data/data_text/00000KR2.pdf.txt

Contract Summary Sheet
Contract (PO) Number: 97

Specification Number: 420
‘Name of Contractor: WEST AVALON CIVIC GROUP

City Department: DEPARTMENT OF HOUSING

‘Title of Contract: CDBG 03 HOUSING RESOURCE CENTER

‘Term of Contract: Start Date: 1/1/03
End Date: 12/31/03

Dollar Amount of Contract (or maximum compensation if a Term Agreement) (DUR):
831,500.00

Brief Description of Work: CDBG 03 HOUSING RESOURCE CENTER

Procurement Services Contact Person: ELISE MANN

Vendor Number: 1052732
‘Submission Date:
‘APR 11 2003
SCANNING

Purchase:_97
Supplier/Vendor Code #:_1052732
Maximum Compensation: $31,800.00

DELEGATE AGENCY AGREEMENT
BETWEEN
‘THE CITY OF CHICAGO.
DEPARTMENT OF HOUSING
and

Avalon Civic Group, Inc.
(CONTRACTOR)

6086 Program

CFDA. Number -14.218

From JANUARY 1, 2003 TO DECEMBER 31, 2003

‘Tai Fam ie Toe Used Only Fox Delegate Agency Agreements Funded Wholly Through The Und States Department Of
‘eeing An Urban Oevelopments Conmumty Deetopment Bick Grant Program (ear XXH) (Revised 102313,
‘Signed at Chicago, Illinois:

Richard W Daley, Mayor
Recommended By: ;
Ff podendah. $. bile es
Confmissioner Wem

Chief Procurement Officer

West Avalon Civic Group , Inc.
(CONTRACTOR)
CC

By: ce dices

Title: President

(mast be an executive director or corp. president)

State of Illinois
County of Cook

‘This instrument was acknowledged before me on 1125103 (date)by Elshema Caroll (namels of
personis)as President (type of authority, e.g, officer, rustoe, etc.) of Wes! Avalon Civ Group, Inc,
(name of party on behalf of whom instrument was executed).

Z 7. OFFICIAL Sch.
en ani Ae he sane F ZAMORA Chinn
Signature of Notary Public. omnes
y, : SS.

‘in the event that this Agreement Is signed by any individual other thitin the Borpofate presideht sr the"
‘executive director, attach a copy ofthat section of Corporate By-Laws or other authorization, such as 3
‘asolution by the Board of Directors, which permits the individual to sign the Agreement for the
Contractor.

‘This Fem a To Be Used On Far Delegate Agency Agreemerts Funda Wholly Through The Une Sates Department Of
‘ocning And Urben Goveopments Communty Developme Bik orant Progra (ear Xn) Revaed 1/2083),
AGREEMENT

‘This Agreement s entered into a of the _1 day of January 2003 , by and betwaen,
‘West Avalon Civic Grovp, inc._a corporation ("Contractor), whose malling address is: 8046 S, Cottage

Grove, Suite 108 Chicago, llinois 60619, and the CITY OF CHICAGO (-City), a municipal corporation

‘and home rule unit of focal government existing under the Constitution ofthe State of Mlinots, acting

through its DEPARTMENT OF HOUSING ("Department whose malling address Is:

‘318 South Michigan Avenue , at Chicago, ilinols

BACKGROUND INFORMATION

‘The City has received Community Development Block Grant ("CDBG") funds pursuant to the
Housing and Community Development Act of 1974, CDBG funds are to be used for the development of
Viable urban communities, by providing decent housing, a suitable living environment and expanding
‘economic oppertunities, principally for persons of low and moderate income.

‘The City Council of Chicago has appropriated CDBG funds to be used for Housing Resource
‘Genter (HRC) [program name] and the Cty desires to enter into this Agreement to provide such
housing, living envionment and economic opportunities

‘The Contractor represents that it has the professional experience and expertise to provide these
‘ervicos to the full satisfaction of the City and that it is ready, willing and able to enter Into this
‘Agreement.

‘This Agreement will take effect as of January 4, 2003 and continue through
December 31, 2003 ("Term"), oF until the Services are completed or until this Agreemont is terminated,
whichever occurs first. Contractor will complete the Services tothe satisfaction ofthe City no later than
December 31, 2003,

‘Any payments under this Agreement will be made from Fund Number # 09: 067-0212520- 0135
‘and are subject to annual appropriation and availabilty of funds. The maximum compensation that
Contractor may be paid under this Agreement, without an amendment to this Agreement authorizing
higher amount, is $31,500.00 (the “Maximum Compensation”).

‘Now, Therefore, the partes agree as follows:

‘This Fam io Toe Used Ont For Delegate Agoncy Agreements Funded WhellyThrovgh The Unite Sates Deparment Of
easing And UrbenCeveepments Conmurnty Devel! Back Grant Program eee XB) Reve 12232,
‘TERMS AND CONDITIONS

ARTICLE +
INCORPORATION OF BACKGROUND
INFORMATION

‘The Background Information is incorporated by
reference.

ARTICLE 2
‘TERM AND FUNDING

2.1 CONTRACT PERIOD

The Term of this Agreement is noted in the
Background Information. Also, the Contractor
‘acknowledges that in the performance of the
Services, TIME IS OF THE ESSENCE.

22 PROGRAM FUNDING

‘Any payments under this Agreement wibe made
from the Fund Number shown in the Background
Information andis subjectto anual appropriation
‘and availabilty of funds. The Maximum
Compensation that Contractor may be paid
without an amendment authorizing @ higher
‘amount, is noted in the Background information,

‘The Ciy, in its sole discretion, may reduce the
‘Maximum Compensation at any time, upon
wnitten notice to the Contractor. Upon reduction
Cf the Maximum Compensation, the Contractor
will fully cooperate with the City’s deobigation
‘andlor reprogramming of funds.

2.3 EXTENSION OPTION

‘The Chief Procurement Officer of tie City of
(Chicago ("Chief Procurement Officer) may, pror
fo this Agreement’s expiration, extend this
‘Agreement for up to 2 additional years, each
period not to exceed 7 year, by writen notice to
the Contractor.

ge tof 23

Terms and Conditions
24 EARLY TERMINATION

‘The City may terminate this Agreement, or any
portion of it remaining to be performed, at any
time, upon written notice to the Contractor. Ifthe
‘Agreement is terminated by the City, the
Contractor will deliver to the City al finished or
Unfinished documents, data, studies, and reports
Prepared by the Contractor under this
‘Agreement. Payment for the work performed
before the effective date of such termination will
‘be based upon a proration of the work actually
performed by the Contractor to the date of
termination, "as determined by the Chief
Procurement Officer. Payment made by the City
pursuant to such proration, will be in full
‘Sotiement for all Services rendered by the
Contractor.

2.5 CONTRACTOR CONTRIBUTIONS:

‘The Contractor wall contribute to the payment of
‘expensesincurredin performing the Services, the
‘amounts, if any, described in Exhibit C. The
‘Contractor's contribution will be cash oF in-king.

2.6 _NON-APPROPRIATION

Ino funds or insufficient funds are appropriated
‘and budgeted in any City fiscal period for
payments to be made under this Agreement, the
City will notify Contractor in writing of such
‘occurrence and this Agreement wil terminate on
the earlier of the last day of the fiscal period for
‘which sufficient appropriation was made or
whenever the funds appropriated for payment

under this Agreement are exhausted. No
payments willbe made or due to the Contractor

Under this Agreement beyond those amounts
‘appropriated and budgeted by the City to fund
payments under this Agreement.

‘Th Form it Te Be Used Ony For Onaga Agency Agreements Funce Wholly Trough The United Sites Departmeat Of
otng an Urb Developments Cmmunty Gevlsoment Blok rant rogram Rew 238 Reneed 1/2383.
ICLE

DUTIES OF THE CONTRACTOR

3.4 SCOPE OF SERVICES
(WORK PROGRAM)

‘The Contractor will carry out the Services
pursuant o the Scope of Services (Work
Program), attached as Exhibit and
Incorporated by reference, and the Budget
‘Summary, attached as Exhibit and
incorporated by reference, in accordance with
the requirements of this Agreement. The
‘Scope of Services (Work Program) is intended
to be general in nature and is neither a
‘complete description of the Contractor's
‘Services nora limitation on the Services which
the Contractor will provide.

32. STANDARD OF PERFORMANCE

‘The Contractor will perform all Services under
this Agreement with the degree of skil, 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
will use its best efforts on behalf ofthe Cy 10
{assure timely and satisfactory completion of the
Services,

Ifthe Contractor fils to comply with the
‘Standard of Performance, the Contractor will
continue to perform any Services required by
the City as a result ofthe failure. This provision
inno way limits the City’s legal or equitable
Iights against the Contractor

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

Hf assignment of personne! is required for the
‘proper completion ofthe Services or is
otherwise required by this Agreement, then the
Contractor wil assign immediately and maintain
for the duration ofthe Services, 2 staff of
‘competent personnel that is fully licenced,
‘equipped, competent and qualied to perform
the Services. The Contractor wil retain and
make avaliable to the City, state and federal
agencies governing funds provided under this
‘Agreement, proof of certification or expertise
including, Dut not imited to, licences, resumes
‘and job descriptions.

3.4. MINORITY-OWNED ANO WOMEN-
‘OWNED BUSINESS ENTERPRISE
PROCUREMENT PROGRAM

‘A. Ilthe Contractor's Scope of Services
(Work Program) is solely imited to
‘social services (including, but not limited
to, job training and placement,
education, child day care, emergency
shelter, home-delivery meals and health
care), the Contractor need not comply
with the Minority-Owned and Women-
(Owned Business Enterprise
Procurement Program (the "MBE/WBE
Ordinance”). Municipal Code of the City
(f Chicago (the "Municipal Code")
Section 2-92-420 et sea.

8. If, however, the Contractors Scope of
Services (Work Program) includes
construction, renovation, rehabilitation
‘or facility enhancement, the Contractor
‘must comply with the MBEWBE.
Ordinance, except to the extent waived
by the Chief Procurement Officer

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ounng Ara Urban Devecpmen’s Commumty Gevlepnet Bac Grant Program as" XX) Revines 1/2382),
3.5 NON-DISCRIMINATION
A Eederal Requirements

Inperforming the services under ths
‘Agreement and in its employment
practices the Contractor must not:

1. fall or refuse to hire or discharge
any individual, or otherwise
<iscrminate against any
Individual with respect to his or
her compensation, or the terms,
conditions, of privileges of his oF
her employment, because of
such indlviduat's race, color,
religion, sex, age, handicap or
national origin; oF

limit, segregate, or classi its
‘employees or applicants for
‘employment in any way that
would deprive or tend to deprive
any individual of employment
‘opportunites or otherwise
‘adversely affect the indivdua’s
status 4s an employee, because
ofthat indvidua's race, color,
religion, sex, age, handicap or
rational origin,

In discharging the
responsibilties required by the
terms and conditions ofthis
‘Agreement, the Contractor wi
‘comply withthe Givi Rights Act
of 1964, 42 U.S.C. § 2000 et
$8g.; Executive Order No.
411246, as amended by
Executive Order No. 11375 and
by Executive Order No, 12086;
tha ge Discrimination Act of
1978, 42 USC. §§ 6101-6108:
Title IX of the Education
Amendments of 1972, as
‘amended (20 U.S.C. 1681-83,
‘and 1685-86); the Renabiitation
Act of 1973, 29 U.S.C. §§ 793-

Terms ang Conditions - Page 3 of 23,

794; the Americans with
Disabiites Act, 42 USC. §
12101 et seq,; 41 CFR. part 60,
and al other applicable feder
Statutes, regulations and other
laws.

