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January 18, 2012
To the President and Members of the City Council:
Your Committee on Economic, Capital and Technology Development for which a meeting was held on January 11, 2012; having under consideration an ordinance authorizing a grant to ACCION Chicago to administer micro loan program introduced by Mayor Rahm Emanuel and Alderman Ricardo Munoz on December 14, 2011, begs leave to report and recommend that Your Honorable Body Pass the proposed resolution transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of the Committee.
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
December 14,2011
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Business Affairs and Consumer Protection, I transmit herewith, together with Alderman Munoz, an ordinance authorizing a grant to ACCION Chicago to administer a microloan program.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
\ % i. < ■
ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government under Section 6(a), Article VII ofthe 1970 Constitution ofthe State of Illinois; and
WHEREAS, the City recognizes that smaller neighborhood businesses within Chicago, including minority-owned and women-owned businesses, which collectively employ a substantial percentage of Chicago's workforce, often have difficulty accessing traditional bank loan programs for their routine business needs; and
WHEREAS, the City's Department of Business Affairs and Consumer Protection (the "BACP") now desires to create incentives for the establishment and training of new non-bank microlenders to operate within Chicago, and further to assist such new microlenders by grants to create a portion of their initial microloan capital funding for microloans to small businesses located within the City of Chicago; and
WHEREAS, ACCION Chicago, an Illinois not-for-profit corporation, that itself is a microlender doing business within Chicago, presented BACP with a structure by which, through funding provided by others, it (i) will establish an in-house training program to be known as The Chicago Microlending Institute (the "Institute"), (ii) will find and train, through the Institute, at least two entities that presently have minimal or no expertise in microlending, and (iii) will offer access to its microlending training materials to up to four additional entities that presently have minimal or no expertise in microlending ((ii) and (iii) hereof, collectively, the "Microlender Training"); and
WHEREAS, once Microlender Training has commenced, ACCION Chicago (x) will subgrant funds, through grant funding provided by the City, to the newly-trained microlenders sufficient for them to make a limited number of new microloans, and (y) once the newly-trained microlenders are established as stable microlenders, will further subgrant additional City grant monies to at least two of the new microlenders to fully or partially capitalize their own microloan capital funds (the "New Microlender Loan Capitalizations"); and
WHEREAS, ACCION Chicago will utilize a portion ofthe grant funding provided by the City to supplement its own microloan capital fund and thereby to increase the size of its own microloan program (the "ACCION Chicago Additional Loan Capitalization") (the creation ofthe Institute, the Microlender Training, the New Microlender Loan Capitalizations, and the ACCION Chicago Additional Loan Capitalization, collectively, the "Program"); and
WHEREAS, ACCION and BACP will jointly establish an unincorporated, unpaid advisory board ("Advisory Board"), whose membership will be subject to BACP approval and on which Advisory Board BACP will hold a permanent position, to set and implement policies regarding selected aspects ofthe Program; and
WHEREAS, on December 4, 2008, the City Council ofthe City (the "City Council") enacted an ordinance, memorialized at pages 50506 through 50780 ofthe Journal of Proceedings of the City Council of the City of Chicago (the "Journal") for such date, concerning a metered parking transaction and associated concession agreements (the "Meter Ordinance") and, as part of said Meter Ordinance, a certain Human Infrastructure Fund was established and certain ofthe proceeds ofthe transaction were appropriated thereto; and
WHEREAS, on November 10, 2010, the City Council enacted an ordinance,
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memorialized at pages 105471 through 105474 ofthe Journal for such date, that reappropriated $1,000,000 ofthe funding ofthe Human Infrastructure Fund to the BACP to support a Small Business Loan Fund program, which program does not exist; and
WHEREAS, BACP has preliminarily reviewed and approved the making of a grant in an amount not to exceed $1,000,000 (the "Grant") to ACCION Chicago to fund the New Microlender Capitalizations and the ACCION Chicago Additional Loan Capitalization under certain terms and conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein.
