OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
March 13,2019
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 execution of redevelopment agreements involving expenditure of Neighborhoods Opportunity Funds.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "City"), is a home rule unit of government under Article VII, Section 6(a) of the Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City is authorized under its home rule powers to regulate the use and development of land; and
WHEREAS, Chapter 16-14-010 et seg. of the Municipal Code of Chicago, as amended (the "Code") contains the Neighborhoods Opportunity Fund Ordinance (the "NOF Ordinance") establishing the Neighborhoods Opportunity Fund (the "NOF"); and
WHEREAS, the purpose of the NOF is to (a) promote growth within the downtown area .through the floor area bonus provisions of Section 17-4-1000 of the Code, and simultaneously generate new revenues for investment in business development and job growth in neighborhoods impacted by poverty, high unemployment, and other indicators of economic deprivation; (b) strengthen neighborhood commercial corridors in qualified investment areas; and (c) address the decline of private investment in qualified investment areas that damages the City's overall economic competitiveness, impedes the sustainable and equitable development of the City as a whole, contributes to inequality and poverty, and has a detrimental effect on the City's quality of life; and
WHEREAS, the NOF shall be used for projects located in or directly benefiting qualified investment areas, as indicated on a map published by the Commissioner (the "Commissioner") of the Department of Planning and Development ("DPD") and updated at least once every five years; and
WHEREAS, the authorized uses of the NOF are for eligible costs (as defined in the NOF Ordinance) related to (a) commercial establishments that provide, on a permanent or short term (pop up) basis, goods and services which complement and revitalize the areas in which they are located, and which may include, without limitation, grocery stores, retail establishments, and restaurants that sell food primarily for consumption on premises; (b) cultural establishments that provide, on a permanent or short term (pop up) basis, recreational and educational opportunities which complement and revitalize the areas in which they are located; and (c) incubation, mentoring, and training of small businesses that otherwise qualify as authorized uses under (a) or (b) above; and
WHEREAS, DPD has determined that the applicant named in Exhibit A attached hereto (the "Grantee") meets the requirements of the NOF Ordinance and is eligible to receive a NOF grant for the project described in Exhibit A, in the amount and under the terms and conditions set forth in Exhibit A (the "Grant"); and
WHEREAS, DPD has recommended that the City Council of the City approve the Grant to the Grantee, 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 Commissioner and. a designee of the Commissioner (collectively, the "Authorized Officer") are each hereby authorized, subject to approval by the Corporation Counsel, to enter into and execute a redevelopment agreement with the Grantee and to execute such agreements and instruments, and perform any and all acts as shall be necessary or advisable in connection with the implementation of the Grant. The execution of such agreements and instruments and the performance of such acts shall be conclusive evidence of such approval. The Authorized Officer is hereby authorized, subject to the approval of the Corporation Counsel, to negotiate any and all terms and provisions in connection with the Grant which do not substantially modify the terms described in Exhibit A hereto. Upon the execution and receipt of proper documentation, the Authorized Officer is hereby authorized to disburse the proceeds of the Grant to the Grantee.
SECTION 3. NOF proceeds in the amount set forth in Exhibit A are hereby appropriated for the purposes described herein.
SECTION 4. To the extent that any ordinance, resolution, rule, order or provision of the 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 other provisions of this ordinance.
SECTION 5. This ordinance shall be in full force and effect from and after the date'of its passage and approval.
Exhibit A
Attached
NOF CONDITIONAL AWARD LETTER
October 10,2018 Revised: January 7, 2019
Mario Short SYTE Corporation 1000N. Halsted St. Chicago, IL 60642
Dear Mario,
Congratulations, your application for Mayor Emanuel's Neighborhood Opportunity Fund ("NOF") has been conditionally approved for up to $2,108,928 in NOF Grant assistance, subject to City Council approval and execution of a Redevelopment Agreement ("RDA") with the City of Chicago (the "City"), through the Department of Planning and Development ("DPD").
This letter outlines the general terms and conditions of the approval. Your application was selected and approved based on its proposed Project Plan and Project Scope, which are described below. If any changes are made to either the Project Plan or Project Scope, you must inform DPD in advance of proceeding. Any changes without DPD's prior written approval may result in forfeiture of the NOF Grant.