‘State Requirements

In performing the services under this
‘Agreement, the Contractor wil comply
with the ilinois Human Rights Act, 775
ILCS 5/1-101 et sea., the Pubic Works
Employment Discrimination Act, 775
ILCS 10/0.01 et seq. and any rules ang
regulations promulgated thereunder,
including, but not imited to, the Equal
Employment Opportunity Clause, 44 Il.
‘Admin. Code § 750 Appendix A, and ali
‘other applicable state statutes,
reguiations 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
‘ordinances and rules. Further, the
Contractor must furnish, and cause
every subcontractor to furnish, such
repots and information as may be
requested from time to time by the
(Chicago Commission on Human’
Relations

‘Subcontractors Required to Comply
‘The Contractor will incorporate all of the
provisions set forth inthis Section in all
subcontracts entered into with all
suppliers of materials, fumishers of
services, subcontractors of any tier, and
labor organizations which furnish skilled,
Lnskiled and craft union skilled labor, or
which may provide any materals, labor
or services in connection with is
‘Agreement.

‘This Fo it Te Be Use Ony For DeagateApeny Areements Funded Whol Trough The Unig States Deeartmant OF
Nousng an Uroan Deviants Cammumtyonvlopmant Black Grae Program (Yau 008 Revises 1/2502)
‘The Contractor must cause its
subcontractors to execute such
cerficates as may be necessary in
furtherance of these provisions. Such
‘certifications willbe attached and
Incorporated by reference in the
‘applicable subcontracts. If any
subcontractor is @ partnership ox joint
venture, the Contractor wil also include
provisions in its subcontract insuring
thatthe entities comprising such
partnership or joint venture wil be jinty
‘and severally liable for the partnership's
or joint venture's obligations under the
subcontact,

3.6 INSURANCE

Contractor must provide and maintain or
‘cause to be provided during the term of
this Agreement the insurance coverages
and requirements specified in Exhibit,
insuring all operations related to this
‘Agreement. Contractor must submit
Certificates of Insurance of the required
‘coverage’s prior to this Agreement
being fully executed to:

ity of Chicago
Comptroller's Office

Federal Funds Insurance Unit
33 North LaSalle Street
Room 800

Chicago, iincis 60602

3.7 INDEMNIFICATION

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

i. injury. death or damage of or to.
‘any person or propery

‘Terms and Conditions - Page 4 of 23,

any infringement or violation of
any property ight (including any
patent, trademark or copyngt),

Wil, failure to pay or perform or
‘cause to be paid or performed
‘Contractor's covenants and
obigations as and when required
Under this Agreement or
otherwise to pay or perform its
‘obigations to any Subcontractor;

Iv, the City’s exercise ofits rights
and remedies under this
‘Agreement: and

¥. injures to or death of any
‘employee of Contractor or any
‘Subcontractor under any
‘workers compensation statute,

“Losses” means, individually and
collectively, lables of every kind,
including losses, damages and
reasonable costs, payments and
‘expenses (such as, but not limited to,
‘our casts and reasonable attomeys'
fees and disbursements), claims,
demands, actions, suits, proceedings,
judgments or settlements, any or all of
which in any way arise out of oF relate to
the acts or omissions of Contractor, its
employees, agents and Subcontractors.

‘At the City Corporation Counsel's
‘option, Contractor must defend all sults
brought upon all such Losses and must
pay all costs and expenses incidental to
them, but the City has the right, at its
‘onton, to participate, at its own cost, in

12 Uc-s1i6@ of any suit, without relieving
Contractor of any of its obigations
Under this Agreement. Any settlement
must be made only with the prior writen
‘consent of the City Corporation
Counsel, ifthe settlement requires any
action on the part of the City,

[Res Form To Be Uses Only For Detgate Agency Agreements Fundes Whoty Through The Une States Deparment OF
euning ad Ursen Developments Commun Gevlepmat Bleck Grat Progam Yer O08 (Ravens 1/2582.
To the extent permissible by law,
Contractor waives any limits to the
‘amount of its obligations to indemnity,
<delend or contribute to any sums due
Under any Losses, including any ciaim
by any employee of Contractor that may
bbe subject to the Workers
‘Compensation Act, £20 ILCS 305/1 et
‘Sea, oF any other law or judicial decision
(such as, Koteck’v, Cycloos Welding
‘Corporation, 146 i. 24 185 (1991)
‘The City, however, does not waive any
limitations it may have on its liability
under the Hlinois Workers
Compensation Act, the ilincis Pension
Code or any other statute. Contractors
walver under this provision, however

ot intended and does not require
‘Contractor to indemnity the City for the
‘City’s own negligence in violation of the
Construction Contract indemnification
for Negligence Act (“Antxindemnity
Acf?), 740 ILCS 35/0.01 et sea, the
‘Ante-indemnity Act apples,

‘The indemnities contained in this
‘section survive expiration or termination
of this Agreement for matters occurring
fr arising during the term of tis
‘Agreement or as the result of or during
the Contractor's performance of
Services beyond the term. Contractor
acknowledges that the requirements set
{orth inthis section to indemalty, keep
3nd save harmless and defend the City
are apart from and not limited by the
Contractor's duties under this
Agreement, including the insurance
requirements under Section 3.6. In the
‘event that a court or other governmental
‘authority having competent jurist
etecmines any portion or provision of
this Section to be inoperative or
unenforceable pursuant tothe Ants
Indemnity Act. the moperative or
unenforceable portion or provision wil
be deemed severed and deleted, and

Terms and Conditions «Page 5 of 23,

1 remaining provisions will remain
enforceable to the maximum extent
Dermitted by applicable law.

NON-EXPENDABLE PERSONAL
PROPERTY

‘The Contractor wil comply with all Federal,
State and Local laws and ordinances regarding

‘property management.

‘The Contractor will request and receive written
‘authorization from the City prior to the purchase
of tangible personal property having a useful
Ife of more than 1 year and an acquisition
‘cost of $5,000 or more per unit with funds
received pursuant to this Agreement
(*Non-expendable Personal Propert/).

All Non-expendable Personal Property will be
the property ofthe City tothe extent that such
property is not the property of the federal
‘government or the State of Ilinos.

‘The Contractor will maintain a current inventory
listing of such Non-expendable Personal
Property and will deliver a copy of such listing
to the City on an annual basis.

‘The Contractor wll return all Non-expendable
Personal Property to the City, upon the
termination of the Services, completion of this
‘Agreement or at any ime requested by the
Department. However, upon the receipt of the
final inventory of ali Non-expendable Personal
Property. the City may allow such property to
remain in the possession of the Contractor if
the City, n its sole discretion, determines that
1e Non-expendable Personal Property is.
necessary for the performance of any new or
voter services by the Contractor forthe City

3.9 SUBCONTRACTS

‘Al subcontracts and all approvais of
subcontractors, regardless of ther form, will be
‘deemed to be conditioned upon performance

‘hus Farm To Be Used Ony For Dnngute Agency Agreements Funded Wolly Trough Th United Sates Department Of
‘oueng ans Urea Development Communty Gevelopmert Block Gran Program (Year HX) (Revises 1/2089).
by the subcontractor in accordance with the
terms and conditions of this Agreement. The
‘approval of subcontractors will under no
circumstances operate to relieve the Contractor
(of any of its obligations or liabilites under this
Agreement

Upon entering into any subcontract, the
Contractor wil furnish the City with 1 copy of
the subcontract for distribution to the Chief
Procurement Officer and the Deparment. All
‘subcontracts will contain provisions that require
the Services to be performed in strict
‘accordance withthe terms and conditions of
this Agreement and that the subcontractor is
‘subject to all ofthe terms and conditions ofthis
‘Agreement, including the rights ofthe City to
‘approve or disapprove of the use of any
subcontractor. AS long 2s such subcontracts
40 not prejudice any of the City's rights under
this Agreement and do not affect the quality of
the Services to be rendered in any way,
‘subcontracts may contain different provisions.
than are provided in this Agreement,

3.10 PROGRAM INCOME

‘The Contractor will return to the City all gross
income received by the Contractor that is
‘directly generated by the use of funds received
‘from the City ("Program income"), in any form
‘or manner the City requires. Program income
includes the folowing

‘A. proceeds from the disposition by sale or
long term lease of real property,
purchased or improved with Cty funds;

B. proceeds trom the disposition of
equipment purchased with City funds;

G. gross income from the use or rental of
‘eal or personal property acquired by
the Contractor with City funds, less the
cost incidental fo the generation of sucn
‘come,

aat

Terms and Consitions - Page 6 of 23

{gross income from the use or rental of
eal property owned by the Contractor
that was constructed or improved with
City 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 eamed on funds held in @
revolving fund account;

interest eared on Program income
‘pending disposition of such income; and

funds collected 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 of the City's portion of
‘8 public improvement.

RELIGIOUS ACTIVITIES
Definitions:

“Pervasively Sectarian Organization”
‘means an organization whose primary
purpose is reigious, such as a churcn,
synagogue, mosque, religious primary
‘secondary school, or corporate entity
whieh includes such religious uses.

*Religiously Affiated Organization”
‘means an ently with a secular purpose,
which is affliated with a Pervasively
Sectarian Organization or whose
members are motivated by 2 religious
purpose,

“Line-itern-Services Agreement’ means
‘an Agreement for the provision of items.
(€.g., meais, vaccinations, etc.) or
Services (e.., homeless services, job
training, child care, medical care. etc)
which sets forth each particular type of

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‘exsenditure for which Contract amounts
are to be spent, and which is based on
the number of persons to be served.

