB-RECIPIENT, SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6,7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting CITY from asserting any claims against SUB- RECIPIENT,for the breach of any other terms of this Agreement. 4 D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award,SUB- RECIPIENT shall repay to CITY all funds used for ineligible activities. E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse CITY for funds expended, in whole or in part,for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement,executed by SUB-RECIPIENT and CITY. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT's 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 certification 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 in- cluding, 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 agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. 5 F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. 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,referred to 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. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter"OMB") Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 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 SUB-RECIPIENT relating to its performance under this 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. Without limiting the foregoing, SUB-RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. 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 SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement,SUB-RECIPIENT disposes of any property under SUB-RECIPIENT' control that was acquired and/or improved in whole or in part with CDBG funds, 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. 6 V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. 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. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT,CITY shall make disbursements to 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 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, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 7 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to 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 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 CITY later than twenty-one(21)days after SUB- RECIPIENT's receipt of such documents. 6. SUB-RECIPIENT shall cooperate with CITY to facilitate the maintenance of financial records by CITY as required by Title 24 CFR 85. 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 Section IX and X herein,CITY shall pay all required payments against eligible project costs, as described in Section U.B, incurred by SUB-RECIPIENT under this Agreement. VIII. 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,A-122,and A-133, 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 no later than the 10th day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit"B"attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments,whichever is later. Relocation costs must be paid to any tenant(residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility 8 SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with CITY. IX. 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 this 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 or in breach of this Agreement relative 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 herein above in paragraph A and B of this Section IX, it shall notify 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 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 SUB RECIPIENT of its liability to CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. 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 or 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 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 9 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,by 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 paragraph A or B of this Section X, 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 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 Funds previously disbursed or allegedly due to SUB-RECIPIENT. XI. 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 CITY's discretion. Actions Date 1. Prepare Bid Specification March 1,2015 2. Bids Solicited April 1,2016 3. Select Contractor June 1,2016 4. Construction Begins July 1,2016 5, Construction Completed October 1,2016 10 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve(12)months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures,then in that case,the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by CITY, such that it cannot complete the PROJECT within eighteen(18)months of the date of this Agreement,it shall immediately give written notice to CITY of the anticipated delay,the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify SUB-RECIPIENT whether the time extension is granted or denied, and CITY's intention to exercise the remedies available herein,including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB- RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS -This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. 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 Sections V and 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. 11 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. 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN,an Illinois Municipal Corporation j xr9 / BY: ,/ r Sean R. Stegall / City Manager n DATE: I ` 1 I*j ATTEST: (A'L'� � ; Kimberly A.Dewis City Clerk SUB-RECIPIENT: Community Crisis Center,Inc. 37 Sout h Geneva Street,Elgin,Illinois 60120 BY: t :dJ J l V v`��'riA4 Gretchen S.Vapnar Executive Director DATE: /— /q— /o A'1"PEST: t �J�z�Q� 13 Email This Preview Save as PDF Print Close Window AA ELGIN THE CITY IN THE SUBURBS' Powered by ZoomGrantsTM City of Elgin Community Development Department CITY OF ELGIN 2015 CDBG APPLICATION 12/17/2014 deadline Community Crisis Center,Inc. Foundation & HVAC Improvements $66,024 Requested Community Crisis Center,Inc. Submitted:12/16/2014 11:55:31 AM(Pacific) 37 S.Geneva Street Telephone847-742-4088 P.O.Box 1390 Fax 847-742-4182 Project Contact Elgin,IL 60120 Web www.crisiscenter.org Lisa Winchel jwincheiCgperislscenter.orq Executive Director Tel:847-742-4088 x 130 Gretchen S.Vapnar avaonarOcrisiscenter.orq Additional Contacts gvapnar®crisiscenter.org 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.factflnder2.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:http✓/factflnder2.census.gov/facesina) 85461 Census Tract 1 NA1 Block Group 1 1 NA]Census Tract 2 1 _. 20141 Block Group 2 NA Census Tract 3 1 NA1 Block Group 3 NA]Other-(E.g.Citywide Elgin) r 10 560.001 TOTAL 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. r Acquisition of Real Property I- Disposition of Real Property F Capital/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.) ✓ Privately-Owned Utilities ✓ Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) ✓ Relocation Payments and Assistance to Displaced Persons ✓ Removal of Architectural Barriers,Handicapped Accessibility ✓ Housing Rehabilitation r Commercial or industrial Rehabilitation,including facade improvements and correction of code violations. ✓ Special Economic Development or assistance to micro-enterprises. ✓ 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 cfyyorelgin.org2of4cDaG F Benefits Low/Moderate-Income Residents r Prevents or Eliminates Slum/Blight Conditions I— Qualifies as a certified urgent need 4.Check all statements that describe HOW this project or activity meets one of the National Objectives below: F L/M Area Benefit the project meets the identified needs of UM income persons residing in an area where 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,water/sewer lines,neighborhood facilities,facade Improvements in neighborhood commercial districts. F UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom 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 wheels for elderly, construction of job training facilities for the handicapped. r L/M Housing:the project adds or improves permanent residential structures that will be occupied by UM Income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family 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. ✓ UM Jobs:the project creates or retains permanent jobs,at least 51%of which 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 which has publicly announced Its intention to dose w/resultant loss of jobs,a majority of which are held by UM persons. ✓ MicroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A mlcroenterprise Is defined as having five or fewer employees,one or more of whom owns the business.)This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. ✓ Slum or Blighted Area:the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. ✓ Spot Blight the project will 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? F Limited Clientele r 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. I __ 57001 What is the total estimated number of persons to be served by this project? L54001 What is the total estimated number of LMI persons to be served by this project? 95%1 What is the anticipated percentage of LMI persons to be served by this project? DV&LM11 Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) [ 11,100.00 TOTAL 7.Provide a one-sentence summary of your organization's mission and work. Community Crisis Center,Inc.provides Safety,Hope,Advocacy,Respite&Education for those impacted by crisis and violence In the Fox Valley Region and Illinois. 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. The Domestic Violence Program of the Community Crisis Center provides emergency shelter for women and children fleeing abusive situations,24- hour crisis line availability,counseling,court and hospital advocacy,and support groups for victims of domestic violence and their children(child witnesses).Within our Children's Program,we offer parenting education and services to child witnesses to domestic violence and also to children who are homeless.We were one of the first domestic violence agencies in Illinois to maintain a distinct Children's Program.We provide advocacy with the schools,individual counseling,children's group counseling for shelter clients,and a peaceful and caring environment in our children's playroom. The Sexual Assault Program provides emergency response to area hospitals by trained volunteers,a 24-hour crisis intervention hotline,counseling, support groups,and medical and legal advocacy.The Economic Crisis Program provides emergency assistance to those clients in the community who are facing a financial crisis and/or are homeless or at risk of homelessness without the needed resources of support,food or shelter.The EC Program offers emergency shelter for homeless women and children,financial assistance for those who meet eligibility requirements for rent and utilities assistance,in-person counseling to educate and assist clients in developing a service plan to abate financial crisis and homelessness,a transitional living program which provides longer-term support and advocacy and outreach to the homeless.The Abuse Intervention Program offers offsite group counseling for abusers.This program follows accepted state protocols and is part of court-ordered treatment for hundreds in our service area.The goal of the program Is to help the batterer accept responsibility for his/her actions and to make positive behavioral changes and stop the abuse.The Community Education Program consists of educators who work with area school districts,hospitals,police departments and other companies to teach students and employees about domestic violence,sexual assault and especially bullying.General speakers are available to speak to dubs,churches and businesses. Last year our 5,758 clients received an average of 7 hours each of service.The average shelter stay for an adult woman is 10 days;she can stay 4 -6 weeks.Services are available 24/7,7 days a week,365 days a year. 9.Where(address/location)will your program take place? 37 S.Geneva Street,Elgin,IL 60120 10.Is the facility and program in compliance with the Americans with Disabilities Act? F Yes r 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. NA 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. Community Crisis Center,Inc.is proposing 2 projects,the first being the replacement of the last 2 HVAC units that use refrigerant R-22 also known as Freon.The EPA is phasing out R-22 for safer,eco-friendly R410A refrigerant;units using R-22 will be prohibited as of 2020.The Crisis Center has a total of 17 HVAC units;8 of the units used R-22,6 of them have been replaced so that 15 of the units now use R410A.The R-22 units are between 12 and 13 years old and the cost of repairs has risen due to the high cost of replacing the R-22.We are requesting funds to replace the final 2 units that heat and cool the Economic Crisis Program that includes our main lobby and 1st floor SE quadrant that holds the IT Department and staff lounge.It is essential that all of the client and staff areas be properly cooled and heated.it is just as essential that the information Technology Department be adequately cooled and heated due to the sensitivity of the equipment in that department. The 2nd project is foundation repair to the lower level NW quadrant that has sustained water damage due its design.The foundation is made of limestone which draws moisture causing damage to the Interior metal stud work,drywall and carpeting.Please note our building was built in 1891,is listed as a building of significance and is located in a historic district in Elgin.This portion of the lower level stores nonperishable foods used to stock our emergency food pantry and food for the Shelter Program.it also stores clothing for children in the Shelter Program and winter wear that is given away to the general public.This project Is essential to prevent the development of mold. Repairs and improvements to our facility impact all who use the facility.Our grand building holds 69 staff members,shelters up to 40 people daily and provides services to 60 plus walk-in dents on an average day.It is our responsibility to provide an accessible,comfortable,safe and well maintained facility for clients,guests and employees.Last year 3,600 Economic Crisis Program clients requested services by walking In to our facility;295 women and 230 of their children spent 8,894 nights in our Shelter Program.95—99%of our clientele are low to moderate income. 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.aspx1nid=1726. ✓ Public Safety F Neighborhoods ✓ Financial Stewardship ✓ Economic Development ✓ Downtown ✓ 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:2014:HVAC Replacement,$50,000 CCC received CDBG prior to 1992 but they were for our 1st location on Margaret Place In Elgin.The following list pertains to our current address.1992 Interior improvements$20,000;1995 Shelter Kitchen&Lower Level Rehab$62,600;1996 Health Center$147,780;2001 Windows$30,739.92;2002 Windows$40,000;2004 Foundation Improvements$65,000;2005 Facility&Shelter Improvements$34,370;2006 Parking Lot$31,826;2009—2010 Lower Level improvements$29,620;CDBG-R 2009-2010 Tuckpointing$22,500;2010-1011 interior Improvements I$33,000;2011-2012 Interior Improvements H$60,203;2013-2014 Flooring$57,500;2014-2015 HVAC Units&Roof Repair$50,050. 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? F Yes ✓ 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. To provide more environmentally friendly and economical heat and AC source and a dry,mold free and safe work environment for 400 low/moderate income shelter residents,3,600 walk-in clients,65 employees and guests at Community Crisis Center,Inc. 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. To replace 2 HVAC units to comply with soon to be mandated use of refrigerant,R410A and repair a portion of the foundation of the agency that provides 24-hour services to 5,700 people in crisis each year,95I(of whom are low/moderate income. 18.Please provide your project's measurable objective(s). Example:To provide a safe,affordable,permanent supportive-housing-for TO low-income individuals with disabihiies who are working-towards greater independence and community inclusion. To provide a more comfortable,safe,energy efficient and economical living and work space for the residents,guests and employees who reside in, visit or work in the facility that serves 5,700 individuals each year as they work to overcome life crises and live a more self-sufficient,violence free life. 19.Please indicate whether you are the designated CDBG project manager. if"Other",please provide the name of the designated staff member and title. F Yes ✓ 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". 22 years of managing CDBG projects for Community Crisis Center,Inc. 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate Income data reporting? F Yes ✓ 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 wiN be responsible for all expenses related to Milling HUD's environmental clearance requirements. F The project site is a local(landmark and/or located within an historic district),state or National Register property. ✓ The project site is located within a flood zone of floodplain. ✓ The project site will involve demolition of an existing structure. ✓ The project will result in an expansion of the facility. ✓ 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? F Yes ✓ 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 yea If project cannot move forward with reduced funding,please indicate'that the"Project will not be completed without full CDBG funding request." Our proposed project Is flexible enough that should we be awarded partial funding we will revise the scope of work to do either the HVAC units or the foundation repair.We would also look for other funding sources that would cover a portion of this project. 25.Does your agency receive CDBG funding from any other entitles(i.e.,Kane County,Naperville,Aurora,etc.)? ✓ Yes F No 26.If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele.If your project would only Involve CDBG funding from the City of Elgin,please type,"NA." NA 27.Does your agency own or rent the facility(s)where your proposed project will take place. F Own r Rent r Not Applicable 28.Is your organization financially stable? F Yes ✓ No 29.Please provide details pertaining to your proposed project's maintenance plan,including anticipated cost estimates. Foundation repair:the foundation is monitored for tuckpointing and general upkeep as needed. HVAC upgrade:the new units will come with a warranty and our custodian provides basic maintenance of filter changes and minor cleaning.Service 2 times a year is provided by an HVAC company to prep the units for heating and cooling seasons. The Crisis Center budget includes basic maintenance and upkeep of the facility. 30.If applying for a capitallpublic facilities project(building and/or grounds Improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not,please type,"NA." NA Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds Contractual Services(Please specify) Rent: Other Specify: $0.00 $0.00 Total CDBG Request $66,024.00 Total Other Funds Grand To ial Total $66,024.00 $0.00 $0.00 $0.00 Capital Projects Only CDBG Funds Other Non-federal funds Other federal funds Total Land Existing structures Other Acquisition Costs DemolltioNCigarahce New construction Rehabilitation $54,60.0.00 Performance bond premium Constructien contingency $6,002.00 Architect Fees, , Engineering lees - Other ArchitectlEngineenng fees $4,322.00 Appraisal fees survey Soil boring/environmentat/LBP evaluation Tap fees and impact fees LL Permitting fees $1,100.00 Legal fees Developer fees Project reserves $0.00 Grand T otal Total $66,024.00 $0.00 $0.00 $0.00 Budget Narrative The budget total was arrived at in the following manner: Rehabilitation cost$54,600 which includes per estimates from architect and mechanical engineer$15,000 per HVAC unit times 2 units;$20,000 for foundation repair,$2,500 for floor repair in connection with foundation work and 4%of trade total($52,500)for escalation costs of$2,100. Construction contingency:$6,002,10%of project total Other NE Fees:$4,322 which includes the A/E fee of$3,822 that Is 7%of the trade and escalation estimate of$54,600 and$500 for required bid advertising Permitting fees:$1,100 If the lowest bid is more than the amount available we would revise the scope of work and rebid the project.Or we may write the bid to price out the HVAC units separately as alternates to allow us to do only as many units as the budget allows. Documents Documents Requested* Required?Attached Documents Audited financial statement for the most recent completed fiscal year: F Crisis Center FY 13 Audit Copy of OMB A-133 Audit(Required if$300k in aggregate Federal funds expended)OR CPA audited Financial statement(only if not qualified for A-133)OR Profit&Loss Statement Current Fiscal Year Agency Budget,including all funding sources. F Crisis Center FY 15 Ouerating Budget Board of Directors,including professional affiliations and home r Crisis Center FY 15 Board of Directors addresses. Most recent annual report or a summary of the organization's prior F Crisis Center FY 14 Activities&Accomplishments year's activities and accomplishments. Federal 501(c)(3)letter of determination verifying tax-exempt status. F Federal 501(c)(3)Lir of Tax Exempt Determination Non-discrimination&equal employment opportunity policies,and F Crisis Center Non-discrimination&EEO Policy Affirmative Action Plan. Articles of Incorporation/bylaws. F Crisis Center Bylaws 2QQ8 Brief job descriptions of staff member(s)who would manage the F Crisis Center Pro jec]Manacer CDBG grant project as well as the resumes of the Chief Program Crisis Center Exec Dir Resume Administrator and Chief Fiscal Officer.Please also attach an organizational chart. Crisis Center Bus Mar Resume download template Crisis Center Olaanizational Chart A letter or resolution from your Board of Directors authorizing the r Crisis Center 89D h r off solution submission of the proposed project.Documentation must be submitted providing the name,title,address and telephone number of each individual authorized to negotiate CDBG contracts. Form used to document income of participants to establish CDBG F arts's•Center Client Income Verification Forrq ellgfbifty If Limited Clientele.If your form does not have 11110's C06G Income Oualificatton Guidelines,you Wit nee' d to use the City's form (download find ten upload with agency info). ddvnload t@Piulate S t a t e'o f Illinois tiC/CORP Certificate of Good Standing.N you need to � .Mete of it Cart of Good Standiria 20]4 authenticate your Certificate,please visit: _ .- wwW.cyberdriveillinols:com/departrnents/business_services/corp.html' 2015 CDBG Project Milestone_Timeline r 3 itsis Center Protect Timeline download tempigte Project type`verification.There are two types:Public Services or t>r►la' Tyne VariReation PirWk FabN'itles.You must download and'complete the template form. Also,If you are applying for Public facilities Crtsls Center Gontraatprs 61121..9s Y PPhri 9 P project,a - �._s_ estimate is required with your submittal. download template Signature Authorization Form and Conflict of Interest , r CDBG Signature Auth&Conflict of Interest Form download template Funding commitment letters from outside sources(if applicable.) r If your agency has received over$500,000 in grant funding,you must • r upload your most recent Single Audit statement.This is a separate audit from the city's requested audited financial statement(also required). •ZoomGranisTM is not responsible for the content of uploaded documents. Application ID:35341 Become a ion of ZoomGrants"on Faceboak Problems?Contact us at OuesllonsCaZoomGranls.nom 02002-2016 GranlAnalyst.com,All rights reserved. 'ZoomGrents'end the ZoomGranla logo an trademarks of GrentAnelyst.com,LLC out i Browse( EXHIBIT B ASSURANCES SUB-RECIPIENT hereby warrants and represents 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 the City of Elgin policies. Also,SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to 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 SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to CITY,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 I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE 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; 15 (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; (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 II 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 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 County, 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 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 16 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, 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: (I) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENTs 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). 17 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 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 sub-awards at all tiers(including subcontracts,sub-grants,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. 18 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 CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from CITY and HUD, 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. 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 CITY,HUD, 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 CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist CITY and HUD 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,CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking,CITY,or HUD 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 SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. 19 SUB-RECIPIENT: Community Crisis Center,Inc. 37 South Geneva Street,Elgin,Illinois 60120 BY: Gretchen S.Vapnar Executive Director DATE: f ' `1'"I CQ AIIEST: r ,C/ Gv�ti�c 20 • AGREEMENT BETWEEN THE CITY OF ELGIN AND ASSOCIATION FOR INDIVIDUAL DEVELOPMENT �A9 day of 2016 by and This AGREEMENT is entered into as of the ,between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter cal "GRANTEE" or "CITY") and the ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, 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 1135 Bowes Road, Elgin, Illinois 60123. 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) 2015, said award being identified as Community Development Block Grants/Entitlement Grants CFDA#14.218.The name of the award is Community Development Block Grant Program, Award Number: B-15-MC-17-0011, awarded for Program Year 2015. This award is not entitled to be used towards Research and Development (R&D). The name of the Federal agency providing these grants is the United States Department of Housing and Urban Development. 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 PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion,the activities provided for herein, and those previously defined in the application and project description submitted December 2014, submitted by SUB-RECIPIENT entitled "AID Elgin Group Homes Accessibility Renovations", a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). SUB- RECIPIENT was awarded a grant for Fiscal Year(FY)2015. B. All funding provided to SUB-RECIPIENT shall be used solely to provide accessibility and energy efficiency upgrades at, at SUB-RECIPIENT's group homes located at 1482 Maple Lane and 974 Hillcrest Road in Elgin; Illinois. About 10 low and moderate-income Elgin residents will benefit from this project. The subject facilities will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such 1 funding shall be used only for the above activities and other costs associated with these activities that are consistent with the scope and intent of the PROJECT and are pre- approved by CITY staff. C. Bid Requirements SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. 2. SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's Community Development Department for staff's approval prior to advertising in a local newspaper and the Dodge Construction News. 3. SUB-RECIPIENT shall include in the invitation for bids,the statement"Minorities and women contractors are encouraged to submit bids." SUB-RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity (MBE/WBE)firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected,if there are sound documented reasons. D. Davis Bacon Act SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations, Part 5: 1. After the start of the described work, SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: 2 "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." E. Quarterly Progress Reports and Disclosure of Client Data 1. 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. 2. 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) 3. 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). 4. 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. 5. 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. F. Request for Payment 1. SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction,with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to CITY shall be accompanied by said payment estimate form signed by SUB-RECIPIENT's authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization 3 shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. 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. H. SUB-RECIPIENT shall record and report monthly to CITY all program income(as defined in 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to CITY. Written request for an exception to this section must be made in writing to CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities SUB-RECIPIENT will undertake with the funds, and how SUB-RECIPIENT will report income and expenditures to CITY. A written response to the request will be provided to SUB-RECIPIENT from CITY. The use of any program income by SUB-RECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S.Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to CITY. III. 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$25,000 (hereinafter"Grant Funds"), to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers: Project No. 154358 and Account No. 230-0000-791.93-36 in the amount of $25,000, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at SUB-RECIPIENT's facilities located at 1482 Maple Lane and 974 Hillcrest Road, Elgin, due to actions by SUB-RECIPIENT, SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting CITY from asserting any claims against SUB-RECIPIENT, for the breach of any other terms of this Agreement. 4 D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award,SUB- RECIPIENT shall repay to CITY all funds used for ineligible activities. E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse CITY for funds expended, in whole or in part, for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by SUB-RECIPIENT and CITY. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT's 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 certification 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 in- cluding, 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 agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. 5 F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. 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,referred to 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. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 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 SUB-RECIPIENT relating to its performance under this 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. Without limiting the foregoing, SUB-RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. 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 SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement, SUB-RECIPIENT disposes of any property under SUB-RECIPIENT's control that was acquired and/or improved in whole or in part with CDBG funds, 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. 6 V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. 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. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, CITY shall make disbursements to 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 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, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 7 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to 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 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 CITY later than twenty-one(21)days after SUB- RECIPIENT's receipt of such documents. 6. SUB-RECIPIENT shall cooperate with CITY to facilitate the maintenance of financial records by CITY as required by Title 24 CFR 85. 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 Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. 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,A-122,and A-133, 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 no later than the 10th day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit"B"attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility 8 SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with CITY. IX. 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 this 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 or in breach of this Agreement relative 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 herein above in paragraph A and B of this Section IX, it shall notify 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 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 SUB-RECIPIENT of its liability to CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. 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 or 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 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 9 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, by 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 paragraph A or B of this Section X, 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 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 Funds previously disbursed or allegedly due to SUB-RECIPIENT. XI. 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 CITY's discretion. Actions Date 1. Prepare Bid Specification March 1, 2016 2. Bids Solicited April 1, 2016 3. Select Contractor June 1,2016 4. Construction Begins July 1, 2016 5. Construction Completed October 1, 2016 10 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve(12)months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures,then in that case,the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by CITY, such that it cannot complete the PROJECT within eighteen(18)months of the date of this Agreement,it shall immediately give written notice to CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify SUB-RECIPIENT whether the time extension is granted or denied, and CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB- RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. 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 Sections V and 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. 11 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. 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: �/47A) Sean R. Stegall City Manager / DATE: i vo) ATTEST: `�� ` i Kimberly A. DE is City Clerk SUB-RECIPIENT: Association for Individual Development. 1135 Bowes Road, Elgin, Illinois 60123 BY: (11) L— Q > Lynn O'Shea President DATE: — < <° ATTEST: 13 • ► Email This Preview Save as PDF Print Close Window A•I� ELGIN THE CITY IN THE SUBURBS- Powered by ZoomGrantsTM City of Elgin Community Development Department CITY OF ELGIN 2015 CDBG APPLICATION 12/17/2014 deadline Association for Individual Development AID Elgin group homes accessibility renovations $44,523 Requested Association for Individual Development — — — --- Submitted:12/9/2014 1:19:31 PM(Pacific) Telephone630.966.4000 309 New Indian Trail Court Fax 630.844.2065 Project Contact Aurora,IL 60506 Web www.the-association.org Christie Plotzke cplotzke a(�the-association.orq President Tel:847.931.2292 Lynn O'Shea loshea(cilthe-association.orq Additional Contacts n/a 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.factfinder2.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:http://factfinder2.census.gov/faces/na) 8519.02:Census Tract 1 Block Group 1 Census Tract 2 Block Group 2 Census Tract 3 Block Group 3 Other-(E.g.Citywide Elgin) 8,519.02 TOTAL 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. I- Acquisition of Real Property I- Disposition of Real Property E Capital/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.) I- Privately-Owned Utilities I- Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) I- Relocation Payments and Assistance to Displaced Persons I- Removal of Architectural Barriers,Handicapped Accessibility F Housing Rehabilitation I- Commercial or Industrial Rehabilitation,including facade improvements and correction of code violations. I- Special Economic Development or assistance to micro-enterprises. (— 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.cityofelgin.org/2014CDBG F Benefits Low/Moderate-Income Residents ✓ Prevents or Eliminates Slum/Blight Conditions I- Qualifies as a certified urgent need 4.Check all statements that describe HOW this project or activity meets one of the National Objectives below: I- UM Area Benefit:the project meets the identified needs of UM income persons residing in an area where 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,water/sewer lines,neighborhood facilities,facade improvements in neighborhood commercial districts. F UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom 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 wheels for elderly, construction of job training facilities for the handicapped. I- UM Housing:the project adds or improves permanent residential structures that will be occupied by UM income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family 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. I- UM Jobs:the project creates or retains permanent jobs,at least 51%of which 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 which has publicly announced its intention to close w/resultant loss of jobs,a majority of which are held by UM persons. ✓ MicroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A microenterprise is defined as having five or fewer employees,one or more of whom owns the business.)This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. I- Slum or Blighted Area:the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. E Spot Blight:the project will 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? E Limited Clientele F 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. 10!What is the total estimated number of persons to be served by this project? 10 What is the total estimated number of LMI persons to be served by this project? 100% What is the anticipated percentage of LMI persons to be served by this project? Disabled,Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) 20.00 TOTAL 7.Provide a one-sentence summary of your organization's mission and work. Empower individuals with physical,developmental,intellectual and mental health challenges to enjoy lives of dignity and purpose. 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. The AID Supervised Community Living program provides a 24-hour per day supervised home setting for individuals with developmental disabilities who need and want to develop independent living skills.The homes are single-family dwellings where each individual has his/her own bedroom and learns to be an active participant in the household.Activities include:Daily living skills including cooking,self-care,laundry,accessing community services, budgeting,housekeeping;counseling services,behavior management and therapy services;transportation services;community participation and medication management monitored by nursing personnel. 9.Where(address/location)will your program take place? Requested funds will help provide accessibility and energy efficiency upgrades at two AID group homes located in Elgin: AID Maple House 1482 Maple Lane Elgin,IL 60123 AID Hillcrest House 974 Hillcrest Road Elgin,IL 60123 10.Is the facility and program in compliance with the Americans with Disabilities Act? E Yes F 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. AID has made some accommodations related to accessibility in both homes over the past ten years;however,neither home is completely ADA compliant.Agency-wide,most AID homes and facilities are ADA compliant.These are two of our oldest homes and the construction/renovation needed to make each fully ADA compliant all at once is a vast undertaking;one which will require considerable funds and lengthy resident displacement.At the current time,each of the 10 residents is ambulatory and enjoys full mobility.If a resident needs a more accessible environment, AID has 32 other group homes;temporary or permanent lodging could be secured.AID will continue each year to secure funding for renovations from multiple sources to strive toward full ADA compliance in these two homes. 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. One bathroom at each of the two project houses will be renovated to improve accessibility.The original basement windows and the garage door at the Maple House will be replaced to increase energy efficiency and reduce utility bills.The gutters,soffit and fascia will be replaced on the Maple House to maximize the life of the roof and provide the safest environment possible for residents.Ten residents with developmental disabilities call the Maple and Hillcrest houses'home.'All ten residents are considered low income;each receives social security income and a small stipend for living expenses from Medicaid. The funding residents receive does not include an allotment for any home maintenance;does not account for emergency repairs,accessibility upgrades or energy efficiency renovations.AID is committed to providing safe,permanent housing for our most vulnerable residents.AID will continue to seek additional revenue through municipal programs like CDBG to ensure that our community members with disabilities have safe,affordable, permanent places to call home. 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. F Public Safety F Neighborhoods F Financial Stewardship F Economic Development 1 Downtown E Education&Workforce Development F Diverse Workforce F Image&Engagement 14.List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example:2014:HVAC Replacement,$50,000 2007-$18,744 for equipment for new Elgin day program building 2008-$35,000 for accessibility upgrades for Elgin day program building 2009-$48,315 for renovations to Elgin group homes 2010 439,243 for renovations to Elgin group homes 2011-$53,935 for energy efficiency upgrades to Elgin job placement program building 2012-$40,104 for fence installation at day program and energy efficiency upgrade at Elgin group home 2013-$45,600 for safety renovations at Elgin group home 2014-$40,000 for accessible entryways at 2 Elgin day program buildings 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? • Yes E 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. To renovate the bathrooms in two group homes and replace the windows and garage door in one group home to increase accessibility and improve energy efficiency for 10 low income individuals with developmental disabilities. 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. To improve bathroom accessibility and overall energy efficiency by renovating bathrooms,replacing windows and a garage door for 10 individuals who are low-income and developmentally disabled living in two Elgin group homes. 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. To provide a safe,affordable,accessible,energy-efficient,permanent supportive housing for 10 low-income individuals with developmental disabilities who are working toward greater independence and community inclusion. 19. Please indicate whether you are the designated CDBG project manager. If"Other",please provide the name of the designated staff member and title. F Yes F Other: Mike Miller,Director of Property and Fleet Management 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". AID has managed grants and grant funded projects for more than 30 years.The CDBG project manager has more than 30 years experience;the AID grants manager has more than 10 years of experience. 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate income data reporting? F Yes I- 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. I- The project site is a local(landmark and/or located within an historic district),state or National Register property. I- The project site is located within a flood zone of floodplain. I- The project site will involve demolition of an existing structure. r The project will result in an expansion of the facility. F 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? F Yes I- 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 yea If project cannot move forward with reduced funding,please indicate that the"Project will not be completed without full CDBG funding request." If the Elgin CDBG award is less than requested,the AID project manager will evaluate the project to determine which components could be deferred to a time when funding can be secured from another source.The project would proceed with a revised scope of work;omitting items not affordable at that given time. 25.Does your agency receive CDBG funding from any other entities(i.e.,Kane County,Naperville,Aurora,etc.)? F Yes I- No 26.If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele.If your project would only involve CDBG funding from the City of Elgin,please type,"NA." N/A 27. Does your agency own or rent the facility(s)where your proposed project will take place. F Own I- Rent I- Not Applicable 28.Is your organization financially stable? F Yes E No 29. Please provide details pertaining to your proposed project's maintenance plan,including anticipated cost estimates. AID recently implemented a new maintenance software called BMC Track-It.This software has streamlined maintenance requests,prioritized needs and greatly increased maintenance efficiency in each of the AID homes and facilities.All AID maintenance staff are highly skilled workers;some specialize in specific disciplines such as carpentry and HVAC.Yearly inspections are performed on all utilities;the age of all units is recorded and monitored.Energy efficiency or inefficiency is tracked in each home and the Director of the maintenance program keeps abreast of ADA compliance regulations. 30.If applying for a capital/public facilities project(building and/or grounds improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not,please type,"NA." N/A Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds Contractual Services(Please specify) $0.00 $0.00 $0.00 $0.00 Rent: $0.00 $0.00 $0.00 $0.00 Other Specify: $0.00 $0.00 $0.00 $0.00 Rehabilitation,construction contingencies and permit fees $43,523.00 $0.00 $0.00 $43,523.00 Required bid advertising $1,000.00 $0.00 $0.00 $1,000.00 Project manager(5%of salary) $0.00 $0.00 $3,200.00 $3,200.00 $0.00 $0.00 $0.00 $0.00 Total CDBG Request $0.00 $0.00 $0.00 $0.00 Total Other Funds $0.00 $0.00 $0.00 $0.00 Grand Total $0.00 $0.00 $0.00 $0.00 Total $44,523.00 $0.00 $3,200.00 $47,723.00 Capital Projects Only CDBG Funds Other Non-federal funds Other federal funds Total Land $0.00 $0.00 $0.00 $0.00 Existing structures $0.00 $0.00 $0.00 Other Acquisition Costs $0.00 $0.00 $0.00 $0.00 Demolition/Clearance $0.00 $0.00 $0.00 $0.00 New construction $0.00 $0.00 $0.00 $0.00 Rehabilitation $37,670.00 $37,670.00 Performance bond premium $0.00 Construction contingency $5,553.00 $5,553.00 Architect Fees $0.00 Engineering fees $0.00 Bid advertising fees $1,000.00 $0.00 $1,000.00 Appraisal fees $0.00 Project manager(5%of salary) $0.00 $3,200.00 $3,200.00 Soil boring/environmental/LBP evaluation $0.00 Tap fees and impact fees $0.00 Permitting fees $300.00 $300.00 Legal fees $0.00 Developer fees $0.00 Project reserves $0.00 Grand Total Total $44,523.00 $3,200.00 $0.00 $47,723.00 Budget Narrative The initial quote for the construction work is$37.670.On the recommendations learned in the Elgin Neighborhood Redevelopment application tutorial,anticipating a 6-9 month lag time between application,funding award and project onset,a 4%increase is added to accommodate potentially elevated material costs.A$1,000 entry is added for required bid advertising and$300 for required building permits.Lastly,given the above mentioned lag time between application and project onset,a 10%contingency is added to accommodate potentially higher construction bids.AID will contribute$3200 to the project;proceeds of fundraising events. Documents Documents Requested* Required?Attached Documents* Audited financial statement for the most recent completed fiscal year: F AID FY 14 Audit Copy of OMB A-133 Audit(Required if$300k in aggregate Federal funds expended)OR CPA audited Financial statement(only if not qualified for A-133)OR Profit&Loss Statement Current Fiscal Year Agency Budget,including all funding sources. F AID FY 14 budget Board of Directors,including professional affiliations and home F AID board of directors addresses. Most recent annual report or a summary of the organization's prior F AID annual report year's activities and accomplishments. Federal 501(c)(3)letter of determination verifying tax-exempt status. F AID 501C3 determination Non-discrimination&equal employment opportunity policies,and F Equal opportunity Affirmative Action Plan. Articles of incorporation/bylaws. F Articles of Incorporation Brief job descriptions of staff member(s)who would manage the F Project manager job description CDBG grant project as well as the resumes of the Chief Program Project Manager resume Administrator and Chief Fiscal Officer.Please also attach an organizational chart. CFO resume download template AID organizational chart A letter or resolution from your Board of Directors authorizing the F Board of Directors resolution submission of the proposed project.Documentation must be submitted providing the name,title,address and telephone number of each individual authorized to negotiate CDBG contracts. Form used to document income of participants to establish CDBG F Income verification chart for AID eligibility if Limited Clientele.If your form does not have HUD's CDBG Income Qualification Guidelines,you will need to use the City's form (download and then upload with agency info). download template State of Illinois LLC/CORP Certificate of Good Standing.If you need to F AID letter of good standing authenticate your Certificate,please visit: www.cyberd riveillinois.com/departments/business_services/corp.html 2015 CDBG Project Milestone Timeline F Project timeline download template Project type verification.There are two types:Public Services or F Procurement guidelines for public facilities proiect Public Facilities.You must download and complete the template form. Contractor estimates for work Also,if you are applying for a public facilities project,a contractor estimate is required with your submittal. download template Signature Authorization Form and Conflict of Interest F Signature authorization form and conflict of interest download template Funding commitment letters from outside sources(if applicable.) If your agency has received over$500,000 in grant funding,you must E upload your most recent Single Audit statement.This is a separate audit from the city's requested audited financial statement(also required). Zoom Grants TM is not responsible for the content of uploaded documents. Application ID:35203 Become a fan of ZoomGrantsTM'on Facebook Problems?Contact us at Questions( ZoomGrants.corn ©2002-2016 GrantAnalyst.com.All rights reserved. 'ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalystcom,LLC. Logout I Browser EXHIBIT B ASSURANCES SUB-RECIPIENT hereby warrants and represents 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 the City of Elgin policies. Also, SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to 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 SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to CITY, 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 I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE 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; 15 (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; (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 II 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 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 County, 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 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 16 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, 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). 17 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 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 sub-awards at all tiers(including subcontracts,sub-grants,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. 18 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 CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from CITY and HUD, 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. 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 CITY, HUD, 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 CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist CITY and HUD 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, CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking,CITY,or HUD 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 SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. 19 SUB-RECIPIENT: Association for Individual Development 1135 Bowes Road, Elgin, Illinois 60123 BY: , Lynn O'Shea, President DATE: — Z t ATT 0111PIPP - - 20 AGREEMENT BETWEEN THE CITY OF ELGIN,AND H.O.P.E. INC. (ALSO KNOWN AS HOPE FAIR HOUSING CENTER) 2016 This AGREEMENT is entered into as of the 4th day of February ,-241-5,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter called"GRANTEE" or"CITY")and H.O.P.E. INC., (A.K.A. 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. 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) 2015, said award being identified as Community Development Block Grants/Entitlement Grants CFDA #14.218. The name of the award is Community Development Block Grant Program, Award Number: B-15- MC-17-0011, awarded for Program Year 2015. This award is not entitled to be used towards Research and Development (R&D). The name of the Federal agency providing these grants is the United States Department of Housing and Urban Development. 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 2014, 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 Page 1 of 16 • the PROJECT. About 450 low and moderate-income Elgin residents will benefit from SUB-RECIPIENT's program in its 2015 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). 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`h 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 • IV. 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$7,283 (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`h 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. 154363 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. G. SUB-RECIPIENT hereby warrants and represents that neither the project,including but not limited Page 3 of 16 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. 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 II.B, 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 10`h 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 Section X herein,this agreement shall terminate on June 1, 2016. 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, 2015-May 31, 2016 advocacy services. 2. Implement an education and training program. June 1, 2015-May 31, 2016 Page 7 of 16 3. Host public and private forums events June 1, 2015-May 31, 2016 on fair housing issues. 4. Assist CITY in identifying barriers June 1,2015-May 31,2016 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 Munic. 1 orporation BY: Sean Stegall, City Manager / DATE: 01/X/ ATTEST: Kimberly A. D.w'., City 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: (1., --4--t-A.1 I/ Anne Houghtaling,i -cutive I or DATE: I I ' I b ATTEST: C) ae—ca-- Page 9 of 16 • • IjI; � Email This Preview Save as PDF Print Close Window A• ELGIN THE CITY IN THE SUBURBS' Powered by ZoomGrantsTM City of Elgin Community Development Department CITY OF ELGIN 2015 CDBG APPLICATION 12/17/2014 deadline HOPE Fair Housing Center Fair Housing Program and Services $40,000 Requested HOPE Fair Housing Center — Submitted:12/17/2014 3:04:34 PM(Pacific) 245 W.Roosevelt Road Telephone630-690-6500 Building 15,Suite 107 Fax 630-690-6586 Project Contact West Chicago,IL 60185 Web www.hopefair.org Anne Houghtaling anne.houohtalino(a1hopefair.orq Executive Director Tel:630-690-6500 x114 Anne Houghtaling anne.houohtalingnahopefair.orq Additional Contacts andrea.juracek@hopefair.org 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.factfinder2.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:httpilfacffinder2.census.gov/faces/na) 8514!Census Tract 1 Block Group 1 8513.011 Census Tract 2 j Block Group 2 8546!Census Tract 3 Block Group 3 Citywidej Other-(E.g.Citywide Elgin) 25,573.01 TOTAL 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. I- Acquisition of Real Property I- Disposition of Real Property I- Capital/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.) I- Privately-Owned Utilities F Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) I- Relocation Payments and Assistance to Displaced Persons ✓ Removal of Architectural Barriers,Handicapped Accessibility E Housing Rehabilitation r Commercial or Industrial Rehabilitation,including facade improvements and correction of code violations. ✓ Special Economic Development or assistance to micro-enterprises. I- 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.cityofelgin.org/2014CDBG. F Benefits Low/Moderate-Income Residents F Prevents or Eliminates Slum/Blight Conditions I- Qualifies as a certified urgent need 4.Check all statements that describe HOW this project or activity meets one of the National Objectives below: F UM Area Benefit:the project meets the identified needs of UM income persons residing in an area where 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,water/sewer lines,neighborhood facilities,facade improvements in neighborhood commercial districts. F UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom 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 wheels for elderly, construction of job training facilities for the handicapped. F UM Housing:the project adds or improves permanent residential structures that will be occupied by UM income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family 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. r UM Jobs:the project creates or retains permanent jobs,at least 51%of which 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 which has publicly announced its intention to close w/resultant loss of jobs,a majority of which are held by UM persons. E MicroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise.(A microenterprise is defined as having five or fewer employees,one or more of whom owns the business.)This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. E Slum or Blighted Area:the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. I- Spot Blight:the project will 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? F Limited Clientele E 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'? 450.What is the total estimated number of LMI persons to be served by this project? 551 What is the anticipated percentage of LMI persons to be served by this project? ESL'Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) 1,305.00 TOTAL 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 community,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 and the City of Elgin have cultivated a strong partnership that reflects the City's commitment to fair housing.The activities proposed within help to strengthen that partnership by addressing a number of impediments to fair housing and action plan steps identified in Elgin's 2013 CAPER,as well as ensure that Elgin remains compliant with its obligation to affirmatively further fair housing. CDBG funding from the City in 2014 has allowed HOPE to provide fair housing education and training to English as a Second Language(ESL) audiences throughout Elgin,conduct foreclosure and modification data review,and serve as an educational resource to elected officials regarding fair housing concerns.HOPE looks to continue this strategic partnership and fulfill the City's need for a nonprofit face of fair housing education and promotion in the City(CAPER,p.12,#5). Further,HOPE looks to assist Elgin in addressing the following impediments to fair housing and action steps identified in the 2013 CAPER: 1.Monitor print and online housing ads in Elgin and conduct testing for fair housing compliance in the homebuyer and renter private markets in order to provide an updated snapshot of the housing landscape and assess any matters that the City may be able to address(p. 11,Impediment#2;p.12, Action Plan step#9) 2.Hold educational forums for both housing seekers and housing providers to address a general lack of awareness of fair housing laws,roles,and responsibilities,as well as to address community concerns regarding discriminatory housing practices,particularly towards low-income minority renters and households with disabilities(p.11,#4-5;p. 12,#2) 3.Continue to 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,such as the development of a Language Accessibility Plan(p.12,#6) 4.Be a non-profit fair housing partner to Elgin by counseling residents that may have encountered illegal discrimination,investigate claims and provide advocacy for residents(p. 12,#7) Additionally,HOPE will assist City staff in identifying costs associated with insufficient maintenance of Real Estate Owned(REO)properties through data review,including fines levied by Elgin against lenders for failure to maintain said properties,so as to take steps to potentially recoup those costs. Current Foreclosure and modification data from counselors and attorneys such as those at NHS will be overlaid with geographic and demographic information in order to identify potential patterns of discrimination based on race,national origin,Limited English Proficiency(LEP),pregnancy and/or disability and allow HOPE to undertake effective advocacy and enforcement actions. 