data/data_text/00000B36.pdf.txt

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Contract Summary Sheet

Contract Number: 151

Specifiation Number: GEO

‘Name of Contractor: CHICAGO ROSELAND DEVELOPMENT CORPORATION
City Department and Contact Person: HOUSING-Sonia Medina

Tile of Contract: Homeownership Housing Counseing Center

Term of Contract (startend dates): 1/1/03 12/3/03

‘Number and length of time of any extension options: 2 one vear contract option
extensions

Dollar Amount of Contract (or maximum compensation if a Term Agreement):

$31,500

Brief Description of Work:
Educate clients before purchasing propertv. Help clients to avoid foreclosure by

‘trying to obtain rellef for their situations. Work with financial institutions to make
‘Sure counseling program is successful,

Procurement Services Contact Person:

ise Mann

UNTITLED
Purchase: 151
‘SupplierVendor Code #: 1006364 C—
Maximum Compensation: $ __31,

DELEGATE AGENCY AGREEMENT
BETWEEN
THE CITY OF CHICAGO
DEPARTMENT OF HOUSING

and

CHICAGO ROSELAND DEVELOPMENT CORPORATION 4} /+cC.

(CONTRACTOR)

(©DBG Program
CDA Number -14.218

From JANUARY 1, 2003 TO DECEMBER 31, 2003
[Ris arma Toe Used Gn For Dual own Arent Fd Wnly Praag Tw Unte Sats Oeprmant Of
[bing And chen Developments Gamenuny Developme Block Grant Progra (ar OR) Pviaed Tora)

UNTITLED-002
‘Signed at Chicago, Illinois:

Recommended By:

Leese Mablenee!
Se ma

Chief Procurement Officer

‘This instrument was acknowledged before me on {//iJ/GA (date)by Willie Lonex _(namels of
personis)as Executive Directar (type of authority, e.g, officer, trustee, etc)

Sf chicago Roseland Deselopmant Corposatien_ (name of party on behalf of whom instrument
was execute).

‘in the event that this Agreement is signed by any individual other than the corporate president or the
‘executive director, atach a copy of that section of Corporate By-Laws or other authorization, such as a
‘esolution by the Board of Directors, which permits the individual to sign the Agreement for the
Contractor.

‘his Form ie Toe Used Onty For Delonte Agee Aareoments Funded Whey Trough The United States Deparment OF
‘ousng And Urean Orvlopmants Community Developme Block Gran Program (Yer XX (Revises 1368,

UNTITLED-003
AGREEMENT

‘This Agreement is entered into as of the_1* day of January 2003 , by and between, CHICAGO.
ROSELAND DEVELOPMENT CORPORATION a corporation ("Contractor"), whose mailing address
‘11015 SOUTH MICHIGAN AVENUE, and the CITY OF CHICAGO ("City"), a municipal corporation and
inome rule unit of local government existing under the Constitution ofthe State of Ilinols, acting through
its DEPARTMENT OF HOUSING ("Department’), whose mailing address. is: 318 SOUTH MICHIGAN
AVENUE, at Chicago, linois.

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 ving environment and expanding
‘economic opportunities, principally for persons of low and moderate income.

‘The City Council of Chicago has appropriated CDBG funds to be used for HOMEOWNERSHI
HOUSING COUNSELING CENTER and the City desires to enter into this Agreement to provide such
housing, living environment and economic opportunities.

‘The Contractor represents that it has the professional experience and expertise to provide these
services tothe full satisfaction ofthe City and that itis ready, wiling and able to enter into this
Agreement.

This Agreement will ake effect as of January 1, 2003 and continue through
December 31, 2003 ("Term"), or until the Services are completed or until this Agreement is terminated,
Whichever occurs first. Contractor will comple the Services to the satisfaction of the ity ne later than _

December 31, 2003,

Any payments uncer he Agreement wilde mace ton Fund Nin
land are subject to annual appropriation and availabilty of funds. The maximum compe eater Wet
Contractor may be pald under this Agreement, without an amendment o this Agreement authorizing a
higher amount, is $ 31,500.00 (the “Maximum Compensation").

Now, Therefore, the parties agree a follows:

‘This Form Is To'Be Used Only For Delogate Agency Areements Funded Wholly Through The United States Department Of
oucing And Ursa Oovlopments Community Developme Bick Grant Program (eur XK) Rsvsed 102302)

UNTITLED-004
‘The Background Information is incorporated by
reference.

iS FUN
‘TERM AND FUNDING

24 CONTRACT PERIOD

‘The Term of this Agreement is noted in the
Background Information. Also, the Contractor
ack 8 that in the performance of the
‘Services, TIME IS OF THE ESSENCE.

2.2 PROGRAM FUNDING

‘Any payments under this Agreement willbe made
{rom the Fund Number shown in the Background
Information andis subjectto annual appropriation
‘and avalibilty of funds. The Maximum
Compensation that Contractor may be paid
without an amendment authorizing a higher
‘amount, is noted in the Background Information.

‘The City, in its sole discretion, may reduce the
Maximum Compensation at ‘any time, upon
‘written notice to the Contractor. Upon reduction
Of the Maximum Compensation, the Contractor
will fully cooperate with the City's deobligation
‘andlor reprogramming of funds.

23. EXTENSION OPTION

The Chief Procurement Officer of the City of
Chicago ("Chief Procurement Officer’) may, prior
to this Agreement’s: expiration, extend. this
Agreement for up to 2. additional years, each
period not to exceed 1 year, by writen notice to
the Contractor.

‘Terms and Conditions - Page t of 23
2.4 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. if the
Agreement is terminated by the City, the
Contractor will deliver to the City all 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
bbe 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
Setiement for all Services rendered by the
Contractor.

2.8 CONTRACTOR CONTRIBUTIONS:

‘The Contractor will contribute to the payment of
‘expenses incurred in performing the Services, the
‘amounts, if any, described in Exhibit C. The
‘Contractor's contribution willbe cash or in-kind

2.6 NON-APPROPRIATION *

If no funds or insufficient funds are appropriated
‘and budgeted in any City fiscal period for
‘Payments to be made Under this Agreement, the
iy wil notify Contactor in wring of ‘such
‘occurrence and this Agreement wil trminate on
the earlier ofthe 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 wil be made or due to the Contractor
Under this Agreement beyond those amounts
‘appropriated and budgeted by the Ciy to fund
payments under this Agreement.

‘This oe eT Be Used Ony Fe Dlagte Agency Agreomert Funded Whol Trough The Unie Sut Deparment Of

Nocsing and User Gevepments

Development Blok Grant Program (Yeu 1008 (Revised 102372)

UNTITLED-005
ARTICLES
DUTIES OF THE CONTRACTOR
3.4 SCOPE OF SERVICES
(WORK PROGRAM)

‘The Contractor will cary out the Services
pursuant to the Scope of Services (Work
Program), attached as Exhibit B and
incorporated by reference, and the Budget
‘Summary, attached as Exhibit C and
incorporated by reference, in accordance with
the requirements ofthis Agreement. The
‘Seope of Services (Work Program) is intended
to.be general in nature and is neither 2
complete description of the Contractor's
‘Services nora limitation on the Services which
the Contractor will provide.

3.2. STANDARD OF PERFORMANCE

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

Hf the Contractor fils to comply with the
‘Standard of Performance, the Contractor will
‘continue to perform any Services required by
the City as a result of the failure. This provision
‘in no way limits the City's legal or equitable
rights against the Contractor.

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

IM assignment of personnel is required for the
proper completion of the Services or is
otherwise required by this Agreement, then the
Contractor wil assign immediately and maintain
{or the duration of the Services, a staff of
competent personnel that is fully licenced,
equipped, competent and qualified to perform
the Services, The Contractor wil retain and
make available to the City,state and federal
agencies goveming funds provided under this
‘Agreement, proof of certification or expertise
including, but not imited to, licences, resumes
‘and job descriptions.

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

‘A. Ifthe Contractor's Scope of Services
(Work Program) is solely limited to
social services (including, but not limited
to, jb 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
(of Chicago (the "Municipal Code")
‘Section 2-92-420 et seq.

B. If, however, the Contractor's Scope of
Services (Work Program) includes.
‘onstruction, renovation, rehabilitation
or faclity enhancement, the Contractor
‘must comply with the MBEWBE
Ordinance, except to the extent waived
by the Chief Procurement Officer.

“Tis fmm Yee Und Ony For Dlagta Agency Agreemeris Funded Whol Trough The Und Stang Deparnent Of
‘Recnng hina roe Developments Corman Govecpmet Bloc Grant Program (Vou evans 102302)

UNTITLED-006
“Tis Form a Toe Used Ony For Delage Agency Agreements Funda Woy

NON-DISCRIMINATION

Federal Requirements
In performing the services under this
‘Agreement and in its employment
practices the Contractor must not:

{ail of refuse to hire or discharge
‘any individual, or otherwise
‘discriminate against any
individual with respect to his or
her compensation, or the terms,
Conditions, or privileges of his or
her employment, because of
such individua's race, color,
religion, sex, age, handicap or
rational origin; or

Limit, segregate, or ciassify its
‘employees or applicants for
‘employment in any way that
would deprive or tend to deprive c
any individual of employment
‘opportunities or otherwise
adversely affect the individual's
‘status as an employee, because
of that individuals race, color,
religion, sex, age, handicap or
national origin

In discharging the
responsibilies required by the
terms and conditions of this
‘Agreement, the Contractor wil
‘comply with the Civil Rights Act
of 1964, 42 U.S.C. § 2000 et
09,; Executive Order No.
11246, as amended by
Executive Order No. 11375 and
by Executive Order No. 12086;
the Age Discrimination Act of
1975, 42 US.C. §§ 6101-8108;
Tile IX of the Education
‘Amendments of 1972, as
‘amended (20 U.S.C. 1681-83
‘and 1685-86); the Rehabilitation
‘Act of 1973, 29 U.S.C, §§ 793-

‘Terms and Conditions - Page 3 of 23,

794;, the Americans with
Disabilities Act, 42 U.S.C. §
12101 tseq.,41 CFR. part 60;
and all other applicable federal
statutes, regulations and other
laws.

