data/data_text/00000BQ5.pdf.txt

Contract Summary Sheet

Contract Number: | 25°

Specification Number: 773,

‘Name of Contractor: UNITED NEIGHBORHOOD ORGANIZATION
City Department and Contact Person: HOUSING-Sonia Medina

Title of Contract: Home Repair for Accessible and Independent Living
‘Term of Contract (start/end dates): 01/01/03 ~ 12/31/03,

Number and length of time of any extension options: 2 one year contract option
extension
Dollar Amount of Contract (or maximum compensation if a Term Agreement):

$ 180,000

Brief Description of Work:

Complete 3 bathroom/kitchen modifications, 3 wheelchair ramps, 49 minor security
and enabling repairs affecting 68 persons.

Procurement Services Contact Person:

UNTITLED
Purchase: [aS
Supplier'Vendor Gode# 027725 A
}.180,000.00

‘Maximum Compensation:

DELEGATE AGENCY AGREEMENT
BETWEEN
THE CITY OF CHICAGO
DEPARTMENT OF HOUSING

and

UNITED NEIGHBORHOOD ORGANIZATION

(CONTRACTOR)
‘CDBG Program

CFDA. Number 14.218

From JANUARY 1*", 2003 TO DECEMBER 31°", 2003

‘Th Foxm Toe Used Only For Delegate Agnney Agreements Funded Wholy Trough The Unted States Deparment Of
"ossng nd Urn Sevlopmants Commanty Developmen Back Gran Program Yeu 2X8 (Revise 1723103)

UNTITLED-002
‘Signed at Chicago, tlinors

United Neighborhopd Organization

By:
Name:___buan_Rangd
Title: EX@C Dir. (must be or executive director or corp. president”)

State of _T1linozs

county of C00%
x ngrument wa acknowledged before me ond Late) ty_Svaw fame | (samels of peso
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+ Inthe event that this Agreomants signed by any individual other than the corporate president or the executive
<cectr, attach a copy ofthat section of Corporate By-Laws or ahr authonzaton, such asa resoluton by the Bosré
‘of Deactors, which permts the individual to sign the Agreement for te Contractor

“Ts Form a To Be ed Ont For Delegate Agancy Agreement Funded Wholly Through The Una States Dapariment Of
‘ocing hod Utan Deetopments Community Development Block Gran Program (Ye 2X3) (Revieed 102302

UNTITLED-003

‘Signed at Chicago, Minos:

CITY OF CHICAGO
By
Mayor
Recommended By:
Compirolier
Commussoner
Ghiet Procurement Officer
United Neighborhop@ Organization

Name ___Buart Rangéd
Tite EX€c Dir. _(mustbe or executive director or corp. president’)

State of _I11an01s
County of COOK

>
anstrument was acknowledged before me on!) yh 4dateyby Sve _faaye | trams of person's)
os Ueda (ope of salon leg, offee, nee, we) Sf pia

Ox, ain de (name of arty on behalf of whom instrument was executed).

WA SrA SEAL
“Signature of Netty Pubbec GRACIELA PERALES
son Fon SESS
cous aeesczae

inthe event that tis Agreements signed by any ndevidus! other than the corporate president or the execvive
‘directo, attach a copy ofthat section of Corporate By-Laws or other authonzation, such as aresoluton by the Board
‘of Doctors, which perms the individual to sign the Agreement for the Contractor

Ros fomis Te vet ony Fr Clanton Arenas unde Whey Trough Tha Una Sts Depart Of
ousing Ana Urban Developments Communty Beveopment Block Grant Program (Yeu XD) (Revises T2302),

UNTITLED-004
‘AGREEMENT

This Agreement is entered into as of the 1st. day ofJanuary_, 200 3_ by and between
United lieighbarhood Organs 2atiana corporation (‘Contrator). whose mang address
954 8 Washington, Cha. T1--aa6d and the CITY OF CHICAGO (C1),
‘Smmuncipalcorporabon and home fle unt loca goverment ex under the Constitution ofthe State

of lines, acing tough ts DEPARTMENT OF uous.ng _ (Department), whose mating
‘address is 218 S. Michagan Avenue (6 + at Chicago, lino.

BACKGROUND INFORMATION,

‘The City has recerved Community Development Block Grant ("CDBG") funds pursuant to the
‘Housing and Community Development Act of 1974. COBG funds are to be used for the development of,
‘able urban communites, by providing decent housing, a suitable ning environment and expanding
‘economic opportunties, principally for persons of low and moderate income.

Home Repair for
“The City Counal of Chicago has appropriated CDBG funds to be used foriccessible & Independant.
lazing” [program name] and the City desires to enter into this Agreement with the Contractor to
Provide services under this program

“The Contractor represents that has the professional experience and expertise to provide these
‘services tothe fll satsfaction of the City and that is ready, wiling and able to enter nto ths Agreement.

This Agreement wil take effect as of _January 1 2003 and continue through
Decenber 31,,, 2003 ("Term or unt the Serves are completed or unti this Agreement is terminated,
Whichever occurs fist

under this Agreement will be made from Fund Number a0
‘and are subject to annual appropriation and availabilty of funds.

‘The maxmum compensation that Conivactor may be paid under this Agreement, without an amendment
to this Agreement authoring a higher amount, 6 $180,000 (the "Maximum Compensation’.

Now, Therefore, the parties agree as follows

“Ts Fors To Be Used Ony For Delage Aganey Agreement Funded Wholy Though The Unted Stats Department Of
Toco sna Urton Beveepnant's Communty Dever Bick Grant Program (Year XRD) (Revised 1072302.

UNTITLED-005
‘TERMS AND CONDITIONS

ARTICLE 1
INCORPORATION OF BACKGROUND
INFORMATION

‘The Background Information is incorporated by
reference

ARTICLE2
‘TERM AND FUNDING

24 CONTRACT PERIOD

The Term of this Agreement 1s noted in the
Background Information Also, the Contractor
‘acknowledges that in the performance of the
‘Serwces, TIME 1S OF THE ESSENCE

22 PROGRAM FUNDING

‘Any payments under this Agreement willbe made
from the Fund Number shown n the Background
Information andis subjectto annual appropnation
‘and availablity of funds The Maumum
‘Compensation that Contractor may be paid
without an amendment authonzing a higher
‘amount, 1s noted in the Background Information,

‘The City, ints sole discreton, may reduce the
Mamum Compensation at any time, upon
wniten notice to the Contractor Upon reduction
(of the Maximum Compensaton, the Contractor
‘mil fully cooperate with the City’s deobigation
andlor reprogramming of funds.

23. EXTENSION OPTION

The Chief Procurement Officer of the City of
(Chicago ("Chief Procurement Officer") may, pAor
to tis Agreement’s exprration, extend this
Agreement for up to 2 additonal years, each
ppenod not to exceed 1 year, by wntten notice to
the Contractor

‘Terms and Conditions - Page 1 of 23
24 EARLY TERMINATION

‘The City may terminate this Agreement, or any
portion of # remaining to be performed, at any
‘ume, upon wntten notice tothe Contractor ifthe

1s terminated by the City, the
Contractor wil deliver to the City al fished or
Unfinished documents, data, studies, and reports
Prepared ty the Contractor under this
‘Agreement. Payment for the work performed
before the effective date of such terminaton wall
bbe based upon a proration of the work actually
Performed by the Contractor to the date of
fermnaton, as determined by the Chef
Procurement Officer Payment made by the City,
pursuant to such proration, wil be in full
settioment for all Services rendered by the
Contractor

2.5 CONTRACTOR CONTRIBUTIONS

‘The Contractor will contnbute to the payment of
expenses incurred in performing the Services, the
amounts, if any, described im Exhibit C The
Contractor's coninbution will be cash oF in-kind.

2.6 _NON-APPROPRIATION

Ino funds or insufficient funds are appropnated
‘and budgeted in any City fiscal penod for
payments to be made under this Agreement, the
Cty wall notfy Contractor in writing of such
‘occurrence and this Agreement wil terminate on.
the ear of the last day ofthe fiscal penod for
Which sufficent appropnation was made or
whenever the funds appropnated for payment
under this Agreement are exhausted. No
payments wil be made or due to the Contractor
Under this Agreement beyond those amounts:
appropriated and budgeted by the City to fund
payments under this Agreement.

‘Te Fax YB Uned Oty For Delegate Agency Agreements Fundea Wholly Trough The Untied States Deparment Of
‘ouing hn Urtan Deepens Commun Development Block Grant Program (Yer 2D) (Revised 17212)

UNTITLED-006
ARTICLE 3
DUTIES OF THE CONTRACTOR

3.4 SCOPE OF SERVICES
(WORK PROGRAM)

‘The Contractor will carry out the Services
pursuant tothe Scope of Services (Work
Program), attached as Exhibit B and
mcorporated by reference, and the Budget
‘Summary, attached as Exhibit C and
Incorporated by reference, in accordance with
the requrements of this Agreement The
Scope of Services (Work Program) is ntended
to be general in nature and is neither 2
‘complete descnpton of the Contractor's
‘Services nor a limitation on the Senaces which
the Contractor will provide.

32. STANDARD OF PERFORMANCE

‘The Contractor will perform all Services under
this Agreement withthe degree of sil, care
‘and diigence normally shown by a contractor
performing services of a scope, purpose and
‘magnitude comparable with the Services
(Standard of Performance"). The Contractor
wil use is best efforts on behalf of the City to
‘assure timely and satisfactory completion of the
Services

HW? the Contractor fas to comply with the
‘Standard of Performance, the Contractor will
‘continue to perform any Services required by
the City 28 a resut ofthe failure This provision
sno way limits the Cis legal or equitable
rights against the Contractor

‘Terms and Conditions - Page 2 of 23
33 CONTRACTOR'S PERSONNEL

{assignment of personnel is required for the
proper completion ofthe Services or is
‘otherwise required by this Agreement, then the
Contractor will assign immediately and maintan
for the duration of the Services, a staff of
competent personnel that is fully hcenced,
‘equipped, competent and qualified to perform
the Serces. The Contractor wil retain and
‘make available to the City, state and federal
‘agencies governing funds provided under this
‘Agreement, proof of certification or expertise
Including, but not imited to, licences, resumes.
‘and job descnptons.

3.4 MINORITY-OWNED AND WOMEN-
‘OWNED BUSINESS ENTERPRISE
PROCUREMENT PROGRAM

‘A. Ifthe Contractor's Scope of Services
(Work Program) 1s solely imited to
social services (including, but not limited
1, 0b traning and placement,

with the Minority-Owned and Women-
‘Owned Business Enterpse
Procurement Program (the *MBE/WBE
Ordinance”). Municipal Code of the City
(of Chicago (the "Municipal Code")
‘Section 2-62-420 et seq.

1M, however, the Contractor's Scope of
‘Sermces (Work Program) includes
Construction, renovation, rehabilitation
‘or faciity enhancement, the Contractor
must comply with the MBEWBE
‘Ordinance, except to the extent waved
by the Chief Procurement Officer

“Te Form To Be Used Only For Delegate Agency Agreements Funded Whally Through The Unted States Drsarment Of
‘owing hn Urban Developments Communty Development Block Grant Program (Yeu XN) (Revised 10232)

UNTITLED-007
3.5. NON-DISCRIMINATION

Eederal Requirements
In performing the seraces under ths
‘Agreement and is employment
practices the Contractor must not

1. fall or refuse to hire or discharge
any indiwdual, or otherwise
discriminate against any
individual with respect to hss or
hher compensation, or the terms,
conditions, or pnvieges of is or
her employment, because of
‘such individua's race, color,
religion, sex, age, handicap or
rational ongin; or

i. lm, segregate, or classi its
‘employees or applicants for
‘employment in any way that
‘would deprive or tend fo deprive
any indivdual of employment
‘opportunites or otherwise
adversely affect the individual's
status as an employee, because
of that indwduat's race, color,
religion, sex, age, handicap or
rational ongin

In discharging the
responsibiltes required by the
terms and conditions of ths
‘Agreement, the Contractor will
comply with the Gral Rights Act
cof 1984, 42 U.S C § 2000 et
+308 , Execute Order No
11246, as amended by
Executve Order No 11375 and
by Execubve Order No 12086;
the Age Discrmination Act of
4975, 42 U S.C. §§ 6101-6106,
Title IX of the Education
‘Amendments of 1872, as
amended (20 US C 1681-83
and 1685-86); the Rehabiltation
‘Act of 1973, 29 USC §§ 793.

‘Terms and Conditions - Page 3 of 23

704; the Amencans with
Disablibes Act, 42 U S.C. §
42104 et seq,, 41 CFR part 60,
and all other applicable federal
statutes, regulations and other
laws.

‘State Requirements
in performing the sermces under ths
‘Agreement, the Contractor will comply
wih the thnors Human Rights Act, 775
ILCS 811-101 gtsea, the Pubic Works

Dscnmination Act. 775
LCS 1000.01 etseq_and any rules and
regulatons promulgated thereunder,
including, but not irmted to, the Equal
Employment Opportunty Clause, $4 I
‘Admin Code § 750 Appendix A, and al
‘other applicable state statutes,
reguiatons and other laws.

ity Requirements
in performing the services under this
‘Agreement, the Contractor wil comply
with the Chicago Human Rights
Ordinance, Municipal Code § 2-160-
010, and ail other applicable City
cordmances and rules. Further, the
Contractor must furnish, and cause
every subcontractor to furnsh, such
reports and information as may be
requested from ime to time by the
Chicago Commission on Human
Relations,

‘Subcontractors Required to Comply
‘The Contractor vall ncorporate all ofthe
provisions set forth in this Secton in a
subcontracts entered into with all
suppliers of materals, furnishers of
sernces, subcontractors of any tier, and
labor organizations which fumish skiled,
‘unskiled and craft union skiled labor, oF

‘tm Frm le Yo Be Used Ony For Dlegte Agency Agreements Funded Whoty Through The Unded Stats Deparment Of
‘owsng and Uren Dowlpments Communty Development Block Grant Progam (Year XX) (Revwed 102302)

UNTITLED-008
‘The Contractor must cause its
subcontractors to execute such
Certficates as may be necessary n
furtherance of these prowsions. Such
Certifications willbe attached and
Incorporated by reference in the
applicable subcontracts If any
‘subcontractor 16 a partnership or jomnt
venture, the Contractor wll also include
prowsions in ts subcontract insunng
that the entives compnsing such
partnership or nt venture wil be jrnty
‘and severally lable forthe partnership's
‘or omnt venture's obligations under the
subcontract.