Property Address:
6793 S. South Chicago Ave., Chicago, IL 60637 PIN# 20-22-401-048-0000
Project Plan and Project Scope:
The project will renovate a 17,922 sf building into an office technology and training incubator and small business development center. SYTE Corporation will relocate its headquarters from Goose Island into this new office space.
Estimated Project Costs:
Estimated Project Costs
Acquisition Costs $0
Hard Costs $3,815,366
Soft Costs $68,358
Other Costs (Loan Interest) $186,735
Total $4,070,459
Payment of NOF Grant:
The NOF Grant will be reimbursed to the Grantee following the completion of the project and the issuance of a Certificate of Completion by DPD.
NOF Covenants:
Operations and Occupancy Covenants. The Grantee shall continuously own, occupy, and operate the entirety of the Project for three years following the issuance of the Certificate of Completion. If the Grantee fails to satisfy these requirements, the City shall have the right to cease NOF payments or terminate the RDA. The City may also have the right to place a lien on the subject property.
Annual Compliance Report. The Grantee shall be required to provide an Annual Compliance Report. The compliance monitoring period will extend at least 3 years from the issuance of the Certificate of Completion for the Project. Requirements for the Annual Compliance Reports will be detailed in the RDA.
NOF Grant Award Conditions:
Disbursement of the NOF Grant funds is subject to the following conditions, which will befurther detailed in the RDA.
1. Closing. Grantee shall close on the RDA within 90 days of Council authorization.
Certificate of Completion. Grantees are to complete construction expeditiously following the execution of the RDA. A Certificate of Completion must be issued prior to the second anniversary of the issuance of this NOF Conditional Award Letter, or the Project will be considered in default and the NOF Grant may be forfeited and the RDA may be terminated.
Project Budget. Increases to project costs will be your sole responsibility and will not necessitate an increase in the approved NOF Grant amount.
Project Financing. Proof of project financing, evidencing that all available sources of funds outside of the NOF Grant amount are secured and available, must be submitted to DPD by November 9,2018.
Documentation. All eligible project costs must be appropriately documented. Documentation includes, but is not limited to, detailed invoices, cancelled checks, sworn owner's statement, sworn statement of contractor and subcontractor to owner and final lien waivers.
Permits. All permits which are required by the City's Municipal Code must be obtained in order for that work and its corresponding costs to be considered eligible for NOF assistance.
Business Licenses. All necessary business licenses must be obtained by the business prior to the NOF Grant being fuiiy disbursed.
MBE/WBE Requirements. The Grantee must meet at least 26% MBE/ 6%WBE participation for the Project's direct and indirect costs of construction. Prior to the closing date, the Grantee, general contractor and all major subcontractors shall be required to meet with the monitoring staff of DPD with regard to the Grantee's plan to achieve its obligations as established in the RDA and as mandated by City Council ordinance and DPD policy
City Residency/Prevailing Wage Requirements. City residents must perform 50% of all construction hours. Grantee is subject to the City's prevailing wage requirement for all construction trades, as established by the Illinois Department of Labor.
10. Permitted Uses. The Grantee understands that the permitted uses of property and improvements are only as allowed by the Redevelopment Agreement and the applicable zoning restrictions.
11. Limitations on Other City Funds. NOF funds may not be combined with other City funds, including but not limited to a TIF redevelopment agreement, the Small Business Improvement Fund or the Adopt-a-Landmark
Fund.
12. Build Community Wealth Bonus. The amount of the Build Community Wealth Bonus is capped at 15% of your total eligible project costs for the support of locally-based business and property owners or for creating employment opportunities in areas in need of new jobs.
Once more, we wish to extend congratulations to you for being selected for Mayor Emanuel's NOF program. We look forward to supporting you in your efforts to revitalize our City's neighborhoods. Any questions regarding the NOF requirements and procedures can be addressed to William Grams at 312-744-0896.