‘State Requirements

in performing the services under this
‘Agreement, the Contractor will comply
With the linois Human Rights Act, 775
ILCS 5/1-101 et seq., the Public Works
Employment Discrimination Act, 775
ILCS 1010.01 et sea. and any rules and
regulations promulgated thereunder,
including, but not limited to, the Equal
Employment Opportunity Cause, 44 Ii.
‘Admin. Code § 750 Appendix A, and ail
cother applicable state statutes
regulations 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
reports and information as may be
requested from time to time by the
Chicago Commission on Human
Relations,

tractors Reqult
‘The Contractor wil incorporate all of the
provisions set forth in this Section in all
subcontracts entered into with all
suppliers of materials, fumishers of
services, subcontractors of any tier, and
labor organizations which furnish skilled,
Lunskiled and craft union skilled labor, or
wihich may provide any materials, labor
‘oF services in connection with this.
Agreement.

ety Though The Une States Deparomet OF

‘ovsing has Urton Demopment Gommanty Bevopent Bloc Grant Program (aur XXX) Maviaed 102302)

UNTITLED-007
‘The Contractor must caus
‘subcontractors to execute such
certificates as may be necessary in
furtherance of these provisions. Such
Certifications willbe attached and
incorporated by reference in the
‘applicable subcontracts. f any
subcontractor is a partnership or joint
venture, the Contractor will also inciude
provisions in its subcontract insuring
thatthe entities comprising such
partnership or joint venture will be jointy
‘and severally lable for the partnership's
or joint venture's obligations under the
subcontract.

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
CCertficates of Insurance of the required
coverage's prior to this Agreement
‘being fully executed to:

City of Chicago
Comptroller's Office

Federal Funds Insurance Unit
33 North LaSalle Street
Room 800

‘Chicago, tlinois 60602

3.7 INDEMNIFICATION

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

J... injury, death or damage of or to
‘any person or property;

‘Terms and Conditions - Page 4 of 23

Hany infingement or violation of
‘any property right (including any
patent, trademark or copyright)

fil, 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
‘obligations to any Subcontractor:

the City’s exercise of its rights
and remedies under this
‘Agreement; and

¥. injuries to or death of any
‘empioyee of Contractor or any
Subcontractor under any
workers compensation statute,

"Losses" means, individually and
collectively, labltes of every kind,
Including losses, damages and
reasonable costs, payments and
expenses (such as, but not limited to,
‘court casts and reasonable attorneys!
fees and disbursements), claims,
demands, actions, suits, proceedings,
judgments or settlements, any or all of
which in any way arise out of or relate to
the acts or omissions of Contractor, its
‘employees, agents and Subcontractors.

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

“Ti Form Yo Be Une Ony For Delegate Agancy Agrements Funded Whol Traugh The United Sting Dapatment Of
‘Nocing hn Urn Bewopments Communty Development Block Grant Program (Veer X20 Revised 102302).

UNTITLED-008
To the extent permissible by law,
Contractor waives any limits tothe
‘amount of its obigations to indermnty,
<efend or contribute to any sums due
Under any Losses, including any claim
by any employee of Contractor that may
be subject to the Workers
Compensation Act, 820 ILCS 305/1 et
29, or any othe aw or jueal decision
(such as, Kotecki v. Cyclops Welding
Corporation, 146i 24 155 (1991)
‘The City, however, does not waive any
limations it may have on its habilty
Under the linoss Workers
Compensation Act, the linois Pension
Code of any other statute, Contractor's
walver under tis provision, however s
nol intended and does not require
Contractor to indemnity the Cy for the
Citys own negigenceinvelton of the
Construction Contract Indemnification
for Negigence Act (Ant-indemnity
‘Ach, 740 ILCS 35/0.01 sea, the
‘antingernity Act applies.

‘The indemnities contained in this
‘section survive expiration or termination
ofthis Agreement for matters occurring
OF arising during the term of this
‘Agreement or 2s the result of or during
the Contractor's performance of
Services beyond the term. Contractor
acknowledges that the requirements set
{orth in this section to indemnity, keep
ind save harmless and defend the Cty
‘are apart from and not limited by the
Contractor's duties under this
‘Agreement, including the insurance
requirements under Section 38. In the
event that a court or other governmental
authority having competent jurisdiction
determines any portion or provision of
this Section to be inoperative or
Lunenforceable pursuant tothe Ant
Indemnity Act; the inoperative or
‘unenforceable portion or provision wil
bbe deemed severed and deleted: and

Terms and Conditions - Page 5 of 23,

the remaining provisions wit emain
‘enforceable to the maximum extent
permitted by applicable law.

3.8 NON-EXPENDABLE PERSONAL
PROPERTY

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

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

‘All Non-expendable Personal Property will be
the property ofthe City to the extent that such
‘property is not the propery of the federal
goverment or the State of lino,

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

‘The Contractor wil retum all Non-expendable
Personal Property tothe City, upon the
termination of the Services, completion of this
‘Agreement or at any time requested by the
Department. However, upon the receipt of the
final inventory ofall Non-expendable Personal
Property, the City may allow such property 10
‘remain in the possession of the Contractor if
the City in its sole discretion, determines that
the Non-expendable Personal Property is
necessary for the performance of any new or
‘other services by the Contractor forthe City

3.9" ~ SUBCONTRACTS.,
‘Al subcontracts and'al approvals of

subcontractors, regardless of thei form, willbe
deemed to be conditioned upon performance

Gant Program (ou X00 (Reva 102302)

‘hie Fom 0 Be Und On For Olga Aga fe Toe Unte Sts Deparment OF
‘rpnts Caters Seven Bi Sam Mog Me

ocing soa Uber

UNTITLED-009
by the subcontractor in accordance withthe
terms and conditions of this Agreement. The
‘approval of subcontractors will under no
Ccreumstances operate to relieve the Contractor
of any ofits obligations or lables 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 Department. All
subcontracts will contain provisions that require
the Services to be performed in strict
‘accordance with the terms and conditions of
this Agreement and that the subcontractor is
Subject to all ofthe terms and conditions of this
‘Agreement, including the rights of the City to
‘approve or disapprove of the use of any
‘subcontractor. As jong as such subcontracts

4 not prejudice any ofthe City’s rights under
this Agreement and do not affect the quality of
the Services to be rendered in any way.
subcontracts may contain diferent provisions.
than are provided inthis Agreement.

3.40 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 following:

A. proceeds from the disposition by sale or
long term lease of real property
purchased or improved with City funds:

'B. proceeds from the disposition of
‘equipment purchased with City funds;

{gross income from the use or rental of
‘eal or personal property acquired by
the Contractor with City funds, less the
‘cost incidental o the generation of such
income;

ant

Terms and Conditions - Page 8 of 23,

‘gross income from the use or rental of
real property owned by the Contractor
that was constructed or improved with
Cty funds, less the costs incidental to
the generation of such income;

proceeds from the sale of obligations
‘secured by loans made with Cty funds;

Interest eamed on funds held in a
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 al or part of the City’s portion of,
a public improvement.

RELIGIOUS ACTIVITIES
Definitions:

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

*Religiously Affiated Organization"
means an entity with a secular purpose,
whichis affliated with a Pervasively
‘Sectarian Organization or whose
‘members are motivated by a religious
purpose.

“Line-ttem-Services Agreement” means
‘an Agreement for the provision of tems.
(e., meals, vaccinations, etc.) or
services (e.g., homeless services, job
training, child care, medical care, et.)
which sats forth each particular type of

“Tis Frm eT Una Ony Fo Delegate Aguncy Aareeents Funded Wholly Trough The Unit Stans Onparment Of
Tain had rtm Devsopnants Gommuanty Deviant Bick Grant Program (Yeu 08 (Revised 102372)

UNTITLED-010
Terms and Conditions - Page 7 of 23

‘expenditure for which Contract amounts, ‘Services or termination ofthis
are to be spent, and which is based on ‘Agreement in accordance with its terms,
the number of persons to be served. whichever occurs eartier.

‘The Contractor warrants that in E. Ifthe Contractor is a Religiously
providing the Services: ‘Affiiated Organization and It receives

funds under this Agreement for

it wil not discriminate a¢ ‘construction, rehabilitation or faciity

‘any employee or applicant for ‘enhancements ("Improvements") of
‘employment on the basis of premises, the Contractor warrants that
religion and will not limit the premises wil be used for wholly
‘employment or give preference ‘secular purposes and that if, during the
to persons on the basis of Useful fe of the Improvements, the
religion, uniess otherwise premises are ever used for any religious
‘expressly allowed by law; purposes by the Contractor, its
‘Successors or assigns. the Contractor

1, twillnot aiscriminate against will reimburse the City forthe present
‘any person applying for the value of the Improvements, up to the
‘Services on the basis of religion amount of funds provided by the City for
‘and will nt limit the Services or the improvements.
‘give preference to persons on
the basis of religion; ‘The Contractors breach of any of the

warranties described in this Section

Hl, itwill not provide religious ‘14, in addition to any other remedies
instruction, conduct religious available at law, in equity or under this
Worship or services, or engage in ‘Agreement, entites the City to void this
religious proselytizing, nor, ‘Agreement and recapture all funds
unless otherwise expressly ‘glen to the Contractor under this
allowed by law, will it provide Agreement.

religious counseling or exert
other religious influence in the
provision of the Services.

