data/data_text/00000K08.pdf.txt

Contract Summary Sheet

Contract (PO) Number: 81
Specification Number: 420

[Name of Contractor: LITTLE VILLAGE COMMUNITY

City Department: DEPARTMENT OF HOUSING

itl of Contract: CDBG 03 HOUSING RESOURCE CENTER

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

Dollar Amount of Contract (or maximum compensation if a Term Agreement) (DUI
$27,000 00

Brief Description of Work: CDBG 03 HOUSING RESOURCE CENTER

Procurement Services Contact Person: ELISE MANN,

Vendor Number: 1068150
Submission Date:

APR 0 1 2003

UNTITLED
Sonia,

Purchase:_81
‘Supplier/Vendor Code #:_1068150_7F
Maximum Compensation: § 27,000.00
DELEGATE AGENCY AGREEMENT
BETWEEN
THE CITY OF CHICAGO
DEPARTMENT OF HOUSING
and

i inity Developme:

(contractor)
16086 Program
CDA. Number 14218
From JANUARY 1.2003 TO DECEMBER 31, 2003

‘mu Frm ts To Be Used Only For Osogate Agency Agreements Funded Wholly Through The United States Department Of
Housing and Urban Devlopnents Communy Development Bock Grant Program (ear XR) (Revised 102302)

UNTITLED-002
Signed at Chicago, Minois:

Recommended By:
G.tfakosohe ll
Camas
(CONTRACTOR
of pice Leas __
Name: _ Jesus G. Garcia __
Title:__Executive Director
eT ror crn wets
State of Ilinois:
County of Cook

‘This instrument was acknowledged before me on 12/28/02 (date)by Jesus G, Garcia_(namels of
personis)as Executive Director (type of authority, e.g. officer trustee, ec.)

‘of Little Vilage Community Development Corporation (name of party on behalf ofwhom instrument. ~
‘was executed).

J Kcovevocsed sso

‘in the event that this Agreement is signed by any individual ottiP tthe eotBorate Présidorier the”
‘executive director, attach a copy ofthat section of Corporate By-Laws or other authorization, such as 2
resolution by the Board of Directors, which permits the individual to sign the Agreement forthe
Contractor.

‘Thu Fo a To Be Used Oy Fer Delegate Agoncy Agreements Funded WhallyThvough The Unie Stats Department Of
"Nousing And Urban Goveapments Community Development Bloc Grant Program (eat XX) (evan T2302)

UNTITLED-003
AGREEMENT

‘This Agreement is entered into as ofthe 1" day of January 2003_, by and between,
Lite Vilage Community Development Corporation a corporation ("Contracior), whose malling address
's:2756 South Harding Avenue, Chicago, linois_ 60623, and the CITY OF CHICAGO (“city),
‘municipal corporation and home rule unit of local government existing under the Constitution of the tate
‘flings, acting through its DEPARTMENT OF HOUSING (-Departmen), whose malling address. i:

‘318 South Michigan Avenue, at Chicago, Ilinots.

BACKGROUND INFORMATION

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

“The City Counci of Chicago has appropriated CDBG funds tobe used for Housing Resource
‘Canter (HRC) [program name] and the City desires to enter nto this Agreement to provide such
housing, ving environment and economic opportunities.

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

‘This Agreement will take effect as of January 1, 2003 and continue through
December 31, 2003 ("Term"), or until the Services are completed or until this Agreement is terminated,
‘whichever occurs first. Contractor will complete the Services tothe satisfaction of the City no later than
December 31, 2003,

‘Any payments under this Agreement wil be made from Fund Number #03- 0067-0212530-0135
and are subject to annual appropriation and availability of funds. The maximum compensation that
Contractor may be paid under this Agreement, without an amendment to this Agreement authorizing a
higher amount, is § 27,000.00 (the "Maximum Compensation”).

Now, Therefore, the partes agree as follows:

This Form a To Be Used Only Fr Delegate Agoncy Agreements Funded Whlly Through The Unie States Department Of
"Nousing An Urbon Developments Common Bovlopmen Block Grant Progom feet XR) (Revie 122307

UNTITLED-004

‘TERMS AND CONDITIONS:

ARTICLE 4
INCORPORATION OF BACKGROUND
INFORMATION

‘The Background Information is incorporated by
reference.

- Sermces, TIME IS OF THE ESSENCE.
2.2 PROGRAM FUNDING

‘Any payments under ths Agreement willbe made
from the Fund Number shown in the Background
Information ands subject to annual appropnation
and availabilty of funds. The Maxum
Compensation that Contractor may be paid
without an amendment authorizng a higher
‘amount, ¢ noted inthe Background Information.

‘The City, in its sole discretion, may reduce the
‘Maxmum Compensation at any time, upon
written notice to the Contractor. Upon reduction
Of the Macmum Compensation, the Contractor
wll fully cooperate wath the City’s deobiigation
‘andlor reprogramming of funds.

2.3 EXTENSION OPTION

The Chef Procurement Officer of the City of
(Chicago (Chief Procurement Oficer?) may. nor
to ths = expiration, extend this
‘Agreement for up to 2 additonal years, each
Period not to exceed 1 year, by wntten notice to
the Contractor

Terms and Conditions Page 1 of 23,
24 EARLY TERMINATION

‘The City may terminate this Agreement, or any
portion of it remaining to be performed, at any
fime, upon written notice to the Contractor. Ifthe

{is terminated by the City, the
Contractor will deliver to the City all finished or
Unfinished documents, data, studies, and reports
Prepared by the Contractor under this
‘Agreement. Payment for the work performed
before the effective date of such termination will
‘be based upon a proration of the work actually
performed by the Contractor to the date of
fermmnation, as determined by the Chief
Procurement Officer. Payment made by the City,
pursuant to such proration, wil be in full
Settlement for all Services rendered by the
‘Contractor.

25 CONTRACTOR CONTRIBUTIONS

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

2.8 _NON-APPROPRIATION

Ino funds or sufficient funds are appropnated
‘and budgeted in any City fiscal period for
Payments to be made under thes Agreement, the
Cty will notty Contractor in writng of such
‘occurrence and this Agreement wil terminate on
the earlier of the last day of the fiscal period for
whvch suficent appropriation was made or
whenever the funds appropriated for payment
under ths Agreement are exhausted. No
payments wil be made or due to the Contractor
under this Agreement beyond those amounts
‘appropnated and budgeted by the City to fund
payments under this Agreement.

“Tm Frm Tne Used Ony For Deleate Agency Agratmarts Funded Wholy Trough The United States Department OF
‘oting and Unan Bevtopments Communty Development Bist Gram Program (as XH) Revand TOs)

UNTITLED-005
ARTICLE 3
‘DUTIES OF THE CONTRACTOR

3.4 SCOPE OF SERVICES
(WORK PROGRAM)

‘The Contractor wil carry out the Services
pursuant o the Scope of Services (Work
Program), attached as Exhibit B and
incorporated by reference, and the Budget
‘Summary, attached as Exhibit C and
incorporated by reference, in accordance with
the requirements of this Agreement. The
‘Scope of Services (Work Program) is intended
to be general in nature and is nelther a
compete description of the Contractor's
‘Services nar a limitation on the Services which
the Contractor will provide.

3.2. STANDARD OF PERFORMANCE

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

If the Contractor falls to comply withthe
‘Standard of Performance, the Contractor will
Continue to perform any Services required by
the City 28 2 result ofthe failure. This provision
in no way limits the City's legal or equitable
rights agamst the Contractor.

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

assignment of personnel is required for the
proper completion ofthe Services or is
‘otherwise required by this Agreement, then the
Contractor will assign immediately and maintain
for the duraton of the Servces, a staf of
competent personnel that is fuly hoenced,
‘equipped, competent and qualified to perform
the Services. The Contractor will retain and
‘make available to the City,state and federal
agencies governing funds provided under this
‘Agreement, proof of certficaton or expertise
including, but not limited to, iwences, resumes
and job desenptions..

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

‘A. Ifthe Contractor's Scope of Services:
(Work Program) is solely limited to
Social services (including, but not lmited
to, job traning and placement,
‘education, child day care, emergency
shelter, home-delivery meals and health
‘care, the Contractor need not comply
with the Minority-Owned and Women-
‘Owned Business Enterpnse
Procurement Program (the "MBE/WBE
‘Ondinance”). Municipal Code of the City
‘of Chicago (tne "Mumcipal Code")
Section 2-92-420 et se0..

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

‘Thi Form To Be Used Only For Delage Agency AreemactsFundea Whoty Trough The United Saas Deparenent Of

‘cing ana Urben Groopments Commonty

Development Block Gran Program (Year XN) (Reve 10202,

UNTITLED-006
3.5 NON-DISCRIMINATION

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

1. fallor refuse to hire or discharge
any individual, or otherwise
discrimnate against any
individual with respect to his or
her compensation, or the terms,

‘such indviduat' race, color,
religion, sex, age, handicap or
‘national origin; or

4, limit, segregate, or classify its
‘empioyees or applicants for
‘employment in any way that
would deprive or tend to deprve
‘any individual of employment
‘opportunites or otherwise
‘adversely affect the individual's
status a8 an employee, because
of that individuas race, color,
religion, sex, age, handicap or
rational origin

In discharging the
responsibilites required by the
terms and conditions ofthis
‘Agreement, the Contractor wall,
‘comply with the Civil Rights Act
of 1964, 42 U.S.C. § 2000 at

‘Age
1975, 42 US.C. 6§ 6101-8105;
Tile X ofthe Educaton
Amendments of 1972, 28
amended (20 U.S.C. 1881-83
‘and 1665-86), the Rehabitaion
Aatof 1973, 29U SC. 65 795.

c

‘Terms and Conditions - Page 3 of 23

794; the Amencans with
Disabilities Act, 42 U.S.C. §
12101 etseq. 41 CFR part 60;
‘and ail other applicable federal
statutes, regulations and other
laws.

‘State Requirements
In performing the services under this.
‘Agreement, the Contractor wil comply
with the Minis Human Rights Act, 775
ILCS 5/1-101 et.gea,, the Puble Works
3t Discnmination Act, 775
ILCS 1010.01 et sea, and any rules and
regulatons promulgated thereunder,
including, but not limited to, the Equal
Employment Opportunity Ciause, 44 Il
‘Admin. Code § 750 Appendix A, and ali
‘other applicable state 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 al other applicable City
fordinances and rules. Further, the
Contractor must furnish, and cause
‘every subcontractor to furnish, such
reports and information as may be
requested from time to time by the
(Chicago Commission on Human
Relations.

‘Subcontractors Required to Comply
‘The Contractor will incorporate all ofthe
Provisions set forth inthis Section in all
‘subcontracts entered into with all
‘suppliers of matenais, fumishers of
Services, subcontractors of any ter, and
labor organzations which fumish skilled,
unskilled and craft union skiled labor, or
which may provide any matenals, labor
(or sermeces in connection wath ths
‘Agreement.