David Reifman Commissioner
Department of Planning and Development
Title
City of Chicago
Department of Planning and Development Attention: William Grams 121 North LaSalle Street, RM 1006 Chicago, IL 60602
CITY OF CHICAGO h.< (>N()iMK : DISCI,OSURR STATFMF.NT AND AFFIDAVIT
SECT ION I GKNFUAl. INFORMATION
A. 1 i'h;i! name of the Disclosing Pariy .submitting this 1:DS. Include d/b/a/ if ajiplicahII-:
Syte Corporation
Check ONE of (lie following three boxes:
Indicate _whethcr the Disclosing Parly submitting this F.DS is:
1. j^/J the Applicant
pR
2. a legal entity currently holding, or anticipated to hold within six months after City action on
the contract, transaction or other undertaking to which this bDS pertains (referred lo below as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. Slate the Applicant's legal
name: _ _
OR ~'~ " ~ "~"
3. QJ a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1))
State the legal name of the entity in which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 1000 N. Halsted St. Suite 204
Chicago, IL 60642
C Telephone: "3-270-5 192 Fax: 312-528-0050 ^ mshort@sy.ocorp.conn
D. Name of comae, person: Mario L- Sh0rt.
H. Federal Employer Identification No. (if you have one)
I-. Brief description of ihe Mailer to which this HPS pertains (Include project number and location of pi ope i t y, i f aj)p I ic ab I c):
Neighborhood Opportunity Fund
Uc'carlniuJil ol I'laiiiniuj anil I Jcvciloomonl
oi tli-pa; imenl is i ei|iiesiiii!: ibis l:l )N?
Ii Hie Mailer is a '.mil .u. t being handled by die City's Department <>t Piocnrcincui Seivii e>. please i.ompleie ilu- following:
, ,. Not Applicable . Not Applicable
>jie<. ii le.iiioii •• < • iiuI ' ¦ p11.1., i • 1
NLCTION II -- I)1S( fOSURIC UK OWN ICRS] IIP INTKRICSTS
A. NA'I'UKi; Ul; 'I Hl:. l)!S( TONING PAK 1"Y
Limited liability company I iniiied liability partnership Join! venture
Not-for-profit corporal ion
i Indicate 11.-1s11 rc ul ihe Disclosing Parly: Person T Publicly registered business corporation
Sole proprietorship General partnership Limited partnership Trust
J I'iivately held business corporation
(is the not -for-profit corporation also a Si) 1 (c)(3))?
QjYes [jNo
Oilier (please specify)
For legal entities, the state (or foreign country) of incoiporaiion or organi/aiion, if applicable:
3. I:or legal entities not orgnnized in the Slate of Illinois: Has the organization registered to do business in ihe Stale of Illinois as a foreign entity?
y/ Organized in Illinois
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
I. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of the entity; (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day -to-day management of the Applicant.
NOTE: liach legal entity listed below must submit an HDS on its own behalf.
Name Title
Mr. Mario Sliori (Director & Officer) Pm.-skJou: A OLD. SY I'i; Corporation
Ms CfiKoiuIra iViolvc-y (Officer) Coif-u.-.i>! A1.-r.1M/ny , SYTE Cijipoi.noii
l'U.;asc provide iii'' lulluwing. mlurnialiun 1 uncei miis-/ each peison or let1! I cniil) li.ivmp ,r unci 1 01 indireei. current ui prospective (i.e. within 6 months ai'ler < 'itv action) beneficial ini' icsi ('im'iii'.'iiim . .\V!h;i.-.hi!.)) in • sd v. u| 0 nl ihe Applicant I ¦\ai 1 ipli-. ol -aieli an mteieM invl'uile sli.ues m a 1 ¦ 11 pm al iui ¦. pa 1 Inei -,h 1 j 1 iiiie; esi a 1 a pai !n< j ^Inp or ion\i -. 1 \ aia11H ¦ * 1«¦ * 7' ¦">!" a ii'finht.-r "i ai. m 1 1 11. ;
limited liability company, or interest of a beneliciary of a trust, estate or oilier similar entity. If none, stale "None."
NOTE: Each legal entity listed below may be required to submit an HDS on iis own behalf.
