JOURNAL of the PROCEEDINGS of the CITY COUNCIL of the CITY

JOURNAL of the PROCEEDINGS of the CITY COUNCIL of the CITY
(Published by the Authority of the City Council of the City of Chicago)
COPY
JOURNAL of t h e PROCEEDINGS
of t h e
CITY COUNCIL
of t h e
CITY of CHICAGO, ILLINOIS
Regular Meeting — Wednesday, December 17, 2003
at 10:00 A.M.
(Council Chambers — City Hall — Chicago, Illinois)
OFFICIAL R E C O R D .
VOLUME I
RICHARD M. DALEY
Mayor
JAMES J . LASKI
City Clerk
JOURNAL O F THE PROCEEDINGS OF THE CITY COUNCIL
Regular Meeting — Wednesday, December 17, 2003
TABLE OF CONTENTS
Page
Communications From City Officers
14916
Reports Of Committees
14964
Committee On Finance
14964
Committee On Budget
15783
Committee On Buildings
15806
Committee On Committees, Rules And Ethics
15827
Committee On Economic, Capital And Technology
Development
15836
Committee On Housing And Real Estate
15840
Committee On Human Relations
15887
Committee On License And Consumer Protection
15891
Committee On Parks And Recreation
15900
Committee On PoUce And Fire
:
15930
Committee On Special Events And Cultural Affairs . . . . . . .
15932
Committee On Traffic
15945
Committee On Transportation And Public Way
15995
Committee On Zoning
16066
JOURNAL OF THE PROCEEDINGS OF THE CITY COUNCIL
Regular Meeting — Wednesday, December 17, 2003
Page
Agreed Calendar
16513
New Business Presented By Aldermen
16668
Traffic Regulations, Traffic Signs, Etc
16668
Zoning Ordinance Amendments
16703
Claims
16714
Unclassified Matters
16719
Free Permits, License Fee Exemptions, Etc
16772
Approval OfThe J o u m a l
16777
Unfinished Business
16778
Miscellaneous Business
16818
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COMMUNICATIONS, ETC.
14915
A t t e n d a n c e At M e e t i n g .
Present — The Honorable Richard M. Daley, Mayor, and Aldermen Flores, Haithcock,
Preckwdnkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo,
Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz,
Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez,
Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty,
Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore.
Absent — Aldermen Tillman, Stone.
Call To O r d e r .
On Wednesday, December 17, 2003 at 10:00 A.M., The Honorable Richard^M. Daley,
Mayor, called the City Council to order. The clerk called the roll of members and it
was found that there were present at that time: Aldermen Flores, Haithcock,
Preckwinkle, Hairston, Lyle, Beavers, Beale, Pope, Balcer, Cardenas, Olivo, Burke,
T. Thomas, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Solis,
Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon,
Banks, Mitts, Allen, Laurino, O'Connor, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore - 44.
Quorum present.
P l e d g e Of A l l e g i a n c e .
Alderman Flores led the City Council and assembled guests in the Pledge of
Allegiance to the Flag of the United States of America.
14916
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Invocation.
Father David Farnum, Associate Pastor of Old Saint Mary's Church, opened the
meeting with prayer.
R E P O R T S A N D COMMUNICATIONS
F R O M CITY O F F I C E R S .
Rules Suspended - TRIBUTE TO LATE MR. SILAS PURNELL.
The Honorable Richard M. Daley, Mayor, presented the followdng communication:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - In conjunction wdth Alderman Lyle, I transmit
herewith a resolution honoring the life and memory of Silas Purnell.
Your favorable consideration of this resolution wdll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Alderman Lyle moved to Suspend the Rules Temporarily to permit immediate
consideration of and action upon the said proposed resolution. The motion Prevailed.
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14917
The followdng is said proposed resolution:
WHEREAS, The members ofthis chamber learned wdth great sadness that Silas
Purnell, an outstanding citizen, who devoted much of his life to community and
public servicis, passed away on November 1, 2003, at the age of 80; and
WHEREAS, Bom on March 10, 1923, Mr. Purnefl, a life-long resident ofChicago,
attended Wendell Phillips High School and received a bachelor's degree from Shell
Institute; and
WHEREAS, Mr. Purnell served with honor and distinction in the United States Air
Force where he spent three years of service in Tuskegee, Alabama; and
WHEREAS, In the 1960s, while working as a marketing manager for Coca-Cola
Bottling Company for twelve years, Mr. Purnell began volunteering wdth youth on
the side, and in 1967, he quit his job to join Ada S. McKinley Community Services,
Inc.; and
WHEREAS, Mr. Pumell founded the Ada S. McKinley college preparation and
placement program and operated it from the basement at Dearborn Homes until his
retirement in 2000. He tirelessly raised money and recruited students for the
program; and
WHEREAS, During his tenure at Ada S. McKinley, Mr. Pumell helped more than
fifty thousand young African-American men and women enroll in more than two
hundred colleges and universities throughout the country and increased the
retention rate of the students he assisted to well over fifty percent, wdth many
continuing on to receive graduate, doctorate, medical and law degrees; and
WHEREAS, Mr. Purnell used a "no nonsense" approach to education and
counseled students based on their academic and professional ambitions and gave
them the encouragement and vision to accomplish their goals. In addition to his
duties, Mr. Purnell went beyond the call of duty by helping less advantaged
students wdth anjdhing from b u s fare to eyeglasses; and
WHEREAS, Renowned for his generosity in countless civic and charitable causes,
Mr. Pumell served as a member of numerous organizations, including the National
Association of College Admission Counselors, past chairman of the Human
Relations Committee, member of the Veterans Committee, the Illinois Association
of College Admissions Counselors, the National Scholarship and Service Fund for
Negro Students, member of the Council for College Attendance, the Pullman
Foundation, the Office ofthe Superintendent of Public Instruction, board member
for the Illinois Council for Educational Services, chairman for the National
Coordinating Committee for Educational Services, the Illinois State Scholarship
Commission, the Midwest Community Councfl, the National Association for
Financial Aid to Minority Students, the Research Triangle Institute, member ofthe
14918
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
American Personnel and Guidance Association Non-White Concerns Division, the
College Entrance Examination Board, member of Midwest Association of Student
Financial Aid Opportunity Program Personnel, founder of Principal Scholars
Program, Olive Harvey Community College, the Chicago City Colleges Caireer Center,
chairman of the nominating committee for the Chicago City College Board of
Trustees, member of the Chicago Urban League, board member of the Boys and
Girls Club of Chicago, member of the Illinois Concerned Blacks in Higher
Education, member ofthe Wendell Phillips High School Hall of Fame and Alumni,
and member of Mid America Association of Educational Opportunity Program
Personnel; and
WHEREAS, Mr. Purnell wdll be remembered as an inspiring and dedicated leader
in the community, whose determination helped and encouraged thousands of
African-American youth to pursue their dreams and ambitions; and
WHEREAS, The passing ofthis devoted husband and loving father wdll be deeply
felt by his family and friends, especially his wdfe of fifty-seven years, Marilyn; his
daughters, Rosalind, Rolinda and Donna; his son, Ronald; his stx grandchildren; his
five great-grandchildren; his sister, Jean; his brother, Morris; and a host of other
relatives and friends; now, therefore,
Be It Resolved, That we, the Mayor and members of the City Council of the City
of Chicago, assembled this seventeenth day of December, 2003, do hereby
commemorate and honor Silas Purnell for all his accomplishments and do hereby
extend our deepest sympathy to his family; and
Be It Further Resolved, That a suitable copy of this resolution be presented to his
family as a token of our honor, gratitude and respect.
