Request for Proposals (RFP) for Adult Protective Services (formerly Elder Abuse Services) April 11, 2014

Transcription

1 Request for Proposals (RFP) for Adult Protective Services (formerly Elder Abuse Services) April 11, 2014 CITY OF CHICAGO DEPARTMENT OF FAMILY AND SUPPORT SERVICES (DFSS) RESPONSES MUST BE RECEIVED NO LATER THAN THURSDAY, MAY 8, 2014 AT 4:30 P.M. CST One original of the proposal and one copy should be submitted in a sealed envelope or package labeled as shown below: Adult Protective Services Name and Address of the Respondent Proposals should be addressed and returned to: Alexander Cooney Deputy Commissioner, Senior Services Department of Family and Support Services 1615 West Chicago Avenue, 3 rd Floor Chicago, Illinois DFSS will host a Pre-Submittal Conference: April 17, 2014, 10:00am 11:00am 1615 W. Chicago Ave., 1 st Floor Conference Room. RAHM EMANUEL MAYOR EVELYN DIAZ COMMISSIONER

2 Table of Contents A. Purpose of the RFP 1. Overview Background Anticipated Term of Contract and Funding Source(s).4 4. Eligible Respondents Geographic Designation 5 B. RFP and Submission Information 1. Proposal Deadline Questions Pre-Submittal Conference Timeline... 6 C. Program and Scope of Services 1. Overview Rates of Reimbursement 6 3. Requirements and Standards 7 4. Program Operation Details Reporting Requirements/Performance Measures Project Location and Accessibility to People with Disabilities. 11 D. Evaluation and Selection Procedures 1. Process for Evaluation of Proposals Selection Criteria Additional Criteria.12 E. Legal and Submittal Requirements 1. City of Chicago Economic Disclosure Statement Disclosure of Litigation and Economic Issues Grant Agreement Obligations Funding Authority Insurance Requirements Indemnity False Statements Compliance with Laws, Statues, Ordinances and Executive Orders 15 The application and all attachments can be found as separate files on the DFSS website: 2

3 A. Purpose of the RFP 1. Overview The Department of Family and Support Services-Senior Services/Area Agency on Aging is seeking proposals from qualified organizations for the provision of Adult Protective Services. The awarded contractors will respond to older persons and people with disabilities ages who are victims of abuse, neglect, and exploitation (ANE), by building on the existing legal, medical, and social service systems to assure that it is more responsive to the needs of elder abuse victims and their families. Awardees will provide intervention services in accordance with the Illinois Department on Aging s Adult Protective Service Standards and Procedures Manual. Interventions services include: Intake of ANE reports; Assessment of ANE incidents; Intensive case work on substantiated cases of ANE; Follow-up activities to prevent further ANE; Early intervention services to ensure victims of ANE have access to available resources; Multi-Disciplinary teams to support staff by providing for case conferencing; Public awareness/education efforts on prevention and identification of ANE. 2. Background In 2009, the Department of Family and Support Services was created out of several former city departments and offices, including the Departments of Children and Youth Services, Human Services, and Senior Services, the Mayor s Office of Domestic Violence and parts of the Mayor s Office of Workforce Development, and the Ten Year Plan to End Homelessness, in order to provide more coordinated services for the city s most vulnerable citizens. The mission of DFSS is as follows: The Chicago Department of Family and Support Services is dedicated to supporting a continuum of coordinated services to enhance the lives of Chicago residents, particularly those most in need, from birth through the senior years. The department works to promote the independence and well-being of neighborhoods by providing direct assistance and administering resources to a network of community-based organizations, social service providers and institutions. DFSS offers direct services and referrals through a single point of access for specialized assistance to senior residents, persons with disabilities and families in need through its Aging and Disability Resource Network and 21 Senior Centers. The Department s Senior Services/Area Agency on Aging administers a variety of programs and services, designed to address the diverse needs and interests of older Chicagoans, from those who are healthy and active, to those who are frail and homebound. For further information about these and the other opportunities offered through the Department of Family and Support Services, please visit the DFSS website: 3