9.Where(address/location)will your program take place? Education&Outreach events will take place throughout Elgin,including at Elgin Art Space Lofts,Elgin Community College,Judson University,City Hall, the Gail Borden Library,and local housing provider offices.Elgin client visits may also take place at the respective residence.HOPE'S community development activities are targeted to the NO-SEE area of Elgin(census tract 8514). HOPE's offices are located at 245 W.Roosevelt Rd,Building 15,Suite 107,West Chicago IL. 10.Is the facility and program in compliance with the Americans with Disabilities Act? F Yes ✓ 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. NA 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. HOPE's proposal directly addresses impediments to fair housing,as referenced in#8 above,that were detailed within the 2013 City of Elgin CAPER,as well as the 2012 Analysis of Impediments to Fair Housing Choice prepared for Elgin,Aurora and Kane County.Both documents illustrate an immediate and on-going need for fair housing education,training and enforcement in order to combat discrimination and poverty in the region.Furthermore, HOPE's project would fulfill the City's obligation to Affirmatively Further Fair Housing,a critical component for any CDBG recipient. Fair housing work combines enforcement activities(complaint investigation and client advocacy)with activities that affirmatively strive to undo decades of discriminatory housing policies,such as providing fair housing technical assistance to local governments and training to housing providers. The historic institutionalized discrimination against people of color,women,and individuals with disabilities in the United States has resulted in on-going inequities that fuel continued poverty and isolation based upon race,national origin,disability and gender.Over 51%of HOPE's clients are low-to- moderate income.Because housing is so inextricably tied to access to education,jobs,healthcare,environmental justice and transportation,it is critically important when addressing issues of poverty to ensure that housing is offered on an equal basis. HOPE's experience with complaint-based and systemic investigations demonstrates on-going,widespread discrimination against individuals,which is often compounded by discrimination based upon the demographics of a community.Residential segregation by race,color and disability has had a devastating impact on communities of color and individuals with disabilities throughout the entire Chicagoland region.This segregation has been fueled in large part by discriminatory steering in home buying,lying about the availability of rental housing,policies that make otherwise accessible housing unavailable,and discriminatory mortgage lending practices,including redlining and then predatory lending.Because of steering and inaccurate information provided by real estate agents and others,Elgin remains segregated by race/national origin.Potential residents may be steered away because of misconceptions of the town.HOPE counteracts this with the Elglnstead campaign and other community development initiatives geared towards breaking down these barriers.Testing and other investigations ensure that HOPE and Elgin's marketing work is not undone by housing providers or others that are illegally discriminating.The program description above identifies key components that this funding will support within HOPE's programs and services which 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. E Public Safety • Neighborhoods I- Financial Stewardship E Economic Development F Downtown F Education&Workforce Development F Diverse Workforce Image&Engagement 14.List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example:2014:HVAC Replacement,$50,000 HOPE currently receives CDBG funds from DuPage County and the City of Elgin. DuPage County:$40,000 yearly from administrative funds;on-going Fair Housing Enforcement and Services Program Elgin:Awarded$28,629.48 in 2014 for the Fair Housing Program and Services Project 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? F Yes • r 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 will reach at least 800 residents through its education and outreach,assist an estimated 20 persons to resolve fair housing issues/complaints, conduct 20 rental test parts and 20 sales test parts,and host 2 trainings for housing providers. 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 fair housing enforcement and educational activities to ensure a fair housing market and 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 will provide detailed information about education&outreach events-date,time,location,#of participants,and demographics of participants.It is anticipated that at least 800 residents through a variety of outreach activities,numbers from which will be tallied quarterly.Evaluation forms will be utilized at each educational presentation for housing providers and residents to allow for participant feedback,gauge perceived value and understanding of content,and inform adjustments of presentation content,as necessary.An analysis of evaluations will be submitted to the City quarterly. Additionally,HOPE will provide summaries of sales and rental tests,intake logs for complaints received from Elgin residents,and information on enforcement actions taken based upon complaints or HOPE's systemic investigations. Finally,analysis and information will be provided related to foreclosed property fines levied by the City,by lender and overlaid with demographics, including maps. 19. Please indicate whether you are the designated CDBG project manager. If"Other",please provide the name of the designated staff member and title. F Yes I- 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". 19 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate income data reporting? F Yes I- 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. E The project site is a local(landmark and/or located within an historic district),state or National Register property. I- The project site is located within a flood zone of floodplain. I- The project site will involve demolition of an existing structure. I- The project will result in an expansion of the facility. F 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? F Yes ✓ 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 yea If project cannot move forward with reduced funding,please indicate that the"Project will not be completed without full CDBG funding request." HOPE has been investing in Elgin through a$600,000 neighborhood stabilization and reinvestment program,centered on the"NO-SEE"neighborhood. Activities under that program will occur regardless of funding under this proposal,as there remains approximately$300,000 in funds to allocate. HOPE's fair housing activities within Elgin will be limited without this funding.For example,HOPE pledges under this project to provide 800 Elgin residents with fair housing education and training.If HOPE is not funded,only approximately 25 residents would be able to receive training. 25.Does your agency receive CDBG funding from any other entities(i.e.,Kane County,Naperville,Aurora,etc.)? F Yes I No 26.If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele.If your project would only involve CDBG funding from the City of Elgin,please type,"NA." As the only other CDBG funding that HOPE receives is from DuPage County,there is no geographical overlap that must be taken into account between Elgin and DuPage County. To further ensure reporting under Elgin CDBG is accurate,HOPE's intake process involves tracking callers'municipality of residence,in addition to other personal and demographic information.All information is entered into an intake log from which HOPE can pull reports based on any information entered.Additionally,HOPE utilizes an online enforcement database to track fair housing investigations and cases,which also allows for tracking based on client location. Finally,HOPE utilizes an online time keeping and expense software,Journyx,to accurately and contemporaneously track staff time and case/project expense.Staff is required to complete Journyx timekeeping daily and submit their timesheet prior to being paid.HOPE can easily generate computer reports of staff time and expense by grant or project,allowing HOPE to track,for example,HUD FHIP grant time on a case vs.CDBG time vs.non- government funds.Time entered into Journyx utilizes cost centers(for example,the current Elgin CDBG grant is cost center 4047,whereas all DuPage County CDBG grant work is recorded under 4043),which can then be compared to the labor distribution chart and used for accurate reporting to grantors for each grant expenditure.Each pay period HOPE's Executive Director/Deputy Director review and approve timesheets to ensure grant/cost center allocations are accurate. 27. Does your agency own or rent the facility(s)where your proposed project will take place. I- Own F Rent I- Not Applicable 28.Is your organization financially stable? F Yes I- No 29. Please provide details pertaining to your proposed project's maintenance plan,including anticipated cost estimates. NA 30.If applying for a capital/public facilities project(building and/or grounds improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not,please type,"NA." NA Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds 5%of Rent&Utilities $2,726.00 $51,794.00 $54,520.00 $54,520.00 Indirect cost rate 9.74% $3,550.00 $3,550.00 Administrative salaries $7,424.00 $227,941.00 $235,365.00 $235,365.00 Tykeda Smith-Systemic Investigation $7,276.00 $35,224.00 $42,500.00 $42,500.00 Kamal Ganjalikhani-Data Analyst $1,776.00 $41,800.00 $43,576.00 $43,576.00 John Jesionowski-Education&Outreach $6,848.00 $35,652.00 $42,500.00 $42,500.00 Fringe Rate 22.98 $6,759.00 $76,875.00 $83,634.00 $83,634.00 Rental and Sales Testing $2,500.00 $2,500.00 Mileage for tests and presentations $1,141.00 $1,141.00 Total $40,000.00 $469,286.00 $502,095.00 $509,286.00 Capital Projects Only CDBG Funds Other Non-federal funds Other federal funds Total Land Existing structures Other Acquisition Costs Demolition/Clearance New construction Rehabilitation Performance bond premium Construction contingency Architect Fees Engineering fees Other Architect/Engineering fees Appraisal fees Survey Soil boring/environmental/LBP 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,sales and rental testing,intake,and project management.The budget reflects current hourly rates&appropriate fringe benefits.These rates have been accepted by HUD in multiple grants in the past three years.This proposal would represent 5%of HOPE's overall 2015 budget.The amount of funding would allow HOPE to focus more of its time and resources to Elgin, an important community in HOPE's service area.In recent years,HOPE has partnered with Elgin to invest over$600,000 in Community Development funds,received as the result of a fair housing settlement with Wells Fargo.This project would allow HOPE to compliment the existing partnership by acting as the nonprofit"face of fair housing"in the community,a relationship identified as necessary to address impediments to fair housing in Elgin's 2013 CAPER. HOPE's Executive Director has more than 13 years in experience in federal grant management and is familiar with OMB Circulars A-110,a-122 and A-133.HOPE manages and staffs multiple projects by(1)Distributing the Statement of Work for a project to the appropriate staff member (2)reviewing all Statements of work quarterly to ensure tasks are assigned and being completed(3)creating a labor distribution chart of employees as part of its annual budgeting process[this ensures no staff is assigned more than 100%time to grants/projects/contracts and also staff is fully utilized](4)staff time is tracked in"Journyx"Time and Expense recording software.This allows HOPE's staff to accurately and contemporaneously track time and expenses by grant or project.HOPE can then easily generate reports of total staff time and expense for a particular project.HOPE uses cost center accounting.Each project is assigned a cost center number.Then all expenses are charged to the appropriate cost center.This allows HOPE to accurately record all expenses for a project. Documents Documents Requested* Required?Attached Documents* Audited financial statement for the most recent completed fiscal year: F HOPE FY2013 Audited Financial Statements Copy of OMB A-133 Audit(Required if$300k in aggregate Federal funds expended)OR CPA audited Financial statement(only if not qualified for A-133)OR Profit&Loss Statement Current Fiscal Year Agency Budget,including all funding sources. F 2014 Budget Board of Directors,including professional affiliations and home F Board of Directors Dec 2014 addresses. Most recent annual report or a summary of the organization's prior F 2013 Annual Report years activities and accomplishments. Federal 501(c)(3)letter of determination verifying tax-exempt status. F 501(c)3 letter Non-discrimination&equal employment opportunity policies,and F HOPE EOE Policy Affirmative Action Plan. Articles of incorporation/bylaws. F Articles of Incorporation Brief job descriptions of staff member(s)who would manage the F Staff Job Descriptions CDBG grant project as well as the resumes of the Chief Program Exec Dir Bio Administrator and Chief Fiscal Officer.Please also attach an organizational chart. Organizational Chart download template A letter or resolution from your Board of Directors authorizing the F Board Funding Application Resolution submission of the proposed project.Documentation must be submitted providing the name,title,address and telephone number of each individual authorized to negotiate CDBG contracts. Form used to document income of participants to establish CDBG F HOPE Client Intake Form eligibility if Limited Clientele.If your form does not have HUD's CDBG Income Qualification Guidelines,you will need to use the City's form (download and then upload with agency info). download template State of Illinois LLC/CORP Certificate of Good Standing.If you need to F HOPE Secretary of State Standing authenticate your Certificate,please visit: www.cyberd rivei Ilinois.com/departments/business_services/corp.html 2015 CDBG Project Milestone Timeline F Proiect Milestone Timeline download template Project type verification.There are two types:Public Services or F Proiect Type Verification Public Facilities.You must download and complete the template form. Also,if you are applying for a public facilities project,a contractor estimate is required with your submittal. download template Signature Authorization Form and Conflict of Interest F Conflict of Interest and Signature Authorization download template Funding commitment letters from outside sources(if applicable.) If your agency has received over$500,000 in grant funding,you must r Single Audit 2013 upload your most recent Single Audit statement.This is a separate audit from the city's requested audited financial statement(also required). Zoom Grants TM is not responsible for the content of uploaded documents. Application ID:36197 Become a fan of ZoomGrants'"on Facebook Problems?Contact us at Questions(rZoomGrants.corn ©2002-2016 GrantAnalyst.com.All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com,LLC. L■aout I Browser 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 I; (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 II 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 for Page 13 of 16 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' Anne Hou ling Executive Director DATE: ZI ATTEST: Page 16 of 16 � ^ ' > AGREEMENT � QETW[[NTBGCOYOF ELGIN AND �VAYSlD2CR0Sq h41NYSTR\E8 This A6 KEEK1E7<Ti,emtcredintoasoftlie 27tbJuyof' January 2017 6v and between the C[[l/ OF ELGIN. no Illinois municipal co ^mtion (hcrriuohcr called "GRANTEE" or -CITY-) and WAYSIDE CROSS NlNl3TRl68. u /xx-K`r1,n`ti< corporation incorporated pursuant to the \xwso[the State of Illinois,(heroinxbor called°8U8-REC\PIFNl`')hnving,m principal place n/�ooio���u� |732Q�rk|cyS,voc�.E|gio. U|inoi^. h0\I3. L RECITALS A. CITY has upp\ind KxCom/nuoi/y Development Block Grant ' nds (hercmuhernofenud to as ^'CD86 funds-) from (lie Unite d Stu1cm Deputimcot of I lo: sing und Urban Doc\opmnn\ (hereinafter called"HUD")as provided bythe lJousing and Community Development Actnf|474` xsomcndcd(P]'Y3'30])(hereinafter called °Al7'`)� o�dwvmd B. CDT has been owu�c CDBG [undo from HUD in Fiscal Yun (Py) ]0\5. o � being, ideutificduu Community Development Block <jrom�Emh|eoco\ Grants CfDA #|4.2|8. Thc name oC the award isCnmn1uoity Development Block Grant Program.Award Number: B-1 5- KJ['1 7'0011_ ovmn|xd k`r Program Year 2015. This onvmrd is not cNiUeJ 10 be used k`vruoda Research and Development (R&D). The name u/dhoFcdcrn| agency providing these grants iothe United States Department ufB*usiugand Drhuu Development. C (.11'l' has considered and approved the ul`pUcumioo nfG\JB'REClylENT h`rCD@G funds allotted toC7[l for distribution`n8DB'REC|PlENT. D, C1TYund0JB'KE('lP|ENTcn/cr into this Agreement pursuant to their respective powers to enter mt^ yock upecnux \^. its those powers are defined in the Illinois C*osthmkm and uomicuWc mnto/ey, |l. SC0PE0FTREPROJECT A, SDQ'RE[|PlENT hereby agrees x`perforin. mubmr|y fashion, the m1ivi/ics provided for herein, and those previously defined and identified in the Project Application and project dcuuhpuiou SUbIllitted bv the SUB-RECIPIFNT. dated December 2014, and entitled -Elain Wayside Center- An Extended 800d to the [mnnuoni\y''. u copy u[which is attached hcolo as Exhibit ''A- and incoq`nm,edhcrcin by this reference(hcreinohrrreferred tuuo the-PROJECT"). B All 600ding provided to OUB'REClPIENTuhoi\be used solely\*reimburse SUB-RECIPIENT for mondJv rental costs associated with the lease of the facility at 1732 Berkley Street. Elgin. Illinois. This facility is to be used exclusively for the provision of shelter, support services and counseling activities that aid homeless families and individuals t*become ac\f-ou/5cicut members o[society. Services provided at the facility are uohcconsistent with the scope and intent of the PROJECT. All individuals served hyS08'RE['lPlENTpumuuu{ \o this agreement will be low and moderate imconvr persons ua defined by 24CFR i70.208 (a)(2)(i)(A). The reimbursement will be for rental p aymuuamudch> the S0B-RfClP)ENT for the period o[]une |, 20l5 \hirough May 3\.20\6, as om|iood in Lcaux Agreement. ucop� o[vhich ix attached hereto as,Exhibit `/\]` Thiuraci|ity im mbeused for tile proviiion ot'suppon smices and munseUog*uivhkothat aid homeless families and iudiridua\s to heemuC ar|f-Su[bciert ineinbers, of society. these activities being hcrr6mftcr Pu�e l "fl7 relcrred to as the A-1161BL,E ACTIVITiES.- C. Prior to the expenditure of CDBG funds,SUB-RECIPILNT shall meet with the City's Comiunity ievelopment 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 docu11 tell tat ion. T.). SUB-RFCtPlEN'l shall return to the CITY any progrant income, as defined in 24 CFR Part i7O.500(a), Which is generated as a result of this PR()JEC"I. All written requests for an exception to this agreement shall be made. in writing. to the Cit}'s Community Development Department explaining tivhy the S1-44-RFC IPIT NT needs the income, the specific activities the SUB- RI CIPIFNT will undertake ty ith the funds and how the St'B-RhCIPIENT 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. SUll-RL(APIENT shall provide a Quarterly Progress Report to CITY each quarter,reporting on the statu of the PROJFCT in relation to the Project implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreenient.. and be based oil the CDBG program year, beginning on June 1 and ending, on May 31 of the follow year. The quarterly progress report shall be submitted until the completion of the pro.ieet or until directed to discontinue such reports in writing by CITY. B. Quarterly progress reports shall be due on the 101"day of the month following.the end ofthe quarter, for the previous quarters 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) • Fourill Quarter Burch.April. ylay(due June 10) C. SLAB-R) CiPIEti h shall use a JOrm provided by the Community Development Department and shall include all required information about the number of clients scived each quarter(by rice,household income.household size and the number-of female headed households). D. SLAB-RT.CIPIEN°I- shall maintain oil the premise, of their principal plaice of business client data demonstrating client eligibility for services provided. acid any other demographic information as requested in the Cite', Quarterly Progress Reports. Such into nation shall be made available to the Cit\'s monitors for review upon request. I=. SUB-RIX'I III E.N1 shall furnish and will permit CITY, [IUD or its agents. or other authorized federal officials.access to clients' records for the purpose ofliousehold size and income verification to ascertain compliance with the riles. regulations and provision of the Act. IV AM®t.;N"r AND TERMS OF GRANT A. CiTY shall distribute to SL`I3-RECIPIENT. as SL1B-RECIPIENrs portion of the total grant received by CTIY and in consideration of SL13-RECIPIENT'S undertaking to perform the PROJECT,a maximum ot'S31,100(hereinafter„Grant Funds").to be paid in the manner provided tier herein at Sections 11 (D) and Vill. Prior to the initial payment of Grant Funds, SUB- RECIPIENT shall submit, to CITY, their Outcome Performance Measurement Statement and progress report indicating client dern02raphics and program status. SUB-RECIPIENT shall submit Pa,-,e 2 of 17 quarterly progress reports, by tile. B)" day following the end of the preceding quarter.. to tine CITY. The amount to be paid to SL!B-RECIPII:N`I` will be based upon the work completed and the submittal of employee: work reports in support ofthe invoiced amount. B. This PROJI CT shall be identified as Project No. 154W, and Account No. 230-0000-791,30-99, which identit'N°inr numbers shall be used by SUB-RI:-.CIPIL N"T can all payment requests. �`. SUB-RECIPIENT'S('04 11L.IANC'E WH 11 "fHI AC A. CITY shall assist SUB-RE.t'II'IE.NT in making application for C'DBO funds. 13. SUB-R1 C'IPIEN I shall abide by the Act and all IfUU rules and regulations promulgated to implement tine Act. C. SVIi-RECIPIENT shall, upon request of CITY, (1 ) assist in the completion of an environmental recieev and (') complete certifications showing equal employment opportunity compliance including equal cmplorntcnt opportunity certifications"with reference to the PROJECT.asset forth in I:_lhibit -'C"attached hereto and made a pan hereof D- SUB-RECIPIENT, in perfornning tinder this Agreement.shall: 1_ Not discriminate against any worker,employee,or applicant,orally member of the public, because of raise- creed. color, sex. age or national origin. nor otherwise commit an unfair employment practice. and Take affirmative action to insure that applicants are employed without regard to race,creed, color,sex. age or national origin. with such affirnnative action including,but not limited to the follov,111u: Elliplo}tlnent, upgrading, dennotion or transfer, termination, recruitment or recrnilnnent .aikertising, kv olTor tcrrnination, rates ofpa\ or other forms of`axnpensation, 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 in4,other procedure, or practices to assure compliance with the provisions of this agreement. SL=B-RECIPIEN1 shall post in conspicuous places available to employees and applicants for employment notices setting firth the previsions of Section V (D) abo\e. 1:. SLsB-RLC1PII-NT shall not violate am laws,state or federal rules or rerUlula�ttions, includin��but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of tlnc SUB-R)=C IP1EN7 in the I1RU.IEC'-1 or payments made pursuant to this Agreement. SUB-RECIPIENT hereby warrants and represents that neither the project.including but not limited to ally funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to ally extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United Stater Code. commonly known as the Hatch Act. If. 51,13-RT.CII)LUX-I shall maintain records to show actual time dceoted and costs incurred.in relation to tine PROJECT. and shall prepare and subunit quarterly progress reports{e hick describe the work already performed and anticipated during the remaining time of tile PROJECT. Upon fifteen(15) days' notice from CITY, oi7ginals or certified copies of all time sheets, billings. and other documentation used in the preparation of said progress report, shall be made available for Page 3 of`17 inspection,copying.or auditing by CITY at an% time during normal business hours,at 150 Dexter Court. F"luin, Illinois, 1. SCAB-RLCIPIEN7 shall adapt the audit requirements of the Office of Management and Budget there?natier "OMB") Circular A-133, "Atidits of Institutions of Higher Learning and Other Non- Profit Institutions." SUB-RLCIPIE:NT shall submit to CITY one copy of said audit report. SUB- RI:CIPIEN'h shall permit the authorized represcniatkes of CITY, }IUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIEN"I relating to its perfonnance under the Agreement. 1. SUB-R1 C IPIE:NT and CITY shall at tall tinges observe and comply ,vith"Title 24 C'FR Part 570 and 'all applicable laws. ordinances or a-egulations of the Federal, State. County, and local government. Which may in anv manner affect the performance cif this Agreement. K. SUB-RECIPIENT shall transfer to CITY anv unused CDB(j funds and submit all billinus attributable to this Project at the time this.agreement expires. 1_.. SUB-RECIPIENT will ensure that any real property under the SUI3-REC'EPILNT's control that was acquired and.or improved in whole or in part with CI)BG funds in excess of 525,000 is used exclusively for the benefit of low and moderate income persons as defined by EIUD, for a period of 10%ears after the expiration of this agreement. NI, If during the 10 rear period after the expiration of ibis Agreement. SUB-RECIPIENT disposes of any properly under the SUB-REC'IPILM"s control that was acquired anti-or improved in whole or in part with CDBG funds in excess of 525,000,then SUB-RFCIPIENT will reimburse CITY in the emrn.uat 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 imprrnement to,the property in accordance with 24 C'I=R 570.50'(b)(8)and 24 CFR 570.505. t'1. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT shall not assiun. transfer, subcontract or otherwise convey its rights or obligations under this Agreement without tlae prior written consent of CITY. which consent may be cr ithheld in the CITY'S sole discretion.- B. Administration of any subcontracts by SUB-RECIPIENT shall be in confonnance with 24 CFR Pan 570?00(d)(2)and Part 85.36. Vii. SUB-RECIPILN]'S AU l tIORII_ATION TO ACCLPT PROPOSALS k After CITY has received notification that funds for the PROJECT have been released by HUI). SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the P RO J F.C1`. Fill, BILLING PROCEDURE Upon Release of Grant Funds by IIIJD for the PRO .WC 1 CI I Y shall make disbursements to tlae SU=B-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances tear specific cash requirements of SUB-RLC'IPII N for the PROJECT. All claims of Pate 4 eaf 17 SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements. 1. SLJB-REC'IPIF.NT shall submit a listing.of all disbursements of CDBG Funds, on a forts provided by the CITY. ?. .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 bv SUB-RECIPIENT within three (3) working days of receipt by SLJB- RKIIIIIAT 3. Any request for reimbursement or advancement pertaining it) work under contracts from SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors,cenif ication that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S krrov�ledge,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 PRO.IhCT upon substantial completion, (ii) the results of any subsequent tests Ix;rnitted 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 perforated 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 regu ations. 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,howoer.that in no event shall such documents be torwarded to the CITY later than twenty-one (21) days afier SUIT-RF( [PIENT'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'I'itle 24 CFR 85, B. Upon submission of an acceptable claim for Grant Funds,CITY shall process such claim and shall apl?rcne such claim for payment following approNal by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section:X and XI hereof.CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. IX. ADMINISTRATION .NND REPORTING RE OL IREINIENTS A. SUB-RECIPIENT shall administer the Grant Funds in conlonnance with the regulations,policies, guidelines and requirements of OMB Circular numbers A-110. and A-1'_?, as they relate to the Passe 5 of'17 acceptance and use of federal funds for the PROJFCI`, B. SUB-RECIPIENT shall submit all required intorntation 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 to"' day following the end of the preceding quarter_ Other reporting requirements are specified in "B"attached hereto and mane a part of this Agreement. .l', TERNMINATION OI AGREL%1 'NT OR SUSPENSION. , (* PAYME-NT A. Durim_the itnplementaticn of the PROJIiC.`T,CIT1` may tcrtninate this Agreement or may suspend payment of(frani Funds to SUB-RI_VIPII:NT for SUB-RF.C_IPIE=:NT'S substantial breach of the Agreement, abandonment of the PR( JI C"T or occurrence rendering impossible the perforinance by SUB-REC'IPIFNT of this Agreement. 13. During the implementation of the PROJECT,CITY may suspend payments of Grant Funds,due to use of funds in a manner unrelated to SUB-REC IPIENT,s pertonning the PROJECT, tailure by Sl1B-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 PROM."ICI C. In the event CITY elects to terminate this Agreement or to suspend payments. for any reason stated hereinabt»we in parag*raph 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 max, withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by CI°n, under this paragraph shall relieve the SUB-MAPIENT of its liability to CITE" for any funds expended in violation of any of the ternts of this Agreement. D. Unless terminated pursuant it)the proNisions of Section X herein, this agreement shall terminate on Juste 1. XI. RLAILDIES A. To the fullest extent permitted by tau, StiB-RF:CIPIEN'l 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 reliefof liability arising out of or resulting from or through,or alleged to arise out (if.any breach of this agreement. misuse or misapplication of fund, deritied pursuant to this agreement by SUES-RECIPIENT: violation of any statutes. rules and re�_'ulations, direct1v or indirectly. by SUB-RECIPIENT andior any of its agent,or representatives., oi-any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT's officers, employees, agents or subcontractors. Its the event of any action against the CITY. its officers.employees.agent., boards or commissions covered by the foregoing, duty it) indentnif}. defend and hold harmless. such action shall be defended by legal counsel of CI TY,s choosing. The provisions of(Ill s paragraph shall suryIve.any termination and'or expiration of this Agree rent. B. In the ei,ent of loss ofapproyed Grant Funds for the PROJ ECl_as a result of any violation or breach Page h of 17 of this Agreement by CITY. misuse or misapplication of fields received from IIt?D unrelated to the YRtIJF.( h,or anV v tolation of the statutes,rules and regulations of IIt,D,directly or indirectly-, CITY and or any of its agents or representatives. CITVs liability to SUB-RECIPIENT shall he limited to any funds which have previously been provided to Stll4-RECIPIENT pursuant to this agreement. SUB-RI=:C°IPLI=NT hereby waives and releases CITY from any and all ether liability Pul-suant to ant such breach,misuse, misapplication or violation of statutes.rules or regulations. C. ht tile,event HUD,or any other federal agency. make,any claim which would give rise to invoking the reined. prOXisions, as set lbnit in paragraph, :� or B of this Section XI. then C17`l' or SUB- . shall immediately notify the other party, in writing, providing the full details of tile alleged violation. 1-o the extent that any such matter is not subject to exclusive federal jurisdiction, venue tier the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between CITY and SU B-R FCI III EN'1 Shall be in the Circuit Court of Kane County. Illinois. D. In addition to any other remedies available to CITY. if CITY has last or been prevented front receiving piny federal funds,other than the Grant Funds. as it result ofany alleged violation of law or other breach of this Agreement by SUB-RECIPIENT. SUB-RECIPIENT shall repay, upon demand by ChM'. such amount of Grant hinds previously disbursed or allegedly due to SUB- REC'IPIEN`T'. X11. [MILLINLSS A. 1 line is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Am milestone which SUB-RECIPIENT dues not achieve within two lilonths ofthe 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 ot'grant funds at the CITY'S discretion. Actions Date I. Pro-ide I'meruency Shelter June 1,201 5-May 31.