On motion of Alderman Lyle, seconded by Alderman Preckwinkle, Beavers and
Troutman, the foregoing proposed resolution was Adopted by yeas and nays as
follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Badcer, Cardenas, Olivo, Burke, T. Thomas, Colemem, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore - 48.
Nays — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost.
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14919
At this point in the proceedings, The Honorable Richard M. Daley, Mayor, rose and
on behalf of the people of Chicago, extended condolences to the family of Mr. Silas
Purnell. Hailing Mr. Pumell as "an extraordinary person". Mayor Daley declared it is
not the public figures who gamer media attention that tmly represent Chicago, rather
it is Mr. Silas Pumell who was "dedicated to improving the quality of life of people" in
his owm community and in the city. Those who seek to become active in municipal
affairs need only look to Mr. Silas Purnell for example and inspiration, the Mayor
continued, marveling at the tens of thousands of lives upon which he had a direct and
positive impact. Mr. Silas Purnell demonstrated that one person can "make a
difference", the Mayor stated, and declared Mr. Silas Purnell a "role model for all of
us".
Mayor Daley then left the Mayor's rostrum and strode to the Commissioners' gallery
where he extended his personal condolences to the family of Mr. Silas Purnell and
presented them wdth a parchment copy of the memorial resolution.
Rules Suspended - DEPUTY POLICE CHIEF RALPH CHICZEWSKI AND
MR. WILLIAM HYLES HONORED FOR HEROIC ACTIONS IN
APPREHENSION OF VIOLENT OFFENDER.
The Honorable Richard M. Daley, Mayor, presented the followdng communication:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I transmit herewith a congratulatory resolution
concerning the Chicago Police Department.
Your favorable consideration of this resolution will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
14920
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Alderman Burke moved to Suspend the Rules Temporarily to permit immediate
consideration of and action upon the said proposed resolution. The motion Prevailed.
The followdng is said proposed resolution:
WHEREAS, Outstanding bravery exhibited by Chicago Police Deputy Chief Ralph
Chiczewski (Star Number 414) and Chicago-area resident Willie Hyles on J u n e 3,
2003, led to the capture and arrest of a man who attempted to hijack a car from a
young woman and her eight-year-old daughter; and
WHEREAS, At approximately 7:00 P.M. on J u n e 3, 2003, the young mother was
parking her car in front of her house on the 2900 block of West Polk Street when a
man ran up to her vehicle and attempted to open the car door; and
WHEREAS, The suspect, who was attempting to flee an armed robbery he had just
committed, brandished a .25 caliber semi-automatic pistol, pointed it at the
woman's head and yelled at her to get out of the vehicle; and
WHEREAS, Fearing for her safety and the safety of her eight-year-old daughter
who was also in the car, the woman sped off, while her uncle, Willie Hyles, who
heard the commotion, came running to her aid and attempted to follow the suspect;
and
WHEREAS, Mr. Hyles found the suspect just dowm the block, attempting to flag
dowm other vehicles, while Deputy Chief Chiczewski, who was driving nearby and
had monitored the call ofthe hijacking, saw a man fitting the offender's description
and approached him; and
WHEREAS, Uncertain of the suspect's involvement in the carjacking, Mr. Hyles
and Deputy Chief Chiczewski talked to the suspect, who suddenly became very
nervous and tried to flee; and
WHEREAS, Mr. Hyles then attempted to apprehend the suspect, but the suspect
struggled with Mr. Hyles and began to reach into his pocket for his pistol; and
WHEREAS, Deputy Chief Chiczewski quickly drew his weapon and before the
suspect had the chance to fire his gun, Deputy Chief Chiczewski ordered the man
to drop the gun and get on the ground; and
WHEREAS, With the assistance of Mr. Hyles and wdthout a shot being fired, the
suspect was placed under arrest, and the fully-loaded .25 caliber semi-automatic
pistol was recovered; and
WHEREAS, Following an investigation, the offender was charged wdth attempted
aggravated vehicular hijacking, unlawdul use of a weapon and armed robbery; and
12/17/2003
COMMUNICATIONS, ETC.
14921
WHEREAS, The courage exhibited by Deputy Chief Chiczewski and Wflliam Hyles,
while risking their owm safety, have eamed them the respect and admiration of all
Chicagoans; and
WHEREAS, Deputy Chief Chiczewski and William Hyles deserve praise for
capturing this dangerous criminal and protecting this victim and community; now,
therefore,
Be It Resolved, That we, the Mayor and members ofthe City Council ofthe City
of Chicago, assembled this seventeenth day of December, 2003, do hereby take
great pleasure in honoring Deputy Chief Chiczewski and William Hyles for their
heroic actions; and
Be It Further Resolved, That suitable copies of this resolution be presented to
Deputy Chief Chiczewski and William Hyles as a token of our esteem; and
Be It Further Resolved, That suitable copies of this resolution be placed in
Deputy Chief Chiczewski's personnel file.
On motion of Alderman Burke, seconded by Alderman Haithcock, Solis, Ocasio,
Carothers, Suarez, Mitts, Allen, O'Connor and M. Smith, the foregoing proposed
resolution was Adopted by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Tillman, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost.
