OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
September 24, 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 ordinance authorizing allocations of Small Business Improvement Funds.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
ORDINANCE.
WHEREAS, the City of Chicago ("City"), a home rule unit of government under Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seg., as amended from time to time (the "Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, by an ordinance adopted by the City Council of the City ("City Council") on July 21, 1999, and published in the Journal of Proceedings of the City Council ("Journal") for said date at pages 8307 to 8344, inclusive (the "Program Ordinance"), the City implemented a redevelopment program known as the Small Business Improvement Fund program (the "Program") to provide financing assistance pursuant to the Act for the improvement of commercial and industrial facilities of small businesses in certain redevelopment project areas of the City; and
WHEREAS, by ordinances adopted by the City Council, the first on November 8, 2000, and published in the Journal for said date at pages 43877 to 43930, inclusive (the "First Amending Ordinance") and the most recent adopted on July 29, 2015 (the "Forty-Fourth Amending Ordinance," collectively with the Program Ordinance, the First Amending Ordinance and the other amending ordinances, the "SBIF Ordinance"), the City has restated and refined the Program and extended its reach to additional redevelopment project areas of the City; and
WHEREAS, the SBIF Ordinance authorized the Department of Planning and Development ("DPD") to fund the Program in the 63rd/Pulaski Redevelopment Project Area ("63rd/Pulaski Area") in an amount not to exceed $1,000,000; and
WHEREAS, as part of the Program, the $1,000,000 funding previously authorized for the 63rd/Pulaski Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the 63rd/Pulaski Area; and
WHEREAS, DPD desires to increase the amount of grant funds available in the 63rd/Pulaski Area by an additional $200,000 to a total, collective amount of $1,200,000; and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Central West Redevelopment Project Area ("Central West Area") in an amount not to exceed $500,000; and
WHEREAS, as part of the Program, the $500,000 funding previously authorized for the Central West Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the Central West Area; and
WHEREAS, DPD desires to increase the amount of grant funds available in the Central West Area by an additional $500,000 to a total, collective amount of $1,000,000; and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Western/Ogden Redevelopment Project Area ("Western/Ogden Area") in an amount not to exceed $1,000,000; and
WHEREAS, as part of the Program, the $1,000,000 funding previously authorized for the Western/Ogden Area was substantially expended for the improvement of commercial and|1010|SBIF - 45 AmendOrd FINAL
industrial facilities of small businesses in the-Western/Ogden-Area; and
WHEREAS, DPD desires to increase the amount of grant funds available in the Western/Ogden Area by an additional $500,000 to a total, collective amount of $1,500,000; and
WHEREAS, the City Council, under the SBIF Ordinance, authorized DPD to enter into an agreement with SomerCor 504, Inc., an Illinois not-for-profit corporation ("SomerCor"), and DPD entered into such agreement on March 12, 2001, which agreement continues in full force and effect, as amended from time to time, pursuant to which SomerCor performs certain administrative services for the Program, and DPD now desires to further amend that agreement by entering into a Forty-Fifth Amending Agreement (the "Forty-Fifth Amending Agreement") with SomerCor to (a) increase the amount of grant funds available in the 63rd/Pulaski Area by an additional $200,000 to a total, collective amount of $1,200,000; (b) increase the amount of grant funds available in the Central West Area by an additional $500,000 to a total, collective amount of $1,000,000; (c) increase the amount of grant funds available in the Western/Ogden Area by an additional $500,000 to a total, collective amount of $1,500,000; and (d) authorize SomerCor to continue providing the same administrative services for the Program, which Forty-Fifth Amending Agreement is set forth in more detail on Exhibit A, attached hereto and incorporated herein; and
WHEREAS, the City's obligation to provide funds under the Forty-Fifth Amending Agreement may be met through (i) incremental taxes from the 63rd/Pulaski Area, Central West Area, or Western/Ogden Area, as applicable; or (ii) any other funds legally available to the City for this purpose; 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. SomerCor is hereby authorized to administer the Program in the 63rd/Pulaski Area, Central West Area, and Western/Ogden Area, subject to the supervision of DPD.
SECTION 3. The Commissioner of DPD or a designee of the Commissioner are each hereby authorized, with the approval of the City's Corporation Counsel as to legal form, to negotiate, execute and deliver the Forty-Fifth Amending Agreement between SomerCor and the City substantially in the form attached hereto as Exhibit A and made a part hereof, and such other supporting documents as may be necessary to carry out and comply with the provisions of the Forty-Fifth Amending Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Forty-Fifth Amending Agreement.
SECTION 4. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. All sections of the SBIF Ordinance in conflict with this ordinance are hereby repealed to the extent of such conflict. 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 5. This ordinance shall be effective as of the date of its passage.
|1010|SBIF - 45 AmendOrd FINAL
EXHIBIT A
Form of Forty-Fifth Amending Agreement [See attached]
SBIF - 45 AmendOrd FINAL
Forty-Fifth Amending Agreement to
ADMINISTRATIVE SERVICES AGREEMENT
This Forty-Fifth Amending Agreement to Administrative Services Agreement (the
"Agreement") is made this day of 2015, by and between the City of Chicago, a
municipal corporation and home rule unit of local government existing under the 1970 Constitution of the State of Illinois (the "City"), acting through its Department of Planning and Development ("DPD"), and SomerCor 504, Inc., an Illinois not-for-profit corporation ("SomerCor") whose office address is 601 South LaSalle Street Street, Suite 510, Chicago, Illinois 60605.
WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq as amended from time to time (the "Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, by ordinances adopted by the City Council of the City on July 21,1999 and on November 8,2000, and published in the Journal of Proceedings of the City Council for said dates at pages 8307 to 8344, inclusive, and pages 43877-43930, inclusive, respectively (the "SBIF Ordinances"), the City implemented and amended a redevelopment program known as the Small Business Improvement Fund program (the "SBIF Program") to provide financing assistance pursuant to the Act for the improvement of commercial and industrial facilities of small businesses in certain redevelopment project areas ("TIF Areas") in the City; and
WHEREAS, the City Council, under the SBIF Ordinances, authorized DPD to enter into agreements with SomerCor, and DPD and SomerCor entered into one agreement on September 22, 1999 ("First SomerCor Agreement") and another agreement on March 12,2001 ("Second SomerCor Agreement"), to administer the SBIF Programs on behalf of the City; and
WHEREAS, in an ordinance adopted by the City Council on October 31,2001 and published in the Journal of Proceedings of the City Council for said date at pages 69965 through 70047, inclusive, (the "Midwest TIF Area Ordinance") the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to provide SBIF Program administrative services in the Midwest Redevelopment Project Area (the "Midwest TIF Area Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on May 1, 2002, and published in the Journal of Proceedings of the City Council for said date at pages 83769 to 83781, inclusive ("Second Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to provide SBIF Program administrative services in the Portage Park, Western Avenue North, Western Avenue South, Fullerton/Milwaukee and Belmont/Central Redevelopment Project Areas (the "Second Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on December 4, 2002, and published in the Journal of Proceedings of the City Council for said date at pages .100124 to 100135, inclusive ("Third Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to|1010|
provide SBIF Program administrative "services iti'the Madison/Austin Corridor and Humboldt Park Commercial Redevelopment Project Areas (the "Third Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on February 5, 2003, and published in the Journal of Proceedings of the City Council for said date at pages 102793 to 102803, inclusive ("Fourth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to provide SBIF Program administrative services in the Northwest Industrial Corridor Redevelopment Project Area (the "Fourth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on July 9, 2003, and published in the Journal of Proceedings of the City Council for said date at pages 3418 to 3424, inclusive ("Fifth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor which restated the SBIF Program rules (the "Fifth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on November 3, 2004, and published in the Journal of Proceedings of the City Council for said date at pages 34545 to 34554, inclusive ("Sixth Amending Ordinance"), DPD extended the SBIF Program to the Lawrence/Kedzie Redevelopment Project Area of the City (the "Sixth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on September 14,2005 and published in the Journal of Proceedings of the City Council for said date at pages 54724 to 54740, inclusive ("Seventh Amending Ordinance"), DPD extended the SBIF Program to the 63rd/Pulaski, Belmont/Cicero, Lawrence/Pulaski, Peterson/Pulaski, West Irving Park, Greater Southwest-West, Galewood/Armitage Industrial, Pilsen Industrial Corridor, 119th and Halsted, and Pulaski Corridor Redevelopment Project Areas of the City and increased the amount of grant funds available in the Fullerton/Milwaukee and Lawrence/Kedzie Redevelopment Project Areas (the "Seventh Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on September 13,2006 and published in the Journal of Proceedings of the City Council for said date at pages 83420 to 83440, inclusive ("Eighth Amending Ordinance"), DPD extended the SBIF Program to twenty-one redevelopment project areas of the City (the "Eighth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on February 7, 2007 and published in the Journal of Proceedings of the City Council for said date at pages 97661 to 97672, inclusive ("Ninth Amending Ordinance"), DPD extended the SBIF Program to the 63rd/Ashland and Devon/Western Redevelopment Project Areas of the City (the "Ninth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 13, 2007 and published in the Journal of Proceedings of the City Council for said date at pages 2395 to 2402, inclusive ("Tenth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor which restated the SBIF Program rules (the "Tenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on October 31, 2007 and published in the Journal of Proceedings of the City Council for said date at pages 10929 to 10942, inclusive ("Eleventh Amending Ordinance"), DPD extended the SBIF Program to certain|1010|
redevelopment project areas of the City (the "Eleventh Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 11, 2008 and published in the Journal of Proceedings of the City Council for said date at pages 28833 to 28843, inclusive ("Twelfth Amending Ordinance"), DPD extended the SBIF Program to the Michigan/Cermak Redevelopment Project Area of the City (the "Twelfth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on September 10, 2008 and published in the Journal of Proceedings of the City Council for said date at pages 36267 to 36277, inclusive ("Thirteenth Amending Ordinance"), DPD extended the SBIF Program to the Irving/Cicero Redevelopment Project Area of the City (the "Thirteenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on September 10,2008 and published in the Journal of Proceedings of the City Council for said date at pages 36704 to 36711, inclusive ("Fourteenth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor which restated the SBIF Program rules (the "Fourteenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on February 11, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 54738 to 54748, inclusive ("Fifteenth Amending Ordinance"), DPD extended the SBIF Program to the Hollywood/Sheridan Redevelopment Project Area of the City (the "Fifteenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on March 18,2009 and published in the Journal of Proceedings of the City Council for said date at pages 55750 to 55762, inclusive ("Sixteenth Amending Ordinance"), DPD extended the SBIF Program to the Elston/Armstrong Industrial Corridor and 47th/Ashland Redevelopment Project Areas of the City (the "Sixteenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on April 22, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 57265 to 57276, inclusive ("Seventeenth Amending Ordinance"), DPD extended the SBIF Program to the Lawrence/Broadway and Touhy/Western Redevelopment Project Areas of the City (the "Seventeenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on May 13, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 60322 to 60333, inclusive ("Eighteenth Amending Ordinance"), DPD extended the SBIF Program to the Austin Commercial Redevelopment Project Area of the City (the "Eighteenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 3, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 63080 to 63090, inclusive ("Nineteenth Amending Ordinance"), DPD increased the amount of grant funds available in the Clark Street and Ridge Avenue Redevelopment Project Area (the "Nineteenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 30, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 64859 to 64871, inclusive ("Twentieth Amending Ordinance"), DPD extended the SBIF Program to the Midway|1010|
