data/data_text/00000T49.pdf.txt

Contract Summary Sheet
Contract (PO) Number: 1203

Specification Number: 4704
Name of Contractor: KUUMBA LYNX

City Department: DEPARTMENT OF CULTURAL AFFAIRS
‘Title of Contract: 023-CORPORATE-CULTURAL OUTREACH

‘Term of Contract: Start Date: 1/1/03

End Date: 12/31/03,

Dollar Amount of Contract (or maximum compensation ifa Term Agreement) (DUR):

$20,964.00

Brief Description of Work: 023-CORPORATE-CULTURAL OUTREACH

Procurement Services Contact Person: LISA BUTTS

UNTITLED
SCAN COP!

Purchase Ordert: _1203
‘Supplier'Vendor Cadet, z
‘Maximum Compensation” $20,960

DELEGATE AGENCY AGREEMENT
BETWEEN
‘THE CITY OF CHICAGO
(Department of Cultural Affaire) / (Mayors Office of )

‘and

Kyunba Lynx

(CONTRACTOR)
CDBG Program
C.F.D.A. Number - 14218

From__01/01/03_ To _12/31/03 .

UNTITLED-002
‘This Agreement is entered into as of the 1st day of_Janvary, 2003_, by and between
Kuuaba Lyox ‘corporation ("Contractor"), whose mailing address is:
4702 N. Beacon Chicanos TL 60640 ‘and the CITY OF CHICAGO ("City"),

‘a municipal corporation and:home rule unit of iocal government existing under the Constitution of the State
Of llinois, acting through ts DEPARTMENT OF Cultural Affaire (‘Department’), whose mailing
‘Address is: 78 E. Washington Street, 4th Floor at Chicago, linois.

‘The City has received Community Development Block Grant (COBG*) funds pursuant to the
Housing and Communty Development Act of 1974. CDBG funds are to be used forthe development of
viable urban communies, by providing decent housing, @ suitable ling envionment and expanding
economic opportunities, principally for persons of low and moderate income.

‘The City Council of Chicago has appropriated CDBG funds to be used for Cultural Outreach
2rogras____ [program name] and the City desires to enter into this Agreement withthe Contractor to
provide services under this program.

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

This Agreement wil take effect as of __January OL 2003 and continue through __
Decenber_31_, 2003 ("Term"), or untl the Services are completed or until this Agreement is terminated,
Whichever occurs first.

‘Any payments under this Agreement wil be made from Fund Number_0§7~23-2515-0135-2515

‘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 $_20,964.00 (the "Maximum Compensation"),

Now, Therefore, the parties agree as follows:

‘Rus Form a Toe Utd On For Detgat Agany Agreements Funded Whol Trough The Unita States Department Of
Notsing And Uren Developments Commumty Draopment Back Gran Program Yeu" XXB9 (Revieed 1/2383.

UNTITLED-003
‘TERMS AND CONDITIONS

1"
INCORPORATION QF. BACKGROUND
INFORMATION

‘The Background Information is incorporated by
reference.

ARTICLE 2
‘TERM AND FUNDING

24 CONTRACT PERIOD

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

2.2 PROGRAM FUNDING

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

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

23° EXTENSION OPTION

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

‘hi Fam it To Be Used On For Dsteguta Agency Agena
comment

otning An Urben Govesopnant

‘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
time, upon written notice to the Contractor. Ifthe
Agreement is terminated by the City, the
Contractor will deliver to the City all fnished 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 wall
be based upon a proration of the work actually
performed by the Contractor to the date of
termination, as determined by the Chief
Procurement Officer. Payment made by the City.
pursuant to such proration, will be in full
Settiement for all Services ‘endered by the
Contractor.

2.5 CONTRACTOR CONTRIBUTIONS.

‘The Contractor will contribute to the payment of
expansesincuedin performing he Senden, he
‘amounts, if any, described in

Convact's coviebuon vil be cash kn.

2.6 _NON-APPROPRIATION

Ino funds or insufficient funds are appropriated
‘and budgeted in any City fiscal period for
‘payments to be made under this Agreement, the
City will notify Contractor in. writing of such
occurrence and this Agreement wil terminate on
the earlier of the last day of the fiscal period for
which sufficient appropriation was made or
whenever the funds appropriated for payment
under this Agreement are exhausted. No
payments will be made or due to the Contractor
Under this Agreement beyond those amounts
‘appropriated and budgeted by the City to fund
payments under this Agreement.

UNTITLED-004
ARTICLE 3
DUTIES OF THE CONTRACTOR:
3.4 SCOPE OF SERVICES
(WORK PROGRAM)
‘The Contractor wil carry out the Services
pursuant fo the Scope of Services (Work

Program), attached as ExhibilB and
‘incorporated by reference, and the Budget
Summary, attached as Exhibit C and
incorporated by reference, in accordance with
the requirements ofthis Agreement. The
‘Scope of Services (Work Program) is intended
to be general in nature and is neither a
complete description of the Contractor
Services nor a limitation on the Services which
the Contractor wil provide.

3.2 STANDARD OF PERFORMANCE

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

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

‘Terms and Conéitions - Page 2 of 23,
3.3 CONTRACTOR'S PERSONNEL

1 assignment of personnel is required for the
proper completion of the Services or is
ctherwise required by tis Agreement, then the
Contractor wil assign immediately and maintain
forthe duration of the Services, a staf of
‘competent personnel that is fully licenced,
‘equipped, competent and quaified to perform
the Services, The Contractor wil retain and
make avaiable tothe Cy, stale and federal
‘agencies governing funds provided under tis
‘Agreement, prot of certification or expertise
including, but not limited to, ieonces, resumes
‘2nd 08 Sesenpions

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

‘A. Ifthe Contractor's Scope of Services
(Work Program) is solely ited to
‘Social services (including, but not limited
to, job training and placement,
‘education, child day care, emergency
‘shelter, home-detivery meals and health
care), the Contractor need not comply
with the Minority-Owned and Women
‘Owned Business Enterprise
Procurement Program (the "MBE/WBE
Ordinance"). Municipal Code ofthe City
(of Chicago (the “Municipal Code")
Section 2-02-420 at s00..

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

[Dis Form eT Be Usd Ony For Detagate Agancy Areas Funded The Uta Stata oF
ety Trough Deparment

‘tuing And Urben Deveopmest

Block Grant Program (eet XK) (Reva 02302),

UNTITLED-005,
3.5 NON-DISCRIMINATION

Federal Requirements
In performing he series under his
‘Agreament and ints employment
practices the Contractor must not

L fallorrefuse to hire or discharge = B.
‘any individual, or otherwise
<iscriminate against any
individual with respect to his or
her compensation, or the terms,
‘conditions, or privieges of his or
her employment, because of
‘such individuals race, color,
religion. sex. age, handicap or
rational origin; oF

limit, segregate, or cassify its
employees or applicants for
‘employment in any way that

‘would deprive or tend to deprive c.
‘any individual of employment
‘opportunities or otherwise
‘adversely affect the indiviua's

‘status as an employee, because

Of that indWvidua's race, color,
religion, sex, age, handicap or

‘national origin.

In discharging the
responsibiliies required by the
terms and conditions of this
‘Agreement, the Contractor wil
Comply with the Civil Rights Act
of 1964, 42 U.S.C. § 2000 at b.
'309.; Executive Order No.
11246, as amended by
Executive Order No. 11375 and
by Executive Order No. 12086;
the Age Discrimination Act of
1975, 42 U.S.C. §§ 6101-6106;
Title IX ofthe Education
‘Amendments of 1972, as

. ‘amended (20 U.S.C. 1681-83
‘and 1685-86); the Rehabiltation
Act of 1973, 29 U.S.C. §§ 783-

‘Terms and Conditions - Page 3 of 23

794; the Americans with
Disabilities Act, 42 U.S.C. §
42101 atseq.; 41 CFR. part 60;
‘and all other applicable federal
statutes, regulations and other
laws.

‘State Requirements

In performing the services under this
‘Agreement, the Contractor wll comply
with the linois Human Rights Act, 775
ILGS 5/1-101 et.saa., the Public Works
‘Employment Discrimination Act, 775
ILCS 1010.01 et sea, and any rules and
regulations promulgated thereunder,
including, but not limited to, the Equal
Employment Opportunity Clause, 44 I
‘Admin. Code § 750 Appendix A, and ab
‘other applicable state statutes,
regulations and other laws.

ity Requirements:

In performing the services under this
‘Agreement, the Contractor will comply
with the Chicago Human Rights
‘Ordinance, Municipal Code § 2-160-
(010, and ail other applicable Cty
‘ordinances and rules. Further, the
Contractor must furnish, and cause
every subcontractor to furnish, such
reports and information as may be
requested from time to time by the
(Chicago Commission on Human
Relations.

‘Subcontractors Reguired to Comply
‘The Contractor will incorporate all of the
provisions set forth in this Section in all
‘subcontracts entered into with all
suppliers of materials, furishers of
services, subcontractors of any ter, and
labor organizations which furnish sklled,
Lunskiled and craft union skilled labor, or
which may provide any materials, labor
‘oF services in connection with this
‘Agreement.

‘hls Frm ia Toe Used Onty For Dengue Agony Agrenmants Funded Wnty Through The Une State Dapartment Of
‘oing And Urban Developments Commemnty Development Bac Gra Program Yer XB) (Revie 17282,

UNTITLED-006
The Contractor must cause its
subcontractors o execute such
Certificates as may be necessary in
furtherance of these provisions. Such
certifications wil be attached and
incorporated by reference in the
‘applicable subcontracts. If any
subcontractor is a partnership or joint
venture, the Contractor will aiso include
provisions inits subcontract insuring
that the entities comprising such
Partnership or joint venture wil be jointy
‘and severally lable forthe partnership's
Cr joint venture's obligations under the
subcontract,

3.6 INSURANCE

Contractor must provide and maintain or
cause to be provided during the term of

this Agreement the insurance coverages

and requirements speciied in ExnbitE, a,
insuring al operations related to tis

‘Agreement. Contractor must submit

Cortifcates of Insurance of the required
‘coverage's prtor to this Agreement

being fully executed to:

City of Chicago
‘Comptroller's Office

Federal Funds Insurance Unit
33 North LaSalle Street

3.7 INDEMNIFICATION

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

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

‘Terms and Conditions - Page 4 of 23

any intingament oF violation of
‘any property right (including any
patent, trademark or copyright);

Ul, failure to pay or pertorm or
cause to be paid or performed

Wy, the Citys exercise of its rights
‘and remedies under this
‘Agreement; and

¥. injuries to or death of any

Payments

‘expenses (such as, but not limited to,
court costs and reasonable attorneys!
fees and disbursements), claims,
demands, actions, suits, proceedings,
judgments or settlements, any or all of
‘which in any way arise out of or relate to
the acts or omissions of Contractor, its
‘employees, agents and Subcontractors.