4 Background on Adult Protective Services Program The Adult Protective Service Program, under the authority of the Elder Abuse and Neglect Act (320 ILCS 20/1 et seq.), responds to reports of alleged abuse, neglect or financial exploitation of persons 60 years of age and older and adults with disabilities between the ages of 18 and 59. The program provides investigation, intervention and follow-up services to victims. Reports of abuse and neglect increase each year, as the older population grows and awareness of elder abuse and abuse towards adults with disabilities increases. In 2013, 2,402 reports were made within the City of Chicago for elder abuse alone. The program stresses the mentally competent older adult s or persons with disabilities rights to make their own decisions. The Adult Protective Services Program is coordinated through 45 local provider agencies (statewide, which are designated by each regional Area Agency on Aging and the Illinois Department on Aging (IDOA), DFSS currently serves as the regional Area Agency on Aging for Chicago. Case workers from these agencies conduct investigations and work with older adults and adults with disabilities in resolving abusive situations. All adult protective service caseworkers are trained and certified by the IDOA. Additional information regarding the State of Illinois s Adult Protective Service Program including the Illinois State Elder Abuse and Neglect Act, may be found at 3. Anticipated Term of Contract The term of the contract executed under this RFP will be from July 1, 2014 to June 30, DFSS may extend the term of an agreement for up to two additional periods, each not to exceed one year. This extension option is contingent upon successful performance of the program and services provided, and upon availability of funds. Should a Respondent s contract be terminated or relinquished for any reason, DFSS reserves the right to return to the pool of Respondents generated from this RFP to select another qualified Respondent. Awarded Respondents should not plan to receive their first payment until up to 60 days after the beginning of the contract period. Respondents must be able to proceed with program operations upon award notification. The expected start date of this contract is July 1, Selected Respondents will be expected to execute a sub-grant agreement in a timely fashion. Failure to do so may be deemed to constitute rejection of the selection and reallocation will be made to another respondent(s). This contract operated on a set reimbursement rate set by the State of Illinois for the work performed which are given on page 6 under Reimbursement Rate. Respondents should refer to the Adult Protective Service Standards and Procuredures Manual for further guidance. 4

5 4. Eligible Respondents This is a competitive process open to all entities: non-profit, for-profit, faithbased, private and public. DFSS is specifically interested in receiving proposals from organizations with previous or current experience in providing abuse intervention or crisis related case management on behalf of older adults, adults with disabilities or other vulnerable populations. Respondents whose existing contracts with DFSS are not in good standing will not be considered for a contract. Respondents not eligible include those that have had a City contract terminated for default; are currently debarred and/or have been issued a final determination by a City, State or Federal agency for performance of a criminal act, abridgement of human rights or illegal/fraudulent practices. All eligible agencies receiving adult protective service provider agency designation must comply with the requirements outlined in the Illinois Department on Aging's Adult Protective Service Standards and Procedures Manual, which is available at 5. Geographic Designation DFSS proposes to designate one or more adult protective provider agencies in the City of Chicago. The City is divided into ten service areas (see Attachment A) Respondents may bid on one or more services areas, or the entire city. B. RFP and Submission Information 1. Proposal Deadline The due date for this RFP is May 8, One original and one copy should be submitted to: Alexandra Cooney Deputy Commissioner of Senior Services Department of Family and Support Services 1615 West Chicago Avenue, 3 rd Floor Chicago, Illinois Proposals will be accepted prior to the due date, from 9:00 a.m. to 4:30 p.m. CST Monday Friday at the same location. All proposals must be complete. Incomplete proposals may not be reviewed. In-person or bonded messenger delivery of proposals is encouraged. Time stamped receipts will be issued as proof of timely submittal. No proposal will be considered complete and therefore reviewed unless the original copy is delivered and received at DFSS offices. Proposals received after the due date and time may be deemed NON- RESPONSIVE and, therefore, subject to rejection. 5

