OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL,
MAYOR
July 29, 2015
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith ordinances authorizing the sale of city-owned property.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City is the owner of the vacant parcel of property located at 3832 South Emerald Avenue, Chicago, Illinois, which is legally described on Exhibit A attached hereto ("Property"), and
WHEREAS, the City, acting through its Department of Planning and Development ("DPD"), has proposed to sell the Property through a sealed bid auction pursuant to Chapter 2-158 ofthe Municipal Code ofthe City; and
WHEREAS, the Commissioner of DPD caused to be published notice advertising the City's intent to sell the Property through a sealed bid auction and such advertisements appeared in the Chicago Sun-Times, a newspaper of general circulation, on May 11, 2015, May 18, 2015 and May 25, 2015; and
WHEREAS, the bid received in response to the aforesaid public notice was opened in a public meeting before a certified court reporter and DPD received one conforming sealed bid from Bertco Development, LLC in the amount of $112,000.00; and
WHEREAS, pursuant to Resolution No. 15-061-21 adopted on July 16, 2015, by the Plan Commission of the City (the "Commission"), the Commission approved the sale of the Property; and
WHEREAS, DPD has recommended that the sealed bid of Bertco Development, LLC be accepted by the City Council of the City ("City Council"); now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The City Council hereby accepts the bid of Bertco Development, LLC, 1130 West 35th Street, Chicago, Illinois 60609 ("Grantee"), and approves the sale of the Property to the Grantee in the amount of One Hundred Twelve Thousand and No/100 Dollars ($112,000.00).
SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the Property to the Grantee, or to a land trust of which the Grantee is the sole beneficiary, or to a business entity of which the Grantee is the sole controlling party.
SECTION 3. DPD is authorized to deliver the deed to the Grantee upon receipt of the balance of the purchase price in accordance with its standard procedures. In the event that the closing has not occurred within three months from the passage of this ordinance through no fault of the City, DPD may cancel the sale upon written notice to the Grantee, retain the Grantee's deposit check as liquidated damages, and again offer the Property for sale.
SECTION 4. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 5. All ordinances, resolutions, motions or orders inconsistent with this ordinance are hereby repealed or amended to the extent of such conflict.
SECTION 6. This ordinance shall take effect upon its passage and approval.
EXHIBIT A
Purchaser: Purchaser's Address: Purchase Amount: Appraised Value:
Bertco Development, LLC 1130 West 35th Street $112,000.00 $105,000.00
Parcel 1:
Legal Description (Subject to Title Commitment and Survey):
Lot 11 in Block 3 in McPherson and Allerton's Addition to Chicago, said Addition being a Subdivision of Block 25 in Canal Trustee's Subdivision of Section 33, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois.
Address: 3832 South Emerald Avenue
Chicago, Illinois 60609
Property Index Number: 17-33-321-035-0000
CI TY 01-' CHICAGO KCONOMIC D1SCL0SUUH STATKIY1 !CNT AND AFFIDAVIT
SKCTION I - GKNI'.UAL INFORMATION
A. ¦Loj>:il name of (lie Disclosing Party subinilliiii. Ibis 1-D:', Include d/b/a/ il applicable: J5LKTC0 DEVKLOPMLNl', LLC
('hock ON 10 of (lie following (lu ce boxes:
Indicate wliclhci I lie Disclosing Party siiliinillin_ this liDS is:
1. jcj, (he Applicant
O'H
2. - | j a legal cnlily holding a dirccl or indirect interest in llic Applicant. S'lalc llic legal name ofllie
Applicanl in which the Disclosing Party holds an interest: _
OR
3. [ J a legal entity with a right of control (sec Section II.H. I.) Stale Ihe legal name of the entity in
which the Disclosing Parly holds a right ol" control: . __
11. Business address ofthe Disclosing Party: 1130 W. 35l:h Street:
_ C h 1 c uj; u , 1 L_ 6 0 6 09
C. Telephone: 312-656-15 7 7 Fax: 773-376-8709 Email:
m 1 ch a c ItVlb g r t u c c J. b u J. 1 d cr a . c om
I). Name oI*contact person: HICIIAKL uERTUCCI
Ii. Federal Employer Idcnlificalion No. (if yon have one) __ ... __
I'. 13 rie t 'description of contract, transnclion or other undertaking (referred to below a.s the "Mailer") lo which this I'.DS pertains. (Include, project number ami location of property, if applicable):
Vacant lot For Sale by the City of Chicago .located at 3832.S. Emerald Avonue. Chicago, .11, 60609.