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

‘Rus Form a To Be Une Ony For Detngat Agony Agreemats Funded Wnty Through The Une Sate Dopartmant OF
ovaing And Ute Developments Communty Development Back Gran Program Yeu 3XB) (Revd 172302,

UNTITLED-007
To the extent permissibe by law
CConiractor waves any mits to the
amount ofits obligations to indemnity,
<efend or contribute to any sums due
under any Losses, including any ciim
by any employee-of Contactor that may
be subject to the Workers
Compensation Act, 820 ILCS 305/1 et
$280, oF any oer aw or judical decision
(uch as, Koteckl v. Cyclops Welding
orporation, 146 It 2d 185 (1991)
The Cy, however, does not waive any
limitations it may have on its ablty
under the lines Workers
Compensation Act. the llinois Pension
Code of any ther statute. Contractor's
waiver under this provision, however, s
‘ot intended and does not require
Contractor to indemnity the Cty forthe
Giy’s own negigence in volation ofthe
Construction Contract Indemnification
for Negligence Act (“Anthindemnity
Act), 740 ILCS 35/0.0% at sea, ifthe
‘Antvindemnity Act apples.

‘The indemnities contained in this
section survive expiration or termination
ofthis Agreement for matters occuring
OF arising during the term of this
‘Agreement or as the result of or during
the Contractor’ performance of
‘Services beyond the term. Contractor
‘acknowledges thal the requirements set
forth inthis section to indemnify, keep
and save harmiess and defend the City
‘are apart from and not imited by the
Contractor's duties under this
Agreement, including the insurance
requirements under Section 3.6. In the
‘event that a court or other governmental
‘authority having competent jurisdiction
determines any portion or provision of

+ Indemnity Act, the inoperative or

unenforceable portion or provision will
be deemed severed and deleted, and

‘Terms and Conditions - Page 5 of 23,

the remaining provisions will remain
‘enforceable to the maximum extent
permitted by applicable aw,

3.8 NON-EXPENDABLE PERSONAL
PROPERTY

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

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

‘All Non-expendable Personal Property willbe
the property of the City tothe extent that such
‘roperty isnot the property ofthe federal
government or the State of inois

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

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

3.9 SUBCONTRACTS
‘All subcontracts and all approvals of

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

{hs Form Yo Be Ute Only For Onaga Agncy Agreements Funded Welly Through Tha Une Stats Dapartman Of
‘eunng An Urban Gwveopman's Comma Development Block Gant Program (eer 008 (Reviaed 102302).

UNTITLED-008
by the subcontractor in accordance with the
terms and conditions ofthis Agreement. The
‘approval of subcontractors will under no
‘circumstances operate to relieve the Contractor
Of any of its obligations or lables under this
‘Agreement. 7

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

3.10 PROGRAM INCOME.

‘The Contractor will return tothe City all gross
income received by the Contractor that is
directly generated by the use of funds received
from the City (‘Program Income’), in any form
‘or manner the City requires. Program Income
Includes the following

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

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

C. _gr08s income from the use or rental of
‘eal or personal property acquired by
the Contractor with City funds, less the

* cost incidental to the generation of such
income;

an

‘Terms and Conditions - Page 6 of 23,

{9108s income from the use or rental of
real property owned by the Contractor
that was constructed or improved with
Cty funds, less the costs incidental to
‘the generation of such income;

‘proceeds from the sale of obligations
‘Secured by loans made with City funds;

Interest eamed on funds held in a
‘evolving fund account;

interest eamed on Program income
pending disposition of such income; and

recover all or part ofthe City’s portion of
‘public improvernent.

RELIGIOUS ACTIVITIES
Definitions:

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

“Religiously Affiated Organization”
‘means an entity with a secular purpose,
hich is afiiated with a Pervasively
‘Sectarian Organization or whose
members are motivated by a religious
purpose.

“Line-ttem-Services nf means
‘an Agreement for the provision of items
«meals, vaccinations, etc.) oF
‘Services (e.g., homeless services, job
training, child care, medical care, et),
Which sets forth each particular type of

‘hls Form a Toe Used Ont For Dean Agency Areas Funded Wally Through Th Une Sats Doprtman OF
‘owing And Urban Onvlopmants Community Developmen Bock Gran Program Yeu XD) (Revied 102302,

UNTITLED-009
‘expenditure for which Contract amounts
‘are to be spent, and which is based on
the number of persons to be served.

‘The Contractor warrants that in
providing the Services:

1. itwill not discriminate against
‘any employee or applicant for
smployment on the basis of
‘eigion and will not mit
‘employment or give preference
to persons on the basis of
roigion, unless otherwise
expressly allowed by law,

ii, _itwill not discriminate against
any person applying forthe
Services on the basis ofreigion
‘and will not limit the Services or
give preference to persons on
the basis of religion;

i, itll not provide religious
instruction, conduct religious
Worship or services, or engage in
religious proselytizing, nor,

expressly

unless otherwise
allowed by law, wil it provide
religious counseling or exert
‘other religious influence in the
provision of the Services.

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

It the Contractor is a Pervasively
‘Sectarian Organization, then Contractor
warrants that twill not Use any funds
received under this Agreement for any
general purposes of the Contractor, and

* that itwill return tothe City any such
funds not spent by iton the Services,
Promptly upon completion of the

‘Terms and Consitions - Page 7 of 23

Services or termination ofthis
‘Agreement in accordance with its terms,
whichever occurs earier.

E. Ifthe Contractor is a Religiously
‘Afiated Organization and it receives
funds under this Agreement for
construction, rehabilitation or facility

premises are ever used for any religious
[purposes by the Contractor, ts
‘Successors or assigns, the Contractor
wil reimburse the City for the present
value of the Improvements, up to the
amount of funds provided by the City for
the improvements.

F. The Contractor's breach of any ofthe
warrantes described inthis Section
LLL in adaton o any other remedies
avaliable at aw, in equity or under this
‘Agreement, etites the Cty to void this
‘Agreement and recapture all funds
{vento the Contractor under this
Agreement

3.42 DRUG-FREE WORKPLACE

‘The Contractor must administer a policy
designed to ensure that the program facility is
free from the ilegal use, possession, or
<istribution of drugs or alcohol by its
beneficiaries. The Contractor must further
maintain a drug free workplace in accordance
with the requirements of the Drug Free
Workplace Act of 1988 (Pub. L. 100-690 and
24 C-F.R. Part 24, Subpart F), and the illinois
Drug Free Workplace Act (30 LCS 580/1 et
'309,) and must implement specific policies and
uidelines as may be adopted by the City. in
‘dion, the Contractor must execute

{Rs Form eT Be Usd Oy For Delage Agency Areamares Funded Wy Through The Une Sates Department OF
Housing And Urban Developments Commumty Unvtopman Sock Grant Program Year 120) (vied 1202),

UNTITLED-010
certfications pursuant to the Drug Free
Workplace Act of 1988, as may be requested
by the Department.

‘Contractor will establish procedures and
policies fo promote a drug free workplace.
Further, Contractor wil notty all employees of
Its policy for maintaining a drug free workplace,
‘and the penalties that may be imposed for drug
‘abuse violations occurring in the workplace.
‘The Contractor wil not the City if any ofits
‘employees are convicted of a criminal drug
‘offense in the workplace no later than 10
‘calendar days afier such conviction

3.43 ACKNOWLEDGMENT OF FUNDING
‘SOURCES

A. The Contractor wll not make any public
‘announcement with respect to the
‘Services without the prior writen
‘approval ofthe City. The Contractor wall
conspicuously acknowledge the co-
sponsorship ofthe City on ab
promotional materials including, but not
limited to, brochures, flyers, writen or
‘electronic public notices, news releases,
Public service announcements,
‘acknowledgments at any special events
intended to promote the Services, or
‘Solicitation of the private sector. The
Contractor will nt attribute any
Statement to the City without the City’s
rior written approval.

‘All reports, maps and other documents
completed as part of this.

ther than documents exclusively for
internal use within the Cty, wil contain
{he following information in a
conspicuous place on the front of the
report, map or document:

1. the name of the City of Chicago;

‘Terms and Conditions - Page 8 of 23.

|. the month and year of
preparation; and

Wi. the name of the project.

B. Also, ifthe Contractor is expending
{federal funds under this Agreement, the
Contractor, when issuing statements,
press releases, requests for proposals,
bid solictations, and other documents,
describing projects or programs funded
in whole oF in part with federal money,
wall clearty state:

1. the percentage ofthe total costs
of the program or project which
will be financed with federal
money;

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

il. the percentage and dolar
amount ofthe total costs of the
‘project or program that will be
financed by nongovernmental
‘sources.

‘Such statement must not represent or
‘suggest in any way thatthe views
‘expressed are those ofthe federal
‘government.

ARTICLE 4
REPORTING, MONITORING &
DOCUMENTATION

4.1 REPORTING REQUIREMENTS
‘The Cty wil st forth the specific reporting

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

‘Ris Ferm le To Be Usd Oy For Delage Agenoy Agreements Funded Wholly Though The Unite Saas Depart Of
‘otelng And Urbon Onvsopments Commany Deralpment Back Grant rogram Year XD) (Reviaed 172382

UNTITLED-011
42 RECORDS

‘The Contractor will maintain and make
avaliable tothe City information such as, but
‘not imited to, dates of and reports or
‘memoranda describing the Contractors
‘activities that is necessary to assist the Cty in
its compliance with all appicable laws. The
Contractor wil maintain all documents
Pertaining to this Agreement inciuding, but not
limited to al financial, statistical, property and
Participant information documentation.

‘The Contractor wil retain books,
documentation, papers, records and accounts
in connection with this Agreement in a safe
place for at least 5 years after the City and, if
applicable, the federal government determines.
that the Contractor has met all Coseout
requirements for this Agreement, and will keep
them open to audit, inspection, copying,
abstracting and transcription, and will make
these records availabe to the City, the United
‘States Comptroller General or the Auditor
General of the State of Ilinois at reasonable
times during the performance ofits Services.

lt Contractor conducts any business operations
Separate from the Services using any
‘personnel, equipment, supplies or facities also
Used in connection with this Agreement, then
Contractor wil maintain and make availabe to
the City, the U.S. Comptroller General and
‘Auditor General ofthe State of ilinois detailed
‘records supporting Contractors allocation of
the costs and expenses attributable to any such
shared usages.

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

‘Terms and Conditions - Page 9 of 23

‘generally accepted federal accounting
Drinciples and practices, as set forth in the
‘applicable OMB Circulars A-21, A-87, A-102,
AcN10, A122 and A-133.

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

'No provision in this Agreement granting the City
2 right of access to records and documents
impairs, mits or affects any right of access to
such records and documents that the City
would have had in the absence of such
provisions.

43° AUDITREQUIREMENT

Hf the Contractor is @ not-for-profit corporation
and is expending federal funds under this and
‘other agreements totaling $300,000 or more
during its fiscal year, it must submit an audit
Conducted in accordance with OMB Circular A-
133 (entited "Audits of States, Local
Governments and Non-Profit Organizations”),
the compliance requirements set forth in OME,
Compiance Supplement, and any additional
testing and reporting required by the City. ifan
‘4-133 audit is required, that audit must cover
the time period specified by OMB Circular A-
133 and its implementing regulations.
COrganization-wide audited financial statements
‘must, at a minimum, cover the Term of this
‘Agreement.