6 2. Questions Respondents are strongly encouraged to submit all questions and comments related to the RFP via . Please direct any questions to the appropriate liaison. For answers to all program-related questions please contact: Margaret Holmes: All other questions regarding the administrative aspects of this RFP may be directed to: Julia Talbot: 3. Pre-Submittal Conference A Pre-Submittal conference will be held on April 17, 2014 at the Department of Family and Support Services at 1615 W. Chicago Ave., in the 1 st Fl. Conference Room from 10:00 11:00am. To request reasonable accommodation for the pre-submittal conference, please contact Monica Rafac at monica.rafac@cityofchicago.org. Requests for accommodations will be accepted up to 48 hours prior to the event. 4. Timeline This is the anticipated timeline for the funded programming: RFP Released April 11, 2014 RFP Pre-Submittal Conference April 17, 2014 RFP Due May 8, 2014 Award Notification May 28, 2014 Start Program July 1, 2014 B. Program and Scope of Services 1. Overview As a designated Adult Protective Service Agency (formerly known as an Elder Abuse Provider Agency), the Respondent will be required to adhere to all standards and procedures as outlined by the City of Chicago s Department of Family and Support Services-Senior Services. In addition, the Respondent will be required to adhere to all procedures and standards as defined in the Illinois Department on Aging's Adult Protective Services Standards and Procedures Manual 2. Rates of Reimbursement The Illinois Department on Aging has established a fixed rate of reimbursement for adult protective service provider agency services: Rates of Payment Abuse, Neglect and/or Exploitation Assessments $ Case Work $

7 Follow-up $92.00/month Rates are subject to adjustment based on Department studies of the time spent on adult protective service activities, and/or budget parameters. Adult protective service provider agencies may also expend Early Intervention Services funds for which they will be reimbursed if the requirements in Chapter 7 of the Adult Protective Service Standards and Procedures Manual are met. The adult protective service provider agency must have resources available to purchase needed Early Intervention Services since reimbursement will occur only after submission of receipt/proof of purchase(s). Each adult protective service provider agency that meets the requirements in Chapter 9 of the Adult Protective Service Standards and Procedures Manual shall receive separate funding for the development and maintenance of a Multi- Disciplinary Team, subject to the availability of federal funds. The Chicago Department of Family and Support Services via the Illinois Department on Aging will reimburse for services and activities rendered by the adult protective service provider agency based on the availability of state funds. 3. Requirements and Standards a. The adult protective service provider agency shall be open for business at least seven hours each working day, and shall not be closed for more than four consecutive days. In addition, each adult protective service provider agency shall be open for business not less than two hundred forty-six working days per calendar year. The provider agency must create and implement a plan to receive and respond to reports of alleged or suspected abuse or neglect in which an eligible adult is placed at risk of injury or death, at any time such as report is received, 24 hours a day, 365 days a year, including after normal business hours and on weekends and holidays. b. The adult protective service provider agency shall have and observe written policies and procedures for the following: i. Maintaining confidentiality of client records consistent with the requirements of the Adult Protective Service Program requirements. ii. Complying with the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), the Civil Rights Act of 1964 (P.L , 78 Stat. 241), the Rehabilitation Act of 1973 (P.L , 87 Stat. 355), the Immigration Reform and Control Act of 1986 (P.L , 100 Stat. 3359), the Immigration Reform and Control Act of 1986 (P.L , 100 Stat. 3359), the Americans with Disabilities Act of 1990 (P.L , 104 Stat. 327, codified at 42 U.S.C. secs ), the Freedom of Information Act (5 ILCS 140/1 et seq.), and the Illinois Department on Aging's Civil Rights Program. 7