-1016 ?. Provide Case Management June 1,201 5-May 31, 2010 3. Rental Reimbursement June I. 201 S-May 31.2016 B3 'Iotal Number of Months Required for Project Completion 12 Months X111. NIISCI LIANFOLIS PRO VISIONS A. AMLNDML.N7 S - 'I'hr, A zreement constitutes tite entire A�areement between the parties hereto. Ali% proposed chanue in this Agreement shall be ubmitted to the other party for prior approval. No modifications. additions,deletion., or the like, to this Agreement shall be effective unless and until such L:hanges are executed. in writing. by the authorized officers ofeach party. B. StIBff C'T TO FIN.ANCIAL ASSISI ANCE AGREEMENT -'This agreement is made subject to financial assistance igreemcnts 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 Page 7 oft 7 inly such agreement. C. ASSIGNMENT-except as provided in Section VI hereof, Sl'B-RI II'IENT shat( not assign this Ai-,regiment or any part thereof and SL';B-REC'IPIE'NT'shell not transfer or assio anv Grant Funds or claims due or to become due hereunder, Without the written approval of CITY haying first been obtained. I). A]I )RNLY S OPINION-If requesled.SUB-RFCHIIENT shall provide an opinion of its attornev. in a form reasonably satisfactory to CITE', that all ,ceps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT and that SUB- RECIPILN T`is in compliance with applicable local.state and federal statues, roles and regulations for the purpose of complying with this:agreement. I::. HEADINGS -The section headings of this Agreement are for convenience and reference only and in no waa 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 anti reason,the remainder of this 'lgreement sh ffe all remain in full force and ect. G. This :agreement shall not he construed to create a joint venture. partnership,emplovment or other agency relationship between the parties hereto. Tl_ Venue for the resolution ofany disputes or the enforcement of any rights between the parties hereto arising Out of or in connection with the terms and provisions of this Aureenlent shall be in the Circuit Court of Kane County, Illinois Noe 8 of 17 IN WITNESS WHEREOF.the parties hereto have executed this Agreement on the dates recited below. un '1pa orporation CITY OF El-(;]N,-.an Illinois M IC- BY: Citv mana'wt- Richard G. K6zal ' DATE: January 27, 2017 ATTEST: Kimberly A(511is7 City- Jerk SUB-RECIPIENT: Wayside Cross Ministries 1 Berkley Street. Elgin, in 's,60123 BY: Phil NVood, Director in DA"I E:. A-ri'EST: Pauc 9 of 17 iint Cio r >i t'.tiow A A w ELGIN Crty of�=gin Community Development Depa-mew CITY OF ELGIN 2015 CD8G APPLICATION '2>17s2014 deadline Wayside Cross Ministries Not for Profit Elgin Wayside Center's (EWC) An Extended Hand to the Community Project $60,OOD Requested Wayside Cross Ministries Not for Profit Submitted 12.16'2'14 p 31 17 ARC tPacific Telephone630.723-3414 215 E New York Street Fax 331.212.5411 Project Contact Aurora..IL 60505 r'Veb waysidecross org Pamela Keiin j Executive Director Tel 630-723-3414 James Lukose Additional Contacts pkeithCawaysidecross org i Application Questions 1.This project is located in Census Tract(s):It only one census tracUblock group,please insert"NA"in remaining census tract spaces. Please visit the American Pact Finder website www-factfinder2.census goo for the Census Tract information(You may want to cut and paste the following lints which wit!atiow you to search by street address.htfp�.'f8crfinder2-censi s govlaces/na! 8,519,08 Census Tract 1 NA Biack group 1 NA Census Tract 2 NA Bock Group 2 NA Census Tract 3 Rx B:ock Group 3 Other•(E g Citywide Elgin} TOTAL 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 Praiects must have a minimum badget of 525.000. Acquisition of Real Property Disposition of Real Property Capital'Public Facilities arc Improvements le.g.homeless shelter,water and sewer facilities.flood and drainage improvements:fire protection faci±itiesiettuipmenf,community.senior and health centers parking.streets_curbs.nutters and sidewalks,parks and playgrounds) Privately-Ownec Utilities Public Service o e.rental reimbursement,educational programming expenses or an increase in the level of a service) Reiocalion Payments aed Assistance to Displaced Persons Removal of Architectural Barriers.Handicapped Accessibility Housing Rehatiiitat3on Commercial cr Industrial Rehabilitation.including facade improvements and correction of code v ularons Special Economic Development or assistance to micro-enterprises Other 3.Please identify the National Objective(s)your Activity meets: For descriptions of each Objective.please review p 7 of the City's 2ut4 Citizen Par#icipatioo Plan and project Proposat instructions at A,fm cityc plain-orty� Benefits Low Mtoderate-income Residerts prevents or Elmninates Siurni&iv Conditions Qualifies as a certified urgent need 4.Check all statements that describe HOW this project or activity meets one of the National Objectives below. LJM Area Benefit the project meets the identified needs of 11t1 income persons residing in an area where at feast 51%of those residents are L k1 mcr�me persons The benefit,r:f th;s type of activity are available U�ail persons in the area regardless of income Examples street rmprovemerts water'sewer lines neighborhood facilities,facade improvemerts in neighborhood commercial districts. LM Limited C ientela_the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of whom are Uki 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 wheels for elderly, construction of job training facilities for the handicapped Utv9 Housing the project adds or improves permanent residential structures that will be occupied by G'Iv1 income households upon completion Housing can be either owner or rerter Occupied units in either one family or multi-family 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 j LM Jobs the project creates or retains permanent)obs.at least 51`.-;of which are taken by lr 0 income persons or considered to be available to LM income persons Examples loans to pay for the exparsion of a factory assistance to a husiness which has publicly announced its intention to close Wresultant toss of jabs a majority of which are held by UM persons. MicroEnler*onse Assistance the project assists in the estabgshment of a microerterprise of assists persons developing a microenterprise (A microerterpnsc is defined as havirg five or fewer employees,one or more of whom owns the business)This activity must benefit )owlmodefate income persons.area or jobs as defined in previous sectiuns r Slum or Blighted Area,the project is in a designated slumiblight area and the result of this project addresses one or more of the conditions that qualified the area. Spui Blight the project will prevent or eliminate specific cunditiuns of blight of physical decay uuiside d stung area.Activities are limited to clearance,historic preservation,rehabilitatior 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 S.How will the program's eligibility for CDOG funding be established? Limileo Cl.enteie Presumed eliyibte iseverely disabled adults,abused children,battered spouses or homeless; 6. Please answer the following Low to Moderate Income(LMI)questions: Please indicate the number 450 What is the total estimated number of persons to be served by this project? 350 What is the total estimated number of LN11 persons to be served by this project'? 1000,,, What is the anticipated percentage of LMI persons to be served by this project? Homeless Who is your targeted population?ii e,severely disabled adults.abused children,battered spouses or homeless,etc TOTAL Z Provide a one-sentence summary of your organization's mission and work. To provide food,shelter,clothing and other supportive services to the homelessworking poor in order to rietp them become sett-reliant 8.Describe your program.Be specific about the activitiestservices provided,daysitimes of services and the frequency and duration of services received by the average client or participant. Elgin Wayside Center tEWCf is iocated in Elgin.Illinois_It is a daytime homeless shelter for individuals and families_ Since 1993.the Wayside Center in Elgin has beer transfcrming the lives of the hunir.g and needy With the help of faithful volunteers,the Wayside Center helps over 200 individuals every month with practical,tile-altering services Our shelter program provides food,shelter and supportive services to mer women.and families during the daytime that are homeless or the working poor in Elgin,Illinois Vile serve as a daytime drop-in center where homeless men women,and chiidrer find respite from the often harsh Midwestern weather while utilizing practical services such as laundry facilities incoming mail,job readiness assistance.computer courses.Internet and email access,housing lccation assistance.as well as life-transforming services including fife skills ccurseling mental health screening,mentonng,and optional Bole studies The hours of operalice,are 8 am-4 pm on Monday through Saturday jcfosed Sunday i one-to-one Mentoring Wayside's mentoring program is designed to match guests with trained volunteer.whp will help guide them through,the fife changes that are necessary to lead healthy and productive lives Six-Week Program Vilayside's 5-week program irciudes. -Weekly meetings with a Case Mapager to explore personal opportunities and options -Shower and laundry privileges -Secure locker for personal belongings •Spri`ual guidance and encouragement Achievement Program Wayside's trained counselors tailor an Achievement Prograrn for each guest's specific situation Each participant in the Achievement Program receives daily training in work ethics This enables them W prepare fot re-entering the workforce We also refer guests.especially those struggling with addictions.to our residential recovery programs in Aurora This year.we are looking to serve more clients and we are requesting funds that will allow Ls to meet the constant growing need for our services.An increase in funding will allow us to provide the services that we have provided in the past but to a larger population 9.Where(addressllocation)will your program take place? Our program will take place in Elgin.tilinois at Elgin Wayside Center.1732 Berkley Street it Elgin Illinois 60123 M Is the facility and program in compliance with the Americans with Disabilities Act? Yes 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. NA 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, In order to provide the services that are listed in the'Describe your program'section:we will need to increase our ability to meet the growing demand for oLr services. The existing issue is we are seeing an increase in the number of homeless and working poor that come to us for help in order to meet this need we will need to increase our capacity through additional funding so that we can continue providing services to everyone that come to us desperately seeking our trelp This project will serve the homeless and working poor in Eloin who qualify as'presumed eligible'and are considered low and moderate income people. Our proposed activity will allow us to continue paying our rent and it will also extend the reach of our services to include an increased number of homeless?working poor in Elgin it funded we will be able to more effectively carryout our mission,as we meet the increased demand for our services 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 descriptroas or the goals,please refer to the Citizens Participation Fian tpg 14!or visit www.crtyofeigin.orglindex,aspx?nO=1726. Public Safety Neighborhoods Financial Stewardship Econcm.;L Development Downtown Educalion&Workforce Development Diverse Workforce Image&Engagement 14.List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example.2014.HVAC Replacement 550.000 2011 Daytime Center Rental Project-$48,904 2012-2013 Daytime Center Rental Project-$418.904 2013-2014 An Extended Hand to the Community Project-525.000 00 2014-2015 An Extended Hand to the Cornmun'.ty Project-$30,100.00 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? Yes 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. Fxampla To enhance the basement rerreahona!area and to improve rtre salary Jar 10 low-inrome and developmentally disabled Individuals residing tr:the John Doe Group Horner The goal of our project is to increase our capacity to provide essential and supportive services to about 450 homeless and working poor clients(This is ar 80 1,n increase from last year)that will help them become self-sufficient 17.Please provide your project's objective.(One sentence only.) Example:To construct a bathrooms and install a sprinkler syste,n througnortt the house for 10 low-income and developmertfal v disabled m ivi fiats To increase our ability to proviee life-sustaining and supportive services to an increased number of homeless and working poor clients in Elgin 18. Please provide your project's measurable objective(s). Example To provide a safe affordable,permanent suuporfive housing for 10 ow-income individuals with disabilities who are working towards greater independence and community inclusion. To provide;lob readiness training.iife srtirls training,a juts liaison program,one-on-one mentoring,private iockers,showers laundry services.meals. optional Bible studies and case management io around 450 homeless and working poor clients in Elgin who are working toward becoming self-reliant and a productive pars of the community 19.Please indicate whether you are the designated CDBG project manager. it"Other"_please Provide the narne of the designaled staff member and lifte Yes '.ether; Phil trdood 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", Phil evood has ever seven-years of grant management expertise 21.Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors(Davis-Bacon Act), low to moderate income data reporting? Yes No 22.The following question is related to environmental review as per HUD's standards.Please select all relevant statements. Please note that poridi"ng project activities-HUD's environmental review policies may require additional documentation The awarded organization, will be responsible for all expenses related to fulhifing H;;D's envronmentat clearance requirements The project site is a iorai(landmark and+or located within an historic district,.state er National Register property The prolect site is located within.a ficoc zone of tl000plain Tile project site will involve demolition of an ex;sting structure Tt e project will result in an expansion of the facility 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? Yes 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 yea If ptcyeat cannot move`orwarrd with reduced funding.Please indicate that the"Protect will not be completed without full CDBG funding request." If the City or Elgin is unable to award us the entire amount of our request..we will be grateful for any amount that we received and we will seek support from other lunders to help offset our expenses 25.Does your agency receive CDBG funding from any other entities(i.e.,Kane County,Naperville,Aurora,etc.)? Yes No 26,If your agency receives CDBG funding from any other entities,please describe how you will track your City of Elgin clientele,If your project would only involve CDBG funding from the City of Elgin,please type,"NA." NA 27.Does your agency own or rent the facility(s)where your proposed project will take place. Own Rent. Not Applicable 28.Is your organization financially stable? Yes No 29.Please provide details pertaining to your proposed project's maintenance plan.including anticipated cost estimates. We are not seeking support for a capital project therefore we dc:not have any cost estimates.However,plans for sustaining our current programs for years to cone consists of diversitying our fundraising portfolio to include and expand our other sources of income_ 30.if applying for a capitalipubiic facilities project ibuilding and/or grounds improvement),will your proposed project correct any safety or fire code violations?If so,please describe the violations.If not.please type,"NA." NA Budget Budget Summary CDBG Leveraged Funds 2015 Committed Funds Total Funds Contractual Services(Please specify) Rent S 50.3'200 S000 S000 S50.37200 Other Specify Staff Salary S 9.628-00 $9,628-00 Totai CDBG R!uluesi S000 S 0 00 Total Other Funds Grand Total $0,00 S0,00 Total $60,000.00 $0.00 $0.00 $60,000.00 Capital Projects Only CDBG 7 urids Other Non-federal funds Other federal funds Totai Land Existing structures Other Acquisition Costs Demolit,onjOearan.e New construction Rehabil tabor Performance bond premium Construction contingency Architect Fees Engineering fees Other Architect/Engineering fees Appraisal fees Survey Soil boring',environmentalIBP evaluation Tap fees and impact fees Permattirg fees Legal fees Developer fees Project reserves Grand Total Total $0.00 $0.00 $0.00 $0.00 Budget Narrative EWC has the capac ty to successfully carry cut our proposed project and has been doing so for many years.We have beer,partnering with the City of Elgin,for a number of years in meeting the needs of those that are less fortunate in our community EWC has received rent reimbursement from the Cily ir.the past to heap support EWC's homeless and worxing poor popu anon In order to accommodate the increased reed,we are also requesting funding for staff salary this year This will allow us to extend our services and further Carry out our mission Documents Documents Requested Required,Attached Documents' Audited financial statement(of the most recent competed fiscal year I Copy of OMB A-133 Audit(Required if S300K in aggregate Federal funds expended)OR CPA audited Financial statement)oniv if not qualified for A-133;OR Profit,&Loss Statement Current Fiscal Year Agency Budget.ircluding all funding sources Board of Directors..including professional affiliations and home f- t addresses. Most recent annual report or a summary of the organizafior's prior year's activities and accomplishments Federal 501(c)(3?letter of determination verifying tax-exempt status Non-discrimination&equal employment opportunity policies,and Aff irmative Action Plan Articles of in corporation lbylaws. 8net job descriptions of staff memberfsi who would manage the CDBG grant project as well as the resumes of the Chief Program Administrator and Chief Fiscal Officer Please also attach an organizational chart pu;E- A letter or resolution from your Board of Directors authorizing the submission of the proposed project.Documentation must be submitted providing the name title,address and telephone number of each indivrduai authorized to negotiate CDBG contracts. Form used in document income of participants to esfab ish CDBG eligibility if Limited Clientele.If your form does not have HUD's CDBG Income Qualification Guidelines,you will need to use the City's form {download and then upload with agency info) State of iilinois LLCiCORP Certificate of Good Standing If you need to e f4 r°hoc authenticate your Certificate,please visit www.cyberdriveillirots,comldepartmertsibusiness servicesicorp_html 2015 CDBG Project Milestone Timeline �3'iesi_a<raa down oa; iert`yiate Project type verification.There are two types.Public Services or Vz�iht a Public Facilities You must download and complete the template form Also if you are applying for a public facilities project,a contractor estimate is required with your submittal. <s`x..i.w.ztltZj�!r. Signature Authorization Form and Conflict of Interest -�r:(i�t crirrte�e=€ Funding commitment letters from outside sources(if applicable.) If your agency has received over$500.000 in grant funding,you must 1 upload your most recent Single Audit statement_This is a separate audit from the city's requested audited financial statement(also required) 2oomGrants R+is not responsible for tire conten!of uploaded docurnents Application IDS 35083 4r an<,y vy r,®,.o CODUMIAL BDIIJING SUBLEASE THIS LEASE AGREEMENT executed this _29th_day of _June 2012, by and between ?.A.D.$. OF ELGIN, BIC., an Illinois not-#or-profit corporation (hereinafter referred to as "Lessor'l and Wayside Cross Kinistries an Illinois not-for-profit corporation (hereinafter referred to as "Lessee"). Berkley Court Properties, L.L.C. will hereinafter be referred to as "owner". WITIfESSETIL Article 1. PIR MES. Lessor, for and in consideration of the covenants ad agreements hereinafter mentioned to be kept and permed by Lessee, hereby leases to Lessee a portion of the real estate commonly Imown as 1730 Berkley Court, Elgin, Illinois, and legally describeil in Wait "A" attached bereto and made a part hereof together with the benefit of all easements appurtenant thereto (`Building"). That portion of the Building being leased hereunder is identified as two offices in Unit A (Director's office and shared office) and shared smoking area; Unit B (minus one storage room) and shared conference room, computer networking, lanndry and shower rooms; this is approximately thirty percent (301A) of the Building, a depiction of which is attacked hereto as Wibit B which shall hereinafter he referred to as the "Leased Premises." Article 2. TERM. 2.1 The original term of the Lease shall be for five (5) years 2.2 Lessee shall have the right to request au extension of this Lease for two (2) additional periods of five (5) lease years, pvfiW it gives written notice thereof to Leaser at least six (6) months prier to the inception of each such additional period. Such extensions shall be dependent upon concurrence of Lessor and shall be exercisable only if Lessee is in geed standing and all rents payable hereunder have been paid in full up to the date that the notice of extension is given. Article 3. BASE RER. 3.1 Lessee agrees to pay $3,180 to Lesser (45% of Lessor's rent], as rent covering shared space in Units UkB of the Leased Premises for 2012. During a term of four and half(4.5) years, rent is payable monthly on the first day of each month. The base rent shall be increased on January I of each year by three went (3x) per aaaam during any additional lease years: XONMY RENTAL BATE 2012 (6 months) $3180 2013 53275 2014 $3373 2015 $3474 2816 $3578 3.2 Lessee agrees to pay $816 to Lessor 160% of Lessor's rent], as rent covering shared space is Unit C of the Leased Premises for 2011 Daring a term of fear and half(4.5) years,, rent is payable monthly on the first day of each month. The base rent shall be increased oa January I of each year to the rated listed below: 1 NO. RENTAL RATE (unit C) UNIT C TOTAL A, R & C 2012 (6 months) $816 $3996 2013 $840 $4115 2014 $866 $4239 2015 $892 $4366 2016 $918 $4496 Article 4. USE OF PREMISES. 4.1 Subject to the succeeding paragraphs of this Article 4, Lessee may use the Leased Premises for the fol lowing purpose: To provide daytime social services to disadvantaged and homes persons including, but not limited to these described oa the Exhibit D. 42 Lessee, agrees that at all times during the term of this Lease, Lessee's use and occupancy of the Leased Premises shall conform to and comply with, at its own expense, all laws, ordinances ad governmental regulations applicable to the Leased Premises inclading, but at united to, all zoning ordinances, building cedes and all pollution control laws, regulations and ordinances, and the conduct of Lessee's baskess therein shall at all times be in conformity with the requirements of all carriers of insurance on the Leased Premises. 4.3 Lessee win net allow the Leased Premises to be used for any purpose that will invalidate any insurance, and will not load floors with machinery or goods beyond the floor load rating prescribed by applicable municipal ordinances. Lessee will not permit the Leased Premises to be used for any unlawful purpose or for any purpose which constitutes a public or private nuisance or for any purpose that will increase the fire hazard of the Leased Premises, or discharge any pollutants into the sanitary sewage or storm sewer "ins of the Leased Premises in contravention of applicable laws, ordinances or regulat ions, or disturb the neighborhood Lem agrees to maintain sufficient security and internal procedue such as to prevent the Lessee's occupants Elam interfering with other tenants' use and eajoymest of the Building and the parking facilities. Lessee agrees to maintain sufficient security and internal procedare to prohibit any loitering by Lessee's occupants in and about the Leased Premises and the adjoining walkways. 4.4 Lessee shall not commit, nor sball Lessee permit the committing of, any waste, nuisance, the emitting of any objectionable noise or odor, nor the sale, display, distribution or regular dispensing of any alcoholic liquors or beverages is or on the Leased Premises. 4.5 Lessee, along with PADS, shall have the shared use of twedy (20) parking spaces situated on the Leased Premises as follows: (i) eight (8) spaces east and adjacent of Leased Premises and (ir) twelve (12) spates in the north parking let. If the Lessee needs additional parddug spaces, parking spaces in the rear of the building may be available. If Lessee needs additional parking spaces, the building owner shall strive to make them available to Lessee. Lessee shall pay Ten Dollars ($10.00) per month per space for such additional parbug spaces. 2 4.6 The Leased Premises are accessed by a cammon driveway shared with the building sitlated at 1740 Berkeley, Elgin, Illinois. Lessee shall have the non-exclusive use of any and all driveways aid Lem shall permit others the non-exclusive use of any driveway on the based Premises. Article 5. TAM ENCMRANCES AND UM MINCE COSTS. 5.1 As additional rent for the Leased Premises, Lessee shall pay, at the tints and in the manner hereinafter provided, thirty pmt (30%) of the general real estate taxes attributable to the Building which are levied and assessed because of an of increase in the real estate tax assessment in excess of its current assessment of Three Hundred Thousand Dollars ($300,000). In addition,Lem shall pay as additional vent for the Leased Premises thirty percent (30%) of any special assessment or other imposi* ordinary or extraordinary of every kind whatsoever which may be levied and assessed upon the Real Estate. Lessee shall pay such real estate taxes at such time as the tax bills come due. 52 Lessee shall pay to the Lessor as additional rent for the Leased Premises thirty percent (30'x) of any excess in premiums for casualty and liability insurance (with all endorsements) paid annually by building owner daring the Lease term over the amount of Three Thousand Seven Hundred Thirteen and 50/100 ($3,713.50), (2006 insurance payment) which is incorporated in the Base Bent Lessee shall be obligated to pay its share of only those annual premiums that relate to insurance coverage during the term of this Lease. Lessee's share of snob excess premiums shall be paid by Lessee to Lessor within ten (10) days after Lessor bills Lessee therefore semi-annually. Article S. DGVMCE. 6.1 At all times during the term of this Lease, Lessee, shall, with respect to the Leased Premises ad Lessee's business operation thereon, procure and maintain, at Lessee's sole cost and expense, a policy or policies of insurance expressly k ariag Lessor and building owner (Berkley Can Properties, LLC) as additional named insureds, as follows. Cmprekeusive General Public Liability Insurance against claims for personal injury, death or property damage owa* in connection with the use aid occupancy of the Leased Premises, will a M&W side limit of liability not less than One Ilion Dollars ($1,004,040.0, 6.2 With respect to the aforementioned policies of insurance which Lessee is required to procure and maintain hereunder. A certificate of insurance shall be finished to Lessor, If Lessee furnisher any insurance in the form of a Blanket Polity, it will furnish satisfactory proof that such Blanket Policy complies in all respect to the wovisions of this Lease and the coverage that would be provided under a separate policy covering only the Leased Premises, Each sack poky shall be issued by insurers of recognized responsibility licensed to do business m the State of Illinois and acceptable to binding owner. 6.3 Lessor ail Lessee each hereby waive all claims for recovery or from the other or rights of subrogation against the other for any loss or damage to the Leased Premises except as may be otbawise provided in 3 this Lease or to the contents of the budding located an said Leased Premises where such loss or damage is insured by a valid and collectible insurance policy but only to the extent of any amount recovered from such insurer with respect to such loss; subject to the condition that this waiver shall be effective only when the waiver is permitted by such insurance policy and does not invalidate same. Article T. RENOVATION OF PSEJUSES. 7.1 The Lesser and the Lessee adm wledge that renovation and alterations to the Leased Premises are required to accommodate Lessee's use of the Leased Premises for its intei parpose. The Lessor has agreed to fund initial renovations, including UIC, to be completed prior to lessee occupying budding. Unit B will be in move-in condition. Lessor will provide video monitors for the 1730 entrance and adjacent hallway. Unit C will have Heating unit installed, but otherwise be in "as is" condition. Lessor and building owner shall have the right to approve any and all alteration to be made by Lessee in or about the Leased Premises. 72 Attached hereto as Exhibit C is a general plan for the initial remodeling of the Leased Premises and the parties agree to abide by such plan. 7.3 Lena and owner shun be responsible for complying with all municipal budding odes and ordinances, including without limitation, the American Disability Act, all heading, air conditioning, ventilation, electrical, plumbing and mechanical systems will be delivered in good operating condition and in compliance with all municipal and other building codes. Article 8. CONDMOA RtdaIUTEIMCE tilde! OEPdtiM 8.1 Lessee will provide resources acceptable to PADS or pay 50% of the repair and maintenance of the Leased Premises, including its cempanmt parts and mechanical systems all interior plumbing equipment and water piles, sewer and gas pipes, drains, fixtures, lighting, electrical, heating, air-conditioning, cooling ail refrigeratiou equipment and all other equipment, apparatus and appartmances to the Leased Premises and win keep the Leased Premises in a clean, healthful ail safe condition aid in accordance and in compliance with all applicabk laws, ordinances and other governmental regulations, order and directions during the term of this Lease. 81 Any damage to, or destruction of or repairs or replacements necessary to the Leased Premises directly or indirectly occasioned by or attributable to any act or omission of Lessee or any agent, servant, employee, or invitee or Lessee shall be promptly repaired, restored or replaced by Lessee at Lessee's sole cast and expense. Should Lessee fail or neglect to make such repairs, restoration or replacement promptly with or without notice from Lessor to do so, Lessor shall have the right to make all such necessary repairs, restorations or replacements at Lessee's expense and the teats of such, together with interest thereon as hereafter provided, shall become additional rent payable in fun en the first day of the month Wlow* the completion of such repairs, restoraboi w replacements. 8.3 Budding owner shall provide to PADS aid Lessee the following services Refuse removal 4 i Heal estate tau protest, Fire alarm monitoring, maintenance and repair and telephone line. Snow plowkg and salting. Landscaping. Common area utilities. Exterior lighting maintenance. Parking lot sealing and coating expense and stripping expense. Fire sprinkler test. Back flow preventer test Lessee agrees to pay thirty percent WA) of such costs as are related to the Building- Common Area Raintenance (CM. At the present time Lessee's share of sack costs would be Eighteen Hundred sixty two Dollars ($1,862) per year ROOT). Building owner reserves the right to adjust the aforementioned fig= to reflect annual increase in costs. Lessor shall invoice Lessee for such common area expense semi-annually. Lessor to provide Lessee with owner's receipts for charges paid for all of said services upon reasonable request. Lessee shall have the right to audit payments for all expenses listed herein. Article 9. IITILITT CHARGES. Lessee will, in addition to the rent above specified, pay S►O% of all water and sewer charges, taxes or rents, beating and air couditaaing energy costs, gas, electric, light and power bill and other utility bills levied on the Leased Premises. Article 18. ALTERATIONS END I>NPROVEiIEATS. 