W the Contractor isa for-profit entity, then itis
subject to the annual aucit requirements under
generally accepted goverment auditing
standards (Government Auditing Standards)
Promulgated by the Comptroler General of the
United States (for-profit entities)

‘Rea Form eT Be sed Oy For Osage Aguncy Agreearis Funded Wholly Through Th United Sse Deparact Of
Housing And Utan Developments Commumty Development Block Grant Program (ear XX) Ravana ZS)

UNTITLED-012
‘The Contractor acknowledges that the City may
perform, or cause to be performed, various
‘monitoring procedures relating to the
Contractor's award(s) of federal funds,
including, but not limited fo, “Timted scope
‘udits" of specific compliance areas.

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

City Department of Finance
lateral Audit

Audit Compliance Unit

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

If an OMB aucitis required, the Contractor wil
also send a copy ofthe audi, within the same
time frame indicated in Sec. 320 of OMB
Circular A-133, to:

Federal Audit Clearinghouse
Bureau of the Census

1201 E. 10th Street
Jeffersonville, IN-47132

Further, the Contractor must submit, wth the
‘audit, @ report which comments on the findings
‘and recommendations in the audit, including
‘corrective action planned or taken. If no action
Is planned or taken, an explanation must be
Included. Copies of written communications on
‘non-material compliance findings must be
‘submitted to the Department and the City
Department of Finance.

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

If the Contractor is found in non-compliance:
with these audit requirements, by either the City
(r any federal agency, the Contractor may be

required to refund financial assistance received

‘Terms and Conditions -Page 10 of 23

{rom the City or the applicable federal
agency(es)

44 CONFIDENTIALITY

‘All reports, deliverables and documents
‘Prepared, assembled or encountered by or
‘rovided to the Contractor under this
‘Agreement are property ofthe 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 prior
‘written consent of the Commissioner ofthe
Department ("Commissioner"). The Contractor
will implement measures to ensure that its stat
{and its subcontractors will be bound by this
Section,

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

When the Contractor is presented with a
request for documents by any administrative
‘agency or with a subpoena duces tacum
regarding any records, data or documents
which may be in the Contractor's possession by
reason of this Agreement, the Contractor wil
immediately give notice to the Commissioner
‘and the City's Corporation Counsel with the
‘understanding that the City wil have the
‘opportunity to contest such process by any
‘means available to it, before such records or
documents are submitted to a court or other
third party. The Contractor wal not be obligated
to withhold such delivery beyond that time as
may be ordered by the court or administrative
‘agency, uniess the subpoena or request is
quashed or the time to produce is otherwise
‘extended.

“This Fam a Toe Used Only For Datgate Agency Agrnmrts Funded Wily Through The Une Stats Dapartment Of
Noveing And Urban Developments Commun Gevlopnan Block Grant Program fear Xx) (evans O2302)

UNTITLED-013
To the extent not defined here, the capitalized
terms in Exhibit A-1.3 will have the same
‘meaning as set forth in the Health Insurance
Portability and Accountabilty Act (Aci). See 45
‘CFR paris 160 and 164, Contractor and alts
subcontractors must comply with the Act and all
rules and regulations applicable to including
the Privacy Rule, which sets forth the
‘Standards for Privacy of Individually Identifiable
Health Information at 45 CFR part 160 and part
164 subparts A and E: and the Standards for
Electronic Transactions, which are located at
45 CFR parts 160 and 162

‘Additionally, Contractor's a Business Associate
‘it must comply with all requirements of the Act
‘applicable to Business Associates including the
provisions contained in Exhibit A-1.3.

If the Contractor faits to comply with the
applicable provisions under the Act, such failures
will constitute an event of default under this
‘Agreement for which no opportunity for cure wil
be provided.

4.5 MONITORING
‘The Contractor will allow the City:

‘Ato have access at all times to al facilities
‘supported under this Agreement
whenever requested by appropriate staff
‘members of the City;

B. to have access at all times to all staf!
supported under this Agreement
whenever requested:

©, to make physical inspections of the
Premises used by the Contractor in the
Performance of the Services and to
require such physical safeguards to

Safeguard the property and/or equipment
‘authorized including, but not imited to,
requiring locks. alarms. safes. fire
‘extinguishers and sprinkler systems; and

‘hs Form a Toe Used Ont For Deion Agency Agreements Funded

‘Terms and Conditions - Page 11 of 23,

D. tobe presentat any and all meetings held
by the Contractor, including, but not
limited to, staff meetings, board of
directors meetings, advisory committee
‘meetings and advisory board meetings, if
‘an item relating to this Agreements to be
discussed.

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

‘The Contractor will respond within 2 weeks to
‘questionnaires, if any, regarcing demographics,
‘Staff, quaity, etc, from the Department.

Nothing in this Agreement wil be construed as
restricting or otherwise limiting the rights ofthe
Cty toward the appropriate management of this
rogram,

4.6 INTELLECTUAL PROPERTY

A

Patents and Copyrights

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

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

IL. any rights of copyright or patentto
which the Contractor purchases
‘ownership withthe funds awarded
pursuant to this Agreement.

Through The Une State Doprtman OF
zane.

‘using And Urben Gevapmants esnmunsy Deora Bik ram Program Yeu XN enone

UNTITLED-014
Ifthe federal government determines that
a patent or copyright which s developed
or purchased by the Contractor serves a
federal government purpose, royalty
free, non-exclusive and imevocable
lense” wil vest. in” the federal
government

‘Any discovery or invention arising out of,
‘or developed in conjunction with the
Services willbe promptly and fully
reported to federal government for a
determination as to whether patent
‘Protection on such invention or discovery
‘should be sought. The rights to such
patent wil be administered as set forth
above and in 37 C.F.R. Part 401,

‘Ownership of Documents

Al required submittals, including but not
limited to work products, materials,
documents, and reports, fan, described
in Exhibit B, wil be the property of the
Gity. During the performance of the
Services, the Contractor will be
responsible for any loss or damage to the
documents while they are in. its
possession and any such document lost
‘or damaged will be restored at the
expense of the Contractor. if not
restorable, the Contractor will be
responsible for any oss sufered by the
City on account of such destruction. Full
access to all finished oF unfinished
ocuments, data, studies and reports 0
be prepared by’ Contractor hereunder
Curing the performance of Services willbe
available to the City during normal
business hours upon reasonable notice.

Hold Harmless:

Unless prohibited by state law, upon
+ fequest by the Federal government,

Contractor wil indemnify, save, and hold

harmless the City and its officers, agents,

‘and employees acting within he scope of

‘Terms and Conditions - Page 12 of 23,

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

ARTICLES
‘COMPENSATION

5.1 BASIS OF PAYMENT

‘The Contractor willbe compensated for Services
performed and/or costs expended pursuanttothe
‘Budget Summary contained in Exhibit, which is
attached and incorporated by reference.

5.2. METHOD OF PAYMENT

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

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

‘The Contractor waives al righs to payment if the
request forreimbursementis submitted ater than
45 calendar days following the termination of
completion ofthis Agreement. Costs incurred by
‘the Contractor after the expiration date or after
‘eartier termination ofthis Agreement will not be
ald by the City.

{Rs Form aT Be Used Only For Delage Agency Agreements Funded Wholy Through The Une Sates Deparment Of
ovsing Ana Urtan Developments Cammunty Developme Block Grant Program (eat XK) (Revinea 02302).

UNTITLED-015,
5.3. REDUCTION OF COMPENSATION

Ht, after this is signed, anticipated
federal andor state funding Is reduced for any
reason, then the City reserves the right upon
watien' notice to the Contractor to reduce or
‘modify the amount of the payments to be issued
to the Contractor under this Agreement. If
{federal andior state appropriations are reduced to
such an extent that, inthe sole discretion of the
‘City, 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 Termination in accordance with this
‘Agreement.

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

5.4 ALLOWABLE COSTS

All costs allowed by he City Comptrolier's Otfice,
{are not considered final and may be disallowed
‘upon the completion of audits ordered or
performed by the City or the appropriate federal
Or state agency. In the event of a disallowance,
thé Contractor will refund the amount disallowed
tothe cy.

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

‘The Contractor may request an advance of funds
‘and, atthe City's sole discretion, may receive up
to.a45 calendar day operating advance, provided
the advance meets all federal, state and City
requirements for funding under this

All advances willbe iqudated prior to the end of
the contract period in a manner specified by the
City.

ARTICLES
NON-SOLICITATION

‘The Contactor 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
DISPUTES

Except as otherwise provided in this Agreement,
the Contractor or the City wil, in writing, bring any
Gispute conceming a question of fact arising
under this Agreement, o the Chief Procurement
Officer for decision. ' The Chief Procurement
Officer wil issue a written decision and mail or
ctherwise furnish @ copy of it to the Contractor.
‘The decision of the Chief Procurement Officer is
final and binding upon the partes. 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

‘hl Fo a Toe Used Onty For Dntgat Agency Agrenmarts Funded Wolly Through Th Une Stats Department Of
‘oaing And Uren Developments Communty Developmen Block Grant Program Yer X23) (Revd 823),

UNTITLED-016
‘The following wil constitute events of defaut:

‘A. Any material misrepresentation, whether
negligent or wilful_and whether in the
inducement orin the performance, made
by the Contractor tothe City.

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

1 Falture to perform the Services
with sufficient personnel and
‘equipment or with —suliclent
material to ensure the
Performance of the Services due
to a reason or circumstances
within Contractors reasonable
control;

i Fealture to perform the Services in
‘a manner satisfactory tothe City,
Cor inability to perform the Services.
Satisfactory as a resutt of
Insolvency, fling for bankruptcy oF
assignment for the benefit of
creditors;

i, Fature to promptly re-perform
within a reasonable time Services
that were rejected as erroneous
(or unsatisfactory;

Iv. Discontinuance ofthe Services for
reasons or circumstances within

Failure to comply with a material

term or condition of this

including, but_not

limited to, the provisions

concerning insurance and
‘nondiscrimination.

‘Terms and Conditions - Page 14 of 23

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

82 REMEDIES

Upon the City's determination that an event of
efault has occurred, the City will give notice of
such occurrence to the Contractor in accordance
‘withthe terms and conditions of this Agreement
(Cure Notice"). Ifthe Contractor fails to cure the
‘event of default within 30 calendar days aftr the
Cure Notice is given, or if the Contractor has
failed, in the sole ‘opinion of the City. to
‘commence and continue diligent efforts to cure
the event of default, or if the event of default
cannot reasonably be cured within 30 calendar
<ays after the Cure Notice is given, then the City
‘may, in the sole discretion of the Cty, deciae the
Contractor to bein defauit under this Agreement.
The decision to deciare the Contractor to be in
efauit is within the sole discretion of the Chief
Procurement Officer, the decision is final and
binding upon the Contractor. and neither that
<ecision nor the factual basis for itis subject to
review or challenge.