INSURANCE

Contractor must provide and mantain or
‘cause to be provided dunng the term of
thus Agreement the insurance coverages
and requrements spectfied in Exhibt €,
Insuring all operations related to this.
‘Agreement. Contractor must submit
Certificates of Insurance ofthe required
coverage's prior to thus Agreement
bing fully executed to

ity of Chicago
s Office

Federal Funds Insurance Unit

33 North LaSalle Street

Room 800

‘Chicago, linois 60602

3.7 INDEMNIFICATION

‘A. Contractor must defend, indemnity,
Keep and hold harmless the City, ts
officers, representatives, elected and
‘apponnted officals, agents and
employees from and against any and al
Losses, including those related to

1. yury, death or damage of or to.
any person or property,

‘Tes Form To Be Used On For Delegate Agency Agreements Funded What
‘Commu Development Block Grant Program Yeu XH) (Revaea WAZ,

‘cing hea Ursan Deveoments

‘Terms and Conditions - Page 4 of 23,

ji, any mfnngement or voiaton of
any property right (eluding any
patent, trademark or copyright),

Hi, failure to pay or perform or
cause to be paid or performed
Contractor's covenants and
‘bigations as and when required
under this Agreement or
otherwise to pay or perform its
‘obligations to any Subcontractor,

iv, the City’s exercise of ts nghts
and remedies under this
‘Agreement; and

¥. —_inyunes to or death of any
‘empioyee of Contractor or any
‘Suboontractor under any
Workers compensation statute

"Losses" means, individually and
collectively, liabilities of every kind,
including losses, damages and
reasonable costs, payments and
expenses (such as, but not limited to,
‘court costs and reasonable attomeys!
fees and disbursements), clams,
demands, actons, suts, proceeding
judgments or settlements, any or al of
which in any way anse out of or relate to
the acts or omissions of Contractor, its
employees, agents and Subcontractors

‘At the City Corporation Counsel's
‘option, Contractor must defend all suts
brought upon all such Losses and must
pay all costs and expenses incidental to
them, but the City has the nght, atts
‘option, to participate, at ts own cost, in
the defense of any suit, without relieving
Contractor of any of ts obligations
Under this Agreement. Any settlement
‘must be made only with the prior wntten
consent of the City Corporation
Counsel, ifthe settlement requires any
‘action on the part of the City

Trough The United Stats Dapatment OF

UNTITLED-009
To the extent permssibie by law,
Contractor wawves any lms tothe
‘amount of ts obigations to indemnity,
‘efend or contnbute to any sums due
under any Losses, including any clam
by any employee of Contractor that may
be subject to the Workers
Compensation Act, 820 ILCS 305/1 et
2 any other aw or udical decsion
(such as, Kotecav Wels
‘Corparation, 148 II 2d 185 (1991).
‘The City, however, does not warve any
lntatons it may have ont habiity
under the tno Workers
Compensation Act, the lino Pension
Cove or any other statute. Contractor's
vwawer under ths prowsion, however,
not intended and does not requre
Contractor to indemnity the Cty forthe
Citys own negigence in ciation ofthe
Gonstructon Contract Indermticaton
for Neghgence Act (“Ant-Indemnty
Act), 740 ILCS 36/0.01 et sea. the
‘antindemnity Act apples.

‘The indemnites contained m this
section survive exprration or termination
ofthis Agreement for matters occuring
‘or ansing dunng the term of ths
‘Agreement or asthe result of or dunng
the Contractor's performance of
Services beyond the term Contractor
acknowledges that the requrements set
forth n ths secton to indemnity, keep
and save harmless and defend the City
‘are apart from and not limited by the
Contractors duties under this
‘Agreement, including the insurance
requirements under Section 36 Inthe
‘event that a court or other governmental
‘authonty having competent junsdicton
determines any portion or prowsion of
thus Section to be moperative or
unenforceable pursuant tothe Anti
Indernnty Act, the noperative or
Lnenforceable portion or provision wil
be deemed severed and deleted, and

‘Terms and Conditions -Page 5 of 23.

the remaining provisions wil remain
‘enforceable to the maximum extent
permitted by applicable law

3.8 NON-EXPENDABLE PERSONAL,
PROPERTY

‘The Contractor will comply with all Federal,
State and Local laws and ordinances regarding
property management

‘The Contractor will request and receive wntten
‘uthonzation from the City por to the purchase
of tangible personal property having a useful
life of more than 1 year and an acquisition
cost of $5,000 or more per unit with funds
received pursuant to this Agreement
(CNon-expendable Personal Property’)

All Non-expendable Personal Property will be
the property ofthe City to the extent that such
property s not the property ofthe federal
‘government or the State of tlinos.

‘The Contractor wil mamtain a current ventory
listing of such Non-expendable Personal
Property and will delver a copy of such listing
to the City on an annual basis.

“The Contractor wil retum able
Personal Property tothe Cty, upon the
termination ofthe Services, completion of this
‘Agreement or at any tne requested by the
Department. However, upon the receipt ofthe
{inal ventory ofall Non-expendable Personal
Property, the City may allow such property 10
remain i the possession ofthe Contractor f
the City, mts sole discretion, determines that
the Non-expendable Personal Property 1s
necessary forthe performance of any new or
other services by the Contractor forthe Cty.

39°  SUBCONTRACTS
‘Al subcontracts and all approvals of

subcontractors, regardless of ther form, will be
‘deemed to be conditioned upon performance

‘Tm Form eT Be Used On For Delegate Agency Agreements Funded Why Through Th United States Department Of
ecsng Ana Urton Development's Communty Development Block Grant Program (Yeu Xs Remsed 102303)

UNTITLED-010
by the subcontractor in accordance wth the
terms and conditions of tis Agreement The
approval of subcontractors will under no
cercumstances operate to relieve the Contractor
Of any of tts obligations or habities under ths
‘Agreement.

Upon entering nto any subcontract, the
Contractor wil furnish the City with 1 copy of
the subcontract for distnbution to the Chief
Procurement Officer and the Department All
subcontracts will contain provisions that require
the Services to be performed in stnct
accordance withthe terms and conditions of
tus Agreement and that the subcontractor s
subject to all ofthe terms and conditions of this
Agreement, inciuding the nights of the City to
‘approve or disapprove of the use of any
‘subcontractor AS long as such subcontracts
do not prejudice any ofthe City’s nghts under
ttus Agreement and do not affect the quality of
the Services to be rendered in any way,
‘subcontracts may contain diferent provisions.
than are provided in ths Agreement,

3.40 PROGRAM INCOME

‘The Contractor wil return to the City all gross
income received by the Contractor that 1s
directly generated by the use of funds receved
from the Caty (Program Income") n any form
‘oF manner the City requires Program Income
includes the followang’

‘A. proceeds from the disposition by sale or
long term lease of real property
purchased or mproved wih City funds,

B. proceeds from the disposition of
equipment purchased with City funds,

C. gross income from the use or rental of
Teal or personal property acquired by
the Contractor with City funds, less the
cost incxdental to the generation of such
come;

3a

‘Terms and Conditions - Page 6 of 23

(ross income from the use or rental of
‘eal property owned by the Contractor
iat was constructed or mproved with
Cty funds, less the costs incidental to
the generation of such income;

proceeds from the sale of obligations
‘secured by loans made with City funds,

interest eared on funds held in a
revolving fund account,

interest eared on Program Income
‘pending dispositon of such income, and

funds colected through special
‘assessments made against properties
‘owned and occupied by households of
low and moderate income persons
where such assessments are used to
recover all or part ofthe City’s porton of
«public improvement

RELIGIOUS ACTIVITIES
Definitons:

“Pervasively Sectanan Organization”
‘means an organization whose primary
purpose is religious, such as a church,
synagogue, mosque, religious primary
(oF secondary school, or corporate ently
which includes such relgious uses.

*Reigously Afftated Organvzation”
means an entity with a secular purpose,
whichis affliated with a Pervasively
‘Sectanan Organization or whose
members are motwvated by a religous
purpose

“Line-item-Services Agreement" means
‘an Agreement forthe provision of items.
(e.g., meals, vaccnations, etc.) or
services (e.g., homeless services, job
training, child care, medical care, etc ),
‘which sets forth each particular type of

‘Tus Form eT Be used Only For DstegateAgoncy Agreements Funded Whol Thyough The Untod States Deparment Of
Housing And UrsonGowlopments Cammunty Development Blk Grant Program (vet XA) (Revised 102303)

UNTITLED-011
expenditure for which Contract amounts
are to be spent, and which is based on
the number of persons to be served

‘The Contractor warrants that n
prowding the Services

it wall not discrminate against
‘employee or applicant for
‘employment on the basis of
religion and wall not ir
‘employment or give preference
to persons on the basis of,
religion, unless otherwse
expressly allowed by law,

‘twill not discriminate against
any person applying forthe
‘Services on the basis of religion
‘and wil not kmit the Services oF
‘ave preference to persons on
the basis of reigion,

iil, stall not prowde religious
instructon, conduct religious
worship or services, or engage in
religious proselytizng, nor,
unless otherwise expressly
allowed by law, will t prowde
religious counseling or exert
‘other relgious influence m the
promsion of the Services.

It tus Agreement s any type of
‘agreement other than a Line-Item-
Seruces Agreement, the Contractor
warrants that its not a Pervasively
Sectanan Organization,

lf the Contractors a Pervasively
Sectanan Organization, then Contractor
‘warrants that will not use any funds
recenved under this Agreement for any
{general purposes of the Contractor, and
that i wll retum to the City any such
funds not spent by ton the Services,
Promptly upon completion of the

‘Terms and Conditions - Page 7 of 23

‘Sermeces or terminaton ofthis
‘Agreement in accordance with its terms,
whichever occurs earter.

Ifthe Contractor is a Religiously
Afiiated Organization and itrecewes
funds under this Agreement for
construction, rehabaltation or faciity
fenhancements ("Improvements") of
premises, the Contractor warrants that
the premises wil be used for wholly
‘secular purposes and that f, during the
Useful life of the Improvements, the
premises are ever used for any religious.
purposes by the Contractor, its
‘Successors or assigns, the Contractor
will rmburse the City forthe present
value of the Improvements, up to the
amount of funds provided by the City for
the improvements.

F. The Contractor's breach of any of the
warrantes descnbed inthis Section
3.11, m additon to any other remedies
available at law, in equity or under this
‘Agreement, entiies the City to void ths
‘Agreement and recapture all funds
‘gen to the Contractor under this
Agreement.

342 DRUG-FREE WORKPLACE

The Contractor must administer a policy
designed to ensure that the program facility is
{ree from the illegal use, possession, or
distnbution of drugs or alcohol by its
beneficianes The Contractor must further
‘maintain a drug free workplace In accordance
with the requirements of the Drug Free
Workplace Act of 1988 (Pub L. 100-890 and
24 C.F.R Part 24, Subpart F), and the linoss
Drug Free Workplace Act (30 ILCS 5801 et
's2a)) and must implement specific policies and
guidelines as may be adopted by the City. In
‘addition, the Contractor must execute

‘wt Form To Ba Used Ooty For Delegate Agency Agreements Fundea Wholy Through The Ute States Deparment OF
oven And Urtan Developments Communty Deveiopment Black Grat Program (Yet 200) (Revised 102302)

UNTITLED-012
Certfications pursuant othe Drug Free
Workplace Act of 1988, as may be requested
by the Department.

Contractor will establish procedures and
polices to promote a drug free workplace.
Further, Contractor wil ntfy all employees of
its policy for maintaining a drug free workplace,
‘and the penaltes that may be imposed for drug
‘abuse violations occuring inthe workplace
‘The Contractor will notify the Caty if any of ts
employees are convicted of a cnminal drug
offense in the workplace no later than 10
calendar days after such conviction

3.13 ACKNOWLEDGMENT OF FUNDING
‘SOURCES

‘A. The Contractor wil not make any public
‘announcement with respect to the
‘Services without the por writen
approval ofthe City The Contractor wil
‘conspicuously acknowledge the co-
‘sponsorship ofthe City on all
promotional matenals including, but not
limited to, brochures, flyers, writen or
electronic pubic notes, news releases,
‘public service announcements,
‘acknowledgments at any special events
Intended to promote the Services, or
‘Soictaton of the prvate sector. The
Contractor wil not attnbute any
Statement to the City without the City's
nor wntten approval

All reports, maps and other documents
‘Completed as part ofthis Agreement,
other than documents excluswely for
internal use within the City, wil contain
the following information n a
‘conspicuous place on the front ofthe
report, map or document

1. the name of the City of Chicago,

‘ou Form ie Toe Used Only For Delegate Agen
owsing And Ursa Oevopments

‘Terms and Conditions - Page 8 of 23

i, the month and yesr of
preparation; and

lil, the name of the project.

B. Also, f the Contractor is expending
{federal funds under this Agreement, the
Contractor, when issuing statements,
press releases, requests for proposals,
bid solictatons, and other documents
<deseniing projects or programs funded
in whole or in part with federal money,
will learty state:

|. the percentage of the total costs
‘of the program or project which
will be financed with federal
money,

fl the dollar amount of federal
funds for the project or program;
and

ii, the percentage and dolar
‘amount of the total costs of the
Droject or program that will be
financed by nongovemmental
sources

‘Such statement must not represent or
suggest m any way that the views
‘expressed are those of the federal
‘government

ARTICLE 4
REPORTING, MONITORING &
‘DOCUMENTATION

4.4 REPORTING REQUIREMENTS
‘The City wil set forth the speatic reporting

requirements, f any, the Scope of Services
(Work Program) attached as Exhibit 8

Funded Wot Trough The Unted Stats Deparment Of

Aareements
Community Development Bleck Gran Program (Yeu X23 Remeed 10242)

UNTITLED-013
42 RECORDS

‘The Contractor wil maintan and make
‘available to the City information such as, but
‘ot imited to, dates of and reports or
‘memoranda desenbing the Contractor's
actites that is necessary to assist the City in
its compliance with all appicable laws The
Contractor wil maintamn all documents
pertaining to thus Agreement including, but not
lumated to, all financial, stabsticl, property and
ppartspant information documentation

‘The Contractor will retain books,
documentation, papers, records and accounts
tn connection with this Agreement mn a safe
place for at least 5 years after the City and, if
‘applicable, the federal government determines
that the Contractor has met all closeout
requirements for this Agreement, and wil keep
them open to audit, nspecton, copying,
‘abstracting and transcnption, and wil make
‘these records available tothe City, the United
States Comptroller General or the Auditor
General ofthe State of llinoss at reasonable
‘umes dunng the performance ofits Services

Ht Contractor conducts any business operations
separate from the Services using any
personnel, equipment, supplies or faciites also
Used in connection with this Agreement, then
Contractor will maintain and make available to
the Gity the US Comptroller General and
‘Auditor General ofthe State of limos detaied
records supporting Contractor's allocation of
the costs and expenses attnbutable to any such
‘shared usages.

‘The Contractor will manta books, records,
and documents, and wil adopt accouning
Brocedures and praches suficent to reflect
Dropery al costs of whatever nature clamed to
Rave been ured and anbemated to be
incurred for oF m connection wth the
perfomance of ts Agreement This system of
Socounting must be m accordance with

‘Terms and Conditions - Page 9 of 23,

‘generally accepted federal accounting
principles and practces, as set forth in the
applicable OMB Circulars A-21, A-87, A-102,
A110, A-122 and A-133,

The Contractors failure to maintain any books,
records and supporting documents required by
‘ths Section will establish a presumption in
favor ofthe City for the recovery of any funds
paid under this Agreement for which adequate
books, records, and supporting documentation
are not avaiable to support ther purported
‘disbursement

No provision in this Agreement granting the City
‘a nght of access to records and documents
impars, mits or affects any nght of access to
such records and documents that the City
‘would have had in the absence of such
Provisions.

43° AUDIT REQUIREMENT

If the Contractor is a not-for-profit corporation
land 1s expending federal funds under this and
‘other agreements totaling $300,000 or more
dung its fiscal year, it must submit an audit
‘conducted in accordance with OMB Circular A-
133 (entitled "Audits of States, Local
Governments and Non-Profit Organizations"),
the compliance requirements set forth in OMB
‘Compliance Supplement, and any additional
testing and reporting required by the City. if an
4-133 audits required, that audt must cover
the tme penod specified by OMB Circular A-
1133 and its mplementing reguiatons.
‘Organczation-wide audited financal statements
‘must, at a mnumum, cover the Term of this
‘Agreement.

