Contract Summary Sheet

Contract (PO) Number: 1337
Specification Number: 5666

Name of Contractor: ST AILBE HOUSING DEVELOPMENT
City Department: DEPARTMENT OF HOUSING

Title of Contract: CDBG-03-HOUSING RESOURCE CENTER

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

Dollar Amount of Contract (or maximum compensation if a Term Agreement) (DUR):
542,000 00

Brief Description of Work: CDBG-03-HOUSING RESOURCE CENTER

Procurement Services Contact Person: ELISE MANN,

‘Vendor Number: 50061881
Submission Date:

APR 0 1 2008

UNTITLED
Purchase:_1337
‘Supplier/Vendor Code #:_s0061861 7
‘Maximum Compensation: $, 42,000.00
DELEGATE AGENCY AGREEMENT
BETWEEN
THE CITY OF CHICAGO
DEPARTMENT OF HOUSING

and
Saint Ail lousit i nt C ration
St. Ailbe’s Washington Heights/Burnside Community Dev. Corp.
(CONTRACTOR)
(6086 Program

CFDA. Number -14.218

From JANUARY 1, 2003 TO DECEMBER 31, 2003

‘Tm Form a To Be Used Only For Delegate Agency Agremants Funded oly Through The Unied States Department Of
‘easing And Urban Deetopment's Commumty Development Block Grant Program (Year XX) (Revised 12302)

UNTITLED-002
‘Signed at Chicago, iMimors

CITY QF CHICAGO. sew

Recommended By:

(Ped etace

SOT DiLBE HOLS DEVELOPAIYT CORP. /st. asibe's

Washington Heights/Bumside Coan. Dev. Corp.

Namme"__J@2H) PRES)

Tite’ PRESIDENT (must be or executwe director or corp president)

State of LAUDS
County of Code
gg Ttimgment yas aknowieiged before me one (Gate) by _30Hy BRESin/_(name’s of person/s)
(ope of authonty, eg, officer, ties, ete.) of eau BBE

(same of party on behalf of whom mnstrument was executed).

St. Allbe's Washiagton Holehte/pupsajce Conmpity Developer: Core
ae Public

aay ase aes

sa Connon en e008
* Inthe event that this Agreement is signed by any indeidual other than the corporate president or the executive
‘rector, attach a copy ofthat secton of Corporate By-Laws or other authorization, euch a8 a resoluton by the Board
(of Drectors, which perms the individual to sign the Agreement for the Contractor

pert

‘The Form a To Be aed Only For Delete Agency Agreements Funded Whit Trough The United Sates Department Of
‘oteing And Utan Development's Commumty Developmen Back Grant Program (Yeu XX (Revised 250)

UNTITLED-003
GREE!

Tiss Agroarent is entered nto as ofthe 1 dey of samuany 2008 by and between,

ibe Housing Dev. Corp, It. Ailbe's Ws m i lopment
corporation (Contec) whose malingsdaress i
{9015 South Harper Avenue , Chicago, illinois 60619, and the CITY OF CHICAGO ("City"), a municipal

‘corporation and home rule unit of local government existing under the Constitution ofthe State of linols,
‘acting through its DEPARTMENT OF HOUSING ("Department whose mailing address Is:
‘318 South Michigan Avenue, at Chicago, ilinois.

BACKGROUND INFORMATION

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

‘The City Council of Chicago has appropnated CDBG funds to be used for Housing Resource
‘Center (HRC) [program name] and the City desires to enter into this Agreement to provide such
housing, ling environment and economic opportunites.

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

‘This Agrooment will ake effect as of January 1, 2003 and continue through

December 31, 2003 (“Term”), or until the Services are completed or until this Agreement is terminated,
Whichever occurs first. Contractor wil completo the Services tothe satisfaction of the City no later than
December 31, 2003,

‘Any payments under this Agreement wil be made from Fund Number #05-0067-0712590-0135
and are subject to annual appropnation and availabilty of funds The maximum compensation that
Contractor may be paid under this Agreement, without an amendment to this Agreement authorizing a
higher amount, 1s § 42,000.00 (the Maximum Compensation”)

Now, Therefore, the parties agree as follows:

‘Ths oem is To Be Use Only Fer Delegate Agency Agreements Funded Whally Through The Une Stats Department Of
"ousing And Urban Dovelopmen's Community Developmen Blok Grant Program (Vet XX8) Rowand T0203)

UNTITLED-004
‘The Background Information 1s incorporated by
reference.

ARTICLE 2
‘TERM AND FUNDING.

21 CONTRACT PERIOD

‘The Term of this Agreement 1s noted in the
Background Information. Also, the Contractor
‘acknowledges that in the performance of the
Services, TIME 1S OF THE ESSENCE

2.2 PROGRAM FUNDING

‘Any payments under this Agreement willbe made
from the Fund Number shown in the Background
Information andis subyect to annual appropnation
and availablity of funds. The Maxmum
Compensation that Contractor may be paid
without an amendment authonzng a higher
‘amount, 1s noted in the Background information.

The City, ints sole discretion, may reduce the
Maximum Compensation at any tme, upon
written notice to the Contractor. Upon reduction
of the Maximum Compensation, the Contractor
wil fuly cooperate with the City’s deobiigation
andlor reprogramming of funds.

23 EXTENSION OPTION

‘The Chef Procurement Officer of the City of
(Chucago (Chief Procurement Officer") may. prot
to this Agreement’s expiration, extend this
‘Agreement for up to 2 additonal years, each
‘penod not to exceed 1 year, by wntten notice to
the Contractor

‘Terms and Conditions -P
24 EARLY TERMINATION

‘The City may terminate this Agreement, or any
portion of it remaining to be performed, at any
time, upon wntten notice to the Contractor Ifthe
‘Agreement is termnated by the City, the
Contractor wil deliver to the City all ished or
Unfinished documents, data, studies, and reports
prepared by the Contractor under this
Agreement. Payment for the work performed
before the effective date of such termination will
‘be based upon a proration of the work actually
performed by the Contractor to the date of
ermnaton, as determined by the Chef
Procurement Officer. Payment made by the City.
pursuant to such proration, will be in full
settlement for all Services rendered by the
Contractor.

2.5 CONTRACTOR CONTRIBUTIONS

‘The Contractor will contribute to the payment of
‘expenses incurred in performing the Services, the
amounts, if any, desenbed in Exhibt C The
Contractors contribution will be cash oF n-kind

2.8 _NON-APPROPRIATION

If no funds or insufficient funds are appropnated
and budgeted in any City fiscal penod 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 eater of the last day ofthe fiscal period for
Which suffaent appropriation was made or
whenever the funds appropnated for payment
under this Agreement are exhausted. No
payments will be made or due to the Contractor
Under this Agreement beyond those amounts
‘appropnated and budgeted by the City to fund
payments under this Agreement

‘Ts Form Te Be Used On For Delegate Agency AroemantsFundes Whoty Trough The Unied States Desatment Of
‘ovaing ang Urban Oevelopments Commun Gavlopman lac Grant Program We XD) Revised 102388)

UNTITLED-005
ARTICLE 3
DUTIES OF THE CONTRACTOR
34 SCOPE OF SERVICES
(WORK PROGRAM)

‘The Contractor will cary out the Services
‘pursuant fo the Scope of Seruces (Work
Program), attached as Exhibt 8 and
Incorporated by reference, and the Budget
‘Summary attached as Exhibit C and
incorporated by reference, n accordance with
the requirements of this Agreement. The
‘Scope of Services (Work Program) is intended
to be general in nature and is neither 3
‘complete descnption of the Contractors
‘Services nora limitation on the Services which
the Contractor will provide.

3.2 STANDARD OF PERFORMANCE

‘The Contractor will perform all Services under
this Agreement with the degree of 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 se its best efforts on behalf of the City to
assure timely and satisfactory completion of the
‘Sermces

If the Contractor fais to comply with the
‘Standard of Performance, the Contractor wil
‘continue to perform any Services required by
the Cty as a result ofthe failure This provision
sm no way limits the City's legal or equitable
fights against the Contractor.

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

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

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

‘A. tthe Contractor's Scope of Services
(Work Program) is solely imited to
‘social services (including, but not imited
1, 0b training and placement,
‘educaton, child day care, emergency
‘shelter, home-delivery meais and health
care), the Contractor need not comply
with the Minority-Owned and Women-
(Owned Business Enterpnse
Procurement Program (the "MBEWBE
Ordinance”). Municipal Code of the City
(of Chicago (the "Munrcipal Code")
Section 2.92-420 et sea.

B. If, however, the Contractor's Scope of
‘Services (Work Program) includes
‘construction, renovation, rehabilitation
or facity enhancement, the Contractor
‘must comply with the MBEWBE
Ordinance, except to the extent waved
by the Chuef Procurement Office.

‘Tus Fermi Toe Used Ony For Dlagate Agency Agreements Funded Whol Trough The Unted Slates Deparment Of
‘Nosung Ana Urton Onvlopmens Communty Development Block Gran Program (Yat XN) (Revise 10232

UNTITLED-006
3.5 NON-DISCRIMINATION

A

Federal Requirements

In performing the Services under this
‘Agreement and m tts employment
practices the Contractor must nat

1. falorrefuse to hire or discharge = B.
any individual, or otherwnse
discnminate against any
individual with respect to his or
hher compensation, or the terms,
conditions, or privieges of his or
her employment, because of
‘such indiaduat' race, color,
religion, sex, age, handicap or
rational ongin, or

ih, it, segregate, or classy ts
employees or applicants for
employment in any way that
would deprve or tend odeprve
‘ny indiwdval of employment
pportuntes or otherwise
‘versely affect the individuals
status as an employee, because
ofthat nduduats race, cole,
religion, sex, age, handicap or
national ong.

In discharging the
responsibities required by the

terms and conditions ofthis

‘Agreement, the Contractor wall

Comply with the Gil Rights Act

of 1984, 42 US.C § 2000 et o.
‘sea, Executive Order No

11246, as amended by

Executive Order No. 11375 and

bby Executive Order No. 12086;

the Age Discmination Act of

1975, 42 USC §§ 6101-6106,

Title DX of the Education

Amenaments of 1972, as

‘amended (20 U S.C 1681-83

‘and 1685-86), the Rehabiation
‘Act of 1973, 28U SC §§ 793-

“Tu Frm t Yo Be Usd Ony Fr Dtegate Agency Agrotmans Funded Whol

Terms and Conditions - Page 3 of 23,

794, the Amencans with
Disabilves Act, 42 U.S.C §
12101 etseq.;41 CF R 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
1LCS 5/1-101 et seq., the Puble Works
Employment Dscamination Act, 775
ILCS 100.01 et seq, and any rules anc
regulations promulgated thereunder,
Including, but not lmvted to, the Equat
Employment Opportunty Clause, 44 I
‘Admin, Code § 750 Appendix A, and all
cther applicable state statutes,
regulations and other laws.

ity Requirements
In performing the services under this
‘Agreement, the Contractor wil comply
with the Chicago Human Rights
‘Ordinance, Municipal Code § 2-160-
010, and ail other applicable City
fordinances and rules Further, the
Contractor must furnish, and cause
every subcontractor to furnish, such
reports and information as may be
requested from time to time by the
‘Chicago Commission on Human,
Relatons

‘Subcontractors Required to Comply
‘The Contractor will ncorporate all of the
provisions set forth in this Section in all
Subcontracts entered into with all
suppliers of matenals, furnishers of
services, subcontractors of any ter, and
labor organizations which furnish skilled,
Lunskiled and craft union skiled labor, oF
which may provide any matenals, labor
fr services in connection with this
‘Agreement.

