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Record #: O2013-9765   
Type: Ordinance Status: Passed
Intro date: 12/11/2013 Current Controlling Legislative Body: Committee on Finance
Final action: 12/11/2013
Title: Scope of services, budget and management agreement for Special Service Area No. 20 (Year 2014)
Sponsors: Dept./Agency
Topic: SPECIAL SERVICE AREAS - S.S.A. No. 20 (South Western Avenue)
Attachments: 1. O2013-9765.pdf
CHICAGO December 11, 2013
 
To the President and Members of the City Council:
 
Your Committee on Finance having had under consideration
 
A communication recommending a proposed ordinance concerning the authority to reestablish Special Service Area Number 20.
 
Amount to be levied: $175,219
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Having had the same under advisement, begs leave to report and recommend that your Honorable Body pass the proposed  Ordinance Transmitted Herewith
 
This recommendation was concurred in by      (a (viva voce vote
of members of the committee with      dissenting vote(s
 
 
 
Respectfully submitted
 
 
 
 
 
Chairman
 
Document No.
 
 
 
 
REPORT OF THE COMMITTEE ON FINANCE TO THE CITY COUNCIL CITY OF CHICAGO
 
Department of
Development
Housing and Economic city of chicago
 
 
 
 
 
 
December 3, 2013
 
 
 
 
TO THE HONORABLE CHAIRMAN, EDWARD M. BURKE AND MEMBERS OF THE COMMITTEE ON FINANCE OF THE CITY COUNCIL
 
 
 
Ladies and Gentlemen:
 
I transmit herewith ordinances authorizing a scope of services, budget and management agreements for various Special Service Areas.
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Your favorable consideration of these ordinances will be appreciated.
 
 
 
Very truly yours,
 
Andrew J. Mooney Commissioner
 
121 NORTH LASALLE STREET. ROOM 1000. CHICAGO. ILLINOIS 60602
 
ORDINANCE
 
 
WHEREAS, special service areas may be established pursuant to Article VII, Sections 6(1) and 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., as amended from time to time (the "Act") and pursuant to the Property Tax Code, 35 ILCS 200/1-1 et seq., as amended from time to time (the "Code"); and
WHEREAS, on October 28, 1997, the City Council of the City of Chicago (the "City Council") enacted an ordinance, as amended by an ordinance by the City Council on November 15, 2000, which established an area known and designated as City of Chicago Special Service Area Number 20 and authorized the levy of an annual tax, for the period beginning in 1997 through and including 2003 (the "Initial Levy Period"), not to exceed an annual rate of one and zero hundredths percent (1.00%) of the equalized assessed value of the taxable property in the area to provide certain special services in and for the area in addition to the services provided by and to the City of Chicago (the "City") generally; and
WHEREAS, the Initial Levy Period expired; and
WHEREAS, on December 8, 2004, the City Council enacted an ordinance (the "Establishment Ordinance") which again established a special service area known and designated as City of Chicago Special Service Area Number 20 (the "Area") to provide certain special services in and for the Area in addition to services provided generally by the City (the "Original Special Services") and authorizing a levy of an annual tax for the period beginning in 2004 through and including 2013 (the "Second Period") not to exceed an annual rate of one and zero hundredths percent (1.00%) of the equalized assessed value of all property within the Area (the "Services Tax") to provide the Original Special Services for an additional period of 10 years; and
WHEREAS, the City Council determines that it is in the best interests of the City (i) to authorize certain special services in the Area distinct from the Original Special Services (the "Special Services"), and (ii) to authorize the extension ofthe Second Period and ofthe levy of the Services Tax for the provision of the Special Services in the Area in addition to services provided generally by the City for a period through and including tax year 2022; and
WHEREAS, the Establishment Ordinance established the Area as that territory on Western Avenue from 99th Street to 111th Place and on the west side of Western Avenue from 111th Place to 119th Street; and
 
 
 
 
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WHEREAS, the Establishment Ordinance provided for the appointment ofthe South Western Special Service Area Commission (the "Commission") for the purpose of recommending to the Mayor and to the City Council a yearly budget based upon the cost of providing the Special Services and further to advise the Mayor and the City Council regarding the amount of the Services Tax to be levied; and
WHEREAS, it is the responsibility of the Commission to recommend to the Department of Housing and Economic Development, the Mayor and the City Council an entity to serve as a service provider (the "Service Provider"), the form of an agreement between the City and the Service Provider for the provision of Special Services to the Area, and a line item budget to be included in the agreement between the City and the Service Provider; and
WHEREAS, the Commission has been duly appointed and qualified and has heretofore prepared and transmitted to the Commissioner of the Department of Housing and Economic Development (the "Commissioner") and to the City Council its recommendations for a budget to provide the Special Services in the Area for the fiscal year commencing January 1, 2014, and has advised the Mayor and the City Council concerning the Services Tax for the tax year 2013 for the purpose of providing funds necessary to provide the Special Services, and has recommended to the Department of Housing and Economic Development, the Mayor and the City Council an agreement with the Service Provider, with a one-year term, the terms and conditions of which provide for the expenditure of the Services Tax for the provision of the Special Services for the fiscal year commencing January 1, 2014, in substantially the form attached hereto as Exhibit A; now, therefore,
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full.
SECTION 2. Findings. The City Council finds and declares as follows:
  1. The City Council adopted an ordinance on October 16, 2013 authorizing a public hearing (the "Public Hearing") to consider (i) the authorization of the Special Services as distinct from the Original Special Services, and (ii) the authorization of the extension of the Second Period and of the levy of the Services Tax for the provision of the Special Services in the Area for a period through and including tax year 2022;
  2. Notice of the Public Hearing was given by publication at least once not less than fifteen days prior to the hearing in the Chicago Sun-Times, a newspaper published in and of general circulation within the City, and notice ofthe Public Hearing was also given by depositing said notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each property lying within the Area, not less than ten days prior to the time set for the Public Hearing. For any properties for which
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taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of the property;
  1. The notice complied with all of the applicable provisions of the Act;
  2. The Public Hearing was held on November 8, 2013 by the Committee on Finance of the City Council. All interested persons, including all persons owning real property located within the Area, were given an opportunity to be heard at the Public Hearing regarding any issues embodied in the notice and have had an opportunity to file with the City Clerk of the City of Chicago (the "City Clerk") written objections on such issues;
  3. The Committee on Finance of the City Council has heard and considered all of the comments, objections, protests and statements made at the Public Hearing with regard to the issues embodied in the notice and has determined to recommend to the City Council that it is in the public interest and in the interest of the City and the Area to authorize the Special Services and extend the Second Period and the levy of the Services Tax, all as provided in this ordinance;
  4. The Public Hearing was finally adjourned on November 8, 2013;
  1. The sixty day period as described in Section 27-55 of the Act, in which an objection petition to this ordinance may be filed, commenced on November 8, 2013; and
  2. The City Council hereby finds and determines that it is in the best interests of the City that (i) the Special Services be authorized, and (ii) the extension of the Second Period and the levy of the Services Tax for the provision of the Special Services in the Area for a period through and including tax year 2022 be authorized, all as set forth herein.
SECTION 3. Special Services Authorized. The Special Services authorized hereby include, but are not limited to: recruitment of new businesses to the Area, rehabilitation activities, maintenance and beautification activities, new construction, security, promotional and advertising activities, strategic planning for the Area, and other technical assistance activities to promote commercial and economic development (which may include, but are not limited to, streetscape improvements, strategic transit/parking improvement including parking management studies, and enhanced land use oversight and control initiatives). The Special Services shall be in addition to services provided to and by the City of Chicago generally.
SECTION 4. Authorization of Levy. There is hereby authorized to be levied in each year beginning in 2013 through and including 2022 the Services Tax upon the taxable property within the Area to produce revenues required to provide the Special Services, said Services Tax not to exceed an annual rate of one and zero hundredths percent (1.00%) ofthe equalized assessed value of the taxable property within the Area. The Services Tax shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Code. The
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levy of the Services Tax for each year shall be made by annual ordinance, commencing with this ordinance.
SECTION 5. Appropriations. There is hereby appropriated the following sums in the amounts and for the purposes necessary to provide the Special Services in and for the Area, the estimated amounts of miscellaneous income and the amounts required to be raised by the levy of the Services Tax indicated as follows:
SOUTH WESTERN SPECIAL SERVICE AREA COMMISSION SPECIAL SERVICE AREA BUDGET
 
For the fiscal year beginning January 1, 2014 and ending December 31, 2014.
EXPENDITURES
Service Provider Agreement for the provision of Special
Services $189,864
 
 
TOTAL BUDGET REQUEST $189,864
SOURCE OF FUNDING
Tax levy not to exceed an annual rate of one and zero hundredths percent (1.00%) of the equalized assessed value, of taxable property within
Special Service Area Number 20 $175,219 Carryover funds currently available
from prior tax years $6,000
 
 
Late collections received by the City of Chicago
attributable to the levy of the Services Tax
in prior tax years, along with interest income
thereon, if any $8,645
 
SECTION 6. Levy of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(l)(2) ofthe Constitution ofthe State of Illinois and pursuant to the provisions of the Act and pursuant to the provisions of this ordinance, the sum of $175,219 as the amount of the Services Tax for the tax year 2013.
 
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13SSA20-Levy Extension v2
 
 
 
SECTION 7. Service Provider Agreement. The Commissioner, or a designee of the Commissioner, are each hereby authorized, subject to approval by the Corporation Counsel as to form and legality, to enter into, execute and deliver an agreement with the Morgan Park Beverly Hills Business Association, an Illinois not-for-profit corporation (the "Organization"), in substantially the form attached hereto as Exhibit A and hereby made a part hereof (the "Service Provider Agreement"), and such other supporting documents, if any, as may be necessary to carry out and comply with the provisions of the Service Provider Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Service Provider Agreement.
SECTION 8.  Protests And Objections. If a petition of objection is filed with the Office of the City Clerk signed by at least fifty-one percent (51%) of the electors residing within the boundaries of the Area and by at least fifty-one percent (51 %) of the owners of record of the property included within the boundaries of the Area within sixty (60) days following the adjournment of the Public Hearing, all as provided for in Section 27-55 ofthe Act, as a result of such filing the portions this ordinance which authorize the Special Services and extend the Second Period and the levy of the Services Tax, shall be deemed to be null and void, the Services Tax shall not be levied, and the Service Provider Agreement shall not be entered into or shall be deemed to be null and void and no compensation in connection therewith shall be provided to the Organization.
SECTION 9. Severability. If any provision of this ordinance or the application of any such provision to any person or circumstances shall be invalid, such invalidity shall not affect the provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end each provision of this ordinance is declared to be severable.
SECTION 10. Filing. The City Clerk is hereby ordered and directed to file in the Office of the County Clerk of Cook County, Illinois (the "County Clerk") a certified copy of this ordinance on or prior to December 31, 2013, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2013 against all the taxable property within the Area, the amount of the Services Tax herein levied to be in addition to and in excess of all other taxes to be levied and extended against all taxable property within the Area.
SECTION 11. Conflict. This ordinance shall control over any provision of any other ordinance, resolution, motion or order in conflict with this ordinance, to the extent of such conflict.
 
 
 
 
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SECTION 12. Publication, This ordinance shall be published by the City Clerk, in special pamphlet form, and made available in her office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance.
SECTION 13. Effective Date. This ordinance shall take effect 10 days after its passage and publication.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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13SSA20-Levy Extension v2
EXHIBIT A Service Provider Agreement
 
 
Agreement for Special Service Area #20
 
 
between
 
 
the CITY OF CHICAGO
(Represented by the Special Service Area Commission)
and
MORGAN PARK BEVERLY HILLS BUSINESS ASSOCIATION
 
 
 
effective January 1, 2014 through December 31, 2014
 
 
 
 
Rahm Emanuel Mayor
 
TABLE OF CONTENTS
 
Page
ARTICLE 1 INCORPORATION OF RECITALS      1
ARTICLE 2 DEFINITIONS      2
ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR      3
  1. Scope of Services      3
  2. Standard of Performance      3
  3. Personnel      4
  4. Nondiscrimination      5
  5. Insurance      6
  6. Indemnification      '.      6
  7. Records and Audits       7
  8. Subcontracts and Assignments      9
  9. License, Permits and Safety Considerations      9
  10. Performance Bond      10
 
ARTICLE 4 TERM OF SERVICES      10
 
ARTICLE 5 COMPENSATION      10
  1. Basis of Payment      10
  2. Budget for Services      '.      11
  3. Method of Payment      11
  4. Criteria for Payment      11
  5. Funding      12
  6. Non-Appropriation      12
 
ARTICLE 6 SPECIAL CONDITIONS      12
  1. Warranties and Representations      12
  2. Economic Disclosure Statement      13
  3. Conflict of Interest      14
  4. Non-liability of Public Officials      14
  5. Independent Contractor      15
  6. Business Relationships with Elected Officials      16
  7. Chicago "Living Wage" Ordinance      16
  8. Deemed Inclusion      ;      17
  9. Environmental Warranties and Representations      17
  10. EDS / Certification Regarding Suspension and Debarment       18
  11. Ethics      18
  12. MacBride Ordinance      18
  13. Duty to Report Corrupt or Unlawful Activity      19
 
t
 
 
ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT
TO OFFSET, SUSPENSION      19
  1. Events of Default Defined.....      19
  2. Remedies      20
  3. Right to Offset      21
  4. Suspension      21
  5. No Damages for Delay      21
  6. Early Termination      ,      21
 
ARTICLE 8 GENERAL CONDITIONS      22
  1. Entire Agreement      22
  2. Counterparts      22
  3. Amendments      22
  4. Compliance with All Laws      ".      22
  5. Compliance with ADA and Other Accessibility Laws      23
  6. Assigns      23
  7. Cooperation      23
  8. Severability      23
  9. Interpretation      24
  10. Miscellaneous Provisions      24
  11. Disputes      24
  12. Contractor Affidavit      24
  13. Prohibition on Certain Contributions      25
  14. Firms Owned or Operated by Individuals with Disabilities      26
  15. Governing Law and Jurisdiction      26
ARTICLE 9 NOTICES      :      26
ARTICLE 10 CITY ACTION      27
ARTICLE 11 PLA      27
EXHIBIT 1 Scope of Services & Budget
EXHIBIT 2 Economic Disclosure Statement and Affidavit
EXHIBIT 3 Insurance Provisions
EXHIBIT 4 Security Firm Insurance Provisions
EXHIBIT 5 Prevailing Wages
EXHIBIT 6 Performance Bond Form
 
ii
 
 
EXHIBIT 7 Contractor Affidavit EXHIBIT 8 Additional Audit Requirements EXHIBIT 9 PLA
 
AGREEMENT
 
 
This Agreement for the management of Special Service Area Number 20 is entered into
on      , 2014 by and between Morgan Park Beverly Hills Business Association, an
Illinois not-for-profit corporation ("Contractor"), and the City of Chicago ("City"), a municipal corporation and home rule unit of local government existing under the Constitution of the State of Illinois, acting through the Special Service Area Commission at Chicago, Illinois.
 
 
RECITALS
 
 
WHEREAS, special service areas may be established pursuant to Article VII, §§6(1) and 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.; and
 
WHEREAS, the City Council of the City of Chicago ("City Council") has established a special service area known and designated as "Special Service Area Number 20" ("Area"), to provide special services in addition to those services provided generally by the City ("Special Services"). The City Council has further authorized the levy of an annual ad valorem real property tax in the Area sufficient to produce revenues required to provide those Special Services but not to exceed 1 00% ofthe equalized assessed value of all property within the Area ("Service Tax"), all as provided in the Establishment Ordinance (hereinafter defined); and
 
WHEREAS, the City Council, on       , 2013, authorized the levy of the
Service Tax and appropriation ofthe funds therefrom for the Area for fiscal year 2014 for the provision of the Special Services in the Area, and the City wishes to provide that the Contractor, beginning on January 1, 2014, and continuing until December 31, 2014, may use those funds to provide the Services, subject to the terms and conditions of this Agreement; and
 
WHEREAS, the Contractor and the City desire to enter into this Agreement to provide such Special Services in the Area and the Contractor is ready, willing and able to enter into this Agreement to provide the Special Services to the full satisfaction of the City;
 
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the City and the Contractor agree as follows:
 
 
ARTICLE 1 INCORPORATION OF RECITALS
 
The recitals set forth above are incorporated by reference as if fully set forth herein.
 
 
 
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ARTICLE 2 DEFINITIONS
 
The following words and phrases shall have the following meanings for purposes of this Agreement:
 
"Agreement" means this Special Service Area Agreement, including all exhibits attached to it and incorporated in it by reference, and all amendments, modifications or revisions made in accordance with its terms.
 
"Commissioner" means the Commissioner of the Department of Housing and Economic Development or a duly authorized representative of the Commissioner of the Department of Housing and Economic Development.
 
"Construction" means that work of a nature constituting "public works" as defined in 820 ILCS 130/2, such as landscaping and building activities, including but not limited to, physical building improvements, installations and other fixed works, but does not include pre-development work (design and preparation of specifications).
 
"Days" means business days in accordance with the City of Chicago business calendar.
 
"Department" means the City of Chicago Department of Housing and Economic Development.
 
"Establishment Ordinance" means the ordinance enacted by City Council on December
      , 2013, and any subsequent amendments thereto authorizing imposition of the Service
Tax and setting forth the Special Services to be provided in the Area.
 
"Late Collections" means any tax revenue received by the City during the term of this Agreement attributable to the levy of the Service Tax in prior years in the SSA, along with any interest income on such revenue.
 
"Risk Management Division" means the Risk Management Division of the Department of Finance which is under the direction of the Comptroller of the City and is charged with reviewing and analyzing insurance and related liability matters for the City.
 
"Security Firm" means a business entity certified by the State of Illinois pursuant to the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, 225 ILCS 447 et seq., and whose employees are licensed by the State of Illinois.
 
"Services" means, collectively, the services, duties and responsibilities described in Article 3 and Exhibit 1 (Scope of Services & Budget) of this Agreement and any revisions thereof and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
 
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"Service Tax Funds" means the amount actually collected pursuant to the Service Tax.
 
"Special Service Area Commission ('SSAC')" means the body established pursuant to the Establishment Ordinance to prepare the Budget, identify a Contractor and supervise the provision of the Special Services in the Area.
 
"Subcontractor" means any person or entity with whom Contractor contracts to provide any part of the Services, including subcontractors of any tier, subconsultants of any tier, suppliers and materialmen, whether or not in privity with the Contractor.
 
"Surplus Funds", also referred to as "Carry-Over Funds", means those Service Tax Funds already collected and disbursed to the Contractor in prior years for the provision of Special Services in the Area which remain unspent, including any interest earned thereon.
 
ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR
  1. Scope of Services
 
The Services which the Contractor shall provide include, but are not limited to, those described in this Article 3 and in Exhibit 1 which is attached hereto and incorporated by reference as if fully set forth here. The SSAC reserves the right to require the Contractor to perform revised services that are within the general scope of services of this Agreement and of the Special Services identified in the Establishment Ordinance subject to the same terms and conditions herein. Revised services are limited to changes or revisions to the line items in the Budget, do not affect the maximum compensation and require the prior written approval of the SSAC. The SSAC may, by written notice to the Department and the Contractor, delete or amend the figures contained and described in the Budget attached hereto as Exhibit 1 and incorporated by reference as if fully set forth herein. The Contractor shall provide the Services in accordance with the standards of performance set forth in Section 3.02.
  1. Standard of Performance
 
The Contractor shall perform all Services required of it with that degree of skill, care and diligence normally shown by a contractor performing services of a scope, purpose and magnitude comparable with the nature of the Services to be provided hereunder. The Contractor shall at all times use every reasonable effort on behalf of the City to assure timely and satisfactory rendering and completion of its Services.
 
The Contractor shall at all times act in the best interests of the City consistent with the professional obligations assumed by it in entering into this Agreement. The Contractor shall perform all Services in accordance with the terms and conditions of this Agreement and to the full satisfaction of the SSAC. The Contractor shall furnish efficient business administration and supervision to render and complete the Services at reasonable cost.
 
 
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The Contractor shall assure that all Services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. The Contractor remains responsible for the professional and technical accuracy of all Services provided, whether by the Contractor or its Subcontractors or others on its behalf.
 
If the SSAC determines that the Contractor has failed to comply with the foregoing standards, the Contractor shall perform again, at its own expense, all Services required to be reperformed as a direct or indirect result of such failure. Any review, approval, acceptance or payment for any or all of the Services by the City does not relieve the Contractor of its responsibility for the professional and technical accuracy of its Services. This provision in no way limits the City's rights against Contractor, either under this Agreement, at law or in equity.
 
3.03 Personnel
  1. Key Personnel
 
The Contractor shall, immediately upon receiving a fully executed copy of this Agreement, assign and maintain during the term of this Agreement and any extension thereof an adequate staff of competent personnel, who are fully equipped, licensed as appropriate, available as needed, qualified and assigned to perform the Services. Contractor shall pay the salaries and wages due all its employees performing Services under this Agreement unconditionally and at least once a month without deduction or rebate on any account, except only for such payroll deductions as are mandatory by law or are permitted under applicable law and regulations.
  1. Prevailing Wages
 
If the Contractor engages in Construction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with 820 ILCS 130/0.01 et seq. regarding the payment of the general prevailing rate of hourly wage for all laborers, workers, and mechanics employed by or on behalf of the Contractor and all Subcontractors in connection with any and all Construction work. The prevailing rates of wages applicable at the time of execution of this Agreement are included in Exhibit 5 to this Agreement, which is incorporated by reference as though fully set forth herein.
  1. Illinois Workers, Veterans Preference and Steel Products
 
If the Contractor engages in Construction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with the Employment of Illinois Workers on Public Works Act, 30 ILCS 570/0.01 et seq., the Veterans Preference Act, 330 ILCS 55/0.01 et seq., and the Steel Products Procurement Act, 30 ILCS 30/565/1 et seq.
 
 
 
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3.04 Nondiscrimination
 
(a) Contractor
  1. Federal Requirements
 
Contractor must not engage in unlawful employment practices, such as (1) failing or refusing to hire or discharging any individual, or otherwise discriminating against any individual with respect to compensation or the terms, conditions or privileges of the individual's employment, because of the individual's race, color, religion, sex, age, handicap/disability or national origin; or (2) limiting, segregating or classifying Contractor's employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, age, handicap/disability or national origin.
 
Contractor must comply with, and the procedures Contractor utilizes and the Services Contractor provides under this Agreement must comply with, the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1981), as amended and the Civil Rights Act of 1991, P.L. 102-166. Attention is called to: Exec. Order No. 11246, 30 Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. § 2000e note, as amended by Exec. Order No. 11375, 32 Fed. Reg. 14,303 (1967) and by Exec. Order No. 12086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. §§ 6101-6106 (1981); Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34; Rehabilitation Act of 1973, 29 U.S.C. §§ 793-794 (1981); Americans with Disabilities Act, 42 U.S.C. §12101 et seq.; 41 C.F.R. Part 60 et seq. (1990); and all other applicable federal statutes, regulations and other laws.
  1. State Requirements
 
Contractor must comply with, and the procedures Contractor utilizes and the Services Contractor provides under this Agreement must comply with, the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.(1990). as amended and any rules and regulations promulgated in accordance with it, including the Equal Employment Opportunity Clause, 44 111. Admin. Code § 750 Appendix A. Furthermore, Contractor must comply with the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq.(T990), as amended, and all other applicable state statues, regulations and other laws.
  1. City Requirements
 
Contractor must comply with, and the procedures Contractor utilizes and the Services Contractor provides under this Agreement must comply with, the Chicago Human Rights Ordinance, ch. 2-160, Section 2-160-010 et seq. of the Municipal Code of Chicago (1990), as amended, and all other applicable City ordinances and rules.
 
 
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(b) Subcontractors
 
Contractor must incorporate all of this Section 3.04 by reference in all agreements entered into with any suppliers of materials, furnisher of services, Subcontractors of any tier, and labor organizations that furnish skilled, unskilled and craft union skilled labor, or that may provide any such materials, labor or services in connection with this Agreement. Further, Contractor must furnish and must cause each of its Subcontractors) to furnish such reports and information as requested by the federal, state and local agencies charged with enforcing such laws and regulations, including the Chicago Commission on Human Relations.
  1. Insurance
 
The Contractor shall comply with the insurance provisions attached hereto as Exhibit 3 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonable judgment of the Risk Management Division. If the Contractor enters into a subcontract with a Security Firm such Security Firm shall comply with the insurance provisions attached hereto as Exhibit 4 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonable judgment of the Risk Management Division. If the Contractor subcontracts with a Subcontractor other than a Security Firm, such Subcontractor shall comply with the Contractor insurance provisions attached hereto as Exhibit 3.
 
The Risk Management Division may waive or reduce any of the insurance requirements set forth herein.
  1. Indemnification
  1. On written notice from the City of Losses the City believes are Losses Arising under this Agreement as defined in this Section 3.06, the Contractor shall defend, indemnify, and hold completely harmless the City Indemnitees from and against such Losses, regardless of whether Contractor challenges the City's belief. The defense, indemnification and hold harmless obligations of the Contractor toward City Indemnitees remain an affirmative obligation of Contractor following the City's notice of Losses the City believes are Losses Arising under this Agreement, unless and until a court of competent jurisdiction finally determines otherwise and all opportunities for appeal have been exhausted or have lapsed.
    1. For purposes of this Section 3.06,
 
"City Indemnitees" means, individually and collectively, the City of Chicago, its officials, agents, employees and SSAC members.
 
"Losses" means, individually and collectively, all kinds of liabilities, losses, suits, claims, damages, judgments, fines, and demands, including all reasonable costs for investigation,
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reasonable attorneys' fees, court costs, and experts' fees, arising by reason of injury or death of any person, damage to property, patent or copyright infringement.
 
"Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii) arising out of the enforcement of this Agreement, including the enforcement of this indemnification provision; (iii) arising out of or in connection with Contractor's performance or non-performance of this Agreement (including the acts or omission of Contractor, its officers, agents, employees, consultants, subcontractors, licensees, or invitees), any breach by any of them of any warranty made under this Agreement, or any failure by any of them to meet any applicable standard of performance under this Agreement; or (iv) any combination of any of the foregoing.
  1. To the extent permissible by law, Contractor waives any limits on Contractor's liability that it would otherwise have by virtue of the Worker's Compensation Act or any other related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 111. 2d 155 (1991)). The City, however, does not waive any limitations it may have on its liability under the Worker's Compensation Act or under the Illinois Pension Code.
  2. The City has the right, at its option and at its own expense, to participate in the defense of any suit without relieving Contractor of any of its obligations under this indemnity provision. The requirements set forth in this indemnity provision are separate from and not limited by the amount of insurance Contractor is required to obtain under this Agreement or by its bonds pursuant to other provisions in this Agreement. Further, the indemnitees contained in this provision survive the expiration or termination of this Agreement.
 
3.07 Records and Audits
 
The Contractor shall deliver or cause to be delivered all documents, data, studies, reports, findings or information to the SSAC promptly in accordance with the time limits prescribed herein and if no time limit is specified, then upon reasonable demand therefore, or upon termination or completion of the Services hereunder.
 
The Contractor agrees to adopt at its own expense such financial controls, including, without limitation, the employment of a fiscal agent approved by the Commissioner, as determined by the Commissioner in his sole discretion and communicated in writing to the Contractor after the date of execution of this Agreement, to ensure that the Contractor is fulfilling the terms of this Agreement.
 
The Contractor and any Subcontractors shall furnish the SSAC with semi-annual reports or provide such information as may be requested relative to the performance and cost of the Services. The Contractor shall maintain records showing actual time devoted and costs incurred. The Contractor shall keep books, documents, paper, records and accounts in connection with the Services open to inspection, copying, abstracting, transcription, and an independent audit by City employees or agents or third parties, and shall make these records available to the City and any other interested governmental agency at reasonable times during the performance of its Services.
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In addition, Contractor shall retain them in a safe place and make them available for an independent audit, inspection, copying and abstracting for at least five years after the final payment made in connection with this Agreement.
 
THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES, and to the extent that the Contractor conducts any business operations separate and apart from the Services hereunder using, for example, personnel, equipment, supplies or facilities also used in connection with this Agreement, then the Contractor shall maintain and make similarly available to the City detailed records supporting the Contractor's allocation to this Agreement of the costs and expenses attributable to any such shared usages.
 
The Contractor shall provide an annual audited financial statement (a "Third Party Audit") to the Department and the SSAC within 120 calendar days after the end of the calendar year,- and the system of accounting shall be in accordance with generally accepted accounting principles and practices, consistently applied throughout. Contractor must comply with the requirements in Exhibit 8 with respect to any Third Party Audit. If any Third Party Audit shows that Contractor or any of its Subcontractors has overcharged the City in any period, the City will notify Contractor, and Contractor must then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges. Any failure to comply with the audit requirements set forth in Exhibit 8 of the Agreement shall constitute an event of default under the Agreement. If such event of default is not corrected to the City's satisfaction within the cure period identified by the City, the City may incur costs to conduct any supplementary audit it deems necessary, and Contractor must then promptly reimburse the City for any such costs. No provision in this Agreement granting the City a right of access to records and documents is intended to impair, limit or affect any right of access to such records and documents that the City would have had in the absence of such provisions.
 
The City may in its sole discretion audit the records of Contractor or its Subcontractors, or both, at any time during the term of this Agreement or within five years after the Agreement ends, in connection with the goods, work, or services provided under this Agreement. Each calendar year or partial calendar year is considered an "audited period." If, as a result of such an audit, it is determined that Contractor or any of its Subcontractors has overcharged the City in the audited period, the City will notify Contractor. Contractor must then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges and also some or all of the cost of the audit, as follows:
  1. If the audit has revealed overcharges to the City representing less than 5% of the total value, based on the Agreement prices, of the goods, work, or services provided in the audited period, then the Contractor must reimburse the City for 50% of the cost of the audit and 50% of the cost of each subsequent audit that the City conducts;
  2. If, however, the audit has revealed overcharges to the City representing 5% or more of the total value, based on the Agreement prices, of the goods, work, or services provided
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in the audited period, then Contractor must reimburse the City for the full cost of the audit and of each subsequent audit.
 
If the City is unable to make a determination regarding overcharges to City as a result of Contractor's not having maintained records as required under this Agreement, Contractor must promptly reimburse the City for some or all of the cost of the audit, as determined in the sole discretion of the City. Failure of Contractor to promptly reimburse the City in accordance with this Section 3.07 is an event of default under Section 7.01 of this Agreement, and Contractor will be liable for all of the City's costs of collection, including any court costs and attorneys' fees.
  1. Subcontracts and Assignments
 
The Contractor shall not assign, delegate, subcontract or otherwise transfer all or any part of its rights or obligations under this Agreement or any part hereof, unless otherwise provided for herein or without the express written consent of the SSAC. The absence of such provision or written consent shall void the attempted assignment, delegation or transfer and shall be of no effect as to the Services or this Agreement.
 
All subcontracts, all approvals of Subcontractors and any assignment to which the SSAC consents are, regardless of their form, deemed conditioned upon performance by the Subcontractor or assignee in accordance with the terms and conditions of this Agreement.
 
If the Contractor subcontracts for security services, the Subcontractor shall be a Security Firm certified by the State of Illinois and the Security Firm's employees shall be licensed by the State of Illinois. The Contractor, upon entering into any subcontract with a Security Firm, shall furnish the SSAC and the Department with a copy of the subcontract for their approval. The City | expressly reserves the right to approve all Security Firm subcontracts.
  1. License, Permits and Safety Considerations
  1. Licenses and Permits
 
If the Contractor engages in Construction, it is responsible for and, in a timely manner consistent with its obligations hereunder, shall secure and maintain at its expense such permits, licenses, authorizations and approvals as are necessary for it to engage Construction under this Agreement
  1. Safety Considerations
 
If the Contractor engages in Construction, it shall at all times exercise reasonable care, shall comply with all applicable provisions of federal, state and local laws to prevent accidents or injuries, and shall take all appropriate precautions to avoid damage to and loss of City property and the property of third parties in connection with the Construction. The Contractor shall erect and properly maintain at all times all necessary safeguards, barriers, flags and lights for the protection of its and its Subcontractors' employees, City employees and the public.
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If the Contractor engages in Construction, it shall report to the Department any damage on, about, under or adjacent to City property or the property of third persons resulting from its performance under this Agreement. The Contractor is responsible for any damage to City property and the property of third parties due, in whole or in part, to the Contractor's Construction activities under this Agreement, and the Contractor shall repair such damage to a reasonably acceptable standard.
 
3.10 Performance Bond
 
If the Contractor engages in Construction work where expenditures exceed $100,000, it shall, not later than the date the Contractor begins such work or executes a subcontract for such work, provide or cause to be provided to the Department a performance and payment bond in the amount allocated for the Construction work (but not including the amount allocated for design and preparation of specifications), by a surety or sureties' acceptable to the City. The performance bond shall be in the form and to the effect of Exhibit 6 hereto, which is incorporated by reference as if fully set forth here.
 
If any of the sureties on such bond at any time fail financially, or are deemed to be insufficient security for the penalty of the bond, then the City may, on giving 10 days notice thereof in writing, require the Contractor to furnish a new and additional bond with sureties satisfactory to the City, and, if so required, Contractor must promptly provide such bond.
 
ARTICLE 4 TERM OF SERVICES
 
This Agreement shall take effect as of January 1, 2014 ("Effective Date") and shall continue through December 31, 2014, or until the Agreement is terminated earlier in accordance with its terms.
 
ARTICLE 5 COMPENSATION
 
5.01 Basis of Payment
 
The maximum compensation that the Contractor may be paid under this Agreement between January 1, 2014 and December 31, 2014 is the sum of (a) $175,219 or the total amount of Service Tax Funds actually collected, plus interest earned on those funds, for tax year 2013, whichever is less; (b) the total amount of Surplus Funds in the amount of $6,000 which are being carried over from previous program years and which contractor hereby acknowledges are in its possession; and (c) Late Collections in an amount not to exceed $8,645; the maximum compensation that the Contractor may be paid under this Agreement between January 1, 2014 and December 31, 2014, therefore, shall not exceed $189,864.
 
 
 
 
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5.02 Budget for Services
 
The Contractor in conjunction with the SSAC has prepared a Budget through December 31, 2014, attached hereto as Exhibit 1 and incorporated by reference as if fully set forth here, covering all services described in the Scope of Services. Subject to the restriction that the maximum amount that may be spent in calendar year 2014 may not exceed $189,864, the SSAC reserves the right to transfer funds between line items or make Budget revisions that do not affect the maximum compensation set forth in Section 5.01. The SSAC shall revise the Budget if any part of the Contractor's Services is terminated.
 
5.03 Method of Payment
 
Pursuant to a schedule to be determined by the Commissioner, after the performance of Services pursuant to the terms of this Agreement, Contractor may submit invoices to the City to request reimbursement for such expenses. The Contractor must provide, along with the invoices, such additional documentation as the Commissioner requests to substantiate the Services. Upon the Commissioner's determination that the invoices are accurate, the City will process payment of the invoices.
 
The Contractor shall establish a separate checking account ("Account") in a bank authorized to do business in the State of Illinois that is insured by the Federal Deposit Insurance Corporation. All Service Tax Funds that the Comptroller transfers to the Contractor shall be deposited in the Account and disbursements from the Account shall be pursuant to this Agreement. THE CONTRACTOR IS RESPONSIBLE FOR RECONCILING THE ACCOUNT MONTHLY AND ACCOUNTING FOR ALL SERVICE TAX FUNDS. THE CONTRACTOR MUST REQUIRE ITS AUDITOR TO REPORT ON THE ACTIVITIES THAT ARE SUPPORTED BY THESE FUNDS IN A SEPARATE AUDIT TO ACCOUNT FOR CURRENT AND PRIOR YEARS' SERVICE TAX FUNDS.
 
The Contractor shall provide to the SSAC the signature card and sample check from the bank which shows the signature(s) of the Contractor's authorized representative(s). The SSAC reserves the right to audit the account and require the Contractor to refund any funds that were not spent pursuant to the Budget or that were not approved by the SSAC. The name and address
of the bank is            and the wire transfer
and the Account numbers are
 
All funds remaining in the Account at the expiration or early termination of this Agreement, including any interest earned, belong to the City for the benefit of the Area and shall be returned to the City to be used only for Special Services.
 
5.04 Criteria for Payment
 
The SSAC shall determine the reasonableness, allocability and allowability of any rates, costs and expenses charged or incurred by the Contractor.
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5.05 Funding
 
Payments under this Agreement shall be made from Service Tax Funds in fund number
      and are subject to the availability of funds therein.
 
5.06 Non-Appropriation
 
In the event that no funds or insufficient funds are appropriated and budgeted in any City fiscal period for payments to be made under this Agreement, then the City will notify the Contractor of such occurrence and this Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Agreement are exhausted. No payments shall be made or due to the Contractor under this Agreement beyond those amounts appropriated and budgeted by the City to fund payments hereunder.
 
ARTICLE 6 SPECIAL CONDITIONS
 
6.01 Warranties and Representations
 
In connection with the execution of this Agreement, the Contractor warrants and represents:
  1. That it is financially solvent; that it and each of its employees, agents, and Subcontractors are competent to perform the Services required; that it is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated herein.
  2. That it shall not knowingly use the services of any ineligible Subcontractor for any purpose in the performance of the Services.
  3. That it and its Subcontractors are not in default at the time of the execution of this Agreement, or deemed by the Department to have, within five years immediately preceding the date of this Agreement, been found to be in default on any contract awarded by the City.
  4. That it and, to the best of its knowledge, its Subcontractors are not in violation of the provisions of § 2-92-320 ofthe Municipal Code of Chicago, 720 ILCS 5/33E-1 et seq. ofthe Criminal Code of 1961, and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code.
  5. That it, all Subcontractors and their respective officers, directors, agents, partners, and employees shall cooperate with the Inspector General or Board of Ethics in any investigation or hearing undertaken pursuant to Chapters 2-56 or 2-156 of the Municipal Code of Chicago; that it understands and will abide by all provisions of Chapter 2-56 and 2-156 of the Municipal Code of Chicago and all subcontracts shall inform Subcontractors of such provision and require
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understanding and compliance therewith.
  1. That, except only for those representations, statements or promises expressly contained in this Agreement and any exhibits attached hereto, no representation, statement or promise, oral or written, or of any kind whatsoever, by the City, its officials, agents or employees, has induced the Contractor to enter into this Agreement.
  2. That the Contractor understands and agrees that any certification, affidavit or acknowledgment made under oath in connection with this Agreement is made under penalty of perjury and, if false, is also cause for termination for default.
  3. That neither Contractor nor an Affiliate of Contractor (as defined below) appears on the Specially Designated Nationals List, the Denied Persons List, the unverified List, the Entity List or the Debarred List as maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or by the Bureau of Industry and Security of the U.S. Department of Commerce (or their successors), or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment. "Affiliate of Contractor"means a person or entity that directly (or indirectly through one or more intermediaries) controls, is controlled by or is under common control with Contractor. A person or entity will be deemed to be controlled by another person or entity if it is controlled in any manner whatsoever that results in control in fact by that other person or entity (either acting individually or acting jointly or in concert with others) whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise.
 
I.      Contractor will abide by any policies promulgated by the Department or other City
departments.
 
J. Contractor understands and will abide by, and will cause Subcontractors to abide by, the terms of Chapter 2-55 of the Municipal Code of Chicago pertaining to cooperation with the Office of the Legislative Inspector General. Contractor understands and will abide by the terms of Section 2-154-020 of the Municipal Code of Chicago. Failure by the Contractor or any controlling person (as defined in Section 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibility to do business with the City of Chicago as required by Section 1-23-030 of the Municipal Code of Chicago shall be a default for which no cure is available and grounds for termination of this Agreement.
 
6.02 Economic Disclosure Statement and Affidavit
 
The Contractor has provided the City with an Economic Disclosure Statement (EDS) and Affidavit, "Familial Relationships with Elected City Officials and Department Heads," which is attached hereto as Exhibit 2 and incorporated by reference as if fully set forth herein. Contractor shall apprise the Department promptly of any changes in the information provided in the EDS by completing and submitting a revised EDS.
 
 
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In addition, the Contractor shall provide the City with copies of its latest articles of incorporation, by-laws and resolutions, or partnership or joint venture agreement, as applicable, and evidence of its authority to do business in the State of Illinois, including without limitation, registrations of assumed names or limited partnerships and certifications of good standing with the Office of the Secretary of State of Illinois.
  1. Conflict of Interest
 
Pursuant to Chapter 2-156 ofthe Municipal Code of Chicago, and 65 ILCS 5/3.1-55-10, no member of the governing body of the City or other unit of government, no other officer, employee, SSAC member, or agent of the City or other unit of government who exercises any functions or responsibilities in connection with the Services to which this Agreement or any related subcontract pertain, and no relative of any SSAC member shall have any personal economic or financial interest, directly or indirectly, in this Agreement or any such subcontract except to the extent that such benefits are provided equally to all residents and/or business owners in the Area. Furthermore, no SSAC member, relative of any SSAC member, City official, agent or employee shall be a Subcontractor or have any financial interest in any Subcontractor, employee or shareholder of the Contractor or receive anything of value from the Contractor.
 
No member of or delegate to the Congress of the United States or the Illinois General Assembly and no alderman of the City or City employee shall be admitted to any share or part of this Agreement or to any financial benefit to arise from it. The Contractor acknowledges that any agreement entered into, negotiated or performed in violation of any of the provisions of Chapter 2-156 shall be voidable by the City.
 
The Contractor covenants that it, its officers, directors and employees, and the officers, directors and employees of each of its members if a joint venture, and Subcontractors presently have no financial interest and shall acquire no interest, direct or indirect, in the Services undertaken by the Contractor pursuant to the Agreement that would conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed. The Contractor agrees that if the Commissioner in his reasonable judgment determines that any of the Contractor's services for others conflict with the Services the Contractor is to provide for the City under this Agreement, the Contractor shall terminate such other services immediately upon request of the City.
  1. Non-liability of Public Officials
 
No official, employee or agent of the City shall be charged personally by the Contractor, or by any assignee or Subcontractor of the Contractor, with any liability or expenses of defense or be held personally liable to them under any term or provision hereof, because of the City's execution or attempted execution hereof, or because of any breach hereof.
 
 
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6.05 Independent Contractor
  1. The Contractor shall perform under this Agreement as an independent contractor to the City and not as a representative, employee, agent or partner of the City.
  2. The City is subject to the May 31, 2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and the June 24, 2011 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United State District Court for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibit the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.
  3. Contractor is aware that City policy prohibits City employees from directing any individual to apply for a position with Contractor, either as an employee or as a subcontractor, and from directing Contractor to hire an individual as an employee or as a subcontractor. Accordingly, Contractor must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Contractor under this Agreement are employees or subcontractors of Contractor, not employees of the City of Chicago. This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Contractor.
  4. Contractor will not condition, base, or knowingly prejudice or affect any term or aspect ofthe employment of any personnel provided under this Agreement, or offer employment to any individual to provide services under this Agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Agreement, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.
 
(e)      In the event of any communication to Contractor by a City employee or City
official in violation of paragraph (c) above, or advocating a violation of paragraph (d) above,
Contractor will, as soon as is reasonably practicable, report such communication to the Hiring
Oversight Section of the City's Office of the Inspector General ("IGO Hiring Oversight"), and
also to the head of the Department. Contractor will also cooperate with any inquiries by IGO
Hiring Oversight or the Shakman Monitor's Office related to this Agreement.
 
 
 
 
 
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  1. Business Relationships with Elected Officials
 
Pursuant to Section 2-156-030(b) of the Municipal Code of the City of Chicago, it is illegal for any elected official, or any person acting at the direction of such official, to contact either orally or in writing any other City official or employee with respect to any matter involving any person with whom the elected official has any business relationship that creates a financial interest on the part of the official, or the domestic partner or spouse of the official, or from whom or which he has derived any income or compensation during the preceding twelve months or from whom or which he reasonably expects to derive any income or compensation in the following twelve months. In addition, no elected official may participate in any discussion in any City Council committee hearing or in any City Council meeting or vote on any matter involving the person with whom the elected official has any business relationship that creates a financial interest on the part ofthe official, or the domestic partner or spouse ofthe official, or from whom or which he has derived any income or compensation during the preceding twelve months or from whom or which he reasonably expects to derive any income or compensation in the following twelve months.
 
Violation of Section 2-156-030 by any elected official with respect to this Agreement will be grounds for termination of this Agreement. The term financial interest is defined as set forth in Chapter 2-156 of the Municipal Code of the City of Chicago.
  1. Chicago "Living Wage" Ordinance
 
(a) Section 2-92-610 of the Municipal Code of Chicago provides for a living wage for certain categories of workers employed in the performance of City contracts, specifically non-City employed security guards, parking attendants, day laborers, home and health care workers, cashiers, elevator operators, custodial workers and clerical workers ("Covered Employees"). Accordingly, pursuant to Section 2-92-610 and regulations promulgated under it:
  1. If Contractor has 25 or more full-time employees, and
  2. If at any time during the performance of this Agreement, Contractor and/or any Subcontractor or any other entity that provides any portion of the Services (collectively "Performing Parties") uses 25 or more full-time security guards, or any number of other full-time Covered Employees, then
  3. Contractor must pay its Covered Employees, and must assure that all other Performing Parties pay their Covered Employees, not less than the minimum hourly rate as determined in accordance with this provision (the "Base Wage") for all Services performed under this Agreement.
 
 
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(b)      Contractor's obligation to pay, and to assure payment of, the Base Wage will
begin at any time during the term of this Agreement when the conditions set forth in (a)(i) and
(a)(ii) above are met, and will continue until the end of the term of this Agreement.
  1. As of July 1, 2013, the Base Wage is $11.78, and each July 1 thereafter, the Base Wage will be adjusted, using the most recent federal poverty guidelines for a family of four as published annually by the U.S. Department of Health and Human Services, to constitute the following: the poverty guidelines for a family of four divided by 2000 hours or the current base wage, whichever is higher. At all times during the term of this Agreement, Contractor and all other Performing Parties must pay the Base Wage (as adjusted in accordance with the above). If the payment of prevailing wages is required for Services done under this Agreement, and the prevailing wages for Covered Employees are higher than the Base Wage, then Contractor and all other Performing Parties must pay the prevailing wage rates.
  2. Contractor must include provisions in all subcontracts requiring its Subcontractors to pay the Base Wage to Covered Employees. Contractor agrees to provide the City with documentation acceptable to the Chief Procurement Officer demonstrating that all Covered Employees, whether employed by Contractor or by a Subcontractor, have been paid the Base Wage, upon the City's request for such documentation. The City may independently audit Contractor and/or Subcontractors to verify compliance with this section. Failure to comply with the requirements of this section will be an event of default under this Agreement, and further, failure to comply may result in ineligibility for any award of a City contract or subcontract for up to 3 years.
  3. Not-for-Profit Corporations: If Contractor is a corporation having federal tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and is recognized under Illinois not-for-profit law, then the provisions of Sections (a) through (d) above do not apply.
  1. Deemed Inclusion
 
Provisions required by law, ordinances, rules, regulations or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or, upon application by either party, this Agreement will be amended to make the insertion; however, in no event will the failure to insert the provisions before or after this Agreement is signed prevent its enforcement.
  1. Environmental Warranties and Representations
 
In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, Contractor warrants and represents that it, and to the best of its knowledge, its subcontractors have not violated and are not in violation of the following sections of the Code (collectively, the Waste Sections):
 
7-28-390 Dumping on public way;
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7-28-440 Dumping on real estate without permit;
11-4-1410 Disposal in waters prohibited;
11-4-1420 Ballast tank, bilge tank or other discharge;
11-4-1450 Gas manufacturing residue;
11-4-1500 Treatment and disposal of solid or liquid waste;
11-4-1530 Compliance with rules and regulations required;
11-4-1550 Operational requirements; and
11-4-1560 Screening requirements.
 
During the period while this Agreement is executory, Contractor's or any subcontractor's violation of the Waste Sections, whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation of the Commissioner. Such breach and default entitles the City to all remedies under the Agreement, at law or in equity.
 
This section does not limit Contractor's and its subcontractors' duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Agreement.
 
Non-compliance with these terms and conditions may be used by the City as grounds for the termination of this Agreement, and may further affect Contractor's eligibility for future contract awards.
  1. EDS / Certification Regarding Suspension and Debarment
 
Contractor certifies, as further evidenced in the EDS attached as Exhibit 2, by its acceptance of this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. Contractor further agrees by executing this Agreement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. If Contractor or any lower tier participant is unable to certify to this statement,.it must attach an explanation to the Agreement.
  1. Ethics
  1. In addition to other warranties and representations, Contractor warrants that no payment, gratuity or offer of employment will be made in connection with this Agreement by or on behalf of any Subcontractors to Contractor or higher tier subcontractors or anyone associated with them, as an inducement for the award of a subcontract or order.
  2. Contractor further acknowledges that any Agreement entered into, negotiated or performed in violation of any of the provisions of Chapter 2-156 is voidable as to the City.
 
6.12   MacBride Ordinance
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The City of Chicago through the passage of the MacBride Principles Ordinance seeks to promote fair and equal employment opportunities and labor practices for religious minorities in Northern Ireland and provide a better working environment for all citizens in Northern Ireland.
 
In accordance with Section 2-92-580 of the Municipal Code of the City of Chicago, if Contractor conducts any business operations in Northern Ireland, the Contractor must make all reasonable and good faith efforts to conduct any business operations in Northern Ireland in accordance with the MacBride Principles for Northern Ireland as defined in Illinois Public Act 85-1390 (1988 111. Laws 3220).
 
The provisions of this Section 6.12 do not apply to contracts for which the City receives funds administered by the United States Department of Transportation, except to the extent Congress has directed that the Department of Transportation not withhold funds from states and localities that choose to implement selective purchasing policies based on agreement to comply with the MacBride Principles for Northern Ireland, or to the extent that such funds are not otherwise withheld by the Department of Transportation.
 
6.13    Duty to Report Corrupt or Unlawful Activity
 
It is the duty of the Contractor to report to the Inspector General, directly and without undue delay, any and all information concerning conduct which it knows or should reasonably know to involve corrupt or other unlawful activity by its employees or the employees of any of its subcontractors, in connection with the performance of city work, or by any person dealing with the city which concerns the person's dealings with the city. Knowing failure to make such a report will be an event of default under this Agreement.
 
 
ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT TO OFFSET, SUSPENSION
 
7.01 Events of Default Defined
 
The following constitute events of default:
  1. Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City.
  2. Contractor's material failure to perform any of its obligations under the Agreement including, but not limited to, the following:
 
(1) failure to commence or ensure timely completion of the Services due to, a
 
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reason or circumstance within Contractor's reasonable control;
  1. failure to perform the Services in a manner satisfactory to the City;
  2. failure to promptly re-perform within a reasonable time Services that were rejected as erroneous or unsatisfactory;
  3. discontinuance of the Services for reasons within the Contractor's reasonable control;
  4. failure to comply with a material term of this Agreement, including but not limited to the provisions concerning insurance and nondiscrimination; and
    1. any other acts specifically and expressly stated in this Agreement as constituting an event of default.
 
C. The Contractor's default under any other agreement it may presently have or may enter into with the City during the life of this Agreement. The Contractor acknowledges and agrees that in the event of a default under this Agreement the City may also declare a default under any such other agreements.
 
7.02 Remedies
 
The occurrence of any event of default which the Contractor fails to cure within 14 calendar days after receipt of notice specifying such default or which, if such event of default cannot reasonably be cured within 14 calendar days after notice, the Contractor fails, in the sole opinion ofthe Commissioner, to commence and continue diligent efforts to cure, permits the City to declare the Contractor in default. Whether to declare the Contractor in default is within the sole discretion of the Commissioner. Written notification of the default, and any intention of the City to terminate the Agreement, shall be provided to Contractor and such decision is final and effective upon Contractor's receipt of such notice. Upon receipt of such notice, the Contractor must discontinue any services, unless otherwise directed in the notice, and deliver all materials accumulated in the performance of this Agreement, whether completed or in the process of completion, to the City. At such time the City may invoke any legal or equitable remedy available to it including, but not limited to, the following:
  1. The right to take over and complete the Services or any part thereof as agent for and at the cost of the Contractor, either directly or through others. The Contractor shall have, in such event, the right to offset from such cost the amount it would have cost the City under the terms and conditions herein had the Contractor completed the Services.
  2. The right to terminate this Agreement as to any or all of the Services yet to be performed, effective at a time specified by the City.
 
 
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C.      The right of specific performance, an injunction or any other appropriate equitable remedy.
  1. The right to money damages.
  2. The right to withhold all or any part of Contractor's compensation hereunder.
  3. The right to deem Contractor non-responsible in future contracts to be awarded by the City.
 
If the City considers it to be in its best interest, it may elect not to declare default or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit of the City and that if the City permits the Contractor to continue to provide the Services despite one or more events of default, the Contractor is in no way relieved of any of its responsibilities, duties or obligations under this Agreement nor does the City waive or relinquish any of its rights. No delay or omission to exercise any right accruing upon any event of default impairs any such right nor shall it be construed as a waiver of any event of default or acquiescence therein, and every such right may be exercised from time to time and as often as may be deemed expedient.
  1. Right to Offset
 
The City reserves its rights under § 2-92-380 of the Municipal Code of Chicago and the Commissioner shall consult with the SSAC before exercising such rights.
  1. Suspension
 
The City may at any time request that the Contractor suspend its Services, or any part thereof, by giving 15 days prior written notice to the Contractor or upon no notice in the event of emergency. No costs incurred after the effective date of such suspension shall be allowed. The Contractor shall promptly resume its performance upon written notice by the Department. The Budget may be revised pursuant to Section 5.02 to account for any additional costs or expenses actually incurred by the Contractor as a result of recommencing the Services.
  1. No Damages for Delay
 
The Contractor agrees that it, its members, if a partnership or joint venture and its Subcontractors shall make no claims against the City for damages, charges, additional costs or hourly fees for costs incurred by reason of delays or hindrances by the City in the performance of its obligations under this Agreement.
  1. Early Termination
 
In addition to termination for default, the City may, at any time, elect to terminate this Agreement or any portion of the Services to be performed under it at the sole discretion of the
21
 
 
Commissioner by a written notice to the Contractor. If the City elects to terminate the Agreement in full, all Services shall cease and all materials accumulated in performing this Agreement, whether completed or in the process of completion, shall be delivered to the Department within 10 days after receipt ofthe notice or by the date stated in the notice.
 
During the final ten days or other time period stated in the notice, the Contractor shall restrict its activities, and those of its Subcontractors, to winding down any reports, analyses, or other activities previously begun. No costs incurred after the effective date of the termination are allowed. Payment for any Services actually and satisfactorily performed before the effective date of the termination shall be on the same basis as set forth in Article 5 hereof, but if any compensation is described or provided for on the basis of a period longer than ten days, then the compensation shall be prorated accordingly.
 
If a court of competent jurisdiction determines that the City's election to terminate this Agreement for default has been wrongful, then such termination shall be deemed to be an early termination.
 
ARTICLE 8 GENERAL CONDITIONS
  1. Entire Agreement
 
This Agreement, and the exhibits attached hereto and incorporated hereby, shall constitute the entire agreement between the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein.
  1. Counterparts
 
This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect.
  1. Amendments
 
No changes, amendments, modifications or discharge of this Agreement, or any part thereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and the Commissioner, or their successors and assigns. The City shall incur no liability for revised services without a written amendment to this Agreement pursuant to this Section.
  1. Compliance with AH Laws
 
The Contractor shall at all times observe and comply with all applicable laws, ordinances, rules, regulations and executive orders of the federal, state and local government, now existing or hereinafter in effect, which may in any manner affect the performance of this Agreement.
 
 
22
 
  1. Compliance with ADA and Other Accessibility Laws
 
If this Agreement involves services to the public, the Contractor warrants that all Services provided hereunder shall comply with all accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to the following: Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Rehabilitation Act of 1973,29 U.S.C. §§ 793-94. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility.
 
If this Agreement involves design for construction and/or Construction, the Contractor warrants that all design documents produced and/or used under this Agreement shall comply with all federal, state and local laws and regulations regarding accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to, the following: Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; the Architectural Barriers Act, P.L. 90-480 and the Uniform Federal Accessibility Standards; and the Environmental Barriers Act, 410 ILCS 25/1 et seq., and the regulations promulgated thereto at 111. Admin. Code tit. 71, ch. 1, § 400.110. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility. If the Contractor fails to comply with the foregoing standards, it shall perform again at no expense all services required to be reperformed as a direct or indirect result of such failure.
  1. Assigns
All of the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns.
  1. Cooperation
 
The Contractor agrees at all times to cooperate fully with the City and to act in the City's best interests. Upon the termination or expiration of this Agreement, the Contractor shall make every effort to assure an orderly transition to another provider of the Services, if any, orderly demobilization of its operations in connection with the Services, uninterrupted provision of Services during any transition period and shall otherwise comply with reasonable requests of the Department in connection with this Agreement's termination or expiration.
  1. Severability
 
If any provision of this Agreement is held or deemed to be or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision hereof or of any constitution, statute, ordinance, rule of law or public policy, or for any other reason, such circumstances shall not have the effect of rendering such provision inoperative or unenforceable in any other case or circumstances, or of rendering any other provision herein invalid, inoperative, or unenforceable to any extent. The invalidity of
23
 
 
any one or more phrases, sentences, clauses or sections herein shall not affect the remaining portions of this Agreement or any part thereof.
  1. Interpretation
 
All headings in this Agreement are for convenience of reference only and do not define or limit the provisions thereof. Words of gender are deemed to include correlative words of the other gender. Words importing the singular number include the plural number and vice versa, unless the context otherwise indicates. All references to exhibits or documents are deemed to include all supplements and/or amendments to such exhibits or documents if entered into in accordance with the terms and conditions hereof and thereof. All references to persons or entities are deemed to include any persons or entities succeeding to the rights, duties, and obligations of such persons or entities in accordance with the terms and conditions herein.
  1. Miscellaneous Provisions
 
Whenever under this Agreement the City by a proper authority waives the Contractor's performance in any respect or waives a requirement or condition to the Contractor's performance, the waiver, whether express or implied, applies only to that particular instance and is not a waiver forever or for subsequent instances of the performance, requirement or condition. No waiver shall be construed as a modification of the Agreement regardless of the number of times the City may have waived the performance, requirement or condition.
  1. Disputes
 
Except as otherwise provided in this Agreement, Contractor must and the City may bring any dispute arising under this Agreement which is not resolved by the parties to the Chief Procurement Officer for decision based upon the written submissions of the parties. (A copy of the "Regulations of the Department of Procurement Services for Resolution of Disputes between Contractors and the City of Chicago" is available in City Hall, 121 N. LaSalle Street, Room 301, Bid and Bond Room, Chicago, Illinois 60602.) The Chief Procurement Officer will issue a written decision and send it to the Contractor and the SSAC by mail. The decision of the Chief Procurement Officer is final and binding. The sole and exclusive remedy to challenge the decision of the Chief Procurement Officer is judicial review by means of a common law writ of certiorari.
 
8.12      Contractor Affidavit
 
The Contractor must provide to the City, no later than thirty days after the end of each year May 1st of each year, a fully executed and notarized Affidavit certifying the expenditures and Services provided for the prior year. The Contractor must also provide to the City, no later than June 1st of each year, a Full-Year Assessment. The forms of this Affidavit and Full-Year Assessment are attached as Exhibit 7 and incorporated by reference.
 
 
24
 
 
8.13   Prohibition on Certain Contributions
 
Contractor agrees that Contractor, any person or entity who directly or indirectly has an ownership or beneficial interest in Contractor of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Contractor's subcontractors, any person or entity who directly or indirectly has an ownership or beneficial interest in any subcontractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Contractor and all the other preceding classes of persons and entities are together, the ("Identified Parties")), shall not make a contribution of any amount to the Mayor of the City of Chicago ("Mayor") or to his political fundraising committee during (i) the bid, or other solicitation process for this Contract or other Contract, including while this Contract or Other Contract is executory, (ii) the term of this Contract or any Other Contract between City and Contractor, and/or (iii) any period in which an extension of this Contract or any Other Contract with the City is being sought or negotiated.
 
Contractor represents and warrants that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached Contractor or the date Contractor approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.
 
Contractor agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee.
 
Contractor agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 11 -4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 11-4.
 
Contractor agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 11 -4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.
 
If Contractor violates this provision or Mayoral Executive Order No. 11-4 prior to award of the Agreement resulting from this specification, the Commissioner may reject Contractor's bid.
 
 
25
 
 
For purposes of this provision:
 
"Other Contract" means any other agreement with the City of Chicago to which Contractor is a party that is (i) formed under the authority of chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the city council.
 
"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
 
"Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal code of Chicago, as amended."
 
8.14      Firms Owned or Operated by Individuals with Disabilities
 
The City encourages Contractors to use Subcontractors that are firms owned or operated by individuals with disabilities, as defined by Section 2-92-586 of the Municipal Code of the City of Chicago, where not otherwise prohibited by federal or state law.
 
8.15      Governing Law and Jurisdiction
 
This Agreement is governed as to performance and interpretation in accordance with the laws of the State of Illinois.
 
ARTICLE 9 NOTICES
 
Notices provided for herein shall be in writing and may be delivered personally or by United States mail, first class, certified, return receipt requested, with postage prepaid and addressed as follows:
 
If to the City:      Special Service Area #20 Commission
10827 S. Western Ave. Chicago, Illinois 60643
 
Department of Housing and Economic Development City Hall, Room 1000 121 North LaSalle Street Chicago, Illinois 60602 Attention: Commissioner
 
With Copies to:      Department of Law
Room 600, City Hall 121 North LaSalle Street
26
 
 
Chicago, Illinois 60602 Attention: Corporation Counsel
 
If to Contractor:      Morgan Park Beverly Hills Business Association
10827 S. Western Ave. Chicago, Illinois 60643 Attention: Megan Kennedy
 
Changes in the above-referenced addresses must be in writing and delivered in accordance with the provisions of this Section. Notices delivered by mail shall be deemed received 3 days after mailing in accordance with this Section. Notices delivered personally shall be deemed effective upon receipt.
 
ARTICLE 10 CITY ACTION
 
In the event that there is no duly constituted SSAC during the term of this Agreement, the City will retain all of the rights and obligations afforded to the SSAC hereunder.
 
ARTICLE 11 MULTI-PROJECT LABOR AGREEMENT
 
The City has entered into the Multi-Project Labor Agreement ("PLA") with various trades regarding projects as described in the PLA, a copy of which, without appendices, is attached hereto as Exhibit 9. A copy of the PLA, with appendices, may also be found on the City's website at http://www.cityofchicago.org/PLA. Contractor acknowledges familiarity with the requirements ofthe PLA and its applicability to any Services under this Agreement, and shall comply in all respects with any applicable provisions ofthe PLA.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
27
 
 
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date first set forth above, at Chicago, Illinois.
 
Recommended by:
 
SSAC Chairperson
CITY OF CHICAGO
By:      
Commissioner, Department of
Housing and Economic Development
as of      , 20      
 
 
 
 
CONTRACTOR
By:      
Its:      
Attested By :      
 
 
 
 
 
 
State of County of
 
This instrument was acknowledged before me on      (date) by
(name/s of person/s) as      (type of authority, e.g., officer, trustee, etc.) of
(name of party on behalf of whom instrument was executed).
 
(Signature of Notary Public)
 
 
 
 
 
 
 
 
 
 
28
 
 
EXHIBIT 1 Scope of Services & Budget
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
29
 
SCHEDULE A: 2014 SSA BUDGET & SERVICES SUMMARY
Western Aye S$A #20    ' '        0f;ctl,ca9°. Department of Housing and Economic Deyelopment
Service Provider Agency: Morgan Park Beverly Hills Business Association ^January 1,2014 to December 31, 2014
2014 BUDGET SUMMARY
CATEGORY
LEVY ANALYSIS
Budget Period:
1
Estimated 2012 EAV:
"f ' ,,S43;'p52i0*56
2
Authorized l ax Rate Cap:
i i5oo6%
V'-. ."^'it':^
3
.   :   ,        Estimated 2013 Levy:
S175.222
4
Estimated Tax Rate to Generate 2013 Levy (EAV x Est. 2013 Levy - Es,t. Tax Rate)
: 0.407%
2014 SSA SERVICES SUMMARY
2".M Public Way'lvlaimeiiance''.,
3.00 Public Vyay;Agsthetics.; '; *PQ Tenai)ttRetent'i6iVAtt"ra
 
2014 BUDGET & SERVICES SIGNATURE PAGE
Western Ave SSA #20-      ; 7
 
2014
Budget* Services Penod:       January 1.2014 to December 31
 
The 2014 Budget & Services were approved by the SSA Commission
 
Date
Date.
 
EXHIBIT 2
 
Economic Disclosure Statement and Affidavit
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT and AFFIDAVIT Related to Contract/Amendment/Solicitation EDS #49937
 
SECTION I - GENERAL INFORMATION
  1. Legal name of the Disclosing Party submitting the EDS: Morgan Park Beverly Hills Business Association Enter d/b/a if applicable:
The Disclosing Party submitting this EDS is:
the Applicant
  1. Business address ofthe Disclosing Party:
10827 S Western Chicago,   IL 60643 United States
  1. Telephone:
773-779-2530
Fax:
773-779-0436
Email:
mpbhbaOaol.com
  1. Name of contact person: Megan Kennedy
  2. Federal Employer Identification No. (if you have one):
 
 
 
 
 
 
-1 -
 
F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains:
 
To allow Morgan Park Beverly Hills Business Association to enter a Service Provider Agreement with the City of Chicago in order to provide special services within SSA #20.
Which City agency or department is requesting this EDS?
DEPT OF HOUSING AND ECONOMIC DEVELOPMENT
Specification Number
Contract (PO) Number
Revision Number
Release Number
User Department Project Number
 
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
  1. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
Not-for-profit corporation
Is the Disclosing Party also a 501(c)(3) organization?
NO
Is the Disclosing Party incorporated or organized in the State of Illinois?
Yes
  1. DISCLOSING PARTY IS A LEGAL ENTITY:
1 .a.1 Does the Disclosing Party have any directors?
Yes
 
 
 
-2-
 
 
1.a.3 List below the full names and titles of all executive officers and all directors, if any, of the entity. Do not include any directors who have no power to select the entity's officers.
 
Officer/Director:
Title:
Role:
Mr. Thomas Gibbons
President
Both
 
Officer/Director: Title: Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Ms. Marcia Walsh Board Member Director
Mr. Thomas Baffes Board Member Director
Mrs. Megan Kennedy Executive Director Both
 
Officer/Director:
Title:
Role:
Mr. George Herzog
Treasurer
Both
 
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Ms. Julie Harrigan Mayer
VP
Both
Mrs. Megan Parrilli
Secretary
Both
Mr. Steve English Board Member Officer
 
Officer/Director:
Title:
Role:
Mr. Joe Esselman Board Member Officer
 
Officer/Director: Title:
Mrs. Kathy Broderick Board Member
 
 
Role:
Officer
 
 
1.a.5 Are there any members ofthe non-for-profit Disclosing Party which are legal entities?
 
No
 
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
 
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
 
No
 
SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
 
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
  1. Has the Disclosing Party retained any legal entities in connection with the Matter?
 
Yes
  1. List below the names of all legal entities which are retained parties.
Name:      Desmond and Ahem
 
 
 
 
-4-
 
 
 
Anticipated/ Retained:
Business Address:
 
Relationship: Fees
($$ or %): Estimated/Paid:
Name:
Anticipated/ Retained:
Business Address:
 
Relationship: Fees
($$ or %): Estimated/Paid:
Name:
Anticipated/ Retained:
Business Address:
 
Relationship: Fees
($$ or %): Estimated/Paid:
Retained
 
10827 S. Western Ave.
Chicago,  IL 60643 United States
Accountant
$5,000
 
Estimated
Beverly Environmental Retained
 
16504 S. Dixie Highway Markham,  IL 60428 United States
Supplier
60,000
 
Estimated
Beverly Snow and Ice Retained
 
16504 Dixie Highway
Markham,  IL 60428 United States
Other
3000
 
Estimated
 
Name:
Anticipated/ Retained:
Business Address:
 
Relationship: Fees
($$ or %): Estimated/Paid:
Name:
Computer Bay Anticipated
 
10407 S. Western Ave
Chicago,   IL 60643 United States
Accountant
2000
 
Estimated
McFarlane Douglass
 
 
 
 
-5-
 
 
Anticipated
Anticipated/ Retained:
 
Business Address:
 
Relationship: Fees
($$ or %): Estimated/Paid:
143 Tower Drive
Burr Ridge, IL 60527 United States Supplier
30,000
 
Estimated
 
 
3. Has the Disclosing Party retained any persons in connection with the Matter?
 
No
 
SECTION V - CERTIFICATIONS
  1. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage of any child support obligations by any Illinois court of competent jurisdiction?
Not applicable because no person directly or indirectly owns 10% or more of the Disclosing Party
  1. FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23. Article I ("Article l")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows:
  1. neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and
  2. the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City.
 
 
 
 
 
-6-
 
 
NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
 
I certify the above to be true
  1. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.1. of this EDS:
  1. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
  2. have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
  3. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
  4. have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
  5. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
I certify the above to be true
  1. Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
  1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
  2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement
 
 
-7-
 
 
or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
  1. made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
  2. violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
 
I certify the above to be true
  1. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of
  • bid-rigging in violation of 720 ILCS 5/33E-3:
  • bid-rotating in violation of 720 ILCS 5/33E-4: or
  • 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.
I certify the above to be true
  1. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
I certify the above to be true
  1. The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General). Chapter 2-56 (Inspector General) and Chapter 2-156 (Governmental Ethics) of the Municipal Code.
I certify the above to be true
  1. 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 Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago.
 
None
  1. 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
 
 
 
-8-
 
 
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 $20 per recipient.
 
None
  1. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
 
The Disclosing Party certifies that, as defined in Section 2-32-455(b) of the Municipal Code, the Disclosing Party
is not a "financial institution"
  1. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.
1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
 
No
  1. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
If the Disclosing Party cannot make this verification, the Disclosing Party must disclose all required information in the space provided below or in an attachment in the "Additional Info" tab. Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
The Disclosing Party verifies that the Disclosing Party has searched any and all records ofthe 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.
I can make the above verification
 
 
 
 
 
 
 
 
-9-
 
 
SECTION VI - CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS
 
Is the Matter federally funded? For the purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
 
No
 
SECTION VII   ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
 
The Disclosing Party understands and agrees that:
  1. The certifications, disclosures, and acknowledgments contained in this EDS willbecome part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
  2. The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. A training program is available on line at www.cityofchicago.org/city/en/depts/ethics.html. 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 the applicable ordinances.
I acknowledge and consent to the above The Disclosing Party understands and agrees that:
  1. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
  2. It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS
 
 
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and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E.      The information provided in this EDS must be kept current. In the event of
changes, the Disclosing Party must supplement this EDS up to the time the
City takes action on the Matter. If the Matter is a contract being handled by the
City's Department of Procurement Services, the Disclosing Party must update
this EDS as the contract requires. NOTE: With respect to Matters subject
to Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
I acknowledge and consent to the above The Disclosing Party represents and warrants that:
F.      1. The Disclosing Party is not delinquent in the payment of any tax administered
by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated
Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This
includes, but is not limited to, all water charges, sewer charges, license fees, parking
tickets, property taxes or sales taxes.
I certify the above to be true
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U.S. General Services Administration;
 
I certify the above to be true
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.1. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
 
I certify the above to be true
 
 
 
 
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FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
 
This question is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015. the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all corporate officers ofthe Disclosing Party, if the Disclosing Party is a corporation; all partners ofthe 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 ofthe Disclosing Party, ifthe 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 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
 
No
 
ADDITIONAL INFO
 
Please add any additional explanatory information here. If explanation is longer than 1000 characters, you may add an attachment below. Please note that your EDS, including all attachments, becomes available for public viewing upon contract award. Your attachments will be viewable "as is" without manual redaction by the City. You are responsible for redacting any non-public information from your documents before uploading.
 
 
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List of vendor attachments uploaded by City staff None.
List of attachments uploaded by vendor None.
 
CERTIFICATION
 
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS are true, accurate and complete as of the date furnished to the City.
Isl 11/25/2013 Megan Kennedy Executive Director
Morgan Park Beverly Hills Business Association
This is a printed copy of the Economic Disclosure Statement, the original of which is filed electronically with the City of Chicago. Any alterations must be made electronically, alterations on this printed copy are void and of no effect.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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CERTIFICATE OF FILING FOR CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT
 
EDS Number: 49937
Certificate Printed on: 11/25/2013
Date of This Filing: 11/25/2013 02:41 PM Original Filing Date: 11/25/2013 02:41 PM
 
Disclosing Party: Morgan Park Beverly Hills    Title:Executive Director Business Association Filed by: Megan Kennedy
Matter: To allow Morgan Park Beverly Hills Business Association to enter a Service Provider Agreement with the City of Chicago in order to provide special services within SSA
#20.
Applicant: Morgan Park Beverly Hills Business Association Specification #: Contract #:
The Economic Disclosure Statement referenced above has been electronically filed with the City. Please provide a copy of this Certificate of Filing to your city contact with other required documents pertaining to the Matter. For additional guidance as to when to provide this Certificate and other required documents, please follow instructions provided to you about the Matter or consult with your City contact.
A copy of the EDS may be viewed and printed by visiting
https://webappsl.cityofchicago.org/EDSWeb and entering the EDS number into the EDS Search. Prior to contract award, the filing is accessible online only to the disclosing party and the City, but is still subject to the Illinois Freedom of Information Act. The filing is visible online to the public after contract award.
 
EXHIBIT 3
 
CONTRACTOR INSURANCE PROVISIONS
 
INSURANCE REQUIREMENTS Special Services Area
 
Contractor must provide and maintain at Contractor's own expense, during the term of the Agreement and time period following expiration if Contractor is required to return and perform any of the Services or Additional Services under this Agreement, the insurance coverage and requirements specified below, insuring all operations related to the Agreement.
 
INSURANCE TO BE PROVIDED
 
Workers Compensation and Employers Liability
 
Workers Compensation Insurance, as prescribed by applicable law, covering all employees who are to provide a service under this Agreement and Employers Liability coverage with limits of not less than $100.000 each accident, illness or disease.
 
Commercial General Liability (Primary and Umbrella)
 
Commercial General Liability Insurance or equivalent with limits of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage liability. Coverages must include the following: All premises and operations, products/completed operations, separation of insureds, defense and contractual liability (not to include Endorsement CG 21 39 or equivalent). The City of Chicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work or Services.
 
Automobile Liability (Primary and Umbrella)
 
When any motor vehicles (owned, non-owned and hired) are used in connection with Services to be performed, Contractor must provide Automobile Liability Insurance with limits of not less than $500,000 per occurrence for bodily injury and property damage. The City of Chicago is to be named as an additional insured on a primary, non-contributory basis.
 
Professional Liability
 
 
When any professional consultants (e.g.; CPA's, Attorney, Architects, Engineers) perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $500,000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.
 
5) Crime
 
The Contractor is responsible for all persons handling funds under this Agreement, against loss by dishonesty, robbery, burglary, theft, destruction or disappearance, computer fraud, credit card forgery and other related crime risks.
  1. SECURITY FIRMS
 
If the Contractor enters into a subcontract with a Security Firm, such Security Finn must be certified by State of Illinois, and the Security Firm's employees must be registered and certified by the State. Contractor must ensure and require any Security Firm subcontractor to comply with the Risk Management Division approved Security Firm Insurance Provision set forth in Exhibit 4 of this Agreement, attached hereto and incorporated by references as though fully set forth herein.
  1. ADDITIONAL REQUIREMENTS
 
Contractor must furnish the City of Chicago, Department of Housing and Economic Development (HED), City Hall, Room 1006, 121 North LaSalle Street 60602, original Certificates of Insurance, or such similar evidence, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. Contractor must submit evidence of insurance on the City of Chicago Insurance Certificate Form (copy attached as Exhibit-) or equivalent prior to execution of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the City to obtain certificates or other insurance evidence from Contractor is not a waiver by the City of any requirements for the Contractor to obtain and maintain the specified coverages. Contractor must advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance does not relieve Contractor ofthe obligation to provide insurance as specified in this Agreement. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to suspend this Agreement until proper evidence of insurance is provided, or the Agreement may be terminated.
 
 
The Contractor must provide for 60 days prior written notice to be given to the City in the event coverage is substantially changed, canceled or non-renewed.
 
Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Contractor.
Contractor hereby waives and agrees to require their insurers to waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents or representatives.
 
The coverages and limits furnished by Contractor in no way limit the Contractor's liabilities and responsibilities specified within the Agreement or by law.
 
Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by Contractor under this Agreement.
 
The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a niatter of law.
 
If Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
 
Contractor must require all Subcontractors to provide the insurance required in this Agreement, or Contractor may provide the coverages for Subcontractors. All Subcontractors are subject to the same insurance requirements of Contractor unless otherwise specified in this Agreement.
 
If Contractor or Subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost.
 
Notwithstanding any provision in the Contract to the contrary, the City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these requirements.
 
EXHIBIT 4
SECURITY FIRM INSURANCE PROVISIONS
CONTRACT INSURANCE REQUIREMENTS
The Security Firm must provide and maintain at Security Finn's own expense, until Contract completion and during the time period following expiration if Security Firm is required to return and perform any additional work, the insurance coverages and requirements specified below, insuring all operations related to the Contract.
 
A.      INSURANCE TO BE PROVIDED
  1. Workers Compensation and Employers Liability
 
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide work under this Contract and Employers Liability coverage with limits of not less than $500,000 each accident, illness or disease.
  1. Commercial General Liability (Primary and Umbrella)
 
Commercial General Liability Insurance or equivalent with limits of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages must include the following: All premises and operations, products/completed operations, separation of insureds, defense, and contractual liability (not to include Endorsement CG 21 39 or equivalent but coverage must include Endorsement CG 22 74). The SSAC, City of Chicago and Contractor are to be named as an additional insureds on a primary, non-contributory basis for any liability arising directly or indirectly from the work.
  1. Automobile Liability (Primary and Umbrella)
 
When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Security Firm must provide Automobile Liability Insurance with limits of not less than $ 1,000,000 per occurrence for bodily injury and property damage. The SSAC, City of Chicago and Contractor are to be named as an additional insureds on a primary, non-contributory basis.
  1. Professional Liability
 
Professional Liability Insurance covering acts, errors, or omissions must be maintained by the Security Firm with limits of not less than $1,000,000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended
 
 
reporting period of two (2) years. B.      ADDITIONAL REQUIREMENTS
The Security Firm must furnish the Contractor and City of Chicago, Department of Housing and Economic Development (HED), City Hall, Room 1006, 121 North LaSalle Street 60602, original Certificates of Insurance, or such similar evidence, to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Contract. The receipt of any certificate does not constitute agreement by the Contractor that the insurance requirements in the Contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all Contract requirements. The failure of the Contractor to obtain certificates or other insurance evidence from Security Firm is not a waiver by the Contractor of any requirements for the Security Firm to obtain and maintain the specified coverages. The Security Firm shall advise all insurers of the Contract provisions regarding insurance. Non-conforming insurance does not relieve Security Firm of the obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Contract, and the Contractor retains the right to stop work until proper evidence of insurance is provided, or the Contract may be terminated.
 
The Security Firm must provide for 60 days prior written notice to be given to the Contractor in the event coverage is substantially changed, canceled, or non-renewed.
Any deductibles or self insured retentions on referenced insurance coverages must be borne by Security Firm.
 
The Security Firm hereby waives and agrees to require their insurers to waive their rights of subrogation against the Contractor and the City of Chicago, its employees, elected officials, agents, or representatives.
 
The coverages and limits furnished by Security Firm in no way limit the Security Firm's liabilities and responsibilities specified within the Contract or by law.
 
Any insurance or self insurance programs maintained by the Contractor do not contribute with insurance provided by the Security Firm under the Contract.
 
The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law.
 
If Security Firm is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
 
The Security Firm must require all subcontractors to provide the insurance required herein, or Security Firm may provide the coverages for subcontractors. All subcontractors are subject to
 
 
the same insurance requirements of Security Firm unless otherwise specified in this Contract.
 
If Security Firm or subcontractor desires additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost.
Notwithstanding any provision in the Contract to the contrary, the City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these requirements.
 
EXHIBIT 5 Prevailing Wages
 
Cook County Prevailing Wage for November 2013
 
 
 
 
Cook County Prevailing Wage for November 2013
 
(See explanation or column headings at bottom or wages)
 
Trade Name      RG TYP C Base     FRMAN M-F>8   OSA OSH H/W     Pensn   Vac Trng
 
ASBESTOS ABT-GEN      ALL
ASBESTOS ABT-MEC      BLD
BOILERMAKER      BLD
BRICK MASON      BLD
CARPENTER      ALL
CEMENT MASON      ALL
CERAMIC TILE FNSHER      BLD
COMM.  ELECT.      BLD
ELECTRIC PWR EQMT OP      ALL
ELECTRIC PWR GRNDMAN      ALL
ELECTRIC PWR LINEMAN      ALL
ELECTRICIAN      ALL
ELEVATOR CONSTRUCTOR      BLD
FENCE ERECTOR      ALL
GLAZIER      BLD
HT/FROST INSULATOR      BLD
IRON WORKER      ALL
LABORER      ALL
LATHER      ALL
MACHINIST      BLD
MARBLE FINISHERS      ALL
MARBLE MASON      BLD
MATERIAL TESTER I      ALL
MATERIALS TESTER II      ALL
MILLWRIGHT      ALL
OPERATING ENGINEER      BLD
OPERATING ENGINEER      BLD
OPERATING ENGINEER      BLD
OPERATING ENGINEER      BLD
OPERATING ENGINEER      BLD
OPERATING ENGINEER      BLD
OPERATING ENGINEER      BLD
OPERATING ENGINEER      FLT
OPERATING ENGINEER      FLT
OPERATING ENGINEER      FLT
OPERATING ENGINEER      FLT
OPERATING ENGINEER      FLT
OPERATING ENGINEER      HWY
OPERATING ENGINEER      HWY
OPERATING ENGINEER      HWY
OPERATING ENGINEER      HWY
OPERATING ENGINEER      HWY
OPERATING ENGINEER      HWY
OPERATING ENGINEER      HWY
ORNAMNTL IRON WORKER      ALL
PAINTER      ALL
PAINTER SIGNS      BLD
PILEDRIVER      ALL
PIPEFITTER      BLD
PLASTERER      BLD
37.100 37.600 35.100 37.600 43.450 47.360 41.580 45.740
1.5 1.5 2.0 1.5
42.350 34 .810 38.000 44.850
42.520 44.520 1.5 44.350 2.0
2.0 1.5 1.5
5 0 5 5 5 0 1.5 1.5
■ 34 .840 39.500 46.950 42.070 37.000 42.520
0.000 40.800 49.850 34.980 49.850 1.5 •44.850 49.850 1.5 43.000 46.000 1 49.080 55.215 2 36.840 1 41.000 1 49.450 1 44.070 2 37 .750 44 .520
43.920 46.420 1.5
30.520 0.000 40.780 44.860 27.000 0.000 32.000 0.000 42.520 44.520
  1. 46.100 50.100
  2. 44.800 50.100
  3. 42.250 50.100
  4. 40.500 50.100
  5. 49.850 50.100
  6. 47.100 50.100
  7. 49.100 50.100
  1. 51.300 51.300
  2. 49.800 51.300
  3. 44.350 51.300
  4. 36.850 51.300
  5. 52.800 51.300
  1. 44.300 48.300
  2. 43.750 48.300
  3. 41.700 48.300
  4. 40.300 48.300
  5. 39.100 48.300 1.5
  6. 47.300 48.300 1.5
    1. 45.300 48.300 42.900 45.400 2.0 40.000 44.750 33.920 38.090 42.520 44.520 46.000 49.000 1.5 41.250 43.730 1.5
 
2.0 8.420 2.0 10.63 2.0 8.290 2.0 10.63 2.0 12 2.0 11 2.0 12 2.0 11 2.0 11
83 88 86 99 17
1.5 2.0 1.5 2.0 1.5
13. 13. 16. 16.
2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.5 2.0
38 29
60 11.05 1.900 60 11.05 1.900 16.60 11.05 1.900 16.60 11.05 1.900 16.60 11.05 1.900 16.60 11.05 1.900 16.60 11.05 1.900 15.70 10.55 1.900 2.0 15.70 10.55 1.900 2.0 15.70 10.55 1.900 2.0 15.70 10.55 1.900 2.0 15.70 10.55 2.0 16.60 11.05 11.05 11.05 11.05
250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 1.250 1.250 1.250 1.250
1.5 2.0 13.38 9.520 0.000 0.500 1.5 2.0 11.17 10.76 0.000 0.720 2.0 2.0 6.970 14.66 0.000 0.350 1.5 2.0 9.700 12.80 0.000 1.040 2.0 13.29 12.75 0.000 0.630 2.0 12.16 12.35 0.000 0.430 2.0 10.20 7.830 0.000 0.640 11.30 1.100 0.700 14.23 0.000 0.450 11.10 0.000 0.350 14.23 0.000 0.450 14.27 0.000 0.750 12.71 3.930 0.600 10.67 0.000 0.300 14.30 0.000 0.840 11.96 0.000 0.720 2.0 2.0 13.45 19.59 0.000 0.350 1.5 2.0 13.38 9.520 0.000 0.500 1.5 2.0 13.29 12.75 0.000 0.630 1.5 2.0 6.760 8.950 1.850 0.000 1.5 2.0 9.700 12.55 0.000 0.590 1.5 2.0 9.700 12.71 0.000 0.740 1.5 2.0 13.38 9.520 0.000 0.500 9.520 0.000 0.500 12.75 0.000 0.630 11 .05 11
1. 900 1.9.00 1.900 1. 900 1.900 1.900 1.900 1.900
1.5 1.5
1.5 2.0 1.5 1.5 1.5 1.5
 
 
2.0 16.60 2.0 16.60 2.0 16.60 1.5 2.0 16.60 11.05 1.5 2.0 16.60 11.05 16.60 11.05
13.11      16.40      0.000 0.600
9.750      11.10      0.000 0.770
2.600      2.710      0.000 0.000
13.29      12.75      0.000 0.630
1.5 2.0
9.000      15.85      0.000 1.680
11.10      11.69      0.000 0.550
 
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Cook County Prevailing Wage for November 2013
 
PLUMBER ROOFER
SHEETMETAL WORKER SIGN HANGER SPRINKLER FITTER STEEL ERECTOR STONE MASON SURVEY WORKER TERRAZZO FINISHER TERRAZZO MASON TILE MASON TRAFFIC SAFETY WRKR TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TUCKPOINTER
BLD      46.050 48.050      1.5
BLD      38.950 41.950      1.5
BLD      41.210 44.510      1.5
BLD      30.210 30.710      1.5
BLD      49.200 51.200      1.5
ALL      42.070 44.070      2.0
BLD      41.580 45.740      1.5
ALL      37.000 37.750      1.5
BLD      36.040    0.000      1.5
BLD      39.880 42.880      1.5
BLD      41.840 45.840      2.0
HWY      28.250      29.850      1.5
E      ALL 1      33.850      34.500      1.5
E      ALL 2      34.100      34.500      1.5
E      ALL 3      34.300      34.500      1.5
E      ALL 4      34.500      34.500      1.5
W      ALL 1      32.550      33.100      1.5
W      ALL 2      32.700      33.100      1.5
W      ALL 3      32.900      33.100      1.5
W      ALL 4      33.100      33.100      1.5
BLD      41.950 42.950 1.5
1.5 2.0 12.53 10.06 0.000 0.880 1.5 2.0 8.280 9.190 0.000 0.430 1.5 2.0 10.48 19.41 0.000 0.660 1.5 2.0 4.850 3.030 0.000 0.000 1.5 2.0 10.75 8.850 0.000 0.450 2.0 2.0 13.45 19.59 0.000 0.350 1.5 2.0 9.700 12.80 0.000 1.040 1.5 2.0 12.97 9.930 0.000 0.500 1.5 2.0 10.20 9.900 0.000 0.540 1.5 2.0 10.20 11.25 0.000 0.700 1.5 2.0 10.20 9.560 0.000 0.880 1.5 2.0 4.896 4.175 0.000 0.000 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 6.500 4.350 0.000 0.000 1.5 2.0 6.500 4.350 0.000 0.000 1.5 2.0 6.500 4.350 0.000 0.000 1.5 2.0 6.500 4.350 0.000 0.000 1.5 2.0 8.180 11.78 0.000 0.630
 
Legend:    rg (Regioni
TYP    (Trade Type - All,Highway,Building, Floating,Oil i Chip,Rivers) C (Class)
Base (Base Wage Rate) FRMAN (Foreman Rate)
M-F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri.
OSA    (Overtime (OT) is required for every hour worked on Saturday)
OSH    (Overtime is required for every hour worked on Sunday and Holidays)
H/w    (Health t Welfare Insurance)
Pensn (Pension)
vac (Vacation)
Trng (Training)
 
 
Explanations
COOK COUNTY
The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties.    Generally,  any of these holidays which fall on a Sunday is celebrated on the following Monday.    This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration.    If in doubt, please check with IDOL.
TRUCK DRIVERS  (WEST)  - That part of the county West of Barrington Road.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building,  including mechanical systems where those mechanical systems are to be removed.    This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished
 
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10/29/2013 11:19 AM
 
 
Cook County Prevailing Wage for November 2013      hrtp://wvvw.illihois.gov/idol/Laws-Rules/CONMED/Rates/l 3-1 lNo...
 
 
at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes,    ducts, and boilers, where the mechanical systems are to remain.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products,- all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics,  fiberglass, and all substitute materials,  for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior.    The mixing of all setting mortars including but not limited to thin-set mortars,  epoxies,  wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation,  repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand,  cement,  lime, tile, fixtures,  equipment, adhesives,  or any other materials to be used in the preparation,  installation,   repair,  or maintenance of tile and/or similar materials.    Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work.    Application of any and all protective coverings to all types of tile installations including, but not be limited to,  all soap compounds, paper products, tapes,  and all polyethylene coverings,  plywood,  masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment,  and all floor scarifying equipment used in preparing floors to receive tile.    The clean up and removal of all waste and materials.    All demolition of existing tile floors and walls to be re-tiled.
COMMUNICATIONS ELECTRICIAN
Installation,  operation,  inspection, maintenance,  repair and service of radio,  television,  recording, voice sound vision production and reproduction,  telephone and telephone interconnect,  facsimile, data apparatus, coaxial,  fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial,  education, entertainment, and residential purposes,  including but not limited to, communication and telephone,  electronic and sound equipment,  fibre optic and data communication systems,  and the performance of any task directly related to such installation or service whether at new or existing sites,  such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit,  such that the employees covered hereby can complete any job in full.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all stone,  sand, etc.)/  stocking of floors with material, performing all rigging for heavy work,  the handling of all material that may be needed for the installation of such materials, building of
 
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Cook County Prevailing Wage for November 2013
 
 
 
scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up,  caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade), carrara, sanionyx,  vitrolite and similar opaque glass and the laying of all marble tile,  terrazzo tile, slate tile and precast tile, steps, risers treads, base,  or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt.
MATERIAL TESTER II:    Field inspection of welds, structural steel, fireproofing,  masonry,  soil,  facade,  reinforcing steel, formwork, cured concrete,  and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures.
 
OPERATING ENGINEER - BUILDING
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor  (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu.  ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes,   (GCI and similar Type); Creter Crane; Spider Crane; Crusher,  Stone,  etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader,  Elevating; Grouting Machines; Heavy Duty Self-Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators,  outside type rack and pinion and similar machines; Hoists, One,  Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram;  Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer  (Two Bag and Over); Conveyor,  Portable;  Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists,  Inside Elevators; Hoists, Sewer Dragging Machine;
 
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Cook County Prevailing Wage for November 2013
 
 
 
Hoists, Tugger Single Drum; Laser Screed; Rock Drill  (Self-Propelled); Rock Drill  (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists,  Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3"  (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines  (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics; Welders.
 
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine,   (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu.  ft.; Concrete Placer; Concrete Tube Float; Cranes,  all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol,  Form Grader,  Pull Grader,  Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One,  Two and Three Drum; Heavy Duty Self-Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40'  of boom reach; Lubrication Technician; Manipulators; Mucking Machine;  Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine;    Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills  (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft.  in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener  (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu.  yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine,
 
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Cook County Prevailing Wage for November 2013
 
 
 
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine -Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks  (All Attachments); Hydro-Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off-Road Hauling Units (including articulating) Non Self-Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc.,  self-propelled; Self-Propelled Compactor; Spreader - Chip - Stone,  etc.; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor,   Portable; Farm-Type Tractors Used for Mowing,  Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists,  Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines;  Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper-Form-Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit  (Pile Driving,  Extracting, or Drilling); Light Plants, All (1 through 5);  Pumps,  over 3"   (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Vacuum Trucks  (excluding hose work); Welding Machines (2 through 5); Winches,  4 Small Electric Drill Winches.
Class 5. SkidSteer Loader  (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature.
OPERATING ENGINEER - FLOATING
Class 1.    Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge).
Class 2.    Crane/Backhoe Operator; Boat Operator with towing endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic Dredge); Leverman (Hydraulic Dredge); Diver Tender.
Class 3.    Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe  (115,000 lbs. or more); Tug/Launch Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall, Slip/Dock, or Scow, Deck Machinery, etc.
Class 4.    Deck Equipment Operator, Machineryman/Fireman (4 Equipment Units or More); Off Road Trucks;  Deck Hand, Tug Engineer, Crane Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000 pounds or less); Assistant Tug Operator.
Class 5.    Friction or Lattice Boom Cranes.
SURVEY WORKER - Operated survey equipment including data collectors,
 
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G.P.S. and robotic instruments, as well as conventional levels and transits.
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work,  floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics.
TRAFFIC SAFETY
Work associated with barricades, horses and drums used to reduce lane usage on    highway work,  the installation and removal of temporary lane markings,  and the installation and removal of    temporary road signs.
TRUCK DRIVER - BUILDING,  HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST
Class 1.    Two or three Axle Trucks.    A-frame Truck when used for transportation purposes; Air Compressors   and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate    Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls;  Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers;  Pole Trailer,  up to   40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks,  2-man operation; Slurry Truck Conveyor Operation,  2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling   warning lights, barricades, and portable toilets on the job site.
Class 2.    Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug   Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar   equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and   Winch Trucks, 2 Axles.
Class 3.    Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks,  Euclids,    Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over;    Mobile Cranes while in transit; Oil Distributors,   1-man operation; Pole Trailer, over 40 feet; Pole and   Expandable Trailers hauling material over 50 feet long; Slurry trucks,  1-man operation; Winch trucks,  3   axles or more; Mechanic—Truck Welder and Truck Painter.
Class 4.    Six axle trucks; Dual-purpose vehicles,  such as mounted crane trucks with hoist and accessories;    Foreman; Master Mechanic-Self-loading equipment like P.B. and trucks with scoops on the front.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the Department generally has on file such definitions   which are available.    If a task to be performed is not subject to one of the classifications of pay set out, the Department will   upon being contacted state which neighboring county has such a classification and
 
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provide such rate, such   rate being deemed to exist by reference in this document.    If no neighboring county rate applies   to the task, the Department shall undertake a special determination, such special determination being then   deemed to have existed under this determination.    If a project requires these, or any classification not listed,    please contact IDOL at 217-782-1710 for wage rates or clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver.     The work performed by landscape plantsman and landscape laborer is covered by the existing classification   of laborer.    The work performed by landscape operators (regardless of equipment used or its size)  is covered   by the classifications of operating engineer.    The work performed by landscape truck drivers (regardless of   size of truck driven) is covered by the classifications of truck driver.
 
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EXHIBIT 6 Performance Bond
 
CONTRACTOR'S PERFORMANCE & PAYMENT BOND
 
 
 
That we.
 
, Surety
 
Principal, hereinafter referred to as Contractor, and
 
 
of the County of Cook and State of Illinois, are held and firmly bound unto the CITY OF CHICAGO in the penal sum of
 
lawful money ofthe United States, for the payment of which sum of money, well and truly to be made, wc bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
A.D., 20
 
 
That whereas the above bounden Contractor has entered into a certain contract with the CITY OF CHICAGO, bearing
 
.and Specification No.
Contract No.
all in conformity with said contract, for.
 
 
 
 
The said contract is incorporated herein by reference in its entirety, including without limitation, any and all indemnification provisions.
 
Now, if the said Contractor shall in all respects well and truly keep and perform the said contract on its part, in accordance with the terms and provisions of all of the Contract Documents comprising said contract, and in the time and manner therein prescribed, and further shall save, indemnify, and keep harmless the City of Chicago against all loss, damages, claims, liabilities, judgements, costs and expenses which may in anywise accrue against said City of Chicago, in consequence of the granting of said contract, or which may in anywise result therefrom, or which may result from strict liability, or which may in anywise result from any injuries to, or death of, any person, or damage to any real or personal property, arising directly or indirectly from or in connection with, work performed or to be performed under said contract by said Contractor, its Agents, Employees or Workmen, assignees, subcontractors, or anyone else, in any respect whatever, or which may result on account of any infringement of any patent by reason of the materials, machinery, devices or apparatus used in the performance of said contract, and moreover, shall pay to said City any sum or sums of money determined by the Purchasing Agent, and/or by a court of competent jurisdiction, to be due said City by reason of any failure or neglect in the performance of the requirements, of said contract, wherefore the said Purchasing Agent shall have elected to suspend or cancel the same, and shall pay all claims and demands whatsoever, which may accrue to each and every materialman and subcontractor, and to each and every person who shall be employed by the said Contractor or by its assignees and subcontractors, in or about the performance of said contract, and with wages paid at prevailing wage rates if so required by said contract, and shall insure its liability to pay the compensation, and shall pay all claims and demands for compensation which may accrue to each and every person who shall be employed by them or any of them in or about the performance of said contract, or which shall accrue to the beneficiaries or dependents of any such person, under the provisions of the Workers' Compensation Act, 820 ILCS 305, as amended, and the Workers' Occupational Disease Act, 820 ILCS 310, as amended (hereinafter referred to as "Acts") then is this obligation to be null and void, otherwise to remain in full force and effect
 
 
And it is hereby expressly understood and agreed, and made a condition hereof, that any judgement rendered against said City in any suit based upon any loss, damages, claims, liabilities, judgements, costs or expenses which may in anywise accrue against said City as a consequence of the granting of said contract, or which may in anywise result therefrom, or which may in anywise result from any injuries to. or death of, any person, or damage to any real or personal property, arising directly or indirectly from, or in connection with, work performed, or to be performed under said contract by said Contractor or its agents, employees or workmen, assignees, subcontractors, or anyone else and also any decision of the Industrial Commission of the State of Illinois, and any order of coun based upon such decision, or judgement thereon, rendered against said City of Chicago in any suit or claim arising under the aforementioned Acts when notice of the pendency or arbitration proceedings or suit shall have been given said Contractor, shall be conclusive against each and all parties to this obligation, as to amount, liability and all other things pertaining thereto.
Every person furnishing material or performing labor in the performance of said contract, either as an individual, as a subcontractor, or otherwise, shall have the right to sue on this bond in the name of the City of Chicago for his use and benefit and in such suit said person as plaintiff, shall file a copy of this bond, certified by the party or parties in whose charge this bond shal] be, which copy shall be, unless execution thereof be denied under oath, prima facie evidence of the execution and delivery of the original; provided, that nothing in this bond contained shall be taken to make the City of Chicago liable to any subcontractor, materialman, laborer or to any other person to any greater extent than it would have been liable prior to the enactment of the Public Construction Bond Act, 30 ILCS 550, as amended: provided further, that any person having a claim for labor and materials furnished in the performance of this contract shall have no right of action unless he shall have filed a verified notice of such claim with the Clerk of the City of Chicago within 180 days after the date of the last item of work or the furnishing of the last item of materials, and shall have furnished a copy of such verified notice to the contractor within 10 days of the filing of the notice with the City of Chicago. Such claim shal] be verified and shall contain the name and address of the claimant, the business address of the claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business with the State the principal place Of business of said corporation, and in all cases of partnership the names and residences of each of the partners, the name of the contractor for the City of Chicago, the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials, the amount of the claim and a brief description of the public improvement for the construction or installation of which the contract is to be performed. Provided, further, that no defect in the notice herein provided for shall deprive the claimant of his right of action under the terms and provisions of this bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same; provided, further, that no action shall be brought until the expiration of one hundred twenty (120) days after the date of the last item of work or of the furnishing of the last item of material, except in cases where the final settlement between the City of Chicago and the Contractor shall have been made prior to the expiration of the 120 day period in which case action may be taken immediately following such final settlement, and provided, further, that no action of any kind shall be brought later than six (6) months after the acceptance by the City of Chicago of the completion of work. Any suit upon this bond shall be brought only in a circuit coun of the State of Illinois in the judicial district in which the contract shall have been performed.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of any of the Contract Documents comprising said contract, or to the work to be performed thereunder, shall in anywise affect the obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terras of said Contract Documents or to the work.
 
 
      :       (Seal)
Approved      , 20      
       (Seal)
 
              (Seal)
Purchasing Agent
 
       (Seal)
 
(Seal)
 
Approved as lo form and legality:
 
ss.
STATE OF ILLINOIS COUNTY OF COOK
I      
aforesaid, DO HEREBY CERTIFY that_
 
, a Notary Public in and for the County and Slate
      President and
 
 
 
z o
 
(JO
. Secretary of the_
such
. President and_
who are personally known to me to be the same persons whose names are subscribed in the foregoing instrument as
. Secretary, appeared
before me this day in person and acknowledged that they signed, sealed and delivered the said instrument of writing as
their free and voluntary act, and as the free and voluntary act of the said      
for the uses and purposes therein set forth, and caused the corporate seal of said Company to be thereto attached.
 
GIVEN under my hand and Notarial Seal this      day of      20_
 
\
 
 
Notary Public
 
, a Notary Public in and for the County and State
 
5'} ss
( STATE OF ILLINOIS, COUNTY OF COOK
I      
 
aforesaid, DO HEREBY CERTIFY that_
 
. of the
_who
. personally known
 
to be the same person _
. whose name_
. subscribed in the foregoing instrument as such_
 
_free and voluntary act, and as the free
O
 
>> H W OS
, appeared before me this day in person and acknowledged that_
signed, sealed and delivered the said insunment of writing as_
and voluntary act of the said      
for the uses and purposes therein set forth, and caused the corporate seal of said Company to be thereto attached.
 
GIVEN under my hand and Notarial Seal this      day of      20_
 
\
 
 
Notary Public
 
/
ss.
, a Notary Public in and for the County and State
STATE OF ILLINOIS COUNTY OF COOK
I      
 
_subscribed in the foregoing
. signed, sealed and delivered the
 
 
HH I—<
s|
a,
aforesaid, DO HEREBY CERTIFY that      
who      personally known to me to be the same persons whose name .
he
instrument, appeared before me this day in person and acknowledged that_
said instrument of writing as      free and voluntary act, for the uses and purposes therein set forth.
 
20
. day of _
GIVEN under my hand and Notarial Seal this_
 
\
 
 
Notary Public
 
GRC-160211-26-1
 
 
RIDER TO CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
 
 
This Rider supplements Contractor's Performance and Payment Bond ("Bond") on that certain
contract with the City of Chicago ("City") bearing Contract No._      and Specification No.      
("Contract"). Surety acknowledges that the Contract requires Contractor to obtain from each of its subcontractors consent to a collateral assignment of their contracts with Contractor to trie City. The Contract further grants the City the right, upon Contractor's default for failure to comply with Chapter 4-36 of the Municipal Code of the City, and at the City's sole option, to take over and complete the work to be performed by Contractor through the City's assumption of some or all of Contractor's subcontracts. If the City, in its sole discretion, exercises this right, then Surety waives any rights it may have to cure Contractor's default by performing the work itself or through others and remains bound by its other obligations under the Bond.
 
EXHIBIT 7
 
Contractor Affidavit
 
Contractor Name:
Special Service Area Number:
Agreement ("Agreement"):
 
Agreement between the City of Chicago and      dated
      , relating to the provision of special services.
AFFIDAVIT
The   undersigned,       ,   as      ,   and   on behalf
of      ,   having   been   duly   sworn   under   oath,   certifies   that   in the
year      , it performed that portion of the Services described in Exhibit 1 of the Agreement
in accordance with the terms of the Agreement, to the extent described in the attached Full-Year Assessment Form and that it spent that portion of funds obtained from the City in connection with that Agreement on the Services described in Exhibit 1, to the extent described in the attached Full-Year Assessment Form . The Full-Year Assessment Form shall be in the form prescribed by the City and shall contain such level of detail as the City may require from time to time.
 
Nothing in this Affidavit may be construed as limiting Contractor's obligations under the Agreement. All terms not defined in this Affidavit will be as defined in the Agreement.
 
Under penalty of perjury, I certify that I am authorized to execute this Affidavit on behalf of the Contractor, that I have personal knowledge of the certifications made in this Affidavit, and that they are true and correct.
 
NAME OF CONTRACTOR:
 
 
Signature of Authorized Officer
 
 
Name of Authorized Officer (Print or Type)
 
 
State of County of
Sworn to and acknowledged before me by       fname of signatory] as
      , title] of      rname of
contracting party] this      day of      ^20      .
 
Signature of Notary
 
 
EXHIBIT 8
 
Special Service Area - Additional Audit Requirements
 
Accounting System
 
The Department requires that the Contractor maintain its accounting system in a manner which allows the Contractor's expenditures to be categorized in its statement of activities according to the categories listed in the budget approved by the City for each Area.
 
Guidance for the Contractor's Selection of a CPA Firm (Independent Auditor)
 
The Contractor must use the following guidelines for engaging a qualified CPA Firm:
    1. Issue a Request for Proposal ("RFP") that sets forth all of the terms and conditions of the engagement, evaluation criteria, and scope of the work required. Audit firm evaluations can replace an annual RFP process; an RFP process every three years is preferred.
  1. Distribute and publicize the RFP sufficiently