8 iii. Assigning an adult protective service worker for each adult protective service intake report received, either directly or relayed by the Illinois Department on Aging's Senior Help Line or the After-Hours Hotline, and back-up procedures for assigning a substitute adult protective service worker, who meets the minimum requirements, in the absence of the assigned adult protective service worker. iv. Providing services to non-english speaking and hearing impaired reporters, alleged victims, and clients of the Adult Protective Service Program. v. Other service activities outlined in Chapters 4, 5, 6, 7 and 8 of the Adult Protective Service Standards and Procedures Manual for which an agreement to perform those activities is in effect. Such policies and procedures are to be in place no later than three months after delegate agency agreement implementation date. vi. Personnel policies, job descriptions, and salary ranges for each job classification. Personnel policies shall include hours of work, benefits, and promotion and evaluation criteria: There shall be a written job description for each job category for all paid staff positions which are part of the Adult Protective Service Program. Personnel records shall be maintained for each employee and shall include at least the following: a. an employee proposal or resume; b. annual performance evaluation; c. supervisory reports regarding the employee; d. documentation of the following items: -proof that the employee's job description has been provided to the employee; -proof that the employee has received a copy of current written personnel policies for his/her job category at the time of employment and any subsequent revisions; -proof that the employee has been informed of the salary range for the specific job category at the time of employment and any subsequent revisions; -proof that paid employee benefits and grievance procedures, which are in compliance with both state and federal regulations, have been clearly stated and provided in writing to each employee; 8

9 -record of participation in Department provided/approved training for both paid and volunteer staff; and, all pre-service and in-service training. vii. Alternative procedures when the adult protective service provider agency supervisor is not available to discuss the abuse report with the caseworkers. c. The agency shall be physically located to provide accessibility to older persons and their families and other organizations providing service to the elderly in the agency's jurisdiction. d. The agency shall carry the insurance coverage listed below. The policies or current letters documenting all insurance coverage shall be available in the agency's files i. Worker's compensation; ii. iii. Unemployment compensation; and, General liability in the single limit minimum amount of $100,000 per occurrence. e. The adult protective service provider agency shall document the availability of professional personnel or consultants with a health care orientation and professional legal personnel to provide technical support and advice on individual cases as well as advice on matters pertaining to the overall program. The adult protective service provider agency may obtain these consultative services through the establishment of a multi-disciplinary consultation team, through letters of agreement, or through direct employment. f. The adult protective service provider agency shall have appropriate staff attend quarterly meetings conducted by the Regional Administrative Agency (DFSS) and training sessions as required by the Illinois Department on Aging. g. The adult protective service provider agency shall submit program and financial reports to the Regional Administrative Agency (DFSS) according to the instructions established for these forms by the Illinois Department on Aging. h. The adult protective service provider agency shall assure that staff in their agency receiving reports of abuse, neglect and exploitation who have not attended Illinois Department on Aging sponsored training shall receive documented training from the adult protective service provider agency supervisor who has successfully completed such training. i. No sub-contracts, assignments or other arrangements for the transfer of direct provision of services and/or responsibilities are authorized unless approved in writing by the Regional Administrative Agency (DFSS) and the Illinois Department on Aging. 9

10 j. The adult protective service provider agency agrees to retain all books, records and other documents relevant to the operation of the Adult Protective Service Program for three full years after final payment on the agreement and all other pending matters are closed, unless transfer is authorized in writing from the Illinois Department on Aging. Federal and/or state auditors and any persons duly authorized by the Illinois Department on Aging shall have full access to and the right to examine any of said materials during the said period or until resolution of all financial matters unless prohibited by state law and/or regulations. When a case file has been terminated, the case record shall be retained for five full years. Following the five year period the case records may be purged. k. The adult protective service provider agency agrees to administer services in accordance with the requirements outlined in the Adult Protective Service Standards and Procedures Manual, as currently stated or as amended during the delegate agency agreement period. l. The adult protective service provider agency must certify that staff members of the adult protective service provider agency are not in default of an educational loan as provided in Public Act m. The adult protective service provider agency must certify that it has not been barred from contracting with a unit of state or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of n. The adult protective service provider agency shall, when producing any public information for education materials on abuse, include in the materials the IDoA 800 number ( ), and the IDoA After-Hours Hotline ( ), and reference to the fact that it is part of the Department on Aging's statewide Adult Protective Service Program. Any written materials for the public on abuse shall also include the IDoA non-discrimination clause. o. The adult protective service provider agency shall have sufficient staff to perform all duties and responsibilities of the Adult Protective Service Program for which an agreement to perform is in effect. The abuse staff qualifications must comply with the minimum staff requirements outlined in Section 306 of the Adult Protective Service Standards and Procedures Manual p. The adult protective service provider agency shall insure adequate supervision of all aspects of the program in accordance with Section 306 of the Adult Protective Service Standards and Procedures Manual. 4. Program Operation Details a. Agency must conform to Chicago Department of Family and Support Services specifications for billing documentation and forms. All invoices and monthly statistical reports are due no later than the fifth calendar day of the month. Identify all Adult Protective Service clients as a caseload distinct from the 10