At this point in the proceedings. The Honorable Richard M. Daley, Mayor, rose and
on behalf of the people of Chicago, congratulated Deputy Police Chief Ralph
Chiczewski and Mr. William Hyles on their apprehension of a dangerous offender.
Deputy Chief Chiczewski epitomizes the dedicated professionalism of Chicago's police
officers and Mr. Hyles demonstrated Chicagoans'readiness to help others, the Mayor
declared, then noted that more importantly, their action was tangible evidence ofthe
success that flows from cooperation between police and the community. After
recognizing the presence in the visitors' gallery of the families and friends of the
honorees. Mayor Daley invited Deputy Police Chief Ralph Chiczewski and Mr. William
Hyles to the Mayor's rostrum where he presented each a parchment copy of the
congratulatory resolution.
14922
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Rules Suspended - CHICAGO FIRE DEPARTMENT DEPUTY DISTRICT
CHIEF EDMUND ENRIGHT AND MEMBERS OF ENGINE
COMPANY 8, TRUCK COMPANY 4 AND ENGINE
COMPANY 18 HONORED FOR BRAVERY,
PROFESSIONALISM AND TEAMWORK.
The Honorable Richard M. Daley, Mayor, presented the followdng communication:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - In conjunction with Alderman SoUs, I transmit
herewdth a congratulatory resolution concerning the Chicago Fire Department.
Your favorable consideration of this resolution wdll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Alderman Burke moved to Suspend the Rules Temporarily to permit immediate
consideration of and action upon the said proposed resolution. The motion Prevailed.
The followdng is sadd proposed resolution:
WHEREAS, On November 14, 2003, at 3:05 in the morning, Engine 8 of the
Chicago Fire Department responded to a report of a car on fire at 19* and Peoria
Streets; and
WHEREAS, The first-arriving unit quickly reported that the fire had advanced from
the vehicle into a three-story factory building and was racing through the structure,
and while additional units were called for. Engine 18, Truck 4 and other units ofthe
12/17/2003
COMMUNICATIONS, ETC.
14923
P ' District were among the first companies to respond; and
WHEREAS, Fueled by combustible materials in the building and by serious wdnd
conditions, the fire increased rapidly and, despite the determined and sustained
efforts of a battery of fire personnel and all the equipment that could be brought to
bear, the fire continued to rage out of control through the structure; and
WHEREAS, To the dismay of those present, the fire spread to an adjacent
warehouse building to the north and to at least one residential apartment building
to the east; and
WHEREAS, Entire blocks of nearby apartment buildings were in jeopardy as the
intense heat radiated across the streets and caused damage to fire apparatus and
neighboring houses, while threatening families on three different fronts; and
WHEREAS, As what was now one ofthe worst fires in recent history continued to
rage, the highest levels of alarm were issued, as additional fire companies from
across many areas of the city were brought in to fight the massive conflagration,
bringing wdth them many snorkel units and high-pressure, high-volume appliances
to pour thousands of gallons ofwater per minute on the fire; and
WHEREAS, The fire fighters grimly pressed on wdth their attack on the blaze,
despite smoke conditions so thick that it was difficult to locate companies and direct
or place them in an advantageous position: and
WHEREAS, Local residents, while saddened at seeing the devastation to their
community and the threat to surrounding properties, appreciated the superhuman
effort of the responding fire companies to save their neighborhood, and neighbors
were unstinting in bringing out coffee and refreshments for the emergency
personnel as the hours wore on, and assisting in any way they could; and
WHEREAS, As a result of the determined, sustained efforts of about one-half of
Chicago's on-duty firefighting force, sever ad five-story commercial structures were
saved, as well as entire blocks of residential properties, and many residents ofthe
Pilsen community; and
WHEREAS, Today we honor Engine 8, Truck 4 and Engine 18, here to represent
all ofthe nearly sixty units, and over two hundred fifty fire fighters and paramedics,
who gave their all in fighting this fire; and
WHEREAS, The remarkable poise, courage and stamina displayed by these fire
department personnel, acting in the highest traditions of the Chicago Fire
Department, are emblematic ofthe professionalism and teamwork that fire fighters
are called on to demonstrate every day; now, therefore,
Be It Resolved, That we, the Mayor and members of the City Council of the City
ofChicago, assembled this seventeenth day of December, 2003, do hereby honor:
14924
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Deputy District Chief Edmund Enright
Engine 8
Lieutenant George Conrad
Engineer Dennis Szczepaniak
Fire Fighter Thomas Distefano
Fire Fighter Roger Stapleton
Fire Fighter Scott Przislicki
Tmck 4
Lieutenant Edmund Jantz
Fire Fighter Robert Goga
Fire Fighter Joseph Ramirez
Fire Fighter Michael Browm
Fire Fighter Michael DeBella
Engine 18
Lieutenant Donald Leigh
Engineer Michael Jakaitis
Fire Fighter Lary Rybakowski
Fire Fighter Joseph Kubalanza
Fire Fighter Chris Serb
who have served the Fire Department and the citizens of Chicago wdth honor and
have earned the respect and acknowledgment of all in attendance here today; and
Be It Further Resolved, That suitable copies of this resolution be presented to
these members of the City of Chicago Fire Department and placed on permanent
record in their personnel files as a token of our esteem.
12/17/2003
COMMUNICATIONS, ETC.
14925
On motion of Alderman Burke, seconded by Aldermen Murphy, Rugai, Solis,
Carothers and Natarus, the foregoing proposed resolution was Adopted by yeas and
nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost.
At this point in the proceedings. The Honorable Richard M. Daley, Mayor, rose and
on behalf of the people of Chicago, thanked all who fought one of the worst fires in
recent Chicago history. Lauding the fire fighters for their professionalism, discipline
and teamwork, Mayor Daley declared his conviction that Chicago has "the best Fire
Department not only in this country but in the world". After recognizing the presence
in the visitors' gallery ofthe fire fighters' families and friends. Mayor Daley invited the
honorees to the Mayor's rostrum where he expressed his personal thamks and
presented each wdth a parchment copy of the congratulatory resolution.
Referred - REAPPOINTMENT OF MS. MARISEL A. HERNANDEZ
AS MEMBER OF CHICAGO - GARY REGIONAL
AIRPORT AUTHORITY.
The Honorable Richard M. Daley, Mayor, submitted the followdng communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Aviation:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
14926
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
LADIES AND GENTLEMEN - I have reappointed Marisel A. Hernandez as a
member of the Chicago-Gary Regional Airport Authority to a term effective
immediately and expiring December 3 1 , 2007.