3.42 DRUG-FREE WORKPLACE

It this Agreement is any type of
‘agreement other than a Line-ttem- ‘The Contractor must administer a policy
Services Agreement, the Contractor designed to ensure that the program facil is
warrants that itis not a Pervasively free from the ilegal use, possession, or
‘Sectarian Organization. distribution of drugs or alcoho! by its
beneficiaries. The Contractor must further
If the Contractors a Pervasively ‘maintain a drug free workplace in accordance
‘Sectarian Organization, then Contractor _with the requirements of the Drug Free
‘warrants that twill nt use any funds Workplace Act of 1988 (Pub. L. 100-690 and
received under this Agreement for any 24.C.F.R: Part 24; Subpart F), and the ilinois
‘general purposes of the:Contractor, and Drug Free Workplace Act (30 1LCS 580/1 et
‘that it wal return to the City any such ‘809,) and must implement ‘specific policies and
funds not spent by ton the Services, ‘guidelines’ as may be adopted by the City. In
‘promptly upon completion of the ‘addition, the Contractor must execute

“Tie Fm ie Yo Be Usd Ony For Detegate Agancy Agreements Funded Wholly Through The United States Department Of
‘oasng nnd Utan Bevopments Community Development Block Grant Progr (Vex XX) Revised 102302).

UNTITLED-011
certifications pursuant to the Drug Free
Workplace Act of 1988, as may be requested
by the Department.

Contractor wil establish procedures and
policies to promote a drug free workplace.
Further, Contractor will notify all employees of
'ts policy for maintaining a drug free workplace,
‘and the penalties that may be imposed for drug
‘abuse violations occurring in the workplace.
‘The Contractor will natty the City if any ofits
‘employees are convicted of a criminal drug
‘offense in the workplace no later than 10
calendar days after such conviction

3.43 ACKNOWLEDGMENT OF FUNDING
‘SOURCES

‘A. The Contractor will not make any public
‘announcement with respect to he
‘Services without the prior written
‘approval of the City. The Contractor will
‘conspicuously acknowledge the co-
sponsorship ofthe City on all
promotional materials including, but not
limited to, brochures, fiver, written or
electronic public notices, news releases,
public service announcements,
‘acknowledgments at any special events
Intended to promote the Services, or
solicitation ofthe private sector. The
Contractor will not attribute any
statement to the City without the City’s
prior writen approval.

‘Allreports, maps and other documents
completed as part ofthis Agreement,
‘other than documents exctusively for
intemal use within the City, will contain
the following information in a
conspicuous place on the front ofthe
report, map or document;

the name ofthe Gityof Chicago;

‘Terms and Conditions - Page 8 of 23,

ithe month and year of
preparation; and

iil, the name ofthe project.

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

1. the percentage of the total costs
of the program or project which
willbe financed with federal

money:
i, the dollar amount of federal

{funds for the project or program;
and

iil, the percentage and dollar
amount of the total costs of the
project or program that will be
financed by nongovernmental
sources.

‘Such statement must not represent or

suggest in any way thatthe views
expressed are those ofthe federal

government.
4
RING

DOCUMENTATION
4.1 REPORTING REQUIREMENTS

~ The City wil set forth the specific reporting

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

‘Tin Form To Be Unnd Ont Fox Detgata Agency Agrenmans Funded Woy Though The United Stans Ongatnent Of
‘ousing And Urton Deeopnant's Sosmmunty Devant Bock Grant Program (fer 200 (Revised 1202.

UNTITLED-012
42 RECORDS

The Contractor will maintain and make
available to the City information such as, but
Not imited to, dates of and reports or
memoranda describing the Contractor's
activities that is necessary to assist the City in
its compliance with all applicable laws. The
Contractor will maintain al documents
pertaining to this Agreement including, but not
limited to, all nancial, statistical, property and
participant information documentation.

The Contractor wil retain books,
documentation, papers, records and accounts
in connection with this Agreement in a safe
place for at least $ years after the City and, if
‘applicable, the federal government determines
‘that the Contractor has met all closeout
requirements for this Agreement, and will Keep
them open to audit, inspection, copying,
‘abstracting and transcription, and will make
these records available to the City, te United
‘States Comptroller General or the Aucltor
General of the State of linois at reasonable
times during the performance of its Services.

If Contractor conducts any business operations
separate from the Services using any
personnel, equipment, supplies or facilities also
Used in connection with this Agreement, then
Contractor wll maintain and make avaitabe to
the City, the U.S, Comptroller General and
Auditor General of the State of Ilinots detailed
records supporting Contractor's allocation of
the costs and expenses attributable to any such
shared usages.

‘The Contractor will maintain books, records,
‘and documents, and will adopt accounting
procedures and practices sufficient to reflect
properly all costs of whatever nature ciaimed to
have been incurred and anticipated to be
incurred for or in connection withthe.
performance.of this Agreement. This system of
‘accounting must be in. accordance with

‘Terms and Conditions - Page 9 of 23,

‘generally accepted federal accounting
principles and practices, as set forth in the
‘applicable OMB Circulars A-21, A-87, A-102,
AL10, A122 and A-133.

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

'No provision in this Agreement granting the City
‘a right of access to records and documents
limpairs, limits or affects any right of access to
ssuch records and documents that the City
would have had in the absence of such
provisions,

43° AUDITREQUIREMENT

{the Contractor is @ 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 (entitied “Audits of States, Local
Governments and Non-Profit Organizations”),
the compliance requirements set forth in OME
‘Compliance Supplement, and any addtional
testing and reporting required by the City. If a
A-133 audit is required, that audit must cover
the time period specified by OME Circular A-
133 and its implementing regulations.
Organization-wide audited financial statements,
must, at a minimum, cover the Term of this
‘Agreement.

Hf the Contractor isa for-profit entity, then it is
subject to the annual aut requirements under,
‘generally accepted government auditing
Standards (Govemment Auditing Standards)
‘promulgated by the Comptroller General of the
United States (for-profit entities).

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UNTITLED-013
‘The Contractor acknowledges thatthe City may
perform, or cause to be performed, various
‘monitoring procedures relating to the
Contractor's award(s) of federal funds,
Including, but not limited to, "imited scope
audits" of specific compliance areas,

‘The Contractor must submit the aucit reports
within 6 months after the end ofthe aucit
period. The Contractor must submit the aut,
‘within this time frame, to the Department and
te:

City Deparment of Finance
Internal Audit

‘Audit Compliance Unit

33 North LaSalle Street, Room 800
Chicago, llinois. 60602.

an OMB ausitis required, the Contractor will
‘also send a copy of the audit, within the same
time frame indicated in Sec. 220 of OMB
Circular A-133, t:

Federal Audit Clearinghouse
Bureau of the Census

1201 E. 10th Street
Jeffersonville, IN47132

Further, the Contractor must submit, with the
Audit, a report which comments on the findings
‘and recommendations in the audit, including
corrective action planned or taken. Ino action
is planned or taken, an explanation must be
included. Copies of written communications on
‘non-material compliance findings must be
submitted to the Department and the City
Department of Finance.

“The City retain its right to independently audit
the Contractor.

tf the Contractor is found in non-compliance
with these audit requirements, by ether the City
‘or any federal agency, the Contractor may be

Fequited to refund financial assistance received

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from the City or the applicable federal
agency(ies).

44 CONFIDENTIALITY

‘All reports, deliverables and documents
prepared, assembled or encountered by or
provided to the Contractor under this
‘Agreement are property ofthe City and ar
‘confidential, and the Contractor warrants and
represents that, except as may be required by
law, 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
wall implement measures to ensure that its staff
‘and its subcontractors will be bound by this
‘Section.

‘The Contractor will 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
request for documents by any administrative
‘agency or with @ subpoena duces tecum
regarding any records, data or documents
which may be in the Contractor's possession by
reason ofthis 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
documents are submitted to a court or other
third party. The Contractor will not be obligated
to withhold suct delivery beyond that time as
may be ordered by the court or administrative
‘agency, unless the subpoena or request is
‘quashed or the time to produce is otherwise
extended

Tovough The United Stats Department OF

UNTITLED-014
To the extent not defined here, the capitalized
terms in Exhibit A-1.3 will have the same
meaning as set forth in the Health insurance
Portability and Accountabilty Act (Act). See 45
‘CFR parts 160 and 164. Contractor and all its
‘Subcontractors must comply with the Act and all
rules and regulations applicable to it including
the Privacy Rule, which sets forth the
‘Standards for Privacy of individually identifiable
Health Information at 45 CFR part 160 and part
164 subparts A and E; and the Standards for
Electronic Transactions, which are located at
45 CFR parts 160 and 162.

‘Additionally, 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
applicable provisions under the Act, such failures
will constitute an event of default under this
‘Agreement for which no opportunity for cure wall
be provided.

45 MONITORING

‘The Contractor will allow the City:

A. to have access at all times to all faciities
supported under this Agreement

whenever requested by appropriate staff
‘members of the City,

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

C. to make physical inspections of the
premises used by the Contractor in the
performance .of the Services and to
require: such physical” safeguards ‘to
‘safeguard the property andlor equipment
‘authorized including, but not limited to,

requiring locks, alarms, safes, fre

‘extinguishers and sprinkler systems; and

‘Terms and Condition

Page 11 of 23

D. tobe present at any and all meetings hela
by the Contractor, including, but not
limited 10, staff meetings, board of
directors meetings, advisory committee
‘meetings and advisory board meetings, if
‘an item relating to this Agreement s tobe
discussed.

‘The Contractor will make staff available on a
regular basis at meetings convened by the
Department, forthe purpose of, but not limited to,
‘making presentations, answering questions, and
addressing issues related to the Services. The
Contractors chief executive officer, or their
designee, will participate in all delegate agency
conferences.

‘The Contractor will respond within 2 weeks to
questionnaires, if any, regarding demographics,
staff, quality, etc. from the Department.

Nothing in this Agreement wil be construed as
restricting or otherwise limiting the rights of the
City toward the appropriate management ofthis
rogram.

48 INTELLECTUAL PROPERTY

A. Patents and Copyrights
‘The Cay reserves an exclusive, perpetual
and imevoeable license 10 reproduce,
publshor otherwise use, and to authorize
Sthere to use, for “City purposes,
including, but not limited to, commercial
explitaton:
the copyright or patent in any
work developed under” this
‘Agreement and

any rights of copyright or patent to

pursuant to this Agreement.