Hf the Contractor is @ for-profit entity, then itis
‘subject to the annual audit requirements under
generally accepted government auditing
standards (Government Auditing Standards)
promulgated by the Comptroller General of the
United States (for-profit entites).

‘Ts Form To Be Used Only For Osepate Agency Agreements Funded Wholly Through The United States Department Of
Housing And Urton Grlopments Cormmunty Deveepment Blok Grant Program (ver 1X0) (Raviaed TO,

UNTITLED-014
‘The Contractor acknowiedges thatthe City may
perform, or cause to be performed, vanous.
‘onitonng procedures relating tothe
Contractor's award(s) of federal funds,
including, but not kmited to, “limited scope
‘utits" of specific complance areas

‘The Contractor must subrmt the aucit reports
vathin & months after the end of the audit
penod. The Contractor must submit the audit,
within this tme frame, to the Department and
te

(Cty Department of Finance
Internal Audit

‘Aut Compliance Unit

33 North LaSalle Street, Room 800
‘Chicago, linors 60802.

f an OMB audit is required, the Contractor wll
also send a copy ofthe audit, within the same
lume frame indicated in Sec. 320 of OMB
Circular A-133, to

Federal Audit Cleannghouse
Bureau of the Census

1201 E. 10th Street
Jeffersonvile, IN 47132

Further, the Contractor must submit, wth the
‘audit, a report which comments on the findings.
‘and recommendations n the audit, ncluding
‘corrective action planned or taken. Ino acton
's planned or taken, an explanation must be
included Copies of wntten communications on
‘non-material compliance findings must be
‘submitted to the Department and the City
Department of Finance.

‘The City retains its nght to independently audit
the Contractor

Ifthe Contractors found in non-compliance
with these audit requirements, by etter the City
cr any federal agency, the Contractor may be

required to refund financial assistance recewved

‘Ta Form eT Be Used Oy For Deteate Agency

‘Terms and Conditions - Page 10 of 23

‘rom the City or the applicable federat
agency(ies)

44° CONFIDENTIALITY

Al reports, deliverables and documents
prepared, assembled or encountered by or
provided to the Contractor under this
‘Agreement are property of the City and are
‘confidential, and the Contractor warrants and
represents that, except as may be required by
law, the reports, delverables and documents
wall not be made available to any other
indondual or organization without the pror
watten consent of the Commissioner of the
Department ("Commissioner"). The Contractor
wil implement measures to ensure that ts staff
ad 8 subcontractor wa be bound by this
ction.

‘The Contractor will not issue any pubiicity news
releases or grant press interviews, and except
‘as may be required by law dunng or after the
performance of this Agreement, disseminate
‘any information regarding ts Services or the
Project to which the Services pertain without the
‘nor wntten consent of the Commissioner.

When the Contractor is presented with a
request for documents by any administrative
agency or with a subpoena duces tecum
regarding any records, data or documents
which may be in the Contractor's possession by
reason of this Agreement, the Contractor wil
immediately give notice tothe Commessioner
and the City’s Corporation Counsel with the
Understanding that the City will have the
‘opportunity to contest such process by any
means avaiable tot, before such records or
documents are submitted to a court or other
third party The Contractor wll not be obligated
to withhold such delivery beyond that time as
‘may be ordered by the court or administrative
agency, unless the subpoens or request is
quashed or the time to produce is otherwise
‘extended.

-Agreemants Funded Whol Though The United States Deparment Of

‘easng Ana Urban Devlopment's Commumty Development Bloc Grant Program (Your 3X8) Rawsed 02383,

UNTITLED-015
To the extent not defined here, the capitalized
terms in Exhbrt A-1 3 will have the same
‘meaning as set forth n the Health Insurance
Portabiity and Accountabiity Act (Act) See 45
CFR parts 160 and 164. Contractor and all ts
subcontractors must comply withthe Act and all
‘ules and regulations applicable toi including
the Pavacy Rule, which sets forth the
‘Standards for Privacy of Indnadually identifiable
Health informaton at 45 CFR part 160 and part
1164 subparts A and E; and the Standards for
Electronic Transactions, which are located at
45 CFR parts 160 and 162,

‘Additonaly, Contractor's Business Associate
‘X must comply with all requirements of the Act
applicable to Business Associates including the
rowsions contained im Exhibit A-1 3

IW the Contractor fails’ to comply with the
‘applicable provisions under the Act, such failures
will constitute an event of defauit under this
‘Agreement for which no opportunity for cure will
be provided

4.5 MONITORING
‘The Contractor wil allow the City

A tohave access at all umes to all facies
‘supported under this Agreement
whenever requested by appropnate staff
‘members of the City,

to have access at all tmes to all staff
Supported under this Agreement
whenever requested;

to make physical mspectons of the
premises used by the Contractor in the
Performance of the Servces and to
Feguire such physical safeguards to
safeguard the property andlor equipment
authonzed including, but not limited to,
requinng locks, alarms, safes, fre
extinguishers and sprinkler systems, and

‘Terms and Conditions - Page 11 of 23,

D. tobe present at any and all meetings held
by the Contractor, including, but not
limited to, staff meetings, board of
directors meetings, advisory committee
‘meetings and adsory board meetings, i
an tem relating to this Agreement is to be
discussed.

‘The Contractor will make staff available on a
regular basis at meetings convened by the
Department, forthe purpose of, but not limited to,
making presentatons, answering questions, and
addressing issues related to the Services "The
Contractor's chief executve officer, or their
<esignee, vil partcpate in all delegate agency
conferences.

‘The Contractor will respond waithin 2 weeks to
Questonnarres, any, regarding demographics,
staff, quaity, ec. from the Department.

Nothing in this Agreement willbe construed as
restricting or othermse limiting the rights of the
(Cty toward the appropnate management ofthis
program.

46 INTELLECTUAL PROPERTY

‘A. Patents and Copyrights

‘The City reserves an exclusive, perpetual
‘and irrevocable license to reproduce,
‘publish or otherwise use, and to authorize
others to use, for ‘City purposes,
including, but not imited to, commercial
explotation.

1. the copynght or patent in any
‘work developed under this,
‘Agreement; and

i anyrnghts of copynght or patent to
‘which the Contractor purchases
‘ownership with the funds awarded
pursuant to this Agreement.

‘Ts Form eT Be Used Ony For Delegate Agency Agreements Funded Wily Trough The Unted States Onpartment Of
‘ewan And Urtan Developments Communty Development Block Grant Program Yea XX) Renee’ T0383)

UNTITLED-016
tthe federal goverment determines that
2 patent or copynght which is developed
or purchased by the Contractor serves @
federal government purpose, a royaly-
fee, nonexcliswe and. revocable
license wil vest _m the federal
goverment

‘Any discovery or invention ansing out of,
for developed in conjunction with the
Sermces vail be promptly and fully
reported to federal government for a
<etermination as to whether patent
protection on such invention or discovery
shoul! be sought The nghis to such
patent wall be admmistered as set forth
above and in 37 C F.R Part 401

‘Ownership of Documents

All required submittals, including but not
lmted to work products, matenals,
documents, and reports any, descnbed
in Exhibit B, wil be the property of the
Gty Dung the performance of the
Services, the Contractor will be
responsibie for any loss or damage to the
documents whie they are in its
Possession and any such document lost
or damaged wil be restored at the
expense of the Contractor If not
restorable, the Contractor will be
responsible for any loss suffered by the
Cty on account of such destruction. Full
‘access to all finshed or unfinished
documents, data, studies and reports to
be prepared by’ Contractor hereunder
<duning the performance of Services willbe
available to the City dunng normal
business hours upon reasonable notice

fd Harm)
Unless prohibited by state law, upon
request by the Federal government,
Contractor wil indemnity, save, and hold
harmless the City and is officers, agents,
‘and employees acting within the scope of

‘Terms and Conditions - Page 12 of 23

their offical duties against any tabilty,
including costs and expenses, resulting
from any waful or ntentional violation by
the Contractor of propnetary nights,
Patents, copyrights, or nghts of prvacy,
ansing out of the publication, translation,
reproduction, delvery, use, or disposition
of any matenal or data produced under
the Agreement.

ARTICLE 5
COMPENSATION
5.1 BASIS OF PAYMENT

‘The Contractor wil be compensated for Services
performed andor costs expended pursuantto the
‘Budget Summary contained n Exhibit, which
‘attached and incorporated by reference

52. METHOD OF PAYMENT

The Contractor will submit MONTHLY
requisitions for reimbursement identifying the
Payment due for the Services andlor costs
‘expended in such detail and supported by such
documents as the City may require. The
‘equisttons for resmbursement will be on a form
provided and approved by the City The City wil
process the payment within 60 calendar days
following submission.

‘The requests for remmbursement and supporting
documents wail be sent to the Department's
Mailing Address noted in this Agreement's
Preamble.

‘The Contractor waves all nghts to payment ifthe
request forreimbursementis submitted later than
‘48 calendar days following the termination or
‘completion of tis Agreement. Costs incurred by
the Contractor after the expiration date or after
‘eather termination of this Agreement will nt be
aad by the City

‘Tim Frm Toe Utd Only For DlegnteAguncy Agreements Funded What Though The Und Sates Dopariment Of
ousing An Uren Development's Commanty Development Black rant rogram (eer XX) evaed 82Se2

UNTITLED-017
5:3 REDUCTION OF COMPENSATION

1f, after this Agreement 1s signed, anteipated
{federal andlor state funding is reduced for any
reason, then the City reserves the nght upon
‘wnitten’ notice to the Contractor to reduce or
‘modify the amount ofthe payments to be issued
to the Contractor under this Agreement If
federal andlor state appropriations are reduced to
such an extent that, in the sole discretion of the
Cty, no funds wall be avaiable to compensate the
Coniractor under this Agreement, then the City
wall pronde notice of such occurrence to the
Contractor The notice wall constitute notice of
Early Termination in accordance with this
‘Agreement.

HY, pursuant o a reduction in federal andlor state
funding, the Cty reduces the compensation tobe
paid to the Contractor under this Agreement, the
Contractor will have 30 calendar days, from the
date ofthe receipt ofthe wmtten notice, to submit
2 revised work program, budget or any other
necessary document (Revised Submitals") to
the City reflecting the reduction in the
compensation and accordingly modifying the
Services to be performed. The City wil ave the
‘discretion to modify the Revised Submtials as i
‘may deem appropnate in order to realize the
‘goals of the Agreement. The Revised Submittals
willbe reviewed by the Chief Procurement Officer
and the City’s Office of Budget and Management
‘and upon therr final approval wil become a part
Of this Agreement superseding the previous
documents

5.4 ALLOWABLE COSTS

All costs allowed by he City Comptrolie’s Office,
‘are not considered final and may be disallowed
‘upon the completion. of audits ordered or
performed by the City or the appropnate federal
Or state agency In the event of a disallowance,
the Contractor wil refund the amount disallowed
to the City.

‘Terms and Conditions - Page 13 of 23,
5.5 ADVANCES OF FUNDS:

‘The Contractor may request an advance of funds
and, at the Ctys sole discrebon, may receive up
toa5 calendar day operating advance, provided
the advance meets all federal, state and City
requirements for funding under this Agreement
All advances will be iquidated pnor to the end of
the contract penod in a manner specrfied by the
cy

‘NON-SOLICITATION

‘The Contractor warrants and represents that the
Contractor has not employed any person solely
for the purpose of soliciing or procunng this
‘Agreement, and has not made, and wil not
‘make, any payment or any agreement for the
payment of any commission, percentages
brokerage, contingent fee or other compensation
in connection with the procurement of this
‘Agreement

ARTICLE
DISPUTES

Except as otherwse provided in this Agreement,
the Contractor or the City wil, m wring, bring any
dispute conceming @ question of fact ansing
Under this Agreement, to the Chief Procurement
Officer for deasion | The Chief Procurement
Officer wil issue a wntten decision and mail or
cothermse furish a copy of tt to the Contractor.
‘The decision ofthe Chief Procurement Officer is
final and binding upon the parties. A copy of the
“Regutations of the Department of Procurement
Sermces for Resolution of Disputes between
Contractors and the City of Chicago” is avaiable
1m Cty Hall, 121 N. LaSalle, Room 301, Bid and
Bond Room.

cI
Dy MEDI

8.1. EVENTS OF DEFAULT DEFINED

“Tis Frm To Be Used Only For Delegate Agony Agreements Funded Wholly Through The ned States Department Of
‘ouaing And Urban Development's Communty Developmen black Grant Program (Yeu XD) fRevsed 102363),

UNTITLED-018
‘The following will constitute events of defaut.

A. Any matenal misrepresentaton, whether
rregligent or wilful and whether in the
inducement or the performance, made
by the Contractor to the City

B. Any matenal failure by the Contractor to
perform any of its obligations under this
‘Agreement including, but not lrnted to,
the following

1. Failure to perform the Services
with sufficient personnel and
‘equipment or with suffcent
material to ensure the
periomance ofthe Servoes due

reason or crcumstances
van "Contactors ressonable
contro,

W, Failure to perform the Services n
‘a manner satisfactory to the City,
‘or nabilty to perform the Services
satsfactonly as a result of
insolvency, fing for bankruptcy or
assignment for the benefit of
creditors,

i Faure to promptly re-perform
‘thin a reasonable time Services
that were rejected as erroneous,
or unsatsfactory;

Iv. Discontinuance of the Services for
reasons or crcumstances within
Contactors reasonable control,
and

¥. Failure to comply with a matenat
term or condition of this.
Agreement including, but not
lmited to, the provisions
concerning insurance and
ondisenmanation.

‘Terms and Conditions - Page 14 of 23,

©. The Contractors default under any other
‘agreement it may presently have or may
‘enter nto withthe Cty dunng the Term of
thus Agreement. The Contractor consents
that m the event of a default under this
‘Agreement, the City may also declare @
‘default under any other agreements wath
the Cty.

82 REMEDIES

Upon the City’s determination that an event of
default has occurred, the City wil give notice of
such occurrence to the Contractor n accordance
wath the terms and conditions of this Agreement
(Cure Notice”) Ifthe Contractor fails to cure the
‘event of default within 30 calendar days after the
Cure Notice 15 gwen, oF if the Contractor has
failed, m the sole opmion of the City, to
commence and continue diigent efforts to cure
the event of default, or if the event of default
cannot reasonably be cured within 30 calendar
‘days after the Cure Notice is given, then the City
‘may, in the sole discretion of the Cy, declare the
‘Contractor to be n default under this Agreement.
‘The decision to declare the Contractor to be in
default is within the sole discretion of the Chief
Procurement Officer, the decision 1s final and
bonding upon the Contractor, and netther that
decision nor the factual basis for it is subject to
review or challenge.