Industrial Corridor Redevelopment 'Project"Area and increased the amount of grant funds available in the Peterson/Pulaski Redevelopment Project Area (the "Twentieth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on September 9, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 69297 to 69308, inclusive ("Twenty-First Amending Ordinance"), DPD increased the amount of grant funds available in the 35th/Halsted Redevelopment Project Area (the "Twenty-First Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on November 18, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 74011 to 74023, inclusive ("Twenty-Second Amending Ordinance"), DPD extended the SBIF Program to the 95lh Street and Stony Island Avenue, Avalon Park/South Shore, Harlem Industrial Park Conservation, and Western Avenue/Rock Island Redevelopment Project Areas of the City (the "Twenty-Second Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on December 2, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 79524 to 79546, inclusive ("Twenty-Third Amending Ordinance"), DPD restated the SBIF Program Rules, extended the SBIF Program to the Avondale and Woodlawn Redevelopment Project Areas, and increased the amount of grant funds available in the Northwest Industrial Corridor Redevelopment Project Area (the "Twenty-Third Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on January 13, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 82434 to 82446, inclusive ("Twenty-Fourth Amending Ordinance"), DPD extended the SBIF Program to the Addison South Redevelopment Project Area (the "Twenty-Fourth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on February 10, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 83847 to 83861, inclusive ("Twenty-Fifth Amending Ordinance"), DPD extended the SBIF Program to the 47th/King Drive, 79th Street Corridor and Armitage/Pulaski Redevelopment Project Areas and increased the amount of grant funds available in the Madison/Austin Corridor and Western Avenue North Redevelopment Project Areas (the "Twenty-Fifth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 9, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 92472 to 92483, inclusive ("Twenty-Sixth Amending Ordinance"), DPD increased the amount of grant funds available in the Hollywood/Sheridan Redevelopment Project Area (the "Twenty-Sixth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 30, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 94477 to 94491, inclusive ("Twenty-Seventh Amending Ordinance"), DPD extended the SBIF Program to the Roosevelt/Cicero, Western/Ogden and Little Village Industrial Corridor Redevelopment Project Areas and increased the amount of grant funds available in the Belmont/Central and Portage Park Redevelopment Project Areas (the "Twenty-Seventh Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on October 6,2010 and published in the Journal of Proceedings of the City Council for said date at pages 99933 to 99946,|1010|
inclusive ("Twenty-Eighth Amending Ordinance"), DPD extended the SBIF Program to the Roosevelt/Homan and Ogden/Pulaski Redevelopment Project Areas and increased the amount of grant funds available in the Devon and Western and Western Avenue/Rock Island Redevelopment Project Areas (the "Twenty-Eighth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on November 3, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 104150 to 104161, inclusive ("Twenty-Ninth Amending Ordinance"), DPD increased the amount of grant funds available in the 111th Street/Kedzie Avenue Business District Redevelopment Project Area (the "Twenty-Ninth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on February 9, 2011 and published in the Journal of Proceedings of the City Council for said date at pages 111666 to 111678, inclusive ("Thirtieth Amending Ordinance"), DPD extended the SBIF Program to the Read/Dunning Redevelopment Project Area and increased the amount of grant funds available in the Midwest Redevelopment Project Area (the "Thirtieth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 8, 2011 and published in the Journal of Proceedings of the City Council for said date at pages 200 to 213, inclusive ("Thirty-First Amending Ordinance"), DPD increased the amount of grant funds available in the 35,h/Halsted, 47m/King Drive, North Branch South, and Portage Park Redevelopment Project Areas (the "Thirty-First Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on July 28, 2011 and published in the Journal of Proceedings of the City Council for said date at pages 3789 to 3802, inclusive ("Thirty-Second Amending Ordinance"), DPD extended the SBIF Program to the Ewing Avenue Redevelopment Project Area (the "Thirty-Second Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on November 2, 2011 and published in the Journal of Proceedings of the City Council for said date at pages 9614 to 9626, inclusive ("Thirty-Third Amending Ordinance"), DPD increased the amount of grant funds available in the Portage Park Redevelopment Project Area (the "Thirty-Third Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on April 24, 2012 and published in the Journal of Proceedings of the City Council for said date at pages 24129 to 24159, inclusive ("Thirty-Fourth Amending Ordinance"), DPD amended the Program Rules for the SBIF Program, extended the SBIF Program to the Archer/Central, Division/Homan and 47th/State Redevelopment Project Areas, and increased the amount of grant funds available in nine additional redevelopment project areas (the "Thirty-Fourth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on April 24, 2012 and published in the Journal of Proceedings of the City Council for said date at pages 24160 to 24175, inclusive ("Thirty-Fifth Amending Ordinance"), DPD extended the SBIF Program to the Irving Park/Elston Redevelopment Project Area and increased the amount of grant funds available in seven other redevelopment project areas (the "Thirty-Fifth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 6, 2012 and published in the Journal of Proceedings of the City Council for said date at pages 27953 to 27967, inclusive ("Thirty-Sixth Amending Ordinance"), DPD extended the SBIF Program to four additional redevelopment project areas (the "Thirty-Sixth Amending Agreement"); and|1010|
WHEREAS, by an ordinance adopted by the City Council of the City on October 3,2012 and published in the Journal of Proceedings of the City Council for said date at pages 34651 to 34664, inclusive ("Thirty-Seventh Amending Ordinance"), DPD increased the amount of grant funds in the Western Avenue/Rock Island Redevelopment Project Area (the "Thirty-Seventh Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on January 17, 2013 and published in the Journal of Proceedings of the City Council for said date at pages 44849 to 44862, inclusive ("Thirty-Eighth Amending Ordinance"), DPD increased the amount of grant funds in the Western Avenue South Redevelopment Project Area (the "Thirty-Eighth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 26, 2013 and published in the Journal of Proceedings of the City Council for said date at pages 56098 to 56115, inclusive ("Thirty-Ninth Amending Ordinance"), DPD extended the SBIF Program to the 35lh and Wallace Redevelopment Project Area and increased the amount of grant funds available in six other redevelopment project areas (the "ThirtyrNinth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on July 24, 2013 and published in the Journal of Proceedings of the City Council for said date at pages 57332 to 57346, inclusive ("Fortieth Amending Ordinance"), DPD increased the amount of grant funds available in the Stony Island Avenue Commercial and Burnside Industrial