Your favorable consideration ofthis reappointment will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
i?e/erred - REAPPOINTMENT OF MR. EARL L. NEAL
AS MEMBER OF CHICAGO - GARY REGIONAL
AIRPORT AUTHORITY.
The Honorable Richard M. Daley, Mayor, submitted the followdng communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Aviation:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have reappointed Earl L. Neal as a member of the
Chicago-Gary Regional Airport Authority to a term effective immediately and
expiring December 3 1 , 2009.
Your favorable consideration of this reappointment wdll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
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14927
i?e/erred - APPOINTMENT OF MS. JACQUELINE P. KING
AS DIRECTOR OF GRAPHICS AND
REPRODUCTION CENTER.
The Honorable Richard M. Daley, Mayor, submitted the followdng communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on the Budget and Govemment Operations:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have appointed Jacqueline P. King as Director of
the Graphics and Reproduction Center.
Your favorable consideration of this appointment wdll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPOINTMENT OF CARMELO VARGAS AS
COMMISSIONER OF HUMAN SERVICES.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on the Budget and Govemment Operations:
14928
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2 0 0 3 .
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have appointed Carmelo Vargas a s Commissioner
of H u m a n Services.
Your favorable consideration of t h i s a p p o i n t m e n t wdll be appreciated.
Very t m l y y o u r s ,
(Signed)
RICHARD M. DALEY,
Mayor.
i?e/erred - R E A P P O I N T M E N T O F R E V E R E N D L U C I U S HALL AS
M E M B E R AND CHAIRMAN O F P E R S O N N E L B O A R D .
The Honorable Richard M. Daley, Mayor, s u b m i t t e d t h e following c o m m u n i c a t i o n
w h i c h w a s , at t h e r e q u e s t of two a l d e r m e n p r e s e n t (under t h e provisions of Council
Rule 43), Referred to the Committee on Finance:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2 0 0 3 .
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have r e a p p o i n t e d Reverend Lucius Hall a s a
m e m b e r a n d C h a i r m a n of t h e Personnel Board to a t e r m effective immediately a n d
12/17/2003
COMMUNICATIONS, ETC.
14929
expiring J u l y 19, 2 0 0 8 .
Your favorable consideration of t h i s r e a p p o i n t m e n t will be appreciated.
Very truly y o u r s ,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - A P P O I N T M E N T O F MR. K E N N E T H A. CLARKE AS
M E M B E R O F CULTURAL AFFAIRS ADVISORY B O A R D .
T h e Honorable Richard M. Daley, Mayor, s u b m i t t e d t h e following c o m m u n i c a t i o n
w h i c h w a s , at t h e r e q u e s t of two a l d e r m e n p r e s e n t (under t h e provisions of Council
Rule 43), Referred to the Committee on Special E v e n t s a n d Cultural Affairs:
OFFICE OF THE MAYOR
CITY OF CHICAGO
D e c e m b e r 17, 2 0 0 3 .
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I h a v e appointed K e n n e t h A. Clarke a s a m e m b e r of
t h e C u l t u r a l Affairs Advisory Board to a t e r m effective immediately a n d expiring
March 2 0 , 2 0 0 5 , to s u c c e e d Paul H. Dykstra, w h o s e t e r m expired.
Your favorable consideration of t h i s a p p o i n t m e n t wdll be appreciated.
Very truly y o u r s ,
(Signed)
RICHARD M. DALEY,
Mayor.
14930
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
i?e/erred - APPOINTMENT OF MR. ORBERT DAVIS AS MEMBER
OF CULTURAL AFFAIRS ADVISORY BOARD.
The Honorable Richard M. Daley, Mayor, submitted the followdng communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Special Events and Cultural Affairs:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have appointed Orbert Davis as a member of the
Cultural Affairs Advisory Board to a term effective immediately and expiring
March 20, 2006, to succeed Dr. Gustavo R. Valadez-Ortiz, who resigned.
Your favorable consideration of this appointment wdll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPOINTMENT OF MR. PETER W. ENGLAND AS
MEMBER OF CULTURAL AFFAIRS ADVISORY BOARD.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Special Events and Cultural Affairs:
12/17/2003
COMMUNICATIONS, ETC.
14931
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have appointed Peter W. England as a member of
the Cultural Affairs Advisory Board to a term effective immediately and expiring
March 20, 2006, to succeed James N. Wood, whose term expired.
Your favorable consideration ofthis appointment wdll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPOINTMENT OF MS. BARBARA F. GAINES
AS MEMBER OF CULTURAL AFFAIRS
ADVISORY BOARD.
The Honorable Richard M. Daley, Mayor, submitted the followdng communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Special Events and Cultural Affairs:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have appointed Barbara F. Gaines as a member of
the Cultural Affairs Advisory Board to a term effective immediately and expiring
14932
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
March 20, 2004, to succeed Ellen S. Alberding, whose term expired.
Your favorable consideration of this appointment wdll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPOINTMENT OF MS. JACKIE TAYLOR AS MEMBER
OF CULTURAL AFFAIRS ADVISORY BOARD.
The Honorable Richard M. Daley, Mayor, submitted the followdng communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Special Events and Cultural Affairs:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have appointed Jackie Taylor as a member of
the Cultural Affairs Advisory Board to a term effective immediately and expiring
March 20, 2005, to succeed Jessie A. Woods, whose term expired.
Your favorable consideration of this appointment will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
12/17/2003
COMMUNICATIONS, ETC.
14933
Referred - REAPPOINTMENT OF VARIOUS INDIVIDUALS AS
MEMBERS OF CULTURAL AFFAIRS ADVISORY
BOARD FOR TERMS EXPIRING
MARCH 20, 2 0 0 4 .
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Special Events and Cultural Affairs:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have reappointed as members of the Cultural
Affairs Advisory Board to terms effective immediately and expiring March 20, 2004:
Abena Joan P. Brown;
WflUam C Campbefl;
Sondra Berman Epstein; and
Carlos E. Tortolero.
Your favorable consideration of these reappointments will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
14934
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
i?e/erred - REAPPOINTMENT OF VARIOUS INDIVIDUALS AS
MEMBERS OF CULTURAL AFFAIRS ADVISORY
BOARD FOR TERMS EXPIRING
MARCH 20, 2 0 0 5 .