It the Chief Procurement Officer determines that
the Contractor isn default under this Agreement,
wate notification of this determination (Default
Notice") wll be provided to the Contractor, and
the Default Notice wall include notice of the
decision of the Chief Procurement Officer to
terminate this Agreement, f that 1s his such
decision. Upon the Gity’s giving the Default
Notice, the Contractor will discontinue any
services, unless otherwise directed inthe notice,
and will_delver all matenals accumulated inthe
performance of this Agreement, whether
completed or in the process, to’ the City
Following or at the same time as the Default

‘Tet For To Bo Used Ony For Oeapate Agency Agreements Funded Wholy Though The Unted Sites Deparment Of
ouang and Ursa Gewlopments Communty Deepen! Blk Grant Program (eet XX) (Revised 102303)

UNTITLED-019
Notice, the City may invoke any or all of the
{ollowang remedies:

‘A. The nght to take over and complete the
Services or any part of them as agent for
and at the cost of the Contractor, e1ther
rectly or through others The Contractor
‘wll have, wn that event, the nght to offset
from the cost the amount it would have
‘cost the City under the terms and
‘conditions of this Agreement, had the
Contractor completed the Services;

‘The nght to terminate this Agreement as
to any of all of the Servces yet to be
performed effective at atime specified by
the City,

©, The nght of specific performance, an
injunction or any other appropnate
‘equitable remedy agamst the Contractor,

D. The night to money damages,

E. _Thenght to withhold all or any part ofthe
Contractor's compensation, and

F. The _nght to deem the defaulting
Contractor non-responsible in future
contracts to be awarded by the City

If the City considers it to be in the City’s best
interests, may elect not to declare default or to
termnate the Agreement The partes
acknowledge that this provision is solely for the
benef ofthe City and that the City permits the
Contractor to continue to provide the Services
despite one or more events of default, the
Contractor will in no way be relieved of any of ts
responsibiltes, dutes or obligations under this
‘Agreement nor wil the City wawe or relinquish
any of ts nghts

“The remedies under the terms and conditions of
the Agreement are not intended to be exclusive
of any other remedies provided, but each and

‘Terms and Conditions - Page 15 of 23

‘every such remedy 1s cumulative and is in
‘addion to any other remedies, existing now or
later, at law, in equity or by statute. No delay or
‘omission to exerose any nght or power accruing
upon any event of defauit will impair any such
‘ght or power nor wilt be construed as a waver
(of any event of default or acquiescence ini, and
‘every such nght and power may be exercised
‘rom time to ume and as often as the City deems
expedient

83. RIGHT TO OFFSET
‘othe extent permitted by applicable law,

‘A. Inconnecton with performance under this,
‘Agreement, the City may offset any
excess cosis incurred.

(0. the City terminates this Agreement
for default or any other reason resulting
from the Contractor's performance or
‘non-performance,

(®) the City exerases any of its
remedies under Secton 8.2 of
this Agreement, or

(i) £190 City has any credits due oF
hhas_made any overpayments
under this Agreement

‘The City may offset these excess costs
by use of any payment due for Services
completed before the City terminated ths
‘Agreement or before the Cty exercised
‘any remedies. If the amount offset 1s
insufficent to cover those excess costs,
the Contractor 1s able for and must
promptly remit to the City the balance
‘upon wnitten demand fori. This nght to
Offset is n additon to and not a imitation
ff any other remedies available to the
Oty,

‘The For Is T Be Used Only For Detoate Agency Agreements Funded Why Through The Une States Department Of
‘thing ha etn Developnents Communty Developmen Block Grant Program (Yee XXX) (evaed 102303)

UNTITLED-020
B. In connection with Section 2-92-380 of
the Municipal Code of Chicago and in
addition to any other nghts and remedies
(including any of set-off) avaiable to the
City under this Agreement or permited at
law or equity, the City is entitled to set
off a portion of the pnce or compensation
‘due under this Agreement in an amount
equal to the amount of the fines and
penalties for each outstanding parang
Violation complaint and/or the amount of
any debt owed by the Contractor to the
Cty, as those terms are defined in
Section 2.92-380

€. Without breaching this Agreement, the
ity may set off a portion af the pnce or
Compensation due under this Agreement
‘nan amount equal to the amount of any
liquidated or uniquidated claims that the
Cty has against the Contractor unrelated
to ths Agreement. When the Citys
clams against the Contractor are finaly
adjudicated ina court of competent
Junsdicbon or otherwnse resolved, the City
‘allrermburse the Contractor tothe extent
‘of the amount the City has offset against
this Agreement inconsistently with the
determination or resolution

84 SUSPENSION OF SERVICES

The City may, at any te, request that
Contractor suspend the Services, or any part of
them, by giang 15 calendar days pnor writen
‘nove to the Contractor or upon no notice inthe:
‘event of emergency. No costs incurred after the
fece date of the suspension wil be allowed
The Contractor wil promptly resume ts
performance of the Services under the same
terms and conditions upon wntien notice by the
Chvef Procurement Officer and such equitable
extension of tme as may be mutually agreed
upon by the Chief Procurement Officer and the
Contractor when necessary for continuation or
Completion ofthe Services Any adtional costs

Terms and Conditions - Page 16 of 23

or expenses actually incurred by Contractor as a
result of recommencing the Services will be
treated in accordance with this Agreement

'No suspension wal, n the aggregate, exceed 2
Penod of 45 calendar days withn any one
contract year If the total number of days of
Suspension exceeds 45 calendar days, the
Contractor, by wntten notice tothe Ciy, may treat
the suspension as an Early Termination by the
ty

Neither Contractor nor Contractor's agents,
employees, and subcontractors are entitled 10
‘any damages from the City, nor is any party
fentited to be rembursed by the Cily, for
damages, charges or other losses or expenses
incurred by the Contractor by reason of delays or
hindrances in the performance of the Services,
whether oF not caused by the City. On Notice to
the City of a delay outside Contractor's control,
Contractor may request additonal ume to
‘Complete its performance. The decsion to grant
additional tme is in the sole and absolute
‘discretion of the Ctuef Procurement Officer.

ARTICLE 9
CON

NO DAMAGES FOR DELAY

94 WARRANTIES AND

REPRESENTATIONS.

‘m_connection with the executon of this
‘Agreement, the Contractor

‘A warrants that tis fancally solvent; that
it and each of its employees, agents,
‘subcontractors of any ter are competent
10 perform the Services; that its legally
authorized to execute and perform the
Services, and

B. warrants that no officer, agent or
‘employee of the City is employed by the

‘Te Form a To'te Used Ont For Delegate Agency Agreements Funded Whaly Through The Unted States Deparment OF
ous Ane Uton Developments Gommunty Development Blsk Grant Program (Yea) Revised 1/2362)

UNTITLED-021
Contractor of has a financial interest
directly or indirectly in ths Agreement or
the compensation to be paid, except as
may be permitied in wating by the Cty's
Board of Ethics; that no payment, gratuty
‘oF offer of employment wil be made by or
fon behalf of any subcontractors of any
‘ver, a8 an inducement forthe award of a
subcontract or order, the Contractor
acknowledges that ‘any agreement
tentered into, negotiated or performed in
‘yolation of any ofthe provisions of City of
‘Chicago's Ethics Ordinance, Municipal
Code § 2-156 et sea. voidable by the
ty; 1m accordance with 41 USC § 22,
the Contractor must not admit any
member of oF delegate to the United
States Congress to any share or part of
the Sermces or the Agreement, or any
‘benefit derived therefrom; and

warrants that wil not nowngly use the
services of any ineligible subcontractor or
Contractor for any purpose in the
performance of ts Services, and

warrants thatit and its subcontractors are
‘ot in default at the time ofthe execution
fof this Agreement, or deemed by the
‘Chvef Procurement Officer to have, within
5 years immediately preceding the date of
this Agreement, been found to be in
default on any contract awarded by the
Cty, and

warrants that it has carefully examined
‘and analyzed the provisions and
Tequirements of this Agreement, that #
understands the nature of the Services
required; that from ts own analysis has
satisfied itself as to the nature of all things
needed for the performance of this
Agreement, the general and special
Conditions, and all other matters which in
any way may affect this Agreement or ts
performance, that the time avatlable to it

wots

‘Terms and Conditions - Pag

for such examination, analysis, and
preparation was adequate, that it was
Permitted access to any person of
information m connection with its
preparation of the proposal; and

F. warrants that performance of this
Agreement 1 feasible and that the
Contractor can and wall perform, or cause
to be performed, the Services in stnct
accordance with this Agreement; and

G. represents that it and, to the best of its
knowledge, ts subcontractors are not in
violation of the provisions of Section 2-92-
320 of the Municipal Code, the tlinoss
(Criminal Code, 720 LCS 5/33E-1 et seq,
and the tlinoss Municipal Code, 65 ILCS
5/11-42.1-1

9.2 INSPECTOR GENERAL

It will be the duty of any bidder, proposer, or
Contractor, subcontractor, and every applicant for
Certfication of eligbilty for a City contract or
program, and all officers, directors, agents,
partners, and employees of any such bidder,
‘proposer, contractor, or such applicant to
cooperate with the Inspector General in any
investigation or heanng undertaken pursuant to
Chapter 2-56 of the Municpal Code; that the
Contractor understands and will abide by all
provisions of Chapter 2-56 of the Murvepal Code
‘and that st will inform Subcontractors of this
prowsion and require their compliance.

9.3 WHOLE AGREEMENT-INTEGRATION

This Agreement, including attached Exhibit A
through Exhibit or Exhibit £, depending on
‘whether a construction or rehabiitaton projects
involved, constitutes the entire agreement
between the partes, and no warrentes,
representations, inducements, considerations,

“Tas Form it Yo Be Used Ony For Delegate Agency Agreements Funded Wholly Through The United States Deparment Of
‘ewsng and Urban rvtopments Canmunty Development Block Grant Program (Yea XX) Revised 2302)

UNTITLED-022
promises or other inferences will be implied that
‘are not expressly stated in the Agreement No
vanation oramendmentof ths Agreement and no
waver of is provisions are vald unless n wnting
‘and signed by duly authonzed officers of the
Contractor and the City This Agreement
supersedes all other agreements between the
Contractor and the City

9.4 MODIFICATIONS AND AMENDMENTS:

No changes, amendments, modifications,
cancellations or discharges of ts Agreement, oF
any part of tare effective uniess in wnting and
sighed by the Contractor and the City, or ter
respective successors and assigns

9.5 COMPLIANCE WITH ALL LAWS:

“The Contractor will comply with all applicable
laws, ordinances and executive orders and
reguiatons of the federal, state, local and city
‘government, which may in any manner affect the

performance of this Agreement
9.6 COMPLIANCE WITH ACCESSIBILITY
LAWS

Contractor will comply with all accessibility
standards for persons with disabiies or
‘environmentally imited persons including, but not
limited to: the Amencans with Disabilites Act of
1990, 42 USC § 12101 et seq,, and the
Rehabiitaton Actof 1973, 28 U.S C §§ 793-704
In the event the above cited standards are
imconsistent, the Contractor wall comply with the
standard providing greater accessibilty

97 NO FEDERAL OR STATE
OBLIGATIONS TO THIRD PARTIES.

‘The Contractor acknowledges that, absent the
express wntien consent of the federat
government and the State of lino, the State of
Ttunots and the federal goverment wall not be
‘subject to any oblgations or labilites to any

Terms and Conditions - Page 18 of 23

person not a party to the grant agreement
between the City and the State of llinoss or
between the City and the federal government
[Notathstanding any concurrence provided by the
State of lois or federal government in or
approval of any solicitation, agreement, or
contract, the State of linors and federal
‘government continue to have no obligations or
hhabiltes to any party, mcluding the Contractor.

NON-LIABILITY OF PUBLIC OFFICIALS

No offical, employee or agent of the City wll be
‘charged personally by the Contractor, or by any
assignee of Subcontractor ofthe Contractor, with
any labitty or expenses of defense or be held
personally kable to the Contractor under any term
‘ condition of this Agreement, because of the
Cty execution or attempted execution, or
because of any breach

9.9 INDEPENDENT CONTRACTOR
This Agreement is not intended to and wall not
constitute, create, gwve nse to, oF otherwise
‘recognize ajoint venture, partnership, corporaton
for other formal business association or
organization of any kind between the parties, and
the nghts, and the obligations of the partes wil
be only those expressly set forth in ths
‘Agreement The Contractor wil perform under
this Agreement as an independent contractor to
the City and not as a representative, employee,
‘agent, or partner ofthe City

9.10 INTERNATIONAL ANTI-BOYCOTT

Contractor certifies that neither the Contractor
‘or any substantially owned affitate company of
the Contractor is participating or will partispate in
‘an itemational boycott, a8 defined by the
provisions of the US Export Administration Act
of 1979 or ts enabling regulations

‘Thu Form ie To Be Used Ont For Deegate Agony Agreements Funded Why Through The Untied States Deparonent Of
‘oasng hoa nan Develepmants Conmumty Deveipment Blok Grant Program (Yer XD) (Reve 102363),

a

UNTITLED-023
9.11. JOINT AND SEVERAL LIABILITY

Inthe event that the Contractor, or its successors
for assigns, 1s compnsed of more than one
pperson, then every obligation or undertaking to
be fulfiled or performed by the Contractor wall be
the joint and several obigaton or undertaking of
‘each such person

9.12 PROOF OF BUSINESS FORM

Upon request from the City, the Contractor will
provide copies of is latest artcies of
Incorporation, by-laws and resolutons, or
partnership or joint venture agreement as
‘applicable, and evidence of is authonty to do
business inthe State ofllinss, including without
limitation, registrations of assumed names or
limited partnerships and certfications of good
‘standing with the Secretary of State of linoss

943 DISCLOSURE AFFIDAVIT &
DISCLOSURE OF RETAINED PARTIES.

The Contractor will provide the Cty wih a
Disclosure Affidawt and Disclosure of Retained
artes, which are attached as Exhibit D and
incorporated by reference, and further wilprovide
‘any other affidavits oF certficatons as may be
required by federal, state or focal law in the
‘award of public contracts, all to be attached
under Exhibit D and moorporated by reference
‘The Contractor will cause ts subcontractors or, if
‘a parinership or ont venture, all members ofthe
partnership oryomnt venture, to submit all required
afidavts tothe City.

9.14 CONFLICT OF INTEREST

No member of the governing body of the City or
cother units of goverment and no other officer,
‘employee, or agent of the City of other untt of
goverment who exercises any functions or
Fesponsibiities m connection with the Services
wil have any personal nterest, direct, or ndirect,
in tis Agreement No member of or delegate to

Terms and Concitions - Page 19 of 23

the Congress of the United States or the iinors
‘General Assembly and no alderman of the City or
Gity employee will be admitted to any share or
part of this Agreement or to any financial benefit
foanse from it

The Contractor covenants that 1, its officers,
directors and employees, and the officers,
rectors and employees of each of its members
if a jont venture, and its subcontractors,
presently have no interest and will acquire no
interest, director ndirect, which would confit in
any manner or degree with the performance of
the Services. The Contractor further covenants
that no person having any such interest will be
‘employed. The Contractor acknowledges that i
the City determines that any of Contractor's
sermces for others conflict with the Services,
Contractor will terminate such other services
immediately upon request of the City.

In additon tothe conflict of interest requirements
in OMB Creular A-110 and 24 CFR 84, no
person who is an employee, agent. Contractor,
officer, or elected oF appomnted official of the City
‘and who exercises or has exercised any
functons or responsibiites with respect to
assisted actites, or who 1S In @ position 1
participate in a decision making process or gain
inside information with regard to such actwites,
‘may obtain 2 financial nterest or benefit from the
‘actwty, oF have an mterest in any contract,
‘subcontract, or agreement or their proceeds,
‘ether for himself or herself or for those whom he
(or she has family or business tes, dunng his or
her tenure or for 1 year thereafter

Furthermore the Contractor warrants and
represents that ts and will remain in comphance
with federal restnctions on lobbying set forth in
Section 319 of the Department ofthe Intenor and
Related: Agencies-Appropnatons Act for Fiscal
year 1990, 31 USC § 1352, and related rules,
‘and regulations set forth at 54 Fed. Reg 52,309
(1989), as amended.