Corridors and West Irving Park Redevelopment Project Areas (the "Fortieth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on June 25, 2014 and published in the Journal of Proceedings of the City Council for said date at pages 83007 to 83035, inclusive ("Forty-First Amending Ordinance"), DPD increased the amount of grant funds available in the Clark/Montrose, Lawrence/Broadway, and Ravenswood Corridor Redevelopment Project Areas (the "Forty-First Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on September 10,2014 and published in the Journal of Proceedings of the City Council for said date at pages 87257 to 87271, inclusive ("Forty-Second Amending Ordinance"), DPD increased the amount of grant funds available in the Hollywood/Sheridan Redevelopment Project Area (the "Forty-Second Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on March 18, 2015 and published in the Journal of Proceedings of the City Council for said date at pages 102954 to 102973, inclusive ("Forty-Third Amending Ordinance"), DPD extended the SBIF Program to the 24th/Michigan, 47,h/Halsted and 79thA/incennes Redevelopment Project Areas of the City, and increased the amount of grant funds available in seven other redevelopment project areas (the "Forty-Third Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on July 29, 2015 and
published in the Journal of Proceedings of the City Council for said date at pages to
, inclusive ("Forty-Fourth Amending Ordinance"), DPD extended the SBIF Program to the
79th Street/Southwest Highway and Stockyards Southeast Quadrant Industrial Redevelopment Project Areas of the City, and increased the amount of grant funds available in the Archer/Central, Avalon Park/South Shore, Fullerton/Milwaukee, Kinzie Industrial Corridor, Midway Industrial,|1010|
Midwest, and Western Avenue South Redevelopment Project Areas; and
WHEREAS, by an ordinance adopted by the City Council of the City on , 2015 and
published in the Journal of Proceedings of the City Council for said date at pages to
, inclusive ("Forty-Fifth Amending Ordinance"), DPD increased the amount of grant funds
available in the 63rd/Pulaski Redevelopment Project Area ("63rd/Pulaski Area") by an additional $200,000 to a total, collective amount of $1,200,000; increased the amount of grant funds available in the Central West Redevelopment Project Area ("Central West Area") by an additional $500,000 to a total, collective amount of $1,000,000; and increased the amount of grant funds available in the Western/Ogden Redevelopment Project Area ("Western/Ogden Area") by an additional $500,000 to a total, collective amount of $1,500,000; and
WHEREAS, the Forty-Fifth Amending Ordinance authorized DPD to enter into an agreement with SomerCor to continue to provide SBIF Program administrative services, and DPD and SomerCor now desire to enter into such an agreement, which will amend the Second SomerCor Agreement (the "Forty-Fifth Amending Agreement");
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties hereto agree as follows:
ARTICLE I INCORPORATION AND RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
ARTICLE II
REAFFIRMATION OF REPRESENTATIONS. WARRANTIES AND COVENANTS
SomerCor reaffirms each and every representation, warranty and covenant made in Article III of the Second SomerCor Agreement. SomerCor reaffirms that it has insurance in force that conforms to the requirements of Section 4.8 of the Second SomerCor Agreement.
ARTICLE III
AMENDMENTS TO SECOND SOMERCOR AGREEMENT
1. The Second SomerCor Agreement, as amended, is further amended, as follows:
amend the text in Exhibit 5 thereof increasing the maximum funds available for the following Areas, as follows:
63rd/Pulaski Area $1,200,000
Central West Area $1,000,000
Western/Ogden $1,500,000
substitute the following for each occurrence of "One Hundred and Twenty-Six Million|1010|
and Six Hundred and Sixty Thousand'Dollars ($126,660,000)" in Section 4.2 thereof:
One Hundred and Twenty-Seven Million and Eight Hundred and Sixty Thousand Dollars ($127,860,000)
Except as set forth herein, the Agreement is not amended.
ARTICLE IV OBLIGATION TO PROVIDE DOCUMENTS
SomerCor shall execute and deliver to DPD such documents as may be required by the Corporation Counsel of the City to evidence SomerCor's participation in the Program, including, but not limited to, the City's current form of Economic Disclosure Statement and an opinion of counsel in substantially the form of Exhibit 1 attached hereto and incorporated herein.
IN WITNESS WHEREOF, the City and SomerCor have executed this Agreement as of the date first set forth above.
CITY OF CHICAGO
By:
Commissioner,
Department of Planning and Development SOMERCOR 504, INC.
By:
Its:
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EXHIBIT 1 to Forty-Fifth Amending Agreement Form of Counsel's Opinion
2015
City of Chicago
Department of Planning and Development 121 North LaSalle Street Suite 1000
Chicago, Illinois 60602
RE: Amending Agreement to Administrative Services Agreement (the "Agreement")
Ladies and Gentlemen:
I have acted as counsel for SomerCor 504, Inc., an Illinois not-for-profit corporation ("SomerCor"), in connection with the execution and delivery of the Agreement by and between SomerCor and the City of Chicago, acting by and through its Department of Planning and Development (the "City"). SomerCor has requested that this opinion be furnished to the City.
In so acting as counsel for SomerCor I have examined:
an executed original of the Agreement;
the Articles of Incorporation, including all amendments thereto, of SomerCor as furnished and certified by the Secretary of State of the State of Illinois;
the By-Laws of SomerCor, as certified by the Secretary of SomerCor as of the date hereof; and
the Certificate of Good Standing dated , issued by the Office of the
Secretary of State of the State of Illinois, as to the good standing of SomerCor.
In my capacity as counsel, I have also examined such other documents or instruments as I have deemed relevant for the purposes of rendering the opinions hereinafter set forth.
I have also assumed, but have no reason to question, the legal capacity, authority and the genuineness of the signatures of and due and proper execution and delivery by the respective parties other than SomerCor which has made, executed or delivered or will make, execute and deliver the agreements and documents examined by me.
I express no opinion as to (i) the laws of any state or jurisdiction other than the State of Illinois (and any political subdivisions thereof) and the United States of America; and (ii) any matters pertaining or relating to the securities laws of the United States of America, the State of Illinois or any other state.
|10 10|
Based upon arid subject to the assumptions and qualifications herein stated, it is my opinion
that:
SomerCor is a not-for-profit corporation, duly organized and validly existing under the laws of the State of Illinois, SomerCor has made all filings required by the laws of the State of Illinois in respect of its formation and continuing existence, and has all requisite authority to carry on its business and to execute and deliver, and to consummate the transactions contemplated by, the Agreement.
The Agreement has been duly executed and delivered on behalf of SomerCor, and constitutes a legal, valid and binding obligation of SomerCor, enforceable against SomerCor in accordance with its terms, except to the extent that enforcement of any such terms may be limited "by: (a) applicable bankruptcy, reorganization, debt arrangement, insolvency or other similar laws generally affecting creditors' rights; or (b) judicial and public policy limitations upon the enforcement of certain remedies including those which a court of equity may in its discretion decline to enforce.