‘Through The United States Deparment OF

‘owing hn ean Beviopment's Commanty Deepen Back rant Program (eur XN) arsed Tosa)

UNTITLED-007
‘The Contractor must cause its
subcontractors to execute such
Certficates as may be necessary in
furtherance of these provisions Such
Certfications wall be attached anc
incorporated by reference in the
applicable subcontracts If any
‘subcontractor is partnership or joint.
venture, the Contractor wil also mclude
provisions in its subcontract msunng
thatthe entites comprising such
partnership or jont venture wilt be jornty
‘and severally liable for the partnership's
or joint venture’s obligations under the
subcontract

3.6 INSURANCE

Contractor must provide and maintain or
Cause to be provided dunng the term of
this Agreement the insurance coverages
and requrements specified in Exhibt E,
insunng all operations related to this
‘Agreement Contractor must submit
Certificates of Insurance of the required
‘coverage's prior to this Agreement
being fully executed tor

City of Chicago
Comptroller's Otfice

Federal Funds Insurance Unit
33 North LaSalle Street
Room 800

‘Chicago, tinows 60602

3.7 INDEMNIFICATION

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

injury, death or damage of or to
any person or property,

‘Terms and Conditions - Page 4 of 23

i, any infngement or violation of
‘any property nght (including any
Patent, trademark or copynght),

failure to pay or perform or
cause to be paid or performed
Contractor's covenants and
‘obligatons as and when required
under this Agreement or
‘otherwise to pay or perform its
‘obligations to any Subcontractor,

Wv, the City's exeraise of ts rights
and remedies under ths
‘Agreement; and

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

"Losses" means, individually and
collectively abies of every kind,
including losses, damages and
‘reasonable costs, payments and
‘expenses (such as, but not lmted to,
‘court costs and reasonable attorneys’
fees and disbursements), cams,
demands, actons, suis, proceedings,
judgments or settiements, any or all of
‘which in any way anse out of or relate to
the acts or omissions of Contractor, ts
‘employees, agents and Subcontractors.

At the City Corporation Counsel's
‘option, Contractor must defend all suits
brought upon all such Losses and must
pay all costs and expenses incidental to
them, but the City has the nght, at its
‘option, to participate, atts own cost, n
the defense of any sult, wthout reteving
Contractor of any of ts obligations
Under this Agreement. Any settlement
‘must be made oniy with the por wntten
Consent of the City Corporation
Counsel, i the settlement requires eny
action on the part of the City

‘Ths Fom eT Be Used Ony For Delegate Agency Agreements Funded Whol Through The Und States Deparment Of
‘ewung And Urban Developments Conmunty Developmen Black Gran Program (Yee 208) Revises 102302)

UNTITLED-008
To the extent permissible by iaw,
Contractor waives any limits to the
amount ofits obligations to indemnity,
defend or contnbute to any sums due
Under any Losses, including any claim
by any employee of Contractor that may
be subject to the Workers
Compensation Act, 20 ILCS 305/1 et
‘Sea, oF any other law or judiaal decsion
(such as, Koteck v Cyclops Welding
‘Comoration, 146 i. 2d 155 (1991)

‘The City, however, does not waive any
limitations it may have on its kabity
under the linois Workers
‘Compensation Act, the lins Pension
Code or any other statute. Contractor's
waver under this prowsion, however, 15
‘not intended and does not require
Contractor to indemnity the City for the
Gity's own negligence in violation of the
CGonstructon Contract Indemnification
for Negligence Act “Anthindemnity
Act’), 740 ILCS 35/0.01 et sea, fthe
‘Antiindemnty Act applies.

‘The indemnives contained in this
‘section survive exprration or termunation
Of this Agreement for matters occuring
fr ansing during the term of this
‘Agreement or as the result of or dung
the Contractor's performance of
‘Services beyond the term Contractor
acknowledges that the requirements set
forth in this secton to indemuty, keep
‘and save harmless and defend the City
‘are apart from and not inited by the
Contractor's dutes under this
‘Agreement, including the insurance
requirements under Section 36 In the
event that a court or other governmental
authority having competent junsdicon
determines any portion or provision of
ts Section to be moperative or
unenforceable pursuant to the Ant-
Indemnity Act, the inoperative or
unenforceable portion or prowsion wall
be deemed severed and deleted, and

‘Terms and Conditions - Page § of 23

the remaining provisions wall remain
‘enforceable fo the maxmum extent
permitted by applicable law.

3.8 NON-EXPENDABLE PERSONAL
PROPERTY

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

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

All Norvexpendable Personal Property will be
the property ofthe City to the extent that such
broperty not the property of the federal
goverment or the State of lino

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

‘The Contractor will return all Non-expendable
Personal Property to the City, upon the
termination of the Services, completion of this
‘Agreement or at any me requested by the
Deparment However, upon the receipt of the
final inventory of all Non-expendable Personal
Property, the City may allow such property 10
remain in the possession of the Contractor
the City, in ts sole discretion, determines that
the Non-expendable Personal Property
‘nevessary for the performance of any new or
‘other services by the Contractor for the Cty

3.9 SUBCONTRACTS
All subcontracts and all approvals of

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

‘Tas Ferm is To Be Used On For Onaga Agency Agreements Fundea Whaly Trough The Une States Deparment Of
ovsing And UrsonDrelopments Commun Cavecpmen lock Grant Progam feat XN) evaad 07302),

UNTITLED-009
by the subcontractor n accordance with the
terms and conditions of ths Agreement. The
approval of subcontractors will under no
cercumstances operate to relieve the Contractor
of any of ts obligations or liabilities under this
Agreement.

Upon entering into any subcontract, the
‘Contractor wal fumush the City wth 1 copy of
the subcontract for distnbution to the Chief
Procurement Officer and the Department All
subcontracts will contain provisions that require
the Services to be performed in stnct
‘accordance wth the terms and conditions of
this Agreement and that the subcontractor is
‘Subject to all ofthe terms and conditions of this
‘Agreement, including the nghts of the City to
‘approve or disapprove of the use of any
‘subcontractor AS long as such subcontracts
40 not prejudice any ofthe City’s nghts under
this Agreement and do not affect the quality of
the Serves to be rendered in any way,
subcontracts may contan different provisions
than are provided inthis Agreement.

3.10 PROGRAM INCOME

‘The Contractor wil return tothe City all gross
income received by the Contractor that 1s
directy generated by the use of funds recewed
from the City (Program Income"), in any form
‘or manner the City requres. Program Income
includes the following

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

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

C. gross income from the use or rental of
‘eal or personal property acquired by
the Contractor wth City funds, less the
‘cost ncxcental tothe generation of such
Income,

at

‘Terms and Conditions - Page 6 of 23

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

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

Interest eared on funds held in a
revolung fund account;

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

funds collected through special
‘assessments made agamnst properties
‘owned and occupied by households of
low and moderate income persons
‘where such assessments are used to
recover all or part of the Citys portion of
‘ public improvement

RELIGIOUS ACTIVITIES
Defintions:

“Pervasively Sectanan Organization”
‘means an organization whose pnmary
purpose is religious, such as a church,
synagogue, mosque, reigious pnmary
oF Secondary school, or corporate entity
which includes such religious uses

“"Religiously Afiated Organization”
‘means an entity wth a secular purpose,
hich i affiiated with 2 Pervasively
Sectarian Organization or whose
‘members are motwated by a religious
purpose

“Lne-ttem-Services Agreement’ means
‘an Agreement for the promsion of items
. meals, vaccinations, etc.) oF
Services (e.g., homeless services, ob
framing, child care, medical care, etc)
which sets forth each particular type of

‘asa Tye eon Fr onto here Arwen Funda Wy Tough he te Sta Depart OF
Communty Development

etwing hea Uraon Dveonments

‘Block Grant Program (our 000 Revised 0233)

UNTITLED-010
Terms and Conditions - Page 7 of 23,

expenditure for which Contract amounts Services or termination of ths
are to be spent, and which is based on ‘Agreement in accordance with ts terms,
the number of persons to be served whichever occurs earter.
‘The Contractor warrants that in Ef the Contractor is a Religiousty
providing the Sernces. <Affiated Organization and t recewes
funds under this Agreement for
1. wal not discrimnate against Construction, rehabilitation or facilty
‘any employee of applicant for ‘enhancements CImprovements") of
smployment on the basis of ‘premises, the Contractor warrants that
religion and wil not lit the premises will be used for wholly
‘employment or give preference ‘secular purposes and that f, unng the
to persons on the basis of Useful fe of the Improvements, the
religion, unless otherwise promises are ever used for any religious
expressly allowed by law; purposes by the Contractor, its
Successors or assigns, the Contractor
1, willnot discrminate against will remburse the City for the present
any person applying for the value of the Improvements, up to the
‘Services on the basis of religion amount of funds provided by the City for
‘and will not iit the Sernces or the improvements
‘ave preference to persons on
the basis of reigon; F. The Contractor's breach of any of the
warranties descnbed in this Section
ii, it wil not provide religious ‘3.11 in additon to any other remedies
instruction, conduct religious ‘available at law, in equity or under this
‘worship or services, or engage in ‘Agreement, entities the City to vor this
religious proselytizing, nor, ‘Agreement and recapture all funds
Unless otherwise expressly {ven to the Contractor under ths
allowed by law, wilt provide ‘Agreement.

religious counseling or exert
‘other religious influence in the

provision of the Services.
3.12 DRUG-FREE WORKPLACE
It ts Agreement is any type of
‘agreement other than a Line-item- ‘The Contractor must administer a policy
Services Agreement, the Contractor designed to ensure thatthe program facility 1s
warrants that it's not a Pervaswely free from the ilegal use, possession, or
‘Sectanan Organization. istnbution of drugs or alcohol by its
beneficanes. The Contractor must further
Ifthe Contractors a Pervaswvely rmaintan a drug free workplace In accordance
‘Sectanan Organization, then Contractor __with the requtrements of the Drug Free
warrants that will not use any funds Workplace Act of 1988 (Pub. L_ 100-680 and
received under this Agreement for any 24C.F.R Part 24, Subpar F)
‘general purposes of the Contractor, and Drug Free Workplace Act (30 ILCS'S80/1 et
‘hat it will retum tothe City any such 320.) and must implement specific policies and
funds nat spent by ton the Services, ‘guidelines as may be adopted by the Cty In
promptly upon completion of the

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

Contractor wil establish procedures and
polices to promote a crug ree workplace.
Further, Contractor wil notty all employees of
ts policy for maintaining a drug tree workplace,
{and the penaltes that may be imposed for drug
abuse volatons occuring in the workplace.
‘The Contractor will notfy the City any of is
‘employees are convicted ofa cominl rug
‘offense nthe workplace no later than 10
Calendar days ater such conviction.