‘Tun Form eT Be Uaed On Fer Delegate Agency Agreamens Funded The Unie Saas Deparment OF
tly Tough paren

Movs and Uren

ick rant Program (aut) Pavan TOS.)

UNTITLED-007
The Contractor must cause its
‘subcontractors to execute such
‘certficates as may be necessary in

‘applicable subcontracts. If any
subcontractor isa partnership or joint
venture, the Contractor wil also mciude
prowsions in ts subcontract insuring
{hat the entities comonsing such
Partnership or jomt venture wil be jointy
and severally liable forthe partnership's
‘oF omnt venture's obligations under the
‘subcontract.

3.8 INSURANCE

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

ity of Chicago

Comptroller's Office

Federal Funds insurance Unit
33 North LaSalle Street
Room 800

‘Chicago, tlinois 60602

3.7 INDEMNIFICATION

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

1. imury, death or damage of or to
‘any person or property,

‘Terms and Conditions - Page 4 of 23

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

1, failure to pay or pertorm or
‘cause to be paid or performed
Contractor's covenants and

Iv, the City’s exercise ofits nghts

¥. injuries to or death of any

fees and disbursements), cians,
demands, actons, suits, proceedings,

judgments or settlements, any or all of
which in any way arise out of or relate to
the acts or omissions of Contractor, its
‘employees, agents and Subcontractors.

{At the Cy Corporation Counsel's
‘option, Contractor must defend all suits
brought upon all such Losses and must
Bay all costs and expenses incidental 10
‘hem, but the City has the right, ats
option, to participate, atts own cost, in
the defense of any ut, without reieving
Contractor of any of its obigations
Under this Agreement. Any setlement
‘must be made only withthe prior wntten
consent ofthe Cty Corporaton
Counsel, if the settementrequres any
‘ction on the part ofthe City

‘Tes Form To Be Unnd Ooty For Deepa Agency Agreements Funded Whaty Though The Untied State Deparment Of
‘ecuing ana tan Developments Commensy Development Back Stan Program Yee X09 Reviews 02382)

UNTITLED-008
. ‘Terms and Conditions - Page 5 of 23

To the extent permissible by law, the remaining provisions wil remain
Contractor waives any lms tothe ‘enforceable fo the maumum extent
amount of ts obigations to indemnity, permitted by applicable law.

‘defend or contribute to any sums due

Under any Losses, including any claim 3.8 NON-EXPENDABLE PERSONAL

by any employee of Contractor that may PROPERTY

be subject to the Workers

Compensation Act, £20 ILCS 3065/1 et ‘The Contractor will comply wth all Federal,
‘$29, or any other law or judicial decision State and Local laws and ordinances regarding

(such as, Koteck v. Cycloos Welding ‘property management.
Comoration, 146 i. 2d 155 (1991)).

The City, however, does not warve any ‘The Contractor will request and receive wntten
limitations may have on Hs tabity authorzation trom the Cy prior to the purchase
under the lino Workers af tangible personal property having a Useful
Compensation Act, te linois Pension __ Ife of more than 1 year and an acquisition
CCode or any other statute, Contractor's cast of $5,000 or more per unk wit funds
warver under ths provision, however, | reealved pursuant o ths Agreement
no intended and does not requre (CNonexpendebie Personal Property).
Contractor to indemnify the City for the
City’s own negligence in violation of the All Non-expendable Personal Property will be
Constructon Contact indermifcaion the property ofthe Cy fo the extent that such
for Negligence Act Anttindematy propery not the propery ofthe federal
Act), 740 LCS 35/0.01 et seq., if the government or the State of Ithinois.
Anti-indemnity Act applies.
‘The Contractor wil mantain 2 cuent ventory
E._The indemniies contained inthis listing of such Non-expendabe Personal
secton survive expiration or termination Property and wil deliver copy of such fisting
‘of this Agreement for matters occurnng to the City on an annual basis. *
or ansing during the term of hs
‘Agreement ora the result of or dunng The Contractor wil retu al Non-expendable
the Contracts performance of Personal Property tothe Clty, upon the
Sernces beyond the term. Contractor termination ofthe Services, completion of his
‘acknawiedges that the requrements set Agreement or at any ime requested by the
forth in this section to indemnify, keep Department. However, upon the receipt of the
and save harriess and defend te Cty final ventory ofall Nr-expendable Personal
are apar trom and not ited bythe Property, the Cy may alow such property 10
Contractor's dubes under this remain m the possession of the Contractor if
‘Agreement, mcuding the insurance the Cty, ints soe discretion, determines that

requirements under Section 36. In the the Non-expendable Personal Property is
‘event that @ court or other governmental necessary for the performance of any new or

uthonty having competent junsciebon ‘ther services by the Contractor forthe City.
determnes any portion or provsion of

thus Secton to be inoperative or 9 SUBCONTRACTS

Lunenforceable pursuant tothe Ant-

Indemnity Act, the moperatve or ‘All subcontracts and all approvals of
unenforceable portion or promsion wal subcontractors, regardless ofthe form, wil be
be deemed severed and deleted, ano deemed to be conditioned upon performance

This Ferm Toe Used Ony Fo Dalogate Agency Agrements Funded Whoty Trough The Und Staias Deparment OF
Huang And Urben Grvnopments Community Goveopmen Block Grant Progha (ane Xm) fevaed e230),

UNTITLED-009
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 ofits obligations or labilties under this
Agreement.

Upon entenng ino any subconract, the
Contractor wi furnish the City wth 1 copy of
the subcontract for dstrbution tothe Chvef
Procurement Officer and the Department. All
subcontracts wil contan provisions that requre
the Services tobe performed in strict
accordance withthe terms and conditions of
this Agreement and thatthe subcontractor is
subject to al of the terms and condltions of tis
‘Agreement, nctuding the nghts ofthe City 10
‘approve or cisapprove of he use of any
subcontracor As long a8 such subcontracts
do not prejudice any ofthe City's rights under
this Agreament and donot affect the quality of
the Services tobe rendered in any way,
‘subcontracts may contain different provisions
than are provided inthis Agreement.

3.40 PROGRAM INCOME

‘The Contractor wil return tothe Cty li gross
income received by the Contractor that is
‘rect generated by the use of funds received
{rom the Cy (Program Income”) in any form
‘or manner the Cty requires. Program income
includes the folowing:

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

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

©. gross income from the use or rental of
‘eal or personal property acquired by
the Contractor wth City funds, less the
cost incidental o the generation of such
income:

F

aat

Terms and Conditions - Page 6 of 23,

(gross income from the use or rental of
real property owned by the Contractor
that was constructed or mproved with
City funds, less the costs mcidental to
the generation of such income;

proceeds from the sale of obigations
‘Secured by loans made with City funds,

interest eamed on funds held in a
revolving fund account;

interest eamed on Program Income
ending disposition of such income; and

funds collected through specal
assessments made against properbes
‘owned and occupied by households of
low and moderate income persons
where such assessments are used to
recover all or part of the Citys portion of
‘a public improvement.

RELIGIOUS ACTIVES
Definitions:

“Pervasively Sectarian Organczation”
‘means an organization whose pnmary
purpose is religious, such as a church,
Synagone, mosque, rigour primary
€or secondary school, or corporate entity
which includes such religious uses.

“Religousy Afiiated Organization”
‘means an entty with a secuar purpose,
which is afiated with a Pervasively
Sectaian Organization or whose
‘members are motivated by a religious
purpose.

“Line-ttorn-Services Agreement” means
‘an Agreement for the provision of items
(e.., meals, vaccinabons, etc.) or
Services (e.g, homeless servces, job
training, child care, medical care, etc),
hich sets forth each particular type of

‘Ths Form Tob Used Ony Fer DlagteAguncy Agreements Funded Whey Through Th Une Stats Department Of
"wing Ane Urben Devtopments Commumty Devopran Book Gram Program (Yea XD) (eve 182300)

UNTITLED-010
‘expenditure for wivch 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:

1. itwillnotgiscnminate against
‘any employee or applicant for
‘employment on the basis of
religion and will not limit
‘employment or give preference
to persons on the basis of
religion, uniess otherwise
expressly allowed by law,

1. itwal not eisciminate against
any person applying forthe
‘Services on the basis of religion
and wil nt imt the Serves or
‘ive preference to persons on
the basis of religion;

worship or serces, or engage in
religious proselytizing, no,
Unless otherwise expressly
alowed by iw, wilt provide
religious counseling or exert
ther religous influence in the
provsion ofthe Services.

It this Agreement is any type of
‘agreement other than a Line-Item-
‘Sermces Agreement. the Contractor
warrants that itis not a Pervasively
‘Sectanan Organizaton.

It the Contractors a Pervaswvely
‘Sectanan Organization, then Contractor
warrants that it will not use any funds
recewed under this Agreement for any
‘purposes of the Contractor, and
that it wil retum to the City any such
funds not spent by ton the Services,
Promptly upon completion of the

‘Terms and Conditions - Page 7 of 23,

Services or termination of ths
‘Agreement in accordance with its terms,
whichever occurs earfer.

E, the Contracoris a Reigiously
‘Affited Organizaton and it receives
funds under this Agreement for
construction, rehabiltaion or facity
‘enhancements improvements”) of
premises, the Contractor warrants that
the premises willbe used for wholly
‘secular purposes and that Hf, during the
Useful fe ofthe Improvements, the
premises are ever used for any religious
Purposes by the Contractor, ts
successors or assigns, the Contractor
wil reimburse the City forthe present
value ofthe Improvements, up to the
_amount of funds provided by the Cy for
{he improvements.

F ‘The Contractor's breach of any of the
warranties described in this Section
[EAL i aditon to any other remedies
available at law, in equity or under this
‘Agreement, ens the Cty to vor ths
‘Agreement and recapture al funds
{gven to the Contractor under tis
Roreoment

3.42 DRUG-FREE WORKPLACE

‘The Contractor must administer a policy.
designed to ensure that the program facity is.
free from the ilegal use, possession, or
<istnbution of drugs or alcohol by is
beneficianes. The Contractor must further
maintain a drug free workplace in accordance
wath the requirements of the Drug Free
Workplace Act of 1988 (Pub. L. 100-690 and
26 C.F.R. Part 24, Subpart F), and the Ilinois
Drug Free Workplace Act (30 ILCS 580/1 et
'$22.) and must implement specific polcies and
‘guidelines as may be adopted by the City. In
_adcition, the Contractor must execute

‘Ths Farm To Ba Used Ont Fet Delegate Agcy Agreements Funded Whaly Trough The United Stas Departmat OF
‘ouung and Urban Oveopments ConmuntyOnveopmant Boss Grant Progam (ve Xx) (vind T2302)

UNTITLED-011
Certfications pursuant tothe Drug Free
Workplace Act of 1988, 28 may be requested
by the Department.