‘The Contractor warrants that in
providing the Services:

it wil not discriminate against
‘any employee or appicant for
‘employment on the basis of
religion and wil not limit
employment or give preference
to persons on the basis of
religion, uniess otherwise
‘expressly allowed by law,

Ik itwillnoteiscriminate against
‘any person applying forthe
Services on the basis of religion
and wall not imi the Services or
‘give preference to persons on
the basis of religion;

i, twill not provide religious
Instruction, conduct religious
‘worship oF services, or engage in
religious proselytizing, nor.
Unless otherwise exoressly
allowed by law, wil it provide
religious counseling or exert
jther religious influence in the
provision of the Services,

It this Agreement is any type of
‘agreement other than a Line-ltem-
Services Agreement, the Contractor
‘warrants that itis not a Pervasively
Sectarian Organization,

the Contractor is a Pervasively
Sectar‘ar Organization, then Contractor
warrants that it will not use any funds
received under this Agreement for any
‘general purposes of the Contractor, and
{hat it wil return to the City any such
funds not spent by ton the Services,
‘promptly upon completion of the

‘Terms ang Conditions «Page 7 of 2

Services or termination of this
Agreement in accordance with its terms,
whichever occurs eater

E. Ifthe Contractor is a Retigiously
‘Affiiated Organization and it receives
funds under this Agreement for
‘construction, rehabiltation or facility
enhancements Improvements") of
premises, the Contractor warrants that
the premises will be used for wholly
‘secular purposes and that if, during the
useful fe ofthe Improvements, the
premises are ever used for any religious
purposes by the Contractor, its
Successors or assigns, the Contractor
wil reimburse the City forthe present
value of the improvements, up to the
‘amount of funds provided by the City for
the improvements

‘The Contractors breach of any of the
warranties described in this Section
‘2.1. in addition to any other remedies
‘avaliable at law. in equity or under this
‘Agreement, entites the City to void this
‘Agreement and recapture all funds
{given to the Contractor under this
‘Agreement

3.42 DRUG-FREE WORKPLACE

‘The Contractor must administer a policy
designed 10 ensure that the program facilis
free from the ilegal use, possession, or
<striution of crags oF sleonol by its
benefcianes. The Contactor must further
maintain a drug ree workplace in accordance
wit the requirements ofthe rug Free
Workplace Act of 1988 (Pub. L. 100-650 and
24 CFR. Part 24, Subpart F), and the Illinois
Drug Free Workplace Act (30 ILCS 880/1 et
324,) and must implement specific policies and
gudeines as may be adopleg by he Gly. In
‘2ddtion, the Contractor must execute

{ies Form eT Be used Only Fr Otegate Agency Agreements Funded Wholly Trough The Unie Salas parma OF
Hodsing an Urban Developments Cammunty Grveepnan Black Gra Progran [vex XD) (Reviaed 1/2382).
certifications pursuant to the Drug Free
Workplace Act of 1988, as may be requested
by the Department.

Contractor wil establish procedures and
polices to promote a drug free workplace.
Further, Contractor will notify all employees of
Its policy for maintaining @ drug tree workplace,
and the penalties that may be imposed for drug
‘abuse violations occurring in the workplace
‘The Contractor will notify the City if any of ts
‘employees are convicted of a criminal 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 pubic
announcement with respect to the
Services without the prior written
approval ofthe City. The Contractor will
‘conspicuously acknowledge the co-
sponsorship ofthe City on all
‘promotional materials including, but not
limited to, brochures, fyers, writen or
electronic public notices, news releases,
public service announcements,
‘acknowiedgments at any special events
intended to promote the Services, or
Solicitation ofthe private sector. The
Contractor wil not attribute any
statement to the City without the Citys
Prior written approval.

All reports, maps and other documents,
‘Completed as part of this Agreement,
‘ther than documents exclusively for
intemal use within the City, wll contain
{he following information in a
‘conspicuous place on the front of the
report, map or document:

1. the name of the City of Chicago:

Terms and Conditions «Page 8 of 23,

the month and year of
preparation; and

1, the name of the project,

B. Also, if the Contractor is expending
federal funds under this Agreement, the
Contractor, when issuing statements,
press releases, requests f0° proposals,
bid solicitations, and other documents
describing projects or programs funded
in whole or in part with federal money,
will early state:

1. the percentage ofthe total cots
Cf the program or project wnich
will be financed with federal
money,

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

lil, the percentage and dolar
‘amount of the total costs ofthe
Droject or program that wil be
Tinanced by nongovernmental
sources.

Such statement must not represent or
‘suggest in any way that the views
‘expressed are those of the federal
goverment.
ARTICLE 4
DOCUMENTATION
4.1. _ REPCRTING REQUIREMENTS
‘The City wll set forth the specifi reporting

requirements, if any, in the Scope of Services
(Work Program) attached as Exhibit 6.

This Farm Tobe Uses Ony For Onagne Agency Agreements Funda Wheby Through The Und Sais Department Of
‘tang And Ursus Onvlopmats Commany Deveogmes Bac: Gran Program Wet 2008) (Ravens Te2a03,
42 RECORDS

The Contractor wil maintain and make
‘avaliable tothe City information such as, but
‘ot limited t, dates of and reports or
memoranda describing the Contractor's
actives that is necessary to assist the City in
Its compliance with all applicable laws, The
‘Contractor will maintain ali documents
pertaining to this Agreement including, but not
limited to, all financial, statistical, propery ang
Participant information documentation,

‘The Contractor will retain books,
documentation, papers, records and accounts
In connection with this Agreement in a safe
place for at least § years after the City and, i
applicable, the federal government determines
that the Contractor has met all closeout
requirements for this Agreement, and wall keep
them open to audit, inspection, copying,
abstracting and transcription, and wil make
these records available tothe City, the United
States Comptroller General or the Auditor
General of the State of Ilinois at reasonable
times during the performance ofits Services.

\t Contractor conducts any business operations.
‘separate from the Services using any
personnel, equipment. supplies or facilites also
sed in connection with this Agreement, then
Contractor will maintain and make available to
the City the U.S. Comptroller General and
‘Auditor General ofthe State of ilinois detailed
records supporting Contractor's allocation of
the costs ang expenses attributable to any such
‘shared usages.

The Contractor will maintain books, records,
‘and documents, and will adopt accounting
Procedures and practices sufficient o reflect
property all costs of whatever nature claimed to
hhave been incurred and anticipated to be
!ncurted for or in connection with the
Performance of this Agreement. This system of
‘accounting must be in accordance with

‘Ferm

123

‘Terms and Conditions - Pag

generally accepted federal accounting
‘pnncipies and practices, as set forth im the
‘applicable OMB Circulars A21, A-B7, A-102,
A110, A122 and A133.

The Contractors failure to maintain any books,
records and supporting documents required by
this Section wil establish a presumption in
favor ofthe City for the recovery of any funds
‘aid under this Agreement for which adequate
ooks, records, and supporting documentation
are not available to support their purported
disbursement.

‘No provision in this Agreement granting the City
right of access to records and documents
iempairs, limits or affects any right of access to
‘such records and documents that the City
would have had in the absence of such
provsions.

43° AUDITREQUIREMENT

lt tne Contractor is a not-for-profit corporation
and is expending federal funds under this and
‘other agreements totaling $300,000 or more
during its fiscal year, it must submit an audit
conducted in accordance with OMB Circular A-
133 (ented "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 audit is required, that audit must cover
the time period specified by OMB Circular A-
133 and its implementing regulations.
Organization-wide audited financial statements
rust, at 2 minimum, cover the Term of this
Agreement

Ifthe Contractor is a for-proft entity, then itis
subject to the annual aucit requirements under
generally accepted government auditing
standards (Government Auditing Standards)
romuigated by the Comptroller General of the
United States (for-profit entities).

0 Be Uses On For Oeiwaate Agony Agreements Funged Woy Trough The United States Department Of

‘ting Ane Uren Deveopments Communty Oveopnan Black Sra Program (Yeu D) (Revised 1/2982).
‘The Contractor acknowledges thatthe City may
perform, or cause to be performed, vanous
‘monitoring procedures relating tothe
Contractors award(s) of federal funds,
including, but not limited to, “imites scope
‘udits" of specific compliance areas.

‘The Contractor must submit the audit reports
within 6 months after the end of the audit
period. The Contractor must submit the audit,
Within this time frame, to the Department ang
iS

Cty Department of Finance
Intemal Audit

‘Audit Compliance Unit

33 North LaSalle Street, Room 800
‘Chicago, iinols 60602.

lt an OMB audits required, the Contractor will
also send a copy of the audit, within the same
time frame indicated in Sec. 320 of OMB
Cireular A133, t:

Federal Audit Clearinghouse
Bureau of the Census

1201 E, 10th Street
Jettersonvile, IN 47132

Further, the Contractor must submit, withthe
‘audit, a report which comments on the findings
‘and recommendations in the audit including
corrective action planned or taken if no action
is planned or taken, an explanation must be
Included. Copies of written communications on
on-material compliance findings must be
‘submited to the Department and the City
Deparment of Finance.

‘The City retains its right to indaperst =
the Contractor.

Ifthe Contractor is found in non-compliance
with these audit requirements, by either the Cty
‘any federal agency. the Contractor may be
required to refuns financial ass

Terms and Conditions - Page 10 of 23

from the City or the applicable federal
agencyiies).

44 CONFIDENTIALITY

‘All 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
‘aw, the reports, deliverables and documents
will not be made available to any other
individual or organization without the prior
written consent of the Commissioner of the
Department (Commissioner). The Contractor
willimpiement measures to ensure that its staff
and its subcontractors will be bound by this
Section,

The Contractor wil not issue any publicity news
releases or grant press interviews, and except
‘as may be required by law during or after the
performance of this Agreement, disseminate
‘any information regarding its Services or the
Project to which the Services pertain without the
prior written consent of the Commissioner.

When the Contractor is presented with a
fequest for documents by any administrative
‘agency or with a gubponna 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 to the Commissioner
‘and the City's Corporation Counsel with the
Understanding that the City will have the
‘opportunity to contest such process by any
‘means available to it, before such records or
ocumenis are submitted to a court or other
third party. The Contractor will not be obligated
to withhold such delivery beyond that time as
may be ordered by the court or administrative
‘agency, unless the subpoena or request is
‘Quashed othe time to produce is otherwise
extended.

‘Th Fo To Benes Ony For Osage Agency Agrerenta Funded Wholly Through The Unie Saas Department Of
oUsing Ane Urban Deveopments Cammanty Development Block Gran Progam (Yer 0) faves 02502),
‘To the extent not defined here, the capitalized
terms in Exnibit A-1.3 wil have the same
meaning 2s set forth in the Health insurance
Portability and Accountabilty Act (Act). See 45
CER parts 160 and 164. Contractor and all its
subcontractors must comply withthe Act and all
rules and regulations applicable to it including
the Prvacy Rule, which sets forth the
‘Standards for Privacy of individually Identifiable
Health Information 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

‘Additionally i Contractoris a Business Associate
it must comply with all requirements of the Act
applicable to Business Associates including the
Provisions contained in Exhibit 1.3.

If the Contractor falls to comply with the
‘plicable provisions under the Act, such failures
wil constitute an event of default under this
‘Agreement for which no opportunity for cure will
bbe provides.

45 MONITORING
‘The Contractor wil alow the Cty:

A. to have access at all times to ll facilities
Supported under this Agreement
whenever requested by appropriate staff
‘members ofthe City,

1B. to have access at all tmes to all stat
supported under this Agreement
whenever requested;

to make ohysical insnections of the
Premises used by the Contractor in the
Performance of the Services and to
require such physical safeguards to
safeguard the propery andlor equpment
authorized including, but not limited to,
requinng locks, alarms, safes, fre
extinguishers and sprinkler systems, and

Terms and Concitions - Page 11 of 23

D. tobe present atany and all meetings held
by the Contractor, including, but not
limites 10, staff meetings, board of
directors meetings, advisory committee
meetings and advisory board meetings, if
{an item relating to this Agreement sto be
discussed

‘The Contractor will make staff avaiable on 2
fegular basis at meetings convened by the
Department, for the purpose of, but not imited to,
‘making presentations, answering questions, and
‘addressing issues related to the Services. The
Contractor's chie! executive officer, oF their
designee, wil participate in all delegate agency
conferences.