Ifthe Chief Procurement Officer determines that
the Contractor isin default under this Agreement,
‘written notification ofthis determination (Defaut
Notice") will be provided to the Contractor, and
the Defautt Notice will include notice of the
ecision of the Chief Procurement Officer to
terminate this Agreement, if that is his such
ecision. Upon the City’s giving the Defautt
Notice, ‘the Contractor will discontinue any
services, unless otherwise directed inthe notice,
and wall ‘deliver all materials accumulated in the
Performance of this Agreement, whether
‘completed or in the process, to the City.
Following or at the same time as the Default

{Th Form To Be Une On Fet Delete Agency arama Fund Why Trough Te ie Sais Daparinect Of
‘ning An Urban Devtpments Conmunty Dealmnat Blak am Progra (au #30 Masaed TOUS).

UNTITLED-017
Notice, the City may invoke any or all of the
folowing remedies:

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

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

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

D. The right to money damages;

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

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

HW the City considers it to be in the City’s best
interests, it may elect not to deciare default orto
terminate the Agreement. The parties
‘acknowledge that this provision is solely for the
benefit ofthe City and that ifthe City permits the
Contractor to continue to provide the Services
‘despite one or more events of default, the
Contractor will in no way be relieved of any of its
responsibiliies, duties or obligations under this
‘Agreement nor will the City waive or relinquish
any oft rights,

‘The remedies under the terms and conditions of

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

‘This Form ta To Be Used Only For Datgute Agency Agrenmants Fuad Whol Trough Th
Gommanty Development Blok Grant Progam (aut 20 (Revined 102302)

‘ouaing And Urban evlopnant

‘Terms and Conditions - Page 15 of 23.

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

83 RIGHT TO OFFSET

‘To the extent permitted by applicable law,

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

Ifthe City terminates this Agreement
for default or any other reason resulting
from the Contractor's performance or
‘non-performance;

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

(i) ifthe City has any credits due or
has made any overpayments
Under this Agreement,

‘The Cty may offset these excess costs
by use of any payment due for Services
‘completed befor the City terinated ths
‘Agreement or before the Cy exercised
any remedies. If the amount offset is
insufficient io cover those excess costs,
the Contractor 's lable for and musi
romptiy remit to the City the balance
‘pon waten demand for. Ths ight to
offset sin adiion to and nota limitation
Of any other remedies avaliable to the
Cry.

UNTITLED-018
Bin connection with Section 2-92-380 of
the Municipal Code of Chicago and in
‘edition to any other rights and remedies
(eluding any of setoff avaiable to the
‘City under tis Agreement or permite at
law or in equity, the City i entitled to set
{fa portion ofthe price or compensation
‘due under this Agreement in an amount
‘equal to the amount of the fines and
penalties for each outstanding parking
Velaton compiaint andlor the amount of
any debt owed by the Contractor to the
Gity, as those terms are defined in
Section 2-82-380.

©. Without breaching this Agreement, the
City may set off a portion of the price or
Compensation due under this Agreement
in an amount equal to the amount of any
liquidated or uniquidated claims that the
City has against the Contractor unrelated
to this Agreement." When the Citys
‘aims against the Contractor are finally
‘adjudicated in a court of competent
Jurisdiction or otherwise resolved, the City
will reimburse the Contractor tothe extent
of the amount the City has offset against
this Agreement inconsistenty win the
<etermination or resolution

8.4 SUSPENSION OF SERVICES

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

‘Terms and Conditions - Page 16 of 23.

‘or expenses actualy incurred by Contractor as 3
result of recommencing the Services will be
treated in accordance with this Agreement.

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

8.5 NO DAMAGES FOR DELAY

‘ry damages from the Ci, nor is any party
‘entitod 10 be reimbursed by the City, for
damages, charges or other losses or expenses
incurred by the Contractor by reason of delays or
hindrances in the performance of the Services,
whether or not caused by the City. On Notice to
the City of a delay outside Contractor's contol,
Contractor “may "request additonal time 10
‘complete its performance. The decsion to grant
additional time is in the sole and absolute
<iscretion ofthe Chie Procurement Officer.

ARTICLE 9
GENERAL CONDITIONS

81 WARRANTIES
REPRESENTATIONS

AND

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

‘A. warrants that itis financially solvent; that
|W and each of its employees, agents,
subcontractors of any tier are competent
to perform the Services; that itis legally
‘authorized to execute and perform the
Services; and

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

‘hi Frm a Toe Ute Onty For Detgate Agee Agreements Funded Wail Though The United Sats Dope Of
Novsing Ana Urban Developments Conmunty Govlopan lock Grant Progra (ver XD) Maviand 02300)

UNTITLED-019
c.

Contractor or has a financial interest
directly or indirect in this Agreement or
the compensation to be paid, except as
‘may be permited in writing by the City’s
‘Board of Ethics; that no payment, gratulty
‘or offer of employment will be made by or
fon behalf of any subcontractors of any
tier, as an inducement for the award of @
subcontract or order, the Contractor
‘acknowledges that ‘any agreement
entered into, negotiated or performed in
violation of any ofthe provisions of City of
Chicago's Ethics Ordinance, Municipal
Code § 2-156 at sea. is voidable by the
ity; in accordance with 41 U.S.C. § 22,
the Contractor must not admit’ any
member of oF delegate to the United
‘States Congress to any share or part of
the Services or the Agreement, or any
benefit derived therefrom; and

warrants that it wil not knowingly use the
‘services of any ineligible subcontractor or
Contractor for any purpose in the
Performance ofits Services: and

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

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

‘Terms and Conditions - Page 17 of 23.

for such examination, analysis, and
preparation was adequate: that it was
permitted access to any person or
Information in connection with its
reparation ofthe 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 strict
accordance with this Agreement; and

G. represents that It and, to the best ofits
knowedge, its subcontractors are not in
iolation of the provisions of Section 2-82-
320 of the Municipal Code, the Ilinois
Criminal Code, 720 ILCS 8/33E-1 gt seq,
{and the llinois Municipal Code, 65 ILCS
511-42.4-1.

9.2 INSPECTOR GENERAL

It wil be the duty of any bidder, proposer, or
‘contractor, subcontractor, and every appicani for
Certification of eigibilty for a City contract or
Program, and all officers, directors, agents,
partners, and employees of any such bidder,
proposer, contractor, or such applicant to
‘cooperate with the Inspector General in any
Investigation or hearing undertaken pursuant to
(Chapter 2-56 of the Municipal Code; that the
Contractor understands and will abide by all
Provisions of Chapter 2-56 ofthe Municipal Code
and that it wil inform Subcontractors. of this
provision and require their compliance,

9.3 WHOLE AGREEMENTNTEGRATION

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

‘Rs om To Uae Ont For Onan Agency Agents Funded Way Theough Tha Unt Stas Department Ot
Developments Coma

Noteing a Uren

evelopment Block Gran Program (eet 3X00) (Revieed 102302)

UNTITLED-020
promises or other inferences will be implied that
‘are not expressly stated in the Agreement. No
Variation or amendmentof 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 all other agreements between the
Contractor and the City.

9.4 MODIFICATIONS AND AMENDMENTS

No changes, amendments, modifications,
Cancellations or discharges ofthis Agreement, oF
any part of it are effective unless in writing and
‘signed by the Contractor and the City, oF their
respective successors and assigns.

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 city
‘government, which may in any manner affect the
Performance of this Agreement.

COMPLIANCE WITH ACCESSIBILITY
Laws

Contractor will comply with all accessibility
standards for persons with disabillies or
environmentally limited persons including, butnot
limited to: the Americans with Disabilities Act of
1990, 42 US.C. § 12101 et seq: and the
Rehabilitation Act of 1973, 29U,S.C. §§ 783-796.
In the event the above cited standards are
Inconsistent, the Contractor will comply with the
‘Standard providing greater accessibility.

97 NO FEDERAL OR STATE
OBLIGATIONS TO THIRD PARTIES.

‘The Contractor acknowledges that, absent the
‘express wmitten consent of the federal
‘government and the State of Ilinois, the Stato of
lMinois. and the federal government will not be
‘subject to any obligations or lables to any

‘Terms and Conditions - Page 18 of 23

person not a party to the grant agreement
between the City and the State of itinois or
between the City and the federal government.
‘Notwnstanding any concurrence provided by the
State of llino's or federal goverment in or
approval of any soliclaion, agreement, or
contract, the Stale of inois and federal
government continue to have no obligations or
Fables to any party, including the Contractr.

8 NON-LIABILITY OF PUBLIC OFFICIALS

‘No official, employee or agent ofthe City wil be
charged personally by the Contractor, or by any
assignee or Subcontractor of the Contractor, with
‘any lablity or expenses of defense or be held
personally lable tothe Contractor under any term
‘r condition of this Agreement, because of the
Citys execution or attempted execution, or
‘because of any breach

9.9 INDEPENDENT CONTRACTOR
‘This Agreement is not intended to and will not

‘cxganizaton of any kind between the partes, and
the rights, and the obligations ofthe parties wil
be only those expressly set forth in this
‘Agreement. The Contractor wil perform under
this Agreement as an independent contractor to
the Ciy and not as a representative, employee,
‘agent, or partner ofthe City.

10 INTERNATIONAL ANTI-BOYCOTT

Contractor certifies that neither the Contractor
‘or any substantially owned affllate company of
the Contractor's partcipating or wil participate in
‘an intemational boycott, as defined by the
prowolone ofthe U's Export Admiatraon nat
(of 1879 or its enabling regulations.

[Ris Fom oe Used Oy Fer Delegate anne areemas Fun Why Trough Th ned State Deparment Ot
"otnog hn Uren Demonte ommantyBemopmant Bock St Progen a AN (Revane T8202.

UNTITLED-021
9.11 JOINT AND SEVERAL LIABILITY

Inthe event thatthe Contractor, or its successors
(or assigns, is comprised, of more than one
person, then every obligation or undertaking to
‘be fuliled or performed by the Contractor willbe
the joint and several obligation or undertaking of
‘each such person.

9.42 PROOF OF BUSINESS FORM

Upon request from the City, the Contractor will
provide copies of its latest artices of
Incorporation, by-laws and resolutions, or
partnership or joint venture agreement, as
‘applicable, and evidence of its authority to do
business in the State of Ilinois, including without
limitation, registrations of assumed names or
limited partnerships and certifications of good
standing with the Secretary of State of itinois.