Contractor wil establish procedures and
polices to promote a drug free workplace.
Further, Contractor will notty all employees of
its policy for maintaining a drug free workplace,
{and the penaities that may be imposed for drug
‘abuse violations occurring in the workplace.
‘The Contractor will notify the City if any ofits
employees are convicted of a cnminal drug
offense m 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 wntten
approval of the City. The Contractor wil
‘conspicuously acknowledge the co-
sponsorship ofthe City on ail
promotional materials including, but not
limited to, brochures, fyers, writen or
‘electronic public notices, news releases,
public service announcements,
‘acknowledgments at any special events
Intended to promote the Services, or
Solictation of the private sector. The
‘Contractor wil not attribute any
statement to the City without the City's
‘nor written approval

Al reports, maps and other documents
‘completed as part ofthis Agreement,
‘ther than documents exctusively for
intemal use within the City, wil contain
the folowang information im 2
‘conspicuous piace on the front of the
‘report, map or document:

1. the name of the City of Chicago,

‘Terms and Conditions - Page 8 of 23

ithe month and year of,
preparaton; and

il, the name ofthe project.

B. Also, i the Contractor is expending
federal funds under this Agreement, the

describing projects or programs funded
in whole or in part with federal money,
will leary state:

1. the percentage of the total costs
of the program or proyect which
willbe financed wih federal
‘money;

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

Il, the percentage and dollar
‘amount of the total costs of the
projector program that will be
financed by nongoversmental
‘sources.

‘Such statement must not represent or
‘suggest in any way that the views
expressed are those of the federal
goverment. :
ARTICLE 4 .
REPORTING, MONITORING &
DOCUMENTATION

4.4. REPORTING REQUIREMENTS

‘The City will set forth the specific reporting 2
requirements, if any, in the Scope of Services
(Work Program) attached as Exhibt B.

‘This Farm To Be Uned Ont For Delegate Agency Agroumants Funded Whol Though The Une Stats Depart Of
ouing And Uraan Bewlopmants Communty Demopment Bact Gran Program eat XD) (Reveed 102,

UNTITLED-012
42 RECORDS

‘The Contractor will mamntain and make
avaiable to the City information such as, but
not hmited to, dates of and reports or
‘memoranda descnbing the Contractor's
actvites that is necessary to assist the City in
its compliance with all applicable laws. The
Contractor wil maintain al documents
Pertaning to ths Agreement including, but not
limited to, al financial, statstcal, property and
partospant information documentaton,

‘The Contractor wil retain books,
documentation, papers, records and accounts
in connection wit tis Agreement in a safe
place for atleast 5 years after the Cty and, i
applicable, the federal government determines
that the Contractor has met all ioseout
Fequirements for this Agreement, and wil keep
them open to audit, inspection, copying,
abstracting and transcription, and wil make
these records avaiable tothe Cty, the United
Slates Comptroller General or the Autor
General of the State of lino at reasonable
tumes dunng the perormance of is Services.

4f 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 wil maintan and make avaiable to
the City the U.S Comptroller General and
‘Auditor General ofthe Siate of lino detailed
records supporting Contractors allocation of
the costs and expenses attbutable to any such
shared usages.

‘The Contractor will maintain books, records,
‘and documents, and will adopt accounting
procedures and practices sufficient to reflect
properly all costs of whatever nature claimed to
hhave been incurred and anbcipated to be
Incurred for orm connection with the
Pertormance of ths Agreement. This system of
‘accounting must be in accordance with

‘Terms and Conditions - Page 9 of 23

generally accepted federal accounting
Principles and practices, as set forth in the
applicable OMB Circulars A-21, A-87, 4-102,
ALM10, A122 and A133,

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

'No prowsion in this Agreement granting the City
4 right of access to records and documents
impairs, mits or affects any right of access to
‘uch records and documents that the City
would have had in the absence of such

provisions.
43° AUDIT REQUIREMENT

Ifthe Contractors a not-for-profit corporation
and 1s expending federal funds under this and
‘other agreements totaling $300,000 or more
dunng ts fiscal year, it must submit an audit
‘conducted in accordance with OMB Circular A-
133 (ented "Audits of States, Local
Governments and Non-Profit Organizations”)
the compliance requirements set forth in OMB
‘Compliance Supplement, and any additional
testing and reporing required by the City. If an
‘A133 audits required, that audit must cover
the time penod specified by OMB Circular A-
133 and its implementing reguiatons.
Organcation-wide audited financial statements
‘must, at a minimum, cover the Term ofthis.
Agreement.

If the Contractor isa 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 of the
United States (for-profit entives).

‘Ts Form To Be Used Only For Deepa Agancy Agreements Funded Whelly Though Tha Une Sais Department Of

‘ung And Urban Development

agency
‘Community Developmen Block Grant Program (out Xi) femane 2502),

UNTITLED-013,
‘The Contractor acknowledges that the City may
perform, or cause to be performed, vanous
‘morstonng procedures relating to the
Contractors awards) of federal funds,
cluding, but not imited to, “imited scope
audits" of specific compliance areas.

‘The Contractor must submit the audit reports
within 6 months after the end of the aucit
period. The Contractor must submit the audit,
‘thin this tme frame, to the Department and
to:

City Department of Finance
Internal Audit

‘Aust Compliance Unit

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

1 an OMB auait is required, the Contractor will
‘also send a copy of the audit, within the same
time frame indicated in Sec. 320 of OMB
(Creuiar A133, to:

Federal Audit Cleannghouse
Bureau of the Census

1201 E. 10th Street
Jeffersonville, IN 47132

Further, the Contractor must submit, with the
‘audit, @ report which comments on the findings
‘and recommendations n the audit, including
corrective action planned or taken. If no action
18 planned or taken, an explanation must be
included Copies of wntten communications on
‘non-matenal compliance findings must be
‘submitted to the Department and the City
Department of Finance,

‘The City retains ts right to independently audit
the Contractor.

1f the Contractor is found in non-compliance
‘with these audit requirements, by ether the City
or any federal agency, the Contractor may be

‘required to refund financal assistance recerved

‘Tn Farm eT Be Unad Ont For Delegate Agency Agreements Funded Woy
‘Developments Communty Development Block Grant rogram (Yee 3X50 (Revised

owing ana ureen

Terms and Conditions - Page 10 of 23

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

44° CONFIDENTIALITY

‘Al reports, deliverables and documents,
‘repared, assembled or encountered by or
‘provided to the Contractor under this
‘Agreement are property of the City and are
‘confidential, and the Contractor warrants and
represents that, except as may be required by
law, the reports, deliverables and documents
will not be made available to any other
individual or organization without the por
waitien consent of the Commissioner of the
Department ("Commissioner"). The Contractor
willimpiement measures to ensure that its staff
‘and its subcontractors will be bound by this
‘Section,

‘The Contractor will nat issue any publicity news
‘leases or grant press interviews, and except
‘as may be required by law during or after the
performance ofthis Agreement, disseminate
‘any information regarding ts Services or the
Broject to which the Services pertain without the
nor wntten consent of the Commissioner.

‘When the Contractor 1s presented with a
‘request for documents by any administrate
‘agency or with a

regarding any records, data or documents
which may be in the Contractor's possession by
reason of this Agreement, the Contractor will
immediately give note to the Commissioner
‘and the City’s Corporaton Counsel with the
Understanding that the City will have the
‘opportunity to contest such process by any
‘means availabe toi, before such records or
‘documents are submitted to a court or other
third party. The Contractor will not be obligated
to withhold such delivery beyond that tme as
‘may be ordered by the court or admnistrative
‘agency, unless the subpoena or request is
uashed or the time to produce is otherwse
extended.

Trough The United Staen Operant OF
ora.

UNTITLED-014
To the extent not defined here, the capitalized
terms in Exhibit A-1.3 wil have the same
meaning as set forth in the Health Insurance
Portability and Accountability Act (Act). See 45
(CFR parts 160 and 164. Contractor and all iis
‘Subcontractors must comply withthe Act and all
‘ules and regulations applicable to it nciuding
the Privacy Rule, which sets forth the
‘Standards for Privacy of Individually Identifiable
Health Information at 45 CFR part 160 and part
1164 subparts A and &; and the Standards for
Electronic Transactions, which are located at
45 CFR parts 160 and 162.

‘Additonaly, i Contractor's @ Business Associate
it must comply wath all requirements of the Act
applicable to Business Associates including the
provisions contained in Exhibit A-1.3.

1 the Contractor falls to comply with the
applicable provisions under the Act, such failures
will constitute an event of defauit under this
‘Agreement for which no opportunity for cure wil
bbe prowded.

4.5 MONITORING
‘The Contractor wil alow the City:

A. tohave access at all umes to all facities
supported under this Agreement
whenever requested by appropnate staff
members of the Cty;

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

©. to _make physical inspections of the
premises used by the Contractor m the
performance of the Services and to
Fequire such physical safeguards to
‘safeguard the property andlor equipment
authonzed including, but not limvted to,
‘requrng locks. alarms, safes, fire
‘extinguishers and sprinkle systems, and

Terms and Conditions - Page 11 of 23

D. tobe present at any and all meetings held
by the Contractor, including, but not
limited 10, staff meetngs, board of
directors meetings, advisory committee
‘meetings and advisory board meetings, if
anitem relatng to ths Agreement s to be
discussed.

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

‘The Contractor wil respond within 2 weeks to
uestionnaares, if any, regarding demographics,
staff, qual, etc, from the Department.

Nothing in this Agreement will be construed as
resincting or otherwise limiting the rights of the
City toward the appropriate management of this
program.

4.8 INTELLECTUAL PROPERTY

‘A. Patents and Copyriahts

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

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

4 anynghts of copynghtor patent to
which the Contractor purchases:
‘ownership with the funds awarded
Pursuant to this Agreement.

‘Ts Form eT Be Used On For Detgute Agency Agreements Funded Waly Through The Usted States Oxparmant OF
‘wing hn Uroan Devecomants CommantyDeveepment Block Gran Program (Yer N) Paves 2303)

UNTITLED-015
‘Terms and Conditions - Page 12 of 23

the federal government determunes that their official dubes against any labiity,
2 patent or copynght which is developed including costs and expenses, resulting
‘or purchased by the Contractor serves a {rom any wilful or intentional violation by
{federal government purpose, a royalty- the Contractor of propnetary nghts,
free, non-excluse and revocable patents, copyrights, or nghis of privacy,
license will vest in the federal ‘ansing out ofthe publicaton, translation,
government. reproduction, delivery, use, oF disposition

of any material or data produced under
‘Any discovery or invention arising out of, the Agreement.