“Tn Fem is To Be Used Oty For Delegate Agency Agreements Funded Whally Through The Unted States Department Of
‘oueng hod Urs Deopmants Cormunty Bevlspment Block Grant Program (Yeu XX) ewaed 02363)

UNTITLED-024
In aditon, f State of linois funds are used for
the Agreement, the Contractor must comply with
the conflict ofriterest provisions contained inthe
linois Procurement Code ( 30 ILCS 500/50-13)
‘and other prowsions inthe ilinors Procurement
Code regarding partcpation in agreement
negotiation by @ State employee (30 ILCS
'300/50-15)

9.15 COOPERATION WITH CITY

The Contractor will cooperate fully with the City
‘and act in the City’s best interests. If this
‘Agreement is terminated for any reason, or fits
to expire on its own terms and conditions, the
Contractor will make every effort to assure an
orderly transition to another provider of the
‘Sermees, if any, orderty demobitzation of ts own
‘operations in connection with the Sennces,
uninterrupted provision of Services dunng any
transition period and wil comply with the
reasonable requests and requirements of the City
in connection with the termination or expration of
this Agreement

9.16 WAIVER

Nothing in thes Agreement authonzes the waver
of any requrement or condition contrary to law or
‘ordinance or which would result n or promote the
‘wolaton of any federal, state or local law or
‘ordinance.

Whenever the City, by a proper authonty, waves
the Contractors performance in any respect or
‘wanes a requrement or condition to either the
Citys or the Contractors performance, the waiver
+30 granted, whether express or imped, will only
apply to the particular instance and will not be
deemed a wawer forever or for subsequent
instances of the performance, requirement or
Conditon No wawver wil be ‘construed as a
‘modification ofthe Agreement regardless of the
‘number of times the City may have waived the
performance, requirement or condition

‘Terms and Conditions - Page 20 of 23
9.17 GOVERNING LAW

‘This Agreement is governed as to performance
{and interpretation n accordance with the laws of
the State of tinoss

9.48 SEVERABILITY

I any provision of the Agreement is held to be or
'n facts tlegal, inoperative or unenforceable on
its face or as applied in any particular case, n
‘any yunsdicton (or in all cases because it
cconfits with any other provsion of this
‘Agreement, or any consttuton, statute, municipal
‘ordinance, rule of law or public policy, or for any
other reason), that crcumstances will not have
the effect of rendenng the provision in question
inoperative or unenforceable n any other case or
cercumstance, or of rendenng any other provision
of this Agreement ilegal, valid, moperative or
‘unenforceable to any extent whatever. The
invalidity of any one or more phrases, sentences,
clauses or sections contained inthis Agreement
does not affect the remaining portons of this
‘Agreement or any part oft.

9.19 INTERPRETATION

‘Any headings im this Agreement are for
‘convenience of reference only and do not define
for mit is provisions Words importing the
‘singular number include the plural number and
vice versa, unless the context otherwse
indicates. All references to any exhibit, appendix
for document include all supplements. and/or
amendments to any such exhibits, appendixes or
documents entered into in accordance with the
terms and conditions of this Agreement All
references to any person or entty include any
person or entity succeeding to the nghts, duties,
and obligations of the person or entity in
accordance with the terms and conditions of this.
‘Agreement In the event of any confict between
this Agreement and any exhibit toi, the terms,
‘and conditions of this Agreement control.

“Ths Fam ls T Be Used Ont For Delegate Agancy Agreements Funded Why Through The Unted States Dopartment Of
‘Bewopments Commenty

oeing and Urson

Development Blk Grant Progra (Ye 0) (Reve 102303)

UNTITLED-025
9820 NONASSIGNABILITY

Contractor will not assign all or any part of ts
Work or responsibilities under thes Agreement
without the pnor wntten consent of the Chief
Procurement Officer and the Commissioner, but
any such consent will not relieve Contractor ofits
obligations under this Agreement. Any transfer
‘or assignment without the pnor written consent of
the Chief Procurement Officer constitutes. an
‘event of default under this Agreement and s vord
8 to the City The City reserves the ght to
assign, n whole or in part, any funds, clams or
Ineresis, due or to become due, under this
‘Agreement

921 CONTRACTOR'S AUTHORITY

Executon ofthis Agreement by the Contractor 1s
authonzed by a resoluton or ordnance of tts
governing body The signature of the individual
signing on behalf of the Contractor has been
‘made with complete and full authority to commit
the Contractor to all the terms and conditions of
ths Agreement, Evidence of signature authonty
should be forwarded to the City with the executed
Agreement

ARTICLE 10
NOTICES

‘Allnotices and communicatons to be provded by
the City and the Contractor pursuant to ths
Agreement must be in wnting and may be
delivered personally, by overnight couner or by
First Class certified mail, retun recat
requested, with postage prepaid and addressed
as follows,

Ito the Cty
“The Department's Maling Address Noted
In This Agreement’s Preamble

and,
Department of Procurement Services
‘Cty Hall, Room 403

‘Terms and Conditions -Page 21 of 23,

121 North LaSalle Street
Chicago, tinors 60602
‘Attertvon. Chuef Procurement Officer

With Copres to-
Department of Law
City Hall, Room 600
121 North LaSalle Street
Chicago, linows 60802
‘Attenbon Corporation Counsel

lf to Contractor
‘The Contractor's Mating Address Noted
In Ths Agreement’s Preamble

The Contractor will advise the City of any
significant change m its organzational structure
Signficant changes include, but are not limited
to, changes to:

‘A. the offizal to whom notice regarding the
‘Agreement is provided and their mailing
‘address;

B. the officers of the corporation, including
present, charman, vice president,
treasurer, secretary; and

the key staff of the agency andlor its
rogram sites, including executive
director, site director, fiscal director, and
site address or agency offical address,
telephone numbers.

‘Such communicaton must be directed within 10
calendar days of such occurrence, to the
Department's Mailing Address noted in this
‘Agreement's Preambie

Communications delivered by mail are
deemed received 3 business days after
‘mailing in accordance with this Article 10.
‘Communications delivered personally are be
deemed effective upon receipt.
‘Communications sent via overnight courier

‘Tm Form eT Be Used Onl For Delegate Agency Agreements Funded Why Trough The Unded States Depsrenant Of
"Nocera Urtan Beeopments Communty Development Block Grant Propram as" XX) Mevaed E502)

UNTITLED-026
‘are deemed effective on the next business
day.

ARTICLE 11
BUSINESS RELATIONSHIPS WITH ELECTED
‘OFFICIALS

Pursuant to Section 2-156-030(b) of the
Municipal Code ofthe City of Chicago, tis legal
for any elected offical ofthe City, or any person
acting atthe drrecton of such offical, to contact,
‘ether orally orn wntng, any other Cty offical or
‘employee with respect to any matter mvolvng
‘any person with whom the elected offical has &
business relatonship, or to parbcpate in any
discussion in any Cty Council committee heanng
or in any City Council meeting or to vote on any
matter involving the person with whom an elected
offical has a business relationship. Violation of
‘Section 2-156-030(b) by any elected official
with respect to this Agreement is grounds for
termination of this Agreement. The term
business relationship 1s defined as set forth in
Secton 2-156-080 of the Municipal Code of
‘Chicago

‘Secton 2-156-080 defines a “business.
relationship” as any contractual or other prvate
business dealing of an official, or his or her
spouse, or of any entty n which an offical or his
‘oF her Spouse has a financal interest, with a
person or entity which entitles an official to
‘compensation or payment in the amount of
$2,500 or more in a calendar year, provided,
however, a financial interest shall not include (1)
any ownership through purchase at fair market
value or inhentance of less than one percent of
the share of a corporation, or any corporate
subsidiary, parent or afftate thereof, regardless
Of the value of or dividends on such shares, f
such shares are registered on a secuniies
exchange pursuant to the Secuntes Exchange
‘Act of 1934, as amended, (i) the authonzed
Compensation paid to an offical or employee for
his office or employment; (li) any economic
benefit provded equally to all residents of the

Terms and Conditions - Page 22 of 23.

Cty; (v) a time oF demand depost in a financial
instuton; oF (v) an endowment or insurance
policy or annuity contract purchased from an
insurance company A ‘contractual or other
pevate business dealing” shall not inciude any
employment relatonship of an official's spouse
wih an entity when such spouse has no
discretion concerning or input relating to the
relatonsiup between that entty and the City

ARTICLE 12
LIVING WAGE ORDINANCE

‘Secon 2-82-610 of the Municipal Code requires
eligible contractors and their subcontractors to
pay a Iiwng wage (currently $7.60 per hour
minimum base wage) to covered employees.
‘employed in the performance of this Agreement.
You ate an eligible contractor if at any time
ddunng the performance of this Agreement you
have 25 or more ful-ime employees. if you are,
‘or become, eligible, you and your subcontractors
must pay at least the base wage to covered
‘employees Covered employees are” secunty
‘guards (but only f you and your subcontractors
employ in the aggregate 25 or more of them),
‘and, in any number, parking attendants, day
laborers, nome and health care workers,
cashiers, elevator operators, custodial workers
and clental workers. Section 2-92-610 does not
apply to not-for-profit corporations with federal
501(c\(3) tax exempt status. Also, if the work
being done under this Agreement is subject to
‘payment of prevaiing wages, and the prevailing
wages are higher than the’ base wage, then
prevaling wage rates apply and must be paid

ARTICLE 13
NOTICE OF CHANGE IN CIRCUMSTANCES

In event the Contractor, its parent or related
corporate entity, becomes a party to any
hugation, vestigation or transaction that may
reasonably be considered to have @ matenal
impact on the Contractor's abilty to perform

‘Tha Form lt Yo Be Usd Only For Delegate Agency Agreements Funded Why Through The United Stats Department OF
‘oan hn Utan Developments Communty Grveepman ask Grant Program (esr XX) Ptvieed 1783).

UNTITLED-027
1
i

under this Agreement, the Contractor must
immediately nobfy the City m writing

ARTICLE 14
‘ADDITIONAL AGREEMENT PROVISIONS

‘Additonal provisions of ths Agreement are
listed in Extubit A, and also in Exhibit F only if
‘construction and rehabiltatio activites are
involved, which are attached and i

by reference All provisions listed in Exhibit’ s A
‘and F have the same force and effect as f they
hha been isted in the body of this Agreement

[The remainder of this page is intentonally left
blank]

Tw: Form To ete On For Dnata oency Agreements Fund ly Trg The Und Stas Deparment
‘Housing And Urban Development's Communty Development Block Grant Program (Year XXIX) (Revised 10/23/02). er

UNTITLED-028
0 Pi i LOPME!
OF Pr PROG!

AAA NATIONAL OBJECTIVE

“The Contractor wil perform the Services hereunder in a manner that complies with a cntenon for
atonal objectives descnbed in 24 C FR § §70.208

‘A-12 COMPLIANCE WITH CDBG REGULATIONS

‘The Contractor must comply wth, and certfies that isin compliance with, all the provisions and
regulatons of the CDBG Program, and all related City of Chicago, State of Iinoss and United States
rules, regulations and requrements, including, but not lmited to the Housing and Community
Development Act of 1974, as amended (42.U.S C § 5301 et sea. and implementing reguiations at 24
GFR, Part 570), Tile V1 of the Cowl Rughts Act of 1964 (42 U.S C. § 2000d et seq J Cr Rights Act of
1901, Fair Housing Act (42 U.S C_§ 3601 st seq): Execute Order 11083, as amended by Executive
‘Order 12258; Age Discrimination Act of 1975 (42 U.S.C § 6101 et sea), Rehabilitation Act of 1973 (29
USC § 784 etseq J; Dams-Bacon Act, as amended (40 U S.C. §§ 2783 - 276a-5); Contract Work
Hours and Safety Standards Act (40 U &.C. §§ 327-33 as supplemented by 29 C FR. Part § and 29
CFR. Part 1926), National Envronmental Policy Act of 1969 (24 C.F R Part 88), Clean Ar Act (42
USC §7401 et seq); Federal Water Poluton Control Act "Clean Water Act") (33 U.S.C. § 1251 et
38a), Executive Order 11738, and U.S. Enwronmental Protection Agency regulations (40 C F.R. Part
15), the Contractor must report all volatons and must require all subcontractors to report all wolabons
ofthe Clean Arr Act andior the Clean Water Act tothe City, HUD and the appronnaate Regional Office
of the US Environmental Protecton Agency; Flood Disaster Protection Act of 1973 (42 U.S.C § 4106
‘sL32q), Uniform Relocation Assistance and Real Property Acquistton Pobcies Act of 1970 (42 U S C.
§§ 4601), Executive Order 11246, as amended by Executive Orders 12088 and 11375, Lead-Based
Paint Porsoning Prevention Act (42 U.S.C 4821 et seq,); Residental Lead-Based Paint Hazard
Reduction Act of 1982 (Pub. L. 101-560, 42 U S C_ 4851 et seq ) and implementing regulations at 24
CER Part 35, Execute Order 12372, Copeland “Ant-Kiekback" Act (18 U.S C § 874 and 40 U.S.C
§ 276(c) as supplemented by 29 G F R Part 3), Federal Fair Labor Standards Act (29 U.S.C § 201 et
'3eq), the Untform Administrative Requirements contained in 24 C.F.R Parts 84 and 85, as amended;
Hatch Act § U S C. §§ 1501-08 and 7324-28); Byrd “Ant-Lobbying” Amendment (31 US C. § 1352),
‘mandatory standards and policies relating to energy efficiency whch are contained inthe State of
tunois energy conservation plan issued in compliance withthe Energy Policy and Conservation Act
(Pub L 94-163), Program Fraud Cral Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. (in
‘accordance therewnth, the Contractor certifies or affirms the truthfulness and accuracy of any
statement ithas made, t makes, or it may make pertaining to this Agreement); and Debarment and
‘Suspension (24 C.F.R § 85.35 and Executve Orders 12549 and 12686). Additionally, the Contractor
‘must comply wit the applicable prowsions of OMB Crculars A-21, A-B7, A-102, Ac110, A-t22 and Ar
133 as amended, succeeded or revised

‘Ths Form To Be Used Only For Delegate Agency Agreements Funded Wholly Through The Unted Sates Department Of
owsing And Urban Developments Gommunty Deveiepment Bloc Grant Program Ye" XN) evan 102303),

UNTITLED-029
‘A-.3_ COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
{HIPPA) REQUIREMENTS:

1. Contractor must not use or further disclose Protected Health Information (‘PHT) other than as
permitted or required by ths Agreement or as Required by Law. (hp Jwww.hhs. govloceypaay)

2 Contractor must use appropnate safeguards to prevent the use or disclosure of PHI other than
provided fr in this Agreement

3. Contractor must mitigate tothe extent pracicabe any harmful effect thats known to Contractor
‘of ause or discosure of PHI by Contractor n violation ofthe requirements of tis Agreement

4 Contractor must report any use or aisclosure ofthe PHI not provided for by this Agreement to the
iy

5 Contractor must ensure that any agent, including a subcontractor, o whom t provides PHI received
from, o created oF revered by Contractor on behalf ofthe City agrees tothe same restrictions and
conditions that apply through ths Agreement to Contracior with respect to such information

6 ifthe Contractorhas PHIin a Designated Record Set then Contracior must provice accoss, atthe
request of the Ciy, and inthe time and manner designated by the Cty, to PHIin a Designated
Record Set, to Cty or, as drected by Gy, oan Indwadualin order to met the requrements under
45 CFR 164.524

7 tthe Contractor has PHI i a Designated Record Set then Contractor must make any

amendments to PHI in a Designated Record Set that the City directs or agrees to pursuant to 45

FR 164.526 at the request of City or an Individual, andin the ume and manner designated by City

Contractor must make miemal practoes, books and records rlatng tothe use and disclosure of

PHI recewed from, or ceated or recewed by Contractor on behalf of, Cty avaiable to the City, oF

athe request of the City to the Secretary in a time and manner designated by the Cty or the

Secretary, for purposes of the Secretary determing City’s complance with the Prvacy Rule

© Contractor must document the disclosure of PHI and information relating to such disclosures as
would be required fer Cty to respond toa request by an Individual for an accountng of rsciosures
‘Of PHI i accordance with 45 CFR 164.528

10 Contractor must provide to Cty or an individual n ume and manner designated by Cty, nformation
colecied which relates to the disclosure of PHI, to permit Gy to respond 1 a request by an
Indnadual for an accounting of disclosures of PHI in accordance with 45 CFR 164 528.