There is no action, suit or proceeding at law or in equity pending, nor to my knowledge threatened, against or affecting SomerCor, before any court or before any governmental or administrative agency, which if adversely determined could materially and adversely affect the ability of SomerCor to perform under the Agreement or any of its business or properties or financial or other conditions.
The transactions contemplated by the Agreement are governed by the laws of the State of Illinois.
The execution and delivery of the Agreement and the consummation of the transactions contemplated thereby will not constitute:
a violation or breach of (i) the Articles of Incorporation of SomerCor, (ii) the By-Laws of SomerCor, (iii) any provision of any contract or other instrument to which SomerCor is bound, or (iv) any order, writ, injunction, decree, statute, rule or regulation binding on SomerCor, or
a breach of any of the provisions of, or constitute a default under, or result in the creation or imposition of any lien or encumbrance upon any of the property of SomerCor pursuant to any agreement or other instrument to which SomerCor is a party or by which SomerCor is bound.
No action of, or filing with, any governmental or public body is required to authorize, or is otherwise required for the validity of, the execution, delivery and performance of any of the Agreement.
This opinion is furnished for your benefit and may be relied upon by you and any such other party in connection with the Agreement, but may not be delivered to or relied upon by any other person or entity without written consent from the undersigned.
Very truly yours,
10
CITY OIT CHICAGO ECONOMIC DISCLOSURE STAT3SMJBNT AND AFI?n>AVIT
SECTION I - GENERAL INFORMATION
Legal name of Che Disclosing Party submitting this JBDS. Include d/b/n/ if applioable;
, Chock ONE of tho following three boxes:
Indicate whether tho Dlsoloslng Purty aubmUllag thia EDS is:
tyl theApplloant
[] a legal entity holding a diroot or indirect Interest In tho Applicant, Statothe logolaameof flie
Applicant in which Que Disclosing P arty hold* an Interest:,
OR
3, [] a legal entity v/Ub. a right of control (eee Sootion HJ& JL) State the legal nemo of ihe entity in
which the Disclosing Party holds ti right of control:
Businessaddroaa ofQioDlacloslngParty: 5r kiSftlfe,
C. Tolophone-.^'Sftfr"^*^ gar, ^ifl 5^ Email: r^f^K/a<4/qgrMr.6cVvi
P. •NnmanfonntnotpeiBon: f*>Ay\V) 1?fAnH<. j
E. Federal Employer Identifioation No. (if you have ono):. ,
V. Brief description of contract, transaction or other undertaking (referred to bolow as tho "Matter") (o •wMoh this EDS pertains. (Inohidc ptojeot number end loo&tlon of property, If npplioablo):
G, Which City agenoy or department is requesting Oils BDS?T^|?k rt£ PlrtAnlV^ <*/w) t^VIf the Matter la o contract being handled by tho City's Department of Procurement Services, plcnse complete the following:
SpecificationM A andCnntmot*' ^/A
Page J of 13
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF TUB DISCLOSING PARTY
1, Indicate the nature of the Disoloaing Parly;
[ ] Parson [ ] Limited natality company
[ ] Publioly registered business corporation [ ] Limited liability partnership
[ ] Privately held business corporation [ ] Joint venture
[ J Solo proprietorship M Not-for-profit corporation
L ] General partnership \h tho not-for-pxotfl corporation also a 501(c)(3))?
[ ] Limited partnership [ ] Yes |^ No
13 Trust $ OUier (please speolfy)
_4eiU4W •
2. PGr legal entities, the stato (or foreign country) of incorporation or organization, if applicable!
3. Por legal entitles not organized In tho State otIllinois: Has the organization registered to do business in tho Statu of Illinois «s n foreign entity?
[JYos HNo l^N/A
B. IF THE DISCLOSING PARTY IS A LEGAL BNTITY:
1. List below the full names and titles of all oxoouttVQ officers and oil directors of tho entity. NOTE: For not-for-profit corporations, also list below all inombonr, if nny, whloh are legal entities. If there are no suoh members, writo "no members," For trusts, estates or other aimllBr entities, Est below tho legal titloholdcr(e).
If the ontily is a general partnership, limited partnership, limitod liability oompftny, limited liability partnership or Joint venture, Hat bolow the name and. tltlo of each general partner, managing member, roanngor or any other person or entity that controls tho day-to-day management of the Disclosing Potty. NOTE: Baoh legal entity listed bolow must submit an BDS on. Its own behalf.
Name „ Title
2. Please provide tho following information concerning each porson or entity having a direct or indirect bcnefJoiai bitwest (including ownership) jn excess of 7.5% of the Disclosing Party. Examples of suoh an interest inoludc shares in a corporation, partnership Interest In a pnrtnorship or joint venture,
Page 2 of 13
interest of a member or msn«gor in n limited liability company, or interest of a bonofioiary of a trust, estate or other similar entity. If xicne, state "None." NOTE: Pursuant to Section 2-154-030 of tho Municipal Codo of Cliloago ("Municipal Code"), tho City may require nny such additional information from any applicant which is reasonably intended to nohie-ve full disolosuro.
Name Business Address Percentage Interest in tho
• i , A Disclosing Party
SECTION HI - BUSINESS RELATIONSHIPS yyjulH CITY ELECTS) OFFICIALS
Has the Disclosing party hod a "business relationship," as defined k Chapter 2-156 of tho Municipal Code, with any City elected official in tho J 2 months before the date this BDS in signed?
[]Yes • ^No
If yos, please Identify bolow (he name(3) of suoh City elected offtolal(s) and desoribe such £olation$hip(s):
, A)/ A* „
SECTION JCV - J01SCLOSUB2S OP StflBCONTHACTOKS AND OTHER RETAINED PARTIES
Tho Disclosing Party must disclose the name and businoss addross of each aubootttraotor, attorney, lobbyist, ttcoountftrd, consultant and any other person or entity wlvora the Disclosing Pasty has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, end tho total amount of tho fees paid or ostlmnted to bB paid. Tho Disoloslng Party is not Jtoquired to dlsolose employees who arc paid solely through tho Disoloslng Part/8 regular payroll.
"Lobbyist" means any person or entity who undertakes to hvfhwnoe any legislative or administrative action on benalf of nny person or entity other than: (I) a no^for-proflt entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or ontily 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 ash the City whether disclosure is required or rnalce tho disolosuro.