(or developed in conjuncton with the
Services will be promptty and fully

reported to federal govemment for 2 ARTICLES
determination as to whether patent COMPENSATION
‘protection on such invention or discovery

should be sought. The rights to such 5.1_—_BASIS OF PAYMENT

patent wil be administered as set forth

above and in 37 CFR. Part 401 ‘The Contractor willbe compensated for Sennces
performed andlor costs expended pursuantto the

‘Ownership of Documents Budget Summary contained in ExhibitC, which is

‘All required submittals, including but not attached and incorporated by reference,

limited to work products, materials,

documents, andrepors,ifery, described &.2 METHOD OF PAYMENT

in Exhibit B, willbe the property of the

ity. During the performance of the The Contractor will submit MONTHLY

Services, the Contractor will be requisitions for reimbursement identifying the

‘esponsibiefor any oss or damage tothe payment due for the Services andlor costs

documents while they are in its ‘expended in such detail and supported by such

possession and any such document iost documents es the City may require The

‘or damaged wil be restored at the requisitons for reimbursement wil be on a form

expense of the Contractor. if not provided and approved by the Cy. The City wil

restorabie, the Contractor will be process the payment within 60 calendar cays

‘esponsible for any loss suffered by the folowing submasion,

City on account of such destruction. Full

‘access 10 all finished or unfinished ‘The requests for reimbursement and supporting

documents, data, studies and reports to documents wil be sent to the Department's

be prepared by Contractor hereunder Mailing Address noted in this Agreement’

ddunng tne performance of Serviceswillbe Preamble,
available to the City dunng normal
business hours upon reasonable notice. The Contractor waives all ights to payment if the

‘requestor reimbursements submited later than
Hold Harmless 45 calendar days folowng the termination or
Uniess prohibited by state law, upon completion of tis Agreement. Costs ncued Dy

request by the Federal government, the Contractor after the expiration date or after
‘Contractor wil ndemnily, save, and hold garter termination of this Agreement wil not be
harmless the City andits offices, agents, paid by the City,

‘and employees acting within the scope of

‘Ta Form Tee Usd Ony For Delegate Agnncy Agreamants Funded Wiel Through The United States Deparment Of
owen And Urban Deeopments Commonly Developmen Black Grant Program fea" ID) fRavses 1oeseN

UNTITLED-016
5.3 REDUCTION OF COMPENSATION

If, after ths Agreement is signed, antopated
federal and/or state funding is reduced for any
reason, then the City reserves the nght upon
wntten 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 appropnations are reduced to
‘such an extent that, in the sole discretion of the
‘Cty, no funds willbe available to compensate the
Contractor under this Agreement, then the City
will provide notice of such occurrence to the
Contractor. The notice will constitute notice of
Early Termnation in accordance with ths
Agreement.

Ht, pursuant toa reduction in federal andior state
funding, the City reduces the compensation tobe
paid to the Contractor under this Agreement, the
Contractor wil have 20 calendar days, from the
date ofthe receipt ofthe writen notice, to submit
‘2 revised work program, budget or any other
necessary document (Revised Submits”) to
the City reflectng the reduction in the
compensation and accordingly modifying the
‘Services to be performed. The City wil have the
<iscretion to modiy the Revised Submitals as t
may deem appropnate in order to realize the
goals of the Agreement. The Revised Submits
‘willbe revewed by the Chief Procurement Officer
‘and the City's Office of Budget and!

‘and upon their final approval wil become a part
of this Agreement superseding the previous
documents

54 ALLOWABLE COSTS

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

‘Tas Frm eT Be Uaed Ont For Delt Agency.

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

‘The Contractor may request an advance of funds
and, at the Citys sole discretion, may receive up
10245 calendar day operating advance, provided
the advance meets all federal, state and City
requirements for funding under this Agreement.
‘All advances will be iquidated pnor to the end of
the contract period in a manner specified by the
iy.

ARTICLE 6
NON-SOLICITATION

‘The Contractor warrants and represents that the
Contractor has not employed any person solely
for the purpose of soliciting or procuring this
‘Agreement, and has not made, and will 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

Except as otherwise prowded in this Agreement,
the Contractor or the City wil n writing, bring any
dispute conceming a question of fact arising
Under this {0 the Chief Procurement
Officer for decision. The Chief Procurement
Officer wil sue a writen decision and mail or
‘otherwise fumish @ copy of it to the Contractor.
‘The decision ofthe 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 available
in City Hall, 121 N. LaSalle, Room 301, Bid and
Bond Room,

ARTICLES
EVENTS OF DEFAULT & REMEDIES:

8.1. EVENTS OF DEFAULT DEFINED

Funced Waly Through The Une Stats Daparment Of

arenas
‘Howsng and Urban Deepens Gommunty Devalepment Block Grant Program (Year XX) Pevised 102372)

UNTITLED-017
‘Terms and Conditions - Page 14 of 23.

‘The following wil consttute events of defaut: ©. The Contractors defauit under any other
‘agreement & may presenty have ot may
‘A. Any matenal msrepresentation, whether enter into withthe City during the Term of
egigent or wilful and whether in the this Agreement. The Contractor consents
inducement orn the performance, made that in the event of a default under this
by the Contractor tothe City, ‘Agreement, the Cty may also deciare a
<efaut under any other agreements with

B. Any matenal failure by the Contractor to the Cty.

perform any ofits obligations under this
‘Agreement including, but not imited to, 6.2 REMEDIES.

the followmng:
‘Upon the City's determination that an event of

|. Failure to perform the Services default has ocourred, the City wil give notce of
with sufficient personnel and such occurrence to the Contractor in accordance
equipment or with sufficient —_with the terms and conditions ofthis Agreement
material to ensure the (‘Cure Notice"). ifthe Contractor fails to cure the
performance of the Servces due _event of default within 30 calendar days after the
to @ reason or crcumstances Cure Notice is given, or if the Contractor has
within Contractors reasonable failed, in the sole opinion of the City, to
contro mmmence and continue digent efor to care

Ih Fatireto pertorm the Services in carrot reasonably be cued win 30 alert
‘a manner satisfactory to the Cty, days after the Cure Notice is given, then the City

‘or inabiity to perform the Services _may, inthe sole discretion ofthe City, deciare the
satsfactorly as a result of | Contractorto be in default under this Agreement.
insolvency, fing forbankruptcyor The decision to declare the Contractor to be in
assignment for the benefit of  defaut is within the sole discretion of the Chief
creditors; Procurement Officer, the decision is final and
binding upon the Contractor, and neither that

Faire to promptly re-perform decision nor the factual basis fori is subject to

win @ reasonable tme Services review or challenge.
that were rejected as erroneous
or unsatisfactory; Ifthe Chief Procurement Officer determines that

the Contractors in default under this Agreement,
Iv. Discontinuanceofthe Serncesfor _wntten notification ofthis determination "Default

Teasons or Greumstances within Notice") will be provided to the Contractor, and
Contractors reasonable contro; _ the ‘Default Notice wil clude notice of the .
and decision of the Chief Procurement Officer to
terminate this Agreement, if that is his such
¥. Failure to comply with a matenal_ decision. Upon the City’s giving the Defauit
term. or condition of this Notice, the Contractor ‘wil discontinue any
‘Agreement including, but not services, unless otherwrse directed the notice,
Iimited to, "the provisions nd wil Sewer all materials accumulated inthe
concerning msurance and Performance of this Agreement, whether
ondsscrminabon completed or m the process, 10 the Cy
Following or at the same time as the Defauit
“Tut Fom To Be Ud Ont Fr Delage Agcy Agents Faced Waly Trough Te —
Noting an oe BreopmantsCanemndy Cony Beck rn Mgram Wow 0) farees TAISEN

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

‘A. Tho ight to take over and complete the
‘Services or any part of them as agent for
{and atthe cost ofthe Contractor, ether
rectly or through others. The Contractor
wil have in that event, the right to offset
from the cost the amount i would have
fost the City under the terms. and

B. The nght to terminate this Agreement as
to any or all of the Servces yet to be
performed effective ata tme specified by
the City;

E.—_The nght to withhold all or any part of the
Contractor's compensation; and

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

It the City considers it to be in the City’s best
interests, It may elect not to deciare default oF to
terminate the Agreement. The parties
acknowledge that this provision 1s solely for the
benefit ofthe City and that if the City permits the
Contractor to continue to provde the Services
despite one or more events of default, the
Contractor wil m no way be relieved of any of ts
responsibiites, duties or obligations under this
‘Agreement nor wil the City wawe or relinquish
any of ts nghts,

‘The remedies under the terms and conditions of

the Agreement are not intended fo be exclusive
(of any other remedies provided, but each and

Terms and Condivons - Page 15 of 23

‘every such remedy 1s cumulatve and is in
‘adgiton to any other remedies, exsting now or
later, at law, in equity or by statute. No delay or
omission to exercise any nght or power accrung
upon any event of defauit will impair any such
Tight or power nor wilt be construed as a waiver
of any event of defaut or acquiescence init, anc
every such nght and power may be exercised
{rom time to time and as often as the City deems
‘expedient.

83 RIGHTTO OFFSET
‘othe extent permitted by applicable law,

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

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

(i the City exercses 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
‘completed before the City termunated this
‘Agreement or before the City exercised
‘any remedies. If the amount offset is
Insufficent 10 cover those excess costs,
the Contractor 1s liable for and musi
promptly remit to the City the balance
‘Upon written demand for it. This nght to
Offset isin addition to and not a imitation
of ary oar reecies avaible 1 the

Roem ge to re onan sone sawn Fuad Wray Trg The Und Bes epaimat OF
"Nousnghna Uoan Deepens Conmonty Deveopmen Block Gren Program Yee 3X0) (Revised 10382)

UNTITLED-019
B. In connection with Section 2-92-380 of
the Municipal Code of Chicago and in
‘addition to any other nghts and remedies
(including any of set-off) avaliable to the
ity under this Agreement or permitted at
Jaw or mn equity, the City s entitled to set
‘off a porbon ofthe price or compensation
due under this Agreement m an amount
equal to the amount of the fines and
enaltes for each outstanding parking
‘wolaton complaint and/or the amount of
‘any debt owed by the Contractor to the
Cy, as those terms are defined in
‘Section 2-02-380.

Without breaching this Agreement, the
City may set off a porton of the pnce or
‘compensation due under ths Agreement
man amount equal o the amount of any
liguidated or uniquidated claims that the
City has aganst the Contractor unrelated
to this Agreement. When the City's
Claims against the Contractor are finaly
‘adjudicated ma court of competent
|unsdiction or otherwise resolved, the City
will reimburse the Contractor to the extent
of the amount the City has offset against
this Agreement inconsistently with the
determination or resolution.