11 Contractor must eter etum all PH othe Git oF destoy t,t the Cys opton, upon termination
or expration of ths Agreement

|
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‘ns Form I To Be Used Only For Delegate Agency Agreements Funded Whol Through The Unted States Department OF
ouing ana Ursen Dnvlopments Community Devecpment Book Grant Program Year 3X30 Revised 1022,

UNTITLED-030
‘hm Farm Toe Used Only For Delegate Agony
Hoong had Urton Developments Communty Deva

ats Department OF

Agreements Funded Wholly Through The Unda
pment Blok Grant Program (Yet XB) (Revsed 102302.

UNTITLED-031
CITY OF CHICAGO
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEAR XXIX-2003
WORK PROGRAM AND BUDGET

Department.___HOUSING_

Progran___HRAI. Fax 17) 747-1997

‘Contact Namme._MARY OLSSON Phone #:_(312) 747-8677
Part I: Delegate Information

Parent Organization Name:_Unated_Neaghborhood Organization

arent Organization Address._954 ¥- Washington Blva. = 3 floor

cago, Tlanois 60607
Parent Organization City, State, Zip_ChiS980y_ Thanois 6060

Delegate-_UNITED NEIGHBORHOOD ORGANIZATION OF CHICAGO __
Site Address:_954 WEST WASHINGTON BLVD.
City, State, Zip"_CHICAGO, ILLINOIS 60607

Juan Rangel

Executive Director.
Delegate Contact: Grace Perales & Rich Alberts

Phone #:__312/ 432-6301 Fax #:__312/432-0077
Office Hours __9 = 5 Program Service Hours'_2

otal Budget for this Project (including other share): 182,166.00
CDBG Year XXIX Allocation:_$180,000,00

Contract Period: From JANUARY 1,2003 __To DECEMBER 31,2003

Federal Employer Idenufication Number_36~3290055

‘Yeu 100% 2003 CDBG Delete Work ropa 1

UNTITLED-032
Part

Description of Project

Ta lea and conte manner, provide araive sary ofthis CDBG funded project scope
: it
problems adresse, nd rests anipted Pee dona edine a eo °

City-wide repair services:
The housing stock in chese areas consists of single-family aad
eva and chree-flac buildings occupied by sany secior citizens
nerally sound condition but in need of rej

The housing is ia
related co security and accesdibilicy. Consequently, through che
WALL be addressed for clieats who are

HORATL program chese nee
both homeowners and renters. :
UNO will assisc a cocal of 55 households vich minor security
repairs, accessibility modifications and ramps. Io the year 2003
chese efforts will resule int
3 = Bachroom/kicchen sodi fication
3 = Access wheelchair camps
49 = Minor security ané enabling repairs
"SF" dwelting unies assisced
Subsequently, a cocal of 68 persons will be able co resin in cheic
hoses and apartments wich a greater sense of security and a bercer

walicy of life. In addiction, 4 households will have wheelchair
quaticy

access for the first cime which will enhance their sense of independence

and Lifestyle.

‘Yer 00x 265 C086 Beep Work Perm 2

UNTITLED-033
Part Il: Moi

coring and Evaluation Procedures

Describe the methods your agency will employ to evaluate the project's progress and record
project accomplishments.

cMonchly progeas activity progress reports are subaicced by
acaff co che Executive Director and che Board of Direccors.
Progress accomplishaencs are reported on a monthly and
quacterly basis co DOE.

“ALL appropriate files and records are maincained in compliance

with che coacracc.

Desenbe how your agency will monitor program expenditures and ensure that appropriate
fiscal controls and records are in place “

An annual independent audic is conducted.
Two signacure are required on all checks.
sSepacate accouats are used for CDBG funds and ledgers are saincain

-Separace program files are maincained.
Financial scaceaenc are subsicced and reviewed by che Board of

Directors.
“ALL sub-concraces are advercised, reviewed and subaicted co DOH

fer approval.

‘Year 200% 3105 COG Dalene Werk Pram

UNTITLED-034
Part

uditing Requirements

Is your agency (check only one)? Sxnot-for-profit, 1 education institution
G governmental agency 0 for-profit

‘A What is your agency's fiscal year?
January through Decenber
B, When do you intend to conduct an audit ofthis contract?
The annual audat should began by March 1, 2004
C Below please list al contracts and grants that our agency aatieipates receiving during the
2008 fiscal year Identify ifthe source is Federal or Other and the amount.

Funding Source

Contracts/Grants Federal Other ‘Total Amount Requested
Department of Housing 180,000
Dept. of Planning & Dev 67,328
Dept. of Human Services 25,650
Chicago Public Schools 250,000
66,900

Gilead Foundation

D Ifyou are applying to other City departments for CDBG grants please list the department,
‘the program and the amount requested below

Department Program = CDBG Amount Requested

‘Yer 200% 2003 C006 lente Work Props

UNTITLED-035
IE pseudo ame twnyAgmer a hay Teh he ig Se ein Of
rts Communty Development Bick Grant Program (Yee 2X0) (Revised 102512,

UNTITLED-036
Form 1

Budget Summary
‘A. peligated Nexghborhood Orgamzation — F. YearXX1X-2003 Allcauon 180,000
B._ Dept Progam _H-RATL
C.ProctNane_H-RAIL Program
D.Departmest_Hows2ng,
E Conract Tern From 1/1/03 to 12/31/03
4 Projet Bet Summary for Year XIX - 2003

Hote The entre budget fortis project must be shown.

Tipe Ssperaie [ch Account # (31 COBG Ste) ta) Oder Share) [Tl Total Gout
Personne! ‘2005 26,260 rn
Fange Benefits 088 rer qyeze
GpersungiTechwesl | 0700 20,515 oon t
Professional nd rao
Technical Services 83,840
‘Materials and Supphes | 0300 rn we
Equipment 0400
‘Other please speci) | 6800"

‘Giher (please spe)

TOTAL Teo, 000 Z 166, | 162,166
1 Percentage of tal project coms psd

ty Other Stare (column 4 column 5) _=01 _»

eae

s

UNTITLED-037
Personnel Budget Form?

|A. Delegate: United Neighboriood Organizanon ©. Project Name: HE-RAIL
B. Dept Program: Home Repair for Accessible And Independent Living . FEIN: 36:3290055

E. Personnel Bud

Allocation for Year XXIX-2003

No_| rates) [orm spe] ComG Stare (9) Toit Coat Bre Summary of ob Responses

o @ @ o @

1 | siso, 35] $3,909)

lowes the adaunaraton and management of the
program

78] $6,900) $6,960} oveees el mates, ons and coma
Jeompttance

soe} stn $11,400] Asus wath all fiscal maters vouchers, reporting and
|nontoring to DOH

rmx] 564 rake cent calls, manta wartng lasts & asst in

argtedcomsmunty outreach

one Be, $28,260 sc ob Same Fam, A FS

[= 0145 xine 8

[=39,0002 9655 GITFTE

1.85 x ne 8xG17
308 TOxl2 617

UNTITLED-038
Non-Personnel Budget

‘A. Delegtte_United Nesghborhoed Organi zatson
C-Projct Name RAIL

1B, Deparment Prog HoRATL

. Non-Personel Alloation for Year XIX 2003

en of pete arco) | rentconsy (ewe so tes TG ng S900 Sh
o ° © ©
520,515 | $22,515 | -Aduinietrative fee for program share of expenses
including: office rental, cost of equiprent/servace
maintenance of equipment, utlities, celephone/FAX and
postage/stationary, @ $17} per job = $20,515.
[Program share of general Labilaty insurance costs.

Professional and Technical costs 82,000 | ¢82,840 [Labor/construction cost required to complete 55 repa:

jicbs & ramps for disabled person's access into hones |
and accessibility modificatsons: §57,715.

“Technical assistance for management of all Labor/
construction services including: work-specs, cost
estiaates, job schedules to completion, construction
supervisfon/assignaents and DOH anspections with dat:
to agency for vouchering and reports @ $425. per
job 35 jobs = $28,195,

~Intake/processing and DOW approval of all client
applications @a rate of §50 per client = §2,750.

542,625 | $42,625 5 and supplies required to complete 55 jobs,

$148,980

UNTITLED-039
Form 4

WORK PROGRAM
A Delete Unsted Nesghborhoud Organs sat ion  Simtegy_Provide and expand home repair prageans for
Department Progeam__ RAT seniors and disabled pers:

© Proet Name i-RAL

D,
rogram Sb rogram
"Rates
Elements winch
describ th aces
Via wl acompish
‘ogra objectives

[Tem Undopened Chensnes

i-RATL/Securaty
improvements and
manor repairs

Install safety
monatoring and
enabling devices

Hiden doors to
accommodate utieet~
chair access

Manor reparre to
doors, windows and
flooes and stairs

Program Bveabies

‘tae what quaniable uns wil be
tse to measure the progress ofthe

2303 Panes Out by te 8 ear
"Tua Uist of Projected quails
inks for each propa dire

ned project. Example’ clases
proPield unt but eras

Smoke, CO detectors and fire
extinguishers installed

Grab bars, tub assisted bars/seats,
‘and transfer benches installed
Hand-held shower unite attached
Disabled-type toilets installed

Exterior and interior door-waye
widened for vbeelchaar access

Ropair/eeplace doors, windows
floors, stairs and handrarlings

sve | and Qe | 3x8 Q¢

from repairs

# housing units wath
Safoty/enabling devices 55
Doors widened for access_t
sr/replaced iB
Floors repaired/replaced
Windows repaired/replace
Stairs repairéd/modifed

Stairs: $625

Estimated Line to complete
Safety itens: | to 2 days
Doora/windows | to 2 days
Staire/bandrals 1 to 2 days |

UNTITLED-040
Form 4

WORK PROGRAM
A Deepte Uarted Nesghborhood Organization D.sintegy _ Provide and expand howe repair programs
Began Progam __ RAUL, for soniors and disable persons

roan Sb program vrogam Riverbies 2003 eed Quy Our & Yew
‘hanes "Toul tof Fey tabi %
Se what quantifiabe wns tts foreach propa debveraie Perfonnatee Measure
lanes which Sed to etre te popes othe
spe es ropa rc Eps
ct wl compl Pan bai eels 1srae | andr f setae | atnce | tot
rroguam objects 1a | nde | ar4cr | ang

eat apne Con

# housing units made
aceessibl

4 persons assisted/bene tite:
from installations: 9

COSTS: Estimsted / Actual
Bath Mod $1,975 /$
Kitchen Mod$1,350 /$
Access Ramp9s,250./5

|icetchasr comps econ
\ i Stairs:

Accessible Bathrooms and Kitchens

Ramps avaxlable for us
“ $1,850 /$
Eetinaced Cine £0 complete

height of exterior Bath/Kitchen nod: 2/3 days
stairs/valkuays for | Stairs modified/a
Juse of walkers, ete.Juse and greater mobility ‘Access Ranp/Stairs 3/5 days

Actual time to complete?
Bath/Kitchen mod:

Accoss Ranp/Stairs:

UNTITLED-041
pp ope

Form 5

CDBG National Objective/Bligibility

Delegate___United Neighborhood Organization of Chicas

Department Program ___H=RALL.
Project Name BoRATL,

Eligible CDBG Activity._iu4 . gabgbs Singleclinit Resident ie1/570, 20:
‘National Objective:

“The qualifying National Objectives “Activites Benefiting Low and Moderate Income Persons”. Please
EXRAIOIR Nipropnatedncerined ern hed elon? Ass, any sodtionltsrcions a parenenss ee

(1 Area Benefit (LMA) (Fill otal of Form 6 ~ must be 51% or higher)
[] Limited Clientele (LMC)* (Check the appropriate box below)
{.] Services limited to one or more ofthe following groups presumed by HUD tobe low/moderate

sisi sso
Src Base Peron
= revontwahDosblins tht ane
T smewdspmes Mig Wes
pnts penning ih ADS
ec eclrcbenep txlonsiidsmendo lone tems
() Reapastgrtstsomaraes Pian eel
{iy Pepe ie ered ht he ne oon fe yw
1 ci per eer he ea ten et

he mar
HUD crtena ‘No other feable way of gulitying te ectvity exist. Gif this boc 1s
Shecked ll og FORME mast be comple = "y exiss: Gta box

Department Approval eLow!Mod.
om (ast be 70% oF aghe)

bo} LAM Housing (LMin*

C) WntJobs mn

frNote Allprogramswhich directly beneftaperson/housthold mustcompulethe following information during theupcomingyear|

1). The total numberof persons/households served, and
2) the total numberof cients which are:

Moderate Income ‘American Indian or Alaskan Native
Low Income Hispanic

‘White ~ Not Hispanic Asian or Pacific Islander
Black — Not Hispanic Female-Head of Household

UNTITLED-042
Form 6

Service Area Information
A. Delegate_UNITED NEIGHBORHOOD ORGANIZATION OF CHICAGO
8. Department Program _s=nary
. Project Name. HORATL
D_ Name and address of facility providing the services
Na 234 W. Washsneron Blvd, Ja FI.
Nae ofte Fly Sa pores

In what Ward, Community Area, and Census Tract isthe facility providing the services located?”

Ward 27h a enn Tret_2802
E. Indieate Program Service Area:
4X Ths project will provide services citywide tall eligible individuals,
{Ths project will prmaniy serve the following Ward(s), Community area(s), and Census tract(s):

Wat 4 conmanty Aes) 8
ens Tt,

‘What are the approximate boundaries ofthe area from which your chents are drawn (specify by steet name)?
Ne Son

F. Low/Moderate Income Area Census Information
‘Note Complete chat below onl your acy uaifed under he Area Beefs Natonsl Ogee ors the Cay Deprunet td the Ofie of
Sedge Mingo demi at erat eboney wiles ae eyex den wl lowed noe
‘neon acrdane wih HUD cena Form

Tout

4 Overall % Low/Mod (Total of column 2~ Total of column 3)

‘Yew 100X 2063 CD8G Deeg Wok Pog

UNTITLED-043
Form7

Survey of Monitoring and Evaluation Procedures

(To be completed by City Department)
‘A. Department___Department of Howsmg
B. Department Program___Home Repairs for Accessible and Independent Living(H-Rail) __

. Staffin charge of monitoring__Lonta Ross and Lynn Stewart

‘The purpose of ths form is to ensure that monitonng and evaluation procedures are followed by City departments
and by individual subreciptent agencies m monitonng subrecipient projects. A copy should accompany each
subrecipient contract.

HUD cautions in its Fraud Information Bulletin that a city which funds subrecipreats must always be aware ofthe
dossibility of fraud and abuse by the subrecipients due to poor management or to dehberate violation of te law; of
onflict of interest; or abuses in the contracting process of subrecipients; of false or inadequate documentation of
rogram accomplishments.