c;. Which Cily li'gc.ncy or department is requesting litis IIIXSV DEPT. OF FLAMNLNG & DEVTILOFMENT
Ifthe Matter is a contract being bandied by the Cily_s Department of Procurement Services, please complete the following:
Specification II N/A and Contract // _n/A
Pajie 1 ol" 13
SMOTION II - DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF THE DISCLOSING PARTY
I. Indicate the nature oi'the Disclosing Party:
[j Person jf.^ Limited liability company
j ] Publicly registered business corporation I] Limited liability partnership
I ] Privately held business corporation [ ] Joint venture
f] Sole proprietorship [] Not-for-profit corporation
I J General partnership (Is the not-for-profit corporation also a 501 (c)(3))?
| ] Limited partnership [ ] Yes f ] No
[ ] Trust [] Other (please specify)
For legal entities, the slate (or foreign country) of incorporation or organization, if applicable:
ILLINOIS
For legal entilies not organized in the State oflllinois: Has the organization registered to do business in the Slate oflllinois as a foreign entity?
| ] Yes []No jbJN/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
I. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also lisl below all members, if any, which are legal entities. If there arc no such members, write "no members." For trusts, estates or other similar entities, list below the legal tide-holdcr(s).
Ifthe entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity thai controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on ils own behalf.
Name Title
MICHAEL BERTUCC1 MANAGING MEMBER
DOMINIC BERTUCCX MEMBER
/ Please provide the following information concerning each person or entiiy having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples
ol such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary ol a trust, estate or oilier similar eniily. If none, stale "None." NOTE: Pursuant to Section 2-154-030 of tbe Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended !o achieve lull disclosure.
Name Business Address Percentage Interest in the
Disclosing Parly
MieHAEL-REimtCCX. 113.0...W...J.5.tlT_Jlt..,.._Ghgr)^_Ll- 5£>Z -
¦DOMI-N-1-G-BER-TUGCJ:-- -1-130 -W-i—•;i5t-h~S*--1-~-Ghgo-,—1-1 5 Ore
SECTION 111 - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party bad a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any Cily elected official in the 12 months before the date this EDS is signed?
1.3 Yes 5ub2No
If yes, please identify below tlie nanie(s) of such City elected official(s) and describe such relalionship(s):
SECTION IV — DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or eniily whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and Ihe total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through ihe Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative pr administrative action on behalf of any person or entity other than: (I) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of .-mother includes undertaking to influence any legislative or administrative action.
Ifthe Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask (he Cily whether disclosure is required or make (be disclosure.
Page. 3 of i 3
Name (indicate whether . Business Relationship to Disclosing Parly Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:-
lo be retained) lobbyist, etc.) "hourly rate" or "l.b.d." is
not an acceptable response.
SEE EXHIBIT ATTACHED. The exhibit is a list of all
parties anticipated to be retained in the construction of a single family residence at the property commonly known as 3823 S. Emerald Ave., Chgo, IL 60609. All other work on said building is conducted by employees who are paid solely through Disclosing Party's regular payroll.
(Add sheets if necessary)
| | Check here if the Disclosing Parly hns not retained, nor expects to rclnin, any such persons or'entities. SECTION V -- CERTIFICATIONS
V IL
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92--115, substantial owners of business entities that contract with Ihe City must remain in compliance will) their child support obligations throughout the contract's term.
lias any person who directly or indirectly owns 10% or more of llic Disclosing Parly been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
r | Yes fa] No [ ] No person directly or indirectly owns 10% or more of Ihe
Disclosing Parly.
i
If "Yes," has (he person entered inlo a court-approved agreement for pnymcnl of all support owed nncl is the person in compliance with that agreement?
