| Contract Summary Sheet |
|
|
| ‘Contract (PO) Number: 2143 |
| Specification Number: 11592 |
| Name of Contractor: TIA/CHICAGO CONNECTIONS |
|
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| Department: DHS |
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| ‘Title of Contract: FY 04 HOMELESS SERVICES |
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|
| Dollar Amount of Contract (or maximum compensation if a Term Agreement) (DUR): |
| $150,000.00 |
|
|
| Brief Description of Work: FY 04 HOMELESS SERVICES |
|
|
| Procurement Services Contact Person: LISA BUTTS |
|
|
| Vendor Number: 1005621 |
| ‘Submission Date: |
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| guy 15 2008 |
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|
| UNTITLED |
| Scan C op |
| BLANKET PURCHASE ORDER NUMBER: 2143 |
| FUND NUMBER: 066-53-2005-0140-0140- |
| 100-53-2005-9025-0140 |
| VeNoor cove: 10056216 |
| DEPARTMENT NUMBER: HS-2433 |
|
|
| AGREEMENT |
| BETWEEN |
|
|
| THE CITY OF CHICAGO |
| (DEPARTMENT OF HUMAN SERVICES) |
|
|
| AND |
|
|
| TRAVELERS & IMMIGRANTS AID/CHICAGO CONNECTIONS |
| (Contractor) |
|
|
| ENTERED INTO AS OF 07/01/2003 |
|
|
| HOMELESS SERVICES PROGRAM |
|
|
| RICHARD M. DALEY |
| MAYOR |
|
|
| UNTITLED-002 |
| AGREEMENT |
|
|
| This Agreement (‘Agreement’) is entered into as of 97/01/2003, by and between |
| TRAVELERS & IMMIGRANTS AIDICHICAGO CONNECTIONS, a corporation ("Contractor), whose |
| maiing address is: 208 S. LaSalle #1818, Chicago, IL_ 60604, and the CITY OF CHICAGO ('City’), |
| a municipal corporation and home rule unit of local government existing under the Constitution of the |
| State of Ilinois, acing through its DEPARTMENT OF HUMAN SERVICES ("Department"), whose |
| mailing address is: 161 West Chicago Avenue, Chicago, linois 60622, at Chicago, inci. |
|
|
| BACKGROUND INFORMATION |
|
|
| ‘The City has received grants pursuant to the Illinois Department of Human Services |
| ("IDS") Emergency Food and Shelter Grant Program and various United States Department of |
| Housing and Urban Development ("HUD") programs funded, in part, pursuant to the Stewart B. |
| Mckinney Homeless Assistance Act of 1988, 42 U.S.C. § 11301 et seq. (collectively, the "Homeless |
| Services Program Funds"). Homeless Services Program Funds are to be used to provide |
| housing and related services for the homeless. |
|
|
| ‘The City desires to enter into this Agreement to procure services with Homeless. |
| Services Program Funds and the Contractor warrants and represents that it has the professional |
| ‘experience and expertise to provide these services to the full satisfaction of the City and that itis |
| ready, willing and able to enter into this Agreement. |
|
|
| This Agreement will take effect as of 07/01/2003 and continue through 06/30/2005 |
| ("Term’), or until the Services are completed or until this Agreement is terminated whichever occurs, |
| first, and on the condition that the term is in accordance with the applicable grant agreements, |
| regulations, etc. |
|
|
| ‘Any payments under this Agreement will be made from |
| Fund Number 066-53-2005-0140-0140- / 100-53-2005-9025-0140 and are subject to annual |
| ‘appropriation and availabilty of funds. In subsequent years, the City may change the fund number at |
| its sole discretion. The maximum compensation that Contractor may be paid under this Agreement, |
| without an amendment to this Agreement authorizing a higher amount, is $150,000. (the "Maximum |
| Compensation"). |
|
|
| ‘Notwithstanding the Maximum Compensation, the amount of funds the City commits to |
| pay to the Contractor as of the effective date of this Agreement (“Committed Compensation’) is |
| limited to $50,000,, and such amount is reflected in the "Budget Summary,” attached as Exhibit C |
| land incorporated by reference. If the City has funds available, and those funds are appropriated for |
| the services/programs covered by this Agreement and the grant agreements, if any, associated with |
| those funds authorize the expenditure of the funds during the time period associated with the |
| increased Committed Compensation, then the City, in its sole discretion, may increase the amount of |
| ‘Committed Compensation by written notification from the Commissioner of the Department of Human |
| Services ("Commissioner") to the Contractor and subject to the satisfactory submission of a revised |
| Budget Summary by the Contractor. The Contractor must submit a revised Budget Summary to the |
|
|
| Background Information - Page 1 of 2 |
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|
| UNTITLED-003 |
| and subject to the satisfactory submission of a revised Budget Summary by the Contractor. |
| ‘The Contractor must submit a revised Budget Summary to the Department, for approval by the |
| Department and the City Comptroller (Attention: Special Accounting Division), reflecting such |
| ‘additional funds, the cumulative Committed Compensation and the revised fund number. |
| Once approved by the Department and the City Comptroller, the revised Budget Summary will |
| ‘supersede the Budget Summary, attached as Exhibit C. In no event will the cumulative |
| ‘Committed Compensation exceed the Maximum Compensation without a written amendment |
| to this Agreement. In the event that the City pays the Contractor the total amount of |
| ‘Committed Compensation for the Services without providing written notification of an increase |
| in the amount of Committed Compensation, this Agreement will automatically terminate at the |
| time the final payment totaling the Committed Compensation is mad |
|
|
| {and to the extent the City makes any payments to the Contractor for the Contractor's |
| provision of services pursuant to particular project ("Project") under this Agreement from a |
| source of funds other than City funds ("Non-City Funds") from a United States (‘Federal’) or |
| State of Ilinois ("State") department or agency ("Funding Agency’), the Contractor must |
| comply with all the Terms and Conditions of this Agreement, with all grant agreements, |
| pursuant to which the City received the Non-City Funds and also with the additional |
| requirements ("Additional Requirements") associated with those Non-City Funds, which may |
| be found in Exhibit A |
|
|
| Non-City Funds include funds received by the City under: (1) IDHS' Emergency Food |
| and Shelter Grant Program; (2) HUD's Supportive Housing Grant Program; (3) HUD's Shelter |
| Pius Care Program; and (4) HUD's Emergency Shelter Grant Program. |
|
|
| ‘The Additional Requirements pertaining to IDHS' Emergency Food and Shelter Grant |
| Program include, but are not limited to, those contained in Article Lof Exhibit A. The Additional |
| Requirements pertaining to HUD’'s Supportive Housing Grant Program include, but are not |
| limited to, those contained in Article lof Exhibit A. The Additional Requirements pertaining to |
| HUD's Shelter Plus Care Program include, but are not limited to, those contained in Article Ill |
| OfExhibitA. The Additional Requirements pertaining to HUD's Emergency Shelter Grant |
| Program include, but are not limited to, those contained in ticle IV of Exhibit A. Finally, the |
| ‘Additional Requifements pertaining to construction and rehabilitation services funded with |
| HUD's Emergency Shelter Grant Program inciude, but are not limited to, those contained in |
| Atticle V of Exhibit A |
|
|
| The Contractor warrants and represents that, with respect to any Non-City Funds from |
| Which the City makes payments to the Contractor for the provision of services pursuant to a |
| Project, neither it nor any ofits employees, agents or Subcontractors of any tier wil actor fail |
| to act in any way that would cause the City to violate any of the grant agreements under which |
| the City received the pertinent Non-City Funds. |
|
|
| Now Therefore, the parties agree as follows: |
|
|
| Background Information - Page 2 of 2 |
|
|
| UNTITLED-004 |
| INCORPORATION OF BACKGROUND |
| INFORMATION AND EXHIBITS: |
|
|
| ‘The Background Information is incorporated |
| by reference. |
|
|
| “The following attached Exhibits are made a |
|
|
| part of this Agreement: |
| ExhibitA Additional Requirements |
| Exhibit B Scope of Services |
| Exhibit Budget Summary |
| Exhibit Economic Disclosure |
| Statement & Affidavit |
| Exhibit€ Insurance Requirements & |
| Insurance Certificate |
| Exhibit HIPPA Requirements |
|
|
| ‘TERM AND FUNDING |
| 24 CONTRACT PERIOD |
|
|
| ‘The Term of this Agreement is noted in the |
| Background Information. Also, the |
| ‘Contractor acknowledges that in the |
| performance of the Services, TIME IS OF |
| ‘THE ESSENCE, |
|
|
| 22 PROGRAM FUNDING |
|
|
| ‘Any payments during the first year of this |
| ‘Agreement will be made from the Fund |
| Number shown in the Background |
| Information and is subject to annual |
| appropriation and availabilty of funds, For |
| ‘each subsequent year, the revised fund |
| ‘number willbe included on the revised |
| Budget Summary and is subject to annual |
| ‘appropriation and availablity of funds. The |
| Maximum Compensation that Contractor |
| ‘may be paid without an amendment |
| ‘authorizing a higher amount, is noted in the |
| Background Information |
|
|
| The Ciy, ints sole discretion, may reduce |
|
|
| ‘Terms and Conditions - Page 1 of 26 |
|
|
| the Maximum Compensation or Committed |
| ‘Compensation at any time, upon witen |
| ‘notice to the Contractor. Upon reduction of |
| the Maximum Compensation or Committed |
| ‘Compensation, the Contractor wil fully |
| ‘cooperate withthe Ciy’s deobligation |
| ‘andlor reprogramming of funds. |
|
|
| 23. 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 Cty, the Contractor will deliver to the |
| Cty all inished or unfinished documents, |
| data, studies, and reports prepared by the |
| Contractor under this Agreement. Payment |
| for the work performed before the effective |
| date of such termination will be based upon |
| ‘a proration of the work actually performed |
| by the Contractor to the date of termination, |
| as determined by the Chief Procuremant |
| Officer. Payment made by the City, |
| pursuant to such proration, will be in full |
| Settlement forall Services rendered by the |
| Contractor. |
|
|
| 2 |
|
|
| CONTRACTOR CONTRIBUTIONS. |
|
|
| ‘The Contractor wil contribute tothe |
| payment of expenses incured in performing |
| the Services, the amounts, it any. cescribed |
| in Exhbit ©. “The Contractor’ controution |
| willbe cash or in-kind |
|
|
| 2.5 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 City may notify Contractor |
| in writing of such occurrence and this |
| ‘Agreement will terminate on the earer of |
| the last day ofthe fiscal period for which |
| ‘sufficient appropriation was made or |
| whenever the funds appropriated for |
| payment under this Agreement are |
| ‘exhausted. No payments will be made or |
|
|
| UNTITLED-005, |
| ‘due to the Contractor under this Agreement |
| beyond those amounts appropriated and |
| budgeted by the City to fund payments, |
| under this Agreement. |
|
|
| ARTICLE 3 |
| DUTIES OF THE CONTRACTOR |
|
|
| 3. SCOPE OF SERVICES |
| (WORK PROGRAM) |
|
|
| ‘The Contractor wil carry out the Services |
| pursuant tothe Scope of Services (Work |
| Program), attached as Exhibit and |
| incorporated by reference, and the Budget |
| Summary, attached as Exhibit C and |
| incorporated by reference, in accordance |
| with the requirements ofthis Agreement |
| ‘The Scope of Services (Work Program) is |
| intended to be general in nature and is |
| neither a complete description ofthe |
| Contractors Services nora limitation on the |
| ‘Services which the Contractor wil provide. |
|
|
| 3.2 STANDARD OF PERFORMANCE |
|
|
| ‘The Contractor will perform all Services |
| under this Agreement with the degree of |
| ‘kil, care and dligence normally shown by |
| ‘a contractor performing services of a scope, |
| [purpose and magnitude comparable with |
| the Services ("Standard of Performance”) |
| ‘The Contractor will use its best efforts on |
| behalf of the City to assure timely and |
| Satisfactory completion of the Services. |
|
|
| Ifthe Contractor fais to comply with the |
| Standard of Performance, the Contractor |
| will continue to perform any Services |
| required by the City as a result of the |
| Tailure. This provision in no way limits the |
| City’s legal or equitable rights against the |
| Contractor. |
|
|
| ‘Terms and Conditions - Page 2 of 26 |
| 3.3 CONTRACTOR'S PERSONNEL |
|
|
| If 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 for the duration of the Services, a |
| Staff of competent personne! that is fully |
| licenced, equipped, competent and qualified |
| to perform the Services. The Contractor will |
| retain and make available to the Ciy, state |
| ‘and federal agencies governing funds |
| provided under this Agreement, proof of |
| Certification or expertise including, but not |
| limitad to, licences, resumes and job |
|
|
| descriptions. |
|
|
| 3.4 MINORITY-OWNED AND WOMEN- |
| ‘OWNED BUSINESS ENTERPRISE |
| PROCUREMENT PROGRAM |
|
|
| ‘A. Ifonly Non-City finds are expended |
| pursuant to this Agreement and the |
| Contractor's Scope of Services. |
| (Work Program) is solely limited to |
| ‘social services (including, but not |
| limited to job taining and |
| placement, education, child day |
| ‘are, emergency shelter, home- |
| <elivery meals and health care), |
| then the Contractor need not comply |
| with the Minority-Owned and |
| Women-Owned Business Enterprise |
| Procurement Program (the |
| “MBE/WBE Ordinance”). Municipal |
| Gode ofthe City of Chicago (the |
| “Municipal Code") Section 2-22-420 |
| etseg. |
|
|
| B. If, however, City unds are expended |
| pursuant fo this Agreement or the |
| Contractor's Scope of Services |
| (Work Program) includes |
| Construction, renovation, |
| rehabiltation or facility |
| enhancement, the Contractor must |
| comply with the MBE/WBE |
| Ordinance, except tothe extent |
| waived by the Chief Procurement |
|
|
| UNTITLED-006 |
| Officer. |
| NON-DISCRIMINATION |
|
|
| {In performing its Services under this |
| ‘Agreement, Contractor must comply |
| with applicable laws prohibiting |
| discrimination against individuals |
| ‘and groups. |
|
|
| Federal Requirements |
|
|
| In performing the services under this |
| ‘Agreement and in its employment |
| practices the Contractor must not |
| ‘engage in unawful employment |
| practices, such as: |
|
|
| 1. failing or refusing to hire or |
| discharging 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 individuals |
| race, color, religion, sex, |
|
|
| ‘age, handicap/disabilty or |
| rational ongin; oF |
|
|
| limiting, segregating, or |
| dassiying its employees or |
| _2pplicants for employment in |
| ‘any way that would deprive |
| cortend to deprive any |
| individual of employment |
| opportunities oF otherwise |
| adversely affect the |
| individual's status as an |
| employee, because ofthat |
| individual's race, cole, |
| religion, sex, 290, |
| handicaplcisabity or |
| national oni. |
|
|
| In discharging the |
| responsiblities required by |
| the terms and conditions of |
| this Agreement, the |
| Contractor will comply with |
| the Civil Rights Act of 1984, |
|
|
| ‘Terms and Conditions - Page 3 of 26 |
|
|
| 42 USC. § 2000e et sea., |
| ‘as amended and the Civil |
| Fights Act of 1991,P.L. 102- |
| 168; Executive Order No. |
| 11246, as amended by |
| Executive Order No. 11875 |
| ‘and by Executive Order No. |
| 12086; the Age |
| Discrimination Act of 1975, |
| 42 U.S.C. §§ 6101-6106; |
| ‘Age Discrimination in |
| Employment Act, 29 U.S.C. |
| |§§621-34; Tile OX of the |
| Education Amendments of |
| 1972, as amended (20 |
| U.S.C. 1681-83 and 1685- |
| £86); the Rehabilitation Act of |
| 1973, 29 US.C. §§ 793-794; |
| the Americans with |
| Disabilities Act, 42 U.S.C. § |
| 12101 et seq.; 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 ilinois Human |
| Rights Act, 775 ILCS 5/1-101 at |
| ‘$00, the Public Works Employment |
| Discrimination Act, 775 ILCS. |
| 10/0.01 et seq. and any rules and |
| regulations promulgates thereunder, |
| ‘including, but not limited to, the |
| Equal Employment Opportunity |
| ‘Clause, 44 II. Admin. Code § 750 |
| Appendix A, and all other applicable |
| slate statutes, regulations and other |
| laws. |
|
|
| Gity Requirements |
|
|
| In performing the services under this |
| Agreement, the Contractor will |
| ‘comply with the Chicago Human |
| Rights Ordinance, Municipal Code § |
| 2-160-010, and all other applicable |
| City ordinances and rules. Further, |
| the Contractor must furnish, and |
| cause every subcontractor to |
| furnish, such reports and information |
|
|
| UNTITLED-007 |
| ‘as may be requested from time to ‘33 North LaSalle Street |
| time by the Chicago Commission on oom 800 |
| Human Relatons. ‘Chicago, Itinois 60602. |
|
|
| ‘Subcontractors Required to |
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| Comply 3.7 INDEMNIFICATION |
| ‘The Contractor wil incorporate all of |
|
|
| the provisions set forth in this A. Contractor must defend, indemnity, |
| Section in all subcontracts entered keep and hold harmless the City, ts |
| into with all suppliers of materials, officers, representatives elected |
| fumishers of services, and appointed officials, agents and |
| subcontractors of any ter, and labor {employees from and against ary |
| ‘organizations which furnish skiled, ‘and a Losses, inciuding those |
| LUnsklled and craft union skilled related to: |
| labor, or which may provide any |
| Imatetias, labor or services in 1k Injury, death or damage of or |
| Connection wit this Agreement to any person or property; |
| ‘The Contractor must cause its fi. any intingement or oation |
| subcontractors to execute such cof any property right |
| corticates as may be necessary in {including any patent, |
| furtherance of these provisions. trademark of copyright); |
| ‘Such catfications wil be attached |
| and incorporated by reference inthe i, faire to pay or perform or |
| applicable subconvacts. Wany cause to be paid or |
| Subcontractor isa partnership or Performed Contractor's |
| Joint venture, the Contractor wil atso Covenants and obligations as |
| include provisions in its subcontract and when required under this |
| insuring tna the ents comprising ‘Agreement oF otherwise to |
| such partnership or joint venture wil, ay or perform its obligations |
| be jinty and severally lable for the to any Subcontractor, |
| partnership's or ont venture's |
| Sbligatons under the subcontract. iv. the Cit’ exercise ofits |
| rights and remedies under |
| INSURANCE this Agreement, and |
| Contractor must provide and ¥. injuries to or death of any |
| maintain or cause to be provided employee of Contractor or |
| <during the term ofthis Agreement any Subcontracir under any |
| insurance coverages and workers compensation |
| requirements spectied in Exhibit, Satute |
|
|
| insuring all operations related to this |
| ‘Agreement. Contractor must submit |
|
|
| “Losses” means, individually and |
|
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| Conticates of insurance of the collectively, lables of every kind, |
|
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| required coverage's prot to tis including losses, damages and |
|
|
| ‘Agreement being fll executed to ‘easonable costs, payments and |
|
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| ‘expenses (such as, but nt lites |
|
|
| ty of Chicago to, court costs and reasonabie |
| Compilers Ofice atiomeys foes and disbursements), |
| Federal Funds insurance Claims, demands, actions, suis. |
| unit proceedings, judgments or |
|
|
| UNTITLED-008 |
| settlements, any or all of which in |
| any way arise out of oF relate to the |
| acs or omissions of Contractor, its |
| ‘employees, agents and |
| ‘Subcontractors. |
|
|
| [At the City Corporation Counsel's |
| ‘option, Contractor must defend all |
| suits brought upon all such Losses |
| land must pay all costs and |
| ‘expenses incidental to them, but the |
| Cty has the right, a 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 with |
| the prior written consent of the City |
| Corporation Counsel, i the |
| Settlement requires any action on |
| the part ofthe City. |
|
|
| To the extent permissible by law, |
| Contractor waives any mits to the |
| ‘amount ofits obligations to |
| Indemnify, defend 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, 620 |
| ILCS 305/1 et sea. or any other law |
| oF judicial decision (such as, Koteck! |
| v. Cyclops Welding Corporation. 146 |
| WL 24 185 (1991)). The City, |
| however, does not waive any |
| limitations it may have on its iabilty |
| Under the Hlinois Workers |
| ‘Compensation Act, the illinois |
| Pension Code or any other statute. |
| Contractor's waiver under this |
| provision, however. is not intended |
| ‘and does not require Contractor to |
| indemnify the City for the City’s own |
| ‘negligence in violation of the |
| Construction Contract |
| Indemnification for Negligence Act |
| (Antiindemnity Act’), 740 LCS. |
| 35/0.01 et seq, ifthe Anti-Indemnity |
| ‘Act applies. |
|
|
| ‘The indemnities contained ia this |
|
|
| Terms and Conditions - Page 5 of 26 |
|
|
| ‘section survive expiration or |
| termination ofthis Agreement for |
| ‘matters occurring or arising during |
| {he term ofthis Agreement or as the |
| result of or during the Contractor's |
| performance of Services beyond tho |
| term. Contractor acknowledges that |
| the requirements set forth inthis |
| section to indemnity, keep and save |
| hharmiess and defend the City are |
| apart from and not limited by the |
| Contractor's duties under this |
| ‘Agreement, including the insurance |
| requirements in Exhibit E. In the |
| ‘event that a court or other |
| governmental authority having |
| ‘Competent jurisdiction determines. |
| any portion or provision ofthis |
| ‘Section to be inoperative or |
| tunenforceable pursuant to the Ant- |
| Indemnity Act, the inoperative or |
| ‘unenforceable portion or provision |
| will be deemed severed and deleted, |
| and the remaining provisions will |
| remain enforceable to the maximum |
| ‘extent permitted by appicable law. |
|
|
| 3.8 NON-EXPENDABLE PERSONAL |
| PROPERTY |
|
|
| ‘The Contractor wil comply with all Federal, |
| State and Local laws and ordinances |
| regarding property management. |
|
|
| ‘The Contractor wil request and receive |
| written authorization trom the City prior to |
| the purchase of tangible personal property |
| having a useful life of more than 1 year |
| land 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 wil |
| 'be the property ofthe City to the extent that |
| ‘Such property Is not the property of the |
| federal government or the State of Iino. |
|
|
| The Contractor will maintain a current |
|
|
| UNTITLED-009 |
| {inventory listing of such Non-expendable |
| Personal Property and wil deliver a copy of |
| ‘such listing to the City on an annual bass. |
|
|
| ‘The Contractor will return all |
| 'Non-expendable Personal Property to the |
| 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 of all |
| Non-expendable Personal Property, the City |
| ‘may alow such property to remain in the |
| possession ofthe 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 for the |
| City |
|
|
| 3.9 SUBCONTRACTS |
|
|
| ‘Al subcontracts and all approvals of |
| ‘subcontractors, regardless of their form, will |
| 'be deemed to be conditioned upon |
| performance by the subcontractor in |
| ‘accordance with the terms and conditions of |
| this Agreement. The approval of |
| subcontractors will under no circumstances |
| operate to relieve the Contractor of any of |
| its obligations or abilties under this |
| ‘Agreement. |
|
|
| Upon entering into any subcontract, the |
| Contractor will 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 |
| ferms and conditions of this Agreement and |
| that the subcontractor is subject to all of the |
| terms and conditions of this Agreement, |
| including the rights ofthe City to approve or |
| disapprove of the use of any subcontractor. |
| ‘As long as such subcontracts do 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 different |
| provisions than are provided inthis |
| ‘Agrooment, |
|
|
| 3.40 PROGRAM INCOME, |
|
|
| ‘The Contractor will return tothe 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 real or personal property acquired |
| by the Contractor with City funds, |
| less the cost incidental to the |
| ‘generation of such income; |
|
|
| D. gross income from the use or rental |
| ‘of real property owned by the |
| ‘Contractor that was constructed or |
| improved with City funds, less the |
| ‘costs incidental to the generation of |
| ‘such income; |
|
|
| E._proceeds from the sale of |
| ‘bigations secured by loans made |
| with City funds; |
|
|
| F. interest eared on funds held in 2 |
| revolving fund account; |
|
|
| G. interest earned on Program Income |
| Bending depostion of euch nome: |
|
|
| H. funds collected through special |
| assessments made against |
| properties owned and occupied by |
| householes of low and moderato |
| income persons where such |
| ‘assessments are used to recover: |
| ‘or part of the City's portion of a |
| public improvement. |
|
|
| UNTITLED-010 |
| 314 |
|
|
| 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, of corporate entity which |
| includes such religious uses. |
|
|
| “Religiously Afiated Organization” |
| ‘means an entity with a secular |
| purpose, which is affliated with 2 |
| Pervasively Sectarian Organization |
| ‘or whose members are motivated by |
| a reigious purpose. |
|
|
| "Line-ltem-Services Agreement |
| means an Agreement forthe |
| provsion of tems (e.g., meals, |
| vaccinations, etc.) or services (e.9. |
| homeless services, job training, child |
| care, medical care, etc), which sets. |
| forth each particular type of |
| expenditure for which Contract |
| amounts are to be spent, and which |
| Is based on the number of persons |
| to be served |
|
|
| ‘The Contractor warrants that in |
| providing the Services: |
|
|
| i. itwill not discriminate against |
| ‘any employee or applicant |
| for employment on the basis |
| ‘of religion and wil not lit |
| ‘employment or give |
| preference to persons on the |
| basis of reigion, unless |
| otherwise expressly allowed |
| bylaw; |
|
|
| H._itwill not discriminate against |
| ‘any person applying forthe |
| Services on the basis of |
| religion and will not imi the |
| Services or give preference |
| {to persons on the basis of |
| religion; |
|
|
| ‘Terms and Condition |
|
|
| Page 7 of 26 |
|
|
| 1, twill not provide religious |
| instruction, conduct religious |
| worship or services, or |
| ‘engage in religious |
| proselytizing, nor, unless |
| ‘otherwise expressly allowed |
| by law, will it provide |
| religious counseling or exert |
| ‘other religious influence in |
| the provision of the Services. |
|
|
| IW this Agreement is any type of |
| agreement other than a Line-ttem- |
| Services Agreement, the Contractor |
| warrants that itis not a Pervasively |
| Sectarian Organization. |
|
|
| If the Contractor is a Pervasively |
| Sectarian Organization, then |
| Contractor warrants that it will nt |
| Use any funds received under this |
| ‘Agreement for any general purposes |
| fof the Contractor, and that it wil |
| retum tothe City any such funds not |
| spent by iton the Services, promptly |
| ‘upon completion of the Services or |
| termination ofthis Agreement in |
| ‘accordance with its terms, |
| whichever occurs earlier. |
|
|
| I the Contractor is a Religiously |
| Afliated Organization and it |
| receives funds under this Agreement |
| {or construction, rehabilitation oF |
| facility enhancements |
| (Cimprovements") of premises, the |
| ‘Contractor warrants that the |
| premises will be used for wholly |
| ‘secular purposes and that if, during |
| the useful life ofthe Improvements, |
| the premises are ever used for any |
| religious purposes by the |
| Contractor, its successors or |
| assigns, the Contractor will |
| reimburse the City forthe present |
| value of the Improvements, up to the |
| ‘amount of funds provided by the City |
| for the improvements. |
|
|
| ‘The Contractor's breach of any of |
| the warranties described inthis |
|
|
| UNTITLED-011 |
| ‘Section 3.11. in adion to any other |
| remedies avaiable a a, n equty |
| or under his Agreement, enites the |
| City to void his Agreement and |
| fecapture all funds given tothe |
| Contractor under this Agreement. |
|
|
| 342 DRUG-FREE WORKPLACE |
|
|
| ‘The Contractor must administer a policy |
| designed to ensure that the program facility |
| is free from the ilegal use, possession, or |
| <stibution of drugs or alcohol by its |
| beneficiaries. The Contractor must further |
| maintain a drug free workplace in |
| ‘accordance withthe requirements of the |
| Drug Free Workplace Act of 1988 (Pub. L. |
| 100-690 and 24 C.F-.R. Part 24, Subpart F), |
| ‘and the Ilinois Drug Free Workplace Act |
| (G0 ILCS 580/1 et sea.) and must |
| implement specific policies and guidelines |
| ‘as may be adopted by the City. In addition, |
| the Contractor must execute certifications |
| pursuant to the Drug Free Workplace Act of |
| 11988, as may be requested by the |
| Department. |
|
|
| Contractor will establish procedures and |
| policies to promote a drug free workplace. |
| Further, Contractor wil notify all employees |
| Of its polly for maintaining a drug free |
| workplace, and the penaites that may be |
| imposed for drug abuse violations occurring |
| inthe workplace. The Contractor will notify |
| the City if any of its employees are |
| convicted of a criminal drug offense in the |
| workplace no later than 10 calendar days. |
| after such conviction. |
|
|
| 3.13 ACKNOWLEDGMENT OF |
| FUNDING SOURCES |
|
|
| A. The Contractor wil not make any |
| public announcement with respect to |
| the Services without the prior writen |
| ‘approval ofthe City. The Contractor |
| will conspicuously acknowledge the |
| ‘co-sponsorship ofthe City on all |
| ‘promotional materials including, but |
|
|
| ‘Terms and Conditions - Page 8 of 26 |
|
|
| ‘not limited to, brochures, flyers, |
| ‘written or electronic public notices, |
| news releases, public service |
| ‘announcements, acknowledgments |
| ‘at any special events intended to |
| ‘promote the Services, or solicitation |
| Of the private sector. ‘The |
| ‘Contractor will not atribute any |
| statement to the City without the |
| City's prior written approval |
|
|
| All reports, maps and other |
| documents completed as part ofthis |
| ‘Agreement, other than documents |
| exclusively for internal use within the |
| City, will contain the following |
| information in 2 conspicuous place |
| Con the front ofthe report, map or |
| document: |
|
|
| i. the name of the City of |
| ‘Chicago; |
|
|
| the month and year of |
| preparation; and |
|
|
| fil, the name of the project |
|
|
| Also, if the Contractor is expending |
| federal funds under this Agreement, |
| the Contractor, when issuing |
| Statements, press releases, |
| requests for proposals, bid |
| solicitations, and other documents |
| describing projects or programs |
| funded in whole or in part with |
| federal money, will leary state: |
|
|
| i. the percentage of the total |
| ‘costs of the program or |
| project which wil be financed |
| with federal money; |
|
|
| the dolar amount of federal |
| funds forthe project or |
| program, and |
|
|
| Til, the percentage and dolar |
| ‘amount of the total costs of |
|
|
| UNTITLED-012 |
| the project or program that |
| willbe financed by |
| ‘nongovernmental sources. |
|
|
| ‘Such statement must not represent |
| (or suggest in any way that the views |
| expressed are those of the federal |
| government. |
|
|
| REF 1G, |
| ‘DOCUMENTATION |
|
|
| 4.1 REPORTING REQUIREMENTS |
|
|
| For fiscal year 2004, Contractor must |
| submit its programmatic performance |
| reports on a quarterly basis as indicated in |
| its CDHS Report Package to the Grants |
| Management Division of the Department. |
| Contractor must also submit its Shettor |
| Giearinghouse Report on a daily basis, the |
| HUD Shelter Plus Care Report on a weekly |
| basis (if applicable) to the Family Support |
| Services Division of the Department. |
|
|
| 42 RECORDS |
|
|
| ‘The Contractor will maintain and make |
| available tothe City information such as, |
| but not limited to, dates of and reports oF |
| ‘memoranda describing the Contractor's |
| ‘actives that is necessary to assist the City |
| in its compliance with all applicable laws. |
| The Contractor will maintain all documents. |
| Pertaining to this Agreement including, but |
| ‘ot limited to, all financial, statistical, |
| property and participant information| |
| ‘documentation |
|
|
| ‘The Contractor will retain books, |
| documentation, papers, records and |
| ‘accounts in connection with this Agreement |
| ina safe place for at least 5 years after the |
| City and, if applicable, the federal |
| ‘government determines that the Contractor |
| hhas met all closeout requirements for this |
|
|
| ‘Terms and Condition |
|
|
| Page 9 0f 26 |
|
|
| ‘Agroement, and will keep them open to |
| ‘audit, inspection, copying, abstracting and |
| transcription, and will make these records |
| available tothe City, the United States |
| ‘Comptroller General or the Auditor General |
| Of the State of Ilinois at reasonable times |
| during the performance of ts Service. |
|
|
| I 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 will maintain |
| ‘and make availabe to the City, the U.S. |
| ‘Comptroller General and Auditor General of |
| the Stat of ilinois detailed records |
| ‘supporting Contractors 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 propery al costs of whatever nature |
| Claimed to have been incurred and |
| anticipated to be incurred for or in |
| ‘connection with the performance ofthis |
| ‘Agreement. This system of accounting |
| ‘must be in accordance with generally |
| accepted federal accounting principles and |
| practices, as set forth in the applicable |
| OMB Circulars A-21, A-87, A-102, A-110, |
| AAN22 and A-133. |
|
|
| ‘The Contractors fallure to maintain any |
| books, records and supporting documents |
| Tequired 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 avaiable to support their purported |
| disbursement |
|
|
| 'No provision in this Agreement granting the |
|
|
| City a night of access to records and |
| documents impair, mits or affects any |
|
|
| UNTITLED-013 |
| right of access to such records and |
| documents that the City would have had in |
| the absence of such provisions. |
|
|
| 43° AUDIT REQUIREMENT |
|
|
| It the Contractor is a not-for-profit |
| ‘corporation and is expending federal funds |
| Lunder this and other agreements totaling |
| '$300,000 or more during its fiscal year, |
| ‘must submit an audit conducted in |
| ‘accordance with OMB Circular A-133 |
| {entitled “Audits of States, Local |
| Governments and Non-Profit |
| Organizations"), the compliance |
| requirements set forth in OMB Compliance |
| ‘Supplement, and any additional testing and |
| reporting required by the City. fan A133, |
| audit is required, that audit must cover the |
| time period specified by OMB Circular A- |
| 4133 and its implementing regulations. |
| Organization-wide audited financial |
| statements must, at a minimum, cover the |
| ‘Term of this Agreement. |
|
|
| the Contractor is a for-profit entity, then it |
| is subject to the annual audit requirements |
| under generally accepted government |
| ‘auditing standards (Government Auditing |
| ‘Standards) promulgated by the Comptroller |
| General ofthe United States (for-profit |
| entities). |
|
|
| ‘The Contractor acknowledges that the City |
| ‘may perform, of 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 aueit |
| roporis within 6 months after the end of tho |
| ‘audit period. The Contractor must submit, |
| the audit, within this time frame, to the |
| Department and to: |
|
|
| City Department of Finance |
|
|
| ‘Terms and Conditions - Page 10 of 26 |
|
|
| Internal Audit |
| Audit Compliance Unit |
|
|
| 33 North LaSalle Street, Room 800 |
| Chicago, inois 60602. |
|
|
| If an OMB audit is required, the Contractor |
| will also send a copy of the auclt, within the |
| ‘same time frame indicated in Sec, 320 of |
| (OMB Circular A-133, to: |
|
|
| Federal Audit Clearinghouse |
| Bureau of the Census |
|
|
| 1201 €. 10th Street |
| Jffersonville, IN 47132 |
|
|
| Further, the Contractor must submit, with |
| the audit, a report which comments on the |
| findings and recommendations inthe audit, |
| including corrective action planned or taken, |
| no 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 retains its right to independently |
| audit the Contractor. |
|
|
| If the Contractor is found in non-compliance |
| with these audit requirements, by either the |
| City or any federal agency, the Contractor |
| ‘may be required to refund financial |
| assistance received from the City or the |
| applicable federal agency(ies) |
|
|
| ‘The City may in its sole discretion audit the |
| records of Contractor or its Subcontractors, |
| ‘or both, at any time during the term of this |
| Contract or within five years after the |
| Contract ends, in connection withthe |
|
|
| (goods, work, or services provided under |
| this Contract. Each calendar year or partial |
| Calendar year is considered an “audited |
| period." If, 2s a result of such an aucit, itis |
| ‘determined that Contractor of any of ts |
| ‘Subcontractors has overcharged the City in |
|
|
| UNTITLED-014 |
| the audited period, the City wil notify |
| Contractor. Contractor must then promptly |
| reimburse the City for any amounts the City |
| has paid Contractor due to the overcharges |
| {and also some or all of the cost of the audit, |
| as follows: |
|
|
| A. Ifthe audit has revealed |
| ‘overcharges to the City |
| representing less than 5% of |
| the total value, based on the |
| contract prices, ofthe goods, |
| work, or services provided in |
| the audited period, then the |
| Contractor must reimburse |
| the City for 50% of the cost |
| (of the audit and 50% of the |
| cost of each subsequent |
| ‘audit that the City conducts; |
|
|
| B. If, however, the audit has. |
| revealed overcharges to the |
| City representing 5% or more |
| Cf the total value, based on |
| the contract prices, of the |
| ‘goods, work, or services |
| provided in the audited |
| period, then Contractor must |
| reimburse the City forthe full |
| cost of the audit and of each, |
| subsequent audi |
|
|
| Falure of Contractor to reimburse the City |
| in accordance with A or B above is an event |
| ‘of default under this Contract, and |
| Contractor wil be liable for all ofthe City’s |
| Costs of collection, including any court costs |
| ‘and attorneys’ feos. |
|
|
| 44 CONFIDENTIALITY |
|
|
| ‘Ad reports, deliverables and documents. |
| prepared, assembled or encountered by or |
| provided to the Contractor under this |
| ‘Agreement are property ofthe City and are |
| confidential, and the Contractor warrants |
| and represents that, except as may be |
|
|
| ‘Terme and Conditions - Page 11 of 26 |
|
|
| required by law, the reports, deliverables |
| ‘and documents will not be made available |
| to any other individual or organization |
| without the prior written consent ofthe |
| ‘Commissioner of the Department |
| ("Commissioner"). The Contractor will |
| 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 |
| hich 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 a subpoena |
| duces tecum regarding any records, data or |
| documents which may be in the |
| Contractor's possession by reason of this |
| ‘Agreement, the Contractor will immediately |
| ‘ve notice to the Commissioner and the |
| City’s Corporation Counsel with the |
| understanding that the City will have the |
| ‘opportunity fo contest such process by any |
| ‘means availabe to it, before such records. |
| ‘oF documents are submitted to @ court or |
| ‘other third party. The Contractor will not be |
| ‘bligated to withhold such delivery beyond |
| that time as may be ordered by the court or |
| administrative agency, unless the subpoena |
| (request is quashed or the time to |
| produce is otherwise extended, |
|
|
| To the extent not defined here, the |
| capitalized terms in Exhibit F wall have the |
| ‘same meaning as set forth in the Health |
| Insurance Portability and Accountabilly Act |
| (Act). See 45 CFR parts 160 and 164, |
| Contractor and al its subcontractors must |
| ‘comply with the Act and all rules and |
| regulations applicable to it including the |
|
|
| UNTITLED-015, |
| Privacy Rule, which sets forth the |
| ‘Standards for Privacy of individually |
| {entifiable 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, if Contractor is a Business |
| Associate it must comply with all |
| requirements of the Act applicable to |
| Business Associates including the provisions |
| Contained in Exhibit F. |
|
|
| If the Contractor falls to comply with the |
| applicable provisions under the Act, such |
| {alures will constitute an event of default |
| Under this Agreement for which no |
| ‘opportunity for cure will be provided |
|
|
| 43 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; |
|
|
| B. —tohave access at all times to all staff |
| Supported under this Agreement |
| whenever requested; |
|
|
| €. to make physical inspections of the |
| premises used by the Contractor in |
| the performance of the Services and |
| torequire such physical safeguards to |
| Safeguard the property and/or |
| equipment authorized including, but |
| ‘ot imited to, requiring locks, alarms, |
| safes, fire extinguishers and sprinkler |
| systems; and |
|
|
| Terms and Conditions. |
|
|
| age 12 of 26 |
|
|
| D. tobe present at any and all meetings |
| held by the Contractor, including, but |
| ‘ot limited to, staff meetings, board of |
| directors meetings, advisory |
| committee meetings and advisory |
| ‘board meetings, if]an item relating to |
| this Agreement isto be discussed |
|
|
| “The Contractor will make staff available on a |
| regular basis at meetings convened by the |
| Department, for the purpose of, but not |
| limited to, making presentations, answering |
| questions, and addressing issues related to |
| the Services, The Contractors chio! |
| 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 |
| Department. |
|
|
| Nothing in this Agreement will be construed |
| as restricting or otherwise limiting the rights of |
| the City toward the appropriate management |
| of this program, |
|
|
| 48 INTELLECTUAL PROPERTY |
|
|
| ‘A. Patents and Copyrights: |
|
|
| The City reserves an exclusive, |
| perpetual and irrevocable license 10 |
| ‘reproduce, publish or otherwise use, |
| and to authorize others to use, for |
| City purposes, inciuding, but ‘not |
| limited to, commercial expoitation: |
|
|
| 1. the copyright or patent in any |
| work developed under this, |
| ‘Agreement; and |
|
|
| any rights of copyright or |
| palent io which the Contractor |
| purchases ownership with the |
| funds awarded pursuant to |
| this Agreement |
|
|
| UNTITLED-016 |
| If the federal government determines |
| that a patent or copyright which is |
| developed or purchased by the |
| Contractor serves a federal |
| government purpose, a royalt-tree, |
| ‘non-exclusive and irrevocable license |
| will vest inthe federal government. |
|
|
| ‘Any discovery or invention arising out |
| (of, oF 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 7 CFR Part 401 |
|
|
| ‘Ownership of Documents |
|
|
| Al required submittals, including but |
| not limited to work products, |
| ‘materials, documents, and reports, if |
| any, described in Exhibit B, willbe the |
| property of the City. During the |
| performance of the Services, the |
| Contractor willbe responsible for any |
| loss or damage to the documents |
| while they are in its possession and |
| any such document lost or damaged |
| willbe restored at the expense of the |
| Contractor. If not restorable, the |
| Contractor wal be responsible for any |
| loss suffered by the City on account |
| ‘of such destruction. Full access to all |
| finished or unfinished documents, |
| data, studles and reports to be |
| Prepared by Contractor hereunder |
| during the performance of Services |
| will be 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 will indemnity, save, and |
|
|
| ‘Terms and Conditions - Page 13 of 26 |
|
|
| hold harmiess the City and its officers, |
| agents, and employees acting within |
| the scope of their official duties |
| against any lability, including costs |
| and expenses, resulting from any |
| willful oF intentional violation by the |
| Contractor of proprietary rights, |
| patents, copyrights, or rights of |
| privacy, arising out of the publication, |
| translation, reproduction, delivery, |
| Use, or disposition of any material or |
| data produced under the Agreement, |
|
|
| ARTICLE 5 |
| COMPENSATION |
|
|
| SA BASIS OF PAYMENT |
|
|
| The Contractor will be compensated for |
| Services performed andior costs expended |
| pursuant fo the Budget Summary contained |
| in Exhibit_C, which is attached and |
| incorporated by reference. |
|
|
| 52 METHOD OF PAYMENT |
|
|
| ‘The Contractor will submit MONTHLY |
| requisitions for reimbursement identitying the |
| payment due for the Services andlor costs |
| ‘expended in such detail and supported by |
| ‘such documents as the City may require. |
| ‘The requisitions fr reimbursement will be on |
| 2 form provided and approved by the City. |
| ‘The City will process the payment within 60 |
| calendar days folowing submission |
|
|
| The requests for reimbursement and |
| ‘supporting documents will be sent to the |
| Department's Maiing Address noted in this |
| ‘Agreement’s Preamble. |
|
|
| UNTITLED-017 |
| ‘The Contractor waives all rights to payment if |
| the request for reimbursement is submitted |
| later than 45 calendar days following the |
| termination or completion of this Agreement. |
| Costs incurred by the Contractor after the |
| ‘expiration date or ater earlier termination of |
| this Agreement will not be paid by the City |
|
|
| 53 REDUCTION OF COMPENSATION |
|
|
| If, after this Agreement is signed, anticipated |
| {federal and/or 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 City, no |
| funds will be available to compensate the |
| ‘Contractor under this Agreement. then the |
| City wil provide notice of such occurrence to |
| the Contractor. The notice will constitute |
| notice of Early Termination in accordance |
| with this Agreement |
|
|
| Hf, pursuant to @ reduction in federal and/or |
| state funding, the City reduces the |
| ‘compensation to be paid to the Contractor |
| Under this Agreement, the Contractor wil |
| have 30 calendar days, from the date of the |
| receipt of the written ‘notice, to submit a |
| revised work program, budget or any other |
| necessary document (“Revised Submitals") |
| to the City reflecting the reduction in the |
| ‘compensation and accordingly modying the |
| ‘Services to be performed. The City wll have |
| the discretion to modify the Revised |
| ‘Submittals as it may deem appropriate in |
| (Order to realize the goals of the Agreement. |
| ‘The Revised Submittals will be reviewed by |
| the Chief Procurement Officer and the City's |
| Office of Budget and Management and upon |
| their final approval wil become a part of this |
| ‘Agreement superseding the previous |
| jocuments. |
|
|
| ‘Terms and Conditions - Page 14 of 26 |
| 5.4 ALLOWABLE COSTS |
|
|
| Al costs allowed by the City Comptrolier’s |
| Office, are not considered final and may be |
| disallowed upon the completion of audits |
| ordered or performed by the City or the |
| appropriate federal or state agency. In the |
| ‘event of a disallowance, the Contractor will |
| refund the amount disallowed to the City. |
|
|
| 5.5 ADVANCES OF FUNDS |
|
|
| The Contractor may request an advance of |
| funds and, at the Citys sole discretion, may |
| receive up to a 45 calendar day operating |
| ‘advance, provided the advance meets all |
| federal, ‘state and City requirements. for |
| funding under this Agreement, All advances |
| will be liquidated prior to the end of the |
| ‘contract period in @ manner specified by the |
| City. |
|
|
| ARTICLE 6 |
| NON-SOLICITATION |
|
|
| ‘The Contractor warrants and represents that |
| the Contractor has not employed any person |
| solely for the purpose of solicting 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 in this |
| ‘Agreement, the Contractor or the City will, in |
| writing, bring any dispute concoming’ a |
| question of fact arising under this Agreement, |
| to the Chief Procurement Otticer for decision |
| ‘The Chief Procurement Officer will issue a |
| \wntion decision and mail or otherwise furnish |
| ‘copy ofit to the Contractor. The decision of |
|
|
| UNTITLED-018 |
| the Chief Procurement Officer is final and |
| binding upon the parties. (A copy of the |
| "Regulations of the Department of |
| Procurement Services for Resolution of |
| Disputes between Contractors and the City of |
| Chicago" is avaliable in City Hall, 121 N. |
| LaSalle, Room 301, Bid and Bond Room.) |
|
|
| ARTICLE 8 |
| EVENTS OF DEFAULT & REMEDIES |
|
|
| 84 EVENTS OF DEFAULT DEFINED |
| ‘The folowing wil constitute events of default |
|
|
| ‘A Any material misrepresentation, |
| whether negligent or wilful and |
| whether in the inducement or in the |
| performance, made by the Contractor |
| to the Cy |
|
|
| B. Any material fallur by the Contractor |
| to perform any of ts obligations under |
| this Agreement including, but not |
| limited to, the folowing: |
|
|
| Failure to perform the |
| Services with sufficient |
| personnel and equipment or |
| with sufficient material to |
| ‘ensure the performance of the |
| Services due to a reason or |
| circumstances within |
| Contractor's reasonable |
| ‘control, |
|
|
| i, Failure to perform the |
| Services ina manner |
| Satisfactory to the City, or |
| inability to perform the |
| Services satisfactorily as a |
| result of insolvency, fling for |
| bankruptcy or assignment for |
| the benefit of creditors; |
|
|
| il, Failure to prompt re-pertorm |
| within a” reasonable time |
|
|
| Services that were rejected as |
| ‘erroneous or unsatisfactory, |
|
|
| iv, Discontinuance of the |
| Services for reasons or |
| circumstances within |
| Contractor's reasonable |
| control; and |
|
|
| ¥. Failure to comply with a |
| material term or condition of |
| this Agreement including, but |
| not limited to, the provisions |
| ‘conceming insurance and |
| ‘nondiscrimination. |
|
|
| ‘The Contractors default under any |
| ‘other agreement it may presently |
| have or may enter into with the City |
| uring 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, |
|
|
| ‘Any action or failure to act by the |
| Contractor that causes the City to be |
| in Violation of any agreements it has |
| with Federal or State departments or |
| agencies. |
|
|
| 8.2 REMEDIES |
|
|
| ‘Upon the City’s determination that an event of |
| default has occurred, the City will give notice |
| fof such occurrence to the Contractor in |
| ‘accordance with the terms and conditions of |
| this Agreement ("Cure Notice"). If the |
| Contractor fails to cure the event of default |
| within 30 calendar days after the Cure Notice |
| 's given, orf the Contactor has failed, in the |
| le opinion of the Ciy, to commence and |
| Continue diligent efforts to cure the event of |
| default, or if the event of default cannot |
| reasonably be cured within 30 calendar days |
| after the Cure Notice is given, then the City |
|
|
| UNTITLED-019 |
| ‘may, inthe sole discretion ofthe Cty, declare |
| the Contractor to be in default under this |
| ‘Agreement. The decision to declare the |
| Contractor to be in default is within the sole |
| discretion of the Chief Procurement Officer, |
| the decision is final and binding upon the |
| Contractor, and neither that decision nor the |
| factual basis for it is subject to review or |
| challenge |
|
|
| {the Chief Procurement Officer determines |
| that the Contractor is in default under this |
| Agreement, waitten notification of this |
| determination (‘Detauit Notice") will be |
| provided to the Contractor, and the Default |
| Notice will include notice of the decision of |
| the Chief Procurement Officer to terminate |
| this Agreement, if that is his such decision, |
| Upon the City’s giving the Default Notice, the |
| Contractor will discontinue any services, |
| Unless otherwise directed in the notice, and |
| will deliver all materials accumulated in |
| performance of this Agreement, whether |
| completed or in the process, to the City. |
| Following or at the same time as the Default |
| Notice, the City may invoke any or all of the |
| following remedies: |
|
|
| A. The tight to take over and complete |
| the Services or any part of them as |
| ‘agent for and at the cost of the |
| Contractor, ether directly or through |
| ‘others, The Contractor will have, in |
| that event, the right to offset from the |
| cost the amount it would have cost |
| the City under the terms and |
| Conditions ofthis Agreement, had the |
| Contractor completed the Services; |
|
|
| B. —_Therightto terminate this Agreement |
| 4 to any ofall of the Services yet to |
| bbe performed effective at a time |
| specified by the City; |
|
|
| €. The right of specific performance, an |
| Injunction or any other appropriate |
| equitable remedy against the |
|
|
| ‘Torms and Conditions - Page 18 of 26, |
| Contractor; |
| D. The ight to money damages; |
|
|
| E.—Therightto withhold all or any part of |
| the Contractor's compensation; and |
|
|
| F. The right to deem the defauiting |
| Contractor non-responsible in future |
| contracts to be awarded by the City, |
|
|
| If the City considers it to be in the City’s best |
| interests, it may elect not to deciare defauit or |
| {to terminate the Agreement. The parties |
| acknowledge that this provision is solely for |
| the benefit of the City and that Ifthe City |
| permits the Contractor to continue to provide |
| the Services despite one or more events of |
| default, the Contractor will in no way be |
| televed of any ofits responsibilites, duties or |
| ‘obligations under this Agreement nor will the |
| City waive or relinquish any of is 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 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 omission to exercise any |
| Fight oF power accruing upon any event of |
| <default will impair any such ight or power nor |
| will it be construed as a waiver of any event |
| of default or acquiescence in i, and every |
| such right and power may be exercised from |
| time to time and as often as the City deems |
| expedient |
|
|
| 83 RIGHT TO OFFSET |
|
|
| To the extent permitted by applicable |
| law, |
|
|
| ‘A. Inconnection with performance under |
|
|
| this Agreement, the City may offset |
| any excess costs incurred: |
|
|
| UNTITLED-020 |
| ()__ i the City terminates. this |
| ‘Agreement for default or any other |
| reason resulting from the Contractor's |
| performance or non-performance; |
|
|
| (i) ifthe City exercises any of its |
| remedies under Section 8.2 |
| (of this Agreement; or |
|
|
| (i) ifthe City has any credits due |
| or has made any |
| ‘overpayments under this, |
| ‘Agreement |
|
|
| The City may offset these excess |
| ‘costs by use of any payment due for |
| Services comploted before the City |
| terminated this Agreement or before |
| the City exercised any remedies. If |
| the amount offset is insufficient 10 |
| cover those excess costs, the |
| Contractor is liable for and’ must |
| ppromplly remit tothe City the balance |
| ‘upon written demand for it. This right |
| to offset is in addition to and not a |
| limitation of any other remedies |
| ‘available to the City, |
|
|
| B. In accordance with Section 292.380 |
| (of the Municipal Code 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 |
| 's entitled to set off a portion of the |
| price or compensation due under this |
| ‘Agreement in an amount equal to the |
| ‘amount ofthe fines and penalties for |
| ‘each outstanding parking violation |
| Complaint andlor the amount of any |
| debt owed by the Contractor to the |
| City, as those terms are defined in |
| Section 2-92-380. |
|
|
| C. _Withoutbreaching this Agreement, the |
| City may set off 2 portion of the price or |
|
|
| Torms and Conditions - Page 17 of 26 |
|
|
| ‘compensation due under this Agreement in |
| ‘an amount equal to the amount of any |
| liquidated or unliquidated claims thatthe City |
| fhas against the Contractor unrelated to this |
| ‘Agreement. When the City’s claims against |
| the Contractor are finally adjudicated in a |
| court of competent jurisdiction or otherwise |
| resolved, the City will reimburse the |
| Contractor to the extent of the amount the |
| City has. offset against this Agreement |
| inconsistently wth the determination or |
| resolution |
|
|
| 84 SUSPENSION OF SERVICES |
|
|
| The Cty may, at any time, request that |
| Contractor suspend the Services, or any part |
| of them, by giving 15 calendar days prior |
| written notice to the Contractor or upon no |
| ‘notice in the event of emergency. No costs |
| incurred after the effective date of the |
| suspension will be alowed. 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 ime as may be mutually agreed |
| ‘upon by the Chief Procurement Officer and |
| the Contractor when necessary for |
| ‘continuation or completion of the Services. |
| ‘Any additional costs or expenses actualy |
| incurred by Contractor as a result of |
| recommencing the Services willbe 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 writtan notice to the City, may |
| ‘teat the suspension as an Early Termination |
| by the City. |
|
|
| 8.5 NO DAMAGES FOR DELAY |
|
|
| ‘Neither Contractor nor Contractor's agents, |
| ‘employees, and subcontractors re entitled io |
|
|
| UNTITLED-021 |
| ‘any damages from the Cy, nor is any party |
| enitied to be reimbursed by the Ciy, for |
| damages, charges or other losses or |
| expenses incured by the Contractor by |
| reason of delays or hindrances in the |
| performance of the Services, whether or not |
| ‘caused by the Cty. On Notice to the City of |
| 2 delay outside Contractor's control, |
| Contractor may request additional time to |
| ‘complete its performance. The decision to |
| (grant additonal time is in the sole and |
| absolute discretion ofthe Chief Procurement |
| Officer. |
|
|
| ARTICLE 9 |
| GENERAL CONDITIONS: |
|
|
| 81 WARRANTIES AND |
| REPRESENTATIONS. |
|
|
| In connection with the execution of this |
| ‘Agreement, the Contractor. |
|
|
| ‘A. warrants that itis financially solvent; |
| that it and each of its employees, |
| ‘agents, subcontractors of any ter are |
| compeient to perform the Services; |
| that itis legally authorized to execute |
| ‘and perform the Services; and |
|
|
| warrants that no officer, agent or |
| ‘employee of the City is employed by |
| the Contractor or has a. financial |
| interest directly or ingirecty 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 or offer of |
| ‘employment will be made by or on |
| bohalf 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 |
| ‘rovisions of Cty of Chicago's Ethics |
| ‘Ordinance, Municipal Code § 2-156 et |
|
|
| ‘Terms and Conditions - Page 18 of 26 |
|
|
| s09.. 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 therstrom; and |
|
|
| warrants that it will not knowingly use |
|
|
| the services of any ineligible |
|
|
| subcontractor or Contractor for any |
|
|
| purpone in the performance of Hs |
| vices; and |
|
|
| warrants thatitandits subcontractors |
| ‘are not 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 his |
| 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 |
|
|
| ‘Agreement; that it understands the |
| nature of the Services required; that |
| {rom its own analysis it has satisfied |
| itself as to the nature of all things |
| needed for the performance of this |
| ‘Agreement, the general and special |
| conditions, and. all other_matiers |
| which in any way may atect this |
| Agreement or its performance; that |
| the time available to it for ‘such |
| examination, analysis, and |
| preparation was adequate; that twas. |
| permitted access to any person or |
| information in connection with its |
| ‘reparation ofthe 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 |
|
|
| UNTITLED-022 |
| Jn strict accordance with this |
| ‘Agreement; and |
|
|
| represents that it and, to the best of |
| Its knowledge, its subcontractors are |
| ‘ot in violation of the provisions of |
| ‘Section 2-92-320 of the Municipal |
| Code, the llinois Criminal Code, 720, |
| ILCS 5/33E-1 et seq. and the ilinois |
| Municipal Code, 651LCS 5/11-42.1-1 |
|
|
| 92 _ INSPECTOR GENERAL |
|
|
| Itwillbe the duty of any bidder, proposer, or |
| contractor subcenvactr, and every applicant |
| {occenticaton of eligbiliy for a Ciy contract |
| ‘orprogram, andl officers, directors, agents, |
| partners, and employees of any such bidder, |
| Proposer, contractor, subcontractor or |
| Spplicant’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 willabide by all provision of |
| ‘Chapier 2-56 ofthe Municipal Code and that |
| itl inform Subcontractors ofthis provision |
| ‘and require their compliance. |
|
|
| 93 WHOLE |
| INTEGRATION |
|
|
| ‘This Agreement, including attached Exhibit A |
| through Exhibit F, constitutes the entire |
| ‘agreement between the parties, and no |
| warranties, representations, inducements, |
| ‘considerations, promises or other inferences |
| willbe implied that are not expressly stated in |
| the Agreement. No variation or amendment |
| of this Agreement and no waiver of its |
| provisions are valid unless in writing and |
| signed by duly authorized officers of the |
| Contractor and the City. This Agreement |
| supersedesallother agreements between the |
|
|
| AGREEMENT- |
|
|
| Contractor and the City |
| 94 MODIFICATIONS AND |
| AMENDMENTS |
|
|
| ‘Terms and Conditions - Page 19 of 26. |
|
|
| No changes, amendments, modification, |
| cancellations or discharges of this |
| ‘Agreement, oF any part of it are effective |
| tunes in writing and signed by the Contractor |
| ‘and the City, or their respective successors |
| ‘and assigns. |
|
|
| 9.5 COMPLIANCE WITH ALL LAWS |
|
|
| ‘The Contractor will comply with all applicable |
| laws, ordinances and executive orders and |
| reguiations ofthe federal, state ocal and city |
| ‘government, which may in any manner affect |
| the performance of this Agreement |
| Contractor must pay all taxes and obtain all |
| licenses, certificates and other authorizations. |
| required by them. Contractor must require all |
| subcontractors to do, also. Further, |
| Contractor must execute and must cause any |
| ‘Subcontractor to execute an Economic |
| Disclosure Statement and Affidavitin the form. |
| attached to this Agreement as Exhibit D. |
| Notwithstanding acceptance by he City ofthe |
| Economic Disclosure Statement and Affidavit, |
| failure to include all information required |
| ‘under the Municipal Code renders this |
| ‘Agreement voidable at the option ofthe City. |
|
|
| COMPLIANCE WITH |
| ACCESSIBILITY LAWS. |
|
|
| Contractor will comply with all accessibility |
| standards for persons with disabilties or |
| ‘environmentally kmited persons including, but |
| ‘not limited to: the Americans with Disabilities |
| ‘Act of 1990, 42 U.S.C. § 12101 et seq. and |
| the Rehabiltation Act of 1973, 29 U.S.C. §§ |
| 793-794, In the event the above cod |
| standards are inconsistent, the Contractor wil |
| ‘comply with the standard providing greater |
| accessibility |
|
|
| 97 NO FEDERAL OR STATE |
| OBLIGATIONS TO THIRD PARTIES |
|
|
| ‘The Contractor acknowledges that, absent |
| the express written consent of the federal |
|
|
| UNTITLED-023 |
| ‘government and the State of llinos, the State |
| ‘of linois and the federal government will not |
| be subject to any obligations or lables to |
| any person not a party to the grant |
| ‘agreement between the City and the State of |
| llinois or between the City and the federal |
| government. Notwithstanding any |
| Concurrence provided by the State of ilinois |
| ‘or federal government in or approval of any |
| solicitation, agreement, or contrac, the State |
| of linois and federal government continue to |
| have no obligations or liabilities to any party, |
| including the Contractor. |
|
|
| 9.8 NON-LIABILITY OF |
| OFFICIALS |
|
|
| PUBLIC |
|
|
| ‘No official, employee or agent ofthe City wil |
| 'be charged personally by the Contractor, or |
| by any assignee or Subcontractor of the |
| ‘Contractor, with any liability or expenses of |
| Getense oF be held personally lable to the |
| ‘Contractor under any term or condition ofthis |
| ‘Agreement, because of the City’s execution |
| (oF attempted execution, or because of any |
| breach. |
|
|
| 9.9 INDEPENDENT CONTRACTOR |
|
|
| ‘This Agreements not intended to and will not |
| Cconstitule, create, give rise to, or otherwise |
| recognize a joint venture, partnership, |
| corporation or other formal business |
| association or organization of any kind |
| between the parties, and the rights, and the |
| obligations of the parties will be only those |
| expressly set forth in this Agreement. The |
| Contractor will perform under this Agreement |
| 2s an independent contractor to the City and |
| Not as a representative, employee, agent, or |
| Partner of the Ciy. |
|
|
| 9.10 INTERNATIONAL ANTI-BOYCOTT |
| ‘Contractor certifies that neither the Contractor |
|
|
| ‘or any substantially owned affiliate company |
| ff the Contractor is. participating or will |
|
|
| ‘Terme and Conditions - Page 20 of 26 |
|
|
| participate in an international boycott, as |
| defined by the provisions of the U.S. Export |
| ‘Administration Act of 1979 or its enabling |
| regulations. |
|
|
| 9.41 JOINT AND SEVERAL LIABILITY |
|
|
| In the event that the Contractor, or its |
| ‘successors or assigns, is Comprised of more |
| than one person, then every obligation or |
| ‘undertaking to be fulfled or performed by the |
| Contractor will be the joint and several |
| ‘obligation or undertaking of each 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, oF |
| partnership or joint venture agreement, as |
| ‘applicable, and evidence ofits authority to do |
| business in the State of Illinois, including |
| without limitation, registrations of assumed |
| names or limited partnerships and |
| Certifications of good standing with the |
| Secretary of State of llinois. |
|
|
| 3. ECONOMIC DISCLOSURE |
| ‘STATEMENT AND AFFIDAVIT |
|
|
| ‘The Contractor will provide the City with a |
| Economic Disclosure Statement and |
| ‘Affidavit, which is attached as Exhibit D and |
| Incorporated by reference, and further will |
| provide any other affidavits or certifications as. |
| may be required by federal, state or local aw |
| in the award of public contracts, all to be |
| attached under ExhibitD and incorporated by |
| reference. The Contractor will cause its |
| subcontractors or, if a partnership or joint |
| ‘venture, all members of the partnership or |
| joint venture, to submit ll required affidavits |
| {othe City, |
|
|
| 9.14 CONFLICTS OF INTEREST |
|
|
| UNTITLED-024 |
| 'No member of the governing body ofthe City |
| ‘or other units of government and no other |
| cofficer, employee, oF agent of the City or |
| other unit of government who exercises any |
| functions or responsiilties in connection with |
| the Services wil have any personal interest, |
| direct. oF indirect, in this Agreement. No |
| member of or delegate to the Congress ofthe |
| United States or the linois General |
| ‘Assembly and no alderman of the City or ity |
| ‘employee will be admitted to any share or |
| part of this Agreement or to any financial |
| benefit to arise from it |
|
|
| ‘The Contractor covenants that it, its officers, |
| Girectors and employees, and the officers, |
| directors and employees of each of its |
| members if a joint venture, and its |
| ‘subcontractors, presently have no interest |
| ‘and will acquire no interes, direct or indirect, |
| hich would confctin any manner or degree |
| with the performance of the Services. The |
| ‘Contractor further covenants that no person |
| hhaving any such interest will be employed. |
| ‘The Contractor acknowledges that if the Cty |
| determines that any of Contractors services |
| for others confit with the Services, |
| Contractor will terminate such other services |
| immediately upon request ofthe City |
|
|
| In addition to the conflict of interest |
| requirements in OMB Circular A-110 and 24 |
| C-F.R. 84, no person who is an employee, |
| ‘agent. Contractor, officer, or elected or |
| ‘appointed official of the City and who |
| ‘exercises or has exercised any functions or |
| responsiblities with respect to assisted |
| ‘activites, or whois in a position to participate |
| in a decision making process or gain inside |
| information with regard to such activities, may |
| ‘obtain a financial interest or benefit from the |
| ‘activity, or have an interest in any contract, |
| ‘subcontract, or agreement or thelr proceeds, |
| ‘either for himself or herself or for those whom |
| he or she has family or business ties, during |
| his or her tonure or for 1 year thereafter. |
|
|
| ‘Terms and Conditions - Page 21 of 26 |
|
|
| Furthermore the Contractor warrants. and |
| represents that it is and will remain in |
| ‘compliance with federal restricions on |
| lobbying set forth in Section 319 of the |
| Department of the Interior and Related |
| Agencies Appropriations Act for Fiscal year |
| 1990, 31 USS.C. § 1352, and related rules |
| and regulations set forth at 54 Fed. Reg |
| $52,309 (1989), as amended. |
|
|
| In additon, if State of linois funds are used |
| for the Agreement. the Contractor must |
| comply withthe confict of interest provisions |
| Contained in the Hlinois Procurement Code |
| (G0 ILCS 500150-13) and other provisions in |
| the linois Procurement Code. regarding |
| pattcpation in agreement negotiation by 8 |
| State employee (30 ILCS 500/50-15). |
|
|
| 9.45 COOPERATION WITH CITY |
|
|
| The Contractor will cooperate fully with the |
| Cty and act in the City's best interests. if this |
| ‘Agroerentis terminated for any reason, orif |
| itis to expire onits own terms and conditions, |
| the Contractor will make every effor to |
| ‘assure an orderly transition to another |
| provider of the Services, if any, orderly |
| demobilization of its own operations. in |
| ‘connection with the Services, uninterrupted |
| provision of Services during any transition |
| period and will comply with the reasonable |
| Fequests and requirements of the City in |
| ‘connection withthe termination or expiration |
| ofthis Agreement. |
|
|
| 9.18 WAIVER |
|
|
| Nothing in this 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 a proper authority, |
| waives the Contractors performance in any |
|
|
| UNTITLED-025 |
| respect or waives a requirement or conéition |
| to elther 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 nt be deemed a |
| ‘waiver forever or for subsequent instances of |
| the performance, requirement or condition |
| No waiver will be construed as @ moaification |
| of the Agreement regardless of the number of |
| times the City may have waived the |
| performance, requifement or condition, |
|
|
| 9.17 GOVERNING LAW |
|
|
| ‘This Agreement is governed as to |
| performance andinterpretation in accordance |
| with the laws of the State of linots. |
|
|
| 9.48 SEVERABILITY |
|
|
| It any provision of the Agreement is held to |
| be or in fact is legal, inoperative or |
| unenforceable on its face or as applied in any |
| particular case, in any jurisdiction (or in all |
| ‘cases because it conflicts with any other |
| Provision of this Agreement, or any |
| Constitution, statute, municipalordinance, 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 |
| cother provision of this Agreement illegal, |
| 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 or limit its provisions. Words importing |
| the singular number include the plural |
| number and vice versa, unless the context |
|
|
| ‘Terms and Conditions - Page 22 of 26. |
|
|
| ‘otherwise indicates. All references to any |
| ‘exhibit appendx or document inciude al |
| ‘supplements andior amendments to any such |
| exhibits, appendixes or documents entered |
| into in’ accordance with the. terms and |
| conditions ofthis Agreement. Al references |
| to.any person o ety include any person or |
| entity succeeding to the rights, duties, and |
| ‘obigatons of the person or ently in |
| ‘accordance with the terms and consitions of |
| this Agreement. In the event of any confit |
| between this Agreement and any exhibits to |
| ithe terms and conditions of this Agreement |
| contro |
|
|
| 9.20 NONASSIGNABILITY |
|
|
| Contractor wil not assign all or any part ofits |
| work or responsibilities under tis Agreement |
| ‘without the prior written consent ofthe Chief |
| Procurement Officer and the Commissioner; |
| ‘but any such consent will not relieve |
| Contractor of its obligations. under this |
| Agreement. Any transfer or assignment |
| without the prior written consent ofthe Chief |
| Procurement Officer constitutes an event of |
| default under this Agreement and is void as |
| to the City. The City reserves the right to |
| ‘assign, in whole or in part, any funds, claims. |
| Crinterests, due orto become due, under his |
| Agreement. |
|
|
| 921 CONTRACTOR'S AUTHORITY |
|
|
| Execution of this Agreement by the |
| Contractor is authorized by a resolution of |
| ‘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 authority |
| ‘should be forwarded to the City with the |
| ‘executed Agreement. |
|
|
| 9.22 DEEMED INCLUSION |
|
|
| UNTITLED-026 |
| Provisions required by law, ordinances, rules, |
| regulations, or executive orders tobeinserted |
| inthis Agreement are deemed inserted in this. |
| ‘Agreement whether or not they appear in tis |
| ‘Agreement or, upon application by either |
| party, this Agreement wil be amended to |
| make the insertion; however, in no event wil |
| the failure to insert the provisions before or |
| ‘after this Agreement Is signed prevent its |
| ‘enforcement |
|
|
| ARTICLE 10 |
| ‘NOTICES |
|
|
| ‘All notices and communications to be |
| provided by the City and the Contractor |
| pursuant to this Agreement must bein writing |
| ‘and may be delivered personally, by |
| ‘overnight courier or by First Class certified |
| mail, return receipt requested. with postage |
| prepaid and addressed as follows: |
|
|
| If to the City |
| ‘The Department's Mailing Address |
| ‘Noted In This Agreement’s Preamble |
|
|
| Department of Procurement Services |
| City Hall, Room 403 |
|
|
| 121 North LaSalle Street |
|
|
| ‘Chicago, linais 60802 |
|
|
| Attention: Chief Procurement Officer |
|
|
| With Copies to: |
| Department of Law |
| City Hall, Room 600 |
| 121 North LaSalle Street |
| Chicago, llinois 60802 |
| Attention: Corporation Counsel |
|
|
| Ito Contractor: |
| “The Contractor's Mailing Address |
| Noted in This Agreements Preamble |
|
|
| ‘The Contractor will advise the City of any |
| significant change in its organizational |
|
|
| ‘Torms and Conditions |
|
|
| "age 23 of 26 |
|
|
| structure. Significant changes include, but |
| are not imited to, changes to: |
|
|
| ‘A. the oficial to whom notice regarding |
| the Agreement is provided and their |
| mailing address; |
|
|
| B. the officers of the corporation, |
| including president, chairman, vice |
| president, treasurer, secretary; and |
|
|
| ©. the key staff of the agency andlor its |
| program sites, including executive |
| director, 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 inthis |
| ‘Agroement’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 doomed effective upon receipt. |
| ‘Communications sent via overnight |
| ‘courier are doomed effective on the next |
| business day. |
|
|
| ARTICLE 41. |
| BUSINt uP |
| ELECTED OFFICIALS |
|
|
| Pursuant to Section 2-156-030(b) of the |
| ‘Municipal Code, itis ilegal for any elected |
| Offical ofthe City, or any person acting atthe |
| direction of such official, to contact, either |
| corally or in writing, any other City oficial or |
| ‘employee 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 |
| vote on any matter involving the person with |
| whom an elected official has a business |
|
|
| UNTITLED-027 |
| relationship. Violation of Section 2-156- |
| 1030(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 2-186-080 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 his or her spouse has a |
| financal interest, with a person or entity |
| hich entitles an official to compensation or |
| payment in the amount of $2,500 or more in |
| calendar year, provided, however, a |
| financial interest shall not include: () any |
| ‘ownership through purchase at fair market |
| value or inheritance of less than one percent |
| ‘of the share of a corporation, or any |
| corporate subsidiary, parent oF afflate |
| thereof, regardless of the value of or |
| dividends on such shares, if such shares are |
| ‘registered on a securities exchange pursuant |
| to the Securities Exchange Act of 1934, as |
| ‘amended; (i) the authorized compensation |
| aid to an official or employee for his office or |
| ‘employment; (ii) any economic benefit |
| provided equally to all residents of the City; |
| (iv) a time or demand deposit in a financial |
| Institution; or (v) an endowment or insurance |
| policy or annuity contract purchased from an |
| Insurance company. A “contractual or other |
| Private business dealing” shall not include |
| ‘any employment relationship of an offical's |
| ‘spouse with an entity when such spouse has |
| no discretion concerning or input relating to |
| the relationship between that entity and the |
| iy, |
| ARTICLE 12 |
| LIVING WAGE ORDINANCE |
|
|
| Section 2-92-610 of the Municipal Code |
| requires eligible contractors and their |
| ‘subcontractors to pay aliving wage (currently |
| $8.05 per hour minimum base wage) 10 |
|
|
| Torms and Conditions - Page 24 of 26 |
|
|
| 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 |
| ‘Fr more fulltime employees. If you are, oF |
| 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. As of July 1, 2003, and |
| ‘each July 1 thereafter, the Base Wage wil be |
| adjusted, using the most recent federal |
| Poverty guidelines for a family of four as |
| Published annually by the U.S. Department of |
| Health and Human Services, to constitute the |
| {ollowing: the poverty guidelines fora family |
| ‘of four divided by 2000 hours or the current |
| base wage, whichever is higher. At all mos. |
| ‘during the term of this Agreement, Contractor |
| ‘and all other Performing Parties must pay the |
| Base Wage (as adjusted in accordance with |
| the above). Section 2-92-610 does not apply |
| to notor-profit corporations with federal |
| 501()3) tax exempt status. Also, ithe work |
| being done under this Agreement is subject |
| to payment of prevaling wages, and the |
| Prevailing wages are higher than the base |
|
|
| 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 Contractor's ability to |
|
|
| UNTITLED-028 |
| perform under this Agreement, the |
| Contractor must immediately notify the City |
| In writng, Contractor must also notify the |
| Department regarding incidents that |
| significantly impact the health and safety of |
| Cents or incidents that could resutin the |
| interruption of service. Contractor must |
| follow procedures provided by the |
| Department for reporting incidents. |
|
|
| ARTICLE 14 |
| INTERNET ACCESS |
|
|
| Contractor must have Internet access at the |
| site level during fiscal year 2004. Internet |
| ‘access may be either dialup or high |
| speed/DSL. Contractor must maintain at 3 |
| minimum, one business e-mail address that |
| willbe the primary receiving point for all |
| mall correspondence for the Department |
| Contractor may list additonal addresses. at |
| Contract execution. The additonal addresses |
| may be for a specific departmentivision of |
| Contractor or for specific employees of |
| Contractor. During any period that the |
| Department directly funds Contractor's |
| Internet service, Contractor must use the |
| Department assigned E-Mail address as their |
| ‘primary E-mail address. Contractor may list |
| ‘additional e-mail points of contact inthe same |
| ‘manner as listed above. Contractor must |
| ‘notify the Deparment of any e-mail changes |
| within five business days form the effective |
| date of the change. |
|
|
| ARTICLE 15 |
| ADDITIONAL AGREEMENT PROVISIONS |
|
|
| Additional provisions ofthis Agreement are. |
| listed in Exhibit, which is attached and |
| incorporated by reference. All provisions |
| listed in Exhibit A have the same force and |
| ‘ffect as if they had been listed in the body |
| of this Agreement. |
|
|
| [The remainder of this page is intentionally |
|
|
| Terms and Conditions - Page 25 of 26 |
|
|
| left blank) |
|
|
| UNTITLED-029 |
| ‘Terms and Conditions - Page 26 of 26 |
|
|
| UNTITLED-030 |
| EXHIBIT A |
| ADDITIONAL REQUIREMENTS |
| HOMELESS SERVICES PROGRAM |
|
|
| UNTITLED-031 |
| ARTICLE 1 OF EXHIBIT A |
|
|
| ILLINOIS DEPARTMENT OF HUMAN SERVICES |
| EMERGENCY FOOD AND SHELTER GRANT CEFSG") PROGRAM |
|
|
| Ac14 COMPLIANCE WITH EFSG PROGRAM REGULATIONS. |
|
|
| ‘The Contractor must comply wih, and certifies that tis comeliance wit, al the provisions and regulations |
| ofthe EFSG Program, andallrelaied City of Chicago, Stee of fino and United States rules, reguatons ond |
| requirements, cluding, but not limited to: Far Housing Act (42 U.S.C. § 3601 et seq). Execulve Order |
| 11083, as amended by Executive Order 12259; Contract Work Hours and Safely Standards Act (40 U.S.C |
| '§§ 327-33 as supplemented by 28 C.F.R. part 5); National Enuronmentsl Policy Act of 1969 (24 C FR. part |
| 50), Clean Aw Act (42 U.S.C. §7401 et saa) Federal Water Poluton Control Act (Clean Water Act’) (33 |
| USC. § 1251 et sea); Executive Order 11738, and U.S. Environmental Protecton Agency regulations (40 |
| CFR part 15), the Contractor must report all volatons and must require al subcontractors to report all |
| ‘volations of te Clean Air Act andlor the Clean Water Act tothe Cy, HUD and the approprate Regional |
| ‘Office oftie US Environmental Protection Agency; Flood Disaster Protecton Actof 1973 (42 US.C. § 4108) |
| Uniorm Relocation Assstance and Real Property Acauisiton Policies Act of 1970 (42 USC. § 4601): |
| Executive Order 11246, as amended by Executive Orders 12086 and 11378; Lead-Based Pant Posoning |
| Prevention Act (42 U.S.C. 4821 et seq ); Resedentisl Lead-Based Pant Hazard Reduction Act of 1982 (Pub, |
| L 101-860; 42 U.S.C. 4851 et sea) and mplementing roguations at 24 C.F-R. Part $5, Executive Order |
| 42372; Copeland “Ant-Kexback” Act (18 U.S C. § 874 and 40U.S.C. § 276(c)as supplemented by 29C FR. |
| part 3), Federal Fae Labor Siendarcs Act (29 US. § 20% et eq.) tne Unorm Admistratve Requrements |
| Contaned in 24 C.F.R. Parts 84 and 85, as amended; Hatch ActS U.S.C. §§ 1501-08 and 7324-28) Byrd |
| "AntsLobbying” Amendment (31 U.S C. § 1352). mandatory standards and polcies relaing to energy |
| cefferency which are contamed in the State of Iinos energy conservation plan ssued in compance wth he |
| Energy Policy and Conservation Act (Pub. L. 84-163). Program Fraud Civi Remedies Act of 1988, a5 |
| ‘amended, 31 U.S.C. §380" etsea, (9 accordance therewith the Contractor certifies cams thetrutfuiness |
| ‘and accuracy of any statement i has made, st makes, or it may make pertaning to ths Agreement): and |
| Dedarment and Suspension (Executive Orders 12549 and 12689). Additonaly, the Contractor must comply |
| ‘wih the applicable provisons of OMB Circulars A21, A-87, A-102, A-110, A'122 and A-133 as amended, |
| Succeeded of revised. The Contracor also must not take ay action |
|
|
| {or fate act thal wouls cause the City to be in breach of any grant agreement pursuant to which the City |
| {eceived the [EFSG) funds that fund this Agreement. |
|
|
| ‘A4.2 COMPLIANCE WITH EFSG PROGRAM GRANT |
| ‘The Contractor warrants and represents the folowing for each Article in Exhibit A |
|
|
| A Bribery |
| ‘The Contactor has not been convicted of abery or atlampting to bribe an officer or employee ofthe |
| ‘State o lino, nor made an admission of pul of such conduct which sa maller af record, (30 LCS |
| {§§ 605/10'1 ana S05/10.3) |
|
|
| 8B. Bid Rigging |
| ‘The Contractor has not been barred ftom contracting wth @ unit of State or local government as @ |
| result ofa volation of Secton 336-3 oF 33E-4 of te Criminal Cade of 190% |
| (720 CS &§ 5133E-3 ana 5/33E-4), |
|
|
| C.—Educational Loan |
| “The Contract is not barred from receiving State Agreements as a result of default on an educational |
| loon. (5 LCS § 386/1 et se.) |
|
|
| Exhibit A -Page 1 of 17 |
|
|
| UNTITLED-032 |
| D. Dues and Fees |
| ‘The Contractors not prohbted trom seling goods or service to the State of linis because pays |
| {v6 or f00s on Doha of ts employees oF agents, or subsdizes or otherwise remburses them, for |
| payment ofther dues or fees to any cub which unlawuly Gscrminates (775 ILCS § 25/1 et sea) |
|
|
| E. Clean Air Act and Coan Water Act |
| ‘The Contractors in comphance wit all applicable standards, orders or regulations issued pursuant |
| to the Ciean Ar Act (€2 USC. § 7401 et seq) and the Federal Water Pollton Contr! Ac, as |
| amended (33 US.C. § 1251 et sea). Conivactor must repor all volaons and must require all |
| ‘Uncontractors to report al volstons fo the U.S. Department of Heath and Human Services and the |
| ‘pprepriate Regonal Office of te US. Envionmental Protection Agency |
|
|
| F.Debarment |
| ‘The Gontractorisnot deberred, suspended, proposedfor debarment, decaredineigible, or voluntary |
| «cluded trom participation inthis Agreement by any Federal department or agency. (45 C.F.R. Part |
| 75) |
|
|
| G.__Pro-Children Act/ Environmental Tobacco Smoke |
| ‘Tho Contractors in compliance withthe Pro-Chilren Act of 1994 (Public Law 103-227) m that |
| rohtts smoking n ay pocion ofits facility Used Tor he provision of health ay care, early chichood |
| evelopment services, education or lovary services to chidren under 18which services ae supported |
| by Federal of Stale government assistance (except portions of the facities which are used for |
| patent substance abuse weatmont), (20 U.S.C. § 6081 et soa) |
|
|
| Felony Conviction |
| applicable, the Contractor certifies that has been more than one year ater completion of a |
| sentence served fra felony, (30ILCS § 500/50-10). |
|
|
| 1 Charitable Trust |
| I the Contactors a charitable organization subject tothe Charitable Trust Act (760 ILCS § §5/1), oF |
| ‘he Sotctation for Charity Act (228 ILCS § 4801), the Contractor certifies that al normation required |
| by these statutes has been fle with tie Minos Attomey Genera |
|
|
| J. Grant Funds Recovery |
| Ifthe funds awarded aro subject to the provisions of te Grant Funds Recovery Act (20 ILCS 705), |
| “any funds remaining at he end of te Agreement period which re not expended or legaly obligated |
| by the Contractor must be returned to the Department within 45 days after the expration of is |
| Agreement. |
|
|
| K. Cash Management |
| \f applicable, federal funds received under this Agreement must be managed m accordance withthe |
| Cash Management improvement Act of 1990 (31 USC. 6501 et seq.) and any other applicable |
| federal laws or raguatons. |
|
|
| AAS CERTIFICATION REGAROING LOBBYING |
| ‘The Contractor certiles hat no Federal appropriated funds have been aid or wil be pa, by or on behalf of |
| the Contractor. to any person fr infuencing attempting to indence an office or employee of any agency, |
|
|
| ‘a Member of Congress, an officer or employee of Congress, o an employee of a Member of Congres i |
| onnecon wah the awarding of any Federal agreement, te making of any Federal grant. the making of any |
|
|
| Exhibit A - Page 2 of 17 |
|
|
| UNTITLED-033 |
| Federal loan, the enterng into of any cooperative agreement, oF the extension, contnuston, renews!, |
| ‘amenément, or modification of any Federal agreement, grant. loan or cooperative agreemer |
|
|
| any funds, other than Federal appropriated funds, have been paid or wil be paid to any person for |
| inuencng or atempting to uence any of the above persons in connection wi this Agreement, the |
| Lundersigied must also complete and submnt Federal form LLL, “Disclosure Form to Report Lobbying." |
| ‘accordance with ts structions, |
|
|
| W mere are any indcect costs associated with this Agreement, total lobbying costs must be seperately |
| identited in the Inciect cost rate proposal, and thereaRtr treated as other unallowable activity costs |
|
|
| “The Contractor must indude the language of this certification any contracts wrt is subcontractors. Al |
| ‘suoconivactors are also subject to cetileation and discosure. |
|
|
| ‘Tha centieaton is @ matena! representahon of fact ypon which reliance was placed to enter nio this |
| Irangacton ands 3 prerequise fortis tansachon. pursuant to 31 U S.C. § 1382. Any person who fails to |
| fe the requred ceriicabons are subject to a Givi penally of not less than $10,000 and not mare than |
| {$100,000 foreach such faiure |
|
|
| 4.4 ADDITIONAL CERTIFICATION REGARDING CONFLICTS OF INTEREST |
|
|
| ‘The ilinoss Procurement Code (PA 90-572, Secton 50-13) prohibits a person from acquifing an Agreement |
| ‘withthe Stole f hal person is elected to, appontad io, or employedin any afce of State government and who |
| Fecewes compensation ftom such in excess of 60% ofthe salary ofthe Governor ofthe State of lino, oF |
| ‘noficer or employee of he Capital Development Board hello Tol Highway Authonty,oristhe spouse |
| ‘or minor chi of any such person, |
|
|
| any person as described above i ented to recerve more than 75% of the distributable ncome of a fem, |
| partnership, association oF corporation, or an amount in excess ofthe salary of the Governor, orf inthe |
| ‘aggregate, any such person together wih spouse and minor children are ented to receive more that 15% |
| ‘of he datibutabie ncome, or an amount exces of two times the sary of te governar, then that fem, |
| partnership, essocition or corporation cannot enter int his Agreement and any such Agreements vo. |
| ‘The Contractor must comply wth the other provisions in the linois Procurement Code (PA 90-572 Section |
| 50), regarding partipaton n agreement negotiations by a State of tino employee who has a agreement |
| ‘of employment or passe future employment wih he Contractor. |
|
|
| ‘AAS. GIFTS AND INCENTIVES. |
|
|
| ‘The Contractor is prohibited from ging gifts to Cay or State of linois employees. The Contractor must |
| prove te Cay with advance notice ofthe Coriracto’s providing any gifs, exuding (1)chariabe donators, |
| ‘den 25 incentives to community-based organizations in limols: and (2) cents Wn lknoss 10 assiet te |
| ‘Contractor n carrying out is responsibities under this Agreement. |
|
|
| AA.6 USE AS EMERGENCY SHELTER |
| ‘The Contractor warrant and represents thatthe bulding for which funds under this Agreement are used for |
| ‘one or more ofthe eligi actives willbe maitianved as a sheltor forthe homeless for natlss than 23 year |
| Period, oF for not less than a 10 year period ifthe grants amounts are used for major rehabitaion oF |
| Conversion ofthe bulling. However, i tings are used exclusively ang only for payment of maintenance, |
| ‘operation, insurance, ullies or furnshings, the Contractor must maintain such fecity as a shelter for te |
| Inomeless forthe period during whicn such assistance is provided, |
|
|
| AAT. ASSISTANCE TO THE HOMELESS. |
|
|
| Exhibit A - Page 3 of 17 |
|
|
| UNTITLED-034 |
| ‘The Contractor must comply with the educatonal provisions as cited under Secton Vl, Subtle B, of he |
| Stewart 8. MeKinney Homoless Assistance Act of 1987, a8 snended |
|
|
| “The Contractor must provde assistance tothe homeless in obtaning: (1) appropriate supportive services, |
| including permanent housing, medical health veatment, mentalheain reament, counseling, supervson and |
| ‘other services essential for achveving dependent living: and (2) other federal, state, local and pvate |
| ‘assistance avalabe for such ndwicuals. |
|
|
| “The Contractor must comply wih the Department of Human Service’ Standards for Homeless Services and |
| Programs, 98 may be amended trom tme to te. The Contractor also must (1) meet al appropriate Me |
| ‘Safely codes fr feces used inthe prowsion of services; (2) have a writen polcy of nondiscrmunetion; (3) |
| hhave a wrten poly that attendance ator membership in any organization (church, union, politcal. fateral, |
| ic.) must not be requred as 8 prerequisite for recept of services; (4) have procedures for handing, |
| investigating anc resolung complains; and (5) parcipate m the Emergency Assistance claiming process for |
| famites. The Contractor also must comply wih the formal process established by the Ciy regarding me |
| termination of assistance to any individual or far. |
|
|
| Exhibit A - Page 4 of 17 |
|
|
| UNTITLED-035, |
| ARTICLE l OF EXHIBIT A |
|
|
| UNITED STATES DEPARTMENT OF HOUSING AND URBAN. |
| ‘SUPPORTIVE HOUSING PROGRAM ("SHP") |
|
|
| 21 COMPLIANCE WITH SHP REGULATIONS |
|
|
| ‘The Contractor must comply with, and certifies thatitis in compliance wih lle provisions and regulations |
| ‘of tie SHP Program, and all related Ct of Chicago, State of inoss and United States res, regulations and |
| equirements, ncuding, but not Emited to: SubUe C of Tite IV of the Stowart 8. McKinney Homeless |
| ‘Assistance Act of 1988, 38 amended (42 U.S.C. §§ 11981 el seq) he Supportve Housing Ruse (24 C.F R |
| art $83), Section 3 ofthe Housing and Urban Development Act of 1968 (12 US C. §1701(u): all appicable |
| Fegulations at 24 C.F-R. parts 45 and 8. Fackty Standard Requrements at 24 C.F R. Part (623 () oF) |
| 26 CFR. § 583.315 (elatng to rent), Executive Orders 11625, 12432 and 12138; Netonsl Historic |
| Preservation Act of 1968 as supplemented by Executive Order 11883; Coastal Barrier Resources Act of 1982 |
| (16USC. 3501 et seq), Tite VI and Vil of he Col Rights Act of 1964 (42 U.S.C. § 2000d et seq. and 24 |
| CER Part; Cit Rights Act of 1001; Fair Housing Act (42 U.S.C. § 3601 et sea, ond 24 CFR. Part 100); |
| Executive Order 11083, as amended by Execute Order 12259.nd implementing regulation at24C F R Part |
| 107; Davs-Bacon Ac, as amended (40 U S.C. §§ 276a.-2760-5); Corract Work Hours and Safety Standards |
| ‘Act (40 U'S.C. §§ 327-33 as supplemented by 29 C FR. part 5), National Envronmental Poley Act of 1969 |
| (24 CFR. pant 80) Clean Ar Act (42 U.S.C: §7401 et $0q), Federal Water Poluton Control Act ("Clean |
| Water Act?) (33 U.S.C. § 1251 et seq.) Executive Order 11738, and U.S, Envronmental Protection Agency |
| regulations (40 C.F-R. part 15) the Contractor must repor al violations and must require al subcontractors |
| to report al waations ofthe Clean Air Act and/or the Clean Water Act to the Cy, HUD and the appropnale |
| Rogonal Office of the U.S. Environmental Protection Agency, Flood Disaster Protocion Act of 1973 (42 |
| USC. § 4108), Unform Relocation Assistance and Real Property Acquistion Policies Acof 1970 (22 U.S |
| § 4801), Executive Order 11246, a8 amended by Executive Orders 12086 and 11375 and implementing |
| Teguiatons ai 41 C.F.R. Chapier 60-1;Lead-Based Pant Possoning Prevention Act (42 U.S.C. 4821 el sea) |
| Residential Lead-Sased Paint Hazard Reducson Act of 1992 (Pub L. 101-850: 2 U.S.C. 485% st seq.) and |
| implementing reguations at 24 C.F R. Part 35; Executive Order 12372; Copeland “Ant-Kickback Act (18 |
| US.C.§ 674 and 40 USC. § 276(c) as supplomented by 29 C.F R. part 3), Federal Far Labor Standards |
| ‘Aci(29US.C. §201 et sea). 2s amended, he Unorm Administrative Requrements contained in 24 C.F R, |
| Parts 84 and 85. as amended: Halch Act 5 US.C. §§ 1501-08 and 7324-28), Byrd “Anti-Lobbying” |
| ‘Amancment (31 U.S.C. § 1852}; mandatory standards and policies relaing to energy efciency which are |
| ‘contained i he Stata of linois energy conservation plan issued in compiiance wit the Energy Policy and |
| Conservation Ac Pub L_ 94-163), Program Fraud Civl Remedies Act of 1986, as amended, 31 US.C, §3801 |
| ‘2L.s0a.(m accordance therewth, the Contractor cates or affrms the truthfulness and accuracy of any |
| Statement it has made, It makes, or may make pertaining to this Agreement); and Debarment and |
| ‘Suspension (Executive Orders 12549 and 12680). Additionally. the Contactor must comply with the |
| appicabie provisions of OMB Crculars A21, A-B7,A-102, 4-110,A.122 and A133 as amended, succeeded |
| orrovies, |
|
|
| 22. CERTIFICATION REGARDING LOBBYING |
|
|
| ‘The Contractor certies hat no Federal appropriated funds have been pid or wll be pai, by or on bohatf of |
| the Contractor to any person for inuencing r attempting lo iiuence an fice or employee of any agency, |
| ‘a Member of Congress, an offcer or employee of Congress, or an employee of a Morbor of Congress i |
| Connection wah the awarding of any Federal agreement, tie making of any Federal grant. the making of ary |
| Federal loan, the entering into of any cooperative agreement, oF the extension, continuation, renewal |
| ‘]amencment, ox modification of any Federal agreement, grant. loan or cooperative agreement. |
|
|
| Exhibit A - Page 5 of 17 |
|
|
| UNTITLED-036 |
| 1 any funds, other than Federal appropriated funds, have been paid or wil be paid to any person for |
| infuencng or attempting to influence any ofthe above persons in conecton with this Agrooment, the |
| Underaigned must also complete and submnt Federal form LLL, “Dsclosure Form to Report Lobbyng at |
| ‘accordance wih ts instructions |
|
|
| 1" here are any indirect costs associated with ths Agreement, total dying costs must be separately |
| dentiied nthe indirect cost rate proposal, and thereafter reated as other unallowable activity costs, |
|
|
| ‘The Contractor must include the language ofthis certification in any contracts with ts subcontractors. All |
| subcontractors are also subject to certification and disclosure. |
|
|
| “This certification is a matenal representation of fact upon which relance was placed to enter into this |
| transacton and isa prorequiste fr tis vansaction, pursuant to 31 U.S.C. § 1382. Ary person who fails 0 |
| file te cequred ceritcatons are subject to a ci penally of not less than $10,000 and not more than |
| $100,000 foreach such far. |
|
|
| A23. PARTICIPANT ELIGIBILITY |
|
|
| ‘The Contractor must comply with specific elipbilty equrements of the Supportive Housing Program related |
| tonomelessness and income (24 C.F-R. Part 583). Addonaly, the Contractor must use ts best efforts io |
| ‘onsure that ebgible Nar-to-reach persons are served |
|
|
| 24 PROGRAM REQUIREMENTS |
|
|
| ‘The Contractor mast comply with a specific program requirements, including the folowing. The Contractor |
| ‘must (1) volve homeless, ithe maximum extent feasble, inthe provision of supportive services and nthe |
| ‘governance of the program; (2) conduct an ongoing assessment of housing and supportive services requred |
| by participants and make adustments as approprate; (3) ensure that assisiad housing meets applicable |
| housing qualty standards (habitabiliy standards) (see 24 C.F.R. §589.300), mcluding actual physical |
| inspection of units: (4) ensure that rents for HUD assisted unts are reasonable; (6) enter inio occupancy |
| “agreements with participants and charge and collect rentin aczord wit estabishod standards, (terminate |
| ‘assistance to particpants only inthe mest severe cases, whl ollowng Gue process and any formal process |
| ‘established by the ity |
|
|
| ‘The Contractor must comply with the Department of Human Services’ Standards for Homeloss Senices and |
| Programs, 98 may be amended from time to ume and the educational provisions as cited under Secon Vil, |
| ‘Subtle B, of the Stowart 8. McKinney Homeless Assistance Act of 1987, as amended |
|
|
| A25 MAINTENANCE OF EFFORT |
| {n accordance with 24 CFR. Part 683.150(a) (Maintenance o Effort) the Contractor acknowledges thatno |
| assistance receved under tis Agreement (or any Stale or local government funds Used to supplement tis |
|
|
| ‘assistance) may be used replace funds proved under any tate orlocal government assistance programs |
| Dreviously used, or designates for use, to assst homeless persons. |
|
|
| Exhibit A - Page 6 of 17 |
|
|
| UNTITLED-037 |
| ARTICLE i OF EXHIBIT A |
|
|
| unr {ENT OF HOUSING AND URBAN DEVEL( |
| "SHELTER PLUS CARE ("S+C") PROGRAM |
|
|
| A341 COMPLIANCE WITH S#C PROGRAM REGULATIONS. |
|
|
| “The Contractor must comply with, and corifies that ts m comiance wih, all the provisions and reguatons |
| ‘ofthe S+C Program, anda elated Cy of Chicago, Slate of lino's and United States rules, regulations and |
| ‘requrements, ncucing, but not iited to: Subtite F of Tite IV of the Stewart B. MeKinney Homeless |
| ‘Asuislance Act of 1985, a6 amended (42 U'S.C. §§ 11381 el sea.) HUD Shelter Pus Care Program |
| Regulatons (24 CFR. part 582), Section 3 ofthe Housng and Urban Development Act of 1988 (12 US. |
| §§1701(a), a appicabie regulations at 24 C.F.R pars 48 and 88, Fact Standard Requeements at 24 |
| CER, Part 8 (8.23 (a) or (b): 24 CFR. § 583.315 (eating torent); Executive Orders 11625, 12432 ond |
| ‘12138; Nationa Histone Preservation Actof 1988 as supplemeniedby Executive Order 11599; Coastal Barrer |
| Resources Act of 1982 (16 U.S.C. 380% el sea); Tile Vi and Vil ofthe Cail Rights Act of 1964 (42 USC. § |
| 20000 et seq. and 24 C.F.R Part). Civ Righis Act of 1981; Fai Housing Act (42 U.S.C. § 3601 et sea, and |
| 24CFR. Past 100), Executive Order 11063, as amended by Executive Order 12258 and implemening |
| ‘eguiaton at 24 C FR. Part 107; Davis-Bacon Ac, as amended (40 U S.C. §§ 276a~-276a-5); Contract Work |
| Hours and Safely Standards Act (40 U.S.C. §§ 327-33 as supplemented by 29 CFR. par 5) National |
| Eneronmental Pc Act of 1969 (24 CFR, pat $0), Clean Ae Act (42 US.C. §7401 el sea): Federal Water |
| olution Control Act (Clean Water Acr) (53 USC. § 1251 et seq.) Executve Order 11738, and US. |
| Enaronmenta Protecton Agency regustons (40 CFR. part 18), the Contractor must report all olatons and |
| ‘must requre all subcontractors to repor all wlations of the Clean Air Act andlor the Clean Water Act fo the |
| ‘Gi, HUD andthe appropriate Regina Office of te US. Enveonmental Protecion Agency, Flood Ossastor |
| Protection Act of 1973 (42 U'S.C. § 4108), Uniform Relocaton Assistance and Real Property Acquision |
| Pocis Act of 1970 42 U.S.C. § 4601), Executive Order 11246, as amonded by Executive Orders 12086 and |
| 111375 and implementing reguations at 41 C.F R. Chapter 60-t-Lead-Based Pain! Poisoning Prevention Act |
| (42 USC. 402% etg0q Residential Lead-Based Paint Hazard Reducton Act of 1992 (Pub. 101-550; 42 |
| US.C, 4851 et seq) and implementing requlatons at 24 C.F R. Part 35, Executive Order 12372; Copeland |
| “Ant-Kiekback”Aet (18 U.S.C. § 874 and 40 USC. § 276(c) as supplomentod by 29 C.F R. part 3). Federal |
| Far Labor Standards Act (29 U.S.C. § 01 et seq): the Union Administrative Requirements contained |
| 2AC.FR. Ports 84 and 85, as amended, Haich Act5 U.S.C. §§ 1501-08 and 7324-28); Byrd “Ant-Lobbying* |
| ‘Amendment (31 US.C. § 1352}; mandalory standards and policies relating to energy efcency which are |
| Ccontaned in te Stato 0 tinois energy conservation pion Issued in compliance wit the Energy Pobcy and |
| (Conservation Act (Pub. L.94-163); Program Fraud Givi Remedies Actof 1866, as amended, 31US.C. §3801 |
| ‘220g (mn accordance therewith, te Contracior cates or affims the tuinfulness and accuracy of any |
| Statement it has made, it makes, of may make pertaining to this Agreement); and Debarment and |
| ‘Suspension (Executive Orders 12549 and 12689). Additenally, the Contactor must comply withthe |
| applicable provisions of OMB Circulars A-21, A-B7,A-102, At 10, A122 and 133.98 amended, succeeded |
| orreviced |
|
|
| 3.2. CERTIFICATION REGARDING LOBBYING |
|
|
| ‘The Contractor corttos that no Federal appropriated funds have been paid or wil be pai, by or on beh of |
| the Contractor to any person for inuencing or altemping to influence an oficar or employee of any agency. |
| ‘8 Member of Congress, an offcer or employee of Congress, or an employee of a Member of Congress in |
| Connecion wih the awarding of any Federal agreement, te making of any Federal grant, the making of any |
| Federal loan, the entering into of any cooperative agreement, oF the extension, continuation, renewal, |
| ‘amendment, or medication of any Federal agreement, grat. lan or cooperative agreement. |
|
|
| Exhibit A - Page 7 of 17 |
|
|
| UNTITLED-038 |
| {f any funds, other than Federal appropriated funds, have been paid or wil be pald to any person for |
| in ueneng or attempting to influence any of te above persons in connection wih tis Agreement, the |
| Undersigned must also complete and submit Federal form LLL. “Disclosure Form lo Report Lobbying,” lt |
| ‘accordance with ts instructions, |
|
|
| N tere are any indirect costs associated with this Agreement, total jobbyng costs must be separstely |
| identified in the indirect cost rate proposal, and thereafter treated es other unallowable activity costs, |
|
|
| ‘The Contractor must include the language of ths certification m eny contracts with its subcontractors. All |
| subcontractors are also subject to certification and disclosure |
|
|
| ‘This certfication is @ material representation of fact upon which reliance was placed {0 enter into his |
| \wansacton and isa prerequisite fr this tansacton, pursuant to 31 U.S.C. § 1352. Any person who fas to |
| fle the required certifications are subject to 2 civi penaly of not less then $10,000 and not more than |
| '$100,000 foreach such faire. |
|
|
| A33. PARTICIPANT ELIGIBILITY |
|
|
| ‘The Contractor must comply with speciic eighty requremants of the SC Program related to |
| homelessness, disabilty, anc very low income, 24 C.F R. Pan 582. Adctionaly, the Contracir must uses |
| ‘est efforts to ensure thal elgble hard-to-reach persons ae served |
|
|
| A4 MATCHING REQUIREMENT |
|
|
| ‘The Contractor certifies that wil provide or ensure the provision of supportive services appropriate to the |
| ‘needs of the population being served and at least equal in value to the aggregate amount of rertal assistance |
| provided by HUD. |
|
|
| ‘The Contractor further gives reasonable assurance that supportive services will be mace avalible to |
| Participants fo the entire term ofthe rental assistance. |
|
|
| 35 PROGRAM REQUIREMENTS |
|
|
| ‘The Contractor must comply wih al specific program requirements, ining he folowing. The Contractor |
| ‘must: (1) involve homeless, othe maximum extent feasible, nthe prowsion of supportive services and inte |
| ‘governance ofthe program: (2) conduct an ongoing assessment ofhousing and supportive services requred |
| By partcipants and make aqustmonts as appropriate; (3) ensure that assisted housing meats appicabie |
| housing quality standards (habiabilly standards) (see 24 C.F-R. §589,200), including actual physical |
| inspection of units: (4) ensure that rents for HUD assisted units are reasonable; (5) enter info occupancy |
| ‘agreements with participants and charge and collect rentin accord wih estabished standards; (6) terminate |
| ‘assistance to participants only inthe most severe cases, while folowing Cue process and any formal process |
| ‘established by the City |
|
|
| “The Contractor must comply wih the Department of Human Servces' Standards for Homeless Services and |
| roarams. as may be amended from time to time and the educational provisions as clted under Section VI, |
| Subtitle 8, ofthe Stewart B. McKinney Homeless Assistance Act of 1987, as amended. |
|
|
| AS6 MAINTENANCE OF EFFORT |
| Inaccordance with 24 C.F R. Par $83,150(a) (Maintenance of Effort), the Contractor acknowledges thatno |
| ‘asestance received under ths Agreement (or any Sate o local government funds uses to supplement tis |
|
|
| sistance) may be used to replace lunds provided under any Stale o loca government assistance programs |
| previously used, or designated for use, to assist homeless parsons. |
|
|
| Exhibit A - Page 8 of 17 |
|
|
| UNTITLED-039 |
| ARTICLE 1V OF EXHBIT A |
|
|
| INITED STATES DEPARTMENT OF HOUSING AND URGAN DEVELOPMENT |
| [EMERGENCY SHELTER GRANTS ("ESG") PROGRAM |
|
|
| AAt1. COMPLIANCE WITH ESG PROGRAM REGULATIONS |
|
|
| “The Contractor must comply with, and certifies that its n compliance with, lhe provisions and reguatons |
| ‘ofthe ESG Program, and all lated City of Cicago, State of minors and United States rues, reguatons and |
| requirements. eluding, but not ite Io: Sublte B of Tite IV of the Stewart 8. McKinney Hemless: |
| ‘Aswstance Act of 1988, 2s amended 42 U.S.C. §§ 11381 et sea.) Sectons 83210), 832(c) 8320), 832/61) |
|
|
| ‘and 1402(6) ofthe Housing and Community Development Ac of 1992 (Pub. L. 102-580), HUD Regulations |
| found at 24 CFR. pan 576; Facity Standaré Requrements at 24 C F:R. Part 8 (8.23 (a) oF (b): 28 CFR. |
| '§ 583.315 (relating to rent; Executive Orders 11625, 12432 and 12138, National Historic Preservation Act |
| (011966 as supplemented by Executive Order 11593; Cossal Barner Resources Act of 1882 (16U.S.C. 3501 |
| ‘eLs2q ) TWe Vi and Vl of the Civ Rights Act of 1964 (42 U.S.C. § 2000d et seq end 24 C.F R. Part) Civ |
|
|
| Rights Act of 1981; Far Housing Act (€2 USC. § 3601 of seq. and 24 CFR. Part 100) Execute Orcor |
| 11003, 2s amended by Executve Order 12259 and implementing regulation et 24 C.F.R. Part 107; Contact |
| Work Hours and Safety Stancards Act (40 U.S.C. §§ 327-33 as supplomented by 29 C.F R. pat); National |
| Enaronmental Py Act of 1969 (24 C.F R. part 80}, Clean Ar Acl(42 U.S.C. §7401 gt sea); Federal Water |
| otution Conirol Act (Clean Water Ac") (33 U.S.C. § 1251 el seq); Executive Order 11738, and US, |
| Enuronmenial Protection Agency regulations (40 C.F R. pat 15) the Contractor must report al voistons and |
| ‘must requre all subcontractors fo report all vlaions ofthe Clean Air Act andlor the Clean Water Act o the |
| City, HUD and the appropriate Rogonal Office ofthe U.S. Enueonmental Protection Agency; Flood Ossastor |
| Protection Act of 1973 (42 U.S.C. § 4106), Uniform Relocaton Assistance and Real Property Acqusioon |
| otcies Act of 1970 (42 U.S.C. § 4601); Executive Order 11246, as amended by Executive Orders 12086 and |
| 11375 and imolerenting requatons at 41 CFR. Chapter 60-1 Lead Based Paint Poisoning Prevention Act |
| (42USC, 4821 etsaq |. Resdental Lead-Gased Paint Hazard Reduction Act of 1992 (Pub. L 101-550. 42 |
| USC. 4851 et sea) and implementing reguatons at 24 C.F R. Part 35, Executive Order 12372; Copeland |
| “Ant Keekback” Act (18 US.C. § 874 anc 40 U.S.C. § 276(c) a8 supplemented by 29 C.F R. part 3) Federal |
| Far Labor Standards Act (28 USC. § 201 et seq): the Uniform Adminsivalve Requirements contained in |
| 2ACE.R Pars 84 and85, as amended: Halch Act S U.S.C. 6§ 1501-08 and 7324-28); Byrd "Anl-Labbying” |
| ‘Amendment (31 US.C. § 1352); mandatory stancards and policies relating to energy efciency which are |
| ‘contained inthe State of thnois energy conservation plan issued in compliance with the Energy Policy and |
| Conservation Act Pub. 94-163): Program Fraud Givi Remedies Actof 1986, as amended, 49US.C. §3801 |
| ‘2L.sag, (9 accordance therewith te Contractor certifies or affems the trutvulness end accuracy of any |
| Statement it has made, it mekes, or & may make peraining to this Agreement), and Debarment and |
| Suspension (Executive Orders 12549 and 12680). Adeitenaly, the Corivactor must comply with the |
| applicable provisions of OMB Circulars A21, ABT, A-102, A-110,A-122 and A-133.a6 amended, succeeded |
| orrovised. |
|
|
| 42. CERTIFICATION REGARDING LOBBYING |
|
|
| ‘The Contractor certifies that no Federal appropriated funds have been paid or will be pai, by or on behat of |
| the Contractor to any person for inuencing or attempting to iiuence an ofcer or employee of any agency, |
| ‘8 Member of Congress, an offcer or employee of Congress, or an employee of a Momber of Congress in |
| ‘connection wih he awerding of any Federal agreement, the making of any Federal grant. the making of any |
| Federal loan, the entering info of any cooperative agreement, oF the extension, continuation, enewa |
| ‘amendment, or modiicaton of any Federal agreement, grant lan or cooperaive agreement. |
|
|
| Exhibit A - Page 9 of 17 |
|
|
| UNTITLED-040 |
| any funds, other then Federal appropriated funds, nave been paid oF wil be paid 0 any person for |
| infuencing 0: attemping to infuence any of the above persons m connection with this Agreement, te |
| Undersigned must also complete and submit Federal foem LLL, “Disclosure Form to Report Lobbying." in |
| ‘2ecardance with its instructions, |
|
|
| Were are any indirect costs associated with this Agreement, total lobbying costs must be separately |
| Identified nthe marci cost ate proposal, and thereafter reated as other unallowable activty cost, |
|
|
| ‘The Contractor must include the language ofthis certification in any contracts with ts subcontractors, All |
| sbcontractors are also subject to catiieation and ciscosure. |
|
|
| ‘Ths corification is 2 material representation of fact upon which reliance was placed to enter into this |
| transacton and is a prerequste forts transachon, pursuant to 31 U.S.C. § 1352. Any person who ais to |
| file the requred certifications are subject fo @ Cw penalty of not less than 10,000 and ot more than |
| '$100,000 for each such faire. |
|
|
| 43. MAINTENANCE OF EFFORT |
|
|
| Inaccordance with 24 C.F.R. Part $83 150(a) "Maintenance of Eto"), the Contractor acknowledges that no |
| ‘assistance recelved under this Agreement (or any State o local government funds used to supplement his |
| Sesistance) may be used to replace funds provdedunder any State or local governmontassisiance programs |
| previously used, or designated for use, to assist homeless persons. |
|
|
| 4A ASSISTANCE TO THE HOMELESS |
|
|
| “The Contractor must comply withthe educational provsions as cted under Secton Vil, Subtle B, of the |
| ‘Stewart 8. MeKinney Homeless Assistance Act of 1987, as amended, |
|
|
| “The Contractor must provide assistance to the Homeless in obtaining: (1) appropiate supportve services, |
| induding permanent housing, medal health weatment, mental esth treatment, counseing, supervision and |
| ‘ther services essential for achieving independent living; end (2) other federal, state, local and prvate |
| assistance availabe fr such indivduals. |
|
|
| “The Contractor must comply withthe Department of Human Services He |
| ‘Program, a8 may be amended from time to ime. The Contractor also must. (1) meet all appropriate fe |
| Seley codes for facities used i the provision of services; (2) have a writen policy af nondisermnation: (3) |
| have writen polcy tha attendance at or membership in any organization (church union, politcal, rateral, |
| tc.) must not be requred as a prerequiste for recent of services; (4) have procedures for handing, |
| investigating and resolving complants; and (5) parcipate in the Emergency Assistance claiming process for |
| {amiles. The Contracir also must comply withthe formal process established by the City regarding the |
| {erminaton of assistance to any incividual or family. |
|
|
| AAS USE AS EMERGENCY SHELTER |
|
|
| ‘The Contractor warrants and represents that he buling for which funds under this Agreement are used for |
| ‘one of more ofthe eigibe actives wil be maintained a sheltorfor thehomeloss for not ess than a 3 year |
| period, oF for not less than 2 10 year period If te grants amounts are used for major rehabutation oF |
| Conversion ofthe bulling. However, f funds are used exclusively and only for payment of maintenance, |
| ‘operation, insurance, ublies or furnishings, the Contractor must maintain such fact as a shelter for the |
| homeless forthe period during which such assistance is provided. |
|
|
| Exhibit A - Page 10 of 17 |
|
|
| UNTITLED-041 |
| ARTICLE OF EXHIGIT A |
| ADDITIONAL AGREEMENT PROVISIONS FOR |
| ‘EMERG! ) "7 |
|
|
| ATTACHMENT 1 PREVAILING WAGES. |
| ATTACHMENT 2. PERFORMANCE BOND |
| ATTACHMENT 3. SECTION 3 REQUIREMENTS AND |
|
|
| ‘CITY OF CHICAGO SECTION 3 COMPLIANCE PLAN |
| ATTACHMENT 4 MBEIWBE SPECIAL CONDITIONS AND SCHEDULES, |
|
|
| A.S1 ACCESSABILITY COMPLIANCE |
|
|
| {1 his Agreement involves design for construction or construction, the Contractor warrants that al desion |
| ‘ocuments produced o ullzed under tis Agreement and af constuction or alterations undertaken under |
| this Agreement mast comply with al federal. state and loca! laws ang requatons regarding accessibaty |
| slandares for porsons with isabaues or enveonmentaly lmted persons incuding, But not hmied to, te |
| folowing: the Amencars wit Disables Act of 1980, 42 U.S.C. § 12101 el sea, and the Americans wih |
| Dsabiltes Act Accesstlly Guddeines for Buldings and Faciiies ADAAG"), te Architectural Barnars Act, |
| Pub. L. 90-480 (1968). and the Unform Federal Accessibilty Standards CUFAS"), and the llnors |
| Environmental Baris Ac, 810 ILCS 25/1 et soa. and all regulations promuigated thereunder. bee lino |
| ‘Agminsivative Code, Te 71, Chapter 1, Seczon 400.110, Ite above cted standards ee inconsistent, he |
| CContracor must comply wih the standard providing tho greatest accessbity. Aso, te Contractor mus, prior |
| toconstucton, review the plans and specticatons o insure compliance wih the above referenced standards |
| Ifthe Contractor fas to comply wih the foregoing standards, the Contractor must perform apan at no |
| expense, ane all services required tobe reperformed as a drect or ndrect rel of such faire |
|
|
| ‘AS2_ LICENSE, PERMITS AND SAFETY CONSIDERATIONS, |
| Contracior must, ina timely manner consistent wit ts obligations under his Agreement, secure andmaintan |
|
|
| ats expense such permis, iconses, aubhorizatons and approvals as are necessary to engage in any |
| ‘constuction ot rehablitaton under this Agreement |
|
|
| Contractor must atal imes exercise all easonable care, comply wit all apicabe provisions offederal, state |
| ‘and local aw to prevent accident or injures, including, but not limted to, 29C.F'R. part 1926, an take all |
| ‘appropriate precautons 1 avoid damage to and loss Os propery, Cy property and the propery of turd |
| partes n connection wit any pre<develonment, rehabilitation or constuction work hereunder. Contractor |
| ‘must erect and propery maintain at all times all necessary safeguards, bares, flags and lighs for bie |
| protection of Contactors and Subcontractors’ employees, Cy employees, and the pubic |
|
|
| ‘Contractor ust report tothe ity ary damage on, about, under or adjacent tots property, Cty property ot |
| the property of tied persons resuling from Contractor's performance under bis Agroement. Contacto i |
| responstle for any damage to Ciy property or the property of third parties due. in whole oF in par, 10 |
| ‘Contractor's performance under ths Agreement, and Contractor must remedy such damage to reasonably |
| ‘acceptable standard |
|
|
| 53. PREVAILING WAGES |
| required by law, Contractor must comply, and must cause its Subcoriractors of ny tier to comply with he |
| Davis-Bacon Act, 40US.C. §276aet sea, and Secton 12 of he Housing Act of 1937, regarding he payment |
| ‘ofthe general provaing rate of hourly wage for al aborers, workers, and mechanics employed by or on |
| behalf f Contactor and all Subcontractors in connection with any and al consructon work. The prevaling |
|
|
| Exhibit A -Page 11 of 17 |
|
|
| UNTITLED-042 |
| ‘ates of wages applicable at the time of execution of this Agreement are included as tachment tof Extibit |
| {Act this Agreement, which is ncorporsted by reference as though fully set forth hecin. |
|
|
| A.S4 PERFORMANCE BOND |
| required by law: |
|
|
| ‘A. Contractor wil provide or wil cause is Subcontractors of any ero provide a performance bond with |
| 2 Surely acceptable to the Ciy inthe amount of the rehabilitation and constructon services tobe |
| performed. Except as proved in paragraph (b) below, the performance bond mast bein the form of |
| City Form PW. 62, alached hereto as Atachment 2 of Avice V of ExNDI A of ths Agreement, |
| whichis hereby incorporated by refecence a i fly set Toth hecoin. |
|
|
| B. _fthe Contractor does not recy perform the construction andlor rehabilitation work, the Contractor |
| ‘must, prior o the commencement of cansirucboniehabiliaton,requre is ganeal contractor, Os |
| individual contractors when a general contractor 1s not used, to be bonded, for any wrk to be |
| performed, for performance and payment, by sureties having an AA rating o* beter, using Amencan |
| Institute of Architects Form A311 or A312, The Cty must be named as an additonal obigee on each |
| sch bond, |
|
|
| “The Contractor expressly acknowledges thal the City may withhold funds under this Agreement, unt |
| ‘he bonding requirement described in subsection (A) or (B) hereof is satisfed, as determined by the |
| Chet Procurement Oficer |
|
|
| AS COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY LAWS, |
|
|
| Contractor must identity and comply wit all envronmental laws, statutes, ordinances and reguations relating |
| to environmental matters incusing, witout imtaton, the Comprehensive Environmental Response 2nd |
| ‘Compensation and Liabity Act, 42 U.S C. § 9601 st sea, the Hazardous Material Transporation Ac, 49 |
| USC. § 1801 ot sea. the Resource Conservation and Racovery Ac of 1976, 42 US.C. §6901 et seq. the |
| ‘Clean Wator Act, 33 U.S.C § 1251 eLsea. the Clean Ai Act 42 U'S.C § 7401 et sea, the Toxic Substances |
| Control Act of 1876, 15 USC. § 2601 ef seq. the Safe Drinking Water Act 42 US.C. § 300f, the |
| ‘Gccupational Safety and General Services Actof 1970, 29 U.S.C. §651 gt. the Emergency Planeng and |
| ‘Communty Righto-Know Act. 42 U.S.C. § 11001 et seq, the inois Envronmental Protection Act, 415 1LCS |
| 5/1 sea, and the Municipal Code of Chicago, each as amended or supplemented, and ay other present |
| ‘or future law, ordinance, rule, reguiaton, permit or permit condition, order or directive reguatng, relating to |
| ‘oF imposing ably or standards of conduct conceming any lead-based paint, wastes, special wastes of |
| hazardous materials (collectvely “Envronmental Laws"). if the Contracior fais to comply wih any |
| Envronmental Laws, the City may terminate tis Agreomont in accordance wit the defeut provisions offs |
| ‘Agreement. |
|
|
| Contractor musta al times comply wit al applicable provisions of federal, state and local laws related tothe |
| se testing and abatement of lead-based pant including. but not ited io, Resrdential Loae-Based Paint |
| Hazare Reduction Act of 1092 (Pub. L. 101-850; 42 U.S.C. 485 el eq) and implementing regulations at 24 |
| CFR, Part 35 and 40 CFR. parts 260-271, |
|
|
| ‘The Contractor must comply wit the Minis Health and Safety Act, 9s amended, 820 ILCS 2283 atsaa, The |
| ‘des pursuant to tis Act are on fle withthe Secretary of State of lino's ane ae identical in every respect |
| withthe standards in effect under Federal OSHA standards, pursuant to orders of the Iinois Industrial |
| ‘Commission. Pursuant to the Federal and State standards, Contractor must provide reasonable protecion |
| {the tves, health and safety of all persons employed under the Agreement Such act and rules andthe |
| applicable parts thereot wil be considered par of tus Agrooment |
|
|
| Exhibit A - Page 12 of 17 |
|
|
| UNTITLED-043, |
| ASG RETAINAGE |
|
|
| 1t required by law, notwithstanding any other provsion of ts Agreement, the Cy wil retain 10% of al |
| ‘armounts up 19 the frst 50% of the total price under this Agreement which otherwase would be payable to |
| Contract |
|
|
| Whenever, inthe opinion of Contractor, the wark has achieved substantial completion, Contractor wil tty |
| {he Commissioner in wring tha the work willbe ready for inspection andlor testing ona definite date. Notce |
| Wilde guen atleast 5 calendar days in advance of such date. Ifthe Commissioner concurs that te project |
| 's ead for inspection andlor testing on tho date given, the Commissioner will arrange for such inspection at |
| ‘a convenent ime fora partes, but witun a reasonable period of tm. Ifthe work i found to have achieved |
| ‘substantial completon in accordance with the Agreement, the Ciy wil retan 3% of the aforementioned |
| teserve and release the balance tothe Contractor |
|
|
| ‘Upon (1) fina acceptance ofthe work: (2) the Contractor's compliance wih the Agreement's canditons for |
| ‘payment and performance of the werk covered by the Agreement in accordance wih te tems and conditons |
| hereot and complarice with al other terms and conditions of the Apreement, (3) payment to |
| ‘Subcontractors, workere, employers, suppliers anc materalmen for work performed ang materals supple; |
| ‘and (4) compuiation of ie final quantives of work, the final retained amount less any damages of other |
| ‘amounts thal he Chvel Procurement Offeer determines shouldbe deduced, willbe paid tothe Contractor a |
| final payment. |
|
|
| AS7NOLIEN-PROVISION |
|
|
| ‘The Contactor must notiy ts Subcontractors that no mechanics’ liens under the linois Mechanics Lien Act, |
| TIOILCS 6010.01 et seq, wil be permitied to arse, be fled, or mantained agains public funds, ths project, |
| ‘or any part thereo, oF ay interest there, or any improvements thereon, oF against any monses due OF © |
| Dbecome due to Contractors Subcontractors on account of any work, labo, services, malrils, equipment, |
| ‘rather tems performed ortumished for rn cannection wih the project hereunder. The Contacto, or sell |
| ‘2d it Subcontractors, does hereby expressly release and relinquish such liens and al nights to fle or |
| ‘anne auch en, and acknowledges fare al us wawer of bons and waiver ofthe ight ot or maintain |
| Such liens wil be an independent covenant. if any of Contracior’s Subcontractors, employees, officals, |
| ‘agents, or anyother person directly or indrecty acting for rough, oF under any of them fies or maintains 3 |
| lien of Gaim as described above, Contractor must cause such hans and claims to be satsfieg, remved. or |
| ‘ischarged by bone, payment ar etharwise, within 30 days fom the date of fing theroo!. |
|
|
| ‘A-5.8 PROTECTION OF EXISTING STRUCTURES AND PROPERTY |
|
|
| ‘The Contractor wil avoid damage, as a resut of ts operation, to trees, pantie, existing sidewalks, curbs. |
| streets, alleys, pavements, ulites,adjoning property, the work of other contractors, ang the propery of re |
| City and third partes and wil at its own expense repair any damage caused thereto by Gonivactor’s |
| ‘operations. |
|
|
| AS9_ NESHAP COMPLIANCE ON CITY CONTRACTS. |
|
|
| “The Contractor warrants hal at work performed under this Agreement the Contractor orits Subcontractors, |
| ‘must be performed in accordance with all federal, state and local laws and reguitions, inluding But not |
| limited to, the National Emission Standards for Hazardous Ai Polutanis (NESHAP"), 20 CFR. § 61.145, |
|
|
| Exhibit A - Page 13 of 17 |
|
|
| UNTITLED-044 |
| A510 SECTION 3 CLAUSE |
|
|
| In the event the funding under tis Agreement exceeds $100,000 and the Contractor performs construction |
| ‘oF rehabiltaion actives, or the funding under this Agreement exceeds $200,000 and the Contracor uses |
| 2 subcontractor oF subcontractors to perform construction of reheblitston acini, the Contractor must |
| ‘comply with the Secton 3 Clause, altached hereto as Atiachiment 3 of Arie V of Exit Aol ths Agreement, |
| ‘and te Cy of Cheago Secton 3 Compliance Pien Bookie |
|
|
| A-S:11 CHICAGO RESIDENCY REQUIREMENTS |
|
|
| I the funding under this Agreement is $100,000 or more, and except as otherwise prohibited by law, the |
| Contractor and all Subcontractors that perform work on-site onthe consiructon project undertaken pursuant |
| to tis Agreement must comply wih the misimum percentage of total worker hows performed by actual |
| resents of the City of Cicage specified n Secton 292-330 ofthe Murscpal Code (atleast 50% ofthe total |
| Workor hours must be performed by aciul residents of the Cty of Chicago) Provided, however, thal it |
| ‘adstton to complying wh this percentage, the Contractor and all Subcontractors must make good fh efforts |
| {ouilze qualified residents ofthe City of Chicago m both unshiled and skiled labor postions |
|
|
| ‘Acontractor or bidder may request a reduction or waiver of this minimum percentage evel of Chicagoans 2s |
| provided for in Section 2:92-530 in accordance with standards and procedures developed by the Chie! |
| Procurement Ofteer |
|
|
| "Actual residents of the City of Chicago" means persons domiciled within te Cy of Chicago. The domiote |
| 's an inévdua's one and only tue, fxed and permanent home and principal estabishment |
|
|
| ‘The Contractor must provide for the maintenance of adequate employee residency records to ensure that |
| ‘actual Chicago residents are employed on the propect. The Contractor and is Subcontractors must mamtain |
| ‘copes of personnel documenis supportive of every Chicago employee's actual record of residence. |
|
|
| Weekly cetited payroll cepots (U.S. Department of Labor Form WH-347 or equivalent) submited to te |
| Commissioner of the supervising department in pica, must denity clearly the actual residence of every |
| ‘employee on each submited cetfed payroll. The fist me that an empioyee's name appears on apayrol, |
| the date tal the company hired the ployee should be writen in after te employee's name. |
|
|
| Full access to the Contractor's and Subcontractors’ employment records must be granted to the Chiat |
| Procurement Officer, the Comenissioner of the supervising department, the Superintendent ofthe Chicago |
| Police Department, the Inspector General, or any duty authorized representative thereof. The Contractor and |
| ‘Subcontractors must maintain al relevant personne! data and recorés fra period of alleast tree years afar |
| fina acceptance of the work |
|
|
| [At the direction of the superving department, affidavits and ofr supporing documentation wal be required |
| ofthe Contractor to verty or carty an employee's actual address when doubt or lack of lat has arisen, |
|
|
| Good faith efforts on the pat ofthe Contractor to prove utlizaton of actual Chicago residents out not |
| suficiont for the granting of @ waver request as provided for in the standards and procedures developed by |
| ‘the Chief Procurement Oice) wil ol sufice to replace the actual, veriied achievement ofthe requrements |
| ‘ofts Section conceming the worker hours performed by actual Chicago residents. |
|
|
| Exhibit A - Page 14 of 17 |
|
|
| UNTITLED-045, |
| When the work is completed, the Gly has determined tat the Contractor fed to ensure the flfament of |
| the requrements ofthis Section concerring the worker hours performed by actual Chicago resicentso faled |
| to reportin te mannet as ndicated above, he Cy wil thereby be damaged In the flue to provde the |
| benef of demonstrable employment to Chicagoans tothe degree stipulated m ths Secton. Therefore, in |
| sucha case of non-compliance is acknowledged thal one: twentieth of one percent ofthe approved contact |
| value fortis Agreemert willbe surrendered by the Contractor tothe ity in payment foreach percentage of |
| shortfall toward the stipulated residency requrement, Failure to repor the residency of employees entirely |
| ‘and corectly wil resut in the surrender ofthe entre liquidated damages as no Chicago residents were |
| ‘employed. The wit fasticaton of statements te certicaton of payroll data may subject the Coatrecor |
| ‘or Subcontractors or employeeto prosecuton. Any retainage i cover coriract performance thatmay become |
| {veto he Contractor pursuant to Section 2-92-250 ofthe Municipal Code may be wibheldby the Cily pending |
| the Chet Procurement Ofice's determination whether the Contracior must surender damages as provided |
| in ts paragraph |
|
|
| 'Notung herein provided wil be construed tobe a ltation upon the "Notice of Requirements For Alferative |
| ‘Acton To Ensure Equal Employment Opportunity. Executive Order 11246" and “Standard Federal Equal |
| Employment Opportunty, Execullve Order 11240" o oferaffrmatve action requred for equal opporurty |
| Under the prowsions ofthis Agreement. The Contractor must include this provision in all subcontracts. |
|
|
| UNTITLED-046 |
| ATTACHMENT 4 OF ARTICLE V OF EXHIBIT A |
| PREVAILING WAGES: |
|
|
| UNTITLED-047 |
| ATTACHMENT 2 OF ARTICLE V OF EXHIBIT A |
|
|
| PERFORMANCE BOND |
|
|
| UNTITLED-048 |
| ATTACHMENT 3 OF ARTICLE V OF EXHIBIT A |
| ‘SECTION 3 REQUIREMENTS AND |
| ( APPLICABL |
|
|
| UNTITLED-049 |
| “The work to be performed under this Contracts subject to the requrements of Section 3 (Sacton |
| S'}of he Housing and Urban Development Ac of 1868, as amended, 12 U.S.C. 170tu (be |
| "Housing Act"). The purpose of Secton 3s to ensure that empioyment and other economc |
| ‘opportunities generated by HUD assstance or HUD assisted projects covered by Section 3, must, |
| ‘0 the greatest extont feasbie, be dected to low- and very low-income persons, parsculary |
| persone who are recpients of HUD assistance for housing. Terms used in this Section have the |
| ‘reanings ascribed thereto in Section 3 orn the reguations promulgated under the Housing Act |
| (the "Reguiations") and found at 24 C.F-R Part 138, |
|
|
| “Tne Contractor must comply withthe Reguatons which implement Section 3. As evidenced by |
| sts executon of tus Contract, the Contractor certfies that tis under no contractual or other |
| |mpeciment that would prevent & rom complying with the Regulations |
|
|
| “The Contractor must sen to each labor organization or representative of workers wid which the |
| Contractor has a collective bargaining agreement or other understanding, any. a netce advising |
| the labor organization or workers representative ofthe Contracio’s comments under this |
| ‘Section, and to post copies ofthe notice in conspicuous places atthe worksite where both |
| ‘employees and applicants for taining ané employment postions can see he notice. The notice |
| ‘must describe the Section 3 preference, must set forh minimum number and job bles subject 0 |
| hee, avatablty of apprenticeship and traning positons, the quaiicatons for each and the name |
| ‘and locaton of he person(s) taking applications for each of the postions; and the antepated date |
| {the work wil Bog |
|
|
| ‘The Contractor must include the language contained inthis Section in every subcontract subject |
| to compliance win the Regulations and mast take appropriate action, as provided in an applicable |
| proviso of the subcontractor inthis Section, upon @ finding thet any subcontractor wath whom |
| {he Contractor contracts isn vetaton of the Regulations. The Coriractor wil not subcontract wit |
| ‘any subconiracor whore te Cantracor has notice oF knowledge thatthe subcontractor has been |
| {ound in vation of te Regulatons |
|
|
| ‘The Contractor wil certify that any vacant employment postions, inctudng trainng positions, that |
| ‘ar0 fled (1) afer the Contractor is selec but before the Contact is executed and (2) wit |
| persons other han those to whom the Regulations require employment opporunites to be |
| rected, wore rat filed to crcumvent the Contractors oblgatons under the Regulatons, |
|
|
| Noncompiiance with te Regulations may resultin sanctions, including, but not lied to, |
| termination of this Contract for default, and debarment or suspension from future HUD assisted |
| ‘contacts |
|
|
| Section 3 Requirements - Page 1 of 7 |
|
|
| UNTITLED-050 |
| ‘SECTION 3 ACKNOWLEDGMENT & DEFINITIONS |
|
|
| ACKNOWLEDGMENT |
|
|
| “The Contractor acknowledges recip rom the Cty ofa copy of he Cty of Chicago Saction 3 |
| Compliance Plan booklet (Bookset"). The Contractor must complete oF cause lobe competed, |
| ‘28 applicable the forms contained therein and referenced heren, and to submit these forms tothe |
| City at such times as are nated heren or otherwise required. Tho Contactor hereby represenis |
| ‘and warrants that al forms heretofore or heroater submited by or on behalf of the Contractor are |
| ‘r wilbe tue and correct and that work under the Contract willbe came aut in accordance wh |
| the existing employee list, new hie pan, trang plan, contracting pian, and compliance effort |
| narrate, as appicabe, ss submited by the Contractor lo tre Cay unless otherwise agreed 10 in |
| ‘wring by the Chef Procurement Ofer |
|
|
| DEFINITIONS |
| “Section 3 resident” means: |
|
|
| 1. alow- or very low-income person, as defined in Section 3(b)2) ofthe US. Housing Act of |
| 1937, residing wahin the metopolian area in which the Corwact wil be performed, of |
|
|
| public housing resident. |
|
|
| “Business concern” means a business ently formes n accordance with state law, and which i |
| licensed under state, county or municipal law fo engage mn the type of business activity for which it |
| was formed |
|
|
| “Soction 3 business concern” means @ business concern |
|
|
| 1. that is 51% or more owned by Section 3 residents; or |
|
|
| whose permanent, ume employees clude persons, atleast 30% of whom. |
| 8. aro curenty Section 3 residents; or |
|
|
| b. wore Section 3 residents a the tme when the business concern intialy employed |
| ‘hem, prowded the dat o intial employments nat more than free years ago; oF |
|
|
| i, that commits to subcontract in excess of 25% ofthe doar ammount of al subcontracts to |
| 'be awarded in connection win the Contact to Secton 3 business concems as defined in |
| (2nd (i) herein above |
|
|
| Pease refer tothe Bookle! for numerical goals end order of preference established by HUD for |
| ‘he employment of Section 3 residents and subcontracting awards lo Section 3 business |
|
|
| Section 3 Requirements - Page 2 of 7 |
|
|
| UNTITLED-051 |
| CANVASSING FORMULA PREFERENCE FOR SECTION 3 BUSINESS CONCERNS: |
|
|
| \Wn respect to any Secton 3 covered contrac to be awarded pursuant fo competitive sealed bddng, the |
| Chet Procurement Othcer wil accept the lowest bid or evaluated bid pice fom a responsive and |
|
|
| responstie Section 3 business concern Clow Section 3 Did) provided thatthe low Secton 3 bd does not |
| ‘exceed the lowest bid or evaluated bid price ftom a responsive and responsible non-Secton 3 business |
|
|
| concer Clow bic") by more than the folowing: |
|
|
| where the low bid is |
|
|
| tess than $100,000 |
| between $100,000 and $198,999 99 |
| between $200,000 and $298,999.99 |
| ‘between $300,000 and $399,999.99 |
| between $400,000 and $499,999.99, |
| between $500,000 and $999,999.99 |
|
|
| the tow Section 3 bid doos not exceed the low bid by the |
| lesser of |
|
|
| 410% of the low bid oF $9,000 |
| 9% of ie low bd of $16,000 |
| 8% of te low bid or $21,000 |
| 7% of ie low bi or $24,000 |
| (6% of Below bid or $25,000, |
| 15% of he low bid or $40,000 |
|
|
| ‘between $1,000,000 and $7,699,099.99 4% ofthe low bid or $80,000 |
| between $2,000,000 and $3998, 999.99 3% of the low bid or $80,000 |
| between $4,000,000 and $6,099,999.99 2% ofthe low bid or $105,000 |
|
|
| $7,000,000 or more |
|
|
| “5% of the low bid |
|
|
| ‘SECTION 3 OPPORTUNITIES PLAN |
|
|
| ‘A. BACKGROUND INFORMATION |
|
|
| Prior to award ofthe Contract, the Contractor must provide the Department withthe fotowng |
|
|
| information: |
|
|
| 1 Abst ofall eurent contracts the Contractor olds with the City (FORM.2), |
|
|
| The City service area in which the projec is located (worksheet for FORM-3) and |
|
|
| iL list ofcurent employees and jb categones, including employee aderesses and hiring |
|
|
| dates (FORM), |
|
|
| Section 3 Requirements - Page 3 of 7 |
|
|
| UNTITLED-052 |
| EMPLOYMENT AN |
|
|
| To ensure maximizaton of the use of Section 3 residents as trainees and employees. the |
| Contractor is requires to: |
|
|
| Participate m a Pre-Award Conference where the Contractor must submit a wntten plan |
| wit respect to hinng Section 3 residents as employees and trainees. This wntten pian |
| ‘must ince the folowing: |
|
|
| Goals forthe traning and employment of Secton 3 residents expressed as |
| percentages of the planned aggregate number of new hres for he Contract |
| ‘sung the one-year period begnning December 1, 1999, and each successive |
| ‘one-year period ofthe Contracts perormance, |
|
|
| b._Ahinng plan which includes job categories, expected total numberof new hires |
| ‘and numberof Section 3 res, and begining and ending work dates for |
| ‘expected now hires (FORMS), |
|
|
| ‘© Attaining plan which clades antirpated areas and types of traning (FORMS). |
| ane |
|
|
| 4. A description ofthe method used 1 develop the goals in part () and the methods |
| ‘trough wich these goals wil be achieved, ncuding the exten lo which the |
| preferences outined herein above wil be applied (form entitled "Eos to |
| ‘Comply wih Section 3 Hinng and Contractng Goals Narrative) |
|
|
| H.——-Mantain, and cause ts subcontractors to maintan, a record of persons applying fr |
| postions throughout the term ofthe Contract. This record must nctude te applicants |
| ame, adress, famly come, the dale ofthe application and the aisposiion af some. |
| ‘This record should be used by the Contactor to achieve is Section 3 hing goal. Hiring |
| wal be based frst on the appicant's quatficaions and second on the date of application |
|
|
| WL Submit woeky cortiiod payral reports tothe Department wich idently wheter each |
| ‘employee is 2 Secton 3 resident, the actual residence of earn employee, and other |
| Information as required (FORM. 11). The fest me hat an employee's name appears on a |
| payrol the date thatthe Contractor hired the employee shoul be writen n aftr the |
| ‘employee's name. In additon the Contactor must obtain, and cause fe subcontractors to |
| ‘obiain, affidavits from new hires certifying ther status as Secson 3 resicents (FORM-9) |
| ‘Affdavts must be subratied tothe Department togother wit the certited payroll report |
| the fist te thatthe employee's name appears an the report. When @ Secton 3 |
| ‘employee is terminated, the Contracior must submt fo the Department together withthe |
| Certieg payroll report, an employes termination tacking Yorm which wentfes terminated |
| Section 3 employees (FORM-12). |
|
|
| Section 3 Requirements - Page 4 of 7 |
|
|
| UNTITLED-053, |
| |v. Exert maximum effort to achieve ts Section 3 hiring gost. The Contractor must send each |
| labor organization or representative of workers wit which the Contractor has a colectve |
| bargaining agreement or other understanding a notice explaning the Contractor's |
| ‘Commimenis under this Section. The Contractor must also post copies ofthe notice in |
| ‘Conspicuous places al the work ste where both employees and applicants for aang and |
| ‘employment positons can see the notice. The nosce must describe the Secton 3 |
| preference, must sal forth mrumum number and job ites subject to hie; avalabilty of |
| ‘pprentceship and training positons and the qualifications foreach; the name and |
| tocalion ofthe person taking applications fo each of the positons, andthe anticipated |
| date the work wil begin. The Contractor may also utize addtional methods of fling |
|
|
| ¥. Document its efforts to armatively seek Section 3 residents by manntainng copies of |
| ‘Bovertisements and postings of job vacancies. Further, the Contractor must maintain |
| ‘Copies of letters, memos and records of elophane alls which request reteral of |
| ‘applicants trom traning institutions. |
|
|
| ‘vi. Should te Contractor, after exhausting all methods isted above, be unable to hire |
| Section 3 residents n sufficlent numbers, l must advise the Deparment n writing of ts |
| ‘desire to obtan ret from these ablgatons. This request shoul be fled nolaer than |
| five working days fom be Contractors determination that iteannot comply. The request |
| ‘must be received and approved before another payouts made. Upon recening this |
| Fequest, the City wil examine the Contractor's documentation of is efforts and wit |
| elormine 1 rele willbe granted |
|
|
| ‘SUBCONTRACTING OPPORTUNITIES |
|
|
| ‘To ensure maximization ofthe use of Section 3 business concers as subcontractors, the Contractors |
| required to |
|
|
| A |
|
|
| Partcpate m a Pre-Award Conference at which ime the Contractor must submit 2 written plan |
| with respect tothe utzation of Sacton 3 business concems as subcontractors. This writin plan |
| ‘wal elude: |
|
|
| 1. goal expressed 2s 2 percentage of total planned subcontracting dolar forthe |
| nization of Section 3 business concems as subcontractors; |
|
|
| ‘The dotar amounts and types of al planned subcontracting, and whether it wl be with |
| ‘Section 3 business concems (FORM). |
|
|
| ik _A.deserption ofthe method used to develop the goals in part () and the methods trough |
| ‘whoch these goals wil be achieves. including the exten o which the preferences outined |
| hereinabove wil be appiod (orm entited "eflots to Comply with Section 3 Hring and |
| Contracting Goals Narrative") |
|
|
| ‘Submit an affidavit ofeach subcontractor that is a Section 3 busness concern atthe Pre-Award |
| Conference. if tie Contracior uses additonal cr substiute subcontractors during the term ofthe |
| Contract, an afi for the new subconractors must be submitted tothe Department as soon as |
| the subcontractor is selected (FORM10), |
|
|
| ‘Subcontract, tothe greatest extent feasible, with Section 3 business concems. The Contactor |
| must document is efforts to subcontract, he greaest extontfeasibie, win Section 3 buses: |
| concems by maintaining copies of letters, memos, and records of elephove cals requesting |
|
|
| ‘Section 3 Requirements - Page 5 of 7 |
|
|
| UNTITLED-054 |
| ‘quotations from Section 3 business concems. In addition, the Contractor must submit tothe |
| ‘Department a subcontractor activity report detating the dear amounts and types of actual |
| subcontracting, and whether itis wit Secton 3 business concerns (FORMS) as Soon as the |
| subcontractors are selected or at other tines as determined by the Department. |
|
|
| (COMPLIANCE WITH SECTION 3 |
|
|
| “The Contractor must ata ties {uly cooperate with the City to demonstrate complance with Secton 3. |
| ‘The Contractor must suomi afidavis from a Secson 3 resient new hes, subcontractor actly reports |
| ‘and other documentation as may be required al such time intervals as haren stated or as otherwise may |
| be determined by the Department. In addon, full access tothe Contractor’ and subcontracors' |
| ‘employment records must be granted io the Deparment and the Chief Procurement Officer or his duly |
| authorized representative |
|
|
| ature to comply withthe Section 3 requirements may cause the Contractor tobe deemed a non- |
| responsbie bidder in future Cay contracts. Further, king the term of the Controc, faire or refusal o |
| ‘comply o& provide satistaclory evidence of eforts 16 comply wih Section 3 requirements set forth herein |
| ‘wil consitite an event of defoul, In such case the City may invoke the remedies set forth in the Contract |
| In additon, such fasure o refusal to comply may result inthe Department of Housing and Urban |
| Development rendering the Contactor nailer debarrod from parepalion on federally assisted |
| progects |
|
|
| Section 3 Requirements - Page 6 of 7 |
|
|
| UNTITLED-055, |
| (CONTRACTOR'S SECTION 3 COMPLIANCE STATEMENT |
|
|
| | have read and understand both Tile 24 C.F.R. Part 136 (Section 3 Regulations), and the insructons to |
| contractors regarding these regulations. |
|
|
| | wat comply with all Section 3 requrements set fort therein for work tobe performed on the HUD-ded |
| projects. Further, | wil ake al necessary and reasonable steps to sure that all subcontraciors |
| Pesforming on thi project adhere to same, |
|
|
| {have not vitated Secton 3 and | wil not contract with subcontractors that have violated Section 3 1 |
| hhave notice or knowledge of such violation, |
|
|
| | wil eubmit and sure the submission ofall documents o the Cy of Chicago and HUD. |
|
|
| | understand that fature to carry out these requirements, constitutes a breach of contract which may result |
| inthe termination ofthis Contactor other sanctions. |
|
|
| “CONTRACTOR OTE |
| (CORPORATE SEAL) |
| ‘Subscribed and swoen to before me |
|
|
| ths _ ay of. 200. |
|
|
| tary Pub |
|
|
| My commission expres |
|
|
| ‘Section 3 Requirements - Page 7 of 7 |
|
|
| UNTITLED-056 |
| UNTITLED-057 |
| EXHIBIT B |
|
|
| ‘SCOPE OF SERVICES |
|
|
| UNTITLED-058 |
| ‘SERVICES |
| Work Program & Budget Exhibit 1 |
|
|
| pivision pimscror INITIALS |
|
|
| Contracts ‘Alan K. Mathis |
| Management |
|
|
| amity Support Don Davis |
| ‘senier |
|
|
| Lorraine Lyneh |
|
|
| Ray Vazquez |
|
|
| [Name of Delegate Agency: ‘Travelers & Immigrants Aid/Chicago Comnestions |
|
|
| Project Name: ‘eevention Program |
| Funding Period of Project: G7/0172003 through 96/302004 |
|
|
| Funding Souree: IDES |
|
|
| Funding Souree: Corporate |
|
|
| CAPS Code: 96.53-2008.0140-0140 |
|
|
| CAPS Code: 2 140 |
|
|
| ‘Maximum Comp: 180,00, ‘Commited Comp: $50,000, |
| Main Site ntormation: Ward: 42 |
|
|
| rogram Site Information: See Project Faclity Information fr primary and multiple sites |
|
|
| Getting Housed - Supportive Services |
|
|
| UNTITLED-059 |
| cot |
| FY"04 HOMELESS SEDRVICES |
|
|
| WORK PROGRAM AND BUDGET. 29 5 -~'; |
| Department: HUMAN SERVICES |
| Contact name: DON DAVIS |
| PHONE #: 746-8610 FAX #: 746-6284 |
| ORGANIZATION NAME: HICAGO CONNECTION: |
|
|
| ORGANIZATION ADDRESS: 208 SOUTH LASALLE, SUITE 1818, CHICAGO, IL 60604 _ |
| EXECUTIVE DIRECTOR: JOSEPH ANTOLIN |
|
|
| PHONE # FAX E-MAIL#: —ph{312)660-1341,fs(312)660-1500.E-ml inpolinG@heartandallinncs ore |
| PROGRAM DIRECTOR: JOAN SCHWINGEN |
|
|
| PROJECT NAME: PREVENTION PROGRAM. |
| SITE ADDRESS: 4411 NORTH RAVENSWOOD AVE. |
|
|
| CITY, STATE, ZIP: CHICAGO, ILLINOIS 60640. |
|
|
| EMERGENCY CONTACT NAME: JOAN SCHWINGEN |
|
|
| EMERGENCY #: ‘773-485-2332 (cellphone) |
|
|
| PROGRAM PHONEW FAX EMAIUE gy craves, tu 7myanaene._E - mn |
| E-MAIL ADDRESS: a . |
|
|
| ALDER a9. 49 |
|
|
| FY04 CDHS ALLOCATION: — $50,000 |
| IRS DH: 36-4053244 |
| CONTRACT PERIOD: SULY 12003 -_ JUNE. 30, 2004 |
|
|
| INSTRUCTION |
| ‘Please complete the following work program and budget forms. |
|
|
| (ALL REQUIRED SIGNATURES MUST BE IN BLUE INK) |
| Contnc- Sok Prop Revo |
|
|
| UNTITLED-060 |
| ‘A. Program Description |
| Program Description |
|
|
| 1. The goal of the Prevention Program proposed by Chicago Connections is to support |
| ‘and enhance the prevention strategy developed by the Chicago Continuum of Care. |
| ‘The program objectives include: |
|
|
| ‘+ implementation of an information line with voice mail back-up to provide |
| information to applicants and designated provider agencies regarding |
| homeless prevention funds and other prevention resources; |
|
|
| ‘+ administration, oversight, and management of homelessness prevention |
| funds; |
|
|
| ‘+ development and maintenance of a data base of prevention resources for the |
| Use of service providers; |
|
|
| ‘+ collaboration with services providers, e.g. Community and Economic, |
| Development Association of Cook County (CEDA) and CDHS to ensure |
| ‘enhanced access to assistance; |
|
|
| + Outreach to, training of, and collaboration with the service provider |
| community to ensure access to homelessness prevention funds and other |
| Prevention resources including income supports, as well as, engagement in |
| the design of the prevention program. |
|
|
| ‘The funds requested in this proposal will be used to provide staff for the |
| Prevention Information Line and to assess the needs of and process requests for |
| ‘assistance for homeless and at risk heads of households; engage a consultant to assist |
| in the design of a web page accessible to both applicants and designated provider |
|
|
| Chicago Connections 1 |
| May, 2002 |
|
|
| UNTITLED-061 |
| ‘agencies; and continue to develop strategic alliances with agencies and utilities in order |
| to increase access to housing and ensure enhanced housing stability. The Chicago |
| Continuum of Care received $1.5 milion dollars in Homeless Prevention Funds in fiscal |
| year 2003. All but $300,000 of that amount was one time funding that is unlikely to be |
| available in the next fiscal year. if that is the case, the need for staf to comb for |
| resources will increase. Ifthe funds available for rent, mortgage, and utlity assistance |
| return to the $300,000 level, 350 households will be assisted a the average rate of |
| ‘$800 per household, This is a grim prospect since, even $1.5 million dollars in |
| assistance does not meet the need for emergency assistance by Chicago's low income |
| households. |
|
|
| The prevention of homelessness is an integral part of the Getting Housed, |
| ‘Staying Housed strategy endorsed by the Chicago Continuum of Care, The |
| ‘combination of access to emergency funds, access to income supports, and access to |
| {follow-up services enhances the ability of low income households to overcome a crisis |
| that, left unaddressed, may have resulted in homelessness. |
|
|
| ‘The Prevention Program will serve low-income Chicago residents who are |
| homeless or at imminent rik of becoming homeless and the network of designated |
| provider agencies who access homeless prevention funds, Since the Homeless |
| Prevention Funds became available in January of 2000 thousands of households have |
| been helped to pay a security deposit first month of rent, rental or mortgage arrearage, |
| CF utility deposit or arearage. While that is an impressive number it does not scratch |
| the surface of the need. Each day Chicago Connections receives over fity (50) |
| telephone calls from individuals who need help moving from shelter to housing, moving |
|
|
| Chicago Connections 2 |
| May, 2002 |
|
|
| UNTITLED-062 |
| from crowded or dangerous housing to more secure and suitable housing, or, most |
| often, help to remain housed. These calls usually begin with a request for funds. |
| However, offen rental, mortgage or utility assistance is only a very small part of what is |
| needed. Each one of these calls requires a thorough assessment of need, an in depth |
| knowledge of prevention resources, and familiarity with the network of designated |
| provider agencies in order to adequately address the issues of the caller. |
|
|
| A network of over fy (50) agencies, as well as the CDHS case management |
| ‘staff, has accessed homeless prevention funds. However, without an adequately |
| staffed information number, homeless and at risk individuals are like explorers facing a |
| jungle of service providers without a map. Most offen, people in need ask for something |
| tangible when, in fact, while that may be a need, itis only part of the constellation of |
|
|
| needs that must be addressed to enhance residential stabilty. An information li |
| staffed by knowedgeable, trained personnel will help ensure that those in need are |
| informed of the vast array of services and supports available to address the needs that, |
| if left unaddressed, may keep people homeless or cause them to become homeless. if |
| the need for case management services becomes apparent during the telephone |
| assessment, callers may be referred to Chicago Connections programs or other |
| programs in the caller's community for extended services while accessing prevention |
| resources. |
|
|
| ‘The Chicago Continuum of Care identified the need for a staffed information and |
| referral line as a gap in the prevention service delivery system. Access to reliable |
| information about prevention resources wil help to keep people housed, i. close the |
|
|
| ‘Connections 3 |
| May, 2002 |
|
|
| UNTITLED-063 |
| {front door of the homeless service system, and move people from shelter or unsuitable |
| housing to a stable residential option, ie. open the back door |
| 3. Attachments inctude: |
| 2) Intake procedures: Telephone Intake only. |
| ) Client grievance policy attached; |
| ©) Client discharge policy: Not applicable. |
| 4) Involuntary termination policy: Not applicable. |
| 4. AGENCY DATA |
| Does the shelter have a Special User Permit? Not applicable, Not a shelter. |
| O yes @ No |
|
|
| Ifyes, permit issued on: Exp. Date: |
| (Date) |
|
|
| ‘When did shelter first open?__-2000__or New ? |
| How long has the agency been involved in providing |
| shelter related services? _16 years |
|
|
| i |
| | |
|
|
| UNTITLED-064 |
| B, NEW PROGRAMS ONLY |
| (Never Funded by CDHS) |
|
|
| Program Start Up: Outline the steps required for you to implement this program, as |
| well as, the time frame necessary to complete each step. Not applicable. |
|
|
| STEP TIME FRAME (activities to be |
| Example: accomplished by specified dates) |
| Obtaining Site Control |
| Hire Staff July 1, 2003 |
|
|
| Suly 1-15, 2003 |
|
|
| ‘Chicago Connections 5 |
| May, 2002 |
|
|
| UNTITLED-065, |
| ©. COMPLIANCE DATA, |
| ‘Does your agency/organization have any outstanding federal or state liabilities? |
|
|
| oO yes B no |
| yes, please attach proof of a payment lan and agency |
| compliance of plan |
|
|
| Is your agency in full compliance with al entities which fund its program(s)? |
| ® ves O No |
|
|
| ‘(Using space provided) |
| 1 Describe the methods your agency will employ to monitor the project's progress |
|
|
| and record project accomplishments, |
|
|
| Chicago Connections uses a client based data base system to generate programmatic |
| reports. Client records, logs, and intake forms are used as the source documentation |
| for the database system. The executive Officer of Chicago Connections reviews |
| program progress monthly and monitors the need for corrective action. |
|
|
| ‘This project involves the development ofa Prevention Information Program that |
| ‘will provide information and referral to calles in need of assistance in order to |
| ‘access or maintain residential stability. Of the 600 individuals who will be assessed |
| by telephone, 300 willbe seen in person and complete a CSBG form. |
|
|
| 2. Describe how the agency will monitor program expenditures and ensure that |
| SUEREYS nica routes ano mocenun “TCHASORL OF UR |
| Fiscal oversight i the joint responsibilty of program management andthe |
| ‘Accounting Department. Chicago Connections accounting system is computerized. |
| Each contract has its own general ledger and monthly operating statement that |
|
|
| Chicago Connections 6 |
| May 30,2003, |
|
|
| UNTITLED-066 |
| details current month activity (revenve and expenses) in comparison to the budget. |
| ‘The operating statements are reviewed by the Controller on a monthly basis to |
| ‘ensure that appropriate steps are taken to contain expenses within the defined |
| budget. |
|
|
| UNTITLED-067 |
| ‘TRAVELERS & IMMIGRANTS AID/CHICAGO CONNECTIONS. |
| PROGRAM PARTICIPANT GRIEVANCE POLICY/PROCEDURE |
|
|
| PURPOSE |
|
|
| Itis the Agency's policy to recognize that from time to time it may be |
| ‘necessary for a program participant to express and seek resolution of |
| service-elated grievances. The Agency provides this opportunity |
| through the program participant grievance procedure and through |
| posting at service sites, |
|
|
| SCOPE |
|
|
| This palicyiprocedure apes to all program participants at all Agency |
| ‘operating locations. |
|
|
| U, |
|
|
| ‘A. Aprogram participant may present his or her grievance or |
| ‘concer to the immediate supervisor who will meet with the |
| ‘program participant (and the staff person, if a staff person is |
| involved). In order for grievances to be adequately addressed |
| they must be filed within one week after which the program |
| participant knew or should have known of the situation giving |
| ‘ise to the grievance. |
|
|
| B. Resolution of Step One grievances or concems should occur |
| within two weeks of the grievance or concem presentation, |
|
|
| C. tthe recommended resolution is not satisfactory, the grievance |
| ‘may be appealed to Step Two by the initiating program partic- |
| pant within fe days. |
|
|
| ‘Stop Two |
|
|
| ‘A. The program participant and staff supervisor wil present the |
| ‘grievance to the Program Administrator for resolution |
|
|
| B. Resolution of Step Two grievance or concem should occur within |
| ‘wo weeks of the completion of Step One. |
|
|
| C. Ifthe recommended resolution is not satisfactory, the grievance |
| may be appealed to Step Three within five days. |
|
|
| UNTITLED-068 |
| Page2 |
|
|
| ‘Stop Three |
|
|
| ‘The program participant and Administrator present the grievance |
| to the Program Director for mediation. |
|
|
| ‘The Program Director wll require a written and signed statement |
| of the grievance (or a mcrked and winessed statement by pro- |
| ‘gram participants who cannot write) and supporting documents |
| from the originating program participant before proceeding with |
| ‘mediation, |
|
|
| Upon receipt of the required wrltton and signed (or marked and. |
| witnessed) statement, the Program Director wil fuly investigate |
| the grievance, conduct necessary interviews, and wil, based on |
| the evidence, render a written resolution |
|
|
| ‘Stop Three should proceed in a period not to exceed one month |
| after Step Two is completed. |
|
|
| Ifthe written resolution is not satisfactory, the grievance may be |
| appealed to Step Four within five days, |
|
|
| ‘Step Four |
|
|
| Revised June 1998 |
|
|
| ‘The Program Director wil present the written grievance or |
| ‘concern, its supporting documents and the writen resolution to |
| the Chief Operating Officer. |
|
|
| ‘The Chief Operating Officer will review the written evidence, |
| conduct necessary interviews and wil, based upon his or her |
| findings, uphold the previously offered resolution or recommend, |
| {second writen resolution. |
|
|
| ‘Step Four will proceed in a period not to exceed one month |
| after Step Three is completed, |
|
|
| UNTITLED-069 |
| E. OTHER SHARE SOURCES |
| NOTE: OTHER SHARE MUST EQUAL AT LEAST 25% OF CASH ALLOCATED FROM CDHS |
| OTHER SOURCES OF FUNDS: Use the following categories to specify the |
|
|
| souree and amount of Agency cash contribution used to operate this program. List |
| only funds already received or firmly committed. |
|
|
| casH are vouR AGENCY |
| (Mount —-RECEIVEDFUNDS |
|
|
| ‘8. Cash Share |
|
|
| 1. Foundations\Corporations 8. |
|
|
| 2. United Way 5 |
|
|
| 3. Other Government Grants (n00- |
|
|
| DHS) specify |
| IHS (HISTORIC) _ 20210 77003 |
|
|
| 4. Client Fees (Second |
| ‘Stage/Transiional Housing Only) |
|
|
| (COMMITTED CASH CONTRIBUTION: |
| $.30210 _ |
|
|
| $.20210 |
|
|
| UNCOMMITTED CASH CONTRIBUTION |
| ‘TOTAL OTHER SHARE |
|
|
| UNTITLED-070 |
| (OTHER SHARE SOURCES (Continued...) |
|
|
| '. Does your agency conduct any regular fundraising efforts (events, solicitation- i.e. |
| regular mailings, religious community contributions)? |
|
|
| O ves & No |
| If yes, please complete the following chart: |
| FUNDRAISING HISTORY SOURCE |
| (AMOUINT RAISED) (EVENTSANDIOR SOLICITATION) |
| FY ‘03/04 |
| Fyn 5. |
| FY 5. |
| FY ‘001s |
| IN-KIND (SERVICES/GOODS) OTHER SHARE VALUE |
|
|
| || |
|
|
| TOTAL IN-KIND VALUE |
|
|
| UNTITLED-071 |
| OTHER SHARE SOURCES (Continued...) |
|
|
| c. —_ Assets: Use the following categories to specify the assets held by the agency on behalf |
|
|
| Of this project. Include award letters and/or affidavits for each, |
|
|
| ASSETS- non applicable for this progres |
| 1, Savings s. |
| 2. Capital Development Account |
| 3. Certificate(s) of Deposit |
| 4, ‘Trost Funds |
| 5. Endowments |
|
|
| 6. Facility Value, [agency owned |
| (Fair market value) |
|
|
| 7. Other (specify) |
|
|
| ‘TOTAL ASSETS: s |
|
|
| 4. Please indicate by category, the total amount of funding awarded to this agency during |
|
|
| the past five (5) fiscal years. |
|
|
| ‘TOTAL DOLLAR AMOUNT ‘ALL SOURCES OF |
|
|
| FUNDING OF ALL SOURCES (Conran Fonds, |
| ‘Capen |
|
|
| es i (COVERMENT/foundat ion |
|
|
| Fy'03 $1,500,000 __ SOVEDEENT/toundatton |
|
|
| Fyvrove2 $750,000 covEReen, |
|
|
| FY'0001 $350,000 covensenr |
|
|
| FY'99/00 |
|
|
| TOTAL — $2,950,000 |
|
|
| UNTITLED-072 |
| CHICAGO DEPARTMENT OF HUMAN SERVICES |
| ORGANIZATION AGREEMENT TO CDHS ADMINISTRATIVE. |
| REQUIREMENTS |
| [CHICAGO_CONNECTIONS ss the spomoring Agency forthe ___ PREVENTION PROJECT |
|
|
| program understands ts respousblity to meet allthe requirements se forth by the Chicago Department af uman Services |
| (CDMS). The Agency sprees to fellow ll requirements governing: program reporting, evaluation reports, fiscal guidelines, |
| reprogramming, method of locating funds, sub-costracors prohbion of dscrimlaation and all other applicable Federal, |
| State, and Local regulations. |
|
|
| PARTICIPATION IN CDHS MEETINGS AND/OR TRAINING |
| ‘The Agency shal recognize thatthe shelter eaviroament i one that should guarantee respect for al ellents and protection |
| from sexual harasiment, whereby the agency will exercise with clients, the appropriate precautions, CDHS i working with |
| ‘he Departinent of Law and other City Departments and agencies to construct «formal plicy and proposed guidelines for |
| ‘he treatment of lsves within che shelters. When those guidelines are established, there wil be a uandatory training and |
| {nstractonsl workshop regarding these polices forall funded agencies. The Department wll provide tnely notices f |
| agencies of upcoming meetings. ‘The agency agrees that appropriate staff from the agency will attend this mandatory |
| ‘raining sesion when tis tchedaled. In addition, the Agency wil make a god faith effort to attend provider meeting nd |
| other Information sharing sesions. |
|
|
| ‘PARTICIPATION IN CDHS SHELTER CLEARINGHOUSE SERVICE NETWORK |
| els agreed that the agency wl flly participate inthe Chicago Department of Human Service’ Shelter Clearinghouse |
| Service Network by providing the clearinghouse with timely and accurate information on program bed availabilty |
| ‘Transitional Shelter programs will contact CDHS by calling (312) 746-7216 before 8:00 am ea a daly basis (inching |
| holidays), to give bed availability. Second Stage and Transitional Housing programs wil cntact CDHS by calling (312)746- |
| ‘7216 on Monday aed Thursday (including helidny) by 12:00 noon, to give bed avallably. ‘Shelter Plus Care programs |
| ‘ll contact CDHS by calling (312) 746-8287 on Thursday before 12 Noon, to ive bedunit vallabllity. The agency further |
| [Reres ta work with CDHS on intake and placement of cents seeking bed avalabllity and program eligibility. |
|
|
| Program Reporting forms nnd related materials ae mailed to the agency's Executive Director (E.D.) or Chet Execative |
| Otticers(CEOVidentiied nthe contract. The Agency will submit compete programmatic report to CDUS accurately and |
| ‘lmely i accordance with the form(s) and schedules required by the Department. The Agency agrees to notify in writing, |
| (CDHS Ofice of Reporting and the Contracts Management Division of any executive staff changes, Any requests for |
| programmatic reperting corrections, shall be completed within three (3) worklog days ofthe request. |
|
|
| ‘The Agency wl maintain written records to verify ll nformation recorded in the programmatic reports. These records |
| willbe available for inspection by CDBS or other designated agencies r departments. Records willbe retained und avaliable |
| for a perid of no less than five (5) years after the audit has been closed. |
|
|
| ‘The agency acknowledges that late, incomplete or inadequate reporting represents non-compliance with the terms |
| ‘of agreement and presents cause for disciplinary action, including suspension or termination ofthe agreement. |
|
|
| ADDITIONAL REQUIREMENTS: |
| ‘CDH funds must not be used to supplant (replace a curreatly funded service with funds from another sourceLe., |
| (CDH funds) other funds. |
|
|
| JOSEPH ANTOLIN EXECTIVE DIRECTOR |
|
|
| Typed Nana |
| 4 : yy |
| Loring LT Sagas |
| iets OCHO ox Broa Dnt +See |
|
|
| un |
|
|
| UNTITLED-073 |
| CDHS SERVICE DESCRIPTION FY'04 |
|
|
| 4, ORGANZATION KAME CHICAGO CONNECTIONS |
|
|
| 2, ADDRESS___208 S, LASALLE, SUITE 8JA, CHICAGO, IL 60640 _ |
| 3. PROGRAM NAME. |
|
|
| 4, PROGRAM ADDRESS, |
|
|
| ‘4411 NORTH RAVENSWOOD CHICAGO TL, 60600 |
|
|
| {1 8. YeARouNo oveRMaNT SHELTER |
| 1.6, TRANSMONAL SHELTER (Up 0120 aye) |
|
|
| ‘Congeguainbems {| ‘Apartments { } Reams { ] SwELTERS: —366X_ Bods = ‘SbatiorNghis |
| [1 0. secono srace nousna srponr senviceCeNTERE: Gaye Cpan__ohr ay Reon |
| ‘Shared Apartments. {Individual Apartments [-] eee econ |
| Prat Rooms} cL BERNICE PROG: Dy Open ASLO Au Mamba Puen Sones 1D |
| {.,1 © SOCIAL SERVICE PROGRAM - ee sae |
|
|
| [U'] F Davrime SUPPORTIVE SERVICE CENTER |
| (1 6. supportive services - PREVENTION |
|
|
| . NO. OF MEALS TO BE PROVIDED |
| ‘a yan Xf ra aX own pe |
|
|
| [1 W. SUPPORTIVE SERVICES - OUTREACH Check Typos: Breakfast [ ] Lunch [ } Dinner { |
| [1t mrermHousie 14. BASICPOPULATION (Owacattat am) |
| [. ] 4. PERMANENT HOUSIVG -SAFE HAVENS. A mcrae CF] Males and Femies |
| (U1 PERMANENT HOUSING WITH SHORT-TERM SUPPORT PROGRAM. [1 Males ony |
| tae 11 Femaios Only |
| You TT Male (8-29) |
| 11 Female (18-21) |
| ramus T= Women wih Gren |
| U1 Two Parent wih Cire |
| (r 24 hows 7 days a wook Le] Mon wih chien |
| 12. INTAKE HOURSIOAYS: 1300 To 52007 powect town espa 11 Females up to |
| Minimum Intake Hours -Transitonl- Sunday- Saturday 700 am-W0 11:00pm. | %emvemR 11 Mos upto |
| ‘Socond Slag - Monday - Fay 8:00 am. to 500 pm. Presse axa ag restriction: |
|
|
| approval: 88 (Od? |
| UNTITLED-074 |
| FY'04 HOMELESS SERVICES SYSTEM - CDHS SERVICE DESCRIPTION ATTACHMENT |
| #10 Type of Program - Completed by CDHS |
|
|
| Delegate Agency: Chicago Connections |
| Project Name: Prevention Program |
|
|
| ‘Type of Contract: Getting Housed |
|
|
| Program Type: ‘Supportive Services - Prevention Services |
|
|
| UNTITLED-075, |
| cons |
|
|
| ‘Thicage Connections |
|
|
| Scope of Services |
|
|
| ane: (9 Prevention Project sewed) [estaren”__ chica couple wen ein |
| nae a) Joan, ea ofan 4411 Nor Ravenswood |
| phone #6) 1773)728-5960 ext. 20 5 tCammunty Ars where aly ood) ‘North Center |
| eral Cons |
| “Clients” can be anyone in household 18 years old oF older jy Septet Dee. en ae [agra Toa |
| (Rieti URGUPLICATED clas serves 9085) 700, cl “0 100 rod |
|
|
| Peraninge rosy perarert or sabe Povang @ dandy = ¢) |
|
|
| Program Deliverables(t) |
|
|
| Action sone pole |
| maT poarem dons ree maaan |
| store seatay ond beg shea trata vrai caro |
| “mug ed couanng hres | Stew quartets we weit masu ne pees] tt Qara|2ascuara | ard cua | athcunrer | ‘erase |
| stone an. eng ane erage, | ae open pe Snag Sn ae ok mt “ences | |
| Te ssuanes san ag ony i ‘covet |
| rosea |
| sei efomaton tw sor cou 250] 1250] 1250] ——s250hknowedige of |
| Aswess nao of tax housenacs [400 tsanumets 100] 100] 100] 100/80% access funds, |
| e0% orm nat |
| remain ha 6+ mo. |
|
|
| UNTITLED-076 |
| cons |
|
|
| ocr sape |
| Scope of Services |
| Fiscal Yar:_July 1, 2003 to June 30,2004 tof |
| Sera) z aya |
| sate hare hago Comnesions ee |
| peer ai nets |
| cane Project Linkage cman Sh __coupe wt cnn |
| core “ean Sewing cin aioe 7411 Norm Ravenswood |
| or 6) 5726-5560 wx. 25 hone oman es ec RSS DY Noth Gone |
| “cients can be anyone in househots 18 year ldo oer yop [6s fountain Ta |
| (oma RSUPUCATED co cones tages) | 1009] | 0 co |
| “Clients” can be anyone in household 16 old oF cider Pr Outcome for |
| [Berto ot negecot enn vce erenin poraservsae eeg a Ta |
| Rania de rs ses cn a ‘a 5 |
| Tibet ed ns a od praoTea T @ ma a ra a |
| [E-pecsrigs eomingpomeret or sas oung © Gniedby =<) Fa Es |
| Fis oa ate UT PIRSA ST WT | OST RATES |
| Activitios(k) Program Deliverables.) each ‘ana maanerve( ny) |
| an a |
| asain tn eang be Ponelnt. saan ron ara |
| “oun tnd coanng moose ns | Sie wt quart nt wie es maanon epost sat ure | nd Quer | st uaat | stsquaree | eriaucoor er areane |
| ropes pon ronsagcurrages,| te popied pent ane cnet iat arcing ora |
| ceeanen wan gone <n ame |
| [20% oF contacts wil |
| cummcrnomion nama, {sso owrac cones ss} ars] s75}reaut intake |
| ras ns veo] r80] 169 180|100% nave serv, Pan |
| et brits sat enatint |
| ‘oe 0 ara | 60) 40% access sheter |
| flr eas a pon |
| pomanctrcanrpemorenvocg, |eOmwne a} mo] ad 20)60% enter rousing |
| rotons sowcns Snot fen vae a, ar ‘060% manta hg |
|
|
| UNTITLED-077 |
| cal You_Juy§, 2003 to Jue 36,2004 |
|
|
| UNTITLED-078 |
| COMMUNITY NETWORK |
|
|
| ‘Agency Name: Chicago Connections _ |
|
|
| Program Name: Prevention Program __ |
|
|
| Please deta the networs your agency ha etablihed wth community roup/irvie ages, services apy to your mele servic progam Indicate gency and sevice vid your |
|
|
| progam |
| w @ |
| ‘COMMUNTTY GROUPS/SERVICE AGENCIES ‘CONTACT PERSON |
| ‘TELEPHONE |
|
|
| © |
| ‘SERVICE PROVIDED TO YOUR PROGRAM |
|
|
| ‘Legal Assistance Foundation of Chicago ‘Sarah Merviae 912-347-8340 |
|
|
| Neighborhood Housing, Services ‘Brenda Gemer ~ 773-329-4113, |
| cepa Mark Cross 312-795-8839 |
| Peoples Energy Waren Ellison ~ 312-240-4408 |
|
|
| ‘The Sabation Army Brainerd avoy Wiliams - 773-233-5857 |
|
|
| EZRA-Malti-Service Center |
|
|
| [National Center On Poverty Law Katherine Walz - 312-263-8380 |
|
|
| ‘The Sahation Army Booth Lodge ‘Sarah Gayéen - 773-275-9383 |
| Catholic Charies (Christine Dykes Sorrels 312-685-7516 |
| World Relief ‘Lennete Reynolds -773-58-91 |
|
|
| Phylis Shadwick - 773.275.0866 |
|
|
| Julie Swartlander - 312-906-2407 |
|
|
| aera using Abocsy |
| eer Free Work Invention |
| eer arg Asisance |
|
|
| fel -Energy Asiance |
|
|
| Relea Single AFamlySevies |
| Relea She & Fail Servis |
| feral Tanto & Fay Servos |
|
|
| Referal-Goods n Kid Services |
|
|
| UNTITLED-079 |
|
|
| ‘PROGRAM FACILITY INFORMATION |
|
|
| Chicago Connections |
|
|
| ‘PREVENTION PROJECT + |
|
|
| Program Name: |
| ‘Site e-mail__JAARNSTEADEAOL-COM “O72 |
|
|
| Provide the folowing information Yor ead: |
|
|
| Site Name |
|
|
| Use additional sheets if necessary, |
|
|
| Chteago Connections |
|
|
| Contact Person /Title JOAN SCUWINGEN |
|
|
| PROGRAM DIRECTOR |
|
|
| Site Adress and Zip Code |
|
|
| 4411 N. Ravenswood, 50640 |
|
|
| Hours of Operations |
|
|
| M-F 8:30am unt4I 5:00pm |
|
|
| Does your agency (a) omn__ of sie |
|
|
| shelter site? |
|
|
| SKYE |
| ** Attach Copy of Lease** |
|
|
| Lf owed, is there a mortgage on the building? |
|
|
| O yes |
|
|
| fy, please give the monthly mortgage |
| Payment, |
|
|
| teased, please complet! |
|
|
| Owner of Property: |
|
|
| Relationship to operator (i.e, Relative, Board |
| Member, Self |
|
|
| ‘Address of Owner. 954 W. Washington |
|
|
| Telephone Number: __312/733-0970 |
|
|
| —Shieago 1160607 _ |
|
|
| Length of Lease: _5 yeas |
|
|
| Date: From Decesber 1, 2001 |
|
|
| Monthly Rent: $_14,000 |
|
|
| To ___Yovesber 30, 2006 |
|
|
| For CDHS Office Use Only |
|
|
| WardiCengus Tract |
|
|
| "7 |
|
|
| UNTITLED-080 |
|
|
| Zar janee. Of; |
| HEARTLAND ALLIANCE |
| FOR HUMAN NEEDS & HUMAN RIGHTS |
|
|
| Executive Team |
|
|
| UNTITLED-081 |
| CHICAGO CONNECTIONS |
| Project Linkage, STAIRS, and Prevention |
| ‘March, 2003 |
|
|
| Joan Schwingen |
| Director |
|
|
| | |
|
|
| Marcia Nickow David Ellington CW {da Walker RDW IIT |
| ‘Supervising Licensed Clinician} | Charles Wiwa CW IIL |
| Jeffrey Klesner RDW II ‘Yousong Tang RDW I |
|
|
| UNTITLED-082 |
| Job Description |
| (General) |
|
|
| AGENCY NAME: | Chicago Connections |
| PROJECT NAME: Project Linkage/Prevention |
| INSTRUCTIONS: |
| ‘To be completed for cach staff position ofthe funded project. Provide all requested |
| information below. DO NOT leave any spaces blank. Indicate N/A ifthe requested |
| information does not apply. |
| 1. JobTitle: Director 1 |
| 2. Description of duties: |
| Assists in developing planning, providing, managing, monitoring and evaluating |
| ‘a complex multi-unit professional services program that meets client, community, |
| ‘and agency needs. Assists in preparing the program budgets, approves program |
| ‘expenditures and monitors the overall program budget. Contributes to agency |
| strategic plan. |
| 3. Education Requirements: |
| Bachelors degree in social science and over ten years of management experience. |
| 4, Work Experience/Training Requirements: |
| “Must be experience in working with diverse populations with special needs, |
|
|
| 5. Special Certificates or Licenses requis |
| None |
|
|
| 6. Starting Salary: $50,000 |
|
|
| 7. Work Schedule: Monday ~Friday 8:30-5:00. Some evening & weekends |
|
|
| UNTITLED-083 |
| Job Description |
| (General) |
|
|
| AGENCY NAME: Chicago Connections |
| PROJECT NAME: Prevention Program |
|
|
| INSTRUCTIONS: |
|
|
| ‘To be completed for each staff position ofthe funded project. Provide al requested |
| information below, DO NOT leave any spaces blank. Indicate N/A ifthe requested |
| information does not apply. |
|
|
| 1, Job Title: Prevention Specialist |
|
|
| 2 Description of duties: |
| ‘Assesses applicants for funds to prevent homelessness. Refers for appropriate |
| resources. Processes requests for funds managed by the agency. Maintains data |
| base of users. Ensures that provider agencies have access to both funds and |
| resources. |
|
|
| 3. Education Requirements |
| Bachelors degree in social science or two years college plus two years experience |
| ‘working with homeless population or high school diploma plus five years of |
| ‘experience. Valid Illinois Driver's license, |
|
|
| 4, Work Experience/Training Requirements: |
|
|
| ‘Should be familiar with issues underlying homelessness such as domestic |
| violence and substance abuse. Familiarity with entitlement programs as well as |
| ‘community resources isa plus. |
|
|
| 5. Special Certificates or Licenses required: |
| None |
|
|
| 6. Starting Salary: $23,731 |
|
|
| 7. Work Schedule: Monday ~Friday 8:30-5:00. Some evening & weekends |
|
|
| UNTITLED-084 |
| JOB DESCRIPTION |
| (Gpecite) |
|
|
| [AGENCY NAME: TRAVELERS & IMMIGRANTS AID/CHICAGO CONNECTIONS |
| PROJECT NAME: PREVENTION PROJECT |
|
|
| 1. EMPLO YEE’S NAME: Joan Schwingen |
| 2, JOB TITLE: Director I |
| 3. DESCRIPTION OF DUTIES: Assists in developing, planning, |
|
|
| vidi jing, monitori ting a complex multi-unit |
|
|
| professional services program that meets client, community, and |
| INCY needs. Provides data for and approves. |
|
|
| 4. WORK ING DAYS AND HOURS: |
| DAYS Asassigned HOURS As assigned __ |
|
|
| 5, PERCENTAGE OF TIME WORKING IN THIS PROGRAM: |
| 100% 0 50% - 25% 0 10% - OTHER X |
|
|
| 6. EDUCATION REQUIRED: |
| METX NOT METO. |
|
|
| 7, WORK EXPERIENCE REQUIRED: |
| METX NOT METO |
|
|
| 8, LICENSES OR SPECIAL CERTIFICATES REQUIRED: N/A |
|
|
| MET X NOT METO |
|
|
| 9. CERTIFICATE IN FOOD HANDLING FROM CHICAGO BOARD OF HEALTH: |
|
|
| yest] NOU N/A |
|
|
| UNTITLED-085, |
| 308 DESCRIFTION |
| ‘Gpecii) |
|
|
| [AGENCY NAME: TRAVELERS & IMMIGRANTS AIDICHICAGO CONNECTIONS |
| PROJECT NAME: PREVENTION PROGRAM |
|
|
| 1. EMPLOYEE’S NAME: IDA WALKER |
| 2. JOB TITLE: PREVENTION SPECIALIST |
| 3. DESCRIPTION OF DUTIES: Assesses noi or fund to ervnt |
|
|
| 4. WORK ING DAYS AND HOURS: |
|
|
| DAYS Asassigned _________ HOURS Asassigned __ |
| 5. PERCENTAGE OF TIME WORKING IN THIS PROGRAM: |
| 100% X 50% - 25% 0 10% - OTHER |
|
|
| 6. EDUCATION REQUIRED: |
| MET X NOT METO. |
|
|
| 7. WORK EXPERIENCE REQUIRED: |
| METX NOT METO |
|
|
| 8. LICENSES OR SPECIAL CERTIFICATES REQUIRED: N/A. |
|
|
| METX NOT METO |
|
|
| 9. CERTIFICATE IN FOOD HANDLING FROM CHICAGO BOARD OF HEALTH: |
|
|
| Yes NOD N/A |
|
|
| UNTITLED-086 |
| SECOND AMENDMENT AGREEMENT |
| TO THE LEASE |
|
|
| DATED NOVEMBER 8, 2001 |
|
|
| AT 4411 N RAVENSWOOD |
|
|
| CHICAGO, ILLINOIS 60640 |
| 3RD FLOOR |
|
|
| This Second Amendment Agreement made this April 30, 2003, by and between LaSalle Bank NA. as |
| ‘Trustee under Trust # 37638 as Lessor and Travelers & Immigrants/Chicago Connections as Lessee. |
|
|
| Whereas LaSalle Bank N.A. as Trustee under Trust # $7838. and Travelers & I Aischicago |
|
|
| Conectors Lease wr Laseee jeopectvelarisred its a sonal Lsase dated Nevornbor 8, |
| the premises commonly known as 4411 N. Ravenswood Chicago, llinois 60840 3rd floor for a |
|
|
| fers of ve (6) years: Soginnng Decornber 1.200" and eneing NoverTiar 80,2006 (the Ong |
|
|
| Lease Term’), and |
|
|
| Whereas the parties hereto mutually desire to amend the Lease and modify certain of is terms. |
|
|
| Now, therefor, in consideration of the Premises, itis hereby mutually agreed by and between the |
|
|
| partes fo amend the Lease as follows: |
|
|
| 1. Lessee agrees to Lease additional space on the second west as shown in Layout E. |
|
|
| 2. The Termof this Second Amendment Agreement is from May 1, 2008 to July 31, 2004. |
|
|
| 3. The addtional monthly rent for the Second Floor space is $4,000.00 per month. |
|
|
| 4. The security deposit per Paragraph 9 ofthe Lease shall be changed to $14,000.00. |
|
|
| 5. __Lesseeis attempting to Lease the entre Second Floor but is under no legal obigation to Lease |
|
|
| the remaining space on the second Floor. Lessor and Lessee will both use. reasonable effort to come to |
|
|
| an agreement on the balance of the space on the Second Floor. |
|
|
| 6. Lessee willpay one hundred (100%) percent ofthe elevator service contract. |
|
|
| 7. The percent of Real Estate Tax Increase per Paragraph 28 of the Lease will change to forty-seven |
| (47%) percent. |
|
|
| 8 Lessor will do the following build out. |
| a) Build a temporary wall east of the Premises. |
|
|
| 8. On April 30, 2003 the First Amendment Agreement dated July 17, 2002 will be canceled. |
|
|
| UNTITLED-087 |
| Except as hereby amended, the Lease shall remain in full force and effect. |
|
|
| IN WITNESS WHEREOF, each of the parties hereto has caused this Second Amendment Agreement |
| to be duly executed as of the day and year first above written. |
|
|
| LESSEE Travelers & nngrantsAihicago Comocions |
| y = EL. |
|
|
| UNTITLED-088 |
| BUDGET SUMMARY |
|
|
| UNTITLED-089 |
| oe uparrsummany — jf ih? roms |
|
|
| ‘A. Organization Name: __m.cscapacamnions __F. Contract Ter: 1:03 to 1208109, |
|
|
| 8. Purchase Order Number ©, 2004 Alocation: $25,000 |
| . Department Program: Hemaas Program H. Vendor Code: |
| . Department men Secs un otros GEE=ST-200S-OIRO-OIND |
| Program Name: omaass Senices Je Model: ‘Gating Haused Staying Howse |
| Project Budget Summary |
| Gent Benson OT Oe eae |
| Ferns! 317.198 #12250 $3448 |
|
|
| scsi) | 0005 |
|
|
| pecan! Tecrnical Costs |
| (ousung, pl petrol ey |
| Jevionesnontparmanionnc sequpment| 0100, si0310 %0 s10a19 |
| ‘hee ses eahor x vemcoater, |
| ‘ange, sete, wore meng cost) |
|
|
| Professional and Technical Services |
| Traut / cr) oxo 30 so 0 |
|
|
| Equement Costs |
| (cron macnn, rare 5 |
|
|
| ‘omer |
| ne gece Fm) coco | % so 0 |
|
|
| Ta Expendiur mo oa ERE PORE |
|
|
| Percentage of ttl pai by Other Share _ 37.66%. M. Department Authorization |
| (cohen lcolumn 8) |
|
|
| ee |
| ZZ hour L chlo |
|
|
| PRmpre ot Orpen ORT Bae ‘lone of Department Oia Date |
| Joseph A Antolin, Executive Director Y |
|
|
| UNTITLED-090 |
| cone ‘PERSONNEL BUDGET roms |
| howecimms AG commons crapunn ements Parent 7B ate |
| im, Basees Sims SEO a na tnned |
| sens sama] 3 |
| Jeane | na | Ses [at | com | ome eens | roy it Ser et Repeats |
| (Um cal @ @ 6) @ ful & co |
| Jroganovecs | + | sromo| ssscoo|_zox] sraool so] sro |
| remucaowepe | + | so2ms| siowa| soos] save] srz20| _sroaea |
| » |» |
| 2 «| © |
| s s|__» |
| » «| |
| ® |» |
| 2 ol |
| 2 ol |
| 2 | |
| 2 |» |
| 2 |» |
| Gari z on | apse | ease naan apn Fem |
| €.Fnge Boats nd Tt Ponce cots |
| sa Ba ee |
| lina race sise] sro] stase eos xims |
| eae Sel fie| ‘sts rougxwes |
| 7a eS aT $5; — a |
| a Sot — het |
| Nae eet — tar} — |
| ore rea — oe |
| \(18) Total Fringe Benefits (Addlines tits) | ‘$4,687 $2,326 $4,013 [Totals must match Form 1 Account #0044 |
| {7 Toa Porta Go ie 2.5 | 514576) <7 46 |
|
|
| saw |
|
|
| UNTITLED-091 |
| ‘Acigantcn Name: _‘TIA-Chicago Connections |
|
|
| PERSONNEL BUDGET |
| © Progen Nant Howse Sarvs |
|
|
| Petes comms: 7/103 1 123103 |
|
|
| © Oopemeni Peg Homeless Program. inst. F Mae ‘Geting Housed Staying Housed |
| penton ae oer snar | Totcom) Brlet Summary of Job Responsiniiies _—| |
| co @ @ @ |
| $0. so |
| 0 30 |
| $0 $0 |
| $0 30 |
| 0 $0 |
| so 30 |
| so so |
| $0. 30 |
| $0 30. |
| s0| $0 |
| 0 so |
| $0 $0 |
| [Go Tete $0 “$0 [rot et meh Boge Summary Farm | Acer 08 |
| 6. Fringe Benefits and Total Personnel Costs |
| Typet Frings Benatt ZoRS Hara) | Oar Save | Taal Con) Please show caleulation |
| tn aruca 0 $0 $0 |=0620 x tine 8 |
| b. Medicare $0 0. $0 |.0145 X tne 8 |
| [73 State Unemployment Insurance $0, |
| 33) State Workers Compensation 30 |
| [G4) Other Please List Pension Expense fed Fd 376 |
| (19) Other Plage Llet ——LfeGADAD. LTO $160. $161 $511 |
| (6) Total Fringe Benefits (Add ines 11-15 3346 3528 | $4,075 [rota mont match Sel Sry Fam | Acar |
| [(7) Tota Personnel Costs (Line 10 plus line 16) ssa] $579] $1,075 |
|
|
| UNTITLED-092 |
|
|
| Non eronne! Budo t |
| Open tne TALoiag comecon 8 Pogen Mane! Homeless Socos |
| é i ——r Srecscomes “THOS Sie |
| as Gag hd Saag Maal |
| Ta Une Re Des SASUGT a TRCSTCN |
| tem | ncttgentner —[eomouns] snes | toutcons) (rae er steaaea ts tan eam |
| ia ah (a oi o |
| oro | Oremingana eines | sro 9 sioard |
| oc Tanapottn: Sf Trang: Communicator: Resl ol pce Postar |
| Inara Gon Mult So |
| 10 | Preteen Servs + |
| 000 | atialsandsupstes | 120 20] |
| ce Supe tus nporam |
| woo | eave costs sd |
| ons otter s |
| rata nonPersnmalcxpenans | sysssol ol 1 Es |
|
|
| sana |
|
|
| UNTITLED-093, |
| nse muvocramman — ff 442 |
|
|
| ‘A. Organization Name: ___ TIA. Chicaga Connections F. Contract Term: {1104 to 62004 |
| 8. Purchase Order Number 6. 2008 Allocation: $25,000 |
| . Deparment Program: Homeless Paarom |
| D. Department Human Senices |
| Program Nam: ales Sonica |
| Project Budget Summary |
| Tien Bases pment | (COS anes | (7b Se ee |
| Personnel |
| ‘saute, Sy acuamens) | 0005 $12,136 312250 $24,306 |
|
|
| Ferg benfis |
|
|
| Operating! Technical Costs |
| (audio ga pctin rtaf pont |
| |evomtnercen,mpuiartonnc enupmert |
| ‘hareee, van, mer, cs aren |
| ‘onage seen oor meena co |
|
|
| 100 $0583 0 |
|
|
| Protessenal end Technic! Servos |
| “oastara | snc) oo * 30 |
| Matorais and Suppaes ‘51.000 0 |
|
|
| on ec tom) 000 % 0 |
|
|
| $9583 |
|
|
| [oar epenanres “E. _125,000 EERE |
|
|
| FOR |
|
|
| K. Percentage of tal pad by Other Share __ 37.86% M. Department Authorization |
| (coun alcolumn 5) |
|
|
| Zw heh be |
|
|
| Orptizabon OR” Oats ‘lone of Department ORClaT Dale |
| osoph A. Aron, Executve Dect , |
| TPE |
|
|
| 012008 |
|
|
| UNTITLED-094 |
| PERSONNEL BUOGET vm |
| ‘Acrtntan ane TIA Chicago Connections © Pgran Nene Homa ain reteset: 41104 to 6/3004 |
| © cwpewertPogam Homeless Program D msio at ‘Geing Housed Staying Housed |
| lesion Te so. | Ratws)_|"hais) | Sport| cons sara) | over share) | Toco) Bret Summary of Job Responsibiitios |
| id Oe a (oI oO} |
| lpegramovewor | + | s7a000| s35000| 20%] $7.00 s0| $7000] Genera Adminstrator Develops progam functions |
| Resource Developer | 1 | ssazri| s17306| soon) s5.136| 12250] $17,206 Works wit Clans |
| 80 0 0 |
| 30 0 $0. |
| 30 0 $0. |
| 30 0 $0. |
| 0 ea $0 |
| 30 0 0 |
| 30 0 30 |
| 30 0 30 |
| 30 0 30 |
| $0 0 30. |
| [aorreiae 2 MMM 006) 2.280 | 520300 is marcas ap tm. ca |
| 6. Fringe Benefts and Total Personnel Costs |
| “Type of Frings Benoit ‘GOs Si) | Or Share| Teale) [Pease show calculation |
| lanarica sree] 750| $1511 |eos20xmne8 |
| Medicare sire] size] sas4 fn.0r45 xino 8 |
| [Gi Sia Unemployment nsuranes $962] $272 | sae |
| [:3) state Workers. Coripansation $120] ——$100 | $220 |
| 14) Other Please List Heal isrance S287] $137 |
| 330 Sas |
| $2,326 | $4,086 [Fo mann Ba SommanyFar acoon |
| 314,576 | $28,470 |
|
|
| UNTITLED-095, |
|
|
| ‘Acignaaion Name, TIA Chicago Connections |
|
|
| PERSONNEL BUDGET |
|
|
| © Progam Nove Homies Serine |
|
|
| peed Comma 411/04 10 620/04 |
|
|
| Cdeunayon Honmles Bogus Eye Pian ei Ned Sajing Housed |
| w= |
| [Postion / Tite Ne =. exe | Spent | COHS Share(s) | Other Shar ‘Total Coats) Brief Summary of Job Responsibilities: |
| iol 2) @ 8) © ful @ oN |
| a o| |
| 2 so| so |
| 2 o| |
| 2 sol so |
| 2 o| |
| a so| |
| 2 ol |
| a sol so |
| 2 o| |
| a so| 0 |
| 0 | |
| 0 so| so |
| (corres 7 a $0 | 80 foam a age Smay Fa Ao |
| (0. Fange Beets and Ttl Personne Costs |
| Types Ba (oS |
| rica so] | s0|-0520xm08 |
| Medias re 5 fo lcowsxmes |
| | Sats UsetpiomenT naman $2 |
| Irajstss Wares conpenscion a |
| jor Rete bat Per cpa a |
| Hote Pisses st ——CieaAONO Te sso] — fet] — $500 |
| ta Binet $523 8 | — vt fee ee |
| (7) YatPersenne Cons ine Tats tne TH) $52 | —ssa0 | — siz |
|
|
| ene |
|
|
| UNTITLED-096 |
|
|
| ‘Non-Personne! Budget fm |
| rn = TA-chemeComactons 8 Popam tone; Homeless Services |
| Etepren Peper Hens hopen_O rwcacoens, “TST EANDE |
| Mas olin Hows Saying Housed |
| co ine tem Description and Jusieaion |
| scoot | womettigroanvn [eons snens)|_ sors) | Te cou {rsaa no esstns a och tt xpd) |
| 10} (2) B @ (o} ®) |
| arco | OPeaBrganc Tecnica! | 55 90 950s |
| Loa! Transporton Si Taig: Rat of Space: Postage surance Cots |
| Autos |
| 0140 | Professions Serves E) |
| 300 | Matwissanasupeses | $1000 $1.00 |
| tice Supp for ue in progam |
| cw | Endpment costs so] |
| come otter s0| |
| <<<“ 8 #8=8=©6h Ul |
|
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| sco |
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| UNTITLED-097 |
| File Number____844-547-9 |
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| To all to whom these Presents Shall Come, Greeting: |
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| I, Jesse White, Secretary of State of the State of Illinois, do |
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| hereby certify that reaveuses.« imrgrawrs, a10/cHtc3C0, |
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| Siac Sia 4 ‘peetnsrse CoRpoRAT oN INCORPORATED UNSER THE LAWS OF |
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| Tas STATE Sut go, 15550 APPEARS TO aAVE CombLteD WITH ALE TRE |
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| HrovrStons Of Tue, GeteeAd, Not-toR, FROPTT. CORPORATION ney OF THis |
| Fe |
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| MESTIC, CORPORATION IN GOOD. |
| STANDING INTHE STATE OF TLLINONSeeeeeresenestecersesetoererreeeses |
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| In Testimony Whereof, 1, hereto set |
| my hand and cause to be affixed the Great Seal of |
| the State of Illinois, this Mere |
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| ‘SANUARY 3007 |
| day of AD. |
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| Qeeee Wiete |
|
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| UNTITLED-098 |
| EXHIBIT E |
| INSURANCE REQUIREMENTS & CERTIFICATE OF INSURANCE |
|
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| ‘The kinds and amounts of insurance required are as follows: |
| 1) Workers Compensation and Emplovers Liability |
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| ‘Workers Compensation as prescribed by applicable law covering all employees who are to |
| provide a service under this Agreement and Employers Liability coverage with limits of not less |
| ‘than $100,000 each accident or illness. |
|
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| 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 liability. Coverages must |
| include the following: All premises and operations, products/completed operations, separation of |
| insureds, defense, and contractual liability (With no limitation endorsement). The City of |
| (Chicago is to be named as an additional insured on a primary, non-contributory basis for any |
| liability arising directly or indirectly from the work or Services |
|
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| 3) Automobile Liability (Primary and Umbrella) |
|
|
| ‘When any motor vehicles (owned, non-owned and hired) are used in connection with work or |
| Services to be performed, Contractor must provide Automobile Liability Insurance with limits of |
| not less than $300,000 per occurrence for bodily injury and property damage. |
|
|
| 4) Professional Liability |
|
|
| ‘When any professional consultants perform work or Services in connection with this |
| Agreement, Professional Liability Insurance covering errors, omissions, ot 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, |
| ‘MedicalProfessional Liability Insurance must be provided to include coverage for erors, |
| ‘omissions and negligent acts related to the rendering or failure to render professional, medical or |
| health services with limits of not less than $500,000. Coverage must include contractual |
| liability. When policies are renewed or replaced, the policy retroactive date must coincide with, |
|
|
| UNTITLED-099 |
| or precede, start of work or Services on this Agreement. “A claims made policy which is not |
| ‘renewed of replaced must have an extended reporting period of 2 years. |
|
|
| 6) Builders Risk |
|
|
| ‘When any Contractor performs any construction, including improvement, betterment, and/or |
| repairs, Contractor mst provide All Risk Builders Insurance to cover materials, supplies, |
| equipment, machinery ad fixtures that are part ofthe structure, |
|
|
| B. Related Requirements |
|
|
| Ifthe coverages have an expiration or renewal date occurring during the term of this Agreement, |
| Contractor must furnish renewal certificates to the Federal Funds Insurance Unit at the above |
| address. The receipt of any certificate does not constitute agreement by the City that the |
| insurance requirements in this Agreement have been fully met or thatthe insurance policies |
| cated 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 of the Agreement provisions regarding insurance. Non- |
| conforming insurance docs not relieve Contractor of its 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 tothe City in the event |
| ‘coverage is substantially changed, canceled or non-renewed. |
|
|
| All deductibles or self insured retentions on referenced insurance coverages must be borne 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 limitation placed on the indemnity in this |
| Agreement given as a matter of law. |
|
|
| Contractor must require all Subcontractors to provide the insurance required in this Agreement or |
|
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| Contractor may provide the coverages for Subcontractors. All Subcontractors are subject tothe |
| same insurance requirements of Contractor unless otherwise specified in this Agreement. |
|
|
| UNTITLED-100 |
| IfContractor or Subcontractors desire additional coverages, the party desiring additional |
| coverages is responsible for the acquisition and cost of such additional protection. |
|
|
| ‘The City of Chicago's Risk Management Division maintains the right to modify, delete, alter or |
| change these requirements |
|
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| C. Ifyou need additional information related to insurance, please cal the office ofthe City |
| Comptrotier, at (312) 748-7923, |
|
|
| UNTITLED-101 |
| EXHIBIT E |
|
|
| (HIPAA REQUIREMENTS) |
| COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT |
|
|
| 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. |
| (ittp//wrw bs, gow/oerhipes/) |
|
|
| ‘Contractor must use appropriate safeguards to prevent the use or disclosure of PHI other than |
|
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| 48 provided for inthis Agreement. |
|
|
| 3. 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 of the requirements ofthis |
| Agreement. |
|
|
| 4, Contractor must report any use or disclosure of the PHI not provided for by this Agreement |
| to the City. |
|
|
| 5. Contractor must ensure that any agent, including a subcontractor, to whom it provides PHI |
| received from, or created or received by Contractor on behalf ofthe City agrees to the same |
| restrictions and conditions that apply through this Agreement to Contractor with respect 0 |
| such information |
|
|
| 6. Ifthe Contractor has PHI 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 PHT in a |
| Designated Record Set, t0 City or, s directed by City, to an Individual in order to meet the |
| requirements under 45 CFR 164.524, |
|
|
| 7. If the Contractor has PHI in a Designated Record Set then Contractor must make any |
| amendments to PHI in a Designated Record Set thatthe City directs or agrees to pursuant |
| to 45 CFR 164,526 at the request of City or an Individual, and in the time and manner |
| designated by City |
|
|
| 8. Contractor must make intemal practices, books and records relating to the use and disclosure |
| of PHI received from, or created or received by Contractor on behalf of, City available othe |
| City, ora the request ofthe City tothe Secretary, in a time and manner designated by the |
| City or the Secretary, for purposes ofthe Seeretary determining City’s compliance with the |
| Privacy Rule |
|
|
| 9. Contractormust document the disclosure of PHI and information relating to such disclosures |
| 4s would be required for City to respond toa request by an Individual for an accounting of |
| disclosures of PHI in accordance with 45 CFR 164,528. |
|
|
| 10. Contractor must provide to City or an Individual, in time and manner designated by City, |
| information collected which elates tothe disclosure of PHI, to permit City to respond to 8 |
| request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR |
| 164.528. |
|
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| 11. Contractor must either retum all PHI to the City or destroy it, atthe City’s option, upon |
| termination or expiration of tis Agreement. |
|
|
| UNTITLED-102 |
| [Fa6ct0-7 CERTIFICATE OF LIABILITY INSURANCE 0 Syic76) |
|
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| recon [ aaieSeheconeena nd mans row me "eomnmcare |
|
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| G6 19 me SEIDO, S'S SER ATS ONOES WT rit Nicks ao |
|
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| 40) west Is2no| STREET conranuis afronn COVERAGE |
|
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| Soon WoLtAND, Th 60473 caper |
|
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| (G08) 33-3373 ap insT_Now-PROPIT INSURANCE COMPANY |
| CAVELERS & IHOTGRANTS AID/ | |
| CHECAGO CONNECTIONS Teme |
| 153 SounW LASALLE STREET é _ _ |
| jurre #1618 ry |
| ‘MiCAGD, TLLINOTS 60606 ca _ |
|
|
| Jewel 7 Pea = THE Z |
|
|
| 7 fon noone [5,000,000 |
| cos women | reasicT.cowsrats [1,000,000 |
| [os mee oem rors eagvnanr[e1,000,000 |
| A[ Jor are semacronsmat|TMP0009728--01 |07/01/02/07/01/03[rcacemnancr _|s1, 000, 000. |
| gos fimtgana vores [i 50,000 |
| i eevunaerees |e 5.000 |
| | eomnoect 11 900,000 |
| [Tavoo3969--02 {07/01/02 /07/01/03 wovaan dy |
| - nate |
| aonsceomet [v5 000,000 |
| 0x1.0003672-02 07/01/02|07/01/03 {scemcae *5.,000,.000 |
| x1 a |
| aucnsceeest——1+100,000 |
| Jweesoss—ox— |
| Jifortoatertosyes [mouse mcraal [500,000 |
| iosau anenore [3100-000 |
| /mP0009728-01 07/01/02| 07/01/03 $ 1,000, 001 |
| lL BIDELITY BOND (BLANKET pos} TroN) $250, 00 |
|
|
| THE Cri TIPICATE HOLDER 18 AN ADDITIONAL INSURED, SOLELY, AS |
| RELATE TO THE NAMED INSURED’S OPERATIONS ve THREE TNTEREST |
|
|
| Sieen Waar |
| Chicago Departeent of thiman Services |
| 1615 West Chicago Avenue |
|
|
| Suite 350 |
| Chicago, T1linots 60622 |
|
|
| UNTITLED-103. |
| Acar oayo7yes |
| coe Tes emPeA Sat ae MATIN a Reams |
|
|
| (2) ¢ ba ane. |
|
|
| 40 WES? 62ND STREET t in| |
| — |
| ou 7 — |
| tiesto nena [SK prasr NON-PROFIT COMPANIES. |
| ranveDees & tmarcRaNTs AID/ |B |
| CHICAGO CONNECTION weer |
|
|
| 3 SOUTH LASALLE. STREET |
| futTe #1628 |
| euieAGo, TL sosos |
| a ere qe sin nc 2 Low ISSUED TO THE HeSURED NAMED ABOVE FOR THE POLICY PERIOD |
| DSLSAE Steet tt eae Sc ac Sc ac on an spa rh maT To a ek |
|
|
| aa | oR |
|
|
| | arses asec |
| —_ssemore ls |
|
|
| 700,000 |
|
|
| ‘uxL0003672 07/01/02) 07/03/03 £000 000 |
|
|
| 06,000 |
| woci21650 01/03/03 | 02/01/04 [a oss: ravcroa? 1+400, 000 |
| oss tsewnse [1.00000 |
|
|
| ‘THE CEOTIPICATE HOLDER IS AN ADDITIONAL INSURED, SOLELY, AS THEIR INTEREST |
| RELATE TO THE NAMED INSURED’S OPERATIONS. |
|
|
| Bechara |
|
|
| Chicago Department of Human Services |
| 1615 West Chicago Avenue |
|
|
| Suite 350 |
|
|
| Chicago, Tiinots 60622 |
|
|
| UNTITLED-104 |
|
|
| SIGNED at Chicago, Illinois: |
| CITY OF CHICAGO |
| By: y Recommended by: |
|
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| Fgh “ade por |
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| ee me |
|
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| Purchasing Agent |
|
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| LERS & IMMIGRANTS AID/CHICAGO CONNECTIONS |
|
|
| (NAME OF CONTRACTOR) |
|
|
| Executive Director |
| (MUST BE CORPORATE PRESIDENT |
| RECTOR) |
|
|
| : Soni |
| State of _LUinors |
|
|
| County of Coe K |
|
|
| This instrument was acknowledged before me on 5 (date) by Josee® Antulin |
| (camels of person/s) 8 E22su'.va Due"{type of authority, eg, officer, truce, Ge |
| (came of party on |
|
|
| (top of Notary ea 4 |
|
|
| ‘inthe event that his Agreements signed by any individual other than te corporate president or the |
| ‘executive director, attach a copy of thal secon of Corporate By-Laws or other aufiorizaton, such 26 2 |
| resolution by the Board of Directors, which permits the individual o sign the Agreement forthe Contractor. |
|
|
| behalf of |
|
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| tyonmisesn bermes «22008 |
|
|
| UNTITLED-105 |
|
|