\) Describe the methods that the department will employ to monitor and evaluate its subrecpeat' programs to ensr tir
Drogress and accomplishments, Including the frequency of uch monitoring.

‘he Department conducts contacting sessions with each CDBG sub-respien (agency) prior tothe aecaton of the contrac. The agency
“brn the contracting seston checklist documents including bu ot lated oe agency's char, endence of SO1-c3 ss, veace
‘fnsurance coverage tnd cureat tx forms Techmcalassuace s provided year round. Output mesurable to document te
‘ccomplthments of wanoaalobyectves must be clearly ented nd wall be sly monitored by he program staff to exawesemnecs are
‘Tovied ote low-income communty resident: Fiscal montonag tite vite lade the review af program client and ser les wad
‘oords, venfieauou ef monthly and quarterly program accomplishmeot data, pesonnel managenes snd marketing effors

2) Desenbe how the department vl monitor subrecipent expenditures.

"rogram mauagers ae espouible for performing the minal renew of the submated Voucher. Fuclmearionng staff, dura ste mss,
crew addimonal support documents, ©, ongma canceled checks, and paid avrces to ensure at quests for reimbursements sbmted
5 the Cay were proper and consistent wih the level of secs provided. Cash receipts and disbanenest journals along wie ger
sdger sll be reviewed.

5) Specaty the partiolar records the subrecipient must maintain andor submut.

“be sabrecyet met manta at munzmum the folowing
‘Sepa set f ccoung records, cash recess, ad cash dubursemeas ural or a geoelyural hat can then ew
at be gener Indger for CDBG dois

"Documents supporang al euet fr payments

Tax es

\ Atendarce sheet and aged supormng community mestags

‘andous dstbated at commun) meetags

Cheastcepbone ers

“Files conning all sbsunaaton fr mostly and quate reports.

‘Cenuprojet es

Yew 100% 2008 CDBG Delepe Wor Program

UNTITLED-044
EXHIBIT
INSURANCE REQUIREMENTS & INSURANCE CERTIFICATE

“The kinds and amounts of insurance required areas follows.
1) Workers Compensation and Emplovers Liability

Workers Compensation as prescribed by applicable law covering all employees who arc to provide a service
under this Agreement and Employers Liability coverage with mits of not less than $100,000 each accident
orillness.

2) Commercial General Liability (Pomary and Umbrella)

‘Commercial General Liability Insurance or equivalent with limts of not les than $500,000 per occurrence
for bodily myury, personal nyury and property damage libiity. Coverages must include the following: All
premises and operations, products/completed operations, separation of insureds, defense, and contractual

ability (nth no mutation endorsement). The City of Chicago 1s to be named as an additional insured on
‘a pmary, non-contnbutory basis for any hability ansmng directly or indrectly from the work or Services.

3) Automobile Liability (Prmary and Umbrella)

‘When any motor vehucles (owned, non-owned and hired) are used in connection with work or Services to
be performed, Contractor must provide Automobile Liabihity Insurance with limits of not less than $300,000
per occurrence for bodily injury and property damage.

4) Professional Lasblity
‘When any professional consultants perform work or Services in connection with this Agreement,
Professional Liability Insurance covenng errors, omissions, ot negligent acts, must be maintained
with mats of not less than $500,000 Coverage must include contractual hability. When policies
are renewed or replaced, the policy retroactive date must comide with, or precede, start of work or
Services on this Agreement. A clatms-made policy which is not renewed or replaced must have an
extended reporting penod of 2 years

5) Meducal/Professional Liability

‘When any medical services are performed in connection with ths Agreement, Medical/Professional Liability
Insurance must be provided to include coverage for errors, omissions and negligent acts related to the
rendering or failure to render professional, medical or health services with lmts of not less than $500,000
Coverage must include contractual habihty. When policies are renewed or replaced, the policy retroactive

“tm Frm eT Be Used Ony Fr Delegate Agency Agreements Funded Why Through The Unted Sats Department Of
‘owsng and Uroan Devopments Communty Developmen Block Grant Program (Yeu XX) Revted 12302)

UNTITLED-045
date must coincide with, or precede, start of work or Services on this Agreement A claums made policy
‘which 1s not renewed or replaced must have an extended reporting period of 2 years.

© Builders Risk

When any Contractor performs any construction, including improvement, betterments, and/or repairs,
Contractor must provide All isk Builders Insurance to cover matenals, supplies, equipment, mackunery and.
fixtures that are part of the structure

B. Related Requirements

Ifthe coverages have an expiration or renewal date occurring during the term of thas Agreement, Contractor
‘must furnish renewal certificates tothe Federal Funds Insurance Unita the above address. The receipt of
any certificate does not constitute agreement by the City that the insurance requirements in this Agreement
have been fully met or that the insurance polices indicated on the ceruficate are in comphance with all,
Agreement requirements The failure of the City to obtain certificates or other insurance evidence from
Contractor 1s not a waiver by the City of any requirements for Contractor to obtain and maintain the
specified coverages. Contractor must advise all insurers of the Agreement provisions regarding insurance.
Non-conforming insurance does not relieve Contractor of its obligation to provide msurance as specified
bere Nonfulfillment ofthe msurance conditions may constitute a violation ofthis Agreement, and the City
retains the night to stop work or Services or terminate ths Agreement until proper evidence of insurance 18

provided.

‘The insurance must provide for 30 days prior written notice tobe given to the City in the event coverage is
substantally changed, canceled or non-renewed.

All deductbles or self insured retentions on referenced insurance coverages must be bore by Contractor,

(Contractor agrees that msurers waive their rights of subrogation against the Cty of Chicago, ts employees,
lected officials, agents or representatives.

‘The coverages and mits furnished by Contractor in no way limat Contractors liabilities and responsibilities
specified within this Agreement or by law.

‘Any insurance or self insurance programs maintained by the City of Chicago do not contribute with
insurance provided by Contractor under this Agreement.

‘The required insurance tobe carried is not limited by any limitations expressed m the indemmsfication
language im tus Agreement or any limitation placed on the indemnity mn this Agreement given asa matter
oflaw

‘Ts Form is To Be Used Only For Deapate Agency Agreements Funded Whelly Through The Uned States Department Of
oveing And Urton Developments Communty Development Bios Grant Program (eur XXN) evand SO2382)

UNTITLED-046
Nov 19 2002 14:45 FR NEAR NORTH INGURENCE S12 200 SSIS TO 94520077 02a

citents; 16142 ‘UNITEDNEZG
acon. CERTIFICATE OF LIABILITY INSURANCE Oe/osfoa

FS A TORT oF roman —|
TS CoP sa Fs CUTE 2
Skat nie comincire Dock nor Aum. Erm 6

jUaited Neighborhood; organization Of
2G. Washangtoa Bivd.
mieago, TL 60607

nace —
jesuucwze807 ace i wrmames— (91,600,050

aroun ogosia 11300,000,
| sesaoin semen 10,00
| (rewpecuameazy 11,000,000]

(coemsomeos —ls2,000,000/

| bone sees 112,000. 000

S SaUUGENOT O67TTOR[O67IS OS emanate’ vi, 000,000
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[x sewrew 120090
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xoeeraai ' | [Rvcuemer —si00 7003 _|
: ‘x eeer tana #100 , 000
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(EEF SEPSP ekiasge as inctedes ‘sp adcutsonal insured under the gen

tty coverage as the:r interest may appear with respect co the
‘cperacsons of the ineured.

ae
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UNTITLED-047
EXHIBIT E

ADDITIONAL AGREEMENT PROVISIONS FOR
uw m SING. :LOPMENT
‘COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
‘CONSTRUCTION AND REHABILITATION PROJECTS

ATTACHMENT 1 PREVAILING WAGES
ATTACHMENT 2 PERFORMANCE BOND
ATTACHMENT 3. SECTION 3 REQUIREMENTS AND

CITY OF CHICAGO SECTION 3 COMPLIANCE PLAN

F441 ACCESSIBILITY COMPLIANCE

If this Agreement involves design for construction of construction, the Contractor warrants that
all design documents produced or utiized under this Agreement and all construction or
‘alterations undertaken under this Agreement must comply with al federal, state and local laws.
‘and regulations regarding accessibilty standards for persons wit disabilties or environmentally
limited persons including, but not imited to, the following the Amencans with Disabiities Act of
1990, 42 USC § 12101 et seq. and the Amencans with Disabilties Act Accessibilty
Guidelines for Buidings and Facies (‘ADAAG"), the Architectural Bamers Act, Pub L 90-480
(1968), and the Uniform Federal Accessibilty Standards (‘UFAS"), and the llnors
Enwronmental Barners Act, 410 ILCS 26/1 et seq., and all regulations promulgated thereunder,
‘892 Ilinors Admmistrative Code, Tie 71, Chapter 1, Section 400 110 If the above cted
‘standards are inconsistent, the Contractor must comply withthe standard prowiding the greatest
‘accessibiity Also, the Contractor must, pnor to construction, review the plans and
‘specifications to msure compliance with the above referenced standards If the Contractor falls
to comply withthe foregoing standards, the Contractor must perform again at no expense, and
all services required to be reperformed as a direct or indirect resuit of such failure

F-4.2 LICENSE, PERMITS AND SAFETY CONSIDERATIONS

Contractor must, a timely manner consistent with ts obligations under this Agreement,
secure and manta atts expense such permts, licenses, authonzations and approvals as are
necessary to engage in any construction or rehabiitation under this Agreement,

Contractor must at all tmes exercise all reasonable care, comply with all appicable provisions
Of federal, state and local laws to prevent accident or injures, including, but not mated to, 28
CER part 1926, and take all appropnate precautions to avoid damage to and loss of ts
property, Cty property and the property of third parties in connection with any pre-development,
ehabiltation or construction work hereunder Contractor must erect and properly maintain at
all tmes all necessary safeguards, bamers, flags and lights for the protection of Contractor's
‘and Subcontractors’ employees, City employees, and the public

Contractor must report tothe City any damage on, about, under or adjacent tots property, City
property or the property of third persons resulting from Contractor's performance under ths
‘Agreement Contractor's responsible for any damage to City property or the property of third
parties due, 1n whole or in part, to Contractor's performance under this Agreement, and
Contractor must remedy such damage to a reasonably acceptable standard

UNTITLED-048
F44.3 PREVAILING WAGES

I required by law, Contractor must comply, and must cause its Subcontractors of any ter to
Comply wath the Davis-Bacon Act, 40 US C'§ 276a et seq. and Section 12 of the Housing Act
of 1937, regarding the payment of the general prevaiing rate of hourly wage forall laborers,
‘workers, and mechanics employed by or on behalf of Contractor and all Subcontractors in
connection with any and all construction work The prevaiing rates of wages applicable at the
‘ime of execution ofthis Agreement are included as Attachment 1 of Exhibit F of ths
‘Agreement, which is incorporated by reference as though fuly set forth herein

F-1.4 PERFORMANCE BOND
If required by law:

A. Contractor wll provide or will cause its Subcontractors of any tier to provide a
performance bond with a surety acceptabie to the City n the amount of the rehabitation
‘and construction services to be performed Except as provided in paragraph (b) below,
the performance bond must be in the form of City Form PW O 62, attached hereto as
‘Attachment 2 of Exhibit F of this Agreement, which is hereby incorporated by reference
286 fully set forth herein

B. Ifthe Contractor does not directly perform the construction andlor rehabiltation work,
the Contractor must, prior to the commencement of construction/rehabiitation, require
sts general contractor ors individual contractors when a general contractor's not used,
to be bonded, for any work to be performed, for performance and payment, by sureties,
hhaving an AA rating or better, using Amentcan Insitute of Architects Form A311 or A312
The City must be named as an addtional obligee on each such bond

The Contractor expressly acknowledges thatthe City may withhold funds under this
‘Agreement, until the bonding requirement descnbed in subsection (A) or (B) is satisfied,
28 determined by the Chief Procurement Officer

F4.5 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY LAWS.

Contractor must denify and comply wth all envronmental laws, statutes, ordinances and
regulations relating to envronmental matters cluding, without imation, the Comprehensive
Enwronmental Response and Compensation and Liabity Ac, 42 US C § 9601 et seq, the
Hazardous Matenal Transportation Act, 49 U SC. § 180" et sea. the Resource Conservation
and Recovery Act of 1976, 42. US C § 6901 ot sea, the Clean Water Act, 33U SC § 1251 et
seq, the Clean Arr Act, 42 USC § 7401 et seq. the Toxc Substances Control Act of 1976, 15
US § 2601 et sea. the Safe Onnking Water Act, 42 US C § 300, the Occupational Safety
and General Seruces Act of 1870, 28 USC § 651 st seq, the Emergency Planning and
Commun Right‘o-Know Act, 42 US © § 14001 et sea. the linos Envronmertal Protection
‘Act, 418 ILCS 5/1 et seq. and the Munaipal Code of Chiéago, each as amended or
supplemented, and any cther present or future law, ordinance, rule, regulation, permit or permit
onaition, order or directive regulating, relating to or mposing ability oF standards of conduct
concerning any lead-based pant, wasies, special wastes or hazardous matenals (collectvely
“Envronmental Laws") If the Contractor fails to comply with any Environmental Laws, the Cty
‘may termnete this Agreement n accordance with the defaut provsions ofthis Agreement

UNTITLED-049
‘Contractor must at all imes comply wth all applicable provisions of federal, state and local laws.
related to the use, testing and abatement of lead-based paint including, but not ited to, the
Lead-Based Paint Poisoning Prevention Act, 42 U S C_ §§ 4822, 4831 et seq., the regulations
at CFR § 116 20etseq, 24CFR part 35 and 40C FR parts 260-271

‘The Contractor must comply withthe Ilinais Health and Safety Act, as amended, 820 LCS
1225/3 et seq. The rules pursuant to this Act are on file wit the Secretary of State of llinais and
‘re identical in every respect with the standards in effect under Federal OSHA standards,
pursuant to orders of the linois Industral Commission Pursuant to the Federal and State
standards, Contractor must provide reasonable protecton tothe ives, heaith and safety ofall
persons employed under the Agreement Such act and rules and the applicable parts of them
‘ill be considered part ofthis Agreement

F446 RETAINAGE

A. Ifrequired by law, notwithstanding any other provision of this Agreement, the City will
retain 10% of all amounts upto the first 50% of the total price under this Agreement
‘which otherwise would be payable to Contractor

B. Whenever, in the opinion of Contractor, the work has achieved substantial completion,
‘Contractor wil notfy the Commissioner in wring that the work will be ready for
inspection andlor testing on a definite date Notice willbe given at least 5 calendar days:

‘advance of such date Ifthe Commissioner concurs thatthe project 1s ready for

inspection and/or testing on the date given, the Commissioner wil arrange for such

inspection at a convenient time forall partes, but within a reasonable period of tme If
the work 1s found to have achieved substantial completion in accordance with the

‘Agreement, the City will retain 3% ofthe aforementioned reserve and release the

balance to the Contractor

©. Finally, upon

1. final acceptance of the work,

Ti, the Contractor's compliance with the Agreement's conditions for payment and
performance of the work covered by the Agreement in accordance withthe terms
‘and conditions of this Agreement and compliance with all other terms and
Conditions of the Agreement,

payment to all Subcontractors, workers, employees, suppliers and mateniaimen
for work performed and materals supplied, and

iv, computation ofthe final quantties of work,

the final retained amount less any damages or other amounts that the Chief
Procurement Officer determines should be deducted, will be paid to the Contractor
final payment