‘The Contractor wil respond within 2 weeks io

Questionnaires, if any, regarding demographics,
staff, quality, etc, from the Department.

Nothing in this Agreement will be construed as
restricting oF otherwise limiting the rights of the
Cty toward the appropriate management ofthis
‘program.

4.6 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 purpose:

work developed under thi
Agreement; and

i. any rights of copyright or patent to
which the Contractor purchases
‘ownership with the funds awarded
pursuant to this Agreement,

‘Tu Fam i Toe Used On For Daagte Agency Agrenmarts Funded Wally Through Tha Unite States Depart O1
‘ousng And Urban Crveopments Canmunty velopment lock Gran! Program (Yeu XD) (Renae 132502)
It the federal goverment determines that
{patent or copyright which is developed
‘or purchased by the Contractor serves 2
federal government purpose, a royalty-
free, non-exclusive and irrevocable
license will vest in the federal
‘government.

‘Any discovery or invention arising out of,
‘F developed in conjunction with the
Services wil be prompty and fully
Teported to federal goverment for a
termination as to whether patent
‘protection on such invention or discovery
should be sought. The rights to such
Patent will be administered as set forth
above and in 37 C.F.R. Part 401

‘Qunership of Documents

All required submittais, including but not
limited to work products, mate‘als,
‘documents, and reports if any. described
in Exhibit B, willbe the prop <y of the
Gity. During the performance of the
Services, the Contractor will be
responsible for any loss or damage to the
documents while they are in. its
possession and any such document lost
‘or damaged will be restored at the
expense of the Contractor. If not
restorable, the Contractor will be
responsible for any loss suffered by the
City on account of such destruction. Full
‘access to all finished or unfinished
documents, data, studies and reports to
bbe prepared by Contractor hereunder
<uring the performance of Services willbe
‘avaiable to the City during normal
business hours upon reasonable notice

Hold Harmless
Uniess prohibited by state law. upon
request by the Federal government,
Contractor wil indemnity, save, and hokd
harmless the City and its officers, agents,
and empioyees acting within ne Scope of

‘Terms and Conditions - Page 12 of 23

their offical duties against any lability,
inclucing costs and expenses, resulting
{rom any wilful or intentional violation by
the Contractor of proprietary rights.
patents, copyrights, or nights of privacy,
ising Out ofthe publication, translation,
reproduction, delivery, use, or disposition
‘of any material or data produced under
the Agreement

ARTICLE 5
COMPENSATION

5.1. BASIS OF PAYMENT

The Contractor wil be compensated for Services
performed and/or costs expended pursuant the
Budget Summary contained in ExnibitC, which is
attached and incorporated by reference.

5.2 METHOD OF PAYMENT

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

The requests for reimbursement and supporting
documents wil be sent to the Department's
Mailing Address noted in this Agreement’s
Preamble

‘The Contractor waves all ights to paymentif the
request forreimburserent is submitted later than
45 calendar days following the termination or
completion of this Agreement. Costs incurred by
the Contractor after the expiration date or after
fearier termination of this Agreement will not be
aid by the Cay,

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lock Gran Program (Ye X28 Resse 02302)
5.3. REDUCTION OF COMPENSATION

If, after this Agreement is signed, anticipated
federal andior state funding is reduced for any
reason, then the City reserves the night upon
written notice to the Contractor to reduce or
‘modify the amount of the 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 th
City, no funds willbe available to compensate the
Contractor under this Agreement, then the City
will provide notice of such occurence to the
Contractor. The notice will constitute notice of
Early Termination in accordance with this
‘Agreement.

It, pursuant to @ reduction in federal andlor state
funding, the City reduces te compensation tobe
aid to tne Contractor under tis Agreement, the
‘Contractor will have 30 calendar days, from the
Gate ofthe receipt ofthe written notice, to submit
2 revised work program, budget or any other
necessary document (Revised Submits") to
the City. reflecting the reducton in the
compensaton and accordingly modifying the
Services tobe performed. The City wil have the
discreton to modly the Revised Submitals as it
may deem appropriate in order to realize the
goals ofthe Agreement. The Revised Submittals
‘wilbe reviewed by the Chie! Procurement Officer
‘and the Citys Office of Budget and Management
{and upon their final approval will come a part
of this Agreement superseding the previous
ocuments

5.4 ALLOWABLE COSTS

All costs alowed by he City Comptroller's Office,
‘3:8 fot considered final and may be disallowed
‘upon the completion of audits ordered or
performed by the City oF the appropriate federal
Cr state agency. In the event of a disallowance,
the Contractor wil refund the amount disallowed
to the Ci,

Terms and Conditions - Page 13 of 23
5.5. ADVANCES OF FUNDS

“The Contractor may request an advance of funcs
‘and, atthe Cty's sole discretion, may receive up
to248 calendar day operating advance, provided
the advance meets all federal, state and City
‘requirements for funding under this Agreement
‘All advances will be liquidated prior to the end of
the contract period in a manner specified by the
City

ARTICLE 6
NON-SOLICITATION

‘The Contractor warrants and represents that the
Contractor has not employed any person solely
{for the purpose of soliciting or procuring this
‘Agreement, and has not made, and will rot
‘make, any’ payment or any agreement for the
Payment of any commission, percentages
brokerage, contingent fee or other compensation
Jn connection with the procurement of this
‘Agreement.

ARTICLE 7
DISPUTES

Except as otherwise provided in this Agreement.
the Contractor othe City wil in writing, bring any
dispute conceming a question of fact arising
under this Agreement, to the Chie! Procurement
Officer for decision. ' The Chief Procurement
Officer wil issue @ written decision and mail or
‘otherwise fumish a copy of it to the Contractor.
‘The decision ofthe Chief Procurement Otficer is
final and binding upon the parties. A copy of the
“Regulations of the Department of Procurement
Services for Resolution of Disputes between
Contractors and the City of Chicago” is available
in ty Has, 121 N, LaSalle, Room 301, Bid and
Bond Room,

ARTICLE 8
FAULT t

8.1 EVENTS OF DEFAULT DEFINED

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Housing Ane roan Beveopnest'sGommenty Sevelebnant ack Grant Program fear X30) Renaad 0232)
‘The following will constitute events of default:

‘A. Any material misrepresentation, whether
negligent or wilful and whether in the
inducement or in the performance, made
by the Contractor to the City

B. Any material failure by the Contractor to
perform any of its obligations under this
Agreement including, But not limited to,
the following:

1. Failure to perform the Services
with sufficient personnel and
equipment or with sufficient
material to ensure the
performance of the Services due
10a reason or crcumstances
within Contractor's reasonable
controt;

4, Failure to perform the Services in
‘manner satisfactory to the City,
Cr inablty to perform the Services
satisfactorty. asa result. of
insolvency, fling for bankruptcy or
assignment for the benefit of
creditors;

iil, Failure to promptly re-pertorn
within @ reasonable time Services
that were rejected as erroneous.
orunsatisfactory,

|v, Discontinuance of the Services for
reasons oF circumstances within
Contractors reasonable control;
and

¥. Failure to comply with a niatenai
term or condition of this
‘Agreement including, but not
limited to, the provisions
concerning insurance and
rnondiscrimination,

‘Terms and Conditions - Page 14 of 23

©. The Contractors default under any other
agreement it may presently have or may
enter into withthe City during ie Term of
this Agreement. The Contractor consents
that in the event of a default under this
‘Agreement, the City may also deciare a
Cefault under any other agreements win
the City.

2 REMEDIES

Upon the City's determination that an event of
default has occurred, the City wil give notice of
‘Such occurrence to the Contractor in accordance
withthe terms and conditions of this Agreement
(Cure Notice’). Ifthe Contractor falls to cure the
‘event of default within 30 calendar days after the
Cure Notice is given, or if the Contractor has
falled, in the sole opinion 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 City, deciare the
Contractor to bein defauit under this Agreement.
The decision to deciare the Contractor to be in
ofault is within the sole discretion of the Chief
Procurement Officer, the decision is final and
binding upon the Contractor, and neither that
decision nor the factual basis for it is subject to
review or challenge.

It the Chiet Procurement Officer determines that
tne Contractors in default under this Agreement.
written notification ofthis determination "Default
Notice") will be provided to the Contractor, and
the Defauit Notice will inciude notice of the
decision of the Chief Procurement Officer to
terminate this Agreement, if that is his such
decision. Upon the City’s giving the Default
Notice, the Contractor will discontinue any
services, unless otherwise directed in the notice,
‘and will deliver all materials accumulated in the
performance of this Agreement, whether
compieted or in the process, 1o the City
Following or at the same time as the Default

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Notice, the City may invoke any or all of the
following remedies:

A. The right o take over and complete the
Services or any part of them as agent for
and at the cost of the Contractor, either
<irectly or through others. The Contractor
vill have, in that event, the right to offset
from the cost the amount i would have
cost the City under the terms and
Conditions of this Agreement, had the
Contractor completed the Services;

B. The right to terminate this Agreement as
to any oF all of the Services yet to be
performed effective ata time specified by
the City:

©. The right of specific performance, an
injunction or any other appropriate
‘equitable remedy against the Contractor,

D. The right to money vamages;

The right to withhold all or any part ofthe
Contractors compensation; and

F. The ight to deem the def, ting
Contractor non-esponsible in future
Contracts to be awarded by the City,

If the City considers it to be in the City’s best
interests, it may elect not to declare default or to
terminate the Agreement. The parties
_acknowiedge that ths provision is solely for the
benefit 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 its
responsiblites, duties oF obligations under this
‘Agreement nor wil he City waive or relinquish
any of its rights

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

‘Terms and Conditions - Page 18 of 23

every such remedy is cumulative and is
‘adziton to any other remedies, existing now oF
ter, at law, in equity or by statute. No delay or
‘omission to exercse any right or power accruing
‘upon any event of default will impair any such
right or power nor wil itbe construed as a waiver
‘of any event of default or acquiescence init, and
‘every such right and power may be exercised
{rom time to time and as often as the City deems
expedient

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

‘A. inconnection with performance under this
‘Agreement, the Cty may offset any
excess cosis incurred:

(0 ifthe City terminates this Agreement
{for default or any other reason resulting
from the Contractors performance or
‘non-performance;

() if the City exercises any of its
remedies under Section 82 of
this Agreement; or

(ifthe City has any credits due or
has made any overpayments
under this Agreement.

‘The City may oftset these excess costs
by use of any payment cue for Services
completed before the City terminated this
‘Agreement or before the City exercised
any remedies. If the amount offset is
insufficent to cover those excess costs.
the Contractor is lable for and musi
‘promptly remit to the City the"baiarice
Upon written demand for t. This night to
offset isin addition to and not alimtation
of any other remedies available to the
Cay.