Page 3 of 13
Name (indicate whether Business Relationship to Disoloslng Party Pees (Indicate whether
reloinod or anticipated Address (subcontractor, attornoy, paid or estimated.) NOTE:
to bo rotained) lobbyist, etc.) "hourlyrale" or "r.b.d."is
not an acceptable response.
_ .
(Add sheets if necessary)
Check here if tho Disoloslng Party has notretaked, nor expects to retain, any such persons or entitles. SECTION V - CERTIFICATIONS
COURT-ORDBRBD CHILD SUPPORT COMPLIANCE
Under Munioipul Code Sootlon. 2-92-115, substantial owners of business entities mat oontraot with the Citymvuatremalnin compliance with their child support obligations throughout the oontraot's terra,
Has any person who directly or indheotly owns 10% or more of tho Dlsolosing Party been deolwod In arrearage on any ohild BUppott obligations by any Illinois court of oompetent jurisdiction?
[JYos []No fidNo person directly or indhreotly owns 10% or moro of the
'Disclosing Party.
If" Yes," has the person entered into a court-approved agreement for payment of all support owed and Is tho parson in compliance with that agreement?
? Yes []No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23; Article I ("Article I")(wliich the Applicant should consult for defined terms (eg., "doing buajno36") and legal requirements), if tho Disoloslng Party submitting this BDS Is the Applicant and ia doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person Is ouirently indicted or charged with, orhns admitted guilt of, or has evor been oonviotod of, or piaocd uttdor supervision for, nny criminal offense involving uotual, attempted, or oonsplraoy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an offkor or employee of the City or any slstor agency; and (ii) the Applloant understands nucl 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 onmphan.ee timeframe in Article I supersedes some five-year oompljtmco timeframes in certifications 2 and 3 below.
Page 4 of 13
2. Tho Disolosing Patty and, If the Disolosing Party la a legal entity, all of thoao persons or entitles
identified in Seotlon H.B.1. of this BDS:
are not prcsontiy debarred, suspended, proposed for debarment, declared Ineligible or voluntarily oxoludcd from any transactions by nny federal, state or looal unit of government;
have not, within a five-year period preceding the dato of this EDS, been convicted of a crJhninal offense, adjudged guilty, of had a civil Judgmont rendered against them in oonuopiion with: obtaining, attempting to obtain,' or performing a publio (fedoral, state or local) transaction or conrraot under a publio transaction; a violation of federal or stato antitrust statutes; fraud; embezzlemont; theft; forgery; bribery; falsification or destruction of rcoords; making false statements; ox receiving stolen property;
are not prosently indioted for, or oriminaHy or oivilly charged by, a governmental entity (federal, state or looal) with committing any of the offenses set forth in clause B,2.b. of this Section V;
have not, within a five-year period preooding the date of this BDS, had ono or more public transactions (federal, state or looal) terminated for oauso or default; and
have not, within, a five-yoai period preceding the date of this EDS, been oonvioted, adjudged guilty, ox found liable in a oivil proceeding, or in any criminal or oivll action, including actions concerning environmental violations, Instituted by the City or by the federal government, any state, or-any other unit of local government,
3, The certifications in subparts 3,4 and 5 conocrn:
the Disclosing Party;
nny "Contractor" (meaning any contractor or subcontractor used by the Disoloslng Party in connootion with tho Matter, inoiudlng but not limited to all persons or Legal entities disolosed under Section IV, "Disclosure of Subcontractors and Othor 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 Disoloslng Pnrly> under common control of another person or entity. Indioia of control Inolude, without limitation: Interlocking management ot ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following tho 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 respoat to Contractors, tho term Affiliated Entity means a person or entity that directly or indirectly oontrols the Contractor, is controlled by it, or, with the Contractor, is under common control of smother person or entity;
any responsible offioial of the Disclosing Patty, any Contractor or nny Affiu'atod Bntity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, noting pursuant to tbo direction or authorization of u responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disolosing Party, nor any Contractor, nor any AffUhrtod Entity of either the Disolosing Party or any Contractor nor any Agents have, during the five years before the divto this BDS is signed, or, with respect to a Contractor, on Affiliated Bntity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's oontract or engagement in connootlon With the Matter:
bribed or attempted to bribe, or boen converted or adjudged guilty of bribery or attempting to bribe, a publio officer or employee of the City, the State of Illinois, or any agenoy of tho federal govorjuncut or of any state or looal government in tho United Stales of Amorlca, in that officer's or employee's offdoial capacity;
agreed or colluded with other bidders or prospective bidders, or been a parry to any such agreement, or been oonvioted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid o fixed price or otherwise; or
mado an admission of 3uch 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 Munioipal Code Section 2-92-610 (Living Wago Ordinance).
4. Neither the Disclosing Party, Affiliated Bntity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of stato or Jounl government a3 a result of ongoging in or being convicted of (1) bid-rlgglng in violation of 720 ILCS 5/33B-3; (2) bid-rotating In violation of 720 ILCS 5/33B-4; or (3) any similar offense of any state or of the United States of Amorloa that contains the same elements as the offense of bid-rlgglng or bid-rotating.
3. Noither tho Disclosing Patty nor any Affiliated Bntity is listed on any of tho following lista maintained by the Office of Poroign Assets Control of the U.S. Department of the Treasury or tho Bureau of Industry and Seourity of thoTJ.S. Department of Commerce or thohr successors: the Specially Designated Nationals List, tho Deniod Persons List, the Unverified List, the Entity List and the Debarred List,
The Disoloslng Parly understands and ehall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspeotor General) and 2-15(5 (Governmental Ethics) of tho Munioipal Code.
If the Disoloslng Party is unable to certify to any of tho abovo statements in fills Part B (Further Certifications), tho Disclosing Party must explain below:
Page 6" of J3
If tho loiters "NA," the word "Nono," or no rosponse appears on tho linos obovo, it will be conclusively presumed that the Disolosing Parly oortiflod to the above statements.
8. To the best of the Dlsojoaing Party's lcnowlodgo after reasonable inquiry, the following is a oomploto list of all ourrent einployocs of tho Disclosing Party who were, at any time during the 12-month period preceding tho oxecution date of till* BDS, an employee, or ejeoted or appointed offioJal, of tho City of CWoogo (if none, indicate with "N/A" or "none").