84 SUSPENSION OF SERVICES

‘The City may, at any time, request that
Contractor suspend the Services, or any part of
them, by ging 15 calendar days pnor written
‘Rotce to the Contractor or upon no notice inthe
event of emergency. No costs incurred aftr

<ffectve date ofthe suspension will be allowed
The Contractor will promptly resume its
erformance of the Services under the same
terms and conditons upon written notice by the
Chief Procurement Officer and such equitable
extension of time as may be mutually agreed
‘upon by the Chief Procurement Officer and the
Contractor when necessary for continuation or
‘completion of the Services Any additonal costs

‘Terms and Conditions - Page 16 of 23

or expenses actualy Incured by Contractor as a
result of the Services will be
‘treated in accordance with this Agreement.

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

8.5 NO DAMAGES FOR DELAY

Neither Contractor nor Contractor's agents,
‘empioyees, and subcontractors are entiled 10
‘any damages from the City, nor is any party
entited to be reimbursed by the City, for
damages, charges or other losses or expenses

whether or not caused by the City. On Notice to
the City of a delay outside Contractor's control,
Contractor may request additonal time to
Complete its performance. The decision to grant
‘additional time is in the sole and absolute
‘discretion of the Chief Procurement Officer.

ARTICLE
GENERAL CONDITIONS

94 WARRANTIES AND
REPRESENTATIONS

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

‘A warrants that itis financially solvent; that
‘t and each of its employees, agents,
Subcontractors of any ter are competent
to perform the Services; that itis legally
‘authorized to execute and perform the

Services; and

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

‘Thi Form a Te'be used On For Detgute Agency Agreements Funded Wnoty Through The Untied States Department Of
"Nocsng ana roan Desopmants GormamtyOnvlcpnan lack Gra Program (Yeu ¥XD0iReveed 1/232)

UNTITLED-020
Contractor or has 2 financial intrest
rectly o indirectly inthis Agreement or
the compensation tobe paid, except a
may be permitted in wnting by the City's
Board of Ethics; that no payment, gratty
a offer of employment willbe made by or
‘on behalf of any subcontractors of any
‘er, 28 an inducement forthe award of 2
subcontract oF order, the Contactor
aommowledges that any. agreement
entered into, negobated or performed in
‘wiolation of any of the provisions of City of
Chicago's Ethics Ordinance, Municipal
Code § 2-156 at sea, is voldable bythe
City, in accordance with 41 U.S.C. § 22,
the ‘Contactor must not admit any
member of of delegate to the United
States Congress to any share or part of
the Serves or the Agreement, or any
benef denved therefrom: and

‘warrants that it will not knowingly use the
‘services of any ineligible subcontractor or
Contractor for any purpose in the
performance ofits Services; and

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

warrants that it has carefully examined
‘and analyzed the provisions and
requirements of this Agreement: that it
understands the nature of the Services
required: that from its own analysis ithas
satisfied itself as othe nature of allthings
needed for the performance of this
Agreement, the general and special
Conditions, and all other matiers which in
‘any way may affect this Agreement or its
performance, that the tne available to it

‘Terms and Conditions - Page 17 of 23,

for such examination, analysis, and
preparation was adequate; that it was
permitted access to any person or
information 1m connecton with its
preparation of the proposal; and

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

G. represents that it and, to the best ofits
knowledge, is subcontractors are not in
Violation of the provisions of Section 2-92-
320 of the Municipal Code, the ilies
‘Criminal Code, 720 ILCS 5/33E-1 et sea,
‘and the Ilinols Municipal Code, 65 1LCS
S1A2.1-1.

9.2 INSPECTOR GENERAL

It wil be the duty of any bidder, proposer, or
‘contractor, subcontractor, and every applicant for
Certification of eligibity for @ City contract or
program, and all officers, directors, agents,
partners, and employees of any such bidder,
‘proposer, contractor, or such applicant to
‘cooperate with the Inspector General in any
Jnvestigation or hearing undertaken pursuant to
‘Chapter 2-56 of the Municipal Code; that the
Contractor understands and will abide by all
prowsions of Chapter 2-56 of the Munscrpal Code
and that it will inform Subcontractors of this
rowsion and require their compliance.

9.3 WHOLE AGREEMENT-INTEGRATION

This Agreement, mciuding attached Exhibit A
through Exhibit E or_Exhubt F, dépending on
‘whether a constructon or rehabiitaton project is
invoNved, constitutes the entre agreement
between the partes, and no warranties,
representations, inducements, consideratons,

‘Th Form aT Be Used Ot For Dateate Agency Agresmanas Funded Waly Through The Und Sates Deparment Of
‘Dewsopmants Commun

oasng ana Urban

Bevelspment Blk Grant Progam (our X00 (Revses 102362)

UNTITLED-021
promises or other nferences will be implied that
are not expressly stated inthe Agreement. No
variation oramendmentof this Agreement and no
waiver ofits provisions are valid unless in writing
and signed by duly authorized officers of the
Contractor and the City. This Agreement
‘Supersedes ail other agreements between the
‘Contractor and the City.

8.4 MODIFICATIONS AND AMENDMENTS

No changes, amendments, modifications,
Ccancellabons or discharges of ts Agreement, or
any part of it are effective uniess in writing and
signed by the Contractor and the Cily, or their
respective successors and assigns.

8.5 COMPLIANCE WITH ALL LAWS

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

Performance of this Agreement.
9.6 COMPLIANCE WITH ACCESSIBILITY
Laws

Contractor will comply with ail accessiblty
standards for persons with disabilities or
‘envrronmentallyimited persons including, butnot
limited to: the Amencans with Disabibes Act of
1990, 42 US.C. § 12101 gt seq.; and the
Rehabiltaton Actof 1973, 29 U.S.C. §§ 793-764.
In the event the above cited standards are
inconsistent, the Contractor will comply withthe
standard prowding greater accessibility.

97 NO FEDERAL OR STATE
‘OBLIGATIONS TO THIRD PARTIES

‘The Contractor acknowiedges that, absent the
express wntten consent of the federal
{government and the State of ilinois, the State of
Tinoss and the federal goverment will not be
subject to any obligations or habiites to any

person not a party to the grant agreement
between the City and the State of Ilinors or
‘between the City and the federal government

9.9 INDEPENDENT CONTRACTOR
‘This Agreement 1s not intended to and will not

‘organization of any kind between the parbes, and
the nghts, and the obligations of the parties wit
be only those expressly set forth i this
‘Agreement. The Contractor wil perform under
this Agreement as an independent contractor to
the City and not a8 a representative, employee,
‘agent, or partner of the City.

9.10 INTERNATIONAL ANT-BOYCOTT

Contractor certifies that neither the Contractor
‘or any substantially owned affliate company of
the Contractoris participating or wil participate m
{an imtemational boycott, as defined by the
Brovisions of the U.S Export Administration Act
(f 1979 oF its enabiing regulations.

‘hs Form eT Be Uned Ory For Detgute Agency Agresmants Funded Whol Through The United Sates Department Of
‘evlopmants Commune

ocung ha rd

Development Block Grant Program (Yea XD) faves 402302

UNTITLED-022
9.11 JOINT AND SEVERAL LIABILITY

In the event that the Contractor, orits successors
cor assigns, is compnsed of more than one
person, then every abigation or undertaking to
be fufiled or performed by the Contractor willbe
the joint and several obligaton or undertaking of
teach such person.

9.12 PROOF OF BUSINESS FORM

Upon request from the City, the Contractor will
provide copies of its latest articles of
Incorporation, by-laws and resolutions, or
Partnership or jomt venture agreement, as
‘applicable, and evidence of its authority to do
business in the State of linois, ncluding without
linutabon, registrations of assumed names or
limuted partnerships and certficatons of good
standing with the Secretary of Stale of lino.

943 DISCLOSURE AFFIDAVIT &
DISCLOSURE OF RETAINED PARTIES

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

partnership orjmnt venture, to submit all required
affidavits to the City

9.14 CONFLICT OF INTEREST

|No member of the gaveming body ofthe City or
‘other units of govemment and no other officer,
employee, or agent of the City of other unit of
goverment who exercises any functions or
Fesponsibiites m connection with the Services
wil have any personal interest, direct, or ndirect,
in this Agreement No member of or delegate to

‘Terms and Conditions - Page 19 of 23

the Congress of the United States or the iinoss
General Assembly and no alderman of the City or
ity employee willbe admitted to any share or
part ofthis Agreement orto any financial benefit
to anse from it.

The Contractor covenants that tits officers,
directors and employees, and the officers,
‘rectors and employees of each of ts members
IF a joint venture, and its subcontractors,
presently have no interest and will acquire no
Interest, direct or indirect, which would confit in
‘any manner or degree withthe performance of
the Services. The Contractor further covenants
that no person having any such interest will be
‘employed. The Contractor acknowledges that if
the City determines that any of Contractors
‘services for others conflict wit the Services,
Contractor will terminate such other services
Jimmedhately upon request of the City.

{n addition to the confit of interest requirements
ln OMB Circular A-110 and 24 C.FR. 84, 10
person who is an employee, agent, Contractor,
officer, or elected or appointed offical of the City
‘and who exercises or has exercised any
functions or responsibilities with respect to
assisted actvites, or who 1s im a position to
paricipate in a decision making process or gan
Ingide information with regard to such activities,
‘may obtain a financial interest or benefit from the
‘actmty, oF have an interest in any contract,
subcontract, or agreement or their proceeds,
either for himself or herself or for those whom he
(or she has family or business ties, during his or
‘her tenure or for 1 year thereafter.

Furthermore the Contractor warrants and
represents thatitis and wil remain in compliance
‘wath federal restrictions on lobbying set forth in
‘Secton 319 ofthe Department ofthe interior and
Related Agencies Appropriations Act for Fiscal
year 1990, 31 U.S.C. § 1352, and related rules
‘and reguistions set forth at 84 Fed. Reg. 52,309
(1989), as amended.

‘ue Form eT Be uned Ory For Delegate Agency Agreements Funded Welly Though Th Une Saas Oeparenen Of
ouang ane Urtan Breopnents Communty Developmen lock Gran Program (Yer XD) Pred 2503)

UNTITLED-023
{In additon, if State of llinoss funds are used for
the Agreement, the Contractor must comply with
the conflict of interest prowsions contained in the
tthnois Procurement Code ( 30 ILCS 500/50-13)
and other provisions in the Ilinois Procurement
Code regarding parteipation m agreement
negotiation by @ State employee (30 LCS
'500/50-18).

9.15 COOPERATION WITH CITY

‘The Contractor wil cooperate fully with the City
and act in the City's best interests. If this
‘Agreement s terminated for any reason, or Hits
to expire on ts own terms and conditions, the
Contractor will make every effort to assure an
crderly transiton to another provider of the
Services, if any, orderly demobiizabon of its own
‘operations in connection with the Services,
‘uninterrupted prowsion of Services during any
transiton period and will comply with the
reasonable requests and requrements ofthe Cty
sn connection with the termination or expration of
this Agreement.