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UNTITLED-015
Ifthe federal government determines that
4 patent or copyright which is developed
x purchased By te Contracior serves 8

royaly-

license will vest in the federal
goverment.

Any discovery or invention arising out of,
cor developed in conjunction with the
Services will be promptly and fully
reported to federal government for a
determination 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

‘Ownership of Documents
All required submittas, including but not
limited to work products, materials,
documents, and reports if any, described
in Exhibit 8, will be the property of the
City. 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
be prepared by Contractor hereunder
during the ‘of Services willbe
available to the City during normal
business hours upon reasonable notice.

Hold Harmless

Unless prohibited by ‘state law..upon
request by the Federal government,
‘Contractor wil indemnify, save, and hold
harmiess the City andits officers, agents,
‘and employees acting within the scope of

Terms and Conditions

their official duties against any tabilty,
including costs and expenses, resulting
from any wilful or intentional violation by
the Contractor of proprietary rights.
patents, copyrights, oF rights of privacy.
arising out of the publication, translation,
Teproduction, delivery, use, or disposition
‘of any material or data produced under
the Agreement.

ARTICLES
SOMPENSATION
5.4 BASIS OF PAYMENT

‘The Contractor wil be compensated for Services
performed andlor costs expended pursuant the
‘Budget Summary contained in ExhibitC, 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 andior costs
‘expended in such detail and supported by such
documents as the City may require. The
requisitions for reimbursement wil be on a form
provided and approved by the City. The City will
Process the payment within 60 calendar days
following submission.

‘The requests for reimbursement and supporting
documents will be sent to the Departments
Mailing Address noted in this Agreement’s
Preamble

“The Contractor waives all rights to payment if the
requestor reimbursementis submitted later than
45 calendar days following the termination or
‘completion ofthis Agreement: Costs incurred by
‘Contractor after the expiration date or after
rer termination of this Agreement will not be

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UNTITLED-016
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 right 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 the
ity, 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 wil constitute notice of
Early Termination in accordance with this
Agreement.

pursuant to a reduction in federal and/or state
funding, the City reduces the compensation to be
paaid to the Contractor under this Agreement, the
Contractor will have 30 calendar days, from the
date ofthe receipt ofthe writen notice, to submit
2 revised work program, budget or any other
necessary document ("Revised Submitals") to
the City reflecting the reduction in the
‘compensation and accordingly modifying the
‘Services to be performed. The City will have the
discretion to modify the Revised Submittals as it
may deem appropriate in order to realize the
{goals ofthe Agreement. The Revised Submittals
willbe reviewed by the Chief Procurement Officer
‘and the City's Office of Budget and Management
‘and upon their final approval-will become a part
of this Agreement superseding the previous
documents.

5.4 ALLOWABLE COSTS

All costs allowed by he City Comptroller's Office,
‘are not considered final and may be disallowed
‘upon the completion. of -aucits ordered or
‘performed by the City or the appropriate federal
Or state agency. In the event ofa disallowance,
the Contractor will refund the amount disallowed
tothe City.

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

‘The Contractor may request an advance of funds
and, atthe Citys sole discretion, may receive up
toa 5 calendar day operating advance, provided
the advance meets all federal, state and City
requirements for funding under this Agreement.
‘All advances wil be liquidated prior to the end of
‘the contract period in a manner specified by the
City,

ARTICLE
NON-SOLICITATION

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

ARTICLE 7
DISPUTES

Except as otherwise provided inthis Agreement,
the Contractor or the Cty wil in writing, bring any
dispute conceming a question of fact arising
Under this Agreement, to the Chief Procurement
Officer for decision. The Chief Procurement
Officer wil issue a writen decision and mail or
‘otherwise furnish a copy of it to the Contractor.
‘The decision ofthe Chief Procurement Officer is
final and binding upon the parties. A copy of the
feguiations of the Department of Procurement
Services for Resolution of Disputes between
Contractors and the City of Chicago” is available
in City Hall, 121 N. LaSalle, Room 301, Bid and
Bond Room.

ARTICLES
EVENTS OF DEFAULT & REMEDIES

8.4 EVENTS OF DEFAULT DEFINED

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UNTITLED-017
‘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 tothe City

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

Failure to perform the Services
with sufficient personnel and
‘equipment or with sufficient
material to ensure the
performance of the Services due
fo a reason or circumstances
within Contractor's reasonable
contro

Failure to perform the Services in
‘a manner satisfactory to the City,
‘of inability to perform the Services
satisfactorily as a resutt of
insolvency, fling for bankruptcy or
‘assignment for the benefit of
creditors;

i, Failure to promptly re-perform
‘within a reasonable time Services
that were rejected as erroneous
‘or unsatisfactory,

iv, Discontinuance ofthe Services for
reasons or circumstances within
Contractors reasonable control;
‘and

¥.  Fallure to comply with a material
term or condition of this
‘Agreement including,” but not
limited to, the provisions
concerning insurance and
rondiscrimination

‘Terms and Conditions - Page 14 of 23,

G._The Contractor's default under any other
agreement it may presently have or may
enter into withthe City during the Term of
this Agreement. The Contractor consents
that in the event of a default under this
‘Agreement, the City may also deciare a
‘default under any other agreements with
the City

82 REMEDIES

Upon the City’s determination that an event of
default has occurred, the City will give notice of
‘such occurrence to the Contractor in accordance
with the terms and conditions of this Agreement
(Cure Notice”). Ifthe Contractor fails to cure the
event of default within 30 calendar days after the
Cure Notice is given, or if the Contractor has
falied, in the sole opinion of the City, to
‘commence and continue diigent efforts to cure
the event of default, or if the event of defauit
cannot reasonably be cured within 30 calendar
‘days after the Cure Notice is given, then the City
‘ay, inthe sole discretion of the City, deciare the
Contractor tobe in default under this Agreement.
‘The decision to deciare the Contractor to be in
default 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 itis subject to
review or challenge.

If the Chief Procurement Officer determines that
the Contractors in default under this Agreement,
‘written notification ofthis determination (‘Default
Notice”) will be provided to the Contractor, and
the Defautt Notice will include notice of the
‘decision of the Chief Procurement Officer to
terminate this Agreement, if that is his such
‘decision. Upon the Citys giving the Default
Notice, the Contractor will discontinue any
services, unless otherwise directed in the notice,
‘and wil deliver all materials accumulated in the
performance of this Agreement, whether
completed or in the process. to the City
Following or at the same time as the Default

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UNTITLED-018
Notice, the City may invoke any or all of the
following remedies:

A. The right to 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
‘wil have, in that event, the right to offset
from the cost the amount it would have
cost the City under the terms and
Conditions of this Agreement, had the
Contractor completed the Services;

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 damages;

E. The right to withhold all or any part ofthe
Contractor's compensation; and

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

If the Cily 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 this provision is solely forthe
benefit ofthe City and that ifthe City permits the
Contractor to continue to provide the Services
espite one or more events of defauit, the
Contractor wil in no way be relieved of any ofits
responsibilties, duties or obligations under this
‘Agreement nor will the City waive or relinquish
any of ts rights.

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

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Terms.

1d Conditions - Page 15 of 23,

every such remedy is cumulative and is in
‘addition to any other remedies, existing now or
later, at law, in equity or by statute. No delay or
Comission to exercise any right or power accruing
‘upon any event of defauit will impair any such
fight or power nor will be construed as a waiver
cf any event of defaut or acquiescence init, anc
‘every such right and power may be exercised
{from time to time and as often as the City deems
expedient.

83 RIGHT TO OFFSET
othe extent permitted by applicable law,

A. _Inconnection wth performance under this
‘Agreement, the City may offset any
‘excess costs incurred:

(0) ifthe City terminates this Agreement
for default or any other reason resulting
from the Contractor's 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 Cy may offset these excess costs
by use of any payment due for Services
‘completed before the City terminated this
‘Agreement or before the City exercised
‘any remedies. If the amount offset is
Insufficient to cover those excess costs,
the Contractor is lable for and must
‘promptly remit to the City the balance
‘upon written demand for it. This right to
‘offset is in addition to and not a timitation
of a er median eamete 0

trough The United Stas Oeparinent OF

UNTITLED-019
In connection with Section 2-92-380 of
the Municipal Code of Chicago and in
‘addition to any other rights and remedies
(including any of set-off) available to the
City under this Agreement or permitted at
law or in equity, the City is entited to set
Offa portion ofthe price or compensation
{due under this Agreement in an amount
‘equal to the amount of the fines and
Penalties for each outstanding parking
Violation complaint and/or 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 a portion of the price or
‘compensation due under this Agreement
in an amount equat to the amount of any
liquidated or unliquidated ciaims that the
City has against the Contractor unrelated
to this Agreement. When the City’s
claims against the Contractor are finaly
adjudicated in a court of competent
Jurisdiction or otherwise resolved, the City
will reimburse the Contractor tothe extent
of the amount the City has offset against
this Agreement inconsistently with the
determination or resolution

8.4 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
rotice to the Contractor or upon no notice in the
‘event of emergency. No costs incurred after the
effective date of the suspension wil be allowed.
The Contractor will promptly resume its
performance of the Services under the same
terms and conditions upon written notice by the.
Chief Procurement Officer and such equitable
extension of time as may be mutually agreed
‘upon by the Chief Procurement Officer and the
Contractor when necessary for continuation or
‘completion of the Services. Any additonal costs

‘Terms and Conditions - Page 18 of 23

cor expenses actually incurred by Contractor as a
resut of recommencing the Services will be
treated in accordance with this Agreement.

No suspension wil, in the aggregate, exceed a
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.

8.5 NO DAMAGES FOR DELAY

Neither Contractor nor Contractor's agents,
‘employees, and subcontractors are entitled 10
‘any damages from the City, nor is any party
entited to be reimbursed ‘by the City, 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 to
Complete its performance. The decision to grant
‘additional time is in the sole and absolute
discretion of the Chief Procurement Officer.

