SUBSTITUTE ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of local government under the 1970 Constitution of the State of Illinois and has the authority to promote the health, safety and welfare of its inhabitants, to furnish essential governmental services through its various departments and agencies and to enter into contractual agreements with units of local government for the purpose of achieving the aforesaid objectives; and
WHEREAS, on March 18, 1956, the City Council ofthe City (the "City Council") created the Public Building Commission of Chicago (the "Commission"), an Illinois municipal corporation, / pursuant to the Public Building Commission Act of the State of Illinois (the "Act") for the purpose of facilitating the funding, acquiring and constructing of public buildings, improvements and facilities for use by local public agencies in the furnishing of essential governmental services; and
WHEREAS, the Commission is authorized and empowered by the Act to conduct assessments and inspections (which may include upgrade, repair or construction work) of City-owned facilities for conformance with compliance requirements of Title II of the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (the "Assessments/Inspections"); and
WHEREAS, the City's Department of Assets, Information, and Services ("AIS") desires to contract with the Commission in order for the Commission to carry out Assessments/Inspections on the City-owned facilities described on Exhibit A hereto and hereby made a part hereof (the "Facilities"); and
WHEREAS, the City, through AIS, wishes to provide the Commission a portion of its duly appropriated and legally available funds in an amount not to exceed $10,000,000 (the "City Funds") forthe Assessments/Inspections on the Facilities; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
Section 1. The recitals of this ordinance are hereby incorporated into this text as if set out herein in full.
Section 2. The City Council hereby authorizes the provision of City Funds to the Commission for the implementation ofthe Assessments/Inspections on the Facilities.
Section 3. The Commissioner of AIS (the "Commissioner"), or a designee of the Commissioner (each, an "Authorized Officer"), is hereby authorized to execute an agreement in a form consistent with prior agreements entered into between the City and the Commission (the "Agreement"), and/or amendments or supplements to existing agreements between the City and the Commission, for implementation of the Assessments/Inspections on the Facilities, subject to the review ofthe Corporation Counsel as to form and legality, and such other documents as are necessary, which may contain such other terms as are deemed necessary or appropriate by the parties executing the same on the part ofthe City.
Section 4. The Authorized Officer, the Budget Director or a designee of the Budget Director, are each authorized to execute such additional documents, information, assurances and certifications and to take such additional actions in connection with the Assessments/Inspections on the Facilities as may be necessary or required pursuant to the
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Agreement or existing agreements between the City and the Commission as contemplated therein. In particular, but not by way of limitation, the foregoing City officials are each authorized to execute an amendment or amendments to the Agreement or existing agreements between the City and the Commission in the event that any additional grants or funds are in future received by the City and appropriated by the City Council for such purpose.
Section 5. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions ofthis ordinance shall be controlling. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.
Section 6. This ordinance shall take effect upon its passage and approval.
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