14.1 Except as otherwise permitted herein, Lessee shall not during the term of this Lease, make any structural or non-structural alterations, modifications, additions or deletions to or from the Leased Premises thereinafter "Alternations") whatsoever, without in each instance the prior written count of Lessor and building owner. Building owner shall give reasonable consideration to any request of Lessee to make any such Alterations if Lessee first shall have strictly complied with the fo kwing terms and conditions: (a) Lessee shall furnish to Lessor plans, specifications and working drawings covering any and all such proposed Alterations, for approval by Lessor, which approval sill not be unreasonably withheld or delayed by Lessor or building owner, so long as (1) such plans, specifications, and working drawings comply with all applicable municipal ordinances, and the rates, regulations and requirements of proper municipal officers promulgated pursuant thereto, (2) the. Alterations contemplated by such plans, specifications and working drawings will not in the sole discretion of building owner, canoe the value or usefakuess of the Leased Premises to 5 diminish or impair the sttnctaral integrity of the Leased Premises, and (3) such Alterations will not, in building owner's sole discretion, materially change the nature of character of the Leased Premises, will not decrease the desirability of said Leased Premises for future rental, and will not result in same not being in conformity with the existing zoning and bugle' g laws, codes, ordinances and regnlatioaa. (b) Lessee shall provide Lessor with all required permits, licenses and approvals issued by appropriate governmental units approving all Alterations to be completed. (c) Lessee shall provide Lessor with a schedule showing the total price of doing such alterations and a detailed breabdm of all costs involved in such work (d)' Law shall provide owner with a contract with a bondable general contractor reasonably acceptable to Owner, needing only Lessee's execution thereen to be binding, porsuant to which said contractor contracts to nude the alterations shown in tie plans and specifications described in subparagraph (a) hereof for the price described in the s"ule provided pursuant to subparagraph (c) hereof. (e)*Lessee shall have demonstrated to owner's satisfaction the source or sources of funds necessary to pay for sari Alterations. (Q*Lessee shall furnish Lessor with certificates of insurance from all contractors performing labor or famishing material insuring Lessor against any and all liability which may arise out of or be coaaected in any way with such alterations. (q) Lessee shall be entitled to make non-structural alternations without the buffing owlet's prior written consent provided that such alteration is made in a commercially reasonable manger and has an aggregate cost not to exceed Five lionsand Dollars ($5,000). *Sabparagraphs (d), (e), and (f) will only apply for alterations with aggregate cost over $5,x00. 102 Any such Mentions performed by Lessee shall be in quality at least equal to the original construction of the Leased Premises when the same was constructed, shall comply with all insurance requireotents ad shall comply with all applicable lags,regulations, ordinances and codes of all public authorities having Jurisdiction thereover, and shall be done free and dear of all liens or claims for liens. Sabject to paragraph 10.3 below, all sack imprevaeuts resulting from such Akeratioos shill, at the terminatiu or expiration of this Lease, become the property of Lessor and remain with the Leased Pretatiims. 10.3 At the term®atiog of this Lease, whether by lapse of time or otherwise, without compensation, allowance or credit to Lessee, Lessor may, but shall not be obligated to, require Lessee to remove from the Leased Premises any or all improvements asst Alterations made by Lessee. If Lessor requests that any of such improvements or alteration be so removed and Lessen refues to do so, Lesser may remove or arse the removal of the same awl the ezpease to Lessor therefor, together with interest as hereafter provided shall become so much additional rent due hereunder. Article 11. SIGNS. Lessee my install one (1) exterior sign on the Leased Premises provided it is installed in such a manner so as ut to cause damage to walls or strocUM members of the Building and that same are in compliance with all Deal graphics, zoning and building ordinances. article It SMMEADEg OF P1REKISES. 6 12.1 Upon A,toilation of this Lease, whether by forfeitare, lapse of time or otherwise, or upoa the termination of Lessee's right is possession of the Leased Premises, Lessee will at once surreader and diver upon the Leased Premises, together with all improvements which were located thereon at the inception of this Lease and all improvements placed th"'by Lessee in good condition and repair, (reasonable wear and tear which is not required to be repaired by Lessee in this Lease excepted). Said improvements shall include all plumbing, lighting, electrical, heating, coo* Meal in fixterts and egopmat aid articles of personal property used in the operation of the Used (as distinguished from operations incident to the business of Lam), together with all duct work Ell ink,i hardware, an-trade fixtures and all improvements, temporary or pernasmat, in or upon the Leased Premises apes igh termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to less except that Lessor may require the removal of all improvements made by Lessee as provided elsewhere in this! e. 122 Upon the tion of this Lease by lapse of time, Lessee may remove Lessee's trade fixtures and all of Lessee's W=W and equipmenty provided, however, that Lessee shall repair any injury or damage to the Leased Premises which y result from such removals. If Lem does not remove Lessee's furniture, macbmerp, trade fixtures and all Wwr of penal property of every Had and description from the Leased Premises prior to the ead of the term, ver ended, Lessor may, at its option, remove the same and deliver the same to any other place of business of Im warehouse the same, ad Lessee shall pay the durst of such removal (including the repair or any injury or to the Leased Premises resulting from such removal(, delivery and warehousing to Lessor on demand, or may treat such property as having been conveyed to Lessor with this Lease as a Bill of Sale, without farther pa eat or credit by Lessor to Lessee. article 11 NOTICES. any notice or permitted a der this Lease shall be deemed 'safficreetly given or served if personally delivered or delivered by certified mai �retura receipt requested) to the parties as follows and either party may, by like notice, at any time and from time t time designate a differeat address to which notice shall be sent If to r; PADS of Elgin, Inc. 1730 Berkley Conn E}g* IL 60123 If to lassee. Wayside Cross Center 1732 Berkley Court Elgin, IL 60123 Any notice mailed by c mail as required above shall be conclusively deemed to have been received by the addressee on the sec ad bosizess day following the date of such mailing. article 14. 6S. The headings of the several sections contained herein are for convenience only and do not limit or coutrue contents of such sections. articde 15. s OF LESSOR. Lessor resents aid warrants )a) Lessor has fall power and authority to execute and rm this Lease aid to t the estate demised here' and that if Lessee shall P� �, !b) 7 faithfully perform all of its obligations under the Lease to be performed, Lee shall peaceably and quietly have, hold and enjoy the Lased Premises and all appurtenances during the fall term of this Lease and any renewal hereof. Article 16. IlD'MQIM OF LESSEE. Lessee represe is and warrants (i) that it has been duly authorized by its shareholders ad directors to execute this Lease and to perform the covenants set forth therein and (iii) that a certified copy of such enabling resolutions of said shareholders and directors shall be delivered to Lessor simultaneously with the execution of this Lease by Lessee. Article 17. V&MM DEPOSM To secure the fai*W performance by Lessee of all of the covenants, conditions and agreements in this Lease, Lessee shall deposit with Lessor two mouth's rent. Lessor may apply such security deposit to care any default by Lessee under the terns of this Lease that may exist from time to time, without prejudice to any other remedy or remedies that the Um nay have Upon termination of this Lease, Lessor shall retnra to Lessee any enured portion of the security deposit widds thirty (30) days after the date of terniaation. IN WMCS WHEMF, the parties hereto have set their bands and seals oa the date first written above. LESSEE: USSR Wayside Cross t;Y. P.LD.S OF ELGIN, INC. By: BT et . � /L .�C�31 ear EYMff "A" LEOU DESCRIPTION OF DEMING The West 151.69 feet of Let 3, of Block B of Bwz*e Brothers industrial Park, Blocks A anal B of Unit 1 described in Document 1604022 and lSl!3338, Erin Township, Kane County, Illinois. 8 EXSIBIT D PADS and Wayside'OPERATIONS The following represents the intended uses of the Berkley Road facility by PADS and Wayside Cross Ministries during the dam • Administrative offices for PADS staff(2-3 there on a regular basis) and fox Wayside Cross Ministries staff(3-5) • Wayside day services include serving light meals/refreshments,counseling, bible studies and group sessions. • Meeting rooms for individual medical or counseling sessions 9 • Conference room for administrative or small group meetings • Dining area for eating meals (food will be brought in and warmed up in the small food preparation area). This dining area will also accommodate large group meetings. • Lavatories and Showers for guests • Laundry facilities for guests and a separate laundry for dormitory linens • Lockers for guests'personal belongings Occasionally,there may be a seminar,training or workshop including guests,staff and others from the community 10 d file;: EXIIIBH B ASSURANCES The SUB-RE C:°IPII NT hereby assures and certifies that it will comply with the regulations,policies.guidelines and requirements with respect to the acceptance and use of('13136 funds in accordance with the ACT and City of Elgin policies. Alga,the SUB-RECIPIENT certifies with respect to the grant that: I. It possesses legat authority to make a grant submission to the C av and to execute a community development and ltousint program; 2. Its -overning body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified its the official represemative {?t' 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 inf«rniation as may be required. 3. Prior to submission of its application to the City,the SUB-RL.-CIPIENT has: 1A) Met the citizen participation requirements of-5770.301(b)and has provided citizens with: (I) °The estimate of-the amount of CDBG funds proposed to be used for activities that u ill benefit persons of low and moderate income, and (2) its plan tier minimizing displacement ofpersons as a result of'actiyities assisted with CDBG funds and to assist persons actually displaced as it result of such activities, (B) Prepared its application in accordance with the policies of tile. City of Elgin and made the application available to the public: 4. The grant will be conducted and administered in compliance with: (A) "title V1 of the Civil Riglits :pct o! 1964 (Pub. L. SS-35? 42 U.S.C. Sec 2()(9)d et seq.) and implementing regulations issued at 24 CFR Part 1, (B) Title Vlll of the Civil Rights Act cif 1968 (Pub. L. 90-208), as amended. and that the SUB- RECIPIENT will administer all programs and activities related to housing and community deNelopment in a :canter to aftinnatiyely further fair housinW: (C) Section 109 of the Elousing and Community Dc-%elopmem Act of 1974, as amended: and the regulations issued pursuant hereto: (D) Section 3 of the Itousing and titian Development filet of 1966,as mended: (E) Executive Order 1 1246-Equal Opportunity. as amended by LAecutive Orders 11375 and 12080, and implementing regulations issued at 41 CFR Chapter Cite: (F1 Executive Order 1 1063-Equal Opportunity in llousing.as amended bti I:ixecutiv e Order 12259,and implementing regilations at 24 UFR Part 107; Page t2 of 17 (Cs) Section 504 of the Rehabilitation Act of 1973 (Pub. I_ r)3-112)_ as amended, and implementing regulations when published in effect; (14) The Age Discrimination Act of 197+(Pub. I_. 94-135),as amended.and implementing regulations when published for effect. (1) The reloc2Ltion requirements oC -111c 11 and tine acquisition raquirernents of'-l'itle III of the Uniform Relocation Assistance and Reel Property Acquisition Policies Act of 1970, as amended. and the implementing regulations at 24 C I:R Part 42,as required under 2-I (,'FR 570.606: (J) The labor;standards requirements as set forth in 24('FR Part 5 710. Subpart K and HUD regulations issues to implement such requirements: (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 1173`1 relating to the prevention, control and abatement of water pollution: (1_) The flood insurance purchase requirements of Section 1020)of the Flood Disaster Protection Act of 1973(Pub. L 93-234): (M) The Fair Housing Act(42 U. S.C. 360)-20): �. Its notification.inspection.testing and abatement procedures concerning lead-based paint will comply with 570.601;and 24 CiR Part 35: and 6. When a grant is in excess of Sl1)0.000 it will comply with all applicable standards,orders,or requirements issued under Sectijon 308 ofthe Clean Ali, ;lit(42 U.S.C. 1857(h),Section 508 ofthe Clean Water Act(33 U.S.C. 1368). Executive Order 11738,and Environmental Protection Ageltcy regulation(40 C FR 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.JIM and to the A[:SOP Assistant Administrator for Friforcement (1 N-329). It has developed its applieatiot7 so as to give maximum feasible priority to activities which benefit low=and moderate income families or aid in the prevention or elimination of'shuns or blight, (the application may also include activities which the SL"13-RECIPIENT certifies are designed to meet other conitnunity development needs hai ing a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and ether financial resources are not available). 8. It is following the current Cite of Hein Consolidated Plan w=hich has been approved by HUD pursuant to 570.306: and 9. it VVill not attempt to reco�cr any= capital costs of public improvcnaents assisted in whole or in part with funds provided under Section 106 of the AC'T or with amount resulting front a guarantee under Section 108 oft lie ACT by assessing any.amount against properties owared and occupied by persons of low and moderate income, including any fee charged or assessinent male 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 ara financed from revenue sources rather 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 Sf.5B-RECIPIE:NT certifies that it lacks sufficient funds received under Section 106 of` the AC"h to comply with the requirements of .subparagraph(I)above. l0. The SUJI-RECIPIFNT certifies that it will provide a drug-free workplace by: Nee 13 of 17 (A) Publishing a statement notifving employees that the unlawful manufacture, distribution. dispensing, possession or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace find specifying the actions that will be taken against employees fir violation of such prohibition; (B) Establishing drug-free awareness program to inform employees about: (1) `Che dangers of drug abuse in the workplace: (2) Tile SI 13-RECIPIENT'S policy of maintaining a drug-tree workplace:. (3) Anv available dru,_counscling, rehabilitation.and employee assistance pro crams,and (4) The penalties that-may tv imposed upon c:mplorces for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to 4e etwaged in the performance of the grant be given a copy of the statement required by paragraph(A): (D) Notifying the._cmpfoyee 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 far a violation recurring in the workplace no later than tive clays after such conviction; I E) Notifying the City of Elgin's Community Development Department a ithin ten (10) days after receiving notice under subparagraph(D)(')from an employee or otherwise receiving,actual notice of such conviction.- (F) Taking one of the follow ing actions.within 30 days of recciviatg notice;under subparagraph(D)(?), with respect to any°employee who is so convicted: (t) 'faking 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. ((1) Making a good faith effort to continue to maintain a drug-free workplace through implementation ofparagraphs(A). (B) (C'), (D),(E)and (I=). t I. It has adopted and is enforcing;a policy prohibiting the use ofexcessive force by law enforcement agencies w ithin its jurisdiction against any individuals engaged in nom iolent civil rights demonstrations. In regards to lobbying,the SUB-R7=CIP1I NT certifies- (A) No Federal appropriated funds have been paid or vill be paid. Ivy or on behalf of' the SUB- RECIPIENT, to any person for influencing or attempting to influence an otlicer 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 Fedeml contract., the making of any Federal grant,the making;of any Federal loan,the emering into ofany cooperative agreement,and the extension, continuation. renexa al, amendment, or modification ofanv Federal contract. grant. loan.or cooperative agreement. Page 14 of 17 I i (B) If any fund ether than Federal appropriated funds have been paid or will be paid to any person for influenemg� or attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of C.'onLre.,S, or an employee of a Member of Congress in connection�Nvith the Federal contract, grant, loan, or cooperative a-reernent, the undersigned shall complete and submit Standard Forin-LI.L.. "Disclosure Forin it.) Report Lobbying," in accordance with its instructions. (C') The SUB-RECIPIF N1 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 cooperati%e axgreements) 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 (Iris 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 tai lure. Pa«e 15«f 17 FXIIIBITC II �oxnniuniiy Development Block, Grant Program City of Eli�itf "fie undersigned understan&�and agrees that it is a St".13-RECIPIENTofthe Conin-wility De\clopillent Block Grant I - Program of the City of Elgin The Undersigned also agrees, there shall he no disc riminal ion ni-milist ally employee who is emplo-,ed in carrying�lout work from the assistance received front the City off-Igill and the Department of Housing and Urban Develop, ent. Or against any applicant for such employment. I-weause of race. color. religion, sex, age or national orioin. i 'cludine but not limited to emploNincrit, upgrading. demotion or transfer: recruitment 'alioW and election for or recrurtilient advertising, I y off or termination, rates of poly or other forms of conipens s training, including apprentic'ship. The SUB-RECIPIENT furth r agrees to the following: H i It will incorporate t cause to be incor-liorated into any grant contract. loan. grant insurance or guarantee I,C r involving Federallylassisted construction work. or modification thereof which is paid lor in whole or in Pall with funds obt4ned from the Community Development Block Grant program, the langmage contained in HUD Equal Em oviient Opportunity I Regulations at 42 CFR 130.151b). in Executive()rder 11246. as q amended by Execut ve Orders 1137-3 and 12006.and implementing regulation4 issued in 41 CFR Chapter 60, 12) It v,ill be bound b Said equal 0J)P0T71LlnitV clause with respect to its own ernployinclit practices when it participates in any 'orriniunity Development Block Grant Program construction. (3) It will assist and ooperate actively \k,lll the (,Ilv ot, the Department of Housing and Urban Development and he Secretar-y of Labor in obtaillitiL, the compliance of contractors and subcontractors with tile equal opp rrunity ClaUSC and the rules, regulations and relevant orders of the Secretary of Labor. 14) It will furnish the pity of FlAyin, the Department ofliousing, and Urban Development and the Secretary of Labor such inforn tion as they mazy require for the supervi.,lon of such compliance. and will otherwise assist the�(IllitivilolfTt-'. gilt and the Department of Housing and Urban Development in the discharge of primary' responsibility fors curing compliance. It~wilt refrain fron entering into any contract gar contract modification subject to Executive Order 11246 of September 24, 1 65, kvith a contractor debarred from or who has not demonstrated eligibility for government contr,cli and federal]%- assisted construction contracts pursuant to the Executive Order. (6) It\vIll carne out su It sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors nd subcontractors by the Secretary of Labor. tile City of Elgin Or the Department of I lousing and Urb n Dexclopincin, 7► In the event that S J13-RECIPIEN-1 f.ails or refuse.,to comply wifli the undertaking.the(City of Eight.or the Department of H using and I.Jrban Development may take any, or all of the following actions-. cancel, terminate or susp rid, in whole or in part, this grant, refrain from extending any further assistance to the S U 13-R E`,Cl 111 E N' until satisfactory assurance of uture compliance has been received, and refer the case to the Departmen Of HOUSIM-1 and Urban Dexelopincrit 60r appropriate legal proceedings. Page 16 of 17 I;, SL-B-R.E:CIPIENT: Wayside Cross Ministries 17y rkley Street. Erin,Illinois. 60122 Phil Woca d. Director DATE: ATITST: t'a�e 17 of 17 Resolution No. 15-167 RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENTS FOR FISCAL YEAR(FY) 2015 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 on behalf of the City of Elgin, with each of the following grant subrecipients, a copy of which is made a part hereof by reference: 1. Senior Services Associates, Inc., in an amount of$36,000, for rental assistance regarding the lease of the facility at 205 Fulton Street; 2. P.A.D.S. of Elgin, Inc., in an amount of$50,000, for rental assistance regarding the lease of the facility at 1730 Berkley Street; 3. Wayside Cross Ministries, in an amount of $31,100, for rental assistance regarding the lease of the facility at 1732 Berkley Street; 4. H.O.P.E. Inc., (a.k.a. Hope Fair Housing Center), in an amount of$7,283, for fair housing programs and services; 5. Kane County, in an amount of$50,000, for the Kane County Lead Based Paint Hazard Control (LBPHC)Program; 6. Habitat for Humanity of Northern Fox Valley, in an amount of$25,000 to replace the roof at their facility at 56 South Grove Avenue; 7. The Young Women's Christian Association, Elgin Illinois, in an amount of$75,000, for the Building Space Diversification Project, Phase 11 at their facility at 220 East Chicago Street; 8. Community Crisis Center Inc., in an amount of $25,000, for foundation and HVAC improvements at their facility at 37 South Geneva Street; and 9. Association for Individual Development, in an amount of $25,000, for accessibility renovations at their group homes at 1482 Maple Lane and 974 Hillcrest Road in Elgin. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 16, 2015 Adopted: December 16, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis,=City Clerk` -2 - COMMUNITY DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN CITY OF ELGIN,ILLINOIS AND ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC. THIS AGREEMENT is entered into on , by and between the City of Elgin, Illinois (herein called the"City'), and Association for Individual Development, Inc. (herein called the"Project Sponsor") which has the following DUNS Number:07-457-3700. WHEREAS,the City applied for Community Development Block Grant(CDBG)funds in Federal Fiscal Year 2015 from the United States Government under Title I of the Housing and Community Development Act of 1974 (herein called the"Act"), Public Law 93-383;and WHEREAS,the Catalog of Federal Domestic Assistance(CFDA) Number for said funds is 14-218 and they were awarded by the U.S. Department of Housing and Urban Development(herein called "HUD")on June 1,2015, as Award Number B-15-MC-17-0011 for the City's 2015 Program Year;and WHEREAS,the City wishes to engage the Project Sponsor in the utilization of said funds,which shall not be used for Research and Development. NOW,THEREFORE,the parties agree to the following: I. STATEMENT OF WORK A. Project Description,Tasks, Schedule,and Budget The Project Sponsor shall complete the project described in Exhibit A. Funds provided herein shall be used in the manner described in said exhibit,which includes a description of the project,the tasks to be performed by the Project Sponsor, a schedule for completing the tasks, and a project budget. B. National Objectives The City has determined that the project identified herein meets one of the Community Development Block Grant Program's National Objectives as defined in 24 CFR 570.208.The Project Sponsor shall not make changes to the project, including its scope, location,or budget,without the City's prior written approval. C. Level of Accomplishment The Project Sponsor shall be responsible for completing the project identified herein and shall make all documentation associated with the completion of the project available for inspection by the City and representatives of HUD. D. Staffing The Project Sponsor will be responsible for all normal administrative services and expenses not funded under this Agreement but required in order to undertake the project identified herein. i E. Performance Monitoring The City will monitor the performance of the Project Sponsor against goals and performance standards established herein.Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such noncompliance is not taken by the Project Sponsor within the period of time specified by the City in its notification to the Project Sponsor,the City may initiate suspension or termination procedures. II. TIME OF PERFORMANCE The work being performed by the Project Sponsor hereunder shall be completed according to the project schedule contained herein.This Agreement shall terminate 60 days after the project completion date. In accordance with the amendment procedures set forth in Paragraph VI, however,the term of this Agreement and the provisions herein may be extended to cover any additional time period during which the Project Sponsor is in control of CDBG funds or other assets, including program income. III. FUNDING In consideration of the project to be completed by the Project Sponsor hereunder,the City shall pay to the Project Sponsor up to$32,978.00 in CDBG funds received from HUD.Said funds shall be used by the Project Sponsor for the payment of expenses eligible under the CDBG program and specifically listed in the project budget contained in Exhibit A.The total amount disbursed by the City, however,shall not exceed the City's proportional share(82 9/.)of the actual cost of the project described in Exhibit A. Payments are contingent upon the Project Sponsor's compliance with all applicable uniform administration requirements as set forth in 24 CFR 570.502.The Project Sponsor agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. IV. NOTICES Communication and details concerning this Agreement shall be directed to the following individuals: CITY PROJECT SPONSOR Chris Dall, Project Manager Christie Plotzke, Grants Specialist Kane County Office of Community Reinvestment Association for Individual Development 719 South Batavia Avenue 1135 Bowes Road Geneva IL 60134 Elgin IL 60123 Phone: 630-444-3048 Phone:847-931-2292 Email:dallchris((Dcountyofkane.org Email:cplotzke(a)the-association.orR V. GENERAL CONDITIONS A. General Compliance with Federal Regulations The Project Sponsor agrees to comply with all applicable requirements of 24 CFR 570 concerning CDBG funds,all applicable portions of OMB's Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards,and all other federal requirements and policies issued pursuant to federal regulations, including, but not limited to,those set forth in Sections Vlll, IX and X of this Agreement.The Project Sponsor shall be responsible for complying with all applicable changes or -- additions to the requirements currently set forth in said regulations.The Project Sponsor agrees to comply with all other applicable federal,state and local laws and regulations governing the funds provided under this Agreement. 2 B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner,create or establish the relationship of employer/employee between the parties.The Project Sponsor shall, at all times, remain an independent contractor with respect to the services to be performed under this Agreement.The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance as the Project Sponsor is an independent contractor. C. Hold Harmless The Project Sponsor shall hold harmless, defend, and indemnify the City from any and all claims, actions,suits,charges and judgments whatsoever that arise out of Project Sponsor's performance or nonperformance under this Agreement. D. Workers' Compensation The Project Sponsor shall ensure that Workers' Compensation Insurance coverage is provided for all employees involved in the performance of this Agreement. E. Insurance&Bonding The Project Sponsor shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft,fraud and/or undue physical damage,and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City.The Project Sponsor shall comply with the bonding and insurance requirements of OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Funding Disclosure The Project Sponsor shall credit the City and HUD for funding the project identified herein by including the following statement on any sign that may be erected at the project site,and in any promotional material that may be published in connection to the project: "Support for this project has been provided by the City of Elgin, through its Community Development Department, with federal funds from the U.S. Department of Housing and Urban Development." VI. AMENDMENTS The parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,are executed in writing, and are signed by a duly authorized representative of both parties and approved by either party's governing body to the extent required by state law, local charter or otherwise. In addition,the City may, in its sole discretion,amend this Agreement to conform to federal, state or local governmental guidelines, policies and available funding amounts. However, if any such amendments result in a change in the funding,the scope of services, or the scheduling of services to be undertaken as part of this Agreement such modifications will be incorporated only by written amendment signed by both parties. VII. SUSPENSION AND TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party at least thirty(30)days before the effective date of such termination. However,any partial termination of the work to be performed under this Agreement may only occur with the prior approval of the City.The City may also suspend or 3 terminate this Agreement, in whole or in part, if the Project Sponsor materially fails to comply with any term of this Agreement,or with any of the rules, regulations or provisions referred to herein. In such event,the City may declare the Project Sponsor ineligible for any future participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Project Sponsor is in noncompliance with any applicable rules or regulations,the City may suspend payment of Agreement funds until such time as the Project Sponsor is found to be in compliance by the City or is otherwise adjudicated to be in compliance. In the event of any termination,all finished or unfinished documents,data, reports, maps, models, photographs or other materials prepared by the Project Sponsor under this Agreement shall, at the option of the City, become the property of the City. In the event of termination,the Project Sponsor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the termination.The City shall be entitled to the repayment of any payments made to the Project Sponsor over and above that to which it is entitled as just and equitable compensation for satisfactory work completed. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Project Sponsor agrees to comply with OMB's Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards and adhere to the accounting principles and procedures required therein,to utilize adequate internal controls,and to maintain necessary source documentation for all costs incurred. 2. Cost Principles The Project Sponsor shall administer its program in conformance with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,as applicable,for all costs incurred. B. Documentation and Record Keeping 1. Records To Be Maintained The Project Sponsor shall maintain all records required by federal regulations as specified in 24 CFR 570.506,as they are pertinent to the activities to be funded under this Agreement.Such records shall include, but not be limited to: a. Records providing a full description of the activity undertaken; b. Records demonstrating that each activity undertaken meets one of the national objectives of the CDBG program, as set forth in 24 CFR 570.208; namely, benefiting low/moderate income persons,aiding in the prevention or elimination of slums or blight,and meeting community development needs that have a particular urgency; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvements, use or disposition of any real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program to the extent applicable; f. Financial records as required by 24 CFR 570.502;and g. Other records necessary to document any required compliance with 24 CFR 570.600-570.612. 