9.18 WAIVER

‘Nothing in this Agreement authonzes the waiver
of any requirement or conditon contrary to law or
ordinance oF which would resut in o promote the
Wiolation of any federal, state or local law oF
‘ordinance

Whenever the Cty, by 2 proper authonty, waives
the Contractor's performance in any respect or
wawes a requrement or conditon t ether te
City's orthe Contracts perfomance, the wawer
50 granted, whether exoress or mpie, wal only
‘apply fo the parscular instance and wil not be
Geemed a waiver forever or for subsequent
instances of the performance, requrement or
Condition No waver will be construed as a
‘modification of the Agreement regardless ofthe
number of times the Cty may have waived the
performance, requirement or condition

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

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

9.18 SEVERABILITY

any provision of the Agreement s heid to be or
1m facts ilegal, inoperative or unenforceable on
its face or as applied in any partcular case, 1n
any jurisdiction (or in all cases because it
‘conflicts with any other provsion of this
‘Agreement, or any constitution, statute, municipal
‘ordinance, rule of law or public policy, or for any
‘other reason), that circumstances wil not have
the effect of rendenng the provision in question
inoperative or unenforceable in any other case 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 oft.

9.49 INTERPRETATION

‘Any headings im this Agreement are_ for
convenience of reference only and donot define
‘oF limit its provisions. Words importing the
‘singular number include the plural number and
vice versa, unless the context otherwise
indicates. Alleferences to any exhibit, appendix
@* document include all supplements. and/or
amendments to any such exhibits, appendixes or
‘documents entered into in accordance with the
terms and conditions of this Agreement. All
references to any person or entity include any
person or entity succeeding tothe nghis, duves,
and obligations of the person or entty in
‘accordance withthe terms and condions ofthis
‘Agreement. In the event of any confit between
this Agreement and any exhibits to, the terms
‘and conditions of ths Agreement conto.

‘Tas Fem it To Be Ved Oty Fr Dategate Agency Agreements Funded Whol Through The United States Deparment Of
‘Hewsng sod Uren Development's Communty Devtopment Bley Grant Program (Yea 3X0) Revised 10303)

UNTITLED-024
9.20 NONASSIGNABILITY

Contractor will not assign all or any part ofits
work or responsibilities under this Agreement
without the prior written consent of the Chief
Procurement Oficer and the Commissioner; But
any such consent wil not releve Contactor of ts
‘bigatons under this Agreement. Any transfer
‘er assignment witout the prior wntten consent of
the Chief Procurement Officer constitutes. an
‘event of defauit under this Agreement and is void
25 to the City. “The City reserves the right to
‘assign in whole or in part, any funds, claims oF
interests, due or to become due, under ths
‘Agreement.

9.21 CONTRACTOR'S AUTHORITY

Execution of tis Agreement by the Contractors
authorized by @ resolution or ordinance of its
‘governing body. The signature of the individual
signing on behalf of the Contractor has been
‘made wth complete and full authority to commit
tthe Contractor to all the terms and conditions of
this Agreement. Evidence of signature authority
should be forwarded tothe City with the executed
Agreement.

ARTICLE 10
‘NOTICES

‘Alinotces and communications tobe provided by
the City and the Contractor pursuant to this
Agreement must be in writing and may be
‘delivered personally, by overnight couner or by
First Class certtied mail, retum rece
requested, with postage prepaid and addressed
as folows

If t0 the City:
‘The Department's Malling Address Noted
In This Agreement’s Preamble

and

Department of Procurement Services
(Cty Hall, Room 403

‘Terms and Conditions - Page 21 of 23,

121 North LaSalle Street

Contractor:
‘The Contractor's Mailing Address Noted
{In This Agreement's Preamble

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

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

B. the officers of the corporaton, including
resident, chairman, vice president,
‘Weasurer, secretary; and

©. the key staff of the agency and/or its
program sites, including executive
<rrector, ste director, fiscal drector, and

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

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

‘as Form Toe Used Ony For Deagate Agency Agreements Funded Whoty Through The Untied States Daparment Of
ocamng An Use Developments Gammon Development Blok Grant Program (Yeu 3200 (Revised $02302)

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

Ni
‘BUSINESS RELATIONSHIPS WITH ELECTED
‘OFFICIALS

Pursuant to Secton 2-156-030(b) of the
‘Municipal Code of the City of Chicago, itis illegal
for any elected ofeial ofthe Cy, oF any person
acting at the direction of such official, to contact,
‘either orally or in writing, any other City official or
fempayee wih respect to any mater mvolng
‘any person with whom the eleced offcal has 2
business relatonsho, or to partcpale in any
discussion in any City Council committee hearing
‘or in any City Council meeting or to vote on any
‘matter nvohang the person wih whom an elated
Offcal has @ business relabonship. Violation of
Section 2-156-030(0) by any elected official
with respectto this Agreement is grounds for
termination of this Agreement. The tom
business relationship is defined as set forth in
Secton 2-156-060 of the Muniepal Code of
Chicago

‘Section 2-156-080 defines a “business
relationship” as any contractual or other private
business dealing of an official, or tus or her
‘spouse, oF of any entity in which an offical or his
fr her Spouse has a financal interest, with a
person or entity which entitles an official 10
‘compensation or payment in the amount of
‘$2,500 or more in a calendar year, provded,
however, a financial interest shall not include. (1)
‘any ownership through purchase at fair market
value or mheritance of less than one percent of
the share of a corporation, or any corporate
‘subsidiary, parent or afiiate thereof, regardless
Of the value of or dividends on such shares, if
‘such shares sre registered on a secuntes
‘exchange pursuant to the Securities Exchange
‘Act of 1934, as amended; (i) the authonzed
‘compensation paid to an offal or employee for
his office or employment, (i) any economic
benefit provided equally to all residents of the

‘Terms and Conditions - Page 22 of 23

ity; (iw) a time or demand deposit in a financial
instiuton; or (v) an endowment or insurance
policy or annuity contract purchased from an
‘ingurance company. A ‘contractual or other
Private business dealing” shall not include any
employment relationship of an officals spouse
‘with an entity when such spouse has no
‘discretion concerning or input relating to the
‘elabonship between that entity and the City.

ARTICLE 12
LIVING WAGE ORDINANCE

‘Secton 2-82-610 of the Municipal Code requires
eligible contractors and their subcontractors to
pay a living wage (currently $7.60 per hour
minimum base wage) to covered employees
‘employed in the performance of this Agreement.
‘You are an eligible contractor if at any time
dung the performance of this Agreement you
have 25 or more fulktime employees. if you are,
cor become, eligible, you and your subcontractors
must pay at least the base wage to covered
employees. Covered employees are: security
‘guards (but oniy # you and your subcontractors
‘employ in the aggregate 25 or more of them),
land, 1m any number, parking attendants, day
laborers, home and health care workers,
‘cashiers, elevator operators, custodial workers
‘and clerical workers. Section 2-62-610 does not
apply to not-for-profit corporations with federal
'501(c)(3) tax exempt status. Also, if the work
being done under this Agreement is subject to
payment of prevailing wages, and the prevailing
wages are higher than the’ base wage, then
Drevaling wage rates apply and must be paid.

i
NOTICE OF CHANGE IN CIRCUMSTANCES

In event the Contractor, its parent or related
Corporate entity, becomes a party ta any
liugation, investigation or transackon that may
reasonably be considered to have a material
impact on the Contractor's ablity to perform

‘Tus Form To Be Used Only For DtapateAgancy Agreements Funded Wholy Through The Unie States Deparment Of
owing And Ursen Developments Commun Bevlopment Block Grant Program Yeu XB) (Reva 102382)

UNTITLED-026
under this Agreement, the Contractor must
immediately notiy the City in writing.

ARTICLE 14
ADDITIONAL AGREEMENT PROVISIONS:

‘Adeitonal prowsions of this Agreement are
fisted m Exhibit, and also m Exhibit E only it
construction and rehabiitaton activites are
‘involved, which are attached and incorporated
by reference. All provisions lised in Exhibit s A
‘and E have the same force and effect as they
hhad been liste in the body ofthis Agreement

[The remainder of ths page is intentionally left
blank)

Te Form eT Be Uaad Ont For Detgnte Agncy Agreements Funded Who

‘Terms and Conditions - Page 23 of 23

Trough Th United Staten Deparnect OF

Housing And rtan Bewopeants Commun Govelopnan lock Gren Program (Year 3X) Revie’ 102302,

UNTITLED-027
‘Ad1_ NATIONAL OBJECTIVE

‘The Contractor will perform the Services hereunder in @ manner that complies with a citenon for
‘atonal objectives desonbed in 24 C.F.R. § 570.208.

A-1.2. COMPLIANCE WITH CDBG REGULATIONS.

“The Contractor must comply with and certifies that is in compliance with, al the provisions and
teguations of the CDBG Program, and all related City of Chicago, Stale of linois and United States
‘ules, regulations and requirements, iniuding, but not limited to: the Housing and Community
Development Act of 1974, as amended (42 U.S.C. § 5301 et sea, and implementing regulations at 24
GFR Part 870); Tie Vi ofthe Chil Rights Act of 1964 (42 U.S.C. § 2000d et sea.) Civil Rights Act of
1901; Fair Housing Act (42 U.S.C. § 3601 et seq): Executive Order 11083, as amended by Executive
Order 12258; Age Discrmunation Act of 1975 (42 U.S.C. § 6101 at sea); Rehabiltation Act of 1973 (29
U.S.C. § 796 at seq); Davis-Bacon Act, as amended (40 U.S.C. §§ 276a - 2762-5); Contract Work
‘Hours and Safety Standards Act (40 U.S.C. §§ 327-33 as supplemented by 29 C.F.R. Part § and 2
CER. Part 1926); National Environmental Policy Act of 1969 (24 C.F.R. Part 58): Clean Alr Act (42
U.S.C. §7401 gt sea,); Federal Water Polluton Control Act “Clean Wator Act) (33 U.S.C. § 1251 et
‘809,); Executwe Order 11738, and U.S. Enwroomental Protection Agency regulations (40 C.F.R. Part
15); the Contractor must report all volaons and must require all subcontractors to report al volatons
ofthe Clean Arr Act andlor the Clean Water Act tothe City, HUD and the appropriate Regional Office
‘ofthe U.S. Enwronmental Protection Agency, Flood Disaster Protecton Act of 1973 (42 U.S.C. § 4108
152). Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
§§ 4601); Executive Order 11248, as amended by Executive Orders 12086 and 11375; Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4821 et sea,): Residental Lead-Based Paint Hazard
Reduction Act of 1982 (Pub. L. 101-880; 42 U.S.C. 4851 et seq.) and implementing regulations at 24
CFR. Part 35, Executive Order 12372: Copeland “Ant-Kickback" Act (18 U.S.C. § 874 and 40 U.S.C.
§§ 276(c) as supplemented by 29 C.F.R. Part 3); Federal Fair Labor Standards Act (29 U.S.C § 201 af
2a), the Uniform Adminstratve Requirements contained in 24 C.F.R. Parts 84 and 85, as amended:
Hatch Act 5 U.S C. §§ 1501-08 and 7324-26); Byrd “Ant-Lobbying” Amendment (31 U.S.C. § 1352);
‘mandatory standards and polices relating o energy effiaency which are contained the State of
thnors energy conservation plan issued in compliance with the Energy Polcy and Conservation Act
(Pub L. 94-163); Program Fraud Civi Remedies Act of 1986, as amended, 31 U.S.C. §380' et sea, (in
accordance therewith the Contracior certifies or affirms the trutfuness and accuracy of any
statement it has made. it makes, o it may make pertaining to this Agreement), and Debarment and
‘Suspension (24 G F.R' § 85.25 and Execute Orders 12549 and 12889). Additionally, the Contractor
‘must comply wth the applicable prowsions of OMB Circulars A-21, A-87, A-102, A-110, Av122 and Ax
133 as amended, succeeded or revised.