Name ' Business Address Percentage Interest in the Applicant
Mi ManoStioM 1000 H. Ilril.stwi Si. Sir- >]()•). Chicago. IL 6064 2
SECTION IJI - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Mas the Disclosing Party provided any income or compensation lo any Cily elected official during the
12-month peiiod preceding the date of this FIDS? | |Yes [i/jNo
Docs Ihe Disclosing Party reasonably expect lo provide any income or compensation to any City elected official during the 12-month period following the dale of this HDS? QjYes [7]^°
If "yes" to either of the above, please identify below the name(s) of such City elected oi'ficial(s) and describe such income or compensation:
Does any City elected official or, to the best of the Disclosing Party's knowledge after reasonable inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party? ? Yes [/]
No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domeslic partncr(s) and describe the financial interest(s).
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address uf each subconiractoi, altorney, lobbyist (as defined in MCC (Tiapler 2-\:56), accountant, consultant and any other peison oi entity whom the Disclosing Party has retained or expects to retain in connection with die Mattci, as well as the naluie ol (In; relationship, ami the (olal amount o| the fees paid oi e.slimaied !o be paid. I he Disclosing I'aily is not remmed u> disclose employees who arc paid solely through ihe Disclosing Party's tegular payioll If the Disclosing Party is uncertain whether a disclosure is required under (Ins Seeiiun, the Disclosing I'atiy must eilhei ask the (.'ily whcthei disclosme is lequired or make the disci osi nc.
'.i;'e .) i'i I I
Name (.indicate whether I}'.;siinrss leiained oi amieipialed Aiiuiess to be retained)
Relationship to Disclosing Party I'siiix'oniracior. alioniey. lobbyist, ck.)
I'ees (indicate whcihcr paid or estingued i fVi) i'i'.: "hourly rale" or "t.b d." is
not an acceptable response
(Add sheets if necessaiy)
ly/jcheck here ifthe Disclosing Party has not retained, nor expects to retain, any such peisons or entities.
SECTION V -- CERTIFICATIONS
A. COURT-ORDERED Cl 11LD SUPPOR I COMPLIANCE
Under MCC Section 2-92-41.\ 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 of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois covin of competent jurisdiction?
f jYes y/ No | jNo person directly or indirectly owns 10% or more of the Disclosing Party.
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?
Yes QNo
B. FURTHER CERTIFICATIONS
I. [This paragraph 1 applies only ifthe Mailer is a contract being handled by the City's Department of Procurement Services. | In the 5-year period preceding the date of this EDS, neither the Disclosing Party nor any Affiliated lintuy (see definition in (5) below| has engaged, in conncclion with the performance of any public contract, Ihe services of an integrity monitor, independent private sector inspector general, or integrity compliance consultant (i.e an individual or entity with legal, auditing, investigative, oi other simiiai skills, designated by a public agency to help the agency moiiiloi the activity of sneeilied agency vendors as well as help the vendors reform their business practices so thev can be con-adeicd lor agencv contracts in the iulurc. or conlima with a conhaet m progress)
'•' I he I> inclosing Patty and its. A!('dialed Piuiucs arc not di-iiiii|U<-ii'. m ihe payment o| „uv Sine. kc. la.s or oilier soUkc oi uuiebli ilnc,> owed to i'ne ( 'ily o) ( hn ago. mchiding,, bm not limned in. walei and sewer charges. In.t-ii1 in paiking tickets, properly lavas and sales taxes, noi is the Discli'Miig Pa.i t v dc I in' iueut in Hie p;r. hh. "it of aiiv us, adm in isle: e:,i <>>. \\\r III hhm:- ! V pa nm em i >! N.
3. Ihe Disclosing Parly and, if the Disclosing Parly is a legal entity, all of those persons or entities identified in Section 11(H)(1) of this EDS.
are noi 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, during ihe 5 years before the dale of this EDS, been convicted ol a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting lo obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or slate, antitrust statutes; fraud; embezzlement; theft: forgery, bribery; fnlsificaiion 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, stale or local) vviih committing any of the offenses set forth in subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before 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 Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
Certifications (5), (6) and (7) 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 stale 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 Enlity means a person or entity that directly or mdiicctly controls the Conlraciois is controlled by il. or, wiih the Couiracioi, is under common control of another person or entity;
o any responsible official of ihe Disclosing Parly, any Contractor oi any Affiliated I-mil . n< any other official, agent or employee of Ihe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the. direction or authorization of a lespousihle official of die Disclosing, Parly, any Comrade;' oi any Affiliated hnlity (collectively "Agents").