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, at the request of two aldermen present (under the provisions of Council
Rule 43), Referred to the Committee on Special Events and Cultural Affairs:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have reappointed as members of the Cultural
Affairs Advisory Board to terms effective immediately and expiring March 20, 2005:
Amina J. Dickerson;
Judith R. Kirshner;
Thomas J. Murphy;
Gail C Moss; and
Rita Simo.
Your favorable consideration of these reappointments will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
12/17/2003
COMMUNICATIONS, ETC.
14935
i?e/erred - REAPPOINTMENT OF VARIOUS INDIVIDUALS AS
MEMBERS OF CULTURAL AFFAIRS ADVISORY
BOARD FOR TERMS EXPIRING
MARCH 2 0 , 2 0 0 6 .
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, at the request of two addermen present (under the provisions of Council
Rule 43), Referred to the Committee Special Events and Cultural Affairs:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - I have reappointed as members of the Cultural
Affairs Advisory Board to terms effective immediately and expiring March 20, 2006:
Lester L. Barclay;
Geraldine de Haas;
David R. Mosena;
Willie K. Moy; and
Bemard Sahlins.
Your favorable consideration of these reappointments will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
14936
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
i?e/erred - AMENDMENT OF TITLE 1, CHAPTER 4 OF MUNICIPAL
CODE OF CHICAGO BY ADDITION OF NEW SECTION 125
CONCERNING PENALTIES FOR FAILURE TO
OBTAIN REQUIRED CITY OF CHICAGO
LICENSES OR PERMITS.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on License and Consumer Protection:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Corporation Counsel, I transmit
herewith an ordinance amending Chapter 1-4 of the Municipal Code regarding
restitution.
Your favorable consideration ofthis ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AMENDMENT OF TITLE 2, CHAPTER 8 0 , SECTION 5 5
OF MUNICIPAL CODE OF CHICAGO BY WAIVER OF
TRANSACTION FEES FOR INTERNET PAYMENTS
OF PARKING OR COMPLIANCE VIOLATIONS.
The Honorable Richard M. Daley, Mayor, submitted the following communication
12/17/2003
COMMUNICATIONS, ETC.
14937
which was, together with the proposed ordinance transmitted therewith, Referred to
the Committee on Finance:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Director ofRevenue, I transmit
herewith an ordinance amending Section 2-80-055 ofthe Municipal Code regarding
Intemet convenience fees.
Your favorable consideration ofthis ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AMENDMENT OF TITLE 3 , CHAPTER 4, SECTIONS 186
AND 2 0 0 OF MUNICIPAL CODE OF CHICAGO REGARDING
PENALTIES FOR LATE FILING OF REQUIRED
TAX OR REMITTANCE RETURNS.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith, Referred to
the Committee on Finance:
14938
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Director ofRevenue, I transmit
herewith an ordinance amending Chapter 3-4 ofthe Municipal Code regarding the
late tax filing penalty.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AUTHORIZATION FOR ISSUANCE OF CITY OF CHICAGO
2 0 0 4 GENERAL OBLIGATION TENDER NOTES.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on Finance:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
12/17/2003
COMMUNICATIONS, ETC.
14939
LADIES AND GENTLEMEN - At the request of the City ComptroUer, I transmft
herewith an ordinance authorizing the issuance of 2004 general obligation tender
notes.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AMENDMENT OF PRIOR ORDINANCE WHICH ESTABLISHED
PARKING RATES FOR MILLENNIUM PARK GARAGE.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, togetherwith the proposed ordinance transmitted therewith. Referred to
the Committee on Finance:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Director ofRevenue, I transmit
herewith an ordinance amending parking rates at the Millennium Park Garage.
Your favorable consideration ofthis ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
14940
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
i?e/erred - AUTHORIZATION FOR ASSIGNMENT OF GENERAL
PARTNERSHIP INTEREST IN PARKSIDE TERRACES
LIMITED PARTNERSHIP TO PARKSIDE
TERRACE APARTMENTS, L.L.C.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on Finance:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I
transmit herewith an ordinance authoring a transfer of general partnership interest
in Parkside Tenace Apartments.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AUTHORIZATION FOR CLASS L TAX INCENTIVE
DESIGNATION FOR STEVENS BUILDING AT
17 NORTH STATE STREET.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on Finance:
12/17/2003
COMMUNICATIONS, ETC.
14941
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and
Development, I transmit herewith an ordinance authorizing a Class L designation
for the Stevens Building.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - DESIGNATION OF THEATRE DREAMS CHICAGO L.L.C. AS
PROJECT DEVELOPER, APPROVAL FOR SALE OF CITY-OWNED
PROPERTY AT 175 NORTH STATE STATE STREET AND
AUTHORIZATION FOR EXECUTION OF
REDEVELOPMENT AGREEMENT.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith, Referred
to the Committee on Finance:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
14942
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and
Development, I transmit herewith an ordinance authorizing a sale of property at 175
North State to Theatre Dreams Chicago L.L.C.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPROYAL FOR ACQUISITION OF DUTY FREE AMERICAS,
INC. BY DUTY FREE ACQUISITION HOLDINGS, INC. AND
TRANSMITTAL OF PROPOSAL FOR CONCESSION
DEVELOPER/MANAGER FOR CHICAGO
O'HARE INTERNATIONAL AIRPORT
TERMINAL NUMBER 5.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith, Referred to
the Committee on Aviation:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Commissioner of Aviation, I
12/17/2003
COMMUNICATIONS, ETC.
14943
transmit herewith an ordinance authorizing consent to new ownership of O'Hare
concessionaire Duty Free Americas, Inc.
Your favorable consideration of this ordinance will be appreciated.
Also
transmitted herewith for information purposes is a Request for Proposal for
Concession Developer/Manager for O'Hare Terminal 5.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AUTHORIZATION FOR EXECUTION OF CONCESSION
LICENSE AGREEMENT WITH CHICAGO HISTORICAL
SOCIETY AT CHICAGO O'HARE
INTERNATIONAL AIRPORT.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on Aviation:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Commissioner of Aviation, I
transmit herewith an ordinance authorizing the execution ofa license agreement for
O'Hare concession space with the Chicago Historical Society.