‘Ths Form To Be Used On For Deapnte Agency Agreements Funded Whoty Through The Unted States Deparment Of
ousng Ana Urban Deveopnans Communty Developm Bec Grant Program (Yer EXD) (Revised T2372)

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

4. 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. (tttp:/ww.hhs. govlocr paa/)

2. Contractor must use appropnate safeguards to prevent the use or disclosure of PHI other than as
provided for in ths Agreement.

3. Contractor must mitigate to the extent practicable any harmful effect that is known to Contractor
‘of a use or disclosure of PHI by Contractor in volaton ofthe requirements of this Agreement

4. Contactor must report any use or disclosure of the PHI not provided for by this Agreement tothe
ry.

5. Conivactormust ensure that any agent. ncluding a subcontractor, to whom t provides PHI recewved
from, or created of received by Contractor on behatf of the City agrees tothe same restrictions and
conditions thet apply through this Agreement to Contractor with respect to such information.
Ifthe Contractor has PHI in a Designated Record Set then Contractor must prowde access, atthe
request ofthe City, and in the time and manner designated by the City, to PHI in @ Designated
Record Set, to City or, as drected by ity, to an individual n 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 drects or agrees to pursuant to 45,
‘GFR 164.526 athe request of Cty or an Individual, and inthe tame and manner designated by City.

& Contactor must make intemal pracices, books and records relating tothe use and disclosure of
PHI received trom, or created or received by Contractor on behalf of, City avaliable to the City, oF
at the request of the City fo the Secretary, in a tme and manner designated by the Cay or the
‘Secretary, for purposes of the Secretary determmning City’s compliance withthe Privacy Rule.

8. Contractor must document the disclosure of PHI and information relating to such disclosures as
‘would be required for City to respond to a request by an Individual for an accounting of disclosures
‘of PHI in accordance with 45 CFR 164.528.

10. Contractor mustprovide to Cy or an individ in time and manner designated by Cty information
collected which reiates to the disciosure of PHI, to permit City to respond to a request by an
Indrual for an accounting of discosures of PHI n accordance with 45 CFR 164.528.

11. Contractor must eter retum all PHI tothe Cty or destroy it atthe City's option, upon termination
(or exprraton of this Agreement.

‘Te Form is To Be Used ny For Delgute Agency Agreements Funded WholyTaough The Une States Depromant Of
ouning And Urnen Developments Commenty Developmen lock Gre Program (eat XR) Revised 102300)

UNTITLED-029
“Tis Frm eT Ba Uand Oy For Detgute Agony Agreements Funds
oveing And Urben roiopments Commun Coveopmen Block Gra Progra (aut) evaed 82502).

i
i
|

UNTITLED-030
CITY oF cHicaco
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEAR XXIX-2003,
WORK PROGRAM AND BUDGET
Department._Department of Housing
Program:_Housing Resouree Centers _ Fax #:_(312) 747. 7897
Contact Name:_Patricia Connor __ Phone (312) 747-7854
Part I: Delegate Information

Parent Organzation Name:_Little Village Community Development Corporation —_
Parent Organszaton Address: 2786 South Harding Avenue
Parent Organization City, State, Zip: Chicago, Winais 60623
Delegate:__Little Village Commumsty Development Corporation __
Site Address:_2756 South Harding Avenue
City, State, Zip: Chicago, Minis 60623. a
Executive Director._Jesus G. Garcia ——___
Delegate Contact:__Adriana Lopez.
Phone #: (773) 542.9233 Fax (773) 542-9241
Office Hours: M- F 9.00 am. -$:00 pm Program Service Hours: M-F 9:00 am, 5:00pm.

Total Budget for this Project (including other share):__$ 37,847.00
(CDBG Year XXIX Allocation:_$ 27,000.00

Contract Penod: From January 1.2003 _To_December 31,2003
Federal Employer Identification Number_36 = 3727669

Yew 020012080 Delp Wor Progr 1

UNTITLED-031
Part II: Description of Project

{Inaclear and concise manner, provide a narrative summary of this CDBG funded projec: its scope,
problems addressed, and results anticipated. Please do not add additional pages.

SCOPE:

The Lite Village Community 1s made of densely populated neighborhoods with their own
particular needs. Most residents are recent immigrants that do not manage ther money effecvely
and lag behund other communities in Snancal literacy and education issues. Tis in turn leads to
limuted housing opportunities. In addition to this the Little Village Community suffers from
‘unscrupulous predatory lenders that prey on low-moderate income homeowners. Many homeowners
seeking to refinance or secure home improvement loans ar taken advantage of and often lose their

hhomes to foreclosure, tax sales and other means.

PROBLEMS ADDRESSED :

‘Toaddress these issues, the Little Village Community Development Corporation (LVCDC) Housing
[Resource Center will provide workshops on financial literacy, predatory lending, property tax
assistance, and tenant / landlord nghts. In addition, LVCDC wall provide one-on-one technical
assistance sessions to residents on issues related to tenanVlandlord rights, refinancing, home

improvement loans, and property tax assistance programs.

RESULTS ANTICIPATED :

‘The project will result in a higher pareipation rate of community residents with local banks and
regulated lending institutions, with less incidents of foreclosure caused by predatory ending, also
‘an merease n the number of those applying for property tax exemptions and appeals. In addition,

‘more homes /buildings wll be improved adding tothe beautification and stability ofthe community.

‘Yee 100% 2003 C090 Delete Wak Pope 2

UNTITLED-032
Part II: Monitoring and Evaluation Procedures

‘A. Describe the methods your agency will employ to evaluate the projects progress and record
project accomplishment.

‘The Latle Village Community Development Corporation has a management by objectives system

amplace. Staff report directly to the Executive Director on project's progress on.a weekly, monthly

and quarterly basis, The Executive Director evaluates all projects and staff progress then reports

results tothe Board of Directors.

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

At each month's Board of Director’s meeting financial statements are presented for review and
subsequent approval. All checks require two (2) signatures. Three (3) mndividuals are authorized
to sign checks: President and Treasurer ofthe Board of Directors and the Executive Director. An
assigned staff member is responsible for processing bill payments and is authorized to prepare
‘checks for payments that fall within agency's approved budget. Specific program expenditures
are monitored, controlled and recorded by assigned staff in conjunction with the Executive

Director and under the supervision of the Board of Directors.

‘Yer XX 2003 C086 Deere Wek Popa 3

UNTITLED-033,
Part IV: Auditing Requirements

Is your agency (check onty one)? x not-for-profit 1 education institution
O govemmental agency —— for-profit

‘A. Whatis your agency's fiscal year? January I" - December 31"

B. When do you intend to conduct an audit of this contract? Spring 2004

C. Below please list all contracts and grants that your agency anticipates recerving during
the 2003 fiscal year. Identify ifthe source is Federal or Other and the amount.

Funding Source
Contracts/Grants Federal = Other ‘Total Amount Requested

Chicago Communty Trust x '$ 60,000

Field Foundation x 15,000

‘Wood Foundation x 15,000

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

‘Department Program ‘CDBG Amount Requested ‘
Dept. of Planning Local Industnal Retention Initiative $63,000, os

‘Yew 10K 2003 COBG Deeg Wek ogae 4

UNTITLED-034
Form 4

Meaty rental that may benefit fom
this progeam (Tt 3 uals)

—
Pee reatontiy

workshops for landlords ad tenant
Eee Tnaitenance of property and

‘Housing Fs to provide comsmunty wath
‘nfoemton on vant of ousng es

2003 Planned Out

Quarter & Year
"Tal Liat of Pryeted quanta
ripe verte

‘us for each program

wseq | and | setae | at ar

ikea vers) C080 Dap Wo Pop

W of budings denied
of rental unis
#ofownersandlords contacted

Hof yrs dxtnbued

1 of workshops presented
1 of persons attending
Hot follow-ups

W ofhousng fas

Hof persons tending
Hof fllow-ope

of landlord / owners given TA
1 of owners fered financial esource
1 of renters gven techcal assistance

4 ofhomes umproved

of rental uns amproved

1 of howchold benefited

UNTITLED-035
CDBG National Objective/Bligibility

Proyect Name ‘Housing Resource Center
Eligible CDBG Activity __$70201 (@) Public Sermiee
[ational Obyect

‘Peg guafng Natonal Obecves “Actes Lom and Moderate Income Persons”. Please check
the appropnate underlined cnterion iste befow.. Also, any additional mstructons n parenthesis.