3.13 ACKNOWLEDGMENT OF FUNDING
SOURCES

‘A. The Contractor wll not make any public
announcement with respect to the
Services without the prior written
‘approval ofthe City. The Contractor wll
‘conspicuously acknowledge the co-
‘sponsorship of the City on all
promotional materials cluding, but not
limited to, brochures, fyers, wntten or
‘electronic public notices, news releases,
public service announcements,
‘acknowledgments at any special events
intended to promote the Services, or
Solicitation of the prvate sector The
Contractor wil not attribute any
statement to the City without the City's
nor wntten approval

All reports, maps and other documents
‘Completed as part of this Agreement,
‘other than documents exclusively for
intemal use within the City, wal contain
the following information mn 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,

ithe month and year of,
preparation, and

Ill, the name ofthe project.

B. Also, ifthe Contractor is expending
{federal funds under this Agreement, the
Contractor, when issuing statements,
press releases, requests for proposals,
bd solcitatons, and other documents
describing projects or programs funded

in whole or in part with federal money,

will early state:

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

the dolar amount of federal
funds forthe project or program;
and

Ill, tne percentage and dolar
‘amount of the total costs of the
[projector program that will be
financed by nongovernmental
sources

‘Such statement must not represent or
suggest in any way that the views
expressed are those of the federal
‘goveriment.

ARTICLE 4
‘REPORTING, MONITORING &
DOCUMENTATION

4.4. REPORTING REQUIREMENTS

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

‘Tm Form To Be Used Ony For Dsegate Agency Agrnmans Funded Whol Through The United States Daoarment Of
ounng Ard Urtan Development's Communty Development Back Grant Program (en 008 Revised 1/2383).

UNTITLED-012
42 RECORDS

‘The Contractor will maintain and make
avaiable to the Cit information such as, but
‘ot ited to, dates of and reports or
memoranda descnbing the Contractor's
activities that 1s necessary to assist the City m
‘ts compliance with al applicable laws The
‘Contractor will maintain ali documents
Pertarning to thes Agreement including, but not
limited to, all nancial, statistical, property and
parteipant information documentaton.

‘The Contractor wil retan books,
dosumentaton, papers, recerds and accounts
in connection with this Agreement in a safe
place for at east 5 years after the City and,
‘pplcabo, the federal government determines
that the Contractor has metal coseout
requrement for his Agreement, and wal keep
them open to aut inspection, copying,
abstracing and transenpton, and wil make
these records avaiable tothe Cty, the Unites
States Comptoir General or the Autor
General of te State of lino at reasonabe
times dunng the performance of ts Seraces.

lt Contractor conducts any business operatons
‘separate {rom the Serwces using any

personnel, equipment, supplies oF facities also
Used in connection with ths Agreement, then
Contractor will maintain and make available to
the City the U.S Comptroller General and
‘Author General ofthe State of Ilinois detailed
records supporting Contractors allocation of
the costs and expenses attnbutable to any such
shared usages

‘The Contractor wil maintain books, records,
‘and documents, and will adopt accountng
procedures and practices sufficent to reflect
roperiy all cosis of whatever nature claimed to
hhave been incurred and anticipated to be
incurred for orn connection wath the
performance of this Agreement. This system of
accounting must be in accordance with

Terms and Conditions - Page 9 of 23

generally accepted federal accounting
Dneiples and practices, as set forth n the
applicable OMB Circulars A-21, A-87, A-102,
A110, A122 and A-133

‘The Contractor's failure to mamntain any books,
records and supporting documents required by
this Section wil establish a presumption in
favor ofthe City for the recovery of any funds
ad under this Agreement for which adequate
Dooks, records, and supporting documentation
‘are not avallable to support thei purported
‘disbursement.

‘No provision in this Agreement granting the City
‘a nght of access to records and documents
impats, lmits or affects any right of access to
such records and documents that the City
would have had inthe absence of such
rowsions

43° AUDIT REQUIREMENT

Ifthe Contractors a not-for-profit corporation
‘and 1s expending federal funds under this and
‘other agreements totaling $300,000 or more
ddunng its fiscal year, it must submit an audit
Conducted in accordance with OMB Circular A-
193 (entitled "Audits of States, Local
Governments and Non-Profit Organizatons"),
the compliance requirements set forth in OMB
‘Compliance Supplement, and any additonal
testing and reporting required by the City, If an
‘8-133 audit is required, that audit must cover
the time period specified by OMB Circular A-
133 and its implementing reguiatons.
Organizationwnde audited financial statements
‘must, at a minimum, cover the Term of this
Agreement.

It the Contractor isa for-profit ent, then iis
subject to the annual aucit requirements under
generally accepted government auditing
standards (Government Auditing Standards)
promulgated by the Comptroller General of the
Unites States (for-profit entites)

‘Ths Forms T Be Used On For Delegate Agency Agreements Funded Woy Through Th Une State Daparect OF
Nouaing Ans Ursa Cewlopments Communty Dnveopman lack Gran Progra (esr XX) vied 10232)

UNTITLED-013
‘The Contractor acknowiedges that the City may
perform, or cause to be performed, vanous
‘monitonng procedures relating tothe
Contractor's award(s) of federal funds,
including, but not imited to, “kmted scope
‘audits of specific compance areas.

‘The Contractor must submit the audit reports
vwathn 6 months after the end of the auc
penod The Contractor must submit the aud,
within this time frame, to the Department and
to:

Cty Department of Finance
Internal Audit

Audit Compiance Unit

33 North LaSalle Street, Room 800
Chicago, linois 60602

lf an OMB audit is required, the Contractor wil
also send a copy of the audit, within the same
‘ume frame indicated in Sec. 320 of OMB
Greuiar A-133, to:

Federal Aust Cleannghouse
‘Bureau of the Census

1201 E 10th Street
Jeffersonvile, IN 47132

Further, the Contractor must submit, with the
‘audit, a report which comments on the findings
‘and recommendations in the audit, icuding
‘corrective action planned or taken. Ino action
1s planned o° taken, an explanation must be
Included Copies of wntten communicatons on
rnon-matenal complance findings must be
‘submitted to the Department and the City
Department of Finance

‘The Cay retains its nght to dependently audit
the Contractor.

It the Contractors found in non-compliance
with these audit requirements, by ether the City
Cr any federal agency, the Contractor may be

‘required to refund financial assistance recewed

Terms and Conditions

from the City or the applicable federal
agency(tes)

44° CONFIDENTIALITY

All reports, deiwerables and documents
prepared, assembled or encountered by or
provided to the Contractor under this
‘Agreement are property of the City and are
‘confidential, and the Contractor warrants and
represents that, except as may be required by
law, the reports, deverables and documents
ot be made available to any other
indivdual or organizaton without the prior
vwntten consent of the Commissioner of the
Department ("Commussioner). The Contractor
will mplement measures to ensure that is staff
‘and its subcontractors will be bound by this

age 10 of 23,

releases or grant press interviews, and except
‘as may be required by law dunng or after the
performance of this Agreement, disseminate
any informaton regarding tts Services or the
project to which the Services pertain without the
prior written consent of the Commissioner

When the Contractor is presented with 2
request for documents by any administrative
‘agency or with 2 subpoena duces tecum
regarding any records, data or documents
which may be m the Contractors possession by
‘reason of this Agreement, the Contractor will
immediately give notice to the Commissioner
{and the City’s Corporation Counsel with the
‘understanding that the City wil have the
‘opportunty to contest such process by any
‘means availabe toi, before such records or
documents are submited to @ court or other
tturd party The Contractor will not be obligated
to withhold such delivery beyond that me as
‘may be ordered by the court or admnnstrative
agency, unless the subpoena or request 1s
Quashed or the time to produce 1s otherwise
‘extended

‘Thus Form a To Be Used Ooty For Deloate Agency Agrnmants Funced Why Through The United Stats Department Of
‘eusng ana Urean Developments Communty Deepa! Bier Gran Program (Yee 2X0) (Revd 102302)

UNTITLED-014
To the extent not defined here, the captalzed
terms in Exhibt A-1.3 will have the same
‘meaning as set forth in the Health insurance
Portability and Accountabilty Act (Act). See 45
CER parts 160 and 164. Contractor and alls
‘subcontractors must comply withthe Act and all
‘ules and regulations applicable to itinciuding
the Pnvacy Rule, which sets forth the
‘Standards for Privacy of Individually Identfiabie
Health Information at 45 CFR part 160 and part
1164 subparts A and E; and the Standards for
Electronic Transactions, which are located at
45 CFR parts 160 and 162,

‘Additonal, i Contractoris a Business Associate
it must comply with all requrements of the Act
applicable to Business Associates including the
provisions contained in Exhibit A-t 3

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

4.5 MONITORING
‘The Contractor wl allow the City

Ato have access at allies to all facives
Supported under this Agreement
whenever requested by appropnate staff
members of the Cly,

B. to have access at all tmes to all staff
Supported under this Agreement
whenever requested,

fo make physical inspections of the
Premises used by the Contractor in the
performance of the Services and to
‘equre such physical safeguards to
‘safeguard the property andior equipment
autnonzed including, but not imited to,
fequinng locks, alarms, safes, fre
‘extinguishers and spnnkier systems, and

‘Terms and Condition

Page 11 0f 23,

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

The Contractor will make staff available on 3
‘regular basis at meetings convened by the
Department, for the purpose of, but not limited to,
‘making presentations, answenng questions, and
addressing issues related to the Services. “The
Contractor's chie! execute officer, or their
designee, will participate in all delegate agency
conferences.

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

Nothing inthis Agreement will be construed as
restncting or otherwse limiting the nghts of the
Cty toward the appropnate management of this
program.

4.6 INTELLECTUAL PROPERTY

‘A. Patents and Copyrights

‘The City reserves an exclusive, perpetual
and ievocable license to reproduce,
publish orothermse use, and to authonze
others to use, for Cty purposes,
including, but not imited to, commercial
expiottaton:

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

Hl anynghts of copynght or patent to
which the Contractor purchases
‘ownership withthe funds awarded
pursuant to this Agreement

‘Ts Form eT be Uses On For Delegate Agency Aoreumarts Funded Whol Through The Usted States Deparment Of
‘owsng hn Urtan Develpmants Communty Deveopment Blok Grant Program (Yee 3) (ened 12502)

UNTITLED-015,
Ite federal goverment determines that
2 patent or copyright which is developed
or purchased by the Contractor serves a
federal government purpose. a royalty-
free, non-excuswe and. wrevocable
license will vest in the federal
government.