11 agency's general caseload and maintain accurate statistics on the client caseload. b. Establish linkages with other service providers including DFSS Information and Assessment (I&A) and Care Coordination Units. The DFSS Information and Assessment acts as a one-stop link referring seniors to a variety of senior programs and services. c. Maintain effective liaison with the Chicago Department of Family and Support Services to ensure maximum benefits of the program to clients, by meeting at least quarterly with DFSS staff to discuss problems, policies, and/or procedures, attending any other meeting relative to activities under the grant agreement and attending at least one (1) Chicago Department of Family and Support Services Provider Council meeting in the region(s) associated with the awardees service area, annually. d. Permit access, at reasonable times, by Chicago Department of Family and Support Services staff or its designees to all operations and records, for purposes of evaluation and audits related to the service agreement. All such records, information, and documentation shall be maintained by the Delegate agency for a minimum of five years after the grant agreement expires and until the program is audited by an independent auditing firm; e. Include staff in appropriate orientation and training programs of the Chicago Department of Family and Support Services; f. Perform, at a minimum an annual internal monitoring of worker performance. g. Participate in program promotion through the various news and public information media. All promotional activities must be cleared with the Chicago Department of Family and Support Services and credit the Department, and any other funding sources specified in the grant agreement, as the source of funds for the service. All printed information disseminated under the grant agreement must have approval of DFSS's Public Information Unit. h. Make provisions for serving the limited/non-english speaking and those with hearing impairments who communicate by sign language and/or telecommunication assistive devices for people with hearing, voice speech or language disorders. i. Have funds to support program expenditures until the project reimbursement processes have been stabilized (up to 4 months after funding authorization). 5. Reporting Requirements/Performance Measures Respondents will be required to make regular reports to the Illinois Department of Aging, Adult Protective Services system. 6. Project Location and Accessibility to People with Disabilities 11

12 Respondents must be committed to achieving full physical and programmatic accessibility as defined by the Americans with Disabilities Act (ADA). D. Evaluation and Selection Procedures 1. Process for Evaluation of Proposals Each application will be evaluated on the strengths of the application and the responsiveness to the selection criteria outlined below. DFSS reserves the right to consult with other city departments or public or private funders during the evaluation process. However, DFSS reserves the right to award contracts on the basis of initial proposals received without further discussions. Failure to submit a complete proposal and/or to respond fully to all requirements may cause the proposal to be deemed unresponsive and, therefore, subject to rejection 2. Selection Criteria The following criteria will be used in evaluating all proposals: a. Previous Programmatic Experience Respondents should demonstrate knowledge of the populations addressed in this RFP as well as the resources available. Demonstrated experience with abuse, neglect or exploitation, especially that involving older adults and persons with disabilities should be highlighted. Evidence of such successful programs should be included. DFSS will take into consideration past performance and monitoring reports involving applicant and DFSS. b. Administrative/Fiscal Capacity and Experience Respondents must demonstrate the ability to assume and meet all payroll and fiscal requirements of the program. Expertise of current staff and the staffing plan for the proposed program, supervising and program monitoring experience and capacity will also be reviewed, as well as the stability and involvement of the agency s board of directors as well as its ability to report in a timely fashion. c. Project Design Respondents must demonstrate that their proposed program design and administrative features are specifically tailored to the populations served. The extent to which the Respondent s proposed plan meets the expectations of the program options as described in the scope of services. d. Organizational Capacity Respondents must indicate the level of resources and expertise to manage the proposed program. This includes the organization s fiscal, technological, and administrative capabilities, and the location of the program site. 3. Additional Criteria The Proposals will be evaluated on the respondent s ability to provide Adult Protective Services as defined in this RFP. The evaluation process will focus on the following evaluation criteria: 1. Respondent s overall agency mission, programs/services, and resources. 2. Respondent s experience providing adult protective services or other abuse intervention related services. 12