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 will provide
any other affidavits or certifications as may be
Tequired by federal, state or local law in the
award of public contracts, all to be attached
‘under Exhibit D and incorporated by reference.
‘The Contractor wil cause its subcontractors or, it
4 partnership or joint venture, all members ofthe
Partnership or joint venture, to submit all required
‘affidavits to the City,

9.14 CONFLICT OF INTEREST

No member of the governing body of the City or
‘other units of goverment and no other officer,
‘employee, oF agent of the City or other unit of
gayemment who exercises any functions or
Fesponsibilies in connection with the Services
will have any personal interest, direct, or indirect,
In this Agreement. No member of or delegate 10

‘Terma and Conditions -Page 19 of 23.

the Congress of the United States or the iinois
General Assembly and no alderman ofthe City oF
City employee will be admitted to any share or
part of this Agreement or to any financial benefit
to arise from it

‘The Contractor covenants that it, its officers,
directors and employees, and the officers,
directors and employees of each of its members
fa joint venture, and its subcontractors,
presently have no interest and will acquire no
interest, direct or indirect, which would confict in
‘any manner or degree with the performance of
the Services. The Contractor further covenants
that no person having any such interest will be
‘employed. The Contractor acknowledges that if
the City determines that any of Contractor's
services for others conflict with the Services,
Contractor wil terminate such other services
immediately upon request ofthe City,

In addition to the conflict of interest requirements
in OMB Circular A-110 and 24 CFR. 84, no
person who is an employee, agent, Contractor,
officer, or elected or appointed official ofthe City
‘and who exercises or has exercised any
functions or responsibilties with respect to
assisted actives, or who is in a position to
participate in a decision making process or gain
Inside information with regard to such activites,
‘may obtain a financial interest or benef from the
activity, or have an interest in any contract,
subcontract, oF agreement or their proceeds,
either for himsetf 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 that itis and will remain in compliance
with federal restrictions on lobbying set forth in
‘Section 319 of the Department of the Interior and
Related Agencies Appropriations Act for Fiscal
year 1990, 31 U.S.C. § 1352, and related rules
and regulations set forth at 54 Fed. Reg. 52,309
(1988), as amended.

‘ls Frm a To Be Ute Ony For Onagne Agancy Agreements Funded Wholly Through Th Une Sats Deparment Of
‘oting And Urban Developments Commumty Onvlopman lock Grat Progr (Yar XX) (Ravana 2302)

UNTITLED-022
In additon, if State of ilincis funds are used for
the Agreement, the Contractor must comply wath
the confict of interest provisions contained in the
linois Procurement Code (30 ILCS 500/50-13)
‘and other provisions in the ilinois Procurement
‘Code regarding participation in agreement
negotiation by @ State employee (30 ILCS
'500/50-18).

9.45 COOPERATION WITH CITY

‘The Contractor wil cooperate fuily with the City
and act in the City’s best interests. If this
‘Agreement is terminated for any reason, or if itis
to expire on its own terms and conditions, the
Contractor wil make every effort to assure an
‘orderly transition to another provider of the
Services, if any, orderly demobilzation ofits own
‘operations in. connection with the Services,
uninterrupted provision of Services during any
transition period and will comply with the
reasonable requests and requirements ofthe Cty
In connection withthe termination or expiration of
this Agreement.

9.16 WAIVER

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

Whenever the City by a proper authorty, waives.
the Contractor's performance in any respect or
waives a requirement or condition to either the
City's orthe Contractors performance, the waiver
80 granted, whether express or implied, will nly
apply to the particular instance and will not be
deemed a waiver forever or for subsequent
instances of the performance, requirement or
‘cogaion. No waiver will be ‘construed as a
‘modification of the Agreement regardless of the
‘number of times the City may have waived the
performance, requirement or condition

‘Terms and Conditions - Page 20 of 23,
9.17 GOVERNING LAW
This Agreement is govemed as to performance

‘and interpretation in accordance withthe laws of
the State of tins.

18 SEVERABILITY

it any provision ofthe Agrwomentis hed tobe or
in facts legal, inoperative or unenforceable on
{face oF a8 applied in any paricular case, In
‘any jurisdiction (or in all cases because it
coniicts with any other provision of this
‘Agreement, oF any constitution, statute, municipal
‘ordinance, rule of law oF publ: pole, o fr any
other reason), that circumstances wil not have
the effect of rendering the provision in question
inoperative or unenforceable in any other case or
Cireumstance, oof rendering any other provision
this Agreement legal invalid inoperative oF
tnenforceable to any extent whatever. The
invalidity of any one or more phrases, sentences,
<dauses 0” secons contained inthis

does not affect the remaining portions of tis
‘Agreement or any part of it

49 INTERPRETATION

‘Any headings in this Agreement are_ for
Convenience of reference only and donot define
oF limit its provisions. Words. importing the
Singular number incude the plural number and
vice versa, unless the context otherwise
indicates. Ailreferences to any exhibit, appendix
oF document include all supplements andlor
amendments to any such exhibits, appendixes or
ocuments entered into in accordance with the
terms and conditions of this Agreement. All
references to any person o ently incude any
Berson or entity succeeding tothe rights, duties
‘nd obigatons of the person or entity in
‘accordance withthe terms and conditions of this
Agreement. In the event of any confit between
this Agreement and any exhibits fit, the terms
and conditions of this Agreement contra

{isa Form aT Be Usd Only For Osage Agency Areamares Funded Wholly Through The Une Saas Depart OF
Noung Ane Urban Devlopinen’s Commumty Development Bock Grant rogram (Yea X00) (Revind 172302),

UNTITLED-023
9.20 NONASSIGNABILITY

Contractor wil not assign allo any part ofits
work or responsibliies under this Agreement
without the prior writen’ consent of the Chief
Procurement Officer and the Commissioner, but
‘any such consent wil not ralieve Contractor ofits
‘obigations under this Agreement. Any wansfer
‘rassignment without te prio writen consent of
the Chef Procurement Officer constitutes an
event of default under this Agreement ands void
25 to the City. The City reserves the right to
‘assign, in whoie or in part, any funds, claims oF
interesis, due or to Become’ due, under tis
Agreement.

921 CONTRACTOR'S AUTHORITY

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

ARTICLE 10
NOTICES

‘Allnotices and communications to be provided by
the City and the Contractor pursuant to this
Agreement must be in writing and may be
<dekvered personally, by overnight courier or by
First Class certified mail, return receipt
requested, with postage prepaid and addressed
as follows:

If to the City.
‘The Department's Mailing Address Noted
In This Agreement’s Preamble

and
Department of Procurement Services
ity Hall, Room 403

‘Terms and Conditions - Page 21 of 23.

121 North LaSalle Street
Chicago, lino's 60602
Attonion: Chief Procurement Officer

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

If to Contractor:
‘The Contractor's Malling Address Noted
In This Agreement's Preamble

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

‘A. the official to whom notice regarding the
‘Agrooment is provided and their mailing
cress;

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

©. the key staff of the agency andior its
program sites, including executive
director, site director, fiscal director, and
site address or agency official address,
telephone numbers

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

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

‘Rs Form a Yo Be Und Only For Delage Agncy Agreements Funded Whely Through The Une Sates Deparment
Noveing Ana Uren Gevlopments Communty Onvcpna Black Gre Progra (Yer XD) Qavawa 2302)

UNTITLED-024
Pursuant to Section 2-156-030(b) of the
Municipal Code of the City of Chicago, its egal
for any elected official of the City, or any person
acting at the drecion of such official to contact,
tier orally orn wrtng, any other City oficial or
femployee with respect to ary matiet involving
‘any person with whom the elected official ha
business relationship, or to paripate in any
discussion n any Cty Council committee hearing
or in any City Council meeting or to vote on any.
matter volving the person with whom an elected
Official has a Business relationship. Violation of
Section 2-156-030(b) by any elected offical
with respect to this Agreements grounds for
termination of this Agreement. The term
business relationship is defined as sat forth in
Section 2-186-060 of the Municipal Code of
Chicago.

‘Section 2-156-080 defines a “business
relationship” as any contractual or other private
business dealing of an official, or his or her
‘spouse, or of any entity in which an official or his
(or her spouse has a financial interest, with a
Person or entity which entitles. an offal to
‘compensation or payment in the amount of
‘$2,500 or more in a calendar year; provided,
however a financial interest shall nt include: (i)
‘any ownership through purchase at fair market
value or inhertance of less than one percent of
the share of a corporation, oF any corporate
subsidiary, parent or affliate thereot, regardless,
of the value of or dividends on such shares, if
such shares are registered on a securities
‘exchange pursuant to the Securities Exchange
Act of 1934, as amended; (i) the authorized
Compensation paid to an official or employee for
his office or employment; (ii) any economic
benefit provided equally to al residents of the

‘Terms and Conditions - Page 22 of 23

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

ARTICLE 12
LIVING WAGE ORDINANCE

Section 292-610 of the Municipal Code requires.
‘lgibie contractors and thei Subcontractors 10
ay 2 living wage (currenty $7.60 per hour
‘minimum base wage) to covered employees
employed inthe performance of tis Agreement.
You are an eligible contractor i at any te
during the performance of this Agreement you
have 25 or more fulkime employees. If you are,
‘orbecome, eligible, you and your subcontractors
‘must pay at least the base wage to covered
‘employees. Covered employees are: security
‘quards (but ony if you and your subcontractors
‘employ in the aggregate 25 or more of them),

apply to not-for-profit corporations with federal
'501(c)3) tax exempt status. Also, if the work.
bboing done under this Agreement is subject to
payment of prevailing wages, and the prevailing
wages are higher than the base wage, then
prevailing wage rates apply and must be paid

See cumst
NOTICE OF CHANGE IN CIRCUMSTANCES

In event the Contractor, ts parent or related
corporate entity, becomes a party o any

ligation, investigation or transaction that may
‘reasonably be considered to have a material
limpact on the Contractor's abil to perform

‘Tol Frm a Toe Ute On For Deingat Agency Areamaes Funded Wally Through Th Une Stats Department OF
Deveopments Comment

Noteing ans Ure

Development Blok Grant Progra (eer XX) WRaveed 10382).

UNTITLED-025
under this Agreement, the Contractor must
Immediately notity the City in wring.

ARTICLE 14
ADDITIONAL AGREEMENT PROVISIONS

‘Aditional provisions ofthis Agreement are
listed in Exhibit A. and also in Exhibit F only if
construction and rehabilitation actives are
involved, which are attached and incorporated
by reference. All provisions listed in Exhibit’ sA
‘and E have the same force and effect asi they
had been listed in the body of this Agreement.