ARTICLE 9
GENERAL CONDITIONS

94 WARRANTIES
REPRESENTATIONS

AND

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

A warrants thatitis financially solvent; that
it and each of its employees, agents,
subcontractors of any ier are competent
to perform the Services; that itis legally
authorized to execute and perform the
Services; and

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

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UNTITLED-020
Contractor or has a financial interest
directly or indirectly in this Agreement or
the compensation to be paid, except as
may be permitted in writing by the City’s
Board of Ethics; that no payment, gratuity
Cf affer of employment wil be made by or
‘on behaif of any subcontractors of any
tier, as an inducement for the award of a
subcontract or order; the Contractor
‘acknowledges that any agreement
‘entered into, negotiated or performed in
Violation of any of the provisions of City of
Chicago's Ethics Ordinance, Municipal
Code § 2-156 et sea., is voidable by the
City; 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
‘benefit derived therefrom; and

warrants that twill nt knowingly use the
‘services of any ineligible subcontractor or
Contractor for any purpose in the
performance ofits Services; and

‘warrants thatitand its subcontractors are
at in default at the time of the execution
of this Agreement, or deemed by the
Chief Procurement Officer to have, within
5 years immediately preceding the date of
this Agreement, been found to be in
default on any contract awarded by the
City; and

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

‘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

represents that it and, to the best of its
knowledge, its subcontractors are not in
Violation ofthe provisions of Section 2-92-
320 of the Municipal Code, the ilinois
(Criminal Code, 720 ILCS 5/33€-1 et sea
‘and the llinais Municipal Code, 65 ILCS
SI11-42.4-1

9.2 INSPECTOR GENERAL

1t will be the duty of any bidder, proposer, or
contractor, subcontractor, and every applicantfor
certification of eligilty 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 to
Chapter 2-56 of the Municipal Code; that the
Contractor understands and will abide by all
provisions of Chapter 2-56 of the Municipal Code
‘and that it will inform Subcontractors of this
provision and require their compliance.

9.3 WHOLE AGREEMENT.INTEGRATION

‘This Agreement, including attached Exhibit A
through Exhibit E or Exhibit F, depending on
whether a construction or rehablitation project is
involved, constitutes the entire agreement
between the parties, and no warranties,
representations, inducements, considerations,

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UNTITLED-021
promises or other inferences willbe implied that
{are not expressly stated in the Agreement. No
\ariation or amendment ofthis Agreement andro
‘waiver ofits provisions are valid uniess in writing
‘and signed by duly authorized officers of the
Contractor andthe City. This Agreement
supersedes all other agreements between the
‘Contractor and the City

9.4 MODIFICATIONS AND AMENDMENTS

No changes, amendments, modifications,
cancellations or discharges of this Agreement, or
‘any part of it are effective uniess in wnting and
signed by the Contractor and the City, or their
respective successors and assigns.

COMPLIANCE WITH ALL LAWS

‘The Contractor will comply with all applicable
laws, ordinances and executive orders and
reguiations of the federal, state, local and city

ynent, which may in any manner affect the
performance ofthis Agreement.

9.6 COMPLIANCE WITH ACCESSIBILITY
Laws

Contractor will comply with all accessibility
standards for persons with disabilities “or
environmental limited persons including, butnot
limited to: the Americans with Disabilities Act of
1980, 42 USC. § 12101 et seq. and the
Rehabilitation Act of 1973, 29 U.S.C. §§ 793-794.
In the event the above cited standards are
inconsistent, the Contractor will comply with the
standard providing greater accessibiity.

97 NO FEDERAL OR STATE
OBLIGATIONS TO THIRD PARTIES

“The Contractor acknowledges that, absent the
express. written consent of the federal
‘government and the State of ilinas, the State of
ilinois and the federal government wil not be
‘subject to any obligations or liabilties to any

‘Terms and Conditions - Page 18 of 23

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 provides by the
State of linois of federal government in or
approval of any solctation, agreement, or
contract, the State of Ilinois and federal
‘govemment continue to have no obligations or
liabilities to any party, including the Contractor.

9.8 NON-LIABILITY OF PUBLIC OFFICIALS

No offical, employee or agent of the City will be
charged personally by the Contractor, or by any
assignee or Subcontractor of the Contractor, with
‘ny liability oF expenses of defense or be held
personally lable tothe Contractor under any term
(OF condition of this Agreement, because of the
Citys execution or 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, or otherwise
Fecognize a joint venture, partnership. corporation
or other formal business association or
Srganization of any kind between the parties, and
the rights, and the obligations of the partes will
be only those expressly set forth in this
‘Agreement. The Contractor will perform under
this Agreement as an independent contractor to
the City and not as a representative, employee,
‘agent, o partner of the City

9.10 INTERNATIONAL ANTI-BOYCOTT

Contractor certifies that neither the Contractor
ror any substantaly owned affliate company of
the Contractors participating or wil partcpate in
an intemational boycott, as defined by the
provisions of the U.S. Export Administration Act
(0f 1979 or its enabling regulations.

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UNTITLED-022
9.11. JOINT AND SEVERAL LIABILITY

Inthe event that the Contractor, or its successors
‘or assigns, is comprised of more than one
person, then every obligation or undertaking to
bbe fulfled or performed by the Contractor will be
the joint and several obligation or undertaking of
teach such person.

9.12 PROOF OF BUSINESS FORM

Upon request from the City, the Contractor will
Provide copies of its latest articles of
incorporation, by-laws and resolutions, or
Partnership or joint venture agreement, as
applicable, and evidence of its authority to do
business in the State of linois, including without
limitation, registrations of assumed names or
limited partnerships and certifications of good
standing with the Secretary of State of ilinos,

943 DISCLOSURE AFFIDAVIT &
DISCLOSURE OF RETAINED PARTIES.

The Contractor will provide the City with 2
Disclosure Affidavit and Disclosure of Retained
Parties, which are attached as Exhibit D and
incorporated by reference, and further willprovide
any other affidavits or ceriications 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 wil cause its subcontractors or, if
a partnership or joint venture, all memibers of the
Partnership or oint venture, to submit all required
affidavits to the City.

9.14 CONFLICT OF INTEREST

'No member of the governing body ofthe City or
cther units of goverment and no other officer,
employee, or agent of the City or other unit of
government who exercises any functions or
responsibilities in connection with the Services
will have any personal interest, direct, or indirect,
inthis Agreement. No member of or delegate to

the Congress ofthe United States or the Minos
General Assembly and no alderman ofthe City or
City empioyee will be admitted to any share or
Part of this Agreement orto any financial benefit
1 arise from i

The Contractor covenants that i, its officers,
directors and employees, and the officers,
directors and employees of each ofits members
if joint venture, and its subcontractors,
presently have no interest and will acquire no
Interest, director indirect, which would contfict 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 if
the City determines that any of Contractor's
services for others conflict with the Services,
Contractor will terminate such other services
immediately upon request of the City.

In addition to the confct of interest requirements
jn OMB Circular A-110 and 24 C.F.R. 84, no
Berson who is an employee, agent, Contractor,
Officer, oF elected or appointed official of the City
‘and who exercises or has exercised any
functions or responsibilities with respect to
assisted actives, 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, or agreement or their proceed:
either for himself or herself or for those whom he
or she has family or business ties, during his or
he tenure or for 1 year thereafter.

Furthermore the Contractor warrants and
represents that itis and will remain in compliance
with federal restrictions on lobbying set forth in
Section 319 of the Department ofthe interior and
Related-Agencies Appropriations Act for Fiscal
year 1990, 31 U.S.C. § 1952, and related rules.
{and regulations set forth at 64 Fed. Reg. 52,309
(1989), as amended.

‘This Form ie To Be Used Ony For Delegate Aguncy Agreements Funded Whol Through The Untad States Daparmant Of
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~ UNTITLED-023
In addition, if State of llinois funds are used for
the Agreement, the Contractor must comply with
the confict of interest provisions contained in the
ihinois Procurement Code ( 30 ILCS 500/50-13)
‘and other provisions in the ilinois Procurement
Code regarding participation in agreement
negotiation by a State employee (30 ILCS
‘500I50-18).

15 COOPERATION WITH CITY

‘The Contractor will cooperate fully withthe City
‘and act in the City’s best interests. If this
‘Agreement is terminated for any reason, or itis,
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, ocderty demobilization of ts own
‘operations in connection with the Services,
uninterupted provision of Services during any
transition period and will comply with the
reasonable requests and requirements ofthe City
in connection with te termination or expiration of
this Agreement

16 WAIVER

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

Whenever the City, by @ proper authority, waives
the Contractors performance in any respect or
waives a requirement or condition to either the
City's or the Contractor's performance, the waiver
so granted, whether express or implied, will only
‘apply to the particular instance and will not be
deemed a waiver forever or for subsequent
instances of the performance, requirement or
condition, No waiver wil be construed as a
‘modification ofthe Agreement regardiess of the
‘number of times the City may have waived the
performance, requirement or condition.

Terms and Conditions - Page 20 of 23
9.47 GOVERNING LAW

‘This Agreement is governed as to performance
‘and interpretation in accordance with the laws of
the Siate of linois

9.18 SEVERABILITY

Hf any provision of the Agreement is held to be or
in facts legal, inoperative or unenforceable on
Its face or as applied in any particular case, in
‘any jurisdiction (or in all cases because it
cconficis with any other provision of this
‘Agreement, orany constitution, statute, municipal
Cordinance, rule of law or public policy, or for any
other reason), that circumstances will 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 ilegal, invalid, 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 ts provisions. Words importing the
singular number include the plural number and
vice versa, unless the context otherwise
indicates. Allreferences to any exhibit, appendix
‘of document include all supplements and/or
‘amendments toany such exhibits, appendixes or
documents entered into in accordance with the
terms and conditions of this Agreement. All
references to any person or entity include any
person or entity succeeding to the rights, duties,
‘and obligations of the person or entity in
‘accordance withthe terms and conditions ofthis
‘Agreement. in the event of any confit between
this Agreement and any exhibits tot, the terms
‘and conditions ofthis Agreement control.