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‘ousng An Urban Devopment'sCommnty Deetonnent Bich rant Progam (eur 2X) (Revie 172582
B. In connection with Section 2-62-380 of
the Municipal Code of Chicago and in
‘addition to any other rights and remedies
(including any of set-off availabe to the
City under this Agreement or permited at
Jaw or in equity, the City is entied to set
Off a portion of the price or compensation
due under this Agreement in an amount
equal to the amount of the fines and
penalties for eac outstanding parking
Violation complaint andlor the amount of
any debt owed by the Contractor to the
City, as those terms are defined in
‘Section 2-92-380,

. Without breaching this Agreement, the
City may set off @ portion of the price or
‘compensation due under this Agreement
in an amount equal to the amount of any
liquidated or unliquidated claims that the
City has against the Contractor unrelated
to this Agreement. When the Citys
‘claims against the Contractor are finally
‘adjudicated ina court of competent
Jurisciction or otherwise resolved, the Cty
will reimburse tne Contractor othe extert
of the amount the City has offset against
this Agreement inconestenty wih the

mination oF resolution

84 SUSPENSION OF SERVICES

‘The City may, at any time, request that
Contractor suspend the Services, or any part of
them, by giving 15 calendar days prior written
‘notice to the Contractor or upon no notice in the
event of emergency. No costs incurred after the
‘effective date of the suspension willbe allowed.
‘The Contractor wil promptly resume its
Performance of uie Services under the same
terms and conditions upon written notice by the
Chief Procurement Officer and such equtable
extension of time as may be mutually agreed
upon by the Chief Procurement Officer and the
Contractor when necessary for continuation or
completion ofthe Services Any adcibonal costs

Terms and Conditions - Page 16 of 25

or expenses actually incurred by Contractor as a
resuit of recommencing the Services wil be
treated in accordance with this Agreement.

No suspension wil, in the aggregate. exceed
period of 45 calendar days within any one
‘contract year. If the total number of days of
‘suspension exceeds 45 calendar days, the
Contractor, by written notice tothe City, may treat
the suspension as an Early Termination by the
City

1&5 NO DAMAGES FOR DELAY

Neither Contractor nor Contractors agents,
employees, and subcontractors are entiled 10
any damages from the City, nor is any party
‘ented to be reimbursed 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 or not caused by the City. On Notice to
the City of a delay outside Contractor's control,
Contractor may request additional time

complete its performance. The decision to gra
additional time is in the sole and absolute
discretion of the Chief Procurement Otficer.

ARTICLE 9
GENERAL CONDITIONS

91 WARRANTIES
REPRESENTATIONS

Jn connection with the execution of this
‘Agreement, the Contractor:

AND

‘A warrants thatit is financially solvent; that
it and each of its emoloyees, agents,
subcontractors of ahy ter are competent
to perform the Services; that itis legally
authorized to execute and perform the
Services; and

warrants that no officer, agent or
temployee of the Ciy is employed by the

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ovaing And Urban Devecome's Commun Orvelopmart Bick Grant Program (Yer XD (Revised 1/232
Contractor or has @ financial interest
<irectly or indirectly in this Agreement or
the compensation to be paid, except
‘may be permittes in waiting by the City’
Board of Ethics; hat no payment, gratuity
or offer of employment willbe made by of
‘on behaif of any subcontractors of any
tier, as an inducement for the award of &
subcontract or order; the Contractor
‘acknowledges that any agreement
entered into, negotiated or performed in
Violation of any ofthe provisions of City of
Chicago's Ethics Ordinance, Municipal
Code § 2-156 ef seq. is voidable by the
ity; in accordance with 41 U.S.C. § 22,
the Contractor must not admit any
member of or delegate to the United
‘States Congress to any share or part of
the Services or the Agreement, or any
Denefit derived therefrom; and

warrants that twill not knowingly use the
services of any ineligible subcontractor or
Contractor for any purpose in the
performance ofits Services: and

warrants that t and its subcontractors are
‘ot in default a the time of the execution
of this Agreement, or deemed by the
(Chief Procurement Officer tohave, within
5S years immediately preceding the date of
this Agreement, Deen found to be in
defauit on any contract awarded by the
City: and

warrants that i has carefully examined
and analyzed the provisions _ and
‘requirements of this Agreement: that it
urdesstands the nature of the Services
‘required; that fom ts own analysis i has
Salised itself as tothe nature ofa things
needed for the performance of ths
Agreement, the general and special
conditions, and all ter matters which in
any way may affect this Agreement or ts
Performance; thatthe time avaiabe tot

‘Ds For ie To Be Usd Only Fr Onagate Agancy Agreements Funded Why Tough The Unites

Terms and Conditions - Page 17 of 23

for such examination, analysis, and
preparation was adequate; that it was
permitted access to any person or
Information in connection with its
preparation of the proposal; and

warrants that performance of this
Agreement is feasible and that the
Contractor can and will perform, or cause
to be performed, the Services in strict
‘accordance with this Agreement; and

G. represents that it and, to the dest of its
knowedge, its subcontractors are not in
Violation ofthe provisions of Section 2-02-
320 of the Municipal Code, the ilinois
Criminal Code, 720 ILCS S/33E-1 etsea.
and the llinois Municipal Code, 65 ILCS
S111-42.4-4

9.2 INSPECTOR GENERAL

Ik wil be the duty of any bidder. proposer, or
‘contractor, subcortracter, and every applicant for
certiicaton of eigbilty 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 hearing undertaken pursuant 10
Chaptor 2-56 of the Municpal Code; that the
Contractor understands and wil abide by all
provisions of Chapter 2-56 ofthe Municipal Code
fand that wil inform Subcontractors of this
rovsion and requie their compliance.

9.3. WHOt - ASREEMENTANTEGRATION
‘This Agreement, including attached Exhibit A
through Exhibit E or Exhibit F. depending on
whether 2 construction or rehabiitation project is
invoWved, constitutes the entire agreement
Detween the parties, and no warrantes,
representations, inducements, consideratons,

Department OF

‘Houaig ane Urban Onvlopments Commonly Develepment Boch Aran Program Ye XB) (Rens 1/232).
promises or other inferences will be implieg that
‘are not expressly stated in the Agreement. No
vanaton or amendmentof this Agreement and no
waiver ofits provisions are valid unless in writing
‘and signed by duly authorized officers of the
Contractor and tne City. This Agreement
supersedes all other agreements between the
Contractor and the City.

94 MODIFICATIONS AND AMENDMENTS.

arges ofthis Agreement, of
any part of it are effective uniess in writing and
signed by the Contractor and the City, or their
respective successors and assigns.

SS COMPLIANCE WITH ALL LAWS.

‘The Contractor will comply with all applicable
laws, ordinances and executive orders and
raguiations 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 disabilties or
environmentally imited persons including, butnot
limited to: the Americans with Disabilties Act of
1990, 42 US.C. § 12101 gt sea; and the
Rehabiliation Actof 1873, 29 U.S.C. §§ 793-794
In the event the above cited standards are
inconsistent, the Contractor wil comply with the
standard providing greater accessibilty

7 NO FEDERAL OR STATE
‘OBLIGATIONS TO THIRD PARTIES

The Contractor acknowledges that, absent the
‘express wntten consent of the federal
goverment and the State of llinis, the State of
Minors and the federal government will not be
su" ect to any obligatons or labllties to any

Terms and Conditions

Person not a party to the grant agreement
between the City and the State of Ilinois or
between the City and the federal government
Notwithstanding any concurrence provided by the
State of Ilinois oF federal government in or
approval of any solcitation, agreement, or
contract, the State of linois and federal
‘government continue to have no obligations or
liabilities to any party, including the Contractor.
9.8 NON-LIABILITY OF PUBLIC OFFICIALS
‘No official, employee or agent of the City will be
ccharged personally by the Contractor, or by any
assignee or Subcontractor ofthe Contractor, with
any labilty or expenses of defense or be held
personally Habe tothe Contractor under any term
‘F condition of this Agreement, because of the
Citys execution oF attempted execution, or
because of any breach.

9.9 INDEPENDENT CONTRACTOR

‘This Agreement is not intended to and wil not
constitute, create, give rise to, oF otherwise
recognize a joint venture, partnership, corporation
or other formal business association or
‘organization of any kind between the partes, anc
the rights, and the obligations of the parties will
be only those expressly set forth in this
‘Agreement. The Contractor will perform under
{his Agreement as an independent contractor to
the Gity and not as a representative, employee,
‘agent, or partner of the City.

9.10 INTERNATIONAL ANTI-BOYCOTT

Contractor certifies that neither the Contractor
ror any substantially owned affliate company of
ime Contractors participating or wil participate in
‘an international boycott, as defined by the
Drovisions of the U.S. Export Administration Act
of 1979 oF its enabling regulations.

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9.11 JOINT AND SEVERAL LIABILITY

Inthe event that the Contractor, orts successors
oF assigns, is comprised of more than one
person, then every obligation or undertaking to
be futiled or performed by the Contractor wil be
the joint and several obigation or undertaking of
leach such person.

9.12 PROOF OF BUSINESS FORM

Upon request from the City, the Contractor wil
Provide copies of iis iatest aricies of
Incorporation, by-laws and resolutions, or
partnership or joint venture agreement, as
applicable, and evidence of its authority to do
business inthe State of linois, including without
limitation, registrations of assumed names or
limited partnerships and certifications of good
standing with the Secretary of State of lino¥s.

943 DISCLOSURE AFFIDAVIT &
DISCLOSURE OF RETAINED PARTIES.

‘The Contractor wil provide the City with a
Disclosure Affidavit and Disciosure of Retained
Parties, which are attached and
incorporated by reference, and further wilprovide
‘any other affidavits oF certifications as may be
required by federal, state or local law in the
award of public contracts, all to be attached
Under Exhibit D and incorporated by reference.
‘The Contractor will cause its subcontractors or,
partnership or joint venture, al members ofthe
partnership or joint venture, to submit all required
affidavits to the City.

44 CONFLICT OF INTEREST

No member of the governing body of tie iy or
‘other units of government and no other officer,
‘employee, or agent of the City or other unit of
government who exercises. any functions or
esponsibilities in connection with the Services
will ave any personal interest, direct, or indirect,
inthis Agreement. Nomember of or delegate to

wots

Terms and Conditions - Pat

the Congress of the United States or the ilinais
General Assembly and no alderman ofthe City or
Cay employee wil be admitted to any share or
part of tis Agreement or to any nancial benefit
to arise from it

‘The Contractor covenants that it, its officers,
directors and employees. and the officers,
directors and employees of each of ts members
fa joint venture, and its subcontractors
resent have no interest and will acquire no
interest, director indiect, which would conflict 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 f
the City determines that any of Contractors
services for others conflict with the Services,
Contractor will terminate such other services
immediately upon request of the City

In addition tothe conflict of interest requirements
in OMB Circular A-110 and 24 C.FR. 84, no
person who is an employee. agent, Contractor,
officer, oF elected or appointed offical of the City
‘and who exercises or has exercised any
functions or responsibilities wih respect to
assisted activites, or who Is in a position to
participate in a decision making process or gain
Inside information with regard to such activites,
may obtain a financial interest or benefit from the
activity, of have an interest in any contract.
subcontract, oF agreement or their proceeds.
either for hinself or herself or for tase whom he
fr she has family or business ties, during his or
her tenure or for 1 year thereafter.