13 3. Respondent s experience providing other social related services 4. Respondent s proposed hours of service 5. Quality of respondent s proposed service administration plan 6. Quality of respondent s proposed staffing pattern 7. Quality of respondent s proposed staffing qualifications 8. Respondent s current service linkages and resources 9. Quality of respondent s planned service linkages and resources 10. Quality of respondent s proposed emergency plan 11. Quality of respondent s investigative strategies 12. Quality and variety of respondent s references concerning past performance 13. Quality of respondent s proposed advanced staff training. E. Legal and Submittal Requirements 1. City of Chicago Economic Disclosure Statement (EDS) Respondents are required to execute the Economic Disclosure Statement annually through its on-line EDS system. Its completion will be required for those Respondents who are awarded contracts as part of the contracting process. More information about the on-line EDS system can be found at: 2. Disclosure of Litigation and Economic Issues Legal Actions: Respondent must provide a listing and brief description of all material legal actions, together with any fines and penalties, for the past five (5) years in which (i) Respondent or any division, subsidiary or parent company of Respondent, or (ii) any officer, director, member, partner, etc., of Respondent if Respondent is a business entity other than a corporation, has been: a. A debtor in bankruptcy; or b. A defendant in a legal action for deficient performance under a contract or in violation of a statute or related to service reliability; or c. A Respondent in an administrative action for deficient performance on a project or in violation of a statute or related to service reliability; or d. A defendant in any criminal action; or e. A named insured of an insurance policy for which the insurer has paid a claim related to deficient performance under a contract or in violation of a statute or related to service reliability; or f. A principal of a bond for which a surety has provided contract performance or compensation to an obligee of the bond due to deficient performance under a contract or in violation of a statute or related to service reliability; or g. A defendant or Respondent in a governmental inquiry or action regarding accuracy of preparation of financial statements or disclosure documents. Any Respondent having any recent, current or potential litigation, bankruptcy or court action and/or any current or pending investigation, audit, receivership, financial insolvency, merger, acquisition, or any other fiscal or legal circumstance which may affect their ability currently, or in the future, to successfully operate the requested program, must attach a letter to their proposals outlining the circumstances of these issues. Respondent letters should be included in a 13

14 sealed envelope, directed to Commissioner Evelyn Diaz. Failure to disclose relevant information may result in a Respondent being determined ineligible or, if after selection, in termination of a contract. 3. Grant Agreement Obligations By entering into this grant agreement with the City, the Respondent is obliged to accept and implement any recommended technical assistance. The grant agreement will describe the payment methodology. DFSS anticipates that payment will be conditioned on the Respondent s performance in accordance with the terms of its grant agreement. The City intends to award grants to selected Respondents for an initial 48 month period with the right to extend the agreement for up to two one-year periods. Grant agreement extensions may be made by the City based on the availability of funds, the need to extend services, and the Respondent s performance. By entering into this grant agreement with the City, the grant recipient is obliged to accept and implement any recommended technical assistance. The grant agreement will describe the payment methodology. DFSS anticipates that payment will be conditioned on the grant recipient s performance in accordance with the terms of its grant agreement 4. Funding Authority This initiative is administered by the Department of Family and Support Services as funded by Illinois General Revenue Funds and U.S. Department of Health and Human Services, Administration on Aging, Title VII funds. Consequently, all guidelines and requirements of the Department of Family and Support Services, the City of Chicago, the Illinois Department of Aging and the U.S. Department of Health and Human Services, Administration on Aging must be met. Additionally, all successful Respondents must comply with the Single Audit Act if applicable. 5. Insurance Requirements Successful awarded Respondents will provide and maintain, at their expense, the insurance coverage and requirements specified by the City of Chicago in the Insurance Requirements and Insurance Certificate. The Insurance Certificate of Coverage is only required for those awarded Respondents who are selected for a grant agreement award at which time more information will be given. This certificate does not have to be provided when responding to the RFP. 6. Indemnity The successful Respondent will be required to indemnify City of Chicago for any losses or damages arising from the delivery of services under the grant agreement that will be awarded. The City may require the successful Respondent to provide assurances of performance, including, but not limited to, performance bonds or letters of credit on which the City may draw in the event of default or other loss incurred by the City by reason of the Respondent's delivery or non-delivery of services under the grant agreement. 7. False Statements a False Statements. 14