[The remainder ofthis page is intentionally left
blank}

‘Terms and Conditions - Page 23 of 23

UNTITLED-026
‘Ac1A_ NATIONAL OBJECTIVE

‘The Contractor will perform the Services hereunder in @ manner that complies with a criterion for
national objectives described in 24 C.F.R. § 570.208,

1.2 COMPLIANCE WITH CDBG REGULATIONS.

‘The Contractor must comply with, and certifies that itis in compliance with, all the provisions and
regulations of the CDBG Program, and all related Cty of Chicago. State of llinois and United States
‘es, regulations and requirements, including, but not limited to: the Housing and Community
Development Act of 1974, as amended (42 U.S.C. § 5301 et seq. and implementing regulations at 24
C.FR. Part 570); Tite VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d at sea.) Civil Rights Act of
‘1981; Fair Housing Act (42 U.S.C. § 3601 et sen); Executive Order 11063, as amended by Executive
‘Order 12258; Age Discrimination Ac of 1975 (42 U.S.C. § 6101 et sea.) Rehabiltaton Act of 1973 (20
U.S.C. § 794 at sea); Davis-Bacon Act, as amended (40 U.S.C. §§ 276a - 2760-5); Contract Work
Hours and Safety Slandards Act (40 U.S.C. §§ 327-33 as supplemented by 29 C.F.R. Part 5 and 29
CER, Part 1926); Nabonal Environmental Pokcy Act of 1969 (24 C.F.R. Part 58); Clean Air Act (42
U'S.C. §7401 et sea); Federal Water Polition Control Act "Clean Water Act) (33 U.S.C. § 1251 et
1880.); Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part
15); the Contractor must report all violations and must require all subcontracors to report all violations
ofthe Clean Air Act and/or the Clean Water Act to the City, HUD and the appropriate Regional Office
of the US. Environmental Protection Agency; Flood Disaster Protection Act of 1973 (42 US.C. § 4106
‘aL.8aa,); Uniform Relocation Assistance and Real Property Acquistion Policies Act of 1970 (42 U.S.C.
§ 4601); Executive Order 11246, as amended by Executive Orders 12086 and 11375; Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4821 el seq.): Residential Lead-Based Paint Hazard
Reduction Act of 1982 (Pub. L. 101-550; 42 U.S.C. 4851 et seq.) and implementing regulations at 24
CFR, Part 35; Executive Order 12372; Copeland “Anti-Kickback” Act (18 U.S.C. § 874 and 40 U.S.C.
§ 276(c) as supplemented by 29 C.F.R. Part 3); Federal Far Labor Standards Act (29 U.S.C. § 201 st
'38a,); the Uniform Administrative Requirements contained in 24 C.F.R. Parts 84 and 85, as amended:
Hatch Act 5 U.S.C. §§ 1501-08 and 7324-28); Byrd “Ant-Lobbying” Amendment (31 U.S.C. § 1352}:
mandatory standards and polices relating to eneray efficiency which are contained inthe State of
|Winois energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L 94-163); Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et sea. (in
‘accordance therewith, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it as made, it makes, or may make pertaining to this Agreement), and Debarment and
Suspension (24 C.F.R. § 85.35 and Executive Orders 12549 and 12688). Additonally, the Contractor
‘mast comply withthe applicable provisions of OMB Circulars A-21, A‘B7, Ac102, A-110, A122 and A-
133 as amended, succeeded or revised.

‘Da Fm a To Be Usd Onn Fer Detgate Agency Areamarts Funded Wholly Through The Unite Sates Deparmat OF
oing And Urban Developments Commumty Development Sack Grant Progra (Yeu 30) (Rvined 1728),

UNTITLED-027
‘A-1.3_ COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPPA) REQUIREMENTS.

1. Contractor must not use or further disclose Protected Health Information ("PHI") other than as
ermitted or requited by this Agreement or as Required by Law. (itp:/Awww hhs.govlocr/hipaal)

2. Contractor must use appropriate safeguards to prevent the use or disclosure of PHI other than as
provided for inthis 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 violation of the requirements of this Agreement.

4. Contractor must report any use or disclosure of the PHI not provided for by this Agreement to the
City

5. Contractor must ensure that any agent, including a subcontractor, to whomit provides PHI received
from, or created or received by Contractor on behalf of the City agrees to the same restrictions and
Conditions that apply through this Agreement to Contractor with respect to such information

6. Ifthe Contractor has PHI in a Designated Record Set then Contractor must provide access, at the
request of the City, and in the time and manner designated by the City, to PHI in a Designated
Record Set, to City or, as directed by Cty to an Individual in order to meet the requirements under
45 CFR 164.524,

7. If the Contractor has PHI in a Designated Record Set then Contractor must make any
amendments to PHI in a Designated Record Set thatthe City directs or agrees to pursuant to 45
(CFR 164.526 atthe request of City or an Individual, and in the time and manner designated by Cty.

8. Contractor must make intemal practices, books and records relating to the use and disclosure of
PHI received from, or created or recelved by Contractor on behalf of, City available tothe City, or
at the request of the City to the Secretary, in a time and manner designated by the City or the
‘Secretary, for purposes of the Secretary determining City's compliance with the Privacy Rule.

9. 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 must provide to City or an Individual, in time and manner designated by Cty information
collected which relates to the disciosure of PHI, to permit City to respond to a request by an
Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528.

11. Contractor must either retum ail PHI tothe City or destroy tat the City's option, upon termination
Cr expiration of this Agreement.

[Rus Form eT Be Usd Ony For Onaga Agency Agreements Funded Wholly Through Tha Unite Sates Department OF
ovaing And Urtan Developments Communty Geveopner lock Grant Progam (Yer XA) (vans 2S),

UNTITLED-028
Risers ete taes on Fer ete Agency Areas Fuad ny Trough Te Une ie Daparent Of
Novsing Ana Urban Developments Community Development Bock Grat Program (Yer XD) (vied 102302),

UNTITLED-029
CITY OF CHICAGO
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEAR XXIX-2003
WORK PROGRAM AND BUDGET

Department: Cultural Affairs
Program: Cultural Outreach Program __Fax 312-744-2089
Contact Name; MarvE Young Phone #: 312-744-174

Part I: Delegate Information
Parent Organization Name:__Kusnba Lyn

arent Organization Address:

Parent Organization City, Sate, Zip:_4702Noth Boocon __ he.

Delegate: Kuumba Lynx
Site Address: 4501 N. Clarendon Chi. 60640

City, State, Zip

Executive Director:___dacinda Hall
Delegate Contact, S01 Flores and Jacinda Hal

Phone #:_ 73715-0171 773. 3424253

Office Hours: Program Service Mg
Soa aap Fay pm Sat an Son’ T°™™ SET “AGE Sp Fady Som pm Say 10am fom

Total Budget for this Project (including other share):__$44,52800

CDBG Year XXIX Allocation:§ 20964-0000

Contract Period: From 01/01/03 To_123103

Federal Employer Identification Number:_ 364246321

Log

UNTITLED-030
Part I: Description of Project

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

Kuma Lyn is mut-ans performance ensemble and organization founded to gue

‘conomically disedvantaged youth Lough the proces of eating ther own educational

performances

‘Through performance and creative education, Kouba Lynx will engage youth in the discovery
cof altemative means of creative expression. Participants inthe program are empowered to
articulate ther personal feelings both verbally and in writen form. Overall, the participants will
tnerease their literary skill, develop excellent time management and follow-through capabilities.
‘Altention is also focused on developing problem solvang skills as wel as increasing their
understanding and sensitivity to other cultures. Panicipants in Kuurba Lynx also learn the value
of team work and leadership skills, sn terms of contributing to a communsty'for the greater good
‘and benefit ofall mvolved.

‘© Pronde a mentorshp program in an altematwe environment where participants can leam
‘Boal achieving techniques, improve their self-esteem and become involved in positive
‘community acuviies

Create performance workshops which include theatre, creative writing, movement and
music for teens to explore conflict-resoltion sues and effectively deal with daily

challenges

‘©The complete design, development and production of theatrical works that require a
significant commitment which include many hours, thereby providing a postive
altemative to the lure of treet gangs

Problems Addressed:
‘Youth have few mediums for positive self-expression
‘+ Violent set gang involvement
‘© Youth lack acces to resources and actvities that assist with ther decision-making and
{judgment skills

Results Anticipated:

‘+ Increase the participant’ problem solving sil, by developing ther writing and
communication ability wa trusting and martunng environment

‘+ Reduce the level of criminal ctvty m youth and increase arts appreciation and
Understanding of arsrelated professions through exposure and unvolvement mn these
theatrical works

‘+ Increase participant's terest and partcpation planning for their futures.
‘Adkitionally, mereased postive decision-making and judgment skills which will
contribute tothe development of important leadershp capabilities

Yew X31 2003 CONG Deep Wor Progam 2

UNTITLED-031
Part III: Monitoring and Evaluation Procedures

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

Kuumba Lynx will employ the following methods:

“Attendance sign-in sheets for the program participants
Different multimedia formats such as video, audio and journals willbe utilized by
staff to record participant's progress and various accomplishments

‘© ‘Free Write’ assignments that allow participants to gage their level of
understanding ofthe curriculum

‘+ Upon the completion ofthe program, participants will have compiled an
anthology of original written poetry

‘During the program year, participants will have two culminating events that
utilize all of skills and tools they have leamed through the program

+A quarterly written evaluation questionnaire will be completed by participants and
their families

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

Kuumba Lynx will implement the following procedures:

‘utilizing a double-entry book keeping and tracking system.

* creating a requisition system for monetary and / of material resources in which all
‘monetary disbursements will have Executive Director approval

‘+ Program expense reports with budget summary will be prepared by the executive
director and submitted to the Board of Directors

‘Year 04042005 CO8G Deepa Wek Popa 3

UNTITLED-032
Part IV: Auditing Requirements

Is your agency (check only one)? © not-for-profit © education institution
(D governmental agency 0 for-profit

‘A. Whats your agency's fiscal year? January ~December
B. When do youiintend to conduct an audit ofthis contract? January 2004

C. Below please list all contracts and grants that your agency anticipates receiving during the
2008 fiscal year. Identify ifthe source is Federal or Other and the amount.

Funding Source
Contracts/Grants Federal —Other_——Total Amount Requested
Contract Words 37
‘After School Matters $8,000.00
‘Contract Gallery 37 ‘After School Matters $510,000.00
Gear Up ‘Truman College $1,000.00
Contract Norht Lawndale NLC $6,000.00

D. If you 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

NA

‘Year 0% 2003 C006 Deeg Work Pog 4

UNTITLED-033
Form 4

WORK PROGRAM Page 1 of2
A tete___Kuuba Lyne sie
Depa Popa Caml Qursachrogam = sols he ser -ant scone

Kuba Ly Paomance For Peace Pre

o,
2003 Ped uly Quare Yer
“eal toes i
its for each program fvenble.

1stQe | 2ndQ¢ | sede

(Open mic, workshops, quest speakers
‘speoal events, ouside artists

‘umber of parbopants

and number of sessions held

Yeu 02005 CDG Deep Wor Popa

UNTITLED-034
Deka,

Deparment Progam Cultura Ovcash Progam
Pret Name__ Kua Lye Porrmance Fr Peace Poet

esrb theater
‘Sat wil tecompli

program objectives

Kamba Lr

(Hot Performances

rumber of partepants and
‘umber ef tessene

WORK PROGRAM Page 2 of 2
.souegy

Form 4

SoH Rainn Shs Be nda

B, Work Program For Year XXIX- 2003

q
ea
eee

rece [2M J sede | ater

‘Yeo 0200 CD86 Dee Wak Porn

Type at Wortahop bela helt
ere Vunl_ Metin Are

wrt par
* Coxe pips,
‘monet ofp mence__

* Couper paricps_

“oof western

ofrripn ied ih wea

ot Paeyns said wih prema

UNTITLED-035
Form 6
Service Area Information

uumba Lyre Pertemance Fr Peace Project fyprerice As & opm As progam
. Project Name. pret _ fe

1D. Name and address of facility providing the services:

Clarendon Pak $01 N Carenon
Nanette Fs Se ore

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

wae commanty ana? cent Tt__3.