9, To the best of the Disclosing Parly's knowledge after reasonable inquiry, the following is a complete list of nil gifts that tho Disoloslng Parly has given or caused to be given, at any time during the 12-momh period preceding the exeouiion date of this BDS, to an ompioyeo, Or uleoiod es appointed official, of the City of Chioago. For purposes of this statement, a "gift" does not lnolude; (i) Anything made generally available to City employees or to the general publio, cor (ii) food or drink provided In the oonrse 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, plonso also list tho name of tho City recipient.
C. CBRTIPICATION OP STATUS AS FINANCIAL DESTITUTION
1, The Disclosing Party certifies that tho Disclosing Patty (check one)
[]is p^Js ttot
a "fjmmolni institution" aa dofined In Sootion 2-32-4S5(b) of tho Munloipal Code.
2. If tho Disolosing Parly IS a financial institution, then the Disclosing Party pledges;
"We are not and will not beoome a predatory lender as defined in Chapter 2-32 of tho Municipal Code. Wo further pledge that: nono of our affiliates Is, and none of thom will booome, a predatory lender as defined in Chapter 2-32 of tho Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party fa unable to make this plcdgo because it or any of its affiliates (as defined In Section 2-32-455(b) of the Munioipal Code) is a predatory lender within tho moaning of Chapter 2-32 of tho Municipal Code, explain horo (altaoh additional pages if necessary):
Pago 7 of 13
If tho lottera "NA," the word "None," or no response appears on the linos above, it will be conclusively presumed that the Disoloslng Party certified to tho above statements.
D. CBRTIPICATION REGARDING INTBRBST IN CITY BUSENBSS
Any words or terms that are defined in Chapter 2-156 of tho Munioipal Code have the same meanings when used In this Part D.
In accordance with Section 2-i56'.-ll0 of the Munloipal Code: Does any official or employee of the City have a financial interest in hie or hor own name or in the name of any other person ox entity in tho Matter?
I-lYes ^(Tno
NOTB: If you oheolted "Yes" to Item D.I., prooood to Items D.2. and D.3. If you ohockod "No" to Item D.l., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no CHy elected official or employee shall have a financial interest in his or her own name or in the nemo of any other person or entity In the purchase of any property that (i) belongs to tho City, or (if) is sold for taxes or assessments, or (JU) is sold by virtue of legal proooss at tho suit of the City (collectively, "City Property Sale"), Compensation, for property taken pursuant to tho City's eminent domain power does not constitute a financial interest within the meaning of this Part D •
Does tho Matter involvo a City Property Sale?
? Yes ^No
If you chocked "Yes" to Item D.L, provide tho names and businoos addresses of tho City officials or employees having suoh Interest and identify the nature of suoh Interest:
Name Business Address Nature of Interest
N/A
4. The Disclosing Patty further certifies mat no prohibited financial interest in the Matter will be acquired by any City offioial or employee.
B. CERTIFICATION REGARDING SLAVERY BRA BUSINESS
Please cheofc cither 1. or 2. below, If the Disclosing Party oheoks 2., the Disolosing Party must disclose below or in mi attachment to this EDS all Information required by paragraph 2. Failure to
Pugo 8 of 13
comply with these disclosure requirements may make any oontraot ontered Into with the City In connoution with the Matter voidable by tho City.
. The Disclosing Parly verifies that the Disclosing Party has searched any and all iooord3 of the Disolosing fatty and any and ail predecessor entities regarding records at investments or profits from slavery or slaveholder insurance polioies during tho slavery era (including Insurancepotioies issued to slave-holders thatprovldcd coverage fox damage to or injury or death of their slaves), and the Disclosing Party has found no suoh rooords.
. . 2, The Disoloslng Parly verifies that, os a result of conduoling tho scaroh in 3tep 1 above, the Disclosing Parly has found records of investments or profits from Blavory or slaveholder insutanoo polioies. The Disclosing Party verifies that the following constitutes full disolosuro of oil suoh records, Including the names of any and all slaves en* slaveholders descrlbod in those records;
SECTION VX - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOT38: Ii tho Matter Is federally funded, complete this Seotion VI. If the Matter; is not fodornHy funded, proceed to Section VII. For purposes of this Seotion VI, tax credits allocated by tho City and prooeeda 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 underthe federal Lobbying Dlsolosure Aot of 1995 who have made lobbying contacts on behalf of (ho Disclosing Party with respcot to tho Matter; (Add sheets ifneoossary):
A/A
(If no explanation appears of begins on the lines above, or If the letters "NA" or If tho word "None" appear, it will be conclusively presumed (bat the Disolosing Party means that NO persons or entitles registered undor the Lobbying Disclosure Aot of 1995 have made lobbying oontaots on behalf of the . Disoloslng Parly with respect to the Matter.)
2. The Disoloslng Party has not spent and will not Bxpond any federally appropriated iunds to pay nny poison or entity listed in Paragraph A.l. above for his or nor lobbying activities or to pay any person or ontity to influence or attempt to influence an officer or employee of any ngonoy, as defined by applioftbto federal Jaw, a rnombcr of Congress, an officer or employeo of Congress, or an employee of a mombcr of Congress, in connection with the award of nny federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or (o extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disoloslng Party will submit on updated certification at tho ond of each oalcndar quarter In which thero ocours any event that materially affccta the accuracy of the statements and Information sot forth in paragraphs A.l. and A.2. above.
The Disclosing Parly oertlfios that either: (i) It is not an organization described in aootion, 501(o)(4) of tho Internal Revenue Code of 1986; or (ii) It is an organization dcsoribed In section 501(o)(4) of tho Internal Revenue Codo of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disolosing Parly is tho Applicant, tho Disoloslng Party must obtain oeitlflcations equal In form and substance to paragraphs A.l. through A.4. above fk'ojtn all subcontractors beforo it awards any subcontract and the Disclosing Parly must maintain all suoh subcontractors' cortifioations for the duration, of the Matter and must make suoh 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 their bids or in writing at the outset of negotiations.
Is the> Disclosing Party tho Applloant?