SECTION 2. The Program is hereby authorized.
SECTION 3. The Commissioner of BACP (the "Commissioner") and a designee of the Commissioner (collectively, the "Authorized Officer") are hereby authorized, subject to approval by the Corporation Counsel, to enter into and execute a grant agreement with ACCION Chicago for the Grant and to implement the Program, subject to the following limitations:
- payment of the Grant will proceed in at least four tranches, with the payment of each tranche conditioned, among other things, upon (i) the availability of proportional amounts of funding (from others) for the training and administrative costs of the Program and (ii) the rate and quantity of microloan closings; and
- the performance measures and targets for (i) the Microlender Training, (ii) the New Microlender Loan Capitalizations, (iii) the ACCION Chicago Additional Loan Capitalization, and (iv) all other aspects of the Program, are subject to the prior approval of BACP in its sole discretion; and
- the Advisory Board will set and help implement policies of the Program concerning underwriting, loan term, interest rates, collection provisions and related matters of individual microloans utilizing Grant funds; and
- subject to any state or federal regulatory requirements, BACP shall retain the power to review and audit each microloan that utilizes Grant funds; and
- the administrative or consulting fees payable to ACCION Chicago from any source in connection with this Program may be capped by BACP in its sole discretion; and
- all Grant funds shall be utilized exclusively for subgranting, either for microloans by microlenders or for microloan capital funding of microlenders, and no City funds will be used for any administrative costs of the Program; and
- all costs associated with (i) ACCION's administrative costs for the Program as a whole, (ii) the process of finding eligible entities to train as new microlenders, and (iii) the training program itself, shall be funded solely by one or more third party banks or other entities acceptable to the Authorized Officer; and
- while the Program is active, ACCION Chicago shall make quarterly reports to BACP,
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
- Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
- \jfthe Applicant ^OR
- [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [ ] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
- Business address of the Disclosing Party: J^S^> \Al<k-^>7 j S7f.
- Telephone: ?/3-#ET- SoQQ Fax: 3&I O Email: SH/SrVS-rt*A@4
- Name of contact person: vJor3.VJMV H &jN~STflA
E. Federal Employer Identification No. (if you have one):
- Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
- Which City agency or department is requesting this EDS? l^>^\ <S
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Ver. 09-01-10
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SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
] Person [ ] Limited liability company
] Publicly registered business corporation [ ] Limited liability partnership
] Privately held business corporation [ ] Joint venture
] Sole proprietorship ^^Not-for-profit corporation
] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
] Limited partnership [ ] Yes [ ] No
] Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
JlUMQl S
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No [ ] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the 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 that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
ATI ACJ-(M&ArT. 1
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
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interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
A) g) A/ &-
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[]Yes
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(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 entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) 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 another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
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Name (indicate whether Business Relationship to Disclosing Party
retained or anticipated Address (subcontractor, attorney,
to be retained) lobbyist, etc.)
Fees (indicate whether
paid or estimated.) NOTE: "hourly rate" or "t.b.d." is not an acceptable response. 5Vg C o^/TnALTc rZ -
ALL TWEg Arie- A^i75JZ%-PATEO To j3& ilBXA^BO AT/#60£A,p^ (Add sheets if necessary) ^ 0 ^ A Tq'tAZ. <3f=- /f / % 0 f 0 0 0 ££T h/£g^S THBM.
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
SECTION V - CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[]No
[] Yes
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
UNo
[] Yes
B. FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the 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, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
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2. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B. 1. of this EDS:
-
- are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
- have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (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 statements; or receiving stolen property;
- are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in clause B.2.b. of this Section V;
- have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
- 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 the City or by the federal government, any state, 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 Party in connection with the Matter, including but not limited to 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 Party, 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 to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
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Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the. Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, 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 public officer or employee of the City, the State of Illinois, or any agency ofthe federal government or of any state or local government in the United States of America, in that 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 state 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 of any state or of the United States 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 of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the 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 Entity List and the Debarred List.