15 Any person who knowingly makes a false statement of material fact to the city in violation of any statute, ordinance or regulation, or who knowingly falsifies any statement of material fact made in connection with an proposal, report, affidavit, oath, or attestation, including a statement of material fact made in connection with a bid, proposal, contract or economic disclosure statement or affidavit, is liable to the city for a civil penalty of not less than $ and not more than $1,000.00, plus up to three times the amount of damages which the city sustains because of the person's violation of this section. A person who violates this section shall also be liable for the city's litigation and collection costs and attorney's fees. The penalties imposed by this section shall be in addition to any other penalty provided for in the municipal code. (Added Coun. J , p , 1) b Aiding and Abetting. Any person who aids, abets, incites, compels or coerces the doing of any act prohibited by this chapter shall be liable to the city for the same penalties for the violation. (Added Coun. J , p , 1) c Enforcement. In addition to any other means authorized by law, the corporation counsel may enforce this chapter by instituting an action with the department of administrative hearings. (Added Coun. J , p , 1) 8. Compliance with Laws, Statutes, Ordinances and Executive Orders Grant awards will not be final until the City and the respondent have fully negotiated and executed a grant agreement. All payments under grant agreements are subject to annual appropriation and availability of funds. The City assumes no liability for costs incurred in responding to this RFP or for costs incurred by the respondent in anticipation of a grant agreement. As a condition of a grant award, respondents must comply with the following and with each provision of the grant agreement: a. Conflict of Interest Clause: No member of the governing body of the City of Chicago or other unit of government and no other officer, employee, or agent of the City of Chicago or other government unit who exercises any functions or responsibilities in connection with the carrying out of the project shall have any personal interest, direct or indirect, in the grant agreement. The respondent covenants that he/she presently has no interest, and shall not acquire any interest, direct, or indirect, in the project to which the grant agreement pertains which would conflict in any manner or degree with the performance of his/her work hereunder. The respondent further covenants that in the performance of the grant agreement no person having any such interest shall be employed. b. Governmental Ethics Ordinance, Chapter 2-156: All respondents agree to comply with the Governmental Ethics Ordinance, Chapter which includes the following provisions: a) a representation by the respondent that 15

16 he/she has not procured the grant agreement in violation of this order; and b) a provision that any grant agreement which the respondent has negotiated, entered into, or performed in violation of any of the provisions of this Ordinance shall be voidable by the City. c. Selected respondents shall establish procedures and policies to promote a Drug-free Workplace. The selected respondent shall notify employees of its policy for maintaining a drug-free workplace, and the penalties that may be imposed for drug abuse violations occurring in the workplace. The selected respondent shall notify the City if any of its employees are convicted of a criminal offense in the workplace no later than ten days after such conviction. d. Business Relationships with Elected Officials - Pursuant to Section (b) of the Municipal Code of Chicago, as amended (the "Municipal Code") it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected official has a business relationship, or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a business relationship. Violation of Section (b) by any elected official with respect to the grant agreement shall be grounds for termination of the grant agreement. The term business relationship is defined as set forth in Section of the Municipal Code. Section defines a business relationship as any contractual or other private business dealing of an official, or his or her spouse or domestic partner, or of any entity in which an official or his or her spouse or domestic partner has a financial interest, with a person or entity which entitles an official to compensation or payment in the amount of $2,500 or more in a calendar year; provided, however, a financial interest shall not include: (i) any ownership through purchase at fair market value or inheritance of less than one percent of the share of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends on such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended; (ii) the authorized compensation paid to an official or employee for his office or employment; (iii) any economic benefit provided equally to all residents of the City; (iv) a time or demand deposit in a financial institution; or (v) an endowment or insurance policy or annuity contract purchased from an insurance company. A contractual or other private business dealing shall not include any employment relationship of an official s spouse or domestic partner with an entity when such spouse or domestic partner has no discretion concerning or input relating to the relationship between that entity and the City. e. Compliance with Federal, State of Illinois and City of Chicago regulations, ordinances, policies, procedures, rules, executive orders and requirements, including Disclosure of Ownership Interests Ordinance (Chapter of the Municipal Code); the State of Illinois - Certification Affidavit Statute (Illinois 16