Ml-ilner ihe Disclosing Party, nm any Contractu), not any Affiliated Emily of either lite Disclosing Pai;v or any Contractor, noi any Agents have, during die L> years be/ore ihe daie ol this EDS. or. with icspecl lo a Contractor, an Affiliated Emily, or an Atfilialed Entity of a Contractor during the 5 years before ihe date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Mailer:
a bribed or attempted lo bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee oi the Cily. the State ol Illinois, or any agency of Ihe federal government or of any state or local government in the United Stales of America, in that officer's or employee's official capacity;
agreed or colluded with othei bidders or prospective bidders, or been a party lo 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 subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Conlracts Requiring a Base Wage); (a)(5)(Debarmcnt Regulations); or (a)(6)(Minimum Wage Ordinance).
Neither the Disclosing Party, nor any 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 a Sanctions List maintained by ihe United States Department of Commerce,- State, or Treasury,- or any successor-federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any "controlling person" [see MCC Chapter 1-23, Article 1 for applicability and defined terms] of the Applicant is currently indicied 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, hand, 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 lequiiemenl for doing business with the City. NOTE: If MCC Chapter 1-23, Article I applies lo the Applicant, that Ai dele's permanent compliance timeframe, supersedes > yi-:ii' compliance timeframes in ilus Section V.
| FOR APPLICANT ONLY| I he Applicant and its Afidialed Entities will not use, nor permit iheu subcontiaclois to use, any Eutliiy li-.ted as having an active est iusion hy the U.S. EPA on the led em I System for Award Management ("SAM").
lu. (FOR APPLICANT ONLY| I be Applicant will obiain iioni any coniraciors-'subcontiaeiois lined o; jo Iv hu e.'; in eobiVi tion v» ith i!'.¦:' Matter oi;;ificaiiou-, ¦ -unal m ioim and suh:-i."nK«. to iho-.c in
! '¦ i; | i i i ;• 11. -i ,-• { "•') niid !''! -a bo e .and. >'¦'!!! • |U., ' vM! \i a j! 11 ¦j 11 j. ; i | i.-n ; ¦ a y-eiil ol ihe ( ;r e •:'! v -; !i
coniraetor.'subcontrncior thai does noi provide such certifications oi dial ihe Applicant has icason to believe has not provided or cannot provide truthful certifications.
) I. Ifthe Disclosing Party is unable to certify to any of the above statements in this Pari B (Further Certifications), the Disclosing Patty musl explain below:
N/A
If ihe 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.
12. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Parly who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
N/A
13. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding, the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City 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 $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
1. The Disclosing Party certifies that the Disclosing Party (check one)
?is [/jis not
a "financial institution" as defined in MCC Section 2-32-455(b).
2 ll ihe Disclosing Party IS a financial insiiiution, then the Disclosing Party pledges:
>
"We are nol and will not become a piedatory lender as defined in MCC Chapter 2-^2 Wr lurthei
pledge that none of our affiliates is. and none of them will become, a predatory lender a.> defined in
MCC Chapter We understand that becoming a piedatory lender or becoming an affiliate of a
predatory kndei ma-, icsult in the loss ol the privilege "! doing business will) the Cily "
1 J"ihe Disclosing Parly is unable lo make lhis pledge because ii oi any of us affiliates (as defined in MCC Section ?.-32-43^m')i is a picdaloiy iendei within ihe nji-aning of MCC Chapter 2-32. explain here (attach additional pages i f nccessai y):
N'A
Ifthe leueis "NA," the wuid "None." or no response ap|)ears on ihe lines above, it will be conclusively presumed thai the Disclosing Party certified lo the above statements.