4 2. Retention The Project Sponsor shall retain all records pertinent to expenditures incurred under this Agreement for a period of five(5)years after the termination of all activities funded under this Agreement,or after the resolution of all federal audit findings,whichever occurs later. Records for non-expendable property acquired with funds under this Agreement shall be retained for five(5)years after final disposition of such property. Records for any displaced person must be kept for five(5)years after he/she has received final payment. Contact the City before disposing of any records related to this Agreement. 3. Client Data The Project Sponsor shall maintain client data demonstrating client eligibility for services provided and any other demographic information requested in the City's quarterly performance report. Such data shall include, but not be limited to,client name,address, income level (or other basis for determining eligibility),demographic information,and description of service provided.Such information shall be made available to the City monitors or their designees for review upon request. 4. Disclosure The Project Sponsor understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly in connection with the administration of the City's or the Project Sponsor's responsibilities with respect to services provided under this Agreement is prohibited without the written consent of the resident involved and, in the case of a minor,that of a responsible parent/guardian, except to the extent such use or disclosure is required by applicable federal,state or local law. 5. Property Records The Project Sponsor shall maintain real property inventory records,which clearly identify any properties purchased,improved or sold with project funds. Properties retained shall continue to meet eligibility criteria and shall comply with the "changes in use"restriction specified in 24 CFR 570.503(b)(8). 6. National Objectives The Project Sponsor agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the CDBG program's national objectives(benefit low/moderate income persons; aid in the prevention or elimination of slums or blight;and meet community development needs that have a particular urgency)as defined in 24 CFR 570.208. 7. Close-Outs The Project Sponsor's obligation to the City shall not end until all close-out requirements are completed, as set forth in 24 CFR 570.509.Activities during this close-out period shall include, but not be limited to, making final payments,disposing of program assets(including the return of all unspent cash advances and program income balances to the City),and determining the custodianship of records. 5 I 8. Asset Reversion Upon expiration of this Agreement, the Project Sponsor shall transfer to the City all grant funds in its possession, and any accounts receivable of the project attributable to grant funds. At the time of project closeout,the City shall determine the appropriate disposition of any equipment purchased with funds provided herein.The City shall permit the Project Sponsor to retain title to such equipment, if the Project Sponsor assures the City that it intends to continue the project for a period of not less than five years following closeout. 9. Audits The Project Sponsor shall comply with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,and shall obtain,at its own expense, any required audit(s).Audits shall be performed by an independent auditor in accordance with generally accepted governmental auditing standards covering financial and compliance audits. Audits shall include, in addition to the financial statement(s) of the Project Sponsor, auditor's comments regarding the Project Sponsor's compliance and internal controls pertaining to the expenditure of grant funds.The Project Sponsor shall submit one certified copy of each required audit report to the City no later than six months following the close of the Project Sponsor's fiscal year for single audits;and not later than six months following project closeout for grant audits. 10. Records Inspections All of the Project Sponsor's records with respect to any matters covered by this Agreement shall be made available to the City, or its designees,or HUD, or its designees, at any time during normal business hours, as often as deemed necessary, in order to audit, examine,or make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be fully cleared by the Project Sponsor within thirty(30)days after receipt by the Project Sponsor. Failure by the Project Sponsor to comply with the above requirements will constitute a violation of this Agreement and may result in the withholding of future payments.Specifically,all rights and remedies regarding performance reviews as set forth in 24 CFR 570.900-570.913 shall be available to the City and to HUD or their designees. C. Reporting and Payment Procedures 1. Payment Procedures In consideration of the work performed hereunder, the City will pay the Project Sponsor with CDBG funds available under this Agreement for eligible costs,consistent with the project budget contained herein(see Exhibit A),and based on requests submitted by the Project Sponsor on forms provided by the City.Such requests shall be accompanied by the appropriate receipts, invoices,canceled checks,and/or other documentation required by the City.The Project Sponsor may not request the disbursement of CDBG funds under this Agreement until the funds are needed for the payment of eligible costs.The amount of each request must be limited to the amount needed for such costs at the time the request is submitted to the City.Advance disbursements of CDBG funds are not permitted under this Agreement. The presentation of requests for the disbursement of CDBG funds on the part of the Project Sponsor shall constitute a warranty and representation by the Project Sponsor to the City 6 i II that the amounts requested are elements of the project budget contained herein;that all such amounts are required for the payment of eligible costs that were actually incurred by the Project Sponsor;and that the Project Sponsor will use the amounts requested only for eligible purposes under this Agreement. Prior to any disbursement of CDBG funds by the City, it reserves the right to perform an independent review of any and all documentation and/or inspect the project site(s)to independently determine that such disbursement is justified. If the City is dissatisfied with the documentation submitted,or the status of the work performed hereunder,it may require the Project Sponsor to submit further documentation or perform additional work before it makes any further disbursements under this Agreement.The City reserves the right to reduce funds available under this Agreement for any costs incurred by the City on behalf of the Project Sponsor to complete the project to the City's satisfaction. Finally,the City shall not be required to make any disbursements of CDBG funds to the Project Sponsor if the City is not legally capable or permitted by law to make such disbursements. 2. Program Income Program income,as defined at 24 CFR 570.500(a),generated by activities carried out with CDBG funds made available under this Agreement,shall be remitted by the Project Sponsor to the City within 30 days of receipt by the Project Sponsor. 3. Indirect Costs If indirect administrative costs are charged,the Project Sponsor will develop an indirect cost allocation plan for determining the appropriate share of administrative costs and shall submit the plan to the City for approval prior to the City's payment of any such costs. 4. Performance Reports The Project Sponsor shall submit quarterly performance reports to the City, using forms provided by the City,for the duration of this Agreement.Said performance reports shall be submitted according to the following schedule: a. Report for June 1 through August 31 due on September 15; b. Report for September 1 through November 30 due on December 15; C. Report for December 1 through February 28/29 due on March 15;and d. Report for March 1 through May 31 due on June 15. D. Procurement 1. Standards of Procurement The Project Sponsor shall comply with applicable federal,state,and local requirements regarding contracting and the purchase of goods and services necessary to complete the project identified herein.The Project Sponsor shall obtain the City's approval prior to publishing bidding notices,distributing bidding documents,and executing contracts and change orders necessary for the completion of said proiect.The cover page of all bid packets for work financed with funds provided herein shall bear the following statement(s): "This contracting opportunity has been made possible,in part,by the City of Elgin, through its Community Development Department, with federal funds provided by the U.S. Department of Housing and Urban Development. Section 3 Businesses and Minority/Women-Owned Businesses are encouraged to bid on this project."If applicable,such statement shall be followed by the following: "Federal prevailing wage requirements apply to this contract." The Project Sponsor shall maintain an inventory record of any non-expendable personal property procured with funds provided herein.All program assets(unexpended program income, property, equipment, etc.)shall revert to the City upon termination of this Agreement in accordance with Section VIII. B. 8. of this Agreement. 2. Travel The Project Sponsor shall obtain written approval from the City for any travel expenses it intends to cover with funds provided under this Agreement. 3. Relocation,Acquisition and Displacement The Project Sponsor agrees to comply with 24 CFR 570.606 and OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards relating to the acquisition and disposition of all real property utilizing grant funds and to any displacement of persons, businesses,non-profit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.The Project Sponsor further agrees to comply with any applicable ordinances, resolutions and/or policies concerning displacement of individuals from their residences. IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Project Sponsor agrees to comply with all the requirements set forth in 24 CFR 570.600, including, but not limited to,compliance with Title VI of the Civil Rights Act of 1964,as amended,Title VIII of the Civil Rights Act of 1968,as amended,Section 109 of Title I of the Housing and Community Development Act of 1974, Executive Order 11063, and Executive Order 11246, as amended by Executive Order 12086.The Project Sponsor also agrees to comply with all applicable provisions of the Americans with Disabilities Act of 1990. 2. Nondiscrimination The Project Sponsor will not discriminate against any employee or applicant for employment because of race, color,creed, religion, ancestry, national origin,sex,disability or other handicap, age, marital status,or status with regard to public assistance. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L.88-352)and 24 CFR 570. With regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement,the Project Sponsor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental,or in the use or occupancy of such land,or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants.The Project Sponsor, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 8 4. Section 504 The Project Sponsor agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)which prohibits discrimination against the disabled in any federally assisted program.The City shall provide the Project Sponsor with any guidelines necessary for compliance with that portion of.the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Project Sponsor agrees that it shall be committed to carrying out, pursuant to the City's specifications, an Affirmative Action Program in keeping with the principles as provided in Executive Order 11246 of September 24, 1965.The City can provide affirmative action guidelines to the Project Sponsor to assist in the formulation of such a program. 2. W/MBE The Project Sponsor will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement.As used in this Agreement,the term "Minority and female business enterprise" means a business that is at least fifty-one(51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members"are African- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian- Americans, and American Indians.The Project Sponsor may rely on written representations by business enterprises in lieu of an independent investigation. 3. Access to Records The Project Sponsor shall furnish and cause each of its sub-Project Sponsors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD or its agent,or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated here. 4. Notifications The Project Sponsor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of the Project Sponsor's commitments hereunder,and shall post copies of the notice in conspicuous places available to employee and applicants for employment. 5. EEO/AA Statement The Project Sponsor will state that it is an Equal Opportunity or Affirmative Action employer in all solicitations or advertisements for employees placed by it or on its behalf. 9 6. Subcontract Provisions The Project Sponsor will include the provision of Section IX.A.(Civil Rights),and B. (Affirmative Action), of this Agreement in every subcontract or purchase order,specifically or by reference,so that such provisions will be binding upon each sub-Project Sponsor or vendor. C. Employment and Contracting Provisions 1. Prohibited Activity The Project Sponsor is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, sectarian or religious activities, lobbying, political patronage and nepotism activities. 2. Anti-Lobbying The Project Sponsor hereby certifies that: a. No federal appropriated funds have been paid or will be paid 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 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 this Agreement,the Project Sponsor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Project Sponsor shall require that the language of this certification be included in the award documents for all sub-tier agreements(including subcontracts, subgrants,and contracts under grants, loans and cooperative agreements)and that all sub-tier parties shall certify and disclose accordingly. 3. OSHA Where employees are engaged in activities not covered under the Occupations Safety and Health Act of 1970,they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participant's health or safety. 4. Right to Know Participants employed or trained for inherently dangerous occupations,i.e.,fire or police jobs,shall be assigned to work in accordance with reasonable safety practices. 10 5. Labor Standards The Project Sponsor agrees to comply with the requirements of the Secretary of Labor in accordance with Federal Labor Standards Provisions,the Davis-Bacon Act, as amended,the provisions of the Contract Work Hours and Safety Standards Act,the Copeland "Anti-Kickback' Act and all other applicable federal,state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.The Project Sponsor understands that such requirements are not limited to the work for which funding under this Agreement is made available and agrees that all contractors engaged in contracts for construction, renovation or repair of any building or work funded under this Agreement,as well as work related in purpose,time and place to the work funded under this Agreement,shall comply with federal requirements pertaining to such contracts.The Project Sponsor shall cause, or require to be inserted, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph and shall maintain documentation which demonstrates compliance with hour and wage requirements.Such documentation shall be submitted to the City. 6. Section 3 The Project Sponsor shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 which requires that,to the greatest extent feasible, employment and other economic opportunities generated by HUD financial assistance be directed to low-and very low-income persons, particularly those who are recipients of government assistance for housing,and to business concerns which provide economic opportunities to such persons. The Project Sponsor shall award contracts for work funded in whole or part under this Agreement to the lowest and/or best bidder in accordance with the provisions of Section 3, which allow qualifying business concerns to receive preference in the awarding of such contracts. The Project Sponsor may rely on written representations by business concerns in lieu of conducting independent investigations.The Project Sponsor agrees to include, monitor and enforce the following clause(referred to as the Section 3 Clause)in such contracts where the amount of assistance provided under this Agreement exceeds$100,000: SECTION 3 CLAUSE 1. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR,Part 135,which implement Section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each; 11 i and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR,Part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR,Part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR, Part 135. 5. The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR,Part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR,Part 135. 6. Noncompliance with HUD's regulations in 24 CFR,Part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract.Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). If the amount of HUD financial assistance provided under this and other Agreements with the City exceeds$200,000,the Project Sponsor has the responsibility to comply with Section 3 in its own operations,and ensure compliance in the operations of its contractors and subcontractors.This responsibility includes but may not necessarily be limited to measures listed at 24 CFR 135.32, "Responsibilities of the Recipient." D. Conduct 1. Assignability The Project Sponsor shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto, provided, however,that claims for money due or to become due to the Project Sponsor from the City under this Agreement may be assigned to a bank,trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Hatch Act The Project Sponsor agrees that no funds provided, nor personnel employed, under this Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title VI of the United States Code. 3. Conflict of Interest The Project Sponsor agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest.The Project Sponsor further agrees that, in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Project Sponsor.These conflict of interest provisions apply to any person who is an employee, agent,consultant, officer, or elected official or appointed official of the Project Sponsor or the 12 City, or of any designated public agencies or sub-Project Sponsors which are receiving funds under the CDBG program. 4. Subcontracts a. Approvals The Project Sponsor shall not enter into any subcon.tracts with any agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such subcontract. b. Monitoring The Project Sponsor will monitor all subcontracted services on a regular basis to assure compliance with the terms of this Agreement. Results of monitoring efforts shall be summarized in the Project Sponsor's quarterly written report to the City and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. C. Content The Project Sponsor shall cause all of the provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Project Sponsor shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 5. Copyright If this Agreement results in any copyrightable materials,the City and/or grantor agency reserves the right to royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for government purposes. 6. Religious Organization The Project Sponsor agrees that funds provided under this Agreement will not be utilized for religious activities,to promote religious interest,or for the benefit of a religious organization in accordance with federal regulations specified in 24 CFR 570.2000). 7. Drug-Free Workplace The Project Sponsor shall comply with the Illinois Drug Free Workplace Act(30 ILCS 580/1, et seg.), and, if applicable,with the Federal Drug Free Workplace Act(41 U.S.C.Section 701, et seg.) 13 I X. ENVIRONMENTAL CONDITIONS The Project Sponsor shall cooperate with the City in its responsibilities pursuant to HUD's Environmental review procedures, 24 CFR 58,as amended, and shall permit the City or its designees or employees to conduct site inspections, conduct appropriate tests, examination of applicable documents, and such other activities as the City deems appropriate in order to fulfill its responsibilities in the implementation of the policies of the National Environmental Policy Act of 1969 and related acts.The City shall not make any payments contemplated under this Agreement until the environmental review process has been completed by the City in accordance with the 24 CFR 58, nor may any costs be incurred by the Project Sponsor until completion of the Environmental Review.The Project Sponsor will be notified by the City when costs may begin to be incurred through the issuance of a written Notice to Proceed. A. Air,Water& Environment The Project Sponsor agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. The Clean Air Act(42 U.S.C., 1857, et seg.); 2. The Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.)as amended; 3. Environmental Protection Agency(EPA) regulations pursuant to 40 CFR 50, as amended; 4. The National Environmental Policy Act of 1969;and 5. HUD Environmental Review Procedures(24 CFR 58). B. Flood Disaster Protection To the extent applicable,the Project Sponsor agrees to comply with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4106) in regard to the sale, lease or other transfer of land acquired,cleared or improved under the terms of this Agreement. C. Lead-Based Paint The Project Sponsor agrees that any construction or rehabilitation of structures with assistance provided under this Agreement shall be subject to HUD lead-based paint regulations 24 CFR 35,et.al., dated September 15, 1999. D. Historic Preservation The Project Sponsor agrees to comply with the requirements set forth in the National Historic Preservation Act of 1966(16 U.S.C.470), as amended, and the procedures set forth in 36 CFR 800 et seg., insofar as they apply to the performance of this Agreement. XI. AGREEMENT IN MULTIPLE COUNTERPARTS The parties hereto agree that this Agreement may be executed in one or more counterparts, each of which shall,for all purposes, be deemed an original and all of such counterparts,taken together,shall constitute one and the same Agreement. 14 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above. For the City: Signature Richard G. Kozal,City Manager Name and Title(Printed) Attest: 14 -N 0 rn b A. ewis,City Clerk Ze,07-7 Date For the Project Sponsor: Signature Lynn O'Shea, Executive Director Name and Title(Printed) Date is CITY OF ELGIN COMMUNITY DEVELOPMENT PROGRAM Exhibit A: Project Description,Tasks, Schedule, and Budget Protect Description The Project Sponsor will make multiple improvements to their facility located at 1482 Maple Lane in Elgin, IL.Specifically,the project will involve remodeling a bathroom and replacing windows.Said work is described as follows: 1. BATHROOM REMODEL:A bathroom remodel consisting of, but not limited to, partial demolition and disposal including the removal and replacement of the existing shower,vanity,toilet and partition walls. Walls will be reframed to accept new ADA compliant shower/vanity configuration. In addition to the installation of a new modular ADA shower unit the project will include the installation of an overflow drain, new shower head,valve and controls, new power assist toilet, new flooring including underlayment, new vanity and top, and moldings and trim to complete the bathroom. 2. WINDOW REPLACEMENT:The removal of six existing bedroom windows with disposal offsite. The windows will be replaced to match existing.The work will involve the cutting of bricks on window bottoms to meet the City's egress requirements for clear opening and maximum height above the floor. In addition,the work will include reframing the rough opening, insulating and drywall and finish tape.All brick will be salvaged to re-tooth sides and install new 2-1/4" limestone sills.The exterior will have a frame expander around the perimeter, caulked white to the brick. Finally,the interior will have pre-stained casing to match the existing windows and the wall(s)with the new windows will be painted from floor to ceiling and corner to corner. Said work is further detailed in a Scope of Work and detailed schematic drawings contained in the City's project file and incorporated into this Agreement by reference. Tasks The Project Sponsor shall be responsible for all tasks required to complete the project described herein, including, but not limited to the following: 1. Preparation of the necessary project specifications; 2. Preparation and reproduction of all required bidding documents; 3. Procurement of contractor services through competitive bidding; 4. Supervision of work performed to ensure compliance with the provisions of this Agreement;and 5. Inspection of work performed to ensure satisfactory completion of the project. Project Schedule The Project Sponsor shall complete the project described herein according to the following schedule: Prepare Project Plans/Specifications September 2017 Advertise/Distribute Bidding Documents September 2017 Receive/Open Bids October 2017 Award Construction Contract November 2017 Begin Construction Work November 2017 Complete Construction Work January 2018 Complete Project February 2018 16 Project Budget Expenses Project Sponsor Elgin Totals Funds* CDBG Funds Construction Contract $5,389 $32,341 $37,730 Independent contractor to complete work described herein. Permits $0 $637 $637 Project Management/Oversight(In-kind services) $1,750 $0 $1,750 Totals(and Proportional Share of Total Project Cost) $7,139(18%) $32,978(82%) $40,117 *Project Sponsor certifies to City that the aforementioned funds/services are committed and available for use in completing the project described herein. 17 COMMUNITY DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN CITY OF ELGIN, ILLINOIS AND ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC. THIS AGREEMENT is entered into on by and between the City of Elgin, Illinois (herein called the "City"),and Association for Individual Development, Inc. (herein called the"Project Sponsor") which has the following DUNS Number:07-457-3700. WHEREAS,the City applied for Community Development Block Grant(CDBG)funds in Federal Fiscal Year 2015 from the United States Government under Title I of the Housing and Community Development Act of 1974 (herein called the"Act"), Public Law 93-383;and WHEREAS,the Catalog of Federal Domestic Assistance(CFDA) Number for said funds is 14-218 and they were awarded by the U.S. Department of Housing and Urban Development(herein called "HUD")on June 1,2015, as Award Number B-15-MC-17-0011 for the City's 2015 Program Year;and WHEREAS,the City wishes to engage the Project Sponsor in the utilization of said funds,which shall not be used for Research and Development. NOW,THEREFORE,the parties agree to the following: I. STATEMENT OF WORK A. Project Description,Tasks,Schedule, and Budget The Project Sponsor shall complete the project described in Exhibit A. Funds provided herein shall be used in the manner described in said exhibit,which includes a description of the project,the tasks to be performed by the Project Sponsor, a schedule for completing the tasks, and a project budget. B. National Objectives The City has determined that the project identified herein meets one of the Community Development Block Grant Program's National Objectives as defined in 24 CFR 570.208.The Project Sponsor shall not make changes to the project, including its scope, location, or budget,without the City's prior written approval. C. Level of Accomplishment The Project Sponsor shall be responsible for completing the project identified herein and shall make all documentation associated with the completion of the project available for inspection by the City and representatives of HUD. D. Staffing The Project Sponsor will be responsible for all normal administrative services and expenses not funded under this Agreement but required in order to undertake the project identified herein. i E. Performance Monitoring The City will monitor the performance of the Project Sponsor against goals and performance standards established herein.Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such noncompliance is not taken by the Project Sponsor within the period of time specified by the City in its notification to the Project Sponsor,the City may initiate suspension or termination procedures. IL TIME OF PERFORMANCE The work being performed by the Project Sponsor hereunder shall be completed according to the project schedule contained herein.This Agreement shall terminate 60 days after the project completion date. In accordance with the amendment procedures set forth in Paragraph VI, however,the term of this Agreement and the provisions herein may be extended to cover any additional time period during which the Project Sponsor is in control of CDBG funds or other assets, including program income. III. FUNDING In consideration of the project to be completed by the Project Sponsor hereunder,the City shall pay to the Project Sponsor up to$14,074.00 in CDBG funds received from HUD.Said funds shall be used by the Project Sponsor for the payment of expenses eligible under the CDBG program and specifically listed in the project budget contained in Exhibit A.The total amount disbursed by the City, however,shall not exceed the City's proportional share(89%)of the actual cost of the project described in Exhibit A. Payments are contingent upon the Project Sponsor's compliance with all applicable uniform administration requirements as set forth in 24 CFR 570.502.The Project Sponsor agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. IV. NOTICES Communication and details concerning this Agreement shall be directed to the following individuals: CITY PROJECT SPONSOR Chris Dall, Project Manager Christie Plotzke,Grants Specialist Kane County Office of Community Reinvestment Association for Individual Development 719 South Batavia Avenue 1135 Bowes Road Geneva IL 60134 Elgin IL 60123 Phone:630-444-3048 Phone:847-931-2292 Email:dallchris @countyofkane.org Email: cplotzke @the-association.orR V. GENERAL CONDITIONS A. General Compliance with Federal Regulations The Project Sponsor agrees to comply with all applicable requirements of 24 CFR 570 concerning CDBG funds,all applicable portions of OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and all other federal requirements and policies issued pursuant to federal regulations, including, but not limited to,those set forth in Sections Vlll, IX and X of this Agreement. The Project Sponsor shall be responsible for complying with all applicable changes or additions to the requirements currently set forth in said regulations.The Project Sponsor agrees to comply with all other applicable federal,state and local laws and regulations governing the funds provided under this Agreement. 