14944
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Your favorable consideration of this ordinance wfll be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AMENDMENT OF YEAR XXIX COMMUNITY DEVELOPMENT
BLOCK GRANT ORDINANCE TO PROVIDE FUNDING FOR
PUBLIC SERVICE PROJECTS ADMINISTERED BY
DEPARTMENT OF HUMAN SERVICES.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on the Budget and Govemment Operations:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Budget Director, I transmft
herewith an ordinance adjusting the Year XXIX Community Development Block
Grant delegate agency awards.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
12/17/2003
COMMUNICATIONS, ETC.
14945
i?e/erred - AMENDMENT OF YEAR XXX COMMUNITY DEVELOPMENT
BLOCK GRANT ORDINANCE TO PROVIDE FUNDING FOR
PUBLIC SERVICE PROJECTS ADMINISTERED BY
VARIOUS MUNICIPAL AGENCIES.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on the Budget and Govemment Operations:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Budget Director, I transmit
herewith an ordinance adjusting the Year XXX Community Development Block
Grant delegate agency awards.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AUTHORIZATION FOR ALLOCATION OF EMPOWERMENT
ZONE/ENTERPRISE COMMUNITY GRANT FUND FOR POTENTIAL
REMEDIATION AND CLEAN-UP OF PROPERTIES
AT 3 1 1 6 - 3 1 5 6 WEST LAKE STREET AND
2 1 2 - 2 1 8 NORTH ALBANY AVENUE
FOR BENEFIT OF BEIDLER
ELEMENTARY SCHOOL.
The Honorable Richard M. Daley, Mayor, submitted the following communication
14946
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
which was, together with the proposed ordinance transmitted therewith, Referred to
the Committee on the Budget and Govemment Operations:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Executive Director of the
Chicago Empowerment Zone, I transmit herewith an ordinance authorizing funding
for an urban agriculture project for the Beidler Elementary School.
Your favorable consideration ofthis ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AUTHORIZATION FOR EXECUTION OF CREDIT COUNSELING
AGREEMENTS WITH VARIOUS INSTITUTIONS IN ACCORDANCE
WITH 3 1 1 HOMEOWNERSHIP PRESERVATION PROGRAM.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith. Referred to
the Committee on the Budget and Govemment Operations:
12/17/2003
COMMUNICATIONS, ETC.
14947
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I
transmit herewith an ordinance establishing the 311 Homeownerhship Preservation
program.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AUTHORIZATION FOR INSTALLATION OF
WATER MAINS AT VARIOUS LOCATIONS.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, togetherwith the proposed orders transmitted therewith. Referred to the
Committee on the Budget and Govemment Operations:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
14948
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
LADIES AND GENTLEMEN - At the request of the Budget Director, I transmft
herewith various water main orders.
Your favorable consideration of these orders will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AUTHORIZATION FOR EXECUTION OF TRUST AGREEMENTS
WITH VARIOUS MUNICIPAL DEPOSITORIES AND PROVISION OF
INDEMNITIES REQUIRED BY POLLUTION CONTROL
BOARD FOR ENVIRONMENTAL REMEDIATION
PROJECTS ON CITY SITES.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith, Referred to
the Committee on Energy, Environmental Protection and Public Utilities:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Commissioner of Environment
and the Commissioner of Planning and Development, I transmit herewith an
ordinance authorizing the execution of trust agreements in conjunction with
environmental cleanup projects.
12/17/2003
COMMUNICATIONS, ETC.
14949
Your favorable consideration ofthis ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPROVAL FOR SALE OF CITY-OWNED PROPERTIES
WITHIN 49™/ST. LAWRENCE TAX INCREMENT FINANCING
REDEVELOPMENT PROJECT AREA TO AND
AUTHORIZATION FOR EXECUTION OF
, REDEVELOPMENT AGREEMENT
WITH CONSTRUCTION TRADE
ASSOCIATES, INC.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, togetherwith the proposed ordinance transmitted therewith. Referred to
the Committee on Housing and Real Estate:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and
Development, I transmit herewith an ordinance authorizing a sale of city-owned
property to Construction Trade Associates, Inc.
14950
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - AMENDMENT OF PRIOR ORDINANCE WHICH APPROVED
CONVEYANCE OF CITY-OWNED PROPERTY AT 4 7 3 8 - 4 7 5 0
NORTH WINTHROP AVENUE TO AND AUTHORIZED
REDEVELOPMENT AGREEMENT WITH O'FLAHERTY
BUILDERS, INC. IN ACCORDANCE
WITH CHICAGO PARTNERSHIP
FOR AFFORDABLE
NEIGHBORHOODS
PROGRAM.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, togetherwith the proposed ordinance transmitted therewith. Referred to
the Committee on Housing and Real Estate:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I
transmit herewith an ordinance authorizing an amendment ,to the terms of a
conveyance of property at 4738 — 4750 North Winthrop Avenue to O'Flaherty
Builders, Inc.
12/17/2003
COMMUNICATIONS, ETC.
14951
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPROVAL FOR SALE OF CITY-OWNED PROPERTY AT
12046 SOUTH NORMAL AVENUE TO AND AUTHORIZATION
FOR EXECUTION OF REDEVELOPMENT AGREEMENT
WITH MR. J O S E P H M. RUZEVICH IN
ACCORDANCE WITH PRESERVING
COMMUNITIES TOGETHER
PROGRAM.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, togetherwith the proposed ordinance transmitted therewith. Referred to
the Committee on Housing and Real Estate:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I
transmit herewith an ordinance authorizing a transfer of property at 12046 South
Normal Avenue to Joseph M. Ruzevich.
14952
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Your favorable consideration ofthis ordinance will be appreciated.
Very tmly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - APPROVAL FOR SALE OF CITY-OWNED PROPERTY AT
10924 SOUTH WABASH AVENUE TO AND AUTHORIZATION
FOR EXECUTION OF REDEVELOPMENT AGREEMENT
WITH MR. WILLIAM ARTIS IN ACCORDANCE
WITH PRESERVING COMMUNITIES
TOGETHER PROGRAM.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, togetherwith the proposed ordinance transmitted therewith. Referred to
the Committee on Housing and Real Estate:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I
transmit herewith an ordinance authorizing a transfer of property at 10924 South
Wabash Avenue to William Artis.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
12/17/2003
COMMUNICATIONS, ETC.
14953
i?e/erred - APPROVAL FOR ACQUISITION OF PROPERTIES FOR
BENEFIT OF MIDWEST TAX INCREMENT FINANCING
REDEVELOPMENT PROJECT AREA.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, togetherwith the proposed ordinance transmitted therewith, Referred to
the Committee on Housing and Real Estate:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and
Development, I transmit herewith an ordinance authorizing the acquisition of
vacant parcels at 2606 — 2630 West Monroe Street.