D. CbR fll-ICAUON RE(iARDING FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-1 56 have the same meanings if used in this ParrD
1. In accordance with MCC Section 2-156-1 10; To the best of the Disclosing Party's knowledge after reasonable inquiry, does any of ficial or employee of the City have a financial interest in his other own name or in ihe name of any other person or entity in the Matter?
? Yes EjNo
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), skip Items D(2) and D(3) and 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 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 of the 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.
Docs the Matter involve a City Property Sale?
QYes' [7]No
If you checked "Yes" to Item D( I), provide the names and business addresses of the Cily officials or employees having such financial inierest and identify the nature of the financial interest:
Name Business Address Naiurc of Financial Interest
-I. Ihe I)isciosin;.: I'arty fuiihei eutilics dial no piohihited Imam ial interest in the Malic; will be
I CERTIFICATION REGARDING SLAVERY ERA BUSINESS
['lease cheek either (I) or (2) below. Ifthe Disclosing Early checks (2). the Disclosing Party must disclose below or in an attachment lo ibis I\E)S all information required by (2). Failure to comply with these disclosure requirements may make any contract entered into with ihc.City in connection with the Matter voidable by the Cily.
x 1. The Disclosing Party verifies that ,the Disclosing Parly has searched any and all i ecords 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:
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 to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations ol'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, as amended, who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
N/A
(If no explanation appeals oi begins on the lines above, oi if ihe letters "NA" or ifthe word "None" appear, it will be conclusively presumed that die Disclosing Party means thai NO persons or enti.lies icgistcied under the Lobbying Disclosure Act of 1995. as amended, have made lobbying contacts on behalf of the Disclosing, Patty with respect lo the Mallei.)
2. "Flic Disclosing Parly has not spent and will not expend any federally appropnaied funds to pay my person or eniily listed in paragraph A(l) above foi his oi hei lobbying activities oi to pay anv >eisiiii oi (jilily- to mjjucmc or attempt to inlluence an officei or Cmplovc of anv auency, as defined >y aj'.'pl k able Iniei ai law a member ol < 'n tigress, an oil i;...e i oi i a iplovee of (.'oniu es.s, oi an laiiphi eee
of a member of Congress, in conneclion vviili the award of any federally landed contract, making any federally funded gran! oi loan, entering into any cooperative agreement, or to extend, continue, renew, amend, oi modify any federally funded contract, grant, loan. 01 cooperative agreemenl.
\ flu: Disclosing i'aiiv will .-.ubmil ati updated ceiliiicaiion ;ii (lie end ol each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A( 1) and A(2) above.
Fhe 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," as that term is defined in ihe Lobbying Disclosure Act of 1995, as amended.
Ifthe 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.
B. CERTIFICA TION REGARDING EQUAL EMPLOYMENT OPPORTUNI TY
Ifthe Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors lo submit the following information with (heir bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes No
/
API? i
?>
If "Yes," answer the three questions below:
1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41_CFR Part 60-2.) /] Yes |_jNo
? Have you filed with ihe Joint Reporting Committee,"the Director of the Office of Federal Conliact Compliance Programs, or ihe Equal Employment Opportunity Commission all reports due under the applicable tiling requirements?
QjYcs [ jiN'o [/jReporls nol required
i lla\e yon participated in any previous coniracis or subeouii.Kts subject to the equal opporlunilv clause?
!/|Yes • j K,
If you checked "No" in question ( I ) or (2) above, please provide an explanation:
SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
Ehc Disclosing Early understands anil agrees that:
The certifications, disclosures, and acknowledgments contained in tins EDS will become part ol any coniraet or other agreement between the Applicant and the City in connection with the Matter, whether procurement. City assistance. 01 other Cily action, and are material inducements to the City's execution of any contract or taking other action with respect lo the Mailer. The Disclosing Parly understands that it must comply with all statutes, ordinances, and regulations on which (his EDS is based.
I he City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking Cily contracts, work, business, or transactions. The full text of (his ordinance and a training program is available on line at www.cityofchicago.ore/Elhics , 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 this ordinance.