Furthermore the Contractor warrants and
‘epresents thatitis and will remain in compliance
with federal restrictions on lobbying set forth wn
Section 319 of the Department ofthe interior an
Related Agencies Appropriations Act for Fiscal
year 1990, 31 U.S.C. § 1352, and related rules
and regulations set fortn at 54 Fed. Reg. 52.309
(1988), as amended.

‘Ts Form it To Be Une Ony For Delage Agency Agremerta Funded Wholly Through The Une Satan Deparment Of
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In addition, if State of llinois funds are uses for
the Agreement, the Contractor must comply with
the conflict of interest provisions contained in the
itinois Procurement Code ( 30 ILCS $00/50-13)
and other provisions in the llinois Procurement
Code regarding particpation in agreement
Negotiation by @ State employee (30 ILCS
500/80-18),

9.15 COOPERATION WITH CITY

‘The Contractor will cooperate fully withthe City
and act in the Citys best interests. If this
‘Agreements terminated for any reason. ori is
to expire on its own terms and conditions, the
Contractor will make every effort to assure an
orderly transition to another provider of the
Services, if any, orderty demobilization ofits own
‘operations in connection with the Services,
uninterrupted provision of Services during any
transition period and will comply with the
reasonable requests and requirements of the City
in connection wit the termination or expiration of
this Agreement

9.46 WAIVER

"Nothing in this Agreement authorizes the waiver
cof any requirement or condition contrary to law or
‘ordinance or which would resultin or promote the
Violation of any federal, state or local law or
ordinance.

Whenever the City, by a proper authorty, waives.
the Contractors performance in any respect or
wawes a requirement or condition to either the
City’s or the Contractors performance, the waiver
50 granted, whether express or implied, wll oniy
apply to the particular itarce afd will not be
deemed a waiver forever or for subsequent
Instances of the performance, requrement or
Condition. No waiver wil be construed as 2
‘modification of the Agreement regardless of the
‘number of times the City may have waived the
performance, requirement or condition

Terms and Consitions - Page 20 of 23
9.17 GOVERNING LAW

‘This Agreement is governed as to performance
land interpretation in accordance with ihe laws of
the State of ilinois.

9.48 SEVERABILITY

It any provision ofthe Agreement is held to be or
in fact is illegal, inoperative or unenforceable on
its face or as applied in any particular case, in
any jurisdiction (or in all cases Decause
Cconficts with any other provision of this
‘Agreement, or any constitution, statute, municipal
ordinance, rule of law or public policy. or for any
ther reason), that circumstances wil not have
the effect of rendering the provision in question
inoperative or unenforceable in any other case or
circumstance, or of rendering any other provision
of this Agreement legal, invalic. inoperative or
unenforceable to any extent whatever, The
invalidity of any one or more phrases, sentences,
clauses or sections contained in this Agreement
does not affect the remaining portions of this
‘Agreement or any part of it

9.19 INTERPRETATION

‘Any headings in this Agreement are for
Convenience of reference only and do not define
OF limit as provisions. Words importing the
Singular number inciude the plural number and
vice versa, unless the context otherwise
Indicates. Ail references to any exhibit, appendix
fr document include all supplements andior
‘amendments to any such exhibits, appendixes or
documents entered into in accordance with the
terms and condltions of this Agreement. Al
references to any person or entty include any
Person or entity succeeding to the rights, duties,
‘and obligations of the person or entity in
‘accordance with the terms and conditions ofthis
‘Agreement. In the event of any confict between
this Agreement and any exhibits to it the terms,
{and conditions of this Agreement contro.

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920 NONASSIGNABILITY

Contractor will not assign all or any part ofits
‘work oF responsibiities under this Agreement
without the prior written consent of the Chief
Procurement Officer anc the Commissioner. but
‘any such consent will nt relieve Contractor ofits
‘Obligations under this Agreement. Any transfer
orassignment without the prior written consent of
the Chief Procurement Officer constitutes. an
‘event of default under this Agreement and is void
2s to the City. The City reserves the right to
assign, in whole or in par, any funds, caims or
Interests, due or to become due, under this
Agreement.

9.21 CONTRACTOR'S AUTHORITY

Execution ofthis Agreement by the Contractor is
authorized by 2 resolution of ordinance of its
‘governing body. The signature ofthe individual
‘Signing on behalf of the Contractor has been
‘made with complete and full authorty to commit
the Contractor to all the terms and conditions of
ths Agreement. Evidence of signature authority
‘should be forwarded tothe City withthe executed
Agreement

ARTICLE 10
NOTICES

Alinotioes and communications tobe provided by

the City and the Contractor pursuant to this

Agreement must be in writing and may be

delivered personally, by overnight courier or by

First Class certified mail, retum receipt

‘equested, with postage prepaid and addressed
follows:

It tothe city
The Department's Mailing Address Noted
In This Agreement's Preamble

ang
Department of Procurement Services
City Hall, Room 403,

‘Terms and Congitions - Page 21 of 23

121 North LaSalle Street
Chicago, linois 60602
Attention: Chief Procurement Officer

With Copies to:
Department of Law
‘City Hall, Room 600
121 North LaSalle Steet
‘Chicago, linois 60602
‘Attention: Corporation Counsel

It to Contractor:
“The Contractor's Maling Address Noted
In This Agreements Preamble

‘The Contractor will advise the City of any
significant change in its organizatonal structure.
Significant changes include, but are not limited
to, changes to:

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

the officers of the corporation, including
president, chairman, vice president,
treasurer, secretary; and

Seector, ste director. fecal director. anc
site address or agency official address,
telephone numbers.

‘Such communication must be directed within 10
calendar days of such occurence, to the
Department's Malling Address noted in this
Agreement’s Preamble

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

‘Tas Form ls Ts Be Used Ony For Delage Agancy Agreements Funda Wholly Trough The Unite States Ospariment OF
Nousing Ane Urban Deveopmests Conmunsy Development Bick Gram Program Mau" XX Revised 1/2582)
are deemed effective on the next busine
day,

Pursuant to Section 2-156-030(b) of ‘the
Municipal Code ofthe City of Chicago, tis legal
{or any elected official ofthe City, oF any person
‘acting atthe direction of such official, to contact,
‘ther orally or in writing, any other City official or
‘employee with respect to any matier involving
‘any person with whom the elected official has 3
business relationship, or to participate in any
‘discussion n any City Council committee hearing
Cr in any City Counc! meeting oF to vote on any
matter involving the person with whom an lected
official has @ 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 is defined as set forth in
Section 2-156-080 of the Municipal Code of
Chicago.

‘Section 2-156-080 defines @ “business
relationship” as any contractual or other private
business dealing of an official, or his or her
‘spouse, of of any entity in which an official or his:
(oF her spouse has a financial interest, with a
‘person or entity which entities 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: (i)
‘any ownership through purchase at fair market
value or inheritance of less than one percent of
the share of a corporation, or any corporate
susidiary, parent or affiliate thereof, regardless
of the value of or dividends on such shares,
such shares are registered on a securities
‘exchange pursuant to the Securities Exchange
Act of 1934, as amended: (i) the authorized
‘compensation paid to an official or employee for
his office or emoloyment: (il) any economic
benefit provided equally to all resicents of the

Terms and Conditions - Page 22 of 23

City (iv a time or demand deposit in a financiat
institution, or (v) an endowment oF insurance
policy oF annuity contract purchased from an
Ingurance company. A. “contractual or other
private business dealing" shall not include any
employment relationship of an offcia'’s spouse
with an entty when such spouse has no
discretion conceming of input relating to the
relationship between that entity and the City,

ARTICLE 12
LIVING WAGE ORDINANCE

‘Section 2-92-610 of the Municipal Code requires
‘ligble contractors and their subcontractors 10
pay @ ving wage (currently $7.60 per hour
‘minimum base wage) to covered employees
empoyed in the performance of this Agreement
You are an eligible contractor if at any time
during the performance of this Agreement you
have 25 or more fulltime employees. If you are,
cor become, eligible, you and your subcontractors
‘must pay at least the base wage to covered
‘employees. Covered employees are: security
‘guards (but only if you and your subcontractors
‘employ in the aggregate 25 or more of them),
land, in any number, parking attendants, day
laborers, home and health care workers,
‘cashiers, elevator operators, custodial workers
‘and clerical workers. Section 2-62-610 does not
‘apply 10 not-for-profit corporations with federal
501(c)3) tax exempt status. Also, if the work
Deing done under this Agreement is subject to
payment of prevailing wages. and the prevailing
wages are higher than the base wage, then
prevailing wage rates apply and must be paid

ARTICLE 13
CHANGE IN CIRCUMSTANCES:

In event the Contractor, its parent or related
corporate entiy, becomes @ party o-any
litigation, investigation or ransacton that may
reasonably be considered to nave a material
impact on the Contractor's ability o perform

worse,

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‘Terms and Conditions - Page 23 of 23

under ths Agreement, the Contractor must
immediately notty the City in writing

ARTICLE 14
ADDITIONAL AGREEMENT PROVISIONS

‘Additional provisions of this Agreement are
listed in Exhibit, and also in Exhibit F oniy if
‘construction and rehabiltation aciwiies are
involved, which are attached and incorporated
by relerence. All provisions sted in Exhibit's A
ANGE have the same force and effect as if they
had been isted in the body of tis Agreement.