. Indicate Program Service Ares:
1, This project will provide services eltywideto al eligible individuals,
‘This project will primarily serve the following Ward(s), Community area(s), and Census trac(s):

we, 746 4826 commeiy Ant) 2523 Cer, 3.28523

‘What are the approximate boundaries ofthe ares from which your clients are drawn (specify by street name)?
son Hone ne

ax__mard Ore _ ete

FF, Low/Moderate Income Area Census Information
‘ot: Complete the char belo only your atv is aif unde the Asea Benefit Nato! Objective if he City Depart ad th Ofce
‘ot Budget nd Managennt hve determine th! he hate nd locaton of he acti wil ena at he mary of our cents wl be ow tnd
‘moder income in ccrsance with MUD ese (Form 3)

2. Total Low Mod Persons 3 Toa Pesons

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

‘Yur 300% 2003 C006 Dee Work Poprm = n

UNTITLED-036
e006 Nason Bleieseagty

A. Delegate__Kusnbo Lyne

B. Department Program, Cultural Outreach Program
Project Name__ Atte Atle & cop At progam

E, National Objective:

‘The qualifying National Objective is “Activites Benefiting Low and Moderate Income Persons”. Please check the
Tos San iSind propre nein cotton lated Velont Als, ony abdionel insroctons ie pero

{Area Benefit (LMA) (Fill outallof Form 6 ~ must be 51% or higher)

DG Limited Clientele LMC)* (Check the appropriate box below)

ce is limited to one or more ofthe followi
11 Seni ime one or mee ofthe fllowing groups presumed by HUD to be lowinoderte

Senior Citizens Homeless Persons

— Persons with Disabil _—_ teat Perens
= — Migant Workers
= — Persons Living with AIDS
Records areas which contain te osseold sine and total household income of
il ovtog har TSC teow and moderate Mincome often

Fc men be grind pe ede fan
0 Be Sains wate
checked, all Of FORM 6 must be completed).
enn —
convo
1) LM Housing cavin*
C1] LM Jobs mye

fF Note: All programs which directly benefita person household must compile the following informationduringthe upcoming
1) The tal numberof persons/households served: and
2) the total numberof clients which are

‘Moderate Income ‘American Indian or Alaskan Native
Low Income Hispanic

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

‘Yur 200% 209 C006 Deeg Work Pog 10

UNTITLED-037
Disarm i Toe Ud On For Onaga Agency Agreement Funded Whoty Trough Th Unig Sates Deparment Of
‘otang And Urban Gavsopment' Commanty Deviopmem Black Grant Program (eu KK) (Reveee 1a

UNTITLED-038
Budget Summary
Deegite_Kuumba Lynx
Dept. Program Cultural Oureach Program —__

Prose Mime Peace Berfarmance

eo Re

Department Cul Athi

Contract Term. From OOO To 12/49

43, Project Budget Summary for Year XXIX - 2008

Tiron pra

F, Year XXIX-2003 Aloeation $20,964

G. Ventor Cole #3.962496-A
HL Service Contract 41203

1 FunfiDept Organization 0672325150125-251

RECEIVED
JUN 13 2003
DCA-CULTURAL GRANTS

$17,000

$21,500

‘Materials ond Supplies S164

Equipment

(Other (please specify

1K. Percentage of ota project cont psd
‘by Other Share (cohim 4 coho §):_53

Path les

1. Delegate Authorization

“Gn Yodan bien

welt wach

TA Tiemas - Dopety Grnivsiner

Ye 202009 Cup agate Wet Pa

UNTITLED-039
A. Delegte guna.

Personnel Budget
Project Name

Project Apprentice ets Prog

B, Departmen Program Cultural Outech Progam ___D. Federal Employer Menicuion # 16424632:

E, Petonel Bs

Allocation for Yous XXX. 2003

ast coni) Pre Smo 9 Rene

© °
$10,000 |Prepwe financial rep
orts, book keeping
marketing materials,
fundraisers, contrac
work, and other coord
linating activities

a er

(10 Tal Penge ein A 1)

13 Tal Remand ot Ln a)

= 0120sime8
Dh Nes s520_| 2 o1sssie
0) Ste Venlo! ee 0 '$145.q0
(0 St Weer

D $93.00 | .0093 X prog. Admin
1) ea Z 3

an mt hag Sry Fr, 4

Yer 20285 CD80 Dee Wak Pea

6

UNTITLED-040
‘Non-Personnel Budget Form3
A. Delegate Kummba Lynx
B, Department Program Cultural Outresch Program
. Non-Persoanel Allocation for Year XXIX 2003
Tine Hem Descapion and fstfion
tem otexgendinre _| Account | CDBG shareofCox($) | Toul Costs) | Pease show stifcatons fr Teal Cot and CDBG Shar
Oo @ @ @ co)
Operating /Tecsical | 0100 3800 85,770 | Telephon, loca transpration, Pubiations, postage,
Professional tech services | 0140 ° $4,500 | Consultan fees for production and technical crows
Artistic Instructors oo $17,000 $17,000 | Payment to instructors to provide attic diretio in
poetry, dance, creative wring, music, creation of
student productions, curiculum development
Materials & Supplies] 0300 suse Costumes art supplies, tage materials, paper, pons and
office supplies
Frage Bénefis ous 3000 8st | Fringe Benefits of program administrator and artistic
instructors
TOTAL SHIA] SBE z

‘Year XXIX 2003 CDBG Delegate Work Progra

UNTITLED-041
LO OG.

wee 5997-76061

State of dilinois
©Mffice of
The Secretary of State

creas ARTICLES OF KICORPORATION OF
RUUMBA LINE

wg OF THR STATE OF 1bULGOI8 NAVE BEI

iE SECRETARY OF STATE AG PROVIDED BY THR

RPORATION ACT OF ThiIHOLE, Att FC

URPURATED UNDER THR
‘3h Il THR OFFICE OF
iba Wor FOR PROF:
Want ty ALD. 1967.

Therefore, 1, George H. Ryan, Secretary of State of the Slate of
vis, by virtue of the powers vested in me by law, do hereby issu
elu a copy uf the Application of tt

ceatificale and attach
said corporation sees

in Testimony Wherewf, | herete set my hand and cause ty be
affixed the Great Seal of the Stale of Mlineis:
at the City of S-ringfield, Unis 2m

day of ame A.D. 19 99 and of
the Independence of the United States the two
hundrea and

2am
Qeorge yY Lapin

Secretary of State

a4

UNTITLED-042
ARTICLE T
Offices

‘The corporation shall maintain in the State of Illinois
a@ registered office and registered agent whose office is

th Same as the registered office, and may have other
offices within or without the State of Illinois as the uoard
Of Directors may from tame to time determine.

ARTICLE 11
Hembers

The members of Une corporation shall be the persons
he rrom time to tame are Directors of the corporation,
hd Such other persons as are elected members from time
© time by the Board of Directors (the “Board"). An
enual meeting of members shall be held at the game place
nu time as the annual meeting of the Board and notice

£ such meeting shall be given, or waived, in the same
annec as notice of such annual meeting of the Board,

ARTICLE 111

goard of Directors

Section 1. Powers. The Board shall manage the
erations and affairs of the corporation.

ction 2. Number, Tenure and Quali€ications,
amber of birectors shall be not less than three nor
renUnan cwenty: ulcecturs snail pe elected by the Board
the annual mesting and shall hold office until the nexc
nual meeting of the scsrd, of until the election and
"yitacation of their respective Successors. Any vacancy
ceeee io une Gourd, oF any directorship to be filled
ibcon of any increase in the number of Directors, shall
sete) Of the Goard. "A Director elected to fill a vacan-
jd "Siebccorsnip resulcing from an increase in the

oot the Board shall secve until the next annual

{ng of Directors. Directors need not be res{dents
Ilineis.

UNTITLED-043,
f@eting Directors and
Sand transacting such other

before’the meeting.

Tf the eleccion
of both shall aot be held on the

dugignated herein for any annual meeting or at any
the Board shall cause the election

Uo bw held at a special meeting of the Board called as
goon thereafter as conveniently may be.

Section,4, Other Requiar Meetings. ‘The Board may

Pr: .1de Ly resolution the time and place, either within or
Without che State of Illinois, for the holding of additional
Feyulac meetings of the Board, without other notice than
such resolution.

Lon $. Special Meetings. Special meetings of
the

the hosed may be Called by, or at the request of ,
Peosident OF any two Directors, The person or persons
Laiting « special meeting may Zax any place either wichin

or without the State of Illinois as the place for holding

che meeting.

fn 6. Notice. Notice of the annual meeting of
the Board shall be given at least five days before the
meeting and notice of any special meeting at least two days
before the meeting by written notice delivered personally
or sent by mail or telegram addressed to each Director at
his o¢ her address as shown by the records of the corporation.
If mailed, such notice shall be deemed to be delivered
deposited in the United States Mail in a sealed
ope so addressed, with postage thereon prepaid. If

ce shall be deemed to be

when

telegraph, such not

when thé telegram is delivered to rhe

fey with evn prepaid. Neither the business

transacted at, nor the purpose of any regular or

a1 meeting of the Board need be specified in the notice

lve of notice of Une meeting unless specifically

rod by law or by these by-laws. Waiver of notice of
ing of the Board in wricing

ony annual of special me
Signed by any Oirector, wnetner before or after the time
Stared therein, shall te deere? equivalent to the giving

The attendance of a Director a

of notace to such Director
2 waiver of notice of such

y meeting shall conszitute

Meeting except where ¢ Director attends a meeting for the
epi i2 purpose of objecting co the transaction of any
busin ss Because Une meeting 1s not lawfully called or

UNTITLED-044
oA

Section 7. Quorum. One-thicd of the Directors
in vifice shall constitute a quorum for the transaction of
at any meeting of the Board. If a quorum is not

bus ness
present at any meeting. a majority of che Directors
Presnt may adjourn the meeting from time to time without
furthve notice.

sveer Manner Of Acting. The act of a majority

ne.
of the Directors present at a meeting at which a quorum
1S present shall be the act of the Board, except where
otherwise provided by law or by these by-laws,

Section 9. Informal Action. Any action required
to be taken at a meting of the Board may be taken without
amsting ia Consent in writing, setting forth the
Section $0 taken, i8 signed by all the Directors. Such
Consent shall have the same force and effect as a unanimous
und may be stated as such in any articles or

a-“lorc filed with the Secretary of State of Illincis.
ection 10. Compensation. Darectors shall not
becuse any Salary for thei® services as Director

ARTICLE IV

officers

tion 1. Designation and Election. The officers of
ene coeperation shall-consist of a President, one or mare
Vice Presidents, a Secretary, a Treasurer and such othe:
officers and assistant officers as the Board may deem
necessary. Officers shall be elected by the Board at its a
ennus! meeting (or if not then elected, at its first
meeting held after the tam prescribed for anu
Wezttng) £0£ 3 term of one year, or unti} the election and
qualification of their respective successors. Any vacancy

Gccurring smong the officers of the corporation, or any
Cecated by Une board, may be filled at any meeting
two ormore offices may be held by che

ct tne board. Any

any officey elected or appointed
Board may be removed by the Board whenever in its

by tre
jecvet? the beis arteres:s cf the corporation would ce
Sores thereby, But such removal shall be without prejudice
LO tm contrect rignts, if any, Of ene perwon a0 removed,

UNTITLED-045,
ction 3. pres The President shall be the
principal executive officer of the corporation. He or she
Shilt preside at all meetings of the members of the Board.
Silus may Sign with the Secretary, of any other officer

eo muinneized by the Bourd, all documents which the Board
eee tial Leet Ghucuted, Uxewpt in Casws
SS Mhatiiy ond Ghevutton Unereot una ll be aapreusly
Gel ysted by the Board or by statuce to some other officer
Or wjunt of the corporation: and in general shall perform al)
dui tes incident to the office of President and such other

dui ics es may be prescribed by the Board from time to tine

wction 4, VicuPresidents. The Vice President (or Vice
Presidents, in the order of their designation, if
{a duvignateds of in the order of shale e1

sped or ‘election! Vein the abi
rorrcnate iden: dues
veuni I igevacting, 8

ie loth Prewedant f
cine nay bo assigned £0 him or her by the President

no Board.

Thy Sucrecary of the corpor-
Board,

"Felp aiautes of tne meetingy Of I

TINT nu%a'caseoay of the corporate records) keep a register
Or iis post office address of each member which shall
bu tucalshed to the Secretary by such member; and shall,

pn general, perform all duties incident to the office of
and such other duties as from time to time

beerwesty,
to him or her by the President or by the

may be assigned
Board.

Treasurer. The Treasurer shall have
funds and securities of the corporation,
charge of the receipt and disbursement
Chow, genups a3 Stiwiwsse uirected by the Board. He
oe ‘to unall ip general pecfoem all the duties incident
to tne Otfice of Treasurer and cuch other duties au from
time Lo time may be agaigned to him or her by the Preeident
or Wy the Board. The Treasurer acting alone may exercise
sll tne pewer ef the corporation with respect 2o the
vase and sale, investment and reinvesement, care,
and protection of the corporation's property.

. eve crher then tnar of tne Treasurer shall ce
p ‘Fy 40 mave the uct of tne corporation valid with
fF j.eC to the signing of checks, transter of securities,
ewleatier of authcrity to fiscal agents, execution of

UNTITLED-046
proxies and designation: of depositories, and all other
fisesl matters which the Treasurer may deem necessary.

‘The Treasurer may vote in person or by progy all shares

of stock owned by the corporation and take any other
action in person or by proxy deemed advisable in connection
with the corporation's personal property.

ARTICLE V

“aun

Provisions

ncliun 1. Contracts and Instruments. The Board
muy wucioeize any officer or officers, agent or agentu to
ener into any centeact or execute and deliver any
instrument, of to sign checks, drafts or other orders for
the payment of money on behalf of the corporation. Such
authority may be general or confined to apecific instances.

The fiscal year ehall and

Section 2. fiscal year.
on Jee TF tack yore

ton Gifts. ‘The Board may accept on behelf
of tne corpozation any contribution, gift, bequest

or uevise for the general purposes or for any special
purpose of the corporation.

‘ction 4, peoks and records. The corporation
Koup cOrvect and complete books and recerds of account
Git Lull gino keep moutea of the proceedings of ite
imontwe3 and Board. All books and records of the corpore-
tin may be inspected by any Director or hia or her agent

cr attorney for any proper purpose at any reasonable tine,

shalt

ARTICLE VI

These by-laws may be alcered, amended or repealed
atu new by-laws may be adopted by'the majority of the
(oes present at any regular meeting or at any
31 meeting of the Board, provided that two days’
En novice cf such proposed action shall have been
n 1p the novice cf tne meeting, or waived by ei] the

ireztors in office.

UNTITLED-047
nnn eileen

‘he organization is organized exclusively for charitable,
religious, educational, and/or scientific purposes under section
501(c) (3) of the Internal Revenue Code.

No part of the net earnings of the organization shall inure to
the benefit of, or be distributable to its members, trustees,
officers, or other private persons, except that the organization
Shall be authorized and empowered to pay reasonable compensation
for aérvices rendered and to make payments and distributions in
furtherance of the purposes set forth in the purpose clause
hereof. No substantial part of the activities of the
organization shall be the carrying on of propaganda, or otherwise

attempting to influence legislation, and the organization shall
not participate in, or intervene =n! finci=di-g she publishing c=
fal carpaign cn tehall of

any candidate for public office. Notwithstanding any other
provision of this document, the organization shall not carry on
any other activities not permitted to be carried on (a) by an
organization exempt from federal income tax under section

501 (c)(3) of the Internal Revenue Code, or corresponding section
of any future federal tax code, or (b) by an organization,
contributions to which are deductible under section 170(c)(2) of
the Internal Revenue Code, or corresponding section of any future

federal tax code.

Ruumbs Lynx

36-4246321,

upon the dissolution of the organization, assets shall be
distributed for one or more exempt purposes within the meaning of
Section 501(c) (3) of the Internal Revenue Code, or correspondiny
Section of any future federal tax code, or shall be distributed

to the federal government, or to a state or local government, for

@ public purpo:

UNTITLED-048
EXHIBIT.E
INSURANCE REQUIREMENTS & INSURANCE CERTIFICATE

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

1) Workers Compensation and Emplovers Liability

‘Workers Compensation as prescribed by applicable law covering all employees who areto provide a service
‘under this Agreement and Employers Lisbility coverage with limits of not less than $100,000 each accident
or illness

2) Commercial General Liability (Primary and Umbrella)

‘Commercial General Liability Insurance or equivalent with limits of not less than $500,000 per occurrence
forbodily 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 liability arising directly or indirectly from the work or Services.

3) Automobile Liability (Primary and Umbrella)

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

4) Professional Liability
‘When any professional consultants perform work or Services in connection with this Agreement,
Professional Liability Insurance covering erors, omissions, or negligent acs, must be maintained
‘with limits of not less than $500,000. Coverage must include contractual liability. When policies
are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work or
Services on this Agreement. A claims-made policy which isnot renewed or replaced must have an
extended reporting period of 2 years.

5) Medical/Professional Liability

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

“hi Fam a Toe Used Ont For Delegate Agancy Agreements Funded Wholly Trough The Unite Saas Department OF
‘odsng An Urban Onvescpnen'sCommunty Deelopment Bick Grant Program (eur XH) WRaveed 102302)

UNTITLED-049
date must coincide with, or precede, start of work or Services on this Agreement. A claims made policy
which is not renewed or replaced must have an extended reporting period of 2 years.

©) Builders Risk

‘When any Contractor petférms any construction, including improvement, betterments, and/or repairs,
Contractor must provide All Risk Builders Insurance o 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 ofthis Agreement, Contractor
‘must furnish renewal certificates to the Federal Funds Insurance Unit atthe above address. The receipt of
any certificate does not constitute agreement by the City that the insurance requirements inthis Agreement
‘have been fully met or that the 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.
‘Noo-conforming insurance does not relieve Contractor of its obligation to provide insurance as specified
here. Nonfulfillment ofthe insurance conditions may constitute a violation of this Agreement, andthe City
retains the right to stop work or Services or terminate this Agreement until proper evidence of insurance is
provided.

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

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

Contractor agrees that insurers waive their rights of subrogation against the Cty of Chicago, its employees,
lected officials, agents or representatives,

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

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

‘The required insurance to be carried is not limited by any limitations expressed in the indemnification

Tanguage inthis Agreement ran imitation placed on the indemnity inthis Agreement given asa mater
of law,

‘a Frm it Yo Be Used Only Fer Datgate Agency Agreements Funded Wholy Trough The Unite Stsas Deparmect OF
‘eunng Ana Urban Onvlcpments Commun Deelopment Bick Grant Progra (eer XX) Revaed T0302).

UNTITLED-050
Contractor must require all Subcontractors to provide the insurance required in this Agreement or Contractor
‘may provide the coverages for Subcontractors. All Subcontractors are subject to the same insurance
requirements of Contractor unless otherwise specified inthis Agreement.

If Contractor or Subcontractors desire additional coverages, the party desiring additional coverages is
responsible forthe acquisition and cost of such additional protection.

‘The City of Chicago's Risk Management Division maintains the right o modify, delete, alter or change these
requirements.

C. __Ifyounced additional information related to insurance, please call the office ofthe City Comptroller,
at (312) 744-7923.

na Whoty Though The Unite Sats Dapartmen OF
‘Hossng and Urban Gnvelepmen’s Communty Deetopmant Back rant Program (You XB) Revieed 18232)

UNTITLED-051
ACORN CERTIFICATE OF LIABILITY INSURANCE Bnd
ce Tne UPON THE CERTIFICATE.

Frio auras a rinmctal Services De.
Pg ror RDS amar nee meeen,
Tamme ae

lg emane srences Comoe wwe

[Jenn [Jesonwer aa :
——————> —— a
Feet alia mal
ES scone Say

—

‘This certificate of insurance provides evidence of coverage only.

SERTRCATE ROLE,

City of onteaso.
Stotremert of eurtura) Arfatrs
Atta: eristina Davis

78 €. Mashingeon Street

fn Foor

Ghleage, TL 0602

EORD TE [ROTO FAK: GID TA-2OES

UNTITLED-052
at
Vacrole Financia? Group [titer te coverace ATToROeD BY rs POUCIES OM

RECEIVED
Oct 22 2002

tet

‘The City of Chicago 1s listed as adéitions] insured on the above policy, as their interest my appear,

"ERRNERTE ROCDER TS RS CARAT
gw of onenee ‘Comes re ben, be eas Sry momentos

Re erase paves “a2 Srewerertona Yo ee Soret nee Me
Deverteont of Cultural Affatrs Sram ons mu por nai woanto omer a

De, washington Street 4th Fl won a rn
Gricago, I 60602
FORTIES Fas Ge ae

UNTITLED-053

OF CHICAGO

By:
qe
ded By:
. Ba
C2)
missioner
EM tn
Grief Procurement Officer

KK vumnba Lyne

& )

ey:
Name:_—tacinda Hall

Tite: Exearhve Dit. (must be or executive director or comp. president)

Stare of Lliiadis
County of Cook
yh
‘This instrument was acknowledged before me on 2C_(date) by Ja Hall spacels of persons)
s ve “Ai (ope of authority, eg, officer, tse, et.) of

(name of party on behalf of whom instrument was executed),
‘Signature of Notary Public

* Inthe event that this Agreement is signed by any individual other then the corporate president o the executive
‘rector attach a copy of hat section of Corporate By-Laws or cther authorization, such as aresoluton bythe Board
‘of Dreciors, which permis the individual to sign the Agreement for the Contractor.

‘hs Fam it To Be Used Only For eiegateAgancyAgrements Funded Wholly Trough The United Stats Department Of
‘otning And Urban Cavecpment' Communty Devlopnem Blac Grant Progra (es XN) (aviv 12302),

UNTITLED-054