FA1.7 NO LIEN-PROVISION

‘The Contractor must notify its Subcontractors that no mechanics’ lens under the tlino1s
Mechanics’ Lien Act, 770 ILCS 60/0 01 et seq., wil be permitted to anse, be filed, or martained
‘against pubic funds, this project, or any part of them, or any interest therein, or any

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improvements thereon, or against any monies due or to become due to Contractor's
‘Subcontractors on account of any work, labor, services, matenals, equipment, or other tems
performed or furnished for or in connection withthe project hereunder The Contractor, for
itself and its Subcontractors, does hereby expressly release and relinquish such liens and all
Iights to file of maintann such hens, and acknowledges further that this waiver of lens and
‘waiver of the nght to file or maintain such liens wil be an independent covenant if any of
Contractor's Subcontractors, employees, officials, agents, of any other person directly or
indirectly acting for through, or under any of them fies or maintains a len or claim as described
‘above, Contractor must cause such liens and ciaims to be satisfied, removed, or discharged by
bond, payment or otherwise, within 30 days from the date of filing thereof

F-4.8 PROTECTION OF EXISTING STRUCTURES AND PROPERTY

‘The Contractor will avoid damage, as a resuit of ts operation, to trees, plant if, exsting
sidewalks, curbs, streets, alleys, pavements, utes, adjorning property, the work of other
‘contractors, and the property of the City and thd partes and will at its own expense repair any
‘damage caused thereto by Contractor's operations

F-4.9. NESHAP COMPLIANCE ON CITY CONTRACTS

‘The Contractor warrants that all work performed under this Agreement by the Contractor or its
Subcontractors, must be performed in accordance with al federal, state and local laws and
regulations, including but not lmted to, the Natonal Emission Standards for Hazardous Air
Pollutants ("‘NESHAP)), 40 CF R §61 145

F440. SECTION 3 CLAUSE

Inthe event the funding under this Agreement exceeds $100,000 and the Contractor performs
construction or rehabiltation activites, or the funding under this Agreement exceeds $200,000
‘and the Contractor uses a subcontractor or subcontractors to perform construction or

rehabilitation activites, the Contractor must comply with the Section 3 Clause, attached hereto

as Attachment 3 of Exhibit F ofthis Agreement, and the City of Chicago Section 3 Compliance
Pian Booklet

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ATTACHMENT 1 OF EXHIBIT E

PREVAILING WAGES
{WE REQUIRED BY LAW)

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ATTACHMENT 2 OF EXHIBIT E

-ORMANCE BOND
UE REQUIRED BY LAW)

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ATTACHMENT 3 OF EXHIBIT E

STION 3 REQUIREMENTS AND
Te ECTION 3 Ci
Ta

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ARTICLE|
SECTION 3 REQUIREMENTS

‘The work to be performed under this Contracts subject to the requirements of Section
3 (‘Section 3) of the Housing and Urban Development Act of 1968, as amended, 12
USC 1701u (the "Housing Act’) The purpose of Section 31s to ensure that
‘employment and other economic opportunites generated by HUD assistance or HUD-
‘assisted projects covered by Section 3, must, to the greatest extent feasible, be directed
to low- and very low-income persons, paricuiarly persons who are recipients of HUD
assistance for housing Terms used m this Section have the meanings ascribed thereto
1m Section 3 orn the regulations promulgated under the Housing Act (the "Regulations")
‘and found at 24 C FR Part 135

‘The Contractor must comply with the Regulations which implement Section 3. AS
‘evidenced by ts execution ofthis Contract, the Contractor certfis that ts under no
‘contractual or other impediment that would prevent it from complying wath the
Reguiations

‘The Contractor must send to each labor organization or representative of workers with
which the Contractor has a collective bargaming agreement or other understanding, 1f
‘any, @ notice advising the labor organwzation or workers’ representative ofthe
Contractors commitments under this Section, and to post copies ofthe notice n
Conspicuous places at the work site where both employees and applicants for training
‘and employment positons can see the notice The notice must descnbe the Section 3
preference, must set forth minumum number and job tiles subject to hire, availabilty of
Apprenticeship and traning postions, the qualifications for each, and the name and
location ofthe persons) taking applications for each ofthe positions, and the
anticipated date the work will begin

“The Contractor must include the language contained in ths Section in every subcontract
‘subject to compliance with the Regulations and must take appropriate action, as
provided n an applicable provision ofthe subcontract or in this Section, upon a finding
{hat any subcontractor wth whom the Contractor contracts isn violation ofthe
Regulations The Contractor wil net subcontract wth any subcontractor where the
Contractor has notice or knowiedge that the subcontractor has been found m volation of
the Regulations

‘The Contractor wil certify that any vacant employment positions, including training
postions, that are filed (1) after the Contractor 1s selected but before the Contract is
‘executed and (2) with persons other than those to whom the Regulations require
‘employment opportunites to be directed, were nat filed to circumvent the Contractor's
‘obligations under the Regulations

Noncompliance with the Regulations may resuit in sanctions, including, but not lmted
to, termination of this Contract for default, and debarment or suspension from future
HUD assisted contracts

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ARTICLE
‘SECTION 3 ACKNOWLEDGMENT & DEFINITIONS

A. ACKNOWLEDGMENT

“The Contractor acknowledges receipt fom the Cy of a copy ofthe Cty of Chicago
Section 3 Complance Plan booklet ("BooWle") The Contractor must complete or cause
tobe completed, a8 appcabe. the forms contaned therein and referenced herein. and
to submit these forms tothe Cy at such tes as are noted heren or otherwee
required The Contractor hereby represents and warrants that al forms heretofore or
hereafter submited by or on bea of the Contractor are or willbe true and correct. and
that work under the Contract wil be armed out n accordance withthe exstng
templayee lst, new hire plan arg plan, contracting plan. and complnce etort
narrative applicable, as submitted by the Contractor to the City unless otherwise
‘greed ton wntng by the Chet Procurement Officer

5. DEFINITIONS.
"Section 3 resident" means

1. alow or very lowsincome person, as defined in Section 3(0)(2) of the US
Housing Act of 1937, residing within the metropolitan area in which the Section 3
‘covered assistance 1s expended, or

i, a public housing resident

“Business concern” means a business enti formed in accordance with state law, and

which is licensed under state, county or munrepal law to engage in the type of business

‘actity for which it was formed

"Section 3 business concen" means a business concern

that 1s 51% or more owned by Section 3 residents, oF

i, whose permanent, full-time employees include persons, atleast 30% of whom
@. are currently Section 3 residents, or

b. were Section 3 residents at the time when the business concern intially
‘employed them, provided the date of intial employment snot more than
three years ago, or

1h, that commits to subcontract in excess of 25% of the dollar amount of all
subcontracts to be awarded in connection withthe Contract to Section 3
business concerns as defined in () and (x) hereinabove

lease refer to the Booklet for numencal goals and order of preference established by
HUD for the employment of Section 3 residents and subcontracting awards to Section 3
business concerns

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VAS! RMULA N 3 BUSINESS Cc
‘With respect to any Section 3 covered contract to be awarded pursuant to competitve sealed
bidding, the Chief Procurement Officer wil accept the lowest bd or evaluated bid price from a
responsive and responsible Section 3 business concern ("iow Section 3 bid’) provided that the
low Section 3 bid does not exceed the lowest bid or evaluated bid pnce from a responsive and
responsible non-Section 3 business concer ("low bir") by more than the follownng

where the low bid 1s the low Section 3 bid does not
‘exceed the low bid by the lesser of
less than $100,000 10% of the low bid or $9,000,
between $100,000 and $199,099 99 9% of the low bid or $16,000
between $200,000 and $299,999 99 8% of the low bid or $21,000
between $300,000 and $399,999 99 7% of the low bid or $24,000
between $400,000 and $499,999 99 63 of the low bid or $25,000
between $500,000 and $999,999 99 5% of the low bid or $40,000

between §1,000,000 and $1,999,999 994% of the low bid or $60,000,
between $2,000,000 and $3,999,999 99 3% ofthe low bid or $60,000,
‘between $4,000,000 and $6,999,999 69 2% ofthe low bid or $105,000

‘$7,000,000 or more 15% ofthe lowest responsive bid with no dollar
limit
ARTICLE IV
‘SECTION 3 OPPORTUNITIES PLAN

A BAC! INFORMATION

Porto award of the Contract, the Contractor must prowide the Department with the
following information

i. Alistof all curent contracts the Contractor holds withthe City (FORM-2),

The Cty service area in which the project is located (worksheet for FORM-3),
and

A list of current employees and job categones, including employee addresses
‘and hunng dates (FORM-4)

8 EM At STUNITIES.

‘To ensure maximization ofthe use of Section 3 residents as trainees and employees,
the Contractors required to

1. Partrpate in a Pre-Award Conference where the Contractor must submit 3
‘wntten plan with respect to hiring Section 3 residents as employees and trainees
This written plan must inciude the folowing

. Goals for the traning and employment of Section 3 residents expressed

~ UNTITLED-057
as percentages of the planned aggregate number of new hires for the
Contract dunng the one-year period beginning December 1, 1999, and
‘each successive one-year penod of the Contract’s performance,

b. _Atinng plan which includes job categones, expected total number of new
hres and number of Section 3 hires, and beginning and ending work.
ales for expected new hires (FORMS),

cA training pian which includes anticipated areas and types of trang
(FORMS), and

d. _Addescnpton of the method used to develop the goals in par (i) and the
‘methods through which these goais willbe achieved, including the extent
to which the preferences outlined heremabove willbe applied (form
enttled Efforts to Comply wth Section 3 Hinng and Contracting Goals
‘Namratve)

Maintain, and cause ts subcontractors te mantan,a record of persons applying
{or postions throughout the term ofthe Contract Ths record must mclude the
~appicant’s name, address, family income, the date of the application and the
<lepostion of same. This record should be used by the Contractor to achieve ts
‘Section 3 hinng goal_Hinng wil be based first on the applicants qualifications
‘and second on the date of application

‘Submit weekly certified payroll reports to the Department which identify whether
teach employee 1s a Section 3 resident, the actual residence of each employee,
‘and other information as required (FORM-11) The first time that an employee's
name appears on @ payrol, the date that the Contractor hired the employee
should be wntten in after the employee's name_ In addition the Contractor must
‘obtain, and cause its subcontractors to obtain, affidavits from new hires certifying
ther status as Section 3 residents (FORM-) Affidavits must be submited to
the Department together wth the certified payroll report the first time that the
‘employee's name appears on the report When a Section 3 employee 1s.
terminated, the Contractor must submit to the Department together withthe
certtied payroll report, an employee termination tracking form which identifies
termnated Section 3 employees (FORM-12)

Exert maximum effort to achieve its Section 3 hinng goal The Contractor must
send each labor organization or representative of workers with which the
Contractor has a collective bargaining agreement or other understanding a
notice explaning the Contractor's commitments under this Section The
Contractor must also post copies of the notice in conspicuous places at the work
‘te where both employees and applicants for trang and employment positions
‘can see the notice The notice must descnbe the Section 3 preference, must set
forth minimum number and job tiles subject to hire, availabilty of apprenticeship
‘and traning positions and the qualifications for each, the name and location of
the person taking applications for each ofthe positions, and the anticipated date
the work will begin. The Contractor may also utize additional methods of filing
vacancies

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Document its efforts to affirmatively seek Secton 3 residents by maintaining
Copies of advertisements and postings ofjob vacancies. Further, the Contractor
‘must maintain copies of letters, memos and records of telephone calls which
request referral of applicants from training institutions

vi, Should the Contractor, after exhausting all methods isted above, be unable to
hire Secton 3 residents n sufficent numbers, must advise the Department in
winting of ts desire to obtain relief from these obligations This request should
be filed no later than five working days from the Contractor's determinaton that it
cannot comply The request must be received and approved before another
‘payout is made Upon recewng this request, the City vil examine the
Contractor's documentation ofits efforts and wal determine if relief will be
granted

ARTICLE V
INTRAGTING OPPORT\

‘To ensure maxamzation of the use of Section 3 business concerns as subcontractors, the
Contractor is required to

‘A Participate n a Pre-Award Conference at which me the Contractor must submit a
vwntten plan with respect to the utization of Section 3 business concems as.
subcontractors. This wntten plan wil include

i. Agoal expressed as a percentage of total planned subcontracting dollars for the
tutiization of Section 3 business concems as subcontractors,

i, The dollar amounts and types of all planned subcontracting, and whether twill
‘be with Section 3 business concems (FORM-7),

iil, A desonption of the method used to develop the goals in part (1) and the methods
through which these goals will be achieved, including the extent to which the
preferences outhned hereinabove will be applied (form enttled Efforts to Comply
wth Section 3 ting and Contractna Goals Narratve)

‘Submit an affidavit of each subcontractor that 1s a Section 3 business concern at the
Pre-Award Conference If the Contractor uses additional or substitute subcontractors
dunng the term of the Contract, an affidavt for the new subcontractors must be
submitted tothe Department as soon as the subcontractor is selected (FORM-10)

C. Subcontract, to the greatest extent feasible, with Section 3 business concerns The
Contractor must document is efforts to subcontract, to the greatest extent feasible, with
‘Secton 3 busness concems by maintaining copies of letters, memos, and records of
telephone calls requesting quotations from Section 3 business concems_ in addition,
the Contractor must submt to the Department a subcontractor actuty report detailing
the dolar amounts and types of actual subcontracting, and whether its with Section 3
business concerns (FORM-8) as soon as the subcontractors are selected or at other
times as determined by the Department

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ARTICLE VI
‘COMPLIANCE WITH SECTION 3

‘The Contractor must a all times fully cooperate with the City to demonstrate compliance with
Section 3 The Contractor must submit affidaws from all Section 3 resident new hires,
Subcontractor activity reports, and other documentation as may be required at such time
intervals as herein stated or as otherwsse may be determined by the Department In addition,
{ull access to the Contractor's and subcontractors’ employment records must be granted to the
Depariment and the Chief Procurement Officer or his duly authorized representative

Falure to comply with the Section 3 requirements may cause the Contractor to be deemed @
rnon-responsible bidder in future City contracts Further, dunng the term of the Contract, failure
‘oF refusal to comply or provide satisfactory evidence of efforts to comply wth Section 3
requrrements set forth herein wall constitute an event of defaut_In such case the City may
Invoke the remedies set forth in the Contract In additon, such failure or refusal to comply may
sult nthe Department of Housing and Urban Development rendenng the Contractor ineligible
Cr debarred from particpation on federally assisted projects

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contractor

SECTION 3 COI

| have read and understand both Title 24 CF R Part 136 (Section 3 Regulations), and the.
Instructions to contractors regarding these reguistions,

| wll comply wth all Section 3 requirements set forth therein for work to be performed on the
HUD-funded provects Further, | wil take all necessary and reasonable steps to insure that all
‘subeontractors performing on ths project adhere to same

{ have not wolated Section 3 and | wll not contract with subcontractors that have violated
Section 3 | have notice or knowledge of such viottion

| al submit and insure the submission of all documents tothe City of Chicago and HUD

| understand that failure to cary out these requrements, constitutes a breach of contract wluch

may termination ofthis Contract or other sanctions
Unated Neighborhood dyganization weecte

CONTRACTOR DATE
(CORPORATE SEAL)

State of _T11anois
County of,

5
‘his instrument was ashnowledgod before me on “Hee Le. (dele) by “Ta aye |
tear pes) m leas (pe ofan, of, tae cx) a

Lehi fgactatiee (wane of, ‘of whom instrument was

Signature of Notary Public

Caan
ca ER

seo se emer nS

‘Powscseoetsss ae

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