{[The remainder of this page is intentionally left
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1K GRANT PROGRAM

‘At.1 NATIONAL OBJECTIVE

‘The Contractor will perform the Services hereunder in a manner that complies with a criterion for
Rational objectives descrived in 24 C.F.R. § §70.208,

‘41.2. COMPLIANCE WITH COBG REGULATIONS

“The Contractor must comply wth, and certifies that tis in compliance with, al the provisions and
regulations of the CDBG Program, and al related Cty of Chicago, State of linois and United States
‘es, regulations and requirements, including, But not limited othe Housing and Community
Developme t Act of 1974, as amended (42 U'S.C. § 5301 et seq, and implementing reguiations at 24
CEFR. Part $70); Tite Vi ofthe Givi Rights Act of 1964 (42 U.S.C. § 2000d at eq): Civ Righis Act of
1991; Fair Housing Act (42 U.S.C. § 3601 et saa): Executive Order 11063, as amended by Executive
Order 12256; Age Discrimination Act of 1975 (42 U.S.C. § 6101 at eq); Rehabilitation Act of 1973 (20
USS. § 794 et seq,); Davis-Bacon Act, as amended (40 U.S.C. §§ 276a - 2768-5), Contract Work
Hours and Safety Standards Act (40 U.8.C. §§ 327-33 as supplemented by 29 C.F-R. Part § and 29
CER. Part 1926); National Environmental Poicy Act of 1969 (26 C.F.R, Part 58); Clean Ai Act (42
USC. §7401 et seq): Feeral Water Pollution Control Act (Clean Water Act) (33 U'S.C. § 1251 et
1889); Executive Order 11738, and U.S. Enviromental Protection Agency regulations (40 C.F R. Part
418); the Contractor must report all violations and must require all subcorivactors to repost al violations
‘of the Clean Air Act andior the Cigan Water Act tothe City, HUD and the appropriate Regional Office
fof the U'S. Environmental Protection Agency; Flood Disaster Protection Act of 1973 (42 U.S.C. § 4106
121324); Uniform Relocation Assistance and Real Property Acquision Policies Act of 1970 (42 U.S.C.
§ 4801): Executive Order 11246, as amended by Executive Orders 12086 and 11375; Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4821 at saa.) Residential Lead-Based Paint Hazard
Reduction Act of 1982 (Pub. L. 101-550; 42 U.S.C. 485: el seq.) and implementing regulations at 24
GER, Part 35; Executive Order 12372; Copeland “Ant-Kickback” Act (18 U.S.C. § &74 and 40 U.S.C
§ 276(c) as supplemented by 29 C.F.R. Part 3), Federal Far Labor Standards Act (20 U.S.C. § 201 st
{88a the Uniform Administrative Requirements contained in 24 C.F.R. Parts 84 and 85, a8 amended;
Hatz Act 5 U.S.C. §§ 150-08 and 7324-28); Byrd “Ant-Lobbying” Amendment (31 U.S.C. § 1382);
‘mandatory standards and polcies relating to energy efficency whch are contained in the State of
Wingis energy conservatiox ps ed in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163); Program Fraud Civil Remedies Act of 1986, a8 amended, 21 U.S.C. §380 et sea. (in
‘accordance therewith, the Contractor cerifies or affirms the truthfulness and accuracy of any
statement ithas made, makes, o i may make peraining to this Agreement: and Debarment and
Suspension (24 C.F.R. § 85.35 and Executive Orders 12549 and 12686). Additionally, the Contractor
‘must comply with tne applicable provsions of OMB Circulars A-21, A-B7, A-102, A-110, A-122 and A
1133 38 amended, succeeded oF revised

‘Ts Fem a Yo Be Used Only Fer Delegate Agency Agreements Funda Wholly Though The United States Deparment Of
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‘Ac1.3 COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPPA) REQUIREMENTS

2
3
4
5

10. Contractor must provide to Cy or an Individual, in ime and manner designated by City.

1"

Contractor must not use of further disciose Protected Health information ("PHT") other than as
permitted or required by this Agreement or as Required by Law. (itp www hhs goviacr/nypaa/)
Contractor must use appropriate safeguards to prevent the use or disclosure of PHI other than as
provided for in this Agreement

Contractor must mitigate tothe extent practicable any harmful effect that is known to C tractor
of a use or disclosure of PHI by Contractor in violation of the requirements of this Agreement.
‘Contractor must report any use or disclosure of the PHI not provided for by this Agreement to the
iy.

Contractor must ensure that any agent, including a subcontractor, to whom t provides PHI received
‘rom, or created or received by Contractor on behalf ofthe City agrees tothe samme restrictions and
conditions that apply through this Agreement to Contractor with respect to such information,

Hf the Contractor has PH in a Designated Record Set then Contractor must provide access, at the
request of the City, and in the time and manner designated by the City, to PHI in a Designates
Record Set, to City or, as directed by City, to an individual in order to meet the requirements under
45 CFR 164.524

If the Contractor has PHI in 2 Designated Record Set then Contractor must make any
amendments to PHI in a Designated Record Set thatthe City directs or agrees to pursuant to 45
‘CER 164.526 at the request of City or an Individual, and in the time and manner designated by Cty.
Contractor must make internal practices, books and records relating to the use and disciosure of
PHI received from, or created or received by Contractor on behalf of, City available to the City, or
at the request of the Ciy to the Secretary, in a time and manner designated by the City or the
‘Secretary, for purposes of the Secretary determining City's compliance with the Privacy Rule.
Contractor must document the disclosure of PHi and information relating to such disclosures as
would be required for City to respond o a request by an Individual for an accounting of disclosures
(of PHI in accordance with 45 CFR 164.528.

formation

collected which relates to the disclosure of PHI, to permit City to respond to a request by an
Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528,
Contractor must either retum all PH! to the Cty or destroy it, atthe City's option, upon termination
(expiration ofthis Agreement

‘Th Fam To Be Use Ont For Detgate Agency Areuents Funda Whally Through The Une States Deparment Of
‘ounng Ana Urban Onveopments Conmunty Dveepnent roc Grant Program (Ye XX) (Revie 1/2302).
EXHIBITS

‘Tt Form Toe Used On Fer Delegate Agancy Agreements Fundes Wholly Through The Unite Sats Deparment Of
Hovsing ana bnan beveepmants Communsy Bevespmam Block arnt ogra (aw XK) Revane eBIe
CITY OF CHICAGO
‘COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEAR XXIN-2003
WORK PROGRAM AND BUDGET

Department:_HOUSING

Program:_Housing Resource Center _Fax #:__(312) 747-2885
Contact Name-__Marge Bosley _ Phone #:_(312) 747-1669

Part I: Delegate Information

Parent Organization Name:___West Avalon Civie Group. Ine.
Parent Organization Address:_P.O. Box 19886

Parent Organization City, State, Zip:__Chicago, llinois 606 19

Delegate West Avalon Civic Group, Inc.

Site Address:___8046 South Cottage Grove - Suite #106 __

City, State, Zip:_Chicago, Minois 69619

Executive Director.__Elishama Carol

Delegate Contact:__Jacqueline Hawking

Phone (773) 224-8881 Fax #:_(073)_224-7863

Office Hours: M-E 9:00 am 4:00 pam, Program Service Hours: _MLF 9:00 am 4:00 p.m,

Total Budget for this Project (including other share): § 44,197.00.
CDBG Year XXIX Allocation:_$ 31,5000

Contract Period: From __01/01/2003 To _12/31/2003,
Federal Employer Identification Number:_#36= 355871

For ier! Use Only

Log 131

Vendor Code #:__1052032
Service Contract #:__ 97
Fund Department-Onganiation#_03-0067-9212530-0135 _

Part II: Description of Project
Ina clear and concise manner, provide a narrative summary of this CDBG funded project: its scope,
problems addressed, and resulls anticipated, Please do not add additional pages

SCOPE :

The West Avalon Civie Group, Inc. deals with issues that have or will result in the loss of
affordable rental units in the community

PROBLEMS ADDRESSED

Property deteriorating from the lack of financial resources, technical assistance, lack of knowledge
4 10 owner /tenant responsibilities for the preservation of the property

RESULTS ANTICIPATED =

‘West Avalon will coordinate its programs with other delegate agencies, other DOH programs and
‘activities to expand and/or preserve affordable housing. These objectives will be achieved by
providing informational / educational workshops for property owners, landlords and tenants about
their respective responsibilities.

Home maintenance education and hands-on assistance willbe provided to homeowners and tenants

West Avalon will assist with housing expansion and rehabilitation of multi-family properties, and
will develop strategies that will give community residents access to affordable housing in the
community. Provide technical assistance to both owners / renters on financial mars, tax
assessment information, responsibility disputes, etc.

‘Yor XX0X203 CDG Delp War rogram 2
Part III: Monitoring and Evaluation Procedures
A. Describe the methods your agency will employ to evaluate the project’s progress and
record project accomplishments.

1. The project records are updated on a daily basis, as activity occurs for each client.
‘Weekly reports and updates are shared between staff

2. The Board of Directors is given a program update a eact monthly board meeting.
3. Monthly progress reports are submitted to the Department of Housing

4 Internal Evaluations are conducted quarterly, to coincide with Quarterly
‘Accomplishment reports to DOH to monitor progress towards achieving goals

5. WACG maintains separate program files bank accounts, and budgets for tis
program.

'B. Describe how your agency will monitor program expenditures and ensure that
appropriate fiscal controls and records ae in place:

1. A separate account will be used for City funds
2. Two signatures are required on each check
3. Separate ledgers are maintained for different accounts

4. Contracted CPA prepares quarterly financial reports and statements as well as
completes required government tax forms and reports.

5. Anindependent CPA performs the biannual audit

se nmr Ye 300% 2001 C006 Dae Wat Por
Part IV: Auditing Requirements

Is your agency (check only one) ?-_X-notforprofit ‘Cedueation institution
G governmental agency Die. proft

‘A. What is your agency's fiscal year? Janvary to December
B._ When do you intend to conduct an audit on this contract? June of 2003

C. Please is all contacts and grant that your agency anticipates receiving dung the Fiscal
year and please Identify if the source is Federal or Other andthe umount below:

Funding Source
Contract/Grants Federal —Other__—— Total Amount Requested
CDBG fr Housing x $31,500.00

Resource Center

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

partment ‘Department Program DAG Amount Requested
NA

ser unm "Yeu 900%200} CONG Dep Wor Pog
i ®

rng ree roan Bie np ogy 8
sa igi i ‘th ech

Si ahh Sines ive dire
SC Ep eee
ctinens | “mas ees wa]

easy rental hat may ene fom 1 ‘oF buildings dented
ting by worn with ater ee fof rent unis
wners{ I io emt mula)

‘of owseslandlonds contacted

Provide fers, brochures and newsletes on
Oil and oes Cy prope ‘ot beohures and fiers dstbated

Pgs pgm yen, sett
Daman err mr

onouats ‘tonmee
Sostncosins

of fllow-ugs
Provide echnical assstance to,
Iesponsilies, maintenance oP Ope. of landlords owners given ecnce
rowurcen ax sscremeit ee =“

‘of buktngs impacted, eauing renal

‘of renters given techni asesance

of unis proved
of househals benefits

fiambmy weatcrinfon problems Badgel

Yer 20% CORG Pepe Wa ropa
CDBG National Objective/Eligibility Forms

Delegate___West Avalon Crs Group, In
Department Program Housing Resource Center (HRC)
Project Name:_West Avalon Civic Group Housing Resource Center

Eligible CDBG Acuvty:__$70.201 (e) Public Serves
National Objective:

neo RP

“The qualifying National Objective is “Activities Benefiting Low and Moderate Income Persons”. Please check the
box nest othe appropriate underlined erterion listed below Also, any addtuonal instructions im parenthesis

(X] Area BenefIt(LMA) (ill ou all of Form 6 ~ must be 51% or higher)

[1 Limited Clientele LMC)* (Check the appropnate box below)

Service js hmited 0 one or more of the follow resumed by HUD tobe lowmoderate
a income (check only one): ME Tours ey

a evr ha andar
Trew Ohne te tes
= sicgmcs Mga
oscuro ats

oO Records are kept which contain the household size und total household income of clients,
sevapastatetetotanaaba

“cntena No ther feasible way of qualifying te actvay exist if ths box ts
Shecked alls FORM 6 mast be conplesay. ne Nese ews

Department Approval SeLowiMod,
(ust be 70% ore
(OBM Approval
(1) LiMHovsing (LMin*
(1) EiM sobs cunn®

‘Note: All programs which directly benefitaperson/household must compalethe following information during he upcoming yea
1) The total numberof persons/households served: and
2) the total numberof clients which are:

Moderate Income ‘Amencan Indian or Alaskan Nene
Low Income Hispanic

‘White ~ Not Hispanic ‘Asian or Pacific Islander

Black - Female-Head of Household

Yew xxnc 3005 C086 vege Wot Pog °
Forms
Service Area Information

AA. Delegate__West Avalon Cone Group. Ine
'B. Department Program__Housing Resource Center_

. Project Name_West Avalon Civie Group Housing Resource Center
D._ Name and adaress of facility providing the services
‘Ws Aion Co sn Soh Cats Gms Suse 6
Name oft acy Se ‘aes

In what Ward, Community Area, and Census Tract i the fcity providing the services located?