Your favorable consideration of this ordinance will be appreciated.
Very tmly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - ACCEPTANCE OF BID FROM KERALITE OIL, INC. FOR
PURCHASE OF CITY-OWNED PROPERTY AT 4 8 1 0 - 4 8 2 6
SOUTH COTTAGE GROVE AVENUE AND 4 8 1 9 - 4 8 2 7
SOUTH EVANS AVENUE.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinance transmitted therewith, Referred to
the Committee on Housing and Real Estate:
14954
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and
Development, I transmit herewith an ordinance authorizing a sale of property at
4810 - 4826 South Cottage Grove Avenue and 4819 - 4827 South Evans Avenue
to Keralite Oil, Inc.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
Referred - ACCEPTANCE OF BIDS AND APPROVAL FOR
SALE OF VARIOUS CITY-OWNED PROPERTIES.
The Honorable Richard M. Daley, Mayor, submitted the following communication
which was, together with the proposed ordinances transmitted therewith. Referred
to the Committee on Housing and Real Estate:
OFFICE OF THE MAYOR
CITY OF CHICAGO
December 17, 2003.
To the Honorable, The City Council of the City of Chicago:
12/17/2003
COMMUNICATIONS, ETC.
14955
LADIES AND GENTLEMEN - At the request ofthe Commissioner of Planning and
Development, I transmit herewith ordinances authorizing sales of city-owned
property.
Your favorable consideration of these ordinances will be appreciated.
Very tmly yours,
(Signed)
RICHARD M. DALEY,
Mayor.
C i t y C o u n c i l I n f o r m e d As T o M i s c e l l a n e o u s
D o c u m e n t s Filed In C i t y C l e r k ' s OfElce.
The Honorable James J. Laski, City Clerk, informed the City Council ,that
documents have been filed in his office relating to the respective subjects designated
as follows:
Placed On File - NOTIFICATION OF SALE OF CITY OF CHICAGO
COLLATERALIZED SINGLE-FAMILY MORTGAGE
REVENUE BONDS, SERIES 2 0 0 2 D .
A communication from Mr. Tariq G. Malhance, City Comptroller, under the date of
November 20, 2003, transmitting the Notification of Sale together with the Trust
Indenture, the Supplemental Trust Indenture, the Bond Purchase Agreement, the
Preliminary Official Statement and the Official Statement for the issuance, sale and
delivery of City of Chicago Single-Family Mortgage Revenue Bonds, Series 2002D,
which was Placed on File.
Placed On File - NOTIFICATION OF SALE OF CITY OF CHICAGO
GENERAL OBLIGATION BONDS (NEIGHBORHOODS
ALIVE 21 PROGRAM), SERIES 2 0 0 3 .
A communication from Mr. Tariq G. Malhance, City Comptroller, under the date of
December 3, 2003, transmitting the Notification of Sale, together with the Bond
Purchase Agreement, the Official Statement and Schedule X Terms and Authorization
for the issuance and sale of City ofChicago General Obligation Bonds (Neighborhoods
14956
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Alive 21 Program), Series 2003, which was Placed on File.
Placed On File - NOTIFICATION OF SALE OF CITY OF CHICAGO
O'HARE INTERNATIONAL AIRPORT GENERAL AIRPORT
THIRD LIEN REVENUE REFUNDING BONDS,
SERIES 2 0 0 3 D , 2 0 0 3 E AND 2 0 0 3 F .
A communication from Mr. Tariq G. Malhance, City Comptroller, under the date of
December 2, 2003, transmitting the Certificate Pursuant to Bond Ordinance together
with the Bond Purchase Agreement and the Official Statement for the issuance and
sale of City of Chicago O'Hare Intemational Airport General Airport Third Lien
Revenue Refunding Bonds, Series 2003D, 2003E and 2003F, which was Placed on
File.
C i t y C o u n c i l I n f o r m e d As T o C e r t a i n A c t i o n s
Taken.
PUBLICATION OF JOURNAL.
The City Clerk informed the City Council that all those ordinances, et cetera, which
were passed by the City Council on November 19, 2003 and which were required by
statute to be published in book or pamphlet form or in one or more newspapers, were
published in pamphlet form on December 16, 2003 by being printed in full text in
printed pamphlet copies ofthe Joumal ofthe Proceedings ofthe City Council of the
City of Chicago ofthe regular meeting held on November 19, 2003, published by
authority ofthe City Council, in accordance with the provisions ofTitle 2, Chapter 12,
Section 050 ofthe Municipal Code ofChicago, as passed on J u n e 27, 1990.
Miscellaneous Communications, Reports, Et Cetera,
Requiring Council Action (Transmitted To
C i t y C o u n c i l By C i t y Clerk).
The City Clerk transmitted communications, reports, et cetera, related to the
12/17/2003
COMMUNICATIONS, ETC.
14957
respective subjects listed below, which were acted upon by the City Council in each
case in the manner noted, as follows:
i?e/erred - ZONING RECLASSIFICATIONS OF
PARTICULAR AREAS.
Applications (in duplicate) together with the proposed ordinances for amendment
ofTitle 17 of the Municipal Code of Chicago (the Chicago Zoning Ordinance, as
amended) for the purpose of reclassifying particular areas, which were Referred to
the Committee on Zoning, as follows:
Mr. Michael Anthony — to classify as a B4-1 Restricted Service District instead of
an R4 General Residence District the area shown on Map Number 1-J bounded by:
a line 48 feet north of and parallel to West Ohio Street; the public alley next east
of and parallel to North Hamlin Avenue; West Ohio Street; and North Hamlin
Avenue.
Andres and Tereza Barajas — to classify as an R3 General Residence District
instead of a B4-2 Restricted Service District the area shown on Map Number 8-1
bounded by:
West 3 8 * Street; a line 224 feet east of and parallel to South Francisco Avenue;
the public alley next south of and parallel to West 3 8 * Street; and a line 158.4
feet east of and paraUel to South Francisco Avenue.
Bee Walt, Ltd. — to classify as a Cl-2 Restricted Commercial District instead ofan
Ml-2 Restricted Manufacturing District the area shown on Map Number l-I
bounded by:
a line 50 feet west of and parallel to North Washtnaw Avenue; West Chicago
Avenue; North Washtenaw Avenue; and the alley next south of and parallel to
West Chicago Avenue.