| ] Yes f 1 No
JJ. FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article 1 ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") oml Icgnl rapnremcvils), iflbc Disclosing Party submitting this EDS is the Applicant and is doing business will) the City, then the Disclosing Party certifies as follows: (i) neither (lie Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, Hi eft, fraud, forgery, perjury, dishonesty or deceit against nn officer or employee ofthe Cily or any sister agency; and (ii) the Applicant understands and acknowledges lhnl compliance wilh Article 1 is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, (he permanent complioncc timeframe! in Article I. supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page A of 13
TOTAL FEE klL FEES ARE ESTIM o o d o LO ¦to- o o d o CD LIT •co- $32,000.00 $14,500.00 o q d o 00 •OT- $10,000.00 o q d o o UT ¦OT- O q d o UT fN •OT- o o d o CD -OT- o q d o UT -OT- O o d o UT ¦OT- O O d o ro" •OT- O q d o q^ on rH •OT- O O d o LO -OT- o q d o LO cn -OT- o o d o CD -OT- O O d o CD d" -OT- o q d o q r-^ rH ¦ot- o q d o o d~ rsi -OT- o o d o rH -OT- o o d o q^ rs? ¦OT- o q d o cn rsi •ot- o o d o rH -OT- o o d o rs? ¦OT- $19,000.00 d o d o rs? -OT-
to i >- 0) c o 4-» 4-> < +-> cj QJ 4-" JZ u < i_ a) X! E to UD o UD c? on ro u 'sz (_) cu > < to QJ Isz OT OT UD rH fN m CO o XJ C O UD O UD I o" bo ro u 1c U +j or +-> \i UD rH LO rH o i or no to O UD _i o" CuO ro u sz U oi > < "ro c a) U 2: o oo rH LO 1 o _g u_ -a o o XJ i_ ro X o m UD o ID i 6" bo ro o sz U c o to OT O "st" tO 4-> cu c. x> ro CJ tz tu sz u. 4-* OT O UD O UT I cT bo ro cj jz CJ +j or sz 4-> on cu CL 1_ ro U rsl fN ID O CO 1 cT bo ro o sz U 4-5 OT Ol u a: or o rsi 4-J c cu E +-> Q. ZJ CT LU u < > X 00 rH ID O UD d bo ro o sz U c o to xj < zi cn o on TO Q cu bo ro i_ ro O c O 4-> _ro n to c c o 4-> ro "ro 4-J to c U < > jC to QJ "5. CL Zi OT "ro u 'iZ 4-" u QJ LU to CL o t cu 4-> fZ 3 o u O) 4-J ro i_ sD OT o UD O UD I cT bo ro CJ sz U T3 QJ 4-> to ro X or o LO on bo '4-> c 'ro o_ ZS ro >¦ i_ c- o to ro QJ rz o 4-> OT OT ro "3- O UD I ¦£ o E QJ 1 m 00 4-< CC OT O O 00 O rH o -Q ro >¦ c o to ro bo c O O 1_ o_ Cl £ ro Q QJ cz o 4-" OT XI _QJ U >-CJ QJ CC i_ o XI ro >- L_ 4-> SZ QJ CL i— ro O ro to O CL to Q QJ to ZJ H— CU cc
BUSINESS ADDRESS UD rH o to 1 6" bD fD o sz o +J OO jC 4-> LO m CTl O OO rsl CM UD O UD _l o" tU3 fD (_> SZ o cu > < "a c i— 5: CO CO r-1 tH UD o o UT 1 xT c ro ^ cu Z! DQ A-> c o E i_ cu > <: 00 UT fN rsl rsi LO CO o UD 1 o" bo ro u U i D_ _C 4-> UD 00 zi «sf o or rsi cn LO ¦sl-o UD 1 ^2. c ro SD v_ Zl CO cu X! O i_ 4-> ro or LO rsi O 00 OT ro O UD 1 4-J- d o E cu 1 o LO X o CD q al r^ LO UD O UD 1 6 bO ro <_i sz U cu it cu JZ OT -z. o o m m or o UD O UD 6" bD ro u jz CJ 2 QJ £ LU OT cn o LO ^r 00 UT ^r o UD 1 cu -4-» to Zl 4-J OT rsl _s^ o >- or m rM X o q UD O rH O UD 1 > c tu to fZ QJ CO 4-> OT rz QJ QJ l_ LU rsi rsi UD rsi LO ^r o UD 1 4-J to QJ \ o LL. ro o Q ro u 'to to oj rH rsl LO or o UD o UD 1 cT bo ro CJ jz O 4-j OT XJ i_ on ^r zi o o rN rH
LU < rz o XS o o _D_ jz CL. C o '+-> ro o CL l_ o u < o_ 6 u bo rz e _ZJ CL. O 'bo DO O u_ O rz _S£ o 5 c o to to 1 to l— o o Q 4-j CU CL 1_ ro a bO c o _o LL O l_ ro to +-> cu c 1c ro CJ rsl 1— 4-J LO b 4-> CU CL is c LU to n "cu $ o c o '+-• _ro rs to £= OT u 2 ro u a ro sz u cu ^ c o u ro u_ ^- CL OT (J 4-" _cu LU O LU 4-» c o E ro ro o_ QJ c o +-> OT U 4-> LO "+-> V- < o u bo _c '+-> c 'ro o_ "£Z ro 4-J to C o '4-> ro i— o 4-> LO CU or OT i 1— 1 CO (J cz QJ 4-> QJ i_ O c o u X £ X5 CU DC ro bo tz rsj o 6 u cu JD £ Z3 _l to cu c X X5 1— ro XJ LU 6 U CL CL 3 OT JXL U 'u. CO to O c to 4-> CJ ZJ XJ o CL QJ c o 4-> OT bo c |o '5 QD (J c rz o to ro ^ or v: bo c t»-o o 1_ CL CL E ro Q ro > CO 6 c to i_ CU -C 4-> o I— CO -£Z ro x> c Lu o" a fZ o -4-> CJ ZJ l_ 4-> to rz o u o bp or l— QJ <4- to c ro i_ H-ro XJ ro QJ sz OT
2. The Disclosing Parly and, if the Disclosing Parly is a legal eniily, all ol"(hose persons or entities identified in Section II.B.l. of this EDS:
t
a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, slate or local unit of government;
1). bavc not, within a five-year period preceding (lie date of this EDS, been convicted of a criminal oflbn.se , adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting lo obtain, or performing a publie (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false stalcmeius; or receiving stolen properly;
arc not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses sel forth in clause B.2.b. of this Section V;
have not. within a five -year period preceding the dale of this EDS, had one or more public transactions (federal, slate or local) terminated for cause or default; and
c. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by (he City or by the federal government, any stale, or any other unit of local government.
'.]. The certifications in subparts 3, 4 and 5 concern:
* the Disclosing Party;
• any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Parly in connection with the Matter, including but not limited lo all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
? any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Parly, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity lo do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as tbe ineligible entity); with respect lo Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls (ho Contractor, is controlled by it, or, with Ihe Contractor, is under common control of another person or eniily;
• any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee ofthe Disclosing Parly, any Contractor or any Affiliated Eniily, acting pursuant to the direction or authorization of n responsible official of die Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 1.3
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Parly or any Contractor nor any Agents have, during the five years before the dale this EDS is signed, or, with respect to a Contractor, an Affiliated Entiiy, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a publie officer or employee ofthe City, the Stale of Illinois, or any agency of the federal government or ofany state or local government in the United Stales of America, in lhat officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of stale or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense ofany state or of the United Stales of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any ofthe following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department ofthe Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entiiy List and the Debarred List.
The Disclosing Parly understands and shall comply wilh the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.
Ifthe Disclosing Parly is unable to eeriify lo any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
Page 6 of 13
If the letters "NA," tlie word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Parly certified lo the above statements.
S. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Parly who were, at any lime during the 1 2-month period preceding the execution dale of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
9. To ihe best ofthe Disclosing Parly's knowledge after reasonable inquiry, (he following is a complete list of all gifts lhat the Disclosing Party lias given or caused to be given, al any time during the 12-month period preceding the execution date of ihis-EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to Cily employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate-with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
.JUA
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Parly certifies (hat (he Disclosing Party (check one) I ] is xiiisnol
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
Ifthe Disclosing Party IS a financial institution, (hen (he Disclosing Party pledges:
"We arc not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. Wc further pledge thai none of our affiliates is, and none of them will become, fi predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in Ihe loss ofthe privilege of doing business with the City."
Page 7 of 13
If the Disclosing Parly is unable to make this pledge because it or any of its affiliates (as defined in , Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
If die idlers "NA," (lie word "None," or no respon.se appears on llic lines above, it will be conclusively presumed thai llic Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST JN CITY BUSINESS
Any words or leinis that arc defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-1 10 ofthe Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in ihe name ofany other person or
, entity in the Matter?
[ ] Yes x£4 No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D-3. If yon checked "No" to Item D.l., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase ofany property lhat (i) belongs to the Cily, or (ii) is sold lor taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant lo the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a Cily Property Sale?
f ] Yes f. ] No
If you checked "Yes" lo Item D.l., provide tbe names and business addresses of tlie City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies thai no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If ihe Disclosing Parly checks 2., the Disclosing Party must disclose below Of in ;m attachment to this HDS all information required by paragraph 2. Failure to
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comply will* lhe.se disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the Cily.
X_l. The Disclosing Party verifies that the Disclosing Parly has searched any and all records of the Disclosing Parly and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued lo .slaveholders lhat provided coverage for damage to or injury or death of their slaves), and the Disclosing Parly has found no such records.
2. The Disclosing Party verifies that, as a result of conducting Ihe search in step 1 nbove, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names ofany and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. Ifthe Matter is not federally funded, proceed lo Section VII. For purposes of Ibis Section VI, tax credits allocated by the Cily and proceeds of debt obligations ofthe City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
I. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1 995 who,have made lobbying contacts on behalf of the Disclosing Parly with respect lo the Mailer: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or ifthe letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means lhat NO persons or entities registered under the Lobbying Disclosure Acl of 1995 hove made lobbying contacts on behalf of (he Disclosing Party wilh respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.L above for his or hei lobbying activities or to pay any person or entity lo influence or attempt to influence an officer or employee ofany agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection wilh the award ofany federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
>
The Disclosing Parly will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy ofthe statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Parly certifies that cither: (i) il is not an organization described in section 501 (c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
Jf tbe Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Parly must maintain all such subcontractors' certifications for the duration ofthe Mailer and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit, the following information with theii bids or in writing at the outset of negotiations.
is the Disclosing Party the Applicant?
1.1 Yes []No If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See A 1 CFR Part 60-2.)
f ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
IJYos I.] No
Have you participated in any prcvinus contracts or .subcontracts subject to the equal opportunity clause?
( ] Yes [ ] No
If you cheeked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing, Parly understands and agrees that:
The certifications, disclosures, and acknowledgments contained in (his EDS will become part ofany contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and me material inducements lo the City's execution ofany contract or taking other action with respect (0 the Matter. The Disclosing Parly understands that il must comply wilh all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.c-ityofchicngo.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with (he applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection wilh which il is submitted may be rescinded ot be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter aud/or deelining to allow the Disclosing Party lo participate in other transactions with the Cily. Remedies at law for a false statement, of material fact may include incarceration and an award lo the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe information provided on this EDS and any attachments to this EDS may be made available to the publie on the Internet, in response lo a Freedom of Information Acl request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against Ihe Cily in connection with the public release of information contained in (his EDS and also authorizes the Cily lo verify the accuracy ofany information submitted in this EDS.
T,ie information provided in (his EDS must be kept current. In the event of changes, the Disclosing Parly must supplement this EDS up to (he time the City takes action on (he Matter. If the Matter is a eonlrnel being handled by the City's Department of Procurement Services, the Disclosing Parly must upduic this EDS us the contract require;;. NOTE: With respect to Matters subject lo Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the mformalion provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Parly represents and warrants thai:
Page 11 of 13
F.l. The Disclosing Party is not delinquent in the payment of any tax administered by tbe Illinois Department|of Revenue, nor arc the Disclosing Parly or its Affiliated Entities delinquent in paying any fine, lee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, properly taxes or sales taxes.
F.2 If thc;Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 Ifthe Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance lo those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that docs not provide such certifications or that the Disclosing Party has reason lo believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Paily cannot certify as to any of the items in F. 1., F 2. or F.3. above, an explanatory statement must be attached lo this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2.) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) arc true, accurate and complete as ofthe date furnished to the City.
BIJITCO DEVELOPMENT, LLC
(Print or type name of DisaJiisjng Party)
By:
(Sign here)
MICHAEL BERTUCCI, Managing Member
(Print or type name of person signing)
(Print or type title of person signing)
Page 12 of 13
Commission cxpircs:_ 4.-18-2016
CITY OK CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HI?ADS
This Appendix is lo he completed only by (a) the Applicant, and (b) any legal entity which Iras s\ direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only mi indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" wilh any elected eity official or department head. A "familial relationship" exists if, as ofthe date this CDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the cily treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, lalhcr-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (I) all executive officers ofthe Disclosing Parly listed in Section 11.13.1 .a., ifthe Disclosing Parly is a corporation; all partners ofthe Disclosing Parly, if the Disclosing Party is a general partnership; all general partners and limbed partners of the Disclosing Party, ifthe Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, ifthe Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Parly; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Parly. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entiiy or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Parly" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
| JYes x^No
i If yes, please identify below (1) (he name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title ofthe elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
N/A
Page 13 of 13
CJTY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is (o be completed only by (a) the Applicant, and (b) any legal entity which lias a direct ownership interest in (he Applicant exceeding 7.5 percent (an "Owner"). It is not lo be completed by any legal entity which lias only an indirect ownership interest in the Applicant.
Pursuant lo Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal Code?
I JYes fx]No
Ifthe Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 ofthe Municipal Code?
f ]Yes f JNo |x] Not Applicable
If yes to (1) or (2) above, please identify below the name ofthe person or legal entity identified as a building code scofflaw or problem landlord and the address of (he building or buildings (o which (he pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OF, THE ASSOCIATED EDS, AND THAT THE REPRESENTATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OFTHE ASSOCIATED EDS.