Wet __ oe Communty AmCham (4 cous Yoct_ 08

E. Indicate Program Service Area:
© Thas project wall provide services eltywide to all eligible dividuals
1X Thus project wall pnmarily serve the following Ward(s), Community area(s), and Census trac(s):
wet) 8 Covmuny Ars) A 85.4008
Cena Fre) ub 150,01 09808
‘What are the approximate boundaries ofthe area from which your clients are drawn (specify by street name)?

Nort aesmes ‘Sout_oeeSne
‘ast__siomsand Ave We Come Gove Ange

. Low/Moderate Income Area Census Information
‘Nowe: Complete te chart below only if your acy uli undr he Area Bene Nanoal Objective rf te Cy Depart and te Oice af
Budget and Managers ane deter! he are nd oeston of he arty wlensure therapy of yor hens leo’ snd moderate

tmaccouance wit HUD ere Fm 3)

4, Overall % LowMod (Total ofcolumn 2 Total of column 3): _ $4 %.
Yeo 0008 CDC eps Wore Rogan 10
Form

Survey of Monitoring and Evaluation Procedures
(To be completed by City Department)
‘A. Department___Department of Housing

B, Department Program__Community Programs
. Stain charge of monitoring___Lorta Ross and Lynn Stewart ____ _

‘The purpose of this form is to ensure that monitoring and evaluation procedures are followed by City departments
and by individual subrecipient agencies in monitoring subrecipient projects. A copy should accompany each
‘subrecipient contract,

HUD cautions in its Fraud Information Bulletin that a city which funds subrecipients must always be aware of the
possibility of fraud and abuse by the subrecipients due to poor management orto deliberate violation of the law; of
conflict of interest; or abuses in the contracting process of subrecipients; of false or inadequate documentation of
program accomplishments,

1) Describe the methods that the department will employ o monitor and evaluate ts subreciplent' programs to ensure their
progres and accomplishments, including the frequency of sch monitoring.

“The Department conducts contacting sessions with each CDBG sul-eipint (agency) prior to the execoton ofthe contract. The agency
submis the contacting session checlist documents including bat not united Yo the agency's chart, evdence of SOl-c3 status, evidence
‘of insurance coverage snd crrent wx forms. Technical asstnce is provided yea ound, Ouput measurable o document the
{ccomplishments of natonal objectives must be clealy identified and will be closely meniored by the program sta to ensure services are
rovied tothe low-income communt residents. Fiscal monitoring ste vst include he review of program client snd service files and
‘Records, verificabon of monthly and quarterly program accomplhnent data, personnel management and marketing efor.

2) Describe how the department will monitor subresiplent expenditures.

Program manager are responsible for performing the intial review ofthe submited voucher. Fscl monitoring staf, during site isis,
review additonal epport documents, original canceled checks, and paid invorces to enwur that request for reinbursements submited
to the City were proper and consent wih the level of services provided. Cash recep and disbursement jourals slong with the general
ledger will be reviewed

13) Specify the particular records the subrecpient must maintain and/or submit

‘The subrcipient must maintain at minima the following
1 Separate st of accounting records, cash receipt, and cash disbursements ural ra general joumal that can then be reviewed
‘paint the general ledger for CDBG dollars

'S Documents supporung al quests for payments

© Tax Ses.

4 Atendance sheets and agenda supporting community meetings

‘¢ Handouts diseribted at community meetings

£-Cliemstelephone fogs.

«Files comsamng ll substantiation for monthly and quater reports

1 Chenuproject is

‘Ths Form it Toe Used Ony Fr Detagate Agency Agreements Funded Waly Through Tha Une Stats Deparment Of
ousng And Urban Oevtcpments Gonmunty Deviopmant Bisex Gram Progam (Yeu XX0) (Revaed 1225
Porm 1
Budget Summary

A. Delegate_West Avalon Cri Group, tn FF. Year XXIX-2008 Allacanon_$ 31,500 00
1B. Dept Program Housine Resource Ce G. Vendor Code #_1052732
©. Proyct Name WACG Housing Resource Cents Service Contact ¢_97
D. Department_Depariment of Howsng 1. Fundept!Organizano # 03-0067-0212530.0135
Contract Term, From January 1, 2003 To December 31,2003
4. Projet Budget Summary for Year XXIX - 2003
Note: The entire budget for this project must be shown.
Tire ofesserause "i Accoow# (1 06 snare) [a Over Share) [Gl Tous Com

Personne! 12005, 24.215, °. 24.215

Frage Benaiis 0088 FRET a EAP

‘Operating’ Technical 100 168

Professional and ‘0140 o

Technical Services

‘Matenais and Supplies | 0300. ©.

5
(0400
(0900,
5 Sere Soa
Sines please specity)
TOTAL ste | 91.600

1K. Percentage ofa project cost paid
by Other Share (column 4 ~ cohen $)_ 29

1 pe Ast | Me Gy Aan
inet Lower _vlafe hd yeteaick: Gdamd & Elis hs 5

ohn G_Markowski, Commassioner _

Yee XX 2003 8G Dep Wark rp s
Form 2

Personnel Budget
A. Delegate _West Avalon Cine Gre, Is. . Projet Name _WACG Mooune Resource Center —_
1% Depart Program Housing Resource Center D. Federal impoyerIdentfieation __36 35587
Personnel Budget Allocation for Yea XXIX- 2003
Poon ne] nae | orteespen | coocsme) | roatcan Soar eb Reon
o @ ° a a © o
Pe oor 1p eas vo ais sais Respoasibe forthe planing, admmstaton, monitors.

smplementston, valaton and marketing of walle
resources, Responubiliis also include the da-t-day
royec operations community outreach and pareipaton,
rogram development and office admunistation af
royect,

ha Socal Seay Ta so. sot = oso ime
Sie neoprene eae m0 70 Soo 3% XIE

er

Vw XX 2003 CDG Dee Wo Pog 6
Non-Personnel Budget
*.Defeente West Avalon Civic Group lng

8. Deparment Progrom Housing Resouce Center
D. Now-PesonnelAllctin for Yeat XXIX = 2003

(Project Name_WAQG Housig Resource Center

| senstipenie sewers | SEES | sac a Tr ao

: so sono Space rental 5 9,000
st on 1 ba

Usiiner

Insurance

Meeting renal
Prating/ Advertising
Postage

si

$153,000

Plena Tech Sees oo o 100 Consutants

oat yan won ° wo Cost for materials and supplies requre for workshopsmestings
a ander Cost fr office supplies = paper pens, et

Ofice equipmenvinachines and furnishings.

(6) TOTAL,

‘Yew XX0E 2001 C006 Deeg Wor Popes 7
EXHIBITE
INSURANCE REQUIREMENTS & INSURANCE CERTIFICATE

‘The kinds and amounts of insurance required are as follows.

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

2) Commercial General Lisbilitv (Primary and Umbrella)

Commercial General Liability Insurance or equivalent with limits of not less than $500,000 per occurrence
for bodily injury, personal injury, and property damage lisility. Coverages must include the following: All
premises and operations, products/completed operations, separation of insureds, defense, and contractual
liability (with no limitation endorsement). The City of Chicago isto be named as an additional insured on
4 primary, non-contributory basis for any liability arising directly or indirectly from the work or Services.

3), Automobile Liability (Primary and Umbrella)

‘When any motor vehicles (owned, non-owned and hired) are used in connection with work or Services to
‘be performed, Contractor must provide Automobile Liability Insurance with limits of not less than $300,000

per occurrence for bodily injury and property damage.

4) Professional Liability

Whea any professional consultants perform work or Services in connection with this Agreement,
Professional Liability Insurance covering erors, omissions, or negligent acts, must be maintsined
with limits of nt less than $500,000. Coverage must include contactul liability. When policies
ae renewed o replaced, the policy retroactive date must coincide with or precede, stat of work or
Services on this Agreement. A claims-made policy which isnot renewed or replaced must have an
extended reporting period of 2 years.

5) Medical/Professional Lisility

‘When any medical services are performed in connection with tis Agreement, Medical/Professional Liability
Insurance must be provided to include coverage for error, omissions and negligent acts related to the
rendering or failure to render professional, medical or health services with limits of not less than $500,000.

Coverage must include contractual liability. When polices are renewed or replaced, the policy retroactive

‘Ths Fm ie To Be Used Only For Ontgate Agency Agreements Funded Wily Trough The United States Depart Of
‘wsng And Urban Developments Communsy Deapment Back Gran rogram (eu XX) Revie 102382).
date must coincide with, or precede, start of work or Services on this Agreement. A claims made policy
which is 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 Risk Builders Insurance tocover materials, supplies, equipment, machinery and
fixtures that are part of the structure.

B. Related Requirements
the coverages have an expiration o renewal date occuring during the term of this Agreement, Contractor
‘must furnish renewal certificates tothe Federal Funds Insurance Unit atthe above address. The receipt of
any ceticate does not constitute agreement bythe City thatthe insurance requirements inthis Agree “nt
have been fully met or that the insurance policies indicated on the certificate are in compliance wit
‘Agreement requirements. The failure of the City to obtain certificates or other insurance evidence from
Contractor is not a waiver by the City of any requirements for Contractor to obtain and maintain the
specified coverages. Contractor must advie all insurers ofthe Agreement provisions regarding insurance

Non-conforming insurance does not relieve Contractor of its obligation to provide insurance as specified
here. Nonfulfllment of the insurance conditions may constitute a violation ofthis Agreement, andthe City
retains the right to stop work or Services or terminate this Agreement unl proper evidence of insurance is
provided.

The insurance must provide fr 30 day prior writen notice to be given tothe City inthe event coverage is
‘substantially changed, canceled or non-renewed.

Al deductibles or sef insured retentions on referenced insurance coverages must be borne by Contractor.
‘of Chicago, its employees,

Contractor agrees that insurers waive their rights of subrogation against the Cit
lected officials, agents or representatives.

‘The coverages and limits furnished by Contractor in no way limit Contractor’ 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 to be carried is not limited by any limitations expressed in the indemnification
language in this Agreement or any limitation placed on the indemnity inthis Agreement given as a matter

oflaw

‘hs Form ie To Be Ute Ory For Dalagne Agency Agreements Funded What Though The Unted States Oxparsnnt OF
Neusing And Urban Development's Community Devetoment Bloc Gran rogram Yeu XD) (Revises 107302)