^Yos UNo If "Yes," answer the three questions below;
Have you developed and do you have on file affirmative action programs pufsuont to applicable federal segnlatlonB? (See 41 CFR Part 60-2.)
nYefl p(No
Have you filed with the Joint Reporting Committee, the Director of the Office of Pederal Contract Compliance Programs, or the Equal Employment Opportunity Commission all teports due under the applicable filing requirements?
? Yes $No
Have you participated in any previous contracts or- subcontracts subject to the equal opportunity olause7
t]Yes {X)No
If you checked "No" to question \. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII — ACKNOWLEDGMENTS,CONTRACT INCORPORATION COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrcos that:
Tho certifications, disolosuros, and acknowledgments contained in this BDS will become part of any contract or other agreement hBtwoen the Applicant and the City in ennnootion with tho Matter, whether procurement, City assistance, or other City action, and aro material inducements to tho City's execution of any contract or taking other action with rospect to tho Matter. Tho Disoloslng Parry understands that it must comply with all statutes, ordinances, and regulations on which this BDS la based.
Tho City's Governmental Kthios and Campolgn Pmaaoing Ordinances, Chaptow 2-156 and 2-164 of tho Municipal Code, iinposo certain duties and obligations on porsons or entities seeking City coutraots, work, business, or transactions. The full text of these ordinances and a training program Is available on lino at www.oltvofohioseq.org/Ethics . and way also bo obtained from the City's Board of Ethios, 740 N.
SodgwiokSt., Suite 500, Chicago, IL 60610, (312) 744-9660. The Dlscloshig Parly mu3toomplyfully with the applicable ordinances.
If the City dctermmoa that any information provided in this EDS Is false, Incomplete or inaocurato, any contract or other agreement in connection with wUIoh It is submitted may ho rasolndod or be yoid or voldablo, 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 Disolosing Party's participation in the Matter and/or deollnlng to allow the Disolosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may Include inoaroerntion and en award to the City of ttoble damages,
It is 1he City's polioy to mako nils document available to the public on its Internet site and/or upon requost. Some or all of tho infbmation provided on this BDS and any attachments to this BDS may bo made available to the public on the Internet, in response to a Proodom of Information Aot request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases «ny possible rights or olohns whieh it may have against the City in connection with tho public releaso of Information oontained in this EDS and also authorizes the City to verify the aoouraoy of any information submitted in Ink EDS.
B. Tho information provided in this EDS must be kept current. In the event of changes, the Disclosing Tsuty must supplement this EDS up to the time the City takes action on the Matter, If the Matter is o contract being handled by the City'3 Department of Procurement Services, tho Disoloslng Party must update this EDS as the oonltaot requires. NOTE: WithrcBpeot to Matters aubjeotto Article I of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain speoified offenses), the information provided herein regarding eligibility mnst bo kept current for a longer period, as required by Chapter 1 -23 and Section 2-J 54-020 of tho Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. 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, properly taxes or sales taxes.
F.2 If the Disclosing Parly is the Applicant, the Disclosing Party and its A ffiliated 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. I. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
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) By: ^
(Sigffhere)
(Print or type name of person signing) (Print or type title of person signing)
at
Signed and sworn to before me on (date)
dOQtf County, XLU/VOl<> (state).
Official Seal Oebra M MoracK
My Commission &PM*?UV*- - •
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A
PAMIIIALXUSXATIONSHTPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) nny logal entity-which has fl direct ownership interest Jn the Applicant exceeding 7.5 percent. It is not to he completed by any legal entity which hns only on Indirect ownership Interest in tho Applicant,
Under Municipal CodeSeotion 2-154-015, tho Disclosing Party most disoloso whether suoh Disclosing Party or any "AppJlcablo Party" or any Spouso or Domcstio Parmer thereof currently has a "familial relationship" with ony elected oily official or department lend. A "familial relationship" exists if, as of the date Oils BDS is dgned, tho piffpJoslugParty or any "Appl/oobJo Patty" or any Spouse or Domestic Partner thereof Js rotated to the mayor, nny alderman, the city cleric, the oily treasurer or any city department head as spouso or domestic partner or «s any of Hie following, whether by blood or adoption; parent, child, brother or sister, aunt or undo, nieoe ornophov, grandparent, grandchild, father-ln-Iow, mother-in-law, son-in-law, daughtcriln-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (I) all excoutive officers of the Disclosing Party listed in Section tf.B.l.a., if the Disclosing Party is a corporaUon; all partners of the Disclosing Party, if the Diflolostog Party la a general partnership; all general partners and limited partners of the Disclosing party, If the Disolosing Party w n limited partnorsbipj all managers, managing members and members of the Disclosing Party, if tho Disclosing Potty is a limited liability company, (2) all prinoipal officers of tho Disclosing Party; and (3) anyporson hovlngmoretlvan a7.5peroont ownership interest In the DisoLosIng Party. "Prinoipal officers" moons the president, chief operating officor, executive director, chief finaholttl officer, treasurer or secretory of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestlo Partner thereof currently hove a "familial relationship" with an elected city official or department head?
HYes JxjNo
If yea, please identify below (1) too name and title of suoh porson, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected dry official or departmehthead to whom such personha3 a familial relationship, and (4) the precise nature of such ftmlllal relatlonsiup.
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Directors
Dan Lang Memorial City Bank
David Frank SomerCor 504, Inc.
Peter Stickler Inland Bank
Charles Krawitz Marcus & Millichap
Mike Hawley National Bank & Trust of Sycamore
Lynn Dubajic Yorkville Economic Devlopment Corp.
Martin Castro Castro Synergies, LLC
Joseph E. Shultz Artisan Advisors
Jeff Scott First Capital Bank
Jon Winick Clark Street Capital Management
Greg Donahue JP Morgan Chase
Scott Heiman Sussex Financial Group. Inc.
Santiago Martinez Gold Coast Bank
Michael Plumb Lee & Associates of Illinois, LLC
Joseph Brocato Gozdecki Del Guidice Americus Farkas & Srocato LLP
Steve Jaffe Edot
Carrie Pohl PNC
Officers
President David Frank
Executive Vice President Milan Maslic
Chief Credit Risk Officer Eric Spokas
SBIF Director Jacob Stern
Senior Vice President David Sommers
Vice President P. Mac Dobson
Vice President Darin Gehrke
Vice President Paul Jastrzebski
Vice President Carlie Dunteman
Secretary Russel 1. Shapiro