‘Any discovery or invention ansing out of,
(or developed in coryuncton with the
Services will be promptty and fully
reported to federal goveriment for a
determinaton as to whether patent
protection on such inventon or discovery
should be sought The nghis to such
patent will be administered as set forth
‘above and in 37 C.F.R. Part 401

nership of Docut
‘Al required submiftais, including but not
limited to work products, matenais,
documents, and reports, fay, described
1m Exhibit 8, wil be the property of the
ity. Dunng the performance of the
Services, the Contractor will be
responsible for any loss or damage tothe
documents while they are in its
possession and any such document lost
for damaged wil be restored at the
expense of the Contractor if not
restorable, the Contractor will be
responsible for any loss suffered by the
‘City on account of such destruction. Full
‘access 10 all finished or unfinished
documents, data, studies and reports to
be prepared by’ Contractor hereunder
<dunng the performance of Services will be
avaliable to the City dunng normal
business hours upon reasonable notice

Hold Harmless

Uniess prohibited by state law, upon
Fequest by the Federal government,
Contractor wil ndernnity, save, and hold
harmless the City and ts officers, agents,
‘and employees acting within the Scope of

‘Tecms and Conditions - Page 12 of 23

therr offical dutes against any lablty,
cluding costs and expenses, resulting
from any wilful or intentional volation by
the Contractor of propnetary nghts,
Patents, copynghts, or nghts of prvacy,
_ansing out ofthe publication, translation,
reproduction, delivery, use, or disposition
(of any matenal or data produced under
the Agreement.

ARTICLE 5
COMPENSATION

5. BASIS OF PAYMENT

‘The Contractor will be compensated for Services
performed andlor costs expended pursuanttothe
Budget Summary contained in Exhibit, which =
‘attached and incorporated by reference

5.2 METHOD OF PAYMENT

The Contractor will submit MONTHLY
requistions 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 rembursement wil be on a form
provided and approved by the City. The City wil
process the payment within 60 calendar days
followng submission.

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

‘The Contractor waives all nghts to payment the
‘request forrembursement's submited later than
45 calendar days following the termination or
‘completion of this Agreement. Costs incurred by
the Contractor after the expiration date or after
‘arier termination of this Agreement will not be
aid by the City.

‘Ts Form To Be Used Ony For Delegate AgeneyAgreaments Funded Whol Through The United States Deparment Of
‘oceng nna Unum Devtpment'sCommunty Development Bock ran Program tee) arses Ose.)

UNTITLED-016
5.3. REDUCTION OF COMPENSATION

if, ater this Agreement = signed, antepated
federal andor state funding ws reduced for any
reason, then the Cty reserves the night upon
tmten notice to the Contractor to reduce oF
‘modiy the amount of the payments tobe issued
fo the Contractor under ths Agreement If
federal andlor siateappromnabons are reduced
such an extent thatthe sole cecretion of the
City, no funds will be available to compensate the
Contractor under this Agreement, ten the City
wall rowde noboe of such occurence to the
Contractor. The notice wil constitute notes of
Early Termination in accordance with ths
Agreement

i, pursvant oa reduction in federal anor state
funcing, the Cay reduces the compensation tbe
paid to the Contractor under ts Agreement, te
Contractor wil ave 20 calendar days, rom the
date ofthe recep ofthe writen noice, to submit
a rewsed work program, budget or any other
necessary document (“Revised Submittals") to
the City telecing the. reducton in. the
compensation end accordingly modfying the
‘Services to be performed. The City will have the
discretion to modify the Revised Submittals as tt
‘may deem approonate in order to realze the
{goals ofthe Agreement. The Revised Submittals
srilberevewed by tne Cet Procurement Ocat
tnd the G's Office of Budget and Management
and upon ther final approval-wil become a part
‘of ths Agreement superseding the. previous
Socuments

5.4 ALLOWABLE COSTS

Allcosts alowed by the City Comptrolier's Office,
‘are not considered final and may be disallowed
upon the completion of audits ordered or
performed by the City or the appropnate federal
fr state agency In the event of a disallowance,
the Contractor wl refund the amount disallowed
tothe City

‘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 recewe up
10.245 calendar day operating advance, provided
the advance meets all federal, state and City
requirements for funding under this Agreement
‘All advances will be iquidated pnor to the end of
‘contract period in a manner specitied by the
cy

(ARTICLE 6
NON-SOLICITATION

“Tne Contractor warants and represents thatthe
Contractor has not employed any person solely
for the purpose of soliing or procunng this
‘Agreement, and has not made, and wil not
‘make, any payment or any agreement forthe
Bayment of any commission, percentages
brokerage, contingent fee or other compensation
im conection win the procurement of ths
Aareement.

ARTICLE 7
DISPUTES

Except as othermse provided in ths Agreement,
the Contractor or the City vl in wnting, bring any
dispute concerning 2 queston of fact arising
Under ts Agreement, o the Chief Procurement
Officer for decision. The Chiet Procurement
Officer wil issue a written decision and mail or
otherwse furish a copy of to the Contractor
‘The decsion ofthe Chief Procurement Officer is
final and binding upon the parties A copy of the
“Regulations ofthe Department of Procurement
Sernces for Resolution of Disputes between
Contractors and the City of Chicago” i avaiable
1m Git Hall, 121 N. LaSalle, Room 301, Bid and
Bond Room.

ARTICLE 8
EVENTS OF DEFAULT & REMEDIES
8.1 EVENTS OF DEFAULT DEFINED

“Tn Form Yo Ba Une On For Delegate Agency Agrnmarts Funded Wally Through The United Sais Daparment Of
oeing ana Urban Developments Communty Sveebment Bock Gran Program (ear 2) fevaed 232)

UNTITLED-017
‘The foliowmng will consttute events of defaut

‘A. Any matenal misrepresentaton, whether
negligent or alll and whether in the
inducement or in the performance, made
by the Contractor to the City

B. Any matenal failure by the Contractor to
perform any of ts obligations under this
Agreement inciuding, but not Jrted to,
the followng

Failure to perform the Services
with sufficent personnel and
‘equipment or with sufficent
material to ensure the
performance of the Services due
fo 2 reason of circumstances
within Contractors. reasonable
control;

i. Failure to perform the Services in
‘a manner satisfactory tothe City,
crinabiity to perform the Services.
satisfactorily as a resut of
insolvency, fling for bankruptcy or
assignment for the benefit of
creditors,

il, Faure to promptly re-perform
within a reasonable time Services
that were rejected as erroneous
or unsatisfactory,

Discontinuance of the Services for
reasons or creumstances within
Contractors reasonable control;
‘and

Failure to comply with a matenal
term or condition of this
‘Agreement including, but not
Iimited to, the provisions
concerning insurance and
nondisenmmnatio.

‘The Contractor's defauit under any other
agreement it may presentiy have or may
tenter mto withthe City dunng the Term of
this Agreement. The Contractor consents
that in the event of a default under this
‘Agreement, the City may also deciare 2
default under any other agreements with
the City.

82 REMEDIES

Upon the City’s determination that an event of
<efauit has occurred, the City will ave notice of
‘such occurrence tothe Contractor in accordance
with the terms and concitions of this Agreement
(Cure Notice”). Ifthe Contractor fails to cure the
event of defaut with 30 calendar days after the
Cure Notice 1s given, oF if the Contractor has
failed, in the sole opinion of the City, to
‘commence and continue diigent efforts to cure
the event of defaut, or if the event of default
‘cannot reasonably be cured within 30 calendar
days after the Cure Note is given, then the City
ray, in the sole discretion ofthe City, deciare the
Contractor to be n default under this Agreement
The decsion to declare the Contractor to be in
etauit is within the sole discretion of the Chief
Procurement Officer, the decision 1s final and
binding upon the Contractor, and nerther that
<ecision nor the factual basis for it is subject to
review or challenge.

Ifthe Chief Procurement Officer determines that
the Contractor isn default under this Agreement,
wntten notficabon ofthis determnation (Default
Notice") will be provided to the Contractor, and
the Default Notice will include notice of the
decision of the Chief Procurement Officer to
terminate this Agreement, it that 1s his such
decision. Upon the City’s gning the Defauit
Notice, the Contractor will discontinue any
services, unless otherwise directed n the notice,
‘and will deliver all matenals accumulated in the
Performance of this Agreement, whether
compieted or in the process, to the City
Foliowng or at the same time as the Default

‘Ths Form To Be Used Ont For Delegate Agency Agreumats Funds Wholly Though The United Sates Department Of
ousng hea UrsanDrvelopments Community Deetooment Beck Grant Program (ear XXX) Pevied 10203)

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

‘A. The nght to take over and complete the
‘Services or any part of them as agent for
‘and at the cost of the Contractor, either
drrecty orthrough others. The Contractor
will have, in that event, the night 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 termnate this Agreement as
to any or all of the Servces yet to be
performed effectve at a time specified by
the City,

‘The nght of spectic performance, an
‘mjunetion or any other appropnate
‘equitable remedy against the Contractor,

D. The nght to money damages;

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

‘The _nght to deem the defauiting
Contractor non-responsible in future
Contracts to be awarded by the City

It the Cty considers to be in the City’s best
interests, may elect not to dectare default or to
terminate the Agreement — The parties,
acknowledge that this provision is solely for the
benefit ofthe City and that the Cty permits the
Contractor to continue to provide the Services
espe one or more events of default, the
Contractor wil in no way be relieved of any of ts
responsibilties, dutes or obligations under this
Agreement nor wall the City wave oF relinquish
any of ts nghts.

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

‘Terms and Conditions

"age 18 of 23

every such remedy 1s cumulative and is in
adgiton to any other remedies, existing now or
later, at law, in equity or by statute. No delay or
‘omission to exercise any nght or power accrung
‘pon any event of defautt will par any such
!Aght or power nor wilt be construed as a waiver
(of any event of default or acquiescence in it, and
‘every such right and power may be exercised
from te to time and as often as the City deers
expedient

83 RIGHT TO OFFSET
‘To the extent permitted by applicable law,
‘A. Inconnection with performance under ths

‘Agreement, the City may offset any
excess cosis incurred

(D_ sf the City terminates this Agreement
for defautt or any other reason resulting
from the Contractors performance or
non-performance;

(if the City exercises any of ts
remedies under Section 8.2 of
this Agreement, or

(uw) the City has any credits due or

‘The City may offset these excess costs
by use of any payment due for Services
‘completed before the City terminated this
‘Agreement or before the City exercised
any remedies If the amount offset is
insufficient to cover those excess costs,
the Contractor is table for and must
promptly remit to the City the balance
‘Upon wntlen demand for t_ This nght to
Offset isn addition to and not a limitation
fof any other remedies avaiable to the
Cty

‘Toe Form eT Ba Used Only For Delegate Agency Agreements Funded Why Through The Une Sais Department Of
‘oting nd Uren Demopnants Conmunty eveopnan icck eran rogram (eu 3X) Reneed 12382)

UNTITLED-019
B. In connection with Section 2-82-80 of
the Muniapal Code of Chicago and in
‘addivon to any other nghs and remedies
{including any of set-off available to the
City under this Agreement or permitted at
law orm equty, the Cty is entited to set
‘off a portion ofthe pnce or compensation
‘due under this Agreement in an ammount
‘equal to the amount of the fines and
penalties for each outstanding parking
Volation complaint and/or the amount of
‘any debt owed by the Coniracter to the
Giy, as those terms are defined in
Sechon 2-92-380.