Ifthe Cily determines thai 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 (he 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 City transactions. 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 in, and appended to, this EDS may be made publicly available 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.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Parly must supplement this EDS up to the time the City lajkes actroj^aj^hjc^^^ is a
contract being handled by the City's Department of Procurement Sfet^lWs^iij^gclosinc Pjfirty must
update this EDS as the contract requires. NOT E: With r(kpc^^hms^i^^%^^CC Chapter
I -23, Article 1 (imposing PERMANENT INinICIBILlTY4orW^ the informal ion provided herein regarding eligibility must be kepi current fora longer period, as required by MCC Chapiei 1-23 and Section 2-154-020.
I','.; ! I •'! N
i
CERTIFICATION
Under penally of perjury, ihe person signing below. (1) warrants thai be she is authorized to execute this FDS. and Appendices A and \\ (il applicable), on behalf ofihe Disclosing Party, and (2) warrants that ail certifications and qateinent-, contained in this F.DS. and Appendices A and H (if applicable), are true, accurate and complete as of the dale furnished to the City.
SYTE Corporation
(Print ortype eNacfJeg.,aij^me of Disclosing Party)
(Sign here)
Mario L. Short
(Print or type name of person signing)
President and CEO
(Print or type title of person signing)
Signed and sworn to before me on (date) _2^\%=P ^ .
Commission expires: j
S "OF FIC5AL SEAL" f
g FRA&CE8 P1WAU |
' <:! . !
at__ CsOV1^ County, |(|(tVOI> (slate). ^
CITY OK CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELEC TED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is lo he completed only by (a) thv Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-0lx 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-lawvmolher-in-law, son-in -law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Parly" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, ifthe 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 of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% 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 elecled city official or department head?
If yes, please identify below (1) ihe name and title of such person, (2) the name of ihe legal entity to which such person is connected; (.3) the name and title of the elected city official or department head lo whom such person has a familial relationship, and ('4) the precise natuie of such familial relationship.
N'A
I'.i",- I 1 i.f i t
CITY ()K CHICAGO
i.a. \7!u^iMi\., 1./j.i »hivr« o i /V i rivi jm^ i /mm/ m r ii/a v i i
APPENDIX B
BUILDING C()J)E SCO i- FLAYV'/'pROiJLEiVj LANDLORD CER'iTEiCATiON
This Appendix is (o be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Ownci"). It is not to be completed by any legal entity which has only an indirect owneisbip interest in the Applicant.
Pursuant lo MCA.' Section 2-1 54-019, is the Applicant or any Owner identified as a building code scofflaw or problem landlord puisuanl to MCC Section 2-92-4 16?
QYes [/JNo
If (he 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 MCC' Section 2-92-416?
Yes No L/jThe Applicant is not publicly traded on any exchange.
3. If yes to (J) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
n/a ¦
< I I V Ol ( !l|( AGO L( ONOVIK |)IS< T.OSI Rl'. SI A IT. VI l!\ I AND VI Ml) Ml I
aitkndix <;
PROHIBITION ON WAG I .V SALARY HISTORY S( Rh.KMNG (KIM IKK ATI ON
I his Appendix is io he completed only hy an Applicant thai is completing this IDS as a '"contractor1' as defined in M('(' Section 2-92-385. That seciion. which should he consulted (www.airileual.coin ). generally covers a parly to any agreement pursuant to which they: (i) receive City of Chicago funds m consideration for services, work or goods provided (including for legal or other professional sei vices), ui (ii) pay the Cily money for a license, grant or concession allowing iliein lo conduct a business on City premises.
On behalf of an Applicant that is a contractor pursuant lo MCC Section 2-92-385, I hereby certify that the Applicant is in compliance with MCC Section 2-92-3S5(b)( 1) and (2). which prohibit: (i) screening job applicants based on their wage or salary history, or (ii ) seeking job applicants' wage or salary history from current or former employers. I also certify that the Applicant has adopted a policy that includes those prohibitions.
I I Yes
I. 1 No
[X] N/A •- 1 am not an Applicant that is a "'contractor" as defined in MCC' Section 2-92-385. This certification shall serve as the affidavit required by MCG Section 2-92-385(c)(l). If you checked "no" to ihe above, please explain.