17 Criminal Code); State Tax Delinquencies (65ILCS 5/ ); Governmental Ethics Ordinance (Chapter of the Municipal Code); Office of the Inspector General Ordinance (Chapter 2-56 of the Municipal Code); Child Support Arrearage Ordinance (Section of the Municipal Code); and Landscape Ordinance (Chapters 32 and 194A of the Municipal Code). f. If selected for grant award, respondents are required to (a) execute the Economic Disclosure Statement and Affidavit, and (b) indemnify the City as described in the grant agreement between the City and the successful respondents. g. Prohibition on Certain Contributions, Mayoral Executive Order Neither you nor any person or entity who directly or indirectly has an ownership or beneficial interest in you of more than 7.5% ("Owners"), spouses and domestic partners of such Owners, your Subcontractors, any person or entity who directly or indirectly has an ownership or beneficial interest in any Subcontractor of more than 7.5% ("Sub-owners") and spouses and domestic partners of such Sub-owners (you and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee during (i) the bid or other solicitation process for the grant agreement or Other Contract, including while the grant agreement or Other Contract is executory, (ii) the term of the grant agreement or any Other Contract between City and you, and/or (iii) any period in which an extension of the grant agreement or Other Contract with the City is being sought or negotiated. You represent and warrant that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached you or the date you approached the City, as applicable, regarding the formulation of the grant agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. You shall not: (a) coerce, compel or intimidate your employees to make a contribution of any amount to the Mayor or to the Mayor s political fundraising committee; (b) reimburse your employees for a contribution of any amount made to the Mayor or to the Mayor s political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. The Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No Violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No constitutes a breach and default under the grant agreement, and under any Other Contract for which no opportunity to cure will be granted. 17

18 Such breach and default entitles the City to all remedies (including without limitation termination for default) under the grant agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If you violate this provision or Mayoral Executive Order No prior to award of the Agreement resulting from this specification, the Commissioner may reject your bid. For purposes of this provision: "Other Contract" means any agreement entered into between you and the City that is (i) formed under the authority of Municipal Code Ch. 2-92; (ii) for the purchase, sale or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved and/or authorized by the City Council. "Contribution" means a "political contribution" as defined in Municipal Code Ch , as amended. "Political fundraising committee" means a "political fundraising committee" as defined in Municipal Code Ch , as amended. h. (i) The City is subject to the May 31, 2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and the June 24, 2011 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibit the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors. (ii) You are aware that City policy prohibits City employees from directing any individual to apply for a position with you, either as an employee or as a subcontractor, and from directing you to hire an individual as an employee or as a subcontractor. Accordingly, you must follow your own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by you under the grant agreement are employees or subcontractors of you, not employees of the City of Chicago. The grant agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by you. (iii) You will not condition, base, or knowingly prejudice or affect any term or aspect of the employment of any personnel provided under the grant agreement, or offer employment to any individual to provide services under the grant agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of the grant agreement, a political organization or party is an 18

19 identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office. (iv) In the event of any communication to you by a City employee or City official in violation of paragraph (b) above, or advocating a violation of paragraph (c) above, you will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section of the City's Office of the Inspector General ( IGO Hiring Oversight ), and also to the head of the Department. You will also cooperate with any inquiries by IGO Hiring Oversight or the Shakman Monitor s Office related to the grant agreement. 19