2 B. Independent Contractor Nothing contained in this Agreement is intended to,or shall be construed in any manner, create or establish the relationship of employer/employee between the parties.The Project Sponsor shall,at all times, remain an independent contractor with respect to the services to be performed under this Agreement.The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance as the Project Sponsor is an independent contractor. C. Hold Harmless The Project Sponsor shall hold harmless, defend, and indemnify the City from any and all claims, actions,suits,charges and judgments whatsoever that arise out of Project Sponsor's performance or nonperformance under this Agreement. D. Workers' Compensation The Project Sponsor shall ensure that Workers'Compensation Insurance coverage is provided for all employees involved in the performance of this Agreement. E. Insurance& Bonding The Project Sponsor shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft,fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City.The Project Sponsor shall comply with the bonding and insurance requirements of OMB's Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards. F. Funding Disclosure The Project Sponsor shall credit the City and HUD for funding the project identified herein by including the following statement on any sign that may be erected at the project site, and in any promotional material that may be published in connection to the project: "Support for this project has been provided by the City of Elgin,through its Community Development Department, with federal funds from the U.S. Department of Housing and Urban Development." VI. AMENDMENTS The parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and are signed by a duly authorized representative of both parties and approved by either party's governing body to the extent required by state law, local charter or otherwise. In addition,the City may, in its sole discretion, amend this Agreement to conform to federal,state or local governmental guidelines, policies and available funding amounts. However, if any such amendments result in a change in the funding,the scope of services, or the scheduling of services to be undertaken as part of this Agreement such modifications will be incorporated only by written amendment signed by both parties. VII. SUSPENSION AND TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party at least thirty(30)days before the effective'date of such termination. However, any partial termination of the work to be performed under this Agreement may only occur with the prior approval of the City.The City may also suspend or 3 I terminate this Agreement, in whole or in part, if the Project Sponsor materially fails to comply with any term of this Agreement,or with any of the rules, regulations or provisions referred to herein. In such event,the City may declare the Project Sponsor ineligible for any future participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Project Sponsor is in noncompliance with any applicable rules or regulations,the City may suspend payment of Agreement funds until such time as the Project Sponsor is found to be in compliance by the City or is otherwise adjudicated to be in compliance. In the event of any termination,all finished or unfinished documents,data, reports, maps, models, photographs or other materials prepared by the Project Sponsor under this Agreement shall,at the option of the City, become the property of the City. In the event of termination,the Project Sponsor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the termination.The City shall be entitled to the repayment of any payments made to the Project Sponsor over and above that to which it is entitled as just and equitable compensation for satisfactory work completed. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Project Sponsor agrees to comply with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and adhere to the accounting principles and procedures required therein,to utilize adequate internal controls,and to maintain necessary source documentation for all costs incurred. 2. Cost Principles The Project Sponsor shall administer its program in conformance with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,as applicable,for all costs incurred. B. Documentation and Record Keeping 1. Records To Be Maintained The Project Sponsor shall maintain all records required by federal regulations as specified in 24 CFR 570.506,as they are pertinent to the activities to be funded under this Agreement.Such records shall include, but not be limited to: a. Records providing a full description of the activity undertaken; b. Records demonstrating that each activity undertaken meets one of the national objectives of the CDBG program, as set forth in 24 CFR 570.208; namely, benefiting low/moderate income persons, aiding in the prevention or elimination of slums or blight, and meeting community development needs that have a particular urgency; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvements, use or disposition of any real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program to the extent applicable; f. Financial records as required by 24 CFR 570.502;and g. Other records necessary to document any required compliance with 24 CFR 570.600-570.612. 4 i 2. Retention The Project Sponsor shall retain all records pertinent to expenditures incurred under this Agreement for a period of five(5)years after the termination of all activities funded under this Agreement,or after the resolution of all federal audit findings,whichever occurs later. Records for non-expendable property acquired with funds under this Agreement shall be retained for five(5)years after final disposition of such property. Records for any displaced person must be kept for five(5)years after he/she has received final payment. Contact the City before disposing of any records related to this Agreement. 3. Client Data The Project Sponsor shall maintain client data demonstrating client eligibility for services provided and any other demographic information requested in the City's quarterly performance report.Such data shall include, but not be limited to,client name,address,income level (or other basis for determining eligibility), demographic information, and description of service provided. Such information shall be made available to the City monitors or their designees for review upon request. 4. Disclosure The Project Sponsor understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly in connection with the administration of the City's or the Project Sponsor's responsibilities with respect to services provided under this Agreement is prohibited without the written consent of the resident involved and, in the case of a minor,that of a responsible parent/guardian, except to the extent such use or disclosure is required by applicable federal,state or local law. 5. Property Records The Project Sponsor shall maintain real property inventory records,which clearly identify any properties purchased, improved or sold with project funds. Properties retained shall continue to meet eligibility criteria and shall comply with the"changes in use' restriction specified in 24 CFR 570.503(b)(8). 6. National Objectives The Project Sponsor agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the CDBG program's national objectives(benefit low/moderate income persons;aid in the prevention or, elimination of slums or blight; and meet community development needs that have a particular urgency)as defined in 24 CFR 570.208. 7. Close-Outs The Project Sponsor's obligation to the City shall not end until all close-out requirements are completed, as set forth in 24 CFR 570.509.Activities during this close-out period shall include, but not be limited to, making final payments,disposing of program assets(including the return of all unspent cash advances and program income balances to the City),and determining the custodianship of records. 5 8. Asset Reversion Upon expiration of this Agreement,the Project Sponsor shall transfer to the City all grant funds in its possession, and any accounts receivable of the project attributable to grant funds. At the time of project closeout,the City shall determine the appropriate disposition of any equipment purchased with funds provided herein.The City shall permit the Project Sponsor to retain title to such equipment, if the Project Sponsor assures the City that it intends to continue the project for a period of not less than five years following closeout. 9. Audits The Project Sponsor shall comply with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,and shall obtain,at its own expense, any required audit(s).Audits shall be performed by an independent auditor in accordance with generally accepted governmental auditing standards covering financial and compliance audits. Audits shall include, in addition to the financial statement(s) of the Project Sponsor,auditor's comments regarding the Project Sponsor's compliance and internal controls pertaining to the expenditure of grant funds.The Project Sponsor shall submit one certified copy of each required audit report to the City no later than six months following the close of the Project Sponsor's fiscal year for single audits;and not later than six months following project closeout for grant audits. 10. Records Inspections All of the Project Sponsor's records with respect to any matters covered by this Agreement shall be made available to the City,or its designees,or HUD, or its designees, at any time during normal business hours,as often as deemed necessary, in order to audit,examine,or make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be fully cleared by the Project Sponsor within thirty(30)days after receipt by the Project Sponsor. Failure by the Project Sponsor to comply with the above requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Specifically, all rights and remedies regarding performance reviews as set forth in 24 CFR 570.900-570.913 shall be available to the City and to HUD or their designees. C. Reporting and Payment Procedures 1. Payment Procedures In consideration of the work performed hereunder,the City will pay the Project Sponsor with CDBG funds available under this Agreement for eligible costs, consistent with the project budget contained herein (see Exhibit A), and based on requests submitted by the Project Sponsor on forms provided by the City.Such requests shall be accompanied by the appropriate receipts, invoices, canceled checks,and/or other documentation required by the City.The Project Sponsor may not request the disbursement of CDBG funds under this Agreement until the funds are needed for the payment of eligible costs.The amount of each request must be limited to the amount needed for such costs at the time the request is submitted to the City.Advance disbursements of CDBG funds are not permitted under this Agreement. The presentation of requests for the disbursement of CDBG funds on the part of the Project Sponsor shall constitute a warranty and representation by the Project Sponsor to the City 6 that the amounts requested are elements of the project budget contained herein;that all such amounts are required for the payment of eligible costs that were actually incurred by the Project Sponsor;and that the Project Sponsor will use the amounts requested only for eligible purposes under this Agreement. Prior to any disbursement of CDBG funds by the City, it reserves the right to perform an independent review of any and all documentation and/or inspect the project site(s)to independently determine that such disbursement is justified. If the City is dissatisfied with the documentation submitted, or the status of the work performed hereunder,it may require the Project Sponsor to submit further documentation or perform additional work before it makes any further disbursements under this Agreement.The City reserves the right to reduce funds available under this Agreement for any costs incurred by the City on behalf of the Project Sponsor to complete the project to the City's satisfaction. Finally,the City shall not be required to make any disbursements of CDBG funds to the Project Sponsor if the City is not legally capable or permitted by law to make such disbursements. 2. Program Income Program income,as defined at 24 CFR 570.500(a),generated by activities carried out with CDBG funds made available under this Agreement,shall be remitted by the Project Sponsor to the City within 30 days of receipt by the Project Sponsor. 3. Indirect Costs If indirect administrative costs are charged,the Project Sponsor will develop an indirect cost allocation plan for determining the appropriate share of administrative costs and shall submit the plan to the City for approval prior to the City's payment of any such costs. 4. Performance Reports The Project Sponsor shall submit quarterly performance reports to the City, using forms provided by the City,for the duration of this Agreement.Said performance reports shall be submitted according to the following schedule: a. Report for June 1 through August 31 due on September 15; b. Report for September 1 through November 30 due on December 15; C. Report for December 1 through February 28/29 due on March 15;and d. Report for March 1 through May 31 due on June 15. D. Procurement 1. Standards of Procurement The Project Sponsor shall comply with applicable federal,state, and local requirements regarding contracting and the purchase of goods and services necessary to complete the project identified herein.The Project Sponsor shall obtain the City's approval prior to publishing bidding notices, distributing bidding documents,and executing contracts and change orders necessary for the completion of said proiect.The cover page of all bid packets for work financed with funds provided herein shall bear the following statement(s): "This contracting opportunity has been made possible,in part,by the City of Elgin, through its Community Development Department, with federal funds provided by the U.S. Department of Housing and Urban Development. Section 3 Businesses and Minority/Women-Owned Businesses are encouraged to bid on this project."If applicable,such statement shall be followed by the following: "Federal prevailing wage requirements apply to this contract." 7 The Project Sponsor shall maintain an inventory record of any non-expendable personal property procured with funds provided herein.All program assets(unexpended program income, property, equipment, etc.)shall revert to the City upon termination of this Agreement in accordance with Section VIII. B. 8.of this Agreement. 2. Travel The Project Sponsor shall obtain written approval from the City for any travel expenses it intends to cover with funds provided under this Agreement. 3. Relocation,Acquisition and Displacement The Project Sponsor agrees to comply with 24 CFR 570.606 and OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards relating to the acquisition and disposition of all real property utilizing grant funds and to any displacement of persons, businesses, non-profit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.The Project Sponsor further agrees to comply with any applicable ordinances, resolutions and/or policies concerning displacement of individuals from their residences. IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Project Sponsor agrees to comply with all the requirements set forth in 24 CFR 570.600, including, but not limited to,compliance with Title VI of the Civil Rights Act of 1964, as amended,Title VIII of the Civil Rights Act of 1968,as amended,Section 109 of Title I of the Housing and Community Development Act of 1974, Executive Order 11063, and Executive Order 11246,as amended by Executive Order 12086.The Project Sponsor also agrees to comply with all applicable provisions of the Americans with Disabilities Act of 1990. 2. Nondiscrimination The Project Sponsor will not discriminate against any employee or applicant for employment because of race, color,creed, religion, ancestry, national origin,sex, disability or other handicap, age, marital status, or status with regard to public assistance. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L.88-352)and 24 CFR 570.With regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement,the Project Sponsor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land,or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants.The Project Sponsor, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. s I i 4. Section 504 The Project Sponsor agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)which prohibits discrimination against the disabled in any federally assisted program.The City shall provide the Project Sponsor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Project Sponsor agrees that it shall be committed to carrying out, pursuant to the City's specifications,an Affirmative Action Program in keeping with the principles as provided in Executive Order 11246 of September 24, 1965.The City can provide affirmative action guidelines to the Project Sponsor to assist in the formulation of such a program. 2. W/MBE The Project Sponsor will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement.As used in this Agreement,the term "Minority and female business enterprise" means a business that is at least fifty-one(51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African- Americans,Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian- Americans,and American Indians.The Project Sponsor may rely on written representations by business enterprises in lieu of an independent investigation. 3. Access to Records The Project Sponsor shall furnish and cause each of its sub-Project Sponsors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD or its agent,or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated here. 4. Notifications The Project Sponsor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of the Project Sponsor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employee and applicants for employment. 5. EEO/AA Statement The Project Sponsor will state that it is an Equal Opportunity or Affirmative Action employer in all solicitations or advertisements for employees placed by it or on its behalf. 9 6. Subcontract Provisions The Project Sponsor will include the provision of Section IX.A. (Civil Rights),and B. (Affirmative Action), of this Agreement in every subcontract or purchase order,specifically or by reference,so that such provisions will be binding upon each sub-Project Sponsor or vendor. C. Employment and Contracting Provisions 1. Prohibited Activity The Project Sponsor is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities,sectarian or religious activities, lobbying, political patronage and nepotism activities. 2. Anti-Lobbying The Project Sponsor hereby certifies that: a. No federal appropriated funds have been paid or will be paid 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 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 this Agreement,the Project Sponsor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The Project Sponsor shall require that the language of this certification be included in the award documents for all sub-tier agreements(including subcontracts,subgrants,and contracts under grants, loans and cooperative agreements)and that all sub-tier parties shall certify and disclose accordingly. 3. OSHA Where employees are engaged in activities not covered under the Occupations Safety and Health Act of 1970,they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participant's health or safety. 4. Right to Know Participants employed or trained for inherently dangerous occupations, i.e.,fire or police jobs,shall be assigned to work in accordance with reasonable safety practices. 10 5. Labor Standards The Project Sponsor agrees to comply with the requirements of the Secretary of Labor in accordance with Federal Labor Standards Provisions,the Davis-Bacon Act, as amended,the provisions of the Contract Work Hours and Safety Standards Act,the Copeland "Anti-Kickback" Act and all other applicable federal,state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.The Project Sponsor understands that such requirements are not limited to the work for which funding under this Agreement is made available and agrees that all contractors engaged in contracts for construction, renovation or repair of any building or work funded under this Agreement, as well as work related in purpose,time and place to the work funded under this Agreement,shall comply with federal requirements pertaining to such contracts.The Project Sponsor shall cause, or require to be inserted, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph and shall maintain documentation which demonstrates compliance with hour and wage requirements.Such documentation shall be submitted to the City. 6. Section 3 The Project Sponsor shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 which requires that,to the greatest extent feasible, employment and other economic opportunities generated by HUD financial assistance be directed to low-and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to such persons. The Project Sponsor shall award contracts for work funded in whole or part under this Agreement to the lowest and/or best bidder in accordance with the provisions of Section 3, which allow qualifying business concerns to receive preference in the awarding of such contracts. The Project Sponsor may rely on written representations by business concerns in lieu of conducting independent investigations.The Project Sponsor agrees to include, monitor and enforce the following clause(referred to as the Section 3 Clause)in such contracts where the amount of assistance provided under this Agreement exceeds$100,000: SECTION 3 CLAUSE 1. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR,Part 135,which implement Section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each; 11 and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR,Part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR,Part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR,Part 135. 5. The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR,Part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR,Part 135. 6. Noncompliance with HUD's regulations in 24 CFR,Part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract.Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). If the amount of HUD financial assistance provided under this and other Agreements with the City exceeds$200,000,the Project Sponsor has the responsibility to comply with Section 3 in its own operations,and ensure compliance in the operations of its contractors and subcontractors.This responsibility includes but may not necessarily be limited to measures listed at 24 CFR 135.32, "Responsibilities of the Recipient." D. Conduct 1. Assignability The Project Sponsor shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto, provided, however,that claims for money due or to become due to the Project Sponsor from the City under this Agreement may be assigned to a bank,trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Hatch Act The Project Sponsor agrees that no funds provided, nor personnel employed, under this Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title VI of the United States Code. 3. Conflict of Interest The Project Sponsor agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest.The Project Sponsor further agrees that, in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Project Sponsor.These conflict of interest provisions apply to any person who is an employee, agent,consultant,officer, or elected official or appointed official of the Project Sponsor or the 12 City,or of any designated public agencies or sub-Project Sponsors which are receiving funds under the CDBG program. 4. Subcontracts a. Approvals The Project Sponsor shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such subcontract. b. Monitoring The Project Sponsor will monitor all subcontracted services on a regular basis to assure compliance with the terms of this Agreement. Results of monitoring efforts shall be summarized in the Project Sponsor's quarterly written report to the City and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. C. Content The Project Sponsor shall cause all of the provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Project Sponsor shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 5. Copyright If this Agreement results in any copyrightable materials,the City and/or grantor agency reserves the right to royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for government purposes. 6. Religious Organization The Project Sponsor agrees that funds provided under this Agreement will not be utilized for religious activities,to promote religious interest, or for the benefit of a religious organization in accordance with federal regulations specified in 24 CFR 570.200(j). 7. Drug-Free Workplace The Project Sponsor shall comply with the Illinois Drug Free Workplace Act(30 ILCS 580/1, et seg.), and, if applicable,with the Federal Drug Free Workplace Act(41 U.S.C.Section 701,et sea.) 13 X. ENVIRONMENTAL CONDITIONS The Project Sponsor shall cooperate with the City in its responsibilities pursuant to HUD's Environmental review procedures, 24 CFR 58,as amended, and shall permit the City or its designees or employees to conduct site inspections, conduct appropriate tests,examination of applicable documents, and such other activities as the City deems appropriate in order to fulfill its responsibilities in the implementation of the policies of the National Environmental Policy Act of 1969 and related acts.The City shall not make any payments contemplated under this Agreement until the environmental review process has been completed by the City in accordance with the 24 CFR 58, nor may any costs be incurred by the Project Sponsor until completion of the Environmental Review.The Project Sponsor will be notified by the City when costs may begin to be incurred through the issuance of a written Notice to Proceed. A. Air,Water& Environment The Project Sponsor agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. The Clean Air Act(42 U.S.C., 1857, et seg.); 2. The Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.)as amended; 3. Environmental Protection Agency(EPA)regulations pursuant to 40 CFR 50, as amended; 4. The National Environmental Policy Act of 1969;and 5. HUD Environmental Review Procedures(24 CFR 58). B. Flood Disaster Protection To the extent applicable, the Project Sponsor agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4106)in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this Agreement. C. Lead-Based Paint The Project Sponsor agrees that any construction or rehabilitation of structures with assistance provided under this Agreement shall be subject to HUD lead-based paint regulations 24 CFR 35, et.al., dated September 15, 1999. D. Historic Preservation The Project Sponsor agrees to comply with the requirements set forth in the National Historic Preservation Act of 1966(16 U.S.C.470),as amended,and the procedures set forth in 36 CFR 800 et seq., insofar as they apply to the performance of this Agreement. XI. AGREEMENT IN MULTIPLE COUNTERPARTS The parties hereto agree that this Agreement may be executed in one or more counterparts, each of which shall,for all purposes, be deemed an original and all of such counterparts,taken together, shall constitute one and the same Agreement. 14 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above. For the City: Signature Richard G. Kozal,City Manager Name and Title(Printed) Attest: 1 Kimb I ew's,City Clerk f� Date For the Project Sponsor: Signature Lynn O'Shea, Executive Director Name and Title(Printed) Date 15 CITY OF ELGIN COMMUNITY DEVELOPMENT PROGRAM Exhibit A: Project Description,Tasks, Schedule, and Budget Project Description The Project Sponsor will make various improvements to their facility located at 974 Hillcrest Road in Elgin, IL.Specifically,the project will involve a bathroom remodel consisting of, but not limited to, partial demolition and disposal including the removal and replacement of the existing bathtub and surround and toilet with ADA compliant materials(existing vanity and top to be reused), adjustments to the subfloor to accommodate drainage, the installation of new GFI and other electrical components including light/fan, new vinyl floor, new medicine cabinet, upgraded plumbing, patch and paint of drywall,installation of new moldings and trim material, reframed T-0"entrance door opening as well as new entrance and closet doors and all components necessary to make the bathroom ADA accessible.Said work is further detailed in a Scope of Work and detailed schematic drawings contained in the City's project file and incorporated into this Agreement by reference. Tasks The Project Sponsor shall be responsible for all tasks required to complete the project described herein, including, but not limited to the following: 1. Preparation of the necessary project specifications; 2. Preparation and reproduction of all required bidding documents; 3. Procurement of contractor services through competitive bidding; 4. Supervision of work performed to ensure compliance with the provisions of this Agreement;and 5. Inspection of work performed to ensure satisfactory completion of the project. Project Schedule The Project Sponsor shall complete the project described herein according to the following schedule: Prepare Project Plans/Specifications September 2017 Advertise/Distribute Bidding Documents September 2017 Receive/Open Bids October 2017 Award Construction Contract November 2017 Begin Construction Work November 2017 Complete Construction Work January 2018 Complete Project February 2018 Project Budget Project Sponsor Elgin Expenses Funds* CDBG Funds Totals Construction Contract $0 $13,840 $13,840 Independent contractor to complete work described herein. Permits $0 $234 $234 Project Management/Oversight(In-kind services) $1,750 $0 $1,750 Totals(and Proportional Share of Total Project Cost) $1,750(11%) $14,074(89%) $15,824 *Project Sponsor certifies to City that the aforementioned funds/services are committed and available for use in completing the project described herein. 16 I COMMUNITY DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN CITY OF ELGIN, ILLINOIS AND ASSOCIATION FOR INDIVIDUAL DEVELOPMENT,INC. THIS AGREEMENT is entered into on by and between the City of Elgin, Illinois (herein called the"City"), and Association for Individual Development, Inc. (herein called the"Project Sponsor") which has the following DUNS Number:07-457-3700. WHEREAS,the City applied for Community Development Block Grant(CDBG)funds in Federal Fiscal Year 2015 from the United States Government under Title I of the Housing and Community Development Act of 1974 (herein called the"Act"), Public Law 93-383; and WHEREAS,the Catalog of Federal Domestic Assistance(CFDA) Number for said funds is 14-218 and they were awarded by the U.S. Department of Housing and Urban Development(herein called "HUD")on June 1, 2014 as Award Number B-14-MC-17-0011 for the City's 2014 Program Year;and WHEREAS,the City wishes to engage the Project Sponsor in the utilization of said funds, which shall not be used for Research and Development. NOW,THEREFORE,the parties agree to the following: I. STATEMENT OF WORK A. Project Description,Tasks,Schedule,and Budget The Project Sponsor shall complete the project described in Exhibit A. Funds provided herein shall be used in the manner described in said exhibit,which includes a description of the project,the tasks to be performed by the Project Sponsor, a schedule for completing the tasks, and a project budget. B. National Objectives The City has determined that the project identified herein meets one of the Community Development Block Grant Program's National Objectives as defined in 24 CFR 570.208.The Project Sponsor shall not make changes to the project, including its scope, location, or budget,without the City's prior written approval. C. Level of Accomplishment The Project Sponsor shall be responsible for completing the project identified herein and shall make all documentation associated with the completion of the project available for inspection by the City and representatives of HUD. D. Staffing The Project Sponsor will be responsible for all normal administrative services and expenses not funded under this Agreement but required in order to undertake the project identified herein. i I E. Performance Monitoring The City will monitor the performance of the Project Sponsor against goals and performance standards established herein.Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such noncompliance is not taken by the Project Sponsor within the period of time specified by the City in its notification to the Project Sponsor,the City may initiate suspension or termination procedures. II. TIME OF PERFORMANCE The work being performed by the Project Sponsor hereunder shall be completed according to the project schedule contained herein.This Agreement shall terminate 60 days after the project completion date. In accordance with the amendment procedures set forth in Paragraph VI, however,the term of this Agreement and the provisions herein may be extended to cover any additional time period during which the Project Sponsor is in control of CDBG funds or other assets, including program income. III. FUNDING In consideration of the project to be completed by the Project Sponsor hereunder,the City shall pay to the Project Sponsor up to$17,948.00 in CDBG funds received from HUD.Said funds shall be used by the Project Sponsor for the payment of expenses eligible under the CDBG program and specifically listed in the project budget contained in Exhibit A.The total amount disbursed by the City, however,shall not exceed the City's proportional share(91 9/.)of the actual cost of the project described in Exhibit A. Payments are contingent upon the Project Sponsor's compliance with all applicable uniform administration requirements as set forth in 24 CFR 570.502.The Project Sponsor agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. IV. NOTICES Communication and details concerning this Agreement shall be directed to the following individuals: CITY PROJECT SPONSOR Chris Dall, Project Manager Christie Plotzke,Grants Specialist Kane County Office of Community Reinvestment Association for Individual Development 719 South Batavia Avenue 1135 Bowes Road Geneva IL 60134 Elgin IL 60123 Phone:630-444-3048 Phone:847-931-2292 Email:dallchris(@counjyofkane.orR Email:cplotzke @the-association.orR V. GENERAL CONDITIONS A. General Compliance with Federal Regulations The Project Sponsor agrees to comply with all applicable requirements of 24 CFR 570 concerning CDBG funds,all applicable portions of OMB's Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, and all other federal requirements and policies issued pursuant to federal regulations, including, but not limited to,those set forth in Sections Vlll, IX and X of this Agreement.The Project Sponsor shall be responsible for complying with all applicable changes or additions to the requirements currently set forth in said regulations.The Project Sponsor agrees to comply with all other applicable federal,state and local laws and regulations governing the funds provided under this Agreement. 2 B. Independent Contractor Nothing contained in this Agreement is intended to,or shall be construed in any manner,create or establish the relationship of employer/employee between the parties.The Project Sponsor shall,at all times, remain an independent contractor with respect to the services to be performed under this Agreement.The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance as the Project Sponsor is an independent contractor. C. Hold Harmless The Project Sponsor shall hold harmless,defend, and indemnify the City from any and all claims, actions,suits,charges and judgments whatsoever that arise out of Project Sponsor's performance or nonperformance under this Agreement. D. Workers'Compensation The Project Sponsor shall ensure that Workers' Compensation Insurance coverage is provided for all employees involved in the performance of this Agreement. E. Insurance& Bonding The Project Sponsor shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft,fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City.The Project Sponsor shall comply with the bonding and insurance requirements of OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Funding Disclosure The Project Sponsor shall credit the City and HUD for funding the project identified herein by including the following statement on any sign that may be erected at the project site,and in any promotional material that may be published in connection to the project: "Support for this project has been provided by the City of Elgin, through its Community Development Department, with federal funds from the U.S. Department of Housing and Urban Development." VI. AMENDMENTS The parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing,and are signed by a duly authorized representative of both parties and approved by either party's governing body to the extent required by state law, local charter or otherwise. In addition,the City may, in its sole discretion,amend this Agreement to conform to federal, state or local governmental guidelines, policies and available funding amounts. However, if any such amendments result in a change in the funding,the scope of services, or the scheduling of services to be undertaken as part of this Agreement such modifications will be incorporated only by written amendment signed by both parties. VII. SUSPENSION AND TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party at least thirty(30)days before the effective date of such termination. However,any partial termination of the work to be performed under this Agreement may only occur with the prior approval of the City.The City may also suspend or 3 terminate this Agreement, in whole or in part, if the Project Sponsor materially fails to comply with any term of this Agreement,or with any of the rules, regulations or provisions referred to herein. In such event,the City may declare the Project Sponsor ineligible for any future participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Project Sponsor is in noncompliance with any applicable rules or regulations,the City may suspend payment of Agreement funds until such time as the Project Sponsor is found to be in compliance by the City or is otherwise adjudicated to be in compliance. In the event of any termination,all finished or unfinished documents,data, reports, maps, models, photographs or other materials prepared by the Project Sponsor under this Agreement shall, at the option of the City, become the property of the City. In the event of termination,the Project Sponsor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the termination.The City shall be entitled to the repayment of any payments made to the Project Sponsor over and above that to which it is entitled as just and equitable compensation for satisfactory work completed. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Project Sponsor agrees to comply with OMB's Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards and adhere to the accounting principles and procedures required therein, to utilize adequate internal controls, and to maintain necessary source documentation for all costs incurred. 2. Cost Principles The Project Sponsor shall administer its program in conformance with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,as applicable,for all costs incurred. B. Documentation and Record Keeping 1. Records To Be Maintained The Project Sponsor shall maintain all records required by federal regulations as specified in 24 CFR 570.506,as they are pertinent to the activities to be funded under this Agreement.Such records shall include, but not be limited to: a. Records providing a full description of the activity undertaken; b. Records demonstrating that each activity undertaken meets one of the national objectives of the CDBG program, as set forth in 24 CFR 570.208;namely, benefiting low/moderate income persons, aiding in the prevention or elimination of slums or blight, and meeting community development needs that have a particular urgency; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvements,use or disposition of any real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program to the extent applicable; f. Financial records as required by 24 CFR 570.502;and g. Other records necessary to document any required compliance with 24 CFR 570.600-570.612. 4 2. Retention The Project Sponsor shall retain all records pertinent to expenditures incurred under this Agreement for a period of five(5)years after the termination of all activities funded under this Agreement,or after the resolution of all federal audit findings,whichever occurs later. Records for non-expendable property acquired with funds under this Agreement shall be retained for five(5)years after final disposition of such property. Records for any displaced person must be kept for five(5)years after he/she has received final payment. Contact the City before disposing of any records related to this Agreement. 3. Client Data The Project Sponsor shall maintain client data demonstrating client eligibility for services provided and any other demographic information requested in the City's quarterly performance report.Such data shall include, but not be limited to,client name, address, income level (or other basis for determining eligibility), demographic information,and description of service provided.Such information shall be made available to the City monitors or their designees for review upon request. 4. Disclosure The Project Sponsor understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly in connection with the administration of the City's or the Project Sponsor's responsibilities with respect to services provided under this Agreement is prohibited without the written consent of the resident involved and, in the case of a minor,that of a responsible parent/guardian, except to the extent such use or disclosure is required by applicable federal,state or local law. 5. Property Records The Project Sponsor shall maintain real property inventory records,which clearly identify any properties purchased, improved or sold with project funds. Properties retained shall continue to meet eligibility criteria and shall comply with the "changes in use"restriction specified in 24 CFR 570.503(b)(8). 6. National Objectives The Project Sponsor agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the CDBG program's national objectives(benefit low/moderate income persons; aid in the prevention or elimination of slums or blight; and meet community development needs that have a particular urgency)as defined in 24 CFR 570.208. 7. Close-Outs The Project Sponsor's obligation to the City shall not end until all close-out requirements are completed,as set forth in 24 CFR 570.509.Activities during this close-out period shall include, but not be limited to,making final payments, disposing of program assets(including the return of all unspent cash advances and program income balances to the City),and determining the custodianship of records. s 8. Asset Reversion Upon expiration of this Agreement,the Project Sponsor shall transfer to the City all grant funds in its possession, and any accounts receivable of the project attributable to grant funds. At the time of project closeout,the City shall determine the appropriate disposition of any equipment purchased with funds provided herein.The City shall permit the Project Sponsor to retain title to such equipment, if the Project Sponsor assures the City that it intends to continue the project for a period of not less than five years following closeout. 9. Audits The Project Sponsor shall comply with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and shall obtain,at its own expense, any required audit(s).Audits shall be performed by an independent auditor in accordance with generally accepted governmental auditing standards covering financial and compliance audits. Audits shall include, in addition to the financial statement(s)of the Project Sponsor, auditor's comments regarding the Project Sponsor's compliance and internal controls pertaining to the expenditure of grant funds.The Project Sponsor shall submit one certified copy of each required audit report to the City no later than six months following the close of the Project Sponsor's fiscal year for single audits;and not later than six months following project closeout for grant audits. 10. Records Inspections All of the Project Sponsor's records with respect to any matters covered by this Agreement shall be made available to the City,or its designees, or HUD, or its designees,at any time during normal business hours, as often as deemed necessary, in order to audit, examine, or make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be fully cleared by the Project Sponsor within thirty(30)days after receipt by the Project Sponsor. Failure by the Project Sponsor to comply with the above requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Specifically, all rights and remedies regarding performance reviews as set forth in 24 CFR 570.900-570.913 shall be available to the City and to HUD or their designees. C. Reporting and Payment Procedures 1. Payment Procedures In consideration of the work performed hereunder,the City will pay the Project Sponsor with CDBG funds available under this Agreement for eligible costs,consistent with the project budget contained herein (see Exhibit A), and based on requests submitted by the Project Sponsor on forms provided by the City.Such requests shall be accompanied by the appropriate receipts, invoices,canceled checks,and/or other documentation required by the City.The Project Sponsor may not request the disbursement of CDBG funds under this Agreement until the funds are needed for the payment of eligible costs.The amount of each request must be limited to the amount needed for such costs at the time the request is submitted to the City.Advance disbursements of CDBG funds are not permitted under this Agreement. The presentation of requests for the disbursement of CDBG funds on the part of the Project Sponsor shall constitute a warranty and representation by the Project Sponsor to the City 6 that the amounts requested are elements of the project budget contained herein;that all such amounts are required for the payment of eligible costs that were actually incurred by the Project Sponsor;and that the Project Sponsor will use the amounts requested only for eligible purposes under this Agreement. Prior to any disbursement of CDBG funds by the City, it reserves the right to perform an independent review of any and all documentation and/or inspect the project site(s)to independently determine that such disbursement is justified. If the City is dissatisfied with the documentation submitted, or the status of the work performed hereunder, it may require the Project Sponsor to submit further documentation or perform additional work before it makes any further disbursements under this Agreement.The City reserves the right to reduce funds available under this Agreement for any costs incurred by the City on behalf of the Project Sponsor to complete the project to the City's satisfaction. Finally,the City shall not be required to make any disbursements of CDBG funds to the Project Sponsor if the City is not legally capable or permitted by law to make such disbursements. 2. Program Income Program income, as defined at 24 CFR 570.500(a),generated by activities carried out with CDBG funds made available under this Agreement,shall be remitted by the Project Sponsor to the City within 30 days of receipt by the Project Sponsor. 3. Indirect Costs If indirect administrative costs are charged,the Project Sponsor will develop an indirect cost allocation plan for determining the appropriate share of administrative costs and shall submit the plan to the City for approval prior to the City's payment of any such costs. 4. Performance Reports The Project Sponsor shall submit quarterly performance reports to the City, using forms provided by the City, for the duration of this Agreement.Said performance reports shall be submitted according to the following schedule: a. Report for June 1 through August 31 due on September 15; b. Report for September 1 through November 30 due on December 15; C. Report for December 1 through February 28/29 due on March 15;and d. Report for March 1 through May 31 due on June 15. D. Procurement 1. Standards of Procurement The Project Sponsor shall comply with applicable federal, state, and local requirements regarding contracting and the purchase of goods and services necessary to complete the project identified herein.The Project Sponsor shall obtain the City's approval prior to publishing bidding notices,distributing bidding documents,and executing contracts and change orders necessary for the completion of said project.The cover page of all bid packets for work financed with funds provided herein shall bear the following statement(s): "This contracting opportunity has been made possible,in part,by the City of Elgin, through its Community Development Department, with federal funds provided by the U.S. Department of Housing and Urban Development. Section 3 Businesses and Minority/Women-Owned Businesses are encouraged to bid on this project."If applicable,such statement shall be followed by the following: "Federal prevailing wage requirements apply to this contract." 7 The Project Sponsor shall maintain an inventory record of any non-expendable personal property procured with funds provided herein.All program assets(unexpended program income, property,equipment,etc.)shall revert to the City upon termination of this Agreement in accordance with Section VIII. B.8. of this Agreement. 2. Travel The Project Sponsor shall obtain written approval from the City for any travel expenses it intends to cover with funds provided under this Agreement. 3. Relocation,Acquisition and Displacement The Project Sponsor agrees to comply with 24 CFR 570.606 and OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards relating to the acquisition and disposition of all real property utilizing grant funds and to any displacement of persons, businesses, non-profit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.The Project Sponsor further agrees to comply with any applicable ordinances, resolutions and/or policies concerning displacement of individuals from their residences. IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Project Sponsor agrees to comply with all the requirements set forth in 24 CFR 570.600, including, but not limited to,compliance with Title VI of the Civil Rights Act of 1964,as amended,Title VIII of the Civil Rights Act of 1968,as amended,Section 109 of Title I of the Housing and Community Development Act of 1974, Executive Order 11063, and Executive Order 11246, as amended by Executive Order 12086.The Project Sponsor also agrees to comply with all applicable provisions of the Americans with Disabilities Act of 1990. 2. Nondiscrimination The Project Sponsor will not discriminate against any employee or applicant for employment because of race, color,creed, religion,ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L.88-352) and 24 CFR 570. With regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Project Sponsor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental,or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants.The Project Sponsor, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant,and will not itself so discriminate. 8 4. Section 504 The Project Sponsor agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)which prohibits discrimination against the disabled in any federally assisted program.The City shall provide the Project Sponsor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Project Sponsor agrees that it shall be committed to carrying out, pursuant to the City's specifications, an Affirmative Action Program in keeping with the principles as provided in Executive Order 11246 of September 24, 1965.The City can provide affirmative action guidelines to the Project Sponsor to assist in the formulation of such a program. 2. W/MBE The Project Sponsor will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement.As used in this Agreement,the term "Minority and female business enterprise" means a business that is at least fifty-one(51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian- Americans, and American Indians.The Project Sponsor may rely on written representations by business enterprises in lieu of an independent investigation. 3. Access to Records The Project Sponsor shall furnish and cause each of its sub-Project Sponsors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD or its agent,or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated here. 4. Notifications The Project Sponsor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting officer,advising the labor union or workers'representative of the Project Sponsor's commitments hereunder,and shall post copies of the notice in conspicuous places available to employee and applicants for employment. 5. EEO/AA Statement The Project Sponsor will state that it is an Equal Opportunity or Affirmative Action employer in all solicitations or advertisements for employees placed by it or on its behalf. 9 6. Subcontract Provisions The Project Sponsor will include the provision of Section IX.A. (Civil Rights), and B. (Affirmative Action), of this Agreement in every subcontract or purchase order,specifically or by reference,so that such provisions will be binding upon each sub-Project Sponsor or vendor. C. Employment and Contracting Provisions 1. Prohibited Activity The Project Sponsor is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities,sectarian or religious activities, lobbying, political patronage and nepotism activities. 2. Anti-Lobbying The Project Sponsor hereby certifies that: a. No federal appropriated funds have been paid or will be paid 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 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 this Agreement,the Project Sponsor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Project Sponsor shall require that the language of this certification be included in the award documents for all sub-tier agreements(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements)and that all sub-tier parties shall certify and disclose accordingly. 3. OSHA Where employees are engaged in activities not covered under the Occupations Safety and Health Act of 1970,they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participant's health or safety. 4. Right to Know Participants employed or trained for inherently dangerous occupations, i.e.,fire or police jobs,shall be assigned to work in accordance with reasonable safety practices. 10 5. Labor Standards The Project Sponsor agrees to comply with the requirements of the Secretary of Labor in accordance with Federal Labor Standards Provisions,the Davis-Bacon Act, as amended,the provisions of the Contract Work Hours and Safety Standards Act,the Copeland "Anti-Kickback" Act and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.The Project Sponsor understands that such requirements are not limited to the work for which funding under this Agreement is made available and agrees that all contractors engaged in contracts for construction, renovation or repair of any building or work funded under this Agreement,as well as work related in purpose,time and place to the work funded under this Agreement,shall comply with federal requirements pertaining to such contracts.The Project Sponsor shall cause, or require to be inserted, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph and shall maintain documentation which demonstrates compliance with hour and wage requirements.Such documentation shall be submitted to the City. 6. Section 3 The Project Sponsor shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 which requires that,to the greatest extent feasible, employment and other economic opportunities generated by HUD financial assistance be directed to low-and very low-income persons, particularly those who are recipients of government assistance for housing,and to business concerns which provide economic opportunities to such persons. The Project Sponsor shall award contracts for work funded in whole or part under this Agreement to the lowest and/or best bidder in accordance with the provisions of Section 3, which allow qualifying business concerns to receive preference in the awarding of such contracts. The Project Sponsor may rely on written representations by business concerns in lieu of conducting independent investigations.The Project Sponsor agrees to include, monitor and enforce the following clause(referred to as the Section 3 Clause)in such contracts where the amount of assistance provided under this Agreement exceeds$100,000: SECTION 3 CLAUSE 1. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C.1701u(Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR,Part 135,which implement Section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each; 11 and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR,Part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR,Part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR,Part 135. 5. The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR,Part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR,Part 135. 6. Noncompliance with HUD's regulations in 24 CFR,Part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract.Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). If the amount of HUD financial assistance provided under this and other Agreements with the City exceeds$200,000,the Project Sponsor has the responsibility to comply with Section 3 in its own operations,and ensure compliance in the operations of its contractors and subcontractors.This responsibility includes but may not necessarily be limited to measures listed at 24 CFR 135.32, "Responsibilities of the Recipient." D. Conduct 1. Assignability The Project Sponsor shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto, provided,however,that claims for money due or to become due to the Project Sponsor from the City under this Agreement may be assigned to a bank,trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Hatch Act The Project Sponsor agrees that no funds provided, nor personnel employed, under this Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title VI of the United States Code. 3. Conflict of Interest The Project Sponsor agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest.The Project Sponsor further agrees that, in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Project Sponsor.These conflict of interest provisions apply to any person who is an employee, agent,consultant,officer, or elected official or appointed official of the Project Sponsor or the 12 it City,or of any designated public agencies or sub-Project Sponsors which are receiving funds under the CDBG program. 4. Subcontracts a. Approvals The Project Sponsor shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such subcontract. b. Monitoring The Project Sponsor will monitor all subcontracted services on a regular basis to assure compliance with the terms of this Agreement. Results of monitoring efforts shall be summarized in the Project Sponsor's quarterly written report to the City and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. C. Content The Project Sponsor shall cause all of the provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Project Sponsor shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 5. Copyright If this Agreement results in any copyrightable materials,the City and/or grantor agency reserves the right to royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for government purposes. 6. Religious Organization The Project Sponsor agrees that funds provided under this Agreement will not be utilized for religious activities,to promote religious interest, or for the benefit of a religious organization in accordance with federal regulations specified in 24 CFR 570.200(j). 7. Drug-Free Workplace The Project Sponsor shall comply with the Illinois Drug Free Workplace Act(30 ILCS 580/1,et seg.),and, if applicable,with the Federal Drug Free Workplace Act(41 U.S.C.Section 701, et sea.) 13 X. ENVIRONMENTAL CONDITIONS The Project Sponsor shall cooperate with the City in its responsibilities pursuant to HUD's Environmental review procedures, 24 CFR 58, as amended,and shall permit the City or its designees or employees to conduct site inspections, conduct appropriate tests, examination of applicable documents, and such other activities as the City deems appropriate in order to fulfill its responsibilities in the implementation of the policies of the National Environmental Policy Act of 1969 and related acts.The City shall not make any payments contemplated under this Agreement until the environmental review process has been completed by the City in accordance with the 24 CFR 58, nor may any costs be incurred by the Project Sponsor until completion of the Environmental Review.The Project Sponsor will be notified by the City when costs may begin to be incurred through the issuance of a written Notice to Proceed. A. Air,Water& Environment The Project Sponsor agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. The Clean Air Act(42 U.S.C., 1857, et seg.); 2. The Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et sea.)as amended; 3. Environmental Protection Agency(EPA) regulations pursuant to 40 CFR 50, as amended; 4. The National Environmental Policy Act of 1969;and 5. HUD Environmental Review Procedures (24 CFR 58). B. Flood Disaster Protection To the extent applicable,the Project Sponsor agrees to comply with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4106)in regard to the sale, lease or other transfer of land acquired,cleared or improved under the terms of this Agreement. C. Lead-Based Paint The Project Sponsor agrees that any construction or rehabilitation of structures with assistance provided under this Agreement shall be subject to HUD lead-based paint regulations 24 CFR 35,et.al., dated September 15, 1999. D. Historic Preservation The Project Sponsor agrees to comply with the requirements set forth in the National Historic Preservation Act of 1966(16 U.S.C.470),as amended, and the procedures set forth in 36 CFR 800 et seq., insofar as they apply to the performance of this Agreement. XI. AGREEMENT IN MULTIPLE COUNTERPARTS The parties hereto agree that this Agreement may be executed in one or more counterparts, each of which shall,for all purposes, be deemed an original and all of such counterparts,taken together,shall constitute one and the same Agreement. 14 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above. For the City: Signa ure Richard G. Kozal,City Manager Name and Title(Printed) Attest: Kimb A. s,City Clerk Date For the Project Sponsor: Signature Lynn O'Shea, Executive Director Name and Title(Printed) Date is CITY OF ELGIN COMMUNITY DEVELOPMENT PROGRAM Exhibit A: Project Description, Tasks, Schedule, and Budget Project Description The Project Sponsor will make improvements to their facility located at 1135 Bowes Road in Elgin, IL. Specifically,the project will involve the construction and installation of a glass windbreak.The windbreak will consist of the installation of two 1-3/4"x 4-1/2"dark bronze anodized aluminum frames glazed with%" clear tempered glass(approximate size 42"x 96"). In addition,the work will include the furnishing and installation of two automatic door closers.This will include the installation of two drop down mounting brackets for storefront applications as well as hard-wired push buttons to replace the existing.All existing components will be disposed of offsite.Said work is further detailed in a Scope of Work and detailed schematic drawings contained in the City's project file and incorporated into this Agreement by reference. Tasks The Project Sponsor shall be responsible for all tasks required to complete the project described herein, including, but not limited to the following: 1. Preparation of the necessary project specifications; 2. Preparation and reproduction of all required bidding documents; 3. Procurement of contractor services through competitive bidding; 4. Supervision of work performed to ensure compliance with the provisions of this Agreement;and 5. Inspection of work performed to ensure satisfactory completion of the project. Proiect Schedule The Project Sponsor shall complete the project described herein according to the following schedule: Prepare Project Plans/Specifications September 2017 Advertise/Distribute Bidding Documents September 2017 Receive/Open Bids October 2017 Award Construction Contract November 2017 Begin Construction Work November 2017 Complete Construction Work January 2018 Complete Project February 2018 Project Budget Project Sponsor Elgin Expenses Funds* CDBG Funds Totals Construction Contract $0 $17,650 $17,650 Independent contractor to complete work described herein. Permits $0 $298 $298 Project Management/Oversight(In-kind services) $1,750 $0 $1,750 Totals(and Proportional Share of Total Project Cost) $1,750(9%) $17,948(91%) $19,698 *Project Sponsor certifies to City that the aforementioned funds/services are committed and available for use in completing the project described herein. 16