Ms. Laura A. Bryant — to classify as a B4-1 Restricted Service District instead of
a B2-1 Restricted Retail District the area shown on Map Number 18-E bounded by:
East 7 5 * Street; South Michigan Avenue; a line 100 feet south of and parallel to
East 75"* Street; and a line 60 feet west of and parallel to South Michigan
Avenue.
Chicago Indoor Soccer, L.L.C. — to classify as a B4-4 Restricted Service District
instead of an M2-4 General Manufacturing District and further, to classify as a
14958
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Business Planned Development instead of a B4-4 Restricted Service District the
area showm on Map Number 10-H bounded by:
West Pershing Road; South Ashland Avenue; a line 340 feet south of and parallel
to West Pershing Road; a line 190 feet west of and parallel to South Ashland
Avenue; a line 473.75 feet south of and parallel to West Pershing Road; and a
line 714.11 feet west of and parallel to South Ashland Avenue.
Mr. Michael Clark, in care of Gordon 85 Pikarski — to classify as an R4 General
Residence District instead of a C l - 3 Restricted Commercial District the area showm
on Map Number 8-E bounded by:
a line 316.32 feet south of and parallel to East 3 5 * Street; the alley next east of
South Indiana Avenue; a line 341.35 feet south of and parallel to East 3 5 *
Street; and South Indiana Avenue.
Cole Taylor Bank, as trustee under Tmst Number 777, in care of Wigoda 86 Wigoda
— to classify as a C2-2 General Commercial District instead of a B4-2 Restricted
Service District the area showm on Map Number 17-1 bounded by:
a line 82 feet north of West Coyle Avenue; North Western Avenue; West Coyle
Avenue; and the alley next west of North Westem Avenue.
Cottage View Terrace, L.P. — to classify as a B4-3 Business Service District instead
ofan R5 General Residence District the area showm on Map Number 12-D bounded
by:
East 4 8 * Street; a line 112.17 feet east of and parallel to South Cottage Grove
Avenue running south for a distance of 191.00 feet; a line 191.00 feet south of
and parallel to East 4 8 * Street running east for a distance of 28.00 feet; the
north/south public alley east of and parallel to South Cottage Grove Avenue
running south for a distance of 215.89 feet; a line 406.89 feet south of and
parallel to East 4 8 * Street running west for a distance of 28.00 feet; a line
112.17 feet east of and parallel to South Cottage Grove Avenue m n n i n g south
for a distance of 190.00 feet; East 4 9 * Street; and South Cottage Grove Avenue
to the point of beginning.
Mr. Patrick Degan, Ms. Janice Degan, Mr. Robert Stacey and Ms. Leona Stacey —
to classify as a B4-3 Restricted Service District instead of an M2-4 General
Manufacturing District and further, to classify as a Business Planned Development
instead ofa B4-3 Restricted Service District the area shown on Map Number 10-H
bounded by:
West Pershing Road; a line 418.24 feet east of and parallel to South Western
12/17/2003
COMMUNICATIONS, ETC.
14959
Boulevard; the northeasterly right-of-way line of the former Chicago River and
Indiana Railroad; a line 107.75 feet south of and parallel to West Pershing Road;
and South Western Boulevard.
Elston Development, L.L.C, in care of Mr. James J. Banks — to classify as a
Business Planned Development instead of an M3-3 Heavy Manufacturing District,
a B5-1 General Service District, a C3-3 Commercial Manufacturing District and an
R3 General Residence District the area shown on Map Number 5-H bounded by:
North Elston Avenue; the west right-of-way line ofthe Chicago 86 Northwestern
Railway; a line 161.75 feet northwest of the intersection of West Armitage
Avenue and North Holly Avenue, as measured at that easterly right-of-way of
North Holly Avenue and perpendicular thereto; the easterly right-of-way line of
North Holly Avenue; West Armitage Avenue; the easterly right-of-way line ofthe
Chicago 86 Northwestern Railway; a line 157.25 feet northwest ofthe intersection
of West Armitage Avenue and North Holly Avenue, as measured at the westerly
right-of-way line of North Holly Avenue and perpendicular thereto; North Holly
Avenue; a line 192.25 feet northwest ofthe intersection of West Armitage Avenue
and North Holly Avenue, as measured at the westerly right-of-way line and
perpendicular thereto; the easterly right-of-way Une of the Chicago 86
Northwestern Railway; the easterly right-of-way line of North Wood Street; and
a line 210.29 feet southeast of the intersection of West Webster Avenue and
North Elston Avenue, as measured at the southwesterly right-of-way line of
North Elston Avenue and perpendicular thereto.
Elysian Development Group, L.L.C. — to classify as a Residential Planned
Development instead of a B7-6 General Central Business District the area shown
on Map Number 3-E bounded by:
East Walton Street; North Rush Street; the alley next south of and parallel to
East Walton Street; a line 137.23 feet east of and parallel to North State Street;
East Delaware Place; and North State Street.
Ms. Ada Doris Gonzalez — to classify as an R4 General Residence District instead
of an R3 General Residence District the area showm on Map Number 5-1 bounded
by:
a line 298 feet south of and parallel wdth West Wabansia Avenue; North
Campbell Avenue; a line 394 feet south of and parallel with West Wabansia
Avenue; and the public alley next west of and parallel wdth North Campbell
Avenue.
Ms. Catherine Haskins — to classify as a Cl-2 Restricted Commercial District
instead of an R3 General Residence District and a Cl-2 Restricted Commercial
14960
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
District the area shown on Map Number 14-F bounded by:
a line 470.50 feet north of and parallel with West 59* Street; South State Street;
a line 370.28 feet north of and parallel with West 5 9 * Street; and a Une 180 feet
west of and parallel wdth South State Street.
Home Depot U.S.A., Inc. — to classify as a C3-1 Commercial-Manufacturing
District instead of an M2-3 General Manufacturing District and further, to classify
as a Business Planned Development instead of a C3-1 Commercial-Manufacturing
District the area shown on Map Number 10-H bounded by:
that part ofthe southwest quarter ofSection 6, Towmship 38 North, Range 14,
East of the Third Principal Meridian, described as follows:
beginning at the southwest comer of Lot 36 in the subdivision of the south
5 acres of the southwest quarter of the southwest quarter; thence north
00 degