OFFICE OF THE MAYOR
CITY OF CHICAGO
November 16, 2016
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith ordinances authorizing a scope of services, budget and management agreement for various Special Service Areas.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
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; and
WHEREAS, on November 16, 2011, the City Council of the City of Chicago (the "City Council") enacted an ordinance (the "Establishment Ordinance") which established an area known and designated as City of Chicago Special Service Area Number 52 (the "Area") and authorized the levy of an annual tax, for the period beginning in 2011 through and including 2020, not to exceed an annual rate of three percent of the equalized assessed value of the taxable property therein (the "Services Tax") to provide certain special services in and for the Area in addition to the services provided by and to the City of Chicago generally (the "Special Services"); and
WHEREAS, the Establishment Ordinance established the Area as that territory consisting approximately of both sides of 51st Street from Dr. Martin Luther King Jr. Drive on the east side to the Metra Railroad tracks on the west side; and
WHEREAS, the Special Services authorized in the Establishment Ordinance include, but are not limited to: recruitment of new businesses to the Area, rehabilitation activities, maintenance and beautification activities, new construction, security, coordination of 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); and
WHEREAS, the Establishment Ordinance provided for the appointment of the 51st Street Special Service Area Commission (the "Commission") to advise the City Council regarding the amount of the Services Tax to be levied and for the purpose of recommending to the City Council: (1) a yearly budget based upon the cost of providing the Special Services; (2) an entity to serve as a service provider (the "Service Provider"); (3) an agreement between the City and the Service Provider for the provision of Special Services to the Area (the "Service Provider Agreement"); and (4) a budget to be included in the agreement between the City and the Service Provider (the "Budget") (the aforementioned items 1 through 4 shall be known collectively herein as the "Recommendations"); and
WHEREAS, the Commission has been duly appointed and qualified and has heretofore prepared and transmitted to the Commissioner of the Department of Planning and Development (the "Commissioner") its Recommendations to the City Council, including the Budget attached hereto as Exhibit A and hereby made a part hereof; 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.
2016SSA52Ord.doc
SECTION 2. 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:
51st STREET SPECIAL SERVICE AREA COMMISSION SPECIAL SERVICE AREA BUDGET
For the fiscal year commencing January 1, 2017 and ending December 31, 2017.
EXPENDITURES
Service Provider Agreement for the provision of Special
Services $36,955
TOTAL BUDGET REQUEST $36,955
SOURCE OF FUNDING Tax levy at an annual rate not to exceed three percent of the equalized assessed value, of the taxable property
within Special Service Area Number 52 $36,820
Carryover funds currently available
from prior tax years $0
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 $135
SECTION 3. Levy of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(l)(2) of the Constitution of the State of Illinois and pursuant to the provisions of the Act and pursuant to the provisions of the Establishment Ordinance, the sum of $36,820 as the amount of the Services Tax for the tax year 2016.
SECTION 4. Filing. The City Clerk of the City (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 27, 2016, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City of Chicago, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2016 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.
2016SSA52Ord.doc
SECTION 5. Service Provider Agreement. The Commissioner, or a designee of the Commissioner (each, an "Authorized Officer"), are each hereby authorized, subject to approval by the Corporation Counsel as to form and legality, to enter into, execute and deliver a Service Provider Agreement as authorized herein with 51st Street Business Association, an Illinois not-for-profit corporation, as the Service Provider, for a one-year term in a form acceptable to such Authorized Officer, along with such other supporting documents, if any, as may be necessary to carry out and comply with the provisions of the Service Provider Agreement. The Budget shall be attached to the Service Provider Agreement as an exhibit. Upon the execution of the Service Provider Agreement and the receipt of proper documentation the Authorized Officer and the City Comptroller are each hereby authorized to disburse the sums appropriated in Section 2 above to the Service Provider in consideration for the provision of the Special Services described in the Budget. The Department of Planning and Development shall promptly make a copy of the executed Service Provider Agreement readily available for public inspection.
SECTION 6. Enforceability. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance.
SECTION 7. 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.
SECTION 8. 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 9. Effective Date. This ordinance shall take effect 10 days after its passage and publication.
2016SSA52Ord.doc
EXHIBIT A
Budget
2016SSA52Ord.doc|1010|
Exhibit A Budget
Special Service Area # 52
Service Provider Agency: 51st Street Business Association
2017 BUDGET SUMMARY
Budget and Services Period: January 1,2017 through December 31, 2017
2016 Levy
Collectable Levy
Estimated
Loss Collection
TIF Rebate Fund #D02
Estimated
Late Collections and Interest
1.00 Customer Attraction
2.00 Public Way Aesthetics
3.00 Sustainability and Public Places
4.00 Economic/ Business Development
5.00 Safety Programs
6.00 SSA Management
7.00 Personnel
Levy Total
Sub-total
GRAND TOTALS
LEVY ANALYSIS
Estimated 2016 EAV: $3,520,978
Authorized Tax Rate Cap: 3.000%
Maximum Potential Levy limited by Rate Cap: $105,629
Requested 2016 Levy Amount: $36,820
Estimated Tax Rate to Generate 2016 Levy: 1.05%
5 2
CJTY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
Legal name of the Disclosing Parly submitting this EDS. Include d/b/a/ if applicable:;
5!sr 3*4}nut* &Sg&j*fa«
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this CDS is:
M the Applicant " OR
[ ] a legal entity holding a direct or indirect interest in the Applicant. Slate the legal name of the
Applicant in which the Disclosing Party holds an interest: : .
OR
¦ 3. [ ] a legal entity with a right of control (see Section II.B.l.) Slale die legal name of. the entity in
which the Disclosing Party holds a right of control: .
Business address of the Disclosing Party: J^X/X £- .5fAi*t¥* .
^d^tA^L^^JjL^jkM^-
Telephone: 7? 4-/% •<*"
Name of contact person: f) ^ yi.jslffiq- J&Jjl£./l£
IE. Federal F.mployer Identification No. (if you have one):
I-'. Bnel'clesciipiion of connael, transaction or other undcriaking (referred in below as the "Mailer") io which this RDS pertains. (Include project number and location of property, if applicable):
Ci. Which City agency or department is requesting this F.DS? J^^»/j/-">j/._ «fc /a/.s?i tfifj'
If the Mailer is a contiaei being handled by the ("iiy's Depaiinieni of Procurement Services, please complete the following.
Specification .'' and ("onli.ici
iir in oi i:
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Parly:
(] Person [ ] Limited liability company
[] Publicly registered business corporation [] Limited liability partnership
[ ] Privately held business corporation [) Joint venture
[ ] Sole proprietorship f$ Not-for-profit corporation
[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
[ J Limited partnership f/| Yes [ 1 No
[ ] Trust (j Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
.-JLLLLHilUl _
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the Slate of Illinois as a foreign entity?
( J Yes [ ] No r/N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which arc legal entities. If there arc no such members, write "no members." For trusts, estates or other similar entities, list below the legal titlcholclcr(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management, of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on ils own behalf.
Name Title ¦
AQH-Af^A /:&r „ .Ml .M&Mc&rs.
2. Please provide the following information concerning each person or cnlily having a direct or indirect beneficial interest (including ownership) in excess of 7.5% oi'ihe Disclosing Party. Examples of"such an interest include shares in a corporation, purinirrship inicivsi in a partnership or joirti venture.
Pii.-.r _> of I i
220 W. 51" Street (773) 285-3101
Chicago, Illinois 60615 , (773) 285-3407
Email :51ststrccthusincssassociatioii@yahoo.cfln>
BOARD OF DIRECTORS
Kenneth Allen, President Omar Swciss, Vice- President Michael Wilson, Secretary ¦ Jennca Miller, Member
Sandra Bivens, Executive Director
interest of a member or manager in a limited liability company, or interest ol a beneficiary of a trust, estate or other similar entity. If none, state •"None." NOTE: Pursuant to Section 2-1 54-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
h/c hcC; _„
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 (his EDS is signed?
[ J Yes [yjNo
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV — DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose (he 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 m be paid. The Disclosing Party is not required to disclose employees who are paid solely fhrough the Disclosing Parly'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 ihan: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "I. obbyisl" also means any person or entity any part of whose duties as an employee ol another includes undertaking to influence any legislative or administrative action.
If ihe Disclosing Parly 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.
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
y
SECTION V - CERTIFICATIONS
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 on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No Du No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
2. The Disclosing Parly and, if the Disclosing Parly is a legal entity, all of those persons or entities identified in Section II.B.l. of ihis EDS:
arc not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have nor, within a five-year period preceding the date of ibis 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;
arc not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, stale or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding thedate of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in anycriminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any stale, or any other unit of local government.
3. The certifications in subparts 3, 4 and 5 concern:
the Disclosing Parly;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Mailer, including but nol limited to all persons or legal entities disclosed under Section I V, "Disclosure of Subcontractors and Other Retained Parties");
• any "Affiliated Entity" (meaning a person or cniily thai, directly or indirectly: controls the Disclosing Party, is controlled by ihc Disclosing Party, or is, with the Disclosing Party, under common control of 'another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees: or organization of a business entity following the ineligibility of a business entity to do business with federal or slate or local government,-including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or cniily thai direclly or indirectly controls the Contractor, is controlled by it. or. with the Contractor, is under common control of another person or entity;
• any responsible official of the Disclosing Party, any Contractor or any A ffiliatcd Emily or any oilier official, agent or employee of the Disclosing Pariy. any Conlractoi oi any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any A I'liliatcd Entity (collectively "Agents").
Pa;v S of I '<
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of cither the Disclosing Parly or any Contractor nor any Agents have, during the five years before the dale this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty oT 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;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, A fliliatcd Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any slate or of the United States of America that contains the same elements as theoffense of bid-rigging or bid-rotating.
Neither the.Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Emily List and the Debarred List. ¦
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-1 56 (GovcinmenlalEthics) of the Municipal Code.
7 Ifihc Disclosing Parly is unable to certify to any of the above statements in this Port B (Further Ccriillcations). the Disclosing Party imist explain below.
Page (> id" 1.1
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. 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 (if none, indicate with "hi/A" or "none").
9. To the best of the Disclosing Parly's knowledge afler reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago.' For purposes of this statement, a "gift" does not include: (i) anything, made generally available to City employees or to ihc general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate .with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Parly certifies that the Disclosing Party (check one)
[ ] is |Vj is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Parly IS a financial institution, then the Disclosing Party pledges:
"We arc not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge thai none of our affiliates is. and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand thai becoming a predatory lender or becoming an affiliate of a predatory lender may resuli in the loss of ihe privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-.52-
If the le.ncrs "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that arc defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
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?
[]Ycs -f^No "
NOTE: If you cheeked "Yes" to Item D.I., proceed to Items D.2. and D.3. If you checked "No" to Item D. 1., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any properly that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virluc of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does, the Mailer involve a City Properly Sale?
.( ] Yes J No
If you checked "Yes" to Hem D.I., provide the names and business addresses of the City officials or employees having such interest and identify (he nature of such interest:
Name business Address Nature of Interest
4. T he Disclosing Pony further certifies thai no.prohibited financial interest m illc Malta will be acquired by any City official or employee.
I CERTIFICATION REGARDING SLAVERY ERA. UUSU^S ,
Please cheek cither I. or 2. below, if the i)>.M-losiiig Party checks ?... the Disclosing Party must 111 s« U>'.c below or in an attachment to this I.DS .iii Pay- S of 13
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 thai the Disclosing Parly has searched any and all records of (he Disclosing Party and any and yll predecessor entities regarding records of investments or pro I its 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 slavcs), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step I above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. Tho Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is nor federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City arc not federal funding.
A- CERTIFICATION-REGARDING LOBBYING
I. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of ihe Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation.appears or begins on Ihe lines above, or if the letters "NA" or if the word "None" appear, ii will be conclusively presumed thai ihe Disclosing Party means that NO persons or cntiiies registered under the Lobbying Disclosure A CI of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect io the Matter.)
2. The Disclosing Party lias not spent and will nol expend any federally nppiopriaicd funds to pay any person or cniily listed in Paragraph A.I. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency. a.-> defined by ap^>iic;UUc_Ccxl£r.aLlajY,aiincuiber^oX Congress, .an officer nr.cmploycc of Congress, oi an employee of a member of Congress, in connection with the nwaid ol any federally funded contract, making any federally lunded grant or loan, cniciing into any cooperative agreement, or to extend, continue, lenew. amend, or modify any federally funded contract, •¦ram. loan, or cooperative agiccmciii
Page ') of ! "!
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described-in section
501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If-the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form arid substance to paragraphs A.L through A.4. above from all subcontractors before it awards any subcontract"and' the Disclosing Party must maintain all such.subcontractors' certifications for the durati;6n.pf;Tlie Mutter and must make such certifications promptly available to the City upon-request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all propo.sed subcontractors to"submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and d6 you have on file affirmative action programs p.ursuantto applicable federal regulations? (See 41 GFR Part 60-2.)
[ ] Yes []No
Have, you filed with the Joint.Reporting Committee, the Director of the Office of .Federal
¦ Coritraet Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements? [ j Yes []No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[]Yes []No
If you checked "No" to question ]. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any
contract or other agreement between the Applicant and the City in connection with the Matter, whether
procurement, City assistance, or other City action, and are material inducements to the City's execution
of any contract or taking other action with respect to the Matter. The Disclosing Party understands that
it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.crtvdfchicaigo.6rg/Ethics . and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 606 (0, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City-determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter,and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the p.ublic on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and sighing this EDS, the Disclosing Parly waives and releases any possible rights or claims which it may have against the City in connection with ihe 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 kepi currcnl. In the event of changes, the Disclosing
Party must supplement ibis EDS up to the time the City takes action on the Matter. If ihe Matter is a
contract being handled by the City's Department of Procurement Services, ihe Disclosing Party must
updalc this EDS as the conlraci requires. NOTE: With respect to Mailers subject to Article I of
CJia^r 1-23 pX l!.K.BMANJ;WV;r JNJlIJG m IIJTY lot certain specified
offenses), the information provided herein regarding eligibility must he kepi currcnl foi a longer period,
as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
"I he Disclosing Parly represents and warrants lhai:
Page I I ol I .i
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 hot limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor pexmit.their subcontractors to use, any facility listed by lhe,U.S. E.P.A. on the federal Excluded Parties List System ('.EPLS") maintained by the U. S. General Services Administration:
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/sub'eqntra'ctprs'hired or to be hired in connection with the Matter certifications equal in form and substance to those hvF.l. 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 pro-Vide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the items in F.I., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: .(1) warrants that he/she is authorized to execute this'EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) .warrants that all certifications and statements contained in this EDS-and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
(Print t^p^n^nie pfBis^ibsihg;^ai^
(Sigh'here)
(Print or type'i name ofperson-signirig)
(Print or type title of person-signing)
Signed and sworn to before me on (date)
at County,^ (statc).v^^a^l»^
i
JESSICA D. GAIN
Commis4^^«W?Mc> ipATEq^tUJNpts I nmtMttn-ExplrwrFBtorldrSOIfri
Notary Public.
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A
FAMILIAL RELATIONSHIPS-WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to.be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to he completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Parly must disclose whether such Disclosing Party, or any "Applicable Parly",or any Spouse or Domestic Partner thereof"currently has a "familial relationship" with any elected city official or department head. A "familial relationship1' exisls if, as of the date this EDS' is signed, the Disclosing Parly or any "Applicable Parly" 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 (I) all executive officers of the Disclosing Party fisted in Section I.I.B. I .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; nil managers, managing members and members of the Disclosing Party, if the Disclosing Parly 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 Parly. "Principal officers" means the president, chief operating officer, cxecuiivc.dirccior, chief financial officer, ireasurer or secretary ofa 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"' wilh an eleeied cily official or department head?
[ )Ycs (vjNo
. If yes, please' idcniify below (I) the name and title of such person, (2) the name of the legal entity lo which such person is connected; (3) the name and title of the elected cily official oi department head lo whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
CITY OK CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX B
BUILDING CODE SCO FELA W/PROBLEM LANDLORD CER TIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MunicipalCodeSection2-l54-010, is the Applicant or any Owner identified as a building code scofflawor problem landlord pursuant lo Section 2-92-416 oflhe Municipal Code?
I J Yes • l^tJNo
If the Applicant is a legal entity publicly traded on any exchange, is any otlicer ordirector of the Applicant identified as a building code scoffiaw or.problem landlord pursuant lo Section 2-92-416 of the Municipal Code?
[ ] Yes ( ] No- p^Noi Applicable
If yes to (I) or (2) above; please identify below ihe name of the person or legal entity identified as a building code scofilaw or problem landlord and the address oflhe building or buildings to which the pertinent code violations apply.
FILLING 0,UT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX B IS INCORPORA TED BY REFERENCIvlN.TO, AND MADE A PART OY\ THE ASSOC?ATED.EDS, AND THAT T HE REPRESENTATIONS'M ADE IN THIS APPENDIX B ARE SUBJECT TO TflE CElVlTFlCATlON MAI)E UNI)Eft PENALTY OF PERJUR Y ON PAGE 12 OFT11F. ASSOCIATED EDS.