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UNTITLED-024
9.20 NONASSIGNABILITY

Contractor will not assign all or any part of its
work oF responsibilities under this Agreement
‘without the prior written consent of the Chief
Procurement Officer and the Commissioner; but
‘any such consent will not relieve Contractor ofits
‘obligations under this Agreement. Any transfer
‘oF assignment without the prior witten consent of
the Chief Procurement Officer constitutes an
event of default under this Agreement and is void
as to the City. The Cily reserves the right to
assign, in whole or in part, any funds, claims or
interests, due or to become due, under this
‘Agreement.

9.21 CONTRACTOR'S AUTHORITY
Execution ofthis Agreement by the Contractor is
‘authorized by a resolution or ordinance of its
{governing body. ‘The signature ofthe individual
signing on behalf of the Contractor has been
‘made with complete and full authority to commit
the Contractor to all the terms and conditions of
this Agreement. Evidence of signature authonty
should be forwarded tothe City wth the executed
Agreement.

ARTICLE 10
NOTICES

All notices 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
requested, with postage prepaid and addressed
a8 follows:

Hf tothe Cy:
“The Department's Maling Address Noted
In This Agreement’s Preamble

and
Department of Procurement Services
City Hall, Room 403

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‘eting hind Uroan Developments Commu

Terms and Conditions - Page 21 of 23,

421 North LaSalle Street
Chicago. linois 60602
Attention: Chief Procurement Officer

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

Ito Contractor:
“The Contractor's Maling Address Noted
In This Agreement’s Preamble

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

A. the official to whom notice regarding the
‘Agreement is provided and their maling
address:

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

C. the key staff of the agency andior its
program sites, Including executive
Girector, site director, fiscal director; and
site address or agency official address,
telephone numbers.

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

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

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UNTITLED-025
are deemed effective on the next business
day.

REI SH
‘OFFICIALS

Pursuant “to Section 2-156-030(b) of the
Municipal Code ofthe City of Chicago, itis ilegal
{for any elected official ofthe City, o any person
acting atthe direction of such official, to contact,
either orally or in writin, any other City official or
empioyee with respect to any matter involving
any person with whom the elected official has a
business relationship, or to participate in any
discussion in any City Council committee hearing
or in any City Council meeting or to vate on any
‘matter involving the person with whom an elected
official has a business relationship. Violation of
Section 2-156-030(b) by any elected official
with respect to this Agreement is grounds for
termination of this Agreement. The term
business relationship is defined as set forth in
‘Section 2-156-080 of the Municipal Code of
Chicago.

‘Section 2-156-080 defines a “business
relationship” as any contractual or other private
business dealing of an official, or his or her
‘spouse, or of any entity in which an official or is
(of her spouse has a financial interest, with a
person or entity which entitles an official to
compensation or payment in the amount of
$2,500 of more in a calendar year; provided,
however, a financial interest shail not include: (i)
any ownership through purchase at fair market
value oF inheritance of less than one percent of
the share of a corporation, or any corporate
‘subsidiary, parent or affate thereof, regardless
(of the value of or dividends on such shares, if
such shares are registered on a secunties
‘exchange pursuant to the Securities Exchange
‘Act of 1934, as amended; (ji) the authorized
Compensation paid to an offical or employee for
his office or employment; (ii) any economic
benefit provided equally to all residents of the

‘Terms and Conditions - Page 22 of 23

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

ROI

Section 2-82-610 of the Municipal Code requires
‘eligible contractors and their subcontractors 10
pay @ Iiving wage (currently $7.60 per hour
minimum base wage) to covered employees
‘employed in the performance ofthis Agreement.
You are an eligible contractor if at any time
during the performance of this Agreement you
have 25 or more ful-ime employees. If you are,
‘or become, eligible, you and your subcontractors
must pay at least the base wage to covered
‘employees. Covered employees are: security
‘guards (but only if you and your subcontractors
‘employ in the aggregate 25 or more of them),
‘and, in any number, parking attendants, day
laborers, home and health care workers,
cashiers, elevator operators, custodial workers
and clerical workers. Section 2-92-610 does nat
apply to not-for-profit corporations with federal
501(6)(3) tax exempt status. Also, f the work
being done under this Agreement is subject to
payment of prevailing wages, and the prevaling
‘wages are higher than the base wage, then
prevailing wage rates apply and must be paid.

ARTICLE 13
Nov MSTA

In event the Contractor, its parent or related
corporate entity, becomes a party to any
ligation, investigation or transaction that may
reasonably be considered to have a material
impact on the Contractors ablity to perform

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UNTITLED-026
‘Terms and Conditions - Page 23 of 23

under this Agreement, the Contractor must
Immediately notity the City in writing.

ARTICLE 14
ADDITIONAL AGREEMENT PROVISIONS

‘Adsonal provisions of his Agreement are
listed in Exhibit A, and also in Exhibi.E only if
construction and rehabiltation activites are
involved, which are attached and incorporated
by reference. All provsions listed in Exhibits.
2nd have the same force and effect asi they
hhag been sted inthe body ofthis Agreement.

{The remainder ofthis page is intentionally left
blank]

‘nis Form To Be Used Ony Foe Dlegate Agency Agrements Funded Whol Trough Th United States Oxpaiment Of
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UNTITLED-027
'S DEPARTI USING AND Mi

‘AdA NATIONAL OBJECTIVE

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

‘A4.2. COMPLIANCE WITH CDBG REGULATIONS:

“The Contractor must comply with, and certifies that iis in compliance with, all the provisions and
regulations ofthe CDBG Program, and al related Cty of Chicago, State of llinois and United States
mules, regulations and requitements, including, but not limited to: the Housing and Community
Development Act of 1974, as amended (42 U.S.C. § 5301 et sea, and implementing regulations at 24
GER Part 570); Tite VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et sea.) Civil Rights Act of
$901; Fair Housing Act (42 U.S.C. § 3601 et sea.); Executive Order 11083, as amended by Executive
Order 12259; Age Discrimination Act of 1975 (42 U.S.C. § 6101 gt seq,); Rehabilitation Act of 1973 (29
U'S.c. § 794 etseq,), Davis-Bacon Act, as amended (40 U.S.C. §§ 276a - 2762-6); Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-33 as supplemented by 29 C.F.R. Part § and 29
CER. Part 1928); National Environmental Policy Act of 1969 (26 C.F-R. Part $8), Clean Alr Act (42
G'S.C, §7401 et seq); Federal Water Polution Control Act ("Clean Water Acr) ($3 U.S.C. § 1251
‘s09,); Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C-F-R. Part
$5} the Contractor must report all violations and must require all subcontractors to report al violations
Gf the Clean Air Act and/or the Clean Water Act to the City, HUD and the appropriate Regional Office,
Stine U.S. Envitonmental Protection Agency; Flood Disaster Protection Act of 1973 (42 U.S.C. § 4106
St-seq); Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
$460"); Executive Order 11246, as amended by Executive Orders 12086 and 11376; Lead-Based
Baint Poisoning Prevention Act (42 U.S.C. 4821 gt seq); Residential Lead-Based Paint Hazard
Reduction Act of 1982 (Pub. L. 101-550; 42 U.S.C. 4851 et seq.) and implementing reguiations at 24
CER Part 35, Executive Order 12372: Copeland “Ant-Kickback” Act (18 U.S.C. § 874 and 40 U.S.C.
§ 276(c) 28 supplemented by 29 C.F.R. Part 3); Federal Fair Labor Standards Act (29 U.S.C. § 201 et
eq). the Uniform Administrative Requirements contained in 24 C.F.R. Parts 84 and 85, as amended:
Bitch Act 5 U.S.C. §§ 1501-08 and 7324-28); Byrd "Ant-Lobbying” Amendment (31 U.S.C. § 1352);
Trandatory standards and polices relating to energy efficiency which are contained in the State of
Tinols energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub, L 94.163), Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3601 etsea, (in
Scoordance therewith, the Contractor certifies or affirms the truthfulness and accuracy of any
‘Statement it has made, it makes, or it may make pertaining to this Agreement); and Debarment and
‘Suspension (24 C.P.R. § 65.35 and Executive Orders 12549 and 12688). Additionally, the Contractor
must comply with the applicable provisions of OMB Circulars A-21, A-87, A-102, A-110, A-122 and Ax
133 as amended, succeeded or revised.

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~ UNTITLED-028
‘A4.3_ COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPPA) REQUIREMENTS

2.

10.

1"

Contractor must not use or further disclose Protected Health Information ("PHI") other than as
permitted or required by this Agreement or as Required by Law. (htt:/www.hhs.govlocrihipaa/)
Contractor must use appropriate safeguards to prevent the use or disclosure of PHI other than as
provided for in this Agreement

Contractor must mitigate to the extent practicable any harmful effect that is known to Contractor
‘of ause or disclosure of PHI by Contractor in violation ofthe requirements of this Agreement.
Contractor must report any use or disclosure of the PHI not provided for by this Agreement to the
City.

Contractor must ensure that any agent, including a subcontractor, to whom itprovides PHI received
‘rom, or created or received by Contractor on behalf of the City agrees tothe same restrictions and
‘conditions that apply through this Agreement to Contractor with respect to such information,
Ifthe 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 Designated
Record Set, to iy or, as directed by Cty, o an Individual in order to meet the requirements under
45 CFR 164.524

W the Contractor has PHI in 2 Designated Record Set then Contractor must make any
amendments to PHI in a Designated Record Set that the City directs or agrees to pursuant to 45
(CFR 164.528 atthe requestof City or an Individual, and in the time and manner designated by City.
Contractor must make internal practices, books and records relating tothe use and disclosure of
PHI received trom, or created or received by Contractor on behalf of, City availabe to the City, or
af the request of the City o the Secretary, in a time and manner designated by the City or the
‘Secretary, for purposes of the Secretary determining City’s compliance withthe Privacy Rule.
Contractor must document the disclosure of PHI and information relating to such disciosures as
Would be required for Cty to respond to a request by an Individual for an accounting of disclosures
(of PHI in accordance with 45 CFR 164.528

Contractor must provide to Cy or an individual, in ime and manner designated by City, information
collected which relates to the disclosure of PHI, to permit City to respond to a request by an
Individual for an accounting of disciosures of PHI in accordance with 45 CFR 164.528.
Contractor must ether retum all PHI to the City or destroy it, atthe Cly's option, upon termination
‘or expiration ofthis Agreement.

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UNTITLED-029
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UNTITLED-030
CITY OF CHICAGO
‘Community Development Block Grant
Program Year XXIX-2003
‘Work Program and Budget
Department: HOUSING

HOMEOWNERSHIP HOUSING
Program:__COUNSELING CENTER Fax #: 312-747-9139

3127:

Contact Name: MAUVOLYENE M. GARDNER ___ Phone s0

Part I: Delegate Information
Parent Organization Name: CHICAGO ROSELAND DEVELOPMENT CORPORATION

Parent Organization Address: 11015 SOUTH MICHIGAN AVENUE,

Parent Organization City, State, Zip:_ CHICAGO, ILLINOIS _60628

Delegate Agency: CHICAGO ROSELAND DEVELOPMENT CORPORATION

Site Address: _ 11015 SOUTH MICHIGAN AVENUE,

City, State, Zip:__ CHICAGO, ILLINOIS _ 60628

Executive Director: WILLIE LOMAX

Delegate Contact: _LUZ MARIA GONZALEZ,

Phone #: 773-264-3500 Fax #: _773-264-9634

Office Hours:9AM-SPM MONDAY thru FRIDAY Program Service Hours: Same_

‘Total Budget for this Project (including other share): _ $31,500.00
CDBG Year XXVIII Allocation: _ $31,500.00
Contract Period, from January 1, 2003 ‘to December 31, 2003

Federal Employer Identification Number:36-3317828
; E dentifie £33633

‘Yor XXIX 3003 CDBG Delete Wor Props

UNTITLED-031
art II: Description of Project
In a clear and concise manner, provide a narrative summary of the project: its scope, problems
addressed, and results anticipated. Please do not add additional pages.

‘The Chicago Rosalind Corporation sits in a community where the housing stock in 96% single
family homes. CRDC has been doing Housing Counseling as a Certified Counseling Agency for he
past 15 years or so. Just in our area alone there are more than $50 abandoned homes and more
boarded up each day with no relief in sight. CRDC does foreclosure prevention counseling on a
Citywide basis not just our immediate area. The number of 1* Time Homebuyers has more than
‘doubled in the las five yrs due to many different special programs that are offered at low interest ates
and other benefits, also because of employment picking up a lite in the past few months. However
with HUD stil seeing more defaults the housing clients will need as much help as possible to avoid
fiom having their homes go into foreclosure.

With funding for Defaults and Home Ownership Counseling, CRDC will be able to reach out to help
save some of the future foreclosures by doing 1" time Home buyers. Education with clients before
they purchase a property so that they will be aware ofthe responsibilities of home ownership and at
the same time we will be able to get some ofthe homes that were abandoned back on the tax roll by
helping clients purchase these homes, thus bringing the Chicago Neighbothoods back to a decent
level of value and a safe place for children to grow up. CRDC will continue to work very hard to
keep more properties from going into forectosure by getting tothe clients at an early stage and trying
to yet relief for their situation. CRDC works with a number of financial institutions as well as the
City of Chicago and Banking institutions to make sure thatthe counseling program is successful

UNTITLED-032
Part III: Monitoring and Evaluation Procedures
‘A. Describe the methods your agency will employ to evaluate the project's progress and record
project accomplishment.

CRDC has established a file for each client, which identifies all needs, actions, and outcomes,
(Progress). We do quarterly reports to measure the output and outcome of the program,
CRDC’s Board of Director's meet 6 times a year to evaluate the programs and needs of the
‘community

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

ur bookkeeper will maintain all expenditures, records and monitor along with the program
staff,

UNTITLED-033
Part IV: Auditing Requirements

Is your agency (check only one)? _X not-for-profit 1 education institution

© governmental agency 2 for-profit

A. Whatis your agency's fiscal year?
January 1~ December 31st
B. When do you intend to conduct an audit ofthis contract?
Bi annually if necessary
CC. Please listall contracts and grants that your agency anticipates receiving during the fiscal year
and please identify ifthe source is Federal or Other and the amount below:
Funding Source
Contracts/Grants Federal Other Total Amount Requested
E. If you are applying to other City departments for CDBG grants please list the department

the program an¢ the amount requested below:
4

wrtment Department Program ~. CDBG Amount Requested

DPD PLANNING $40,000.00

‘Year XP 288 CDBG Deg Work Program

UNTITLED-034
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UNTITLED-035
Form

Budget Summary
A. Delegate CHICAGO ROSELAND DEVELOPMENT. Year XX1%-203 Allocation $3,500.00,
‘HOMEOWNERSHIP HOUSING G. Vendor Code # _1o0sasa Co
8.
HL Service Contract #
© _—
1 Funder Oren
D. Department HOUSING
E. Contract Term, From _January 1.2003. to December 31,
20
J, Project Budget Summary for Veur XXIX «2003,
Personne 0005
Fags Banat Soe
‘Speraingi Technical oi00 $3.080.00 7.08000
rofssional and Technical O40
Senices #26,980.00 #26,980.00
‘atarals and Suppion 3200
Easipmont 3400
‘ier (Counssing sessions 3200 $3,500.00 73,500.00
‘ier pense speci
$31,500.00

Tote: The entire budget for tis project must be shown

K. Percentage of total project costs paid |. City Authorizations
bby Other Share (column 4 ~ column 5):_O.% Y Hachinke Ly, [5. bil “frjoe
, Subrecinient Aughorzation | Ui ‘

Ww

Wille Lomax :“Exscutive Directo -

Year SAVIN 283 €00G Dette Work Program

“UNTITLED-036
‘A. Delegate CHICAGO ROSELAND DEVELOPMENT CORPORATION
1. Deparment Progran: HOMEOWNERSHIP HOUSING COUNSELING CENTER.» Feil tsa + a0

Personne! Budget

. Project Name icc

FORM?
For

Persone Budget Allocation for Yeu XXIX: 2003
townie ne | tae) | sertimsgen | consent | rane rt Surman os Renin
w a, oO @ o o co)
NA
ta ‘00 ‘son es as ach Dd Saar Frm Aco 8
Fringe Benefits an Tl Personnel Costs
Typeet Figs bot owe 0) [onl Cons)
(0) Secale Tn 0
fo tte arrnen
(10 Sie Une iuane
0) Soe Wa Compre
0) ea
(13) oa Poe ni pn 1) soe sue

Year XAVEX 2005 CONG Dene Work Frege

UNTITLED-037
Form’

Non-Personnel Budget
A.Deleate__ CHICAGO ROSELAND DEVELOPMENT CORPORATION.

1. Deparment Program,

JOMEOWNERSHIP HOUSING COUNSELING CENTEI

€. Project Name nice

. Non-Personel Allocation for Year XXIX - 2003

(O06 Se ‘Une tem Drip an tenon
enol txpentive acon | “Srcot) | teatconsy essen Tal Cat on COC Se)
o oy) ) o CO)

Operating Technical 100 stasaoe | 51,050.00 | Reimbursement for conducting or co-hosting FOUR (4)
commaity workshop/seminars at $250.0 per
workshops/seminar. ($80.00) for workshops expenses.

Counseling Sessions e900 | 32698000 | $26,950.00 | Reimbursement for providing default and pre counseling
services to 385 clients at $38.00 per har, maximum of two(2)
ours per clint.

Counseling Sessions 0900 3500.00 | 53.00.00 | Reimbursement for providing Department of Homeownership
certieat programs and Predatory lending counseling services
{6 10 clint at $35.00 per hour, maxima of one (1) hour pee
client

(6 TOTAL ssi.so0.00_| 31.00.00

‘Year XX1X 2005 CONG Deegne Work Progr

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WORK PROGRAM femen
\. Delegate CHICAGO ROSELAND DEVELOPMENT CORPORATION D. Staicgy _ROVIDE OPPORTUNLLIES FOR SUSTAINABLE JOME OWNERSHIP
{8 Bepunmen Propnm UOMEOWNERSIP HOUSING COUNSELING CENTER
© ProyeerNme ee

E._Work Program For Vout XLX. 2003

rogram Sub P Program bdiverbles 2003 Panned usp by Quarter 8.
eo new en mene anne ony ae vem
Elements which ‘Teed tomessare the progress ofthe Sree pees “
‘program objectives. o io ar
ines ronewonptiy rete taceprepuctn coms witte | 1m | m2 | 1 | a1 | 25 | poteens comet teeine
fsecgiemerecty | feet ee ea Ba otc sum
eee as suaalyee
Ct Per Coming Seni 3840
‘hour, e
“Bint hoes pe cen)
ove ce cs coumeing pen ws | as | os | as | oo |arercometng Sono 538005
| Co ee en of Seer Comet
| owsing rogram tat ich (Max. 1 hour per client)
| eat Pn Popa
| sega net
Teeirnaneet
Icynitertercnoteig | tonrcetentnennscstipmotstons | 1 | 1 | 1 | 1 | 4 | contgtercoto setstpssninn
roe = Sere
| {dior DOH comnumeaton division.
| Cat fervent 9258
Fe
Siam

UNTITLED-039

\_Delgate_ CHICAGO ROSEL AND DEVELOPMENT CORPORATION. D. Seatey
PREVENT eVICTIONFORECLOSUE
5. Department Prats HOMEOWNERSHIP HOUSING COUNSELING CENTER.

WORK PROGRAM

Projet Name HC

-£. Work Progcam For Your XXIX- 2003,

PROVIDE FINANCIAL COUNSELING ASSISTANCE TO

ropa rg

Elements which
eseribe the activities
‘hat wil acommpsh

2,
Program Deliverables

owed pe
rpesed ok

Stag what quan uni will
Eanple classes

),
2003 Planned Outpt by Quarter & Year
“Tal ist of Projected quantile
‘ls or each program dtiverable

tarqe | 2nagr | sear | ame

“Torat

() Total Undaplicated Chet

| ucCrForectosare
Prevention Coumseling

Rede rate of freeones

HUCCIPrevention of
Predatory Lenders

Reduce rate of Predtory
ted

as

a

Default counseling for homeowners delinquent | 28 | 25 | 2s | 25 | 100
‘Says or more on thew mortgages
Counseling homeowners who have been eum or} 10 | 10 | x0 | ao | ao

CO}
Performance Measures

1 ofchint eceiving default counseling.

(Cox pe counting session is $35.00 a haut.
{ola T hours per eliend)

of cheat hat received predatory counseling

(Cos Pet counting casio x $38.00 2 bur
(tar Hout per cen

UNTITLED-040

Forms

CDBG National Objective/ENigibil

ity

‘A. Delegete-_CHICAGO ROSELAND DEVELOPMENT CORPORATION —__

Department Program _MOMFOWNERSHIP HOUSING COUNSELING CENTER
© Project Name HCE
D.Bligible CDBG Activ 0.201 1) PUBLIC SERVICE

National Objective:

‘The qualifying National Obyective is “Activites Benefiting Low and Moderate Income Persons” Please check the box nest 0
the aproptate underlined criterion hited below. Also, an) ional nsactons n parents

[X) Area Beneft(LMA) (Fill ourll of Form 6» must be 51% or higher)
{Limited Clientele LMc}* (Check the appropiste box below)

Servic iid won or more ofthe allowing soup resumed by HUD tobe owimodere
1) Sete (SRV ons = ”

Senior Citizens Homeless Persons
Person with Disabies __—_ Meat Persons
ater Spouses Migrant Workers
Abused Chideen Persons Living with a1DS
fa Records are kept which contin th hotehod size and total hosehod come of cents
‘roving ha SP a ow and ede
t “Te City Deparment andthe Office of Budget nd Management (BM) have determine ht
} eave ald locadon ofthe acti wl eaure hatte ajo of cence wi be Yo od
Imada income mscordanas with HUD ene‘ ease ay of gualing ie
‘Schivity exists {Hf this box x checked, all of FORM 6 must be completed)
Department Approval Low Mod
ve Ciara
08M Approval
() Laiowsing ise
() Labdopsutaaae

‘oie All prograns which dcily benefit a pesohouschald man compile the following infomation daring tbe upcoming Year
1) The total umber af peronshousehols served, and

2) ahevotl numberof cents which are
Moderate Income American Indian or Alaskan Native
Low income Hispanic

‘White = Not Hispanic Asian of Pail Islander

Black Now Hispanic FemaleHead of Houschold

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Form 6
Service Area Information

\- Delegate _CHICAGO ROSELAND DEVELOPMENT CORPORATION —__
Department Program___HOMEOWNERSHIP HOUSING COUNSELING CENTER _

Project Name HHCC

BSE AENS SLR RCOSE RS SSG sour sucatcAN AVENUE

yo p>

‘Name oft ay Ste ‘rae
‘What Ward, Community Area, and Census Tract isthe facility providing the services located i
a Conny Art: ROSELAND Cone Teams

E. Indicate Program Service Area:
1D This project will provide services citywide to al eligible individuals.

X This project will primarily serve the following Ward(s), Community area(s), and Census tract(s):
Wd) 98.92202124 ___Conmaniy Are) ROSELAND, GRAND BLVD. PULLMAN, ENGLEWOOD

cons Te): SEE BELOW

‘What are the approximate boundaries ofthe area from which your clients are drawn (specify by street name)

a CARE MICHIGAN Were _HARLENAVENUE

Low/Moderate Income Area Census Information
‘Nate: Complete chart below any if your stv i qualified under he Area net National Objective a ifthe Cty Deparenent nd he Office
‘ot Badge snd Mangere have etme ha the nie ad loon of the atv wil enue athe majority of your lens wl below snd
Ie nomen scodance with HUD crea Form 3).

‘Year 221% 2003 CDBG Delete Wark Program

UNTITLED-042
Form 6.contixus>
Service Area Information

FF. LowiModerte Income Area Census Information
Note: Compete he char low only if your activity i qualified under he Ara Benet National Objeive aif the City Deparment and the Office
‘of Budge and Management have deerme th! he mtr an location fhe cy wil ene tat te majority of our hers wile Tow and
madre nomen scortance wth HUD cea (Fm 3

(Census Tres (2) Teal Gow Mod Persons Q)Foal Pesos
04 1819 3a
7305 9 sn6
Toul 32.95 aan

4 Overall % Law/Mod_ (Total of column 2 > Total of column 3; — B30

‘Year XXIX 288 CDBG Delegate Work Program

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

B. Department Program__Homeownership Housing Counseling Centers
. Staffin charge of monitoring _Lorita Ross and_L yon 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
possibilty 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) Deseribe the methods that the department will employ to monitor and evaluate is subrecipent' programs to ensure their
progres and accomplishments, inclading the frequency of such monitoring.

‘The Deparment conducts contacting sesions with each CDBG sub-recpint (agency) prior tthe execution ofthe contact. The agency
submis the contacting session checklist documents including bat not iuted othe agency's charter, evidence of SOI-c3 stabs, evidence
of isurance coverage and current tx forms. Technical assistance is provided year ound, Oupat measurable to document the
‘ocomplisiments of national objectives mast be clearly identified and wil be clotly monitored by the program staff to ensure service are
provided tothe low-income community residents. Fiscal monitoring ste Visits include the review of program client and service les and
‘record, venfcsin of monly and quarely program accomplstment dt, pesonnel management and marketing effort

2) Describe how the department wil monitor subrecplent expenditures,

rogram managers are responsible for performing the inal review ofthe submited voucher. Fisal monitoring staf, durin site Visits,
review adainonal support documents, Le. ofgial canceled checks, nd paid invoices to ensue that requets for reimbursements submited
to the City were proper and consistent with the level of services provided. Cash receipts and disbursement jourals slong with the general
ledger will be reviewed.

3) Speciy the particular records the subrecipient must maintain and/or submit

‘The subrecipent must msintin a minimum the following
1. Separate set of accounting record, i, ash receipts, and cash disbursements jourmals ora general jour that can then be reviewed
against the general ledge for CDBG dollars.

‘Documents supporting all requests for payment,

Tax files.

4 Anendanceshests and agenda supporting community meetings

Handouts dstibutd st community meetings.

£ Clenttelepone logs.

«Files containing all substantiation for monty and quarely reports.

1. Chespeoject es.

‘Year 00% 2008 CDBG Delp Work Pg 2

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EXHIBIT E
INSURANCE REQUIREMENTS & INSURANCE CERTIFICATE

‘The kinds and amounts of insurance required areas follows:
1) Workers Compensation and Emplovers Liability

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

2) Commercial General Liability (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 libilty. Coverages must include the following: All
premises and operations, products/completed operations, separation of insureds, defense, and contractual
Fiability (with no limitation endorsement). The City of Chicago isto be named as an additonal insured on
‘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
bbe 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
‘When any professional consultants perform work or Services in connection with this Agreement,
Professional Liability Insurance covering errors, omissions, or negligent acts, must be maintained
with limits of not less than $500,000. Coverage must include contractual liability. When policies
are renewed or replaced, the policy retroactive 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

5) Medical/Professional Liability

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

‘ni Form To Ba Used Ony Fo Delegate Aguncy Agreements Funded Whol Trough Th Unit Slates Deparment Of
‘sing hn Urtan Developments Commons Development Block Grant Program (ear XK Revised 1022.

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

6) Builders Risk

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

B. Related Requirements

If the coverages have an expiration or renewal date occurring during the term ofthis Agreement, Contractor
‘must furnish renewal certificates to the Federal Funds Insurance Unit atthe above address. The receipt of
‘any certificate does not constitute agreement by the ity thatthe insurance requirements inthis Agreement
have been fully met or thatthe insurance policies indicated on the certificate are in compliance with all,
‘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 advise all insurers ofthe Agreement provisions regarding insurance.
‘Non-conforming insurance does not relieve Contractor ofits obligation to provide insurance as specified
here. Nonfulfillment of the insurance conditions may constitute a violation ofthis Agreement, and the City
retains the right to stop work or Services or terminate this Agreement until proper evidence of insurance is
provided.

“The insurance must provide for 30 days prior written notice to be given to the City inthe event coverage is
substantially changed, canceled or non-renewed.

[All deductibles or self insured retentions on referenced insurance coverages must be bome by Contractor.

Contractor agrees that insurers waive their rights of subrogation against the City of Chicago, its employees,
elected officials, agents or representatives.

“The coverages and limits furnished by Contractor in no way limit Contractors liabilities and responsibilities
specified within this Agreement or by law.

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

“The required insurance to be carried is not limited by any limitations expressed in the indemnification
language in this Agreement or any imitation placed on the indemnity inthis Agreement given as a matter
oflaw.

lly Through The Und Stats Deparment OF
Tocsing na ten Developments Commanty Development Bloc Grant Program (ear XK) Reviaas 702302).

UNTITLED-046
CERTIFICATE OF INSURANCE

k Management Resources, Inc, te
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COMPANIES AFFORDING COVERAGE
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AN Bartford Innurance Coapiny

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REST
“ CT frmelese Aa, /, fg
arles A, Wilson

Coty of cntea
Sestciner $198 anning
Neret clarw Sect
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