- The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.
- If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
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If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
- The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is ^liS n0t
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
- If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe privilege of doing business with the City."
If the Disclosing Party 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 the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.
1. In accordance with Section 2-156-110 ofthe Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter? ^
[) Yes ^No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
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2. 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 of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
- If you checked "Yes" to Item D.L, provide the names and business addresses ofthe 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 that 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 the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
/Si. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party 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 to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, 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 of any and all slaves or slaveholders described in those records:
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SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter.)
- 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 her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any 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 with the award of any 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.
- The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
- The Disclosing Party certifies that either: (i) it 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) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
- If the 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 Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
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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 their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] 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 41 CFR Part 60-2.)
[ ] 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?
[ ] Yes [ ] No
- Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
- The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with 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.cityofchicago.org/Ethics, and may also be obtained from the City's Board of Ethics, 740 N.
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Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the 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 with which it is submitted may be rescinded or 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 and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to 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 of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act 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 the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a
contract being handled by the City's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the infonnation provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.
The Disclosing Party represents and warrants that:
F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois
Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any
fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges,
sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the 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 If the 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 to those in F.1. 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 to believe has not provided or cannot provide truthful certifications.
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NOTE: If the Disclosing Party cannot certify as to any of the items in F.L, F.2. or F,3. above, an explanatory statement must be attached to 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) are true, accurate and complete as of the date furnished to the City.
(Print or type name of Disclosing Party)
(Print or type name of person signing)
(Print or type title of person signing)
Signed and sworn to before me on (date) . Q ( 1
at Cnolt- County, (state)-
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent It is not to be completed by any legal entity which has only an 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" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS 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 city 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, father-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 (1) all executive officers of the Disclosing Party listed in Section HB.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ]Yes
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
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ACCION CHICAGO BOARD OF DIRECTORS and OFFICERS (Updated 8/9/2011)
Linda L. Darragh Chair
Director of Entrepreneurship
Clinical Associate Professor of Entrepreneurship
Polsky Center for Entrepreneurship
Chicago Booth
5807 S. Woodlawn Ave.
Chicago, IL 60637
Tel: (773) 702 - 9108
Fax: (773) 834 - 4046
Andy Salk-Vice Chair- Fundraising
President
First Eagle Bank
1201 West Madison Street
Chicago, IL 60607
Tel: (312) 850-9230
Fax: (312) 850-2904
asalk(5>,febank.com
Jon S. Maul Secretary
Business Banking Central Region Executive (Illinois and Wisconsin) JPMorgan Chase Small Business Banking 10 S Dearborn, Suite 0299 Chicago, IL 60603 Tel: (312) 732-8663 Fax: (312) 336-4586 ion.s.maul@.cha.se.com
Jacob Mrugacz (Treasurer) Bluff City Materials, Inc. Controller
2252 Southwind Blvd. Bartlett, IL 60103 Tel: (630) 497-8700 ext. 335 Jacob.mru eac7@gmail.com
Gregory Pike Vice Chair - Lending
Senior Vice President - Regional Senior Risk Manager
JP Morgan Chase
Business Banking - IL1-0299
10 South Dearborn Street
Chicago, IL 60603
Tel: (312) 732-8576
Fax: (312) 336-4586
Steve HallVice-ChairMarketing
Regional Manager
Charter One Bank
71 S. Wacker Drive IH2935
Chicago, IL 60606
Tel: (708)476-0189
Fax: (312) 777-3494
sthall(@.charteronebank.com
Dorothy Abreu
Vice President-Business Banking PNC Bank 1 North Franklin Chicago, IL 60606 Tel: 312-520-9020 Fax: 855-702-4381 dorothv.abreu(5),Dnc.com
Byron DaSilva
Senior Manager State and Local Income Incentives
KPMGLLG
303 East Wacker Drive
Chicago, IL 60601-5212
Tel: (312) 665-2891
Fax:(312)277-9204
ByrondasilvaQkpmq-. com
Nina Diamond, PhJ).
Associate Professor
Department of Marketing
DePaul University
1 East Jackson Blvd, Ste 7500
Chicago, Illinois 60604
Tel: (312) 362-5472
Cell: (312) 909-6462
Fax: (312)362-5647
ndiamond(5).depaul.edu
Mary S. Doucette
Senior Vice President Northern Trust 108 Lawndale Wilmette,IL 60091 Tel: (312) 444-3995 Msd5 (aintrs.com
Thomas "Tommy" P. FitzGibbon, Jr.
Managing Director, Operations Chief
Talmer Bank and Trust
2301 W. Big Beaver Road, Suite 525
Troy, MI 45084
Home: (847) 299-2697
Work: (248) 498-2832
Cell: (773) 206-4433
tfitzbfaiaol.com
Daniel Gaddis
Vice President
Regional Small Business Support Manager Citibank
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I
Brad Henderson Partner & Managing Director The Boston Consulting Group 300 N. LaSalle Street Chicago, Illinois 60654 Tel: (312) 993-3387 Fax: (312) 876-0771 henderson.brad@bcg.com
Paul A. Labonne
Vice President, Community Reinvestment Officer PNC Bank
Robert Lassandrello
Third Stone Partners LLC.
141 West Jackson Blvd.- Suite 3336
Chicago, IL 60604
Tel: (312) 789-8399
Home: (630) 632-0923
S. Michael McCrackcn
Illinois Region Executive Popular Community Bank 9600 W. Bryn Mawr Ave. Rosemont, IL 60018-5209 Tel: (847) 994-5496 Fax: (847) 671-5584 mmccracken@bpop.com
Kip Read
First Vice President American Chartered Bank 1090 Willow Road Northbrook, IL 60062 Tel: (847)418-3209 Fax: (847)418-3272 kread@americanchartered.com
John Rush
Senior Vice President of Business Development
Mary J. Lane Investment Management, Inc.
180 North LaSalle Street
Chicago, IL 60601-2701
Tel: (312) 402-3822
Fax:(312)346-1040
Mark Seals CEO
Culligan International
9399 W. Higgins Rd., Suite 1100
Rosemont, IL 60018
Tel: 847-430-1218
Cell: 847-840-9636
OFFICERS (non-Board members)
Jonathan A. Brereton
Chief Executive & Lending Officer
ACCION Chicago
1618 West 181" Street - Suite 200
Chicago, IL 60608
Tel: (312) 275-3000x106
Fax: (312)375-3010
LEGAL COUNSEL Steve Roper Partner
Locke Lord Bissell & Liddell LLP 111 South Wacker Drive Chicago, Illinois 60606-4410 Tel: (312) 443-0242 Fax: (312) 896-6242 sroper@lockelord.com
Ex-Officio Member John Gillett President
Barrington Mortgage
736 West Northwest Highway
Barrington, EL 60010
Tel: (847) 382-8220 x226
Fax: (847) 382-9965
Cell: (847) 204-8220
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as may be requested by the Authorized Officer in her or his sole,discretion, and the Authorized Officer may request an audit ofthe Program at any time.
SECTION 4. The Authorized Officer is hereby authorized, subject to approval by the Corporation Counsel, to enter'into and execute such agreements and instruments, and perform any and all acts, as shall be necessary or advisable in connection with the implementation ofthe Program and the Grant. Upon the execution and receipt of proper documentation, the Authorized Officer is hereby authorized to disburse the Grant funds to ACCION Chicago in connection with the Program.
SECTION 5. The funds previously appropriated for the support of the BACP Small Business Loan Fund are hereby re-appropriated to the BACP in the amount of $1,000,000 to support the Program.
SECTION 6. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.
SECTION 7. This ordinance shall be effective as ofthe date of its passage and approval.
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