C. Without breaching this Agreement, the
City may set off a portion of the pnce or
‘compensation due under this Agreement
in an amount equal to the amount of any
liquidated or uniqudated claims that the
City has against the Contractor unrelated
to this Agreement When the City's
‘claims against the Contractor are finaly
‘adjudicated in a court of competent
yunsdicton or otherwise resolved, the City
wall reamburse the Contractor tothe extent
‘of the amount the City has offset aganst
tus Agreement inconsistently with the
dterminaton or resolution,

84 SUSPENSION OF SERVICES

‘The City may, at any time, request that
Contractor suspend the Services, or any part of
them, by ging 18 calendar days por wntten
‘notice to the Contractor or upon no notice inthe
fevent of emergency No costs incurred afer the
effective date of the suspension al be allowed
The Contractor will promptly resume ts
performance of the Services under the same
terms and conditions upon wntten notice by the
Chief Procurement Officer and such equitable
extension of tme as may be mutually agreed
‘upon by the Chief Procurement Oficer and the
Contractor when necessary for continuation or
‘compietion of the Services Any additonal costs

‘Terms and Conditions - Page 16 of 23

or expenses actually incurred by Contractor as a
result of recommencing the Services will be
treated in accordance with thes Agreement

‘No suspension wil, n the aggregate, exceed a
penod of 45 calendar days within any one
‘contract year. ifthe total number of days of
Suspension exceeds 45 calendar days, te
Contractor. by wren notice tothe Cty, may treat
the suspension as an Early Termination by the
iy

8.5 NO DAMAGES FOR DELAY

Neither Contractor nor Contractor's agents,
‘employees, and subcontractors are entiled 10
‘any damages from the City, nor is any party
enttled to be rembursed by the City, for
‘damages, charges or other losses or expenses
incurred by the Contractor by reason of delays or
fhndrances m the performance of the Services,
whether or not caused by the City. On Notice to
the City of a delay outside Contractor's contro,
Contractor may request additional time to
Complete its performance. The decision to grant
additonal time is im the sole and absolute
discretion of the Chief Procurement Officer

ARTICLES
GENERAL CONDITIONS

914 WARRANTIES
REPRESENTATIONS

AND

{in connection with the executon of this
‘Agreement, the Contractor

‘A. warrants that tis financially solvent, that
it and each of its employees, agents,
‘subcontractors of any ber are competent
to perform the Services; thats legally
authored to execute and perform the
Sermees; and

B. warrants that _no officer, agent or
‘employee of the City is employed by the

Ts Form Is Te'be Used Oy For Delegate Agancy Agrees Fun Wolly Through The United States Deparment Of
oing ana Urban Oreeopments Communty Seven Beck Grant Progam (Yea XO Revises teed)

UNTITLED-020
‘Terms and Conditions - Page 17 of 23,

Contractor o has a financial interest for such examination, analysis, anc
directly oF indirectly in ths Agreement or Preparation was adequate, that it was
the compensation to be paid, except as permitted access to any person or
‘may be permitted in wnting by the City’s Informaton in connection with its
Board of Ethics, that no payment, gratuity preparation of the proposal; and

ar offer of employment vllbe mage by OF
‘on behalf of any subcontractors of any

warrants that performance of this

tier, as an inducement for the award of a Agreement is feasible and that the
subcontract oF order; the Contractor Contractor can and will perform, or cause
‘acknowledges that any agreement {0 be performed, the Services in stnct
entered into, negotiated or performed in accordance with this Agreement; and

lation of any ofthe provisions of City of

Chicago's Ethics Ordinance, Municpal represents that it and, to the best ofits

Code § 2-156 et sea,, 18 voidable by the knowledge, its subcorivactors are not in
Gity; mn accordance with 41 U.S.C § 22, Violation ofthe provsions of Section 2-92-
the “Contractor must not admit any 320 of the Municipal Code, the Illnois
‘member of or delegate to the United Caminal Code, 720 ILCS S/33E-1 ef sea.
‘States Congress to any share or part of ‘and the Ilinois Municipal Code, 65 ILCS
the Services or the Agreement, or any 142.461

benefit denved therefrom; and

92 _ INSPECTOR GENERAL

C. warrants that will not knowingly use the
services of any ineligible subcontractor or It will be the duty of any bidder, proposer, or
Contractor for any purpose in the contractor, subcontractor, and every applicant for
performance of ts Services; and Certification of eligibility for a City contract or
program, and all officers, drectors, agents,
warrants thatitand ts subcontractors are —_pariners, and employees of any such bidder,

‘ot default at the time ofthe executon proposer, contractor, or such applicant 10
of this Agreement. or deemed by the cooperate with the Inspector General im any
Chief Procurement Officer tohave, within investigation or heanng undertaken pursuant to
Syearsimmediately precedingthe date of Chapter 2-56 of the Municipal Code; that th

this Agreement, Deen found to be m Contractor understands and wil abide by all
default on any contract awarded by the _prowsions of Chapter 2-56 of the Municipal Code
Cty, and land that it will inform Subcontractors of this

provision and require their compliance.
E. warrants that it has carefully examined
‘and analyzed. the prowsions and
requirements of this Agreement, that it
understands the nature of the Services 9.3.» WHOLE AGREEMENT-INTEGRATION
required, that from ts own analysis has

satisfeditse as tothe nature ofallthings Thus Agreement, including attached Exhibit A
Needed for the performance of this through Exhibit E or Exhibit F, depending on
‘Agreement, the general and special whether @ construction or renabiltation projects
Conditions, and all other matters which in involved. constitutes the entire agreement
‘any way may affect this Agreement orits between the partes, and no warranties,
performance, that the tne avaiable tot representations, inducements, considerations,

‘Tu Form Yo Be aed On For Delete Agency Agreements Funded Whol Through The Une States Deparment Of
euuing and Urtun Developments Communty Deveiopment Bock Gran Program (Yea XB) (Revises 102302)

UNTITLED-021
‘promises or other inferences willbe imphed that
‘re not expressly stated in the Agreement. No
\vanation oramendment ofthis Agreement and no
waiver of ts prowsions are vad unless in writing
‘and signed by duly authonzed officers of the
Contractor and the City Ths Agreement
supersedes all other agreements between the
Contractor and the City,

9.4 MODIFICATIONS AND AMENDMENTS

No changes, amendments, modficatons,
Canceliatons or discharges of ths Agreement, or
any part of it are effective unless in wnitng and
signed by the Contractor and the City, oF their
respective successors and assigns.

9.5 COMPLIANCE WITH ALL LAWS

The Contractor will comply with all applicable
laws, ordinances and executive orders and
regulations of the federal, state, local and city
‘government, which may in any manner affect the
erformance of this Agreement.

COMPLIANCE WITH ACCESSIBILITY
Laws

Contractor wil comply with all accessibilty
standards for persons with disabiites or
‘environmentally ited persons including, butrot
linuted to: the Amencans with Disabilites Act of
1990, 42 USC § 12101 et sea.: and the
Rehabiltaton Actof 1973, 29 U.S.C. §§ 793-784
In the event the above ced standards are
inconsistent, the Contractor will comply with the
standard prowding greater accessiblity

97 NO FEDERAL OR STATE
OBLIGATIONS TO THIRD PARTIES

‘The Contractor acknowledges that, absent the
express wntien consent of the federal
‘goverment and the State of linors, the State of
Hinoss and the federal government will not be
subject to any obligations or habiites to any

Tins Form To Be Used Only For Dewoate Agency Agreamarts Funded Wha

Terms and Conditions - Page 18 of 23

person not @ party to the grant agreement
between the City and the State of Ilinors or
‘between the City and the federal government
"Notwithstanding any concurrence providedby the
State of llinoss or federal goverment in or
approval of any solicitation, agreement, or
contract, the State of lino and federal
‘goverment continue to have no obligations or
liabilities to any party, including the Contractor

8.8 NON-LIABILITY OF PUBLIC OFFICIALS
No official, employee or agent ofthe City will be
‘charged personally by the Contractor, or by any
‘assignee or Subcontractor ofthe Contractor, with
any lablty or expenses of defense or be held
personally habe tothe Contractor under any term
‘or condition of this Agreement, because of the
Citys executon or attempted execution, or
because of any breach.

INDEPENDENT CONTRACTOR

‘This Agreement 1s not intended to and wall not
constitute, create, gve nse to, or otherwise
recognize ayoint venture, partnership, corporation
‘or other formal business association or
‘organization of any kind between the partes, and
the nghts, and the obligations of the parties will
bbe only those expressly set forth in this
‘Agreement The Contractor will perform under
this Agreement as an independent contractor to
the City and not as a representative, employee,
‘agent, or partner of the City.

9.10 INTERNATIONAL ANTI-BOYCOTT

Contractor certifies that neither the Contractor
‘or any substantially owned affiate company of
the Contractors participating or wil participate in
‘an international boycott, as defined by the
Drovisions of the U.S. Export Administration Act
of 1879 or its enabling reguiatons,

Through Th Unites States Deparment OF

"Notsing Ana Urton Developments Conmanty Development Bock Gran Program (vee XN) Peviad 17502)

UNTITLED-022
9.11 JOINT AND SEVERAL LIABILITY

Inthe event thatthe Contractor, ots successors
or assigns, is compnsed of more than one
‘person, then every obligation or undertaking to
be fultes or pertormed by the Contractor wil be
the jot and several cbigaton or underiaking of
each such person.

9.42 PROOF OF BUSINESS FORM

Upon request from the City, the Contractor wil
Provide copes of its latest articles of
Incorporation, by-laws and resolutions, or
partnership or jot venture agreement, as
‘applicable, and evidence of its authonty to do
business in the State of linoss, including without
limtabon, registrations of assumed names or
limited partnerships and certfications of good
standing with the Secretary of State of tlinoss.

8.43 DISCLOSURE AFFIDAVIT &
DISCLOSURE OF RETAINED PARTIES

The Contractor will provide the City with a
Disclosure Affidavit and Disclosure of Retained
Parties, which are attached as Exhibit D and
incorporated by reference, and further wil provide
any other affidavits or certifications as may be
required by federal, state or local law in the
award of public contracts, all to be attached
under Exhibit D and incorporated by reference.
‘The Contractor will cause its subcontractors orf
«2 partnership or ont venture, all members of the
partnership or joint venture, to submit all required
fidavis 1 the City

8.14 CONFLICT OF INTEREST

‘No member of the goveming body ofthe City or
‘other units of goverment and no other officer,
employee, or agent of the City or other unt of
government who exercises any functions or
‘esponsibiities in connection with the Services
will have any personal terest, direct, or indirect,
in this Agreement No member of or delegate to

‘Terms and Conditions - Page 19 of 23

the Congress ofthe United States or the lino
General Assembly and no alderman of the City or
ity employee will be admitted to any share or
part ofthis Agreement orto any financial benefit
to anse from it

The Contractor covenants that 1, its officers,
Srrectors and employees. and the officers,
directors and employees of each of ts members
if @ jot venture, and its subcontractor,
presently have no interest and will acquire no
interest, direct or mdrect, which would confict 9
‘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
the City determines that any of Contractors
services for others confict with the Services,
Contractor wil terminate such other services
lmmedhately upon request of the Cry

In additon to the confit of interest requrements
in OMB Circular A-110 and 24 C.FR. 84, no
person who is an employee, agent, Contractor,
officer, oF elected or appointed official of the City
‘and who exercises or has exercsed any
functons or responsibilities wih respect to
‘assisted actvites, or who 1s in a position to
Participate in a decssion making process or gain
inside information with regard to such actwties,
‘may obtain a financial interest or benefit from the
activty, oF have an interest in any contract,
subcontract, or agreement or their proceeds,
«ether for himself or herself or for those whom he
Cr she has family or business tes, during his or
her tenure or for 1 year thereafter.

Furthermore the Contractor warrants and
represents that itis and will remain in compliance
\mth federal restnctons on lobbying set forth in
‘Secton 318 of the Department ofthe Intenor and
Related Agenoes 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

Ts Form is To Be Uand Ory For Deane Agncy Agreements Funded Whol Through The Une Stats Dormant Of
Nousing And Utan Developments Common Deveopmant Book Grant repram (eer ¥3) Reve 102300

UNTITLED-023
{n addition, # State of tins funds are used for
the Agreement, the Contractor must comply with
the conflict of interest provisions contained i the
liinots Procurement Code ( 30 ILCS 500/60-13)
‘and other provisions in the llinois Procurement
‘Code regarding participation in agreement
‘negotiation by @ State employee (30 ILCS
'500/50-15)

9.15 COOPERATION WITH CITY

‘The Contractor will cooperate fully with the City
land act in the City's best interests If this
‘Agreements terminated for any reason, orf itis
to expire on its own terms and conditons, the
Contractor wil make every effort to assure an
‘orderly transition to another provder of the
Serwoss, if any, orderly demobiization of ts own
‘operations in connection with the Services,
uninterrupted provision of Services during any
transition penod and wal comply with the
reasonable requests and requrements ofthe City
in connection with the termination or expration of
thus Agreement,

9.46 WAIVER

Nothing n ths Agreement authonzes the waiver
of any requrement or condition contrary to law or
‘orcinance or which would resultin or promote the
olaton of any federal, state or local law or
‘ordinance

Whenever the City, by a proper authonty, waves
the Contractor's performance in any respect or
waves a requirement or condition to either the
Citys orthe Contractor's performance, the waver
0 granted, whether express or plied, will only
apply to the particular instance and will not be
‘deemed a waver forever or for subsequent
instances of the performance, requirement or
condition. No waiver wil be construed as @
‘modification of the Agreement regardless of the
number of tmes the City may have waved the
performance, requirement or condition

Terms and Condit

9.17 GOVERNING LAW

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

9.18 SEVERABILITY

Hany prowsion of the Agreement s held to be or
'n fact is llega, inoperative or unenforceable on
Its face or as applied in any particular case, in
‘any yurisdicton (or in all cases because it
conflicts with any other prowsion of this
‘Agreement, or any consttuton, statute, municipal
‘ordinance, rule of law or public policy, or for any
‘other reason), that circumstances wil not have
the effect of rendering the provision in question
inoperative or unenforceable in any other case or
‘arcumstance, or ofrendenng any other provision
of this Agreement illegal, invalid, inoperative or
unenforceable to any extent whatever. The
invalidity of any one or more phrases, sentences,
clauses or sections contained inthis Agreement
does not affect the remaining portions of this
‘Agreement or any part ofr

9.19 INTERPRETATION

‘Any headings in this Agreement are for
‘convenience of reference only and do not define
fr mit its prowsions Words importing the
singular number include the plural number and
ce versa, unless the context otherwise
indicates. Allreferences to any extubt, appendix
‘or document inctude all supplements and/or
‘amendments to any such exhibits, appendixes or
documents entered into in accordance with the
terms and conditions of this Agreement. All
references to any person or entity inciude any
‘person or entity succeeding to the nghts, duties,
land obligations of the person or entity in
‘accordance withthe terms and conditions of this
‘Agreement In the event of any confict between
tus Agreement and any exhibits tot, the terms
‘and conditions of tis Agreement contro.

‘Thus Ferm is Toe Uses Ony Fr Delegate Agancy Agrements Funded Whol Through The United States Desarment Of
Housing Ana Urban Developments Conmumty Development Bock Grae Program (Yew Xx) (Revised 10233)

UNTITLED-024
9.20 NONASSIGNABILITY

Contractor will not assign all or any part ofits
work oF responsibilities under ths Agreement
without the pnor wntten consent of the Chef
Procurement Officer and the Commissioner, but
any such consent will not relieve Contractor of ts
obligations under this Agreement. Any transfer
‘or assignment without the pnor wntten consent of
the Chief Procurement Officer constitutes an
‘event of default under this Agreement and is vord
as to the City The City reserves the nght to
‘assign, n whole or m part, any funds, claims or
interests, due or to become due, under this
‘Agreement.

9.21 CONTRACTOR'S AUTHORITY

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

ARTICLE 10
NOTICES

‘Allnotces and communications tobe provided by
the City and the Contractor pursuant to this
Agreement must be in writing and may be
elivered personally, by overnight couner or by
First Class certfled mail, retum receipt
equested, with postage prepaid and addressed
28 folows

Ito the City.
‘The Department's Malling Address Noted
In This Agreement's Preamble

and
Department of Procurement Services
CGty Hall, Room 403

‘Tes Ferm 18 Be Used Ony For Delage Agency

‘Terms and Conditions - Pa

4121 North LaSalle Street
Chicago, iinors 60602
Attention. Ctuef Procurement Officer

With Copies to:
Department of Law
Cty Hall, Room 600
421 North LaSalle Street
Chicago, incis 60602
‘Attention: Corporation Counse!

Ito Contractor
‘The Contractor's Mailing Address Noted
In This Agreement’s Preamble

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

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

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

©. the key staff of the agency and/or its
program sites, including executwe
rector, ste director, fiscal director, and
site address or agency offical 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

unde Wat Through The Une Stats Dapaent Of

areas
'ocuing And Urtan Developments Commu Developmen Block Gran Program (var XN) avin 12388)

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

ARTICLE 11
BUSINESS RELATIONSHIPS WITH ELECTED
OFFICIALS

Pursuant to Section 2-186-030(b) of the
Municipal Code ofthe City of Chicago, its illegal
{for any elected offical ofthe City, or any person
‘acting atthe drrecton of such offical, to contact,
‘ether orally orm wring, any other City official or
employee with respect to any matter involving
any person with whom the elected offical has 3
business relationship, or to partoipate in any
<iscusston n any Cty Council committee heanng
‘or i any City Counell meeting or to vote on any
‘mater involving the person with whom an elected
offical has @ business relationship. Violation of
Section 2-156-030(b) by any elected official
with respect to this Agreement is grounds for
termination of this Agreement. The term
business relationship 1s defined as set forth in
Secton 2-156-080 of the Municpal Code of
(Chicago

‘Section 2-156-080 defines a “business
‘elationship” as any contractual or other pnvate
business dealing of an offical, or his or her
spouse, or of any entity in which an offical or his
fF her spouse has a financial interest, with &
person or entty which entitles an offical 10
‘compensation or payment in the amount of
‘$2,500 or more in a calendar year, provded,
however, afinancal interest shall not nclude_())
‘any ownership through purchase at far market
value or imhertance of less than one percent of
the share of a corporation, or any corporate
subsidiary, parent or affitate thereof, regardless
of the vaiue of or dividends on such shares, if
such shares are registered on a secunties
exchange pursuant to the Securites Exchange
Act of 1934, as amended; (i) the authonzed
Compensation pard to an offical or employee for
his office or employment, (at) any economic
beneft provided equally to all residents of the

‘Terms and Conditions - Page 22 of 23

City, (v) a tme or demand depos in a financiat
stitution; or (v) an endowment or msurance
policy or annuity contract purchased from an
surance company. A “contractual or other
Private business dealing” shall not mclude any
‘empioyment relatonship of an official's spouse
with an ently when such spouse has no
discretion conceming or mput relating to the
‘lationship between that entty and the City

ARTICLE 12
LIVING WAGE ORDINANCE

Secton 2-82-610 of the Muna Code requres
‘elgble contactors and their subcontractors to
ay @ living wage (currenty $7.60 per hour
minum base wage) to covered employees
employed inthe performance o this Agreement
You are an ebgible contractor if at any tme
uring the performance of tus Agreement you
hhave 25 or more full-tme employees. If you are,
‘orbecome, elgble, you and your subcontractors
‘must pay atleast the base wage to covered
employees. Covered employees are: secunty
guards (but only if you and your subcontractors
‘employ inthe aggregate 25 or more of them),
‘and, m any number, parking attendants, day
Isborers, ome and heath care workers,
cashiers, elevator operators, custodial workers
‘and clencal workers Section 2-92-610 does not
apply to notor-proft corporations wath federal
S01(6N3) tax exempt status. Also, Ifthe work
being done under tis Agreement is subject to
payment of prevaiing wages, and the prevaing
wages are higher than the base wage. then
prevaing wage rates apply and must be paid.

ARTICLE 13
EOF Ch ‘CIRCUMS

In event the Contractor, its parent or related
Corporate entity, becomes a party o any
ugation, ivestigaton or transaction that may
reasonably be considered to have a matenal
impact on the Contractor's abilty o perform

‘Ths Form To Be Used On For Onaga Agency Agreements Funded Wholy Trough The United States Deparment Of
osing sta Urson Developments Communty Beveepment Bock Gran Program (att XX) Paras 82303)

UNTITLED-026
Under this Agreement, the Contractor must
immediately notiy the City in wnting

ARTICLE 14
ADDITIONAL AGREEMENT PROVISIONS.

‘Additional provisions of ths Agreement are
listed mn Exhibit, and also in Exhibit E only it
Construction and rehabiltation acties are
involved, which are attached and incorporated
by reference Al provisions listed in Exhibt! s A
‘and F have the same force and effect asf they
had been listed in the body ofthis Agreement

[The remainder of thes page 1s intentionally lft
Blank}

Terms and Conditions - Page 23 of 23

‘Thu Frm eT Be Usd Oy For elagite Agency Agreements Funded Whol Trough The Und States Department Of
Housing And Urnan Devcpmen's Commun Deveopnan lacs Gran Program (Yee 1X0) faved 1s

UNTITLED-027
EXHIBIT A

ADDITIONAL AGREEMENT PROVISIONS FOR
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

‘Actt_ NATIONAL OBJECTIVE

‘The Contractor wil perform the Services hereunder in a manner that complies with a entenon for
national objectives descnbed in 24 CFR § 570.208.

‘A-1.2. COMPLIANCE WITH CDBG REGULATIONS

‘The Contractor must comply with, and certfies that iis in compliance with, all he provisions and
regulations of the CDBG Program, and all related Cty of Chicago, Stale of liinoss and United States
rules, regulations and requirements, mciuding, but not limited to. the Housing and Community
Development Act of 1874, as amended (42 U.S C § 530 et sea. and implementing regulations at 24
GFR. Part 570), Tile VI ofthe Cvil Rights Act of 1964 (42 U.S.C. § 2000d et sea,}; Cvi Rights Act of
41991; Faur Housing Act (42 U.S.C § 3601 et seq); Executive Order 11063, as amended by Executive
Order 12268, Age Discammation Act of 1975 (42 U.S.C. § 6101 et sea): Rehabilitation Act of 1973 (29
US.C § 796 et sea.), Oavs-Bacon Act, as amended (40 U.S.C. §§ 276a - 2768-5); Contract Work
‘Hours and Safety Standards Act (40 U.S.C_§§ 327-33 as supplemented by 29 C.F R. Part § and 29
C.E.R, Part 1926), National Environmental Policy Act of 1069 (24 C.F.R. Part $8); Clean Air Act (42
USS C. §7401 et sea); Federal Water Pollution Control Act (Clean Wetor Act) (33 U.S.C. § 1251 et
‘$20.) Executive Order 11738, and U.S. Envronmental Protection Agency reguiations (40 C.F.R. Part
15); the Contractor must report all volatons and must requre all subcontractors to report all volatons
‘of the Clean Ar Act andlor the Clean Water Act to the Gity, HUD and the appropnate Regional Office
of the US Enwronmental Protection Agency, Flood Disaster Protection Act of 1973 (42 U.S C § 4106
¢etsea_); Untform Relocation Assistance and Real Property Acquisiton Policies Act of 1970 (42 U.S.C.
§ 4601); Executive Order 11246, as amended by Executwve Orders 12086 and 11375; Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4821 et seq,); Residential Lead-Based Paint Hazard
Reduction Act of 1862 (Pub L. 101-550; 42 U.S.C. 4851 et seq.) and implementing regulations at 24
GER Part 35, Executve Order 12372; Copeland “Ant-Kickback" Act (18 U.S C. § 874 and 40 U.S.C.
{§ 276(c) as supplemented by 29 C.F R. Part 3), Federal Farr Labor Standards Act (29 U.S.C § 201 et
$20), tne Unform Adminstrabve Requrements contanned n 24 C.F.R Parts 84 and 85, as amended,
Hatch Act 5 US C §§ 1501-08 and 7324-28); Byrd “Ant-Lobbying" Amendment (31 U.S C. § 1352),
mandatory standards and polices relating to energy efficiency which are contained nthe State of
Hlinois energy conservaton plan issued in compliance with the Energy Pobcy and Coneervation Act
(Pub L 94-163); Program Fraud Civil Remedies Act of 1886, as amended, 31 U.S.C. §380' ef sea. (in
‘accordance therewith, the Contracior certifies or affirms the truthfuiness and accuracy of any
statement it has made, makes, or may make pertaming to this Agreement) and Debarment and
‘Suspension (24 C.F R.§ 85.25 and Executve Orders 12549 and 12689) Additonal, the Contractor
‘must comply wth the applicable prowsions of OMB Circulars A-21, A-B7, A-102, A-110, Av122 and Ax
133 es amended, succeeded or revised

‘Tus Fm e Yo be Uae Ony For etogate Agency Agrenments Fused Whoty Trough The United States Deparment Of
‘Hosing hoe Urban Development Commumty Development Block Grant Program (Yen XD) (Reve 172302)

UNTITLED-028
‘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
‘permitied or requrred by this Agreement or as Required by Law (http /iwww hhs gov/ocr?hipaa/)

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

3 Contractor must mibgate tothe extent practicable any harmful effect that 1s known to Contractor
of @ use or disclosure of PHI by Contractor n violation of the requirements ofthis Agreement

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

Gay

5 Contractor must ensure that any agent, including a subcontractor, to whom it provides PHIrecerved
from, or ereated or received by Contractor on behalf ofthe City agrees to the same restnctions and
‘conditions that apply through this Agreement to Contractor with respect to such informaton.

6 Ifthe Contractor has PHlin s 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 mn a Designated
Record Set, to Cty or, as directed by City, to an Individual m order to meet the requirements under
45 OFR 164.524

7. If the Contractor has PHI in @ Designated Record Set then Contractor must make any
‘amendments to PH! 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 inthe ume and manner designated by City

8. Contractor must make intemal practices, books and records relatng to the use and disclosure of
PHI received trom, or created or recewved by Contractor on behalf of, City available tothe Cty, or
at the request ofthe City o the Secretary, in a tme and manner designated by the City or the
‘Secretary, for purposes of the Secretary determining City’s compliance with the Privacy Rule

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

10. Contractor must provide to Ciy or an Indrvdual, in me and manner designated by City, information
collected which relates to the disclosure of PHI, to permit City to respond to a request by an
Individual for an accounting of dsciosures of PHI in accordance with 45 CFR 164.528

41 Contractor must ether retum all PHI tothe City or destroy it, atthe City's option, upon termination
‘expiration of ths Agreement

‘Ths Form To Be Usad Oy For Delegate Agency Areents Funded Whol Though The United States Department OF
‘esnng ana tan Demopments Commmonty Development Bier ran Program (eer) (Revised 102363)

UNTITLED-029
{Fem o'er ean one Arama Funan Whey gh ra nn Se Dement OF
oveing a Sommunty Deveiopment Blk rant rogram Yea XD) Reve’

UNTITLED-030
CITY OF CHICAGO
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEAR XXIX-2003
WORK PROGRAM AND BUDGET
Department:__HOUSING
Program _ Housing Resource Center _Fax# __(312) 747-2885

Contact Name:_Marge Bosley Phone #-_(312) 747-1669

Part I: Delegate Information

Parent Organization Name-_St_Aulbe Housing Development Corporation -
St Aulbe’s Washmgton Heights/Bumside Community Development Corporation

Parent Organization Address _9015 South Harper Avenue
Parent Organization City, State, Zip _Chucago, linois 69619

Delegate: St. Ailbe Housing Development Corporation =
‘St. Ailbe’s Washington Heights/Burside Community Development Corp.

Site Address:_9015 South Harper Avenue

City, State, Zip _Chucago, Minors 60619

Executive Director:_Vacant

Delegate Contact, _John Breslin, President

Phone #_(773) 374-2345 Fax #_(773) 374-7096

Office Hours: M-F 9-00 am 5-00 pm, Program Service Hours: _M-F 9:00 am §:00 pm
‘Total Budget for this Project (including other share): $81,295.00
CDBG Year XXIX Allocation:_$ 42.000 00

Contract Period: From __01/01/2003 To__12/31/2003

Federal Employer Identification Number._# 30 - 0090182

‘Yeu 2089 C86 Dele Wor reper 1

UNTITLED-031
art I: Description of Project
Ina lear and concise manne, provide anarratve summary of his CDBG funded prosec. ts scope,
problems addressed, and results antirpated. Pease donot add additonal pages.

SCOPE

‘The Saunt Aulbe Housing Development Corporation / t.Ailbe's Washington Heights/Bumside
Community Development Corporation was formed to addres ssues of neighborhood housing,
‘decline in an area bounded by Stony Island (East), New York Central tracks (West). 9100 (North)
and 9500 (South). This project wil focus on preserving affordable housing by providing home
‘maintenance education and mnformation, coordinating activities with other Cxty Departments and
delegate agencies m addressing problem buildings and providing home buyer and homeowner
seminars SAHDC wall act as facttator mn affordable housing expansion by identifying vacant ots
forre-development. SAHDC will assist elderly residents by mobilizing residents and volunteers on

clean-up projects.

ANTICIPATED RESULTS
1. One (1) property demolished

2. Two 2) properties acquired and re-abilitated by Neighborhood Housing Services (NHS)

3 Fave () properties repaired

4. Two (2) workshops held

5. Land assembled for new development

6 Referral of twenty-five (25) cients with housing issues to NHS and other counseling agencies

7. Carryout five (5) block proyects that positively impact seniors.

Yew Xx 20 C080 Dlg Work Progrn 2

UNTITLED-032
Part III: Monitoring and Evaluation Procedures

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

Saint Aulbe Housing Development Corporation/ St Allbe’s Washington Heights / Bumside
‘Community Development Corporation will work with the Department of Housing staff to insure
activities are m compliance with national objectives The Board of Directors will meet on a regular

‘basis to review the program managers’ report on activities and expenditures

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

St Aulbe Communty Development Corporation/ St Aulbe's Washington Heights/Burnside
‘Communty Development Corporation will utilize expertise fom accountants on a volunteer basis

to develop a system to monitor expenditures and mauntain fiscal controls

‘Yer 2003 COBG Deeg Wak Pog 3

UNTITLED-033,
Part IV: Auditing Requirements

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

A- Whats your agency's fiscal year? January 1* - December 31**

B_ When do you intend to conduct an auait ofthis contract? December 2003

C. Below please ist all contracts and grants that your agency anticipates recerving duning the
2008 fiscal year. Identify ifthe source 1s Federal or Other and the amount.

Funding Source

ont ts Federal = Other ‘Total Amount Requested
DOH -Housing Resource Center. x S 45213
‘Campaign for Human Development x 15,000
Hentage-Pullman Bank x 25,000
(Chueago Community Trust x 10,000
Bank One x 2,500

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

Department ‘Program CDBG Amount Requested
-NONE-
Yew X04 203 CD86 Delp Work Propan 4

UNTITLED-034
Form 4

WORK PROGRAM
‘A Deleate_S Aus Howsng Devslopmsnt Corontion /St A's Wasbnaton Heh Conmeniy Dev Comp C Poe Name_ Hamer /Blackson nrsaton
B Deparment Program_Housng Resource Cn D—Stategy Afodable hang morovensts nd eabncement

5
ron room regen Rw re
syria nite | _ stuart tte
capegeene | Staal
ERE ou

renee poet
‘ht wil accompli idan but refers ie } ante | ater } athe
program objets fear | andr | 2etar)

# ofbuidingsndnntied
Wofowners contacted

1 of direct contacts wih resident
of workshops presented

1 of persons attending

entity paces (vacant lots) or redevelopment ojo ‘of parcels researched

of owners contacted

Jaca tocoumeng/ | rnd cheat tan nt
bes rt fs [meee gn
| ‘conn

of referral made to NHS and other
“Counseling agencies

projects hat pact | Plan Black Projects and mobilize vo
entra impact ‘Rasutsenors wat nmmtenance and clemsop 0 1 ofproectcamed-out

nae of volunteers mobilized
‘of semorsasasted

‘Yea XXDE 20 CDG Deep Wak pram

UNTITLED-035

>

Form 5
(CDBG National Objective/Eligibility

eee a se I PBR NS Ummm Developmen Coneravos ——
1 Aitbe's Washington rr I DEVEL CORPOTTTOR
Department Program_Housing Resourse Center(HRC)
Project Name__ Harper / Blackstone fntervenion

pepo

Nanonal Objective

Eligible CDBG Activity __$70.201 (e) Public Service

‘The qualifying National Objective 1s “Activities Beneftting Low and Moderate Income Persons”. Please check the
‘bax nest othe epproprate underlined enteron listed below Also, any adaitional instructions m parenthesis

[X] Area Benefit (LMA) (ill out all of Form 6 must be $1% or higher)

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

(1 Sencersmted to oe ormare ofthe followin groups presumedby HUD tobe lowimoderate

is}
fal

— Senior Cruzens Homeless Persons
— Persons with Disables ___Mbterate Persons
— Battered Spouses _— Migrant Workers
— Abused Children — Persons Living with AIDS

Records are kept which contain the household size and total household mcome of cltents
proving that 81% are iow and moderate

The Bacup med thatthe nature and locaton of the activity wall
tapers lt dm rederate conve m accordance Wil
sti anble way of guaifjng te actvaty exes. Ci ths boxe
Cheoked all OCFORME mast be Competed

Department Approval SéLow/Mod,
BM approval (Mts be T%6 oF be)

() LM Housing CuMEn*

() LiMidobs aumns

[*Note- Allprograms which directly bnefitaperson/household must compile the following formation during the upcoming year
1). The total namber of persons/households served, and
2) the total numberof chents which are

Moderate Income Amenan Indian or Alaskan Native
Low Income Hispanic
‘White = Not Hispame ‘Asian of Pacific Islander
Black ~ Not Hispante Female-Head of Household
‘Yer 300% 2003 C086 Delete Wat Popa, 9

UNTITLED-036
Project Name_Harper/ Blackstone Intervention
D_ Name and address of facility providing the services
Susi ase Desonent Copscnon Seis Sosh eet Asnee

In what Ward, Community Area, and Census Tracts the facity providing the services located?

wae Coemanty Are Care He (8) Cen Tt _1803.
EE. Incheate Program Service Area
D_Thus project wll provide services etywide to all eligible méviduals

X__ Thus project wall pamarly serve the following Ward(s), Cormmunty area(s) and Census tract(s)

Wes) of Comma Aras) 8
evs Tose) 03

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

Norh_0 South 29° St
ast _ioy in Avera West_New Yak Coa Ra Rad

F. Low/Moderate Income Area Census Information

[Note Compete the char slow oly your aye quai unde the Area Benet Nanol Oi of the Cy Depress the Oe of
adgetan! Manager have Strela! he natre andoeaton of the acy wl ence that te may yur chen wil below and moderne
swoon accordance Wh HUD ert Form 3).

4 Overall % Low/Mod (Total of column 2 ~ Total of column 3)° __40 90%

Yea X90 200 CD06 Dl Won ram 10

UNTITLED-037
Form7

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

B. Department Program___Coramumity Programs
. Staff in charge of momtornng__Lonta Ross and Lynn Stewart

‘The purpose of this form isto ensure that monitoring and evaluation procedures are followed by City departments
and by individual ubrecptent agencies in monitoring subrecipient projects. A copy should accompany each
subrecspient contact.

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

1) Deseribe the methods thatthe department will employ to monitor and evaluate its subrecipiets' programs to ensure thelr
progress and accomplishmeats, including the frequeacy of such mentoring.

“The Departnent conducts cootractng sessions with each CDBG sub-recipien (agen) porto the execution ofthe contract. The agency
tutta the contachng session checklst documents cluding but not lmsted othe ageacy's charter, evdence of SOl-c3 status, evidence
‘of mnsurance coverage and eurent ax forms Techical ashstance i provided yea round. Outpt measurable to document the
Sccomplihinents of national cbyectves mast be clearly identified and wal be closely monstored by the program staf to ensure services are
‘provided fo te low-income community residents. Fiscal monsianag site vss mclde the review of program cent and service files and
‘cons, venfiaton of monthly and quarterly program accompluhment daa, persouel management and marketing efforts.

2) Describe how the department wil monitor subreciplent expenditures.

Program managers are responsible for perforzng the mutal review ofthe subeted voucher, Fuca montonng staf, during site vist,
‘review addinonal support documents, 1, ongmal canceled check, and paid mores to ensure that requests fot reumbursemens submited
to the Cty were proper end content wi he lvel of services provided Cash cepts and disbursement jouzas along wath the general
ledger willbe renewed

13) Specify the particular records the subreciplent must maintain andor submit,

“The subrecptent must manta at mumumum the following =
a. Separate set of accounting records, re, cashecempts, and cash disbursements Journals ora general journal that can then besevewed
‘gauet the general edge fr CDBG dollar.

'b Documents supporting al equests for payments

Tax files

4 Attendance sheets and agenda sopporang community mechngs

¢ Handouts distbuted at community meetings

£ Chienttelephone loss

«Files comtamng all substannaton for monthly and quarterly reports.

1 Cheatipeoyect les

UNTITLED-038
‘Ts om Tobe Usd On For Delonte Agency Agreements Funced Whol Through The Une Sates Deparment Of
"ouaig Ans UeanOnvlopments Communty Developmen Bick San Progam fee EROS Pee TBST

UNTITLED-039
Form 1

Budget Summary
AL Delezate veh J __F, Yeat XXIX.2003 Allocaton _$ 42.000 00
St. Ailbe's Washington Keignts/Bumside Comunity Development Corporation A
B. Dept Program Housing Resource Cs G, Vendor Code # 1061881

C. Project NumeHamer/BlasksoneIniervennon _-H. Servce Contract #_157.

D. Deparmest_Deparmest of owe 1L_ FundDept\Organzaton #§3-0067-0212530-0135

4. Proyect Budget Summary for Year XXIX - 2008
Note: The entre budget for this project must be shown.

Torn fipenmnse [1 acsaura #_[ 11 C006 Shae) a) Ot Sart) [ 1) Tor Coe)
Personne! 2005 42,000 “42,000
Fange Benetie 04a ines: rn

‘Operating Technical 700 000, 3000,
Professional end oro 75,000 76,000

‘Tochnical Services

‘Materials ond Supplies | 0300 2,000, 7000
‘Equpment 800, 3,000, 3000.
‘Other (please specify) | 0900

‘Diner (pease spent)
TOTAL 22,000 W295, 295

1K. Percentage of otal project cose pant

yon Shae(cokem#colman) B.S
LDeeerubonpason M. Cay Aston
ya Cf fon A. ifachouwk: [bed §. él 3¢/og
5 ceca i amt =
a ——_ eerosersy
‘x 0.40 C00 Deg Wt ge s

UNTITLED-040
Form?
Personnel Budget
. Project Name _Hart/Backsone [nlerenton
SU Abe's WashinglonHeight/Burnside Communty Development Corporation
Deparment Program Housing Resouree Center '. Federal Employer Inticanon #_46-0496575

A, Delegate

Personnel Budget Allocation for Year XXIX- 2003,

cov0 sae)

Feat Con)

Se Sorry of hb Reoniines

. Frage Benefits and Tonal Personnel Costs

o

©

o

“Manages program, outreach to commun, works 0
‘oordiaon with the Neighborhood Housing Services
nis)

‘yea Fags Bee {C006 sae) Pre stow clean bw
(0) Saal Sry Toe 2 aot = 020m
Bb Metewe rs ‘o Sarno
(0) Suse Ueomploen nunc 2 2 $9004) 68 FTE
(01 Ste Wares Comper a is ine 54253
(12) oer ihe) mee ns 000 Stoo 51s fr FTE
| oe ged =

‘Year xX0K 200 C080 Dee Wek Popa

UNTITLED-041

Form3
Non-Personnel Budget
‘A Doegate St Aube Housne Development Corporation /__
‘St Aibe's Washington Heights / Burnside Communsy Development Corporation (CProyct Name_Harper/ Blackstone inuve
B. Department Program Housing Resource Cente;

_D. Non. Personnel Allocation for Yeae XXIX 2003

Lune em Depo nd ten
no pene FuatCons) hese sa steno oa os a8 COG Sha)

o @ oy
pang Tein Program share of cost for msurance, telephone, postage, pining and audit

‘Consutan Technical Assistance fr staff development, implementation,

feo ad Tech Sess <onsulng, resource development

Mena nd Supper sand supplies, stationary, pape, busines cards files, ee

Feument fie equipment - computer, software, fax machine

(6) TOTAL

‘Yeo XO 200 CDG Deep Wek Pega 7

UNTITLED-042

‘EXHIBITE
INSURANCE REQUIREMENTS & INSURANCE CERTIFICATE

‘The kinds and amounts of msurance required are as follows:
1) Workers Compensation and Emplovers Liability

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

2) Commercial General Liability Pnmary and Umbrella)

Commercial General Lisbility Insurance or equivalent with limits of not ess than $500,000 per occurrence
forbodily mjury, persona injury, and property damage libility Coverages must include the following All
premises and operations, products/completed operations, separation of insureds, defense, and contractual
liability (wath no limitation endorsement). The City of Chicago is to be named as an additional insured on
4 primary, non-contributory bass for any lability arising directly or indurectly from the work or Services.

3 iin Liber ‘

‘Winen any motor vehicles (owned, non-owned and hire) ae used in connection with work or Services to
‘be performed, Contractor must provide Automobile Liability Insurance with mits ofnot less than $300,000
per occurence for bodily mjury and propery damage.

4) Professional Liability
‘When any profesional consultants perform work or Services in connection with this Agreement,
Professional Liability Insurance covering erors, omissions, or negligent ats, 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 whichis not renewed or replaced must have an
extended reporting period of 2 years,

5) MedicaProfessional Lusbility

‘When any medical serncesare 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
rendering or fatlure to render professional, medical or health services with lmuts of not less than $500,000.
‘Coverage must include contractual hability When policies are renewed or replaced, the policy retroactive

‘Ts Form To Be Used Ory For Delegate Agency Agreements Funded Whol Through The Untied States Deparment Of
"cing Ana Urban Developments Conmonty Deepen lack Gran Program (Year EXD) (Ravin 102)

UNTITLED-043
date must coincide with, or prevede, start of work or Services on this Agreement. A claums made policy
which 1s not renewed or replaced must have an extended reporting penod of 2 years.

6) Builders Rusk

When any Contractor performs any construction, including improvement, betterments, and/or repairs,
Contractor must provide All Risk Builders Insurance to cover matensls, 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 fumish renewal certificates to the Federal Funds Insurance Unit at the above address The recerpt of
‘any certificate does not constitute agreement by the City thatthe surance requirements in tis Agreement
hhave been filly met or thatthe insurance policies indicated on the certificate are in compliance with all
‘Agreement requirements, The failure of the City to obtain ceraficates 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 al insurers ofthe Agrecment provisions regarding insurance.
‘Non-conforming msurance does not relieve Contractor ofits obligation to provide insurance as specified
here. Nonfulfillment ofthe msurance conditions may constitute a violation of thus Agreement, andthe City
retains the right to stop work or Services or terminate this Agreement until proper evidence of insurance 1s
provided

‘The msurance must provide for 30 days prior written notice to be given to the City m the event coverage 1s.
substantally changed, canceled or non-renewed.

All deductibles or self msured retentions on referenced insurance coverages muist be bore by Contractor

Contractor agrees that insurers wave their nghts of subrogation against the City of Chicago, its employees,
lected officials, agents or representatives.

‘The coverages and limits furnished by Contractor inno way limit Contractors habiliues and responsibilities
specified within this Agreement or by law.

‘Any insurance or self insurance programs maintamed by the City of Chicago do not contribute with
ansurance provided by Contractor under tus Agreement

‘The required insurance to be cared is not Inmated by any himutations expressed in the mdemmfication
language inthis Agreement or any imtaton placed on the indemnity n this Agreement given as a matter
oflaw.

‘Th Form a Yo Be Used Ony Fr Dateate Agency Agreements Funded Wholy Through The Une States Dapaiment OF
Noung hna Utan Development's Communty Development Bloc Grant Program (eer XX) Revised 12302)

UNTITLED-044