[e] Area Benefit(LMA) (hill outall of Form 6 ~ must be 51% or higher)
[ ] Limited Clientele (LMC)* (Check the appropriate box below)

1s mited to one or more of the HUD
1 Samco imted w ono moro i followang pros presumed by HUD © be

PEO Rp

—  Semor Catizens — Homeless Persons
— Persons with Disabibtes ____Ilterate Persons
— Batered Spouses Migrant Workers
Abused Caren Persons Living with AIDS
uo Records ar ep wich contain the housed se and toa houshold come of
‘Sens proving tat 3156 are lows moder.
a mow as determined that th ature ad ocaon of the acy wil
the mnt of cents wl ew and

beer
Be Ghote tg ese ease Us
Sons checked: of FORM 6 mat be complsted). ene 8

Department Approval, ‘S6Low/Mod
ont (has be 1054 oF RET,

(1) LéMHousing (LMEn*

(1 WMiobscamine

‘Note. All programs winch drectly benefit a person/houschold must compile the following mformation dung the upcoming

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

Moderate Income ‘Amencan Indian or Alaskan Native ‘

Low Income Hispame le

‘White ~ Not Hispanic ‘Asian or Pacific Islander

Black ~ Not Hispanic Female-Head of Household 1:
‘Yee 110200} CONG Dept Week Pron 9

UNTITLED-036
Form6
Service Area Information

A. Delegate_Litle Village Commumty Development Corporation —___
B. Department Program___Housing Resource Center

. Prvet Name Ville House Resor Cait
D_ Name and address of facility providmg the services

Lt via Comma Delon Cones 2135s Mog Aves
ene of be Fai Se ores

In what Ward, Community Area, and Census Tracts the facility providing the servces located?
we, (ConmanyAvet_Souh Lawn) cont Tct_2002

E. Indicate Program Sermce Area:
1D Thusprosect will provide services eltywide to all eligible marviduals
X Ths project wll prmarily serve the following Ward(s), Community area(s), and Census tract(s):

wade) 2.2228 comment Ars) _20
conus Ts) 301-300,

‘What ae the approximate boundanes ofthe area from which your clients are dawn (specify by street name)?
Nort Onion ven Seuth_Sevsnon Fxpeseny

st_ene Aneue Ween Avene

F. Low/Moderate Income Area Census Information
[Note Complte he chart below ony sf your aay qualified under he Area Benefit Nanonal Objective rth Cy Depareent tthe Otice
‘Budge and Management have dete ht he mature ad loaton of the acy wl ensue that he aor of Your eats wil be lw and
‘moderate ome scerdance with HUD eens (Fam 5)

4 Overall % Low/Mod_ (Total of column 2~ Total of column 3): =

‘Year 390% 2003 C096 Dent Wat Popa 10

UNTITLED-037
F. Low/Moderate Income Area Census Information (Continued) __ Page 2 of 2

[Note Complete the cart below ony if your sti qualified der he Aen Benet Naposl Objecve othe Cy Deparment and he Office
fudge and Manager’ hve deters th th mate and loraten of ea wil ensure that he mart of your cent wil below and
‘oer nore sorte wih HUD cena Fer

=

4 Overall %Low/Mod (Total of column 2~Total of column 3): _73_%

‘Year 2003 COG Deepa Wek Popa n

UNTITLED-038
‘Survey of Monitoring and Evaluation Procedures
(To be completed by City Department)
‘A. Department___Department of Housing

B. Department Program__Community Programs
_C. Staff in charge of monitoring__Lorita Ross and Lymn Stewart

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

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

1 Describe the methods thatthe department wll employ to monitor and evaluate Its subrecipieats' programs to ensure thelr
progress and accomplishments, including the frequency of such monitoring.

“The Department conduct contacting sessions with eck CDBG sub-recpiat (any) pio othe execution ofthe contract. The agency
fui the contacting session checklist documents inching bat not limited tothe ageacy's charter, evidence of $01-c3 status, evidence
‘of insurance coverage td caren x forms. Technical assistance is provided year round. Output measurable to document the
Sccomplishens of nabonal objectives amt be clearly identified and willbe closely monitored by te program staff to ensue services ae
‘Provided ote low-income comunity residents, Fiscal monitoring sue vats chide the review of program cheat and service files and
‘Reords, vefieanon of monthly and quarterly program accomplishment data, personnel management and marketng efforts.

2) Describe how the department will mostor subreciplent expenditures.

Program managers are responsible for performing the inital review ofthe submnted voucher. Fiscal monitoring staf, during ste vii,
‘review additonal support document, Le, ongmal canceled checks, and pad invoices to ensure that requests for reimbursements submatied
to the City were proper and consistent wi te level of services provided. Cash receps and disbursement journals along with the general
ledger wll be reviewed.

3) Specty the particular records the subrecipent must maintain andor submit.

“The subrecpien mt maintam at minimum the following :
<a Seperate set of accounting records, .e, cash recent and cath disbursements journals ora general jour that can tex be reviewed —
‘aga the general ledger for CDBG dollars. 7
‘Document supporang all requests for payment

Tax fle.

4. Attendtace sheets and agenda supportng community meetings.

‘e- Handonts distributed at communty meetings.

£ Clientstelephone logs.

«Files contin all subtantabon fr monthly and quarely repos.

2 Chentprojet files.

UNTITLED-039
‘Ts Form To Be Used Only Fot Delage Agency Agreements Funded Waly Trough The Unig Sates Deparonect Of
Nocing Ana Ursan Developments Cammunsty Development Block Gran Program (Yeu XD) (evi 102302,

UNTITLED-040
Form 1

Budget Summary
‘A. Delegate Late Village Community Develonmest Corp __-F, Year XXIX-2003 Allocauon $27,000 00
B. Dept Progam flousng Resource Center __G, Vendor Code #_ossiso_
 Proyct Name Lite Vilare Hours Resource Center ©, Semnce Contact #__f
D. Deparment Deparment of Housa 1. FundtDep Organization #03-0067.0212530.0135
Contract Term From_oVO/2003 To 12/2003
4. Project Budget Summary for Year XIX - 2003
Note:_The enti budget for this project must be shown.

Toten otbperanse Yc account # [ 0) COG She ()[ over Share) | 8) Tool om
Personnel (2005 22,392,00
aw eae Pan SS
Frnge Gonette 04s

Professional and 0140
“Technical Services

Matenals and Supplies | 0300) 453 0 W700 mon -00

Equipment

‘Giher (please spect)
TOTALS GS 7 BO Be

K. Percentage of total projet costs pad
by Other Shae colums4~ column §) _.27

Yor 900% 2103 C000 Deep Wor Pope

UNTITLED-041
A. Delegate Late Vilage Community Development Corporation
B. Deparment Program Housing Resource Center

Personnel Budget

co70 Se)

Testo)

Form?

C.Proect Name _Litle Village Housing Resource Center
D. Federal Employer Idenficanon #_36:3727669

E, Persomel Budget Allocation for Year XXIX- 2003,

of Responses

°

o

‘Responsible forthe day-to-day operations of te Housing
‘Resource Center

Promdes the det supervision of he Project Coordinator

(0 Scale Ta

1b Netewe

$2005 OS 3 61 TE

0) Ste Vomploment anon

(Sate Wate Compensation

(2) ter pee Heth, Drala fare

9 me ee

(0 Tol Pog Bere es 919)

UNTITLED-042

Ferm3

Non-Personnel Budget

‘A. Deegate_Latle Village Community Development Comoran

ee Eapendre

Deparment Program Housing Resource Canter

. Project Name_Ltle Voge Housing Resource Center

. Non-Personel Allon fr Year XXIX - 2003

retoy

Tot ons)

Line em Dongen nd fea
(een pes Cat en CDBG Se)

©

Open Techs!

Maer nd apes

ovemee

o

o

Accounting, legal, ental of equipmentervices, postage, reproduction,
‘utltes, telephone, msurance, lea ansporation (raved), henge and
permits

Consultspofesional development

‘Stanonery and office supplies, matenals and supphes.

tice machines, equpment and commumcation devices.

UNTITLED-043

EXHIBITE
INSURANCE REQUIREMENTS & INSURANCE CERTIFICATE

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

D i ‘abil
‘Workers Compensation as prescribed by applicable law covering all employees who are to provideaservice
under this Agreement and Employers Liability coverage with limits of not less than $100,000 each accident
oriliness.

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.
« primary, non-contributory basis for any ibility arising directly or indirectly from the work or Services.

9 dis Lishitty (Pr
When any motor vehicles (owned, non-owned and hired) are used in connection with work or Services to
bbe performed, Contractor must provide Automobile Lisbility Insurance with limits of not less than $300,000
per occurrence for bodily mjury and property damage.

4) Professional Liability -
‘When any professional consultants perform work or Services in connection with this Agreement,
Professional Liability Insurance covering erors, omissions or negligent acs, must be maintained
‘with limuts of not less than $500,000 Coverage must include contractual liability. When policies
ae 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.

5S) Modical/Professional Liability

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

[hs Form le To Be Used Oy For Delgute Agony Asreemants Funded Way Through The Untied States Daparment Of
ousing And Urban Developments Commanty Deveopman lock Gran Program (Yea XD) vised 1028)

UNTITLED-044
date must coincide with, or precede, stat of work or Services on this Agreement. A claims made policy
which is not reewed or replaced must have an extended reporting period of 2 years.

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

B, Related Requirements

[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 tha the insurance requirements in this Agreement
hhave been fully met or thatthe insurance policies indicated on the certificate are in compliance with all
Agreement requirements. The failure ofthe City to obtain certificates or other insurance evidence from
Contractor is not a waiver by the City of any requirements for Contractor to obtain and maintain the
specified coverages. Contractor must advise all insurers ofthe Agreement provisions regarding insurance.
‘Non-conforming insurance does not relieve Contractor of its obligation to provide insurance as specified
‘here. Nonfulfillment of the insurance conditions may constitute a violation ofthis Agreement, andthe City
retains the right to stop work or Services or terminate this Agreement until proper evidence of insurance is
provided.

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

{All deducubles or self insured retentions on referenced insurance coverages must be bome by Contractor.
Contractor agrees that insurers waive thei rights of subrogation agains the City of Chicago, ts employees,
elected officials, agents or representatives

‘The coverages and limits furnished by Contractor inno way kim Contracto'iabilities and responsibilities
specified within this Agreement or by law.

‘Any insurance or self insurance programs maintamed by the City of Chicago do not contribute with
insurance provided by Contractor unde 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 indemnsty in this Agreement given as a matter
of law.

“Ta Form it To Be Used Ony Fr DieuteAgancy Agreements Funded Whoty Through The United Sites Deparment Of
cing hoa Urtan Development's Conmunty Benepe Block Grant Program (Year XO) Revised 12362)

UNTITLED-045,
sassy rans 1

PACORD. CERTIFICATE OF LIABILITY INSURANCE oyna

bara Papen eal
Select Accouits rf ne AME,
ssa peo ae
Crea eh Pa
Seat on ne reno commas ice
= a a ar

ry orc =:

saniting ea

Saget tio

[Jrovorl 1138: [Ise
| [aaowoni cas iPPsaociseve or7ovoa— |O%709/06 | oyaagnewaceuies

rare
[x-fuovconeo sion

sipo0a00|
109000
19000

Penna a5 ns [6.900099
2.000000
2000000
"900000

fears ae]

iPpsoacisere

Fc

arose oio1708

TI
saniaue 500,90,

HT apnemscourorron

YwesoeraeseoT

rjaryes —[ovov°

|_TSSeTaeT

Ei eeinccoer —_[s00po0

scamoentesnaa™ 5 pss eerHet00000
SET ane ec osesta.cr wwf 80000

Ceres Rode 9 acksbone mscred an er eierest ey appew

mower arm
ciyetcheage,Sonpraies miner mesreesncermseurnewusn, were
ts atte unas Loner mrntcornearseautswmeior actunemensom
erniane ateocrantrenavumramene cone wnuno ten en
Cheng suns
Fae oP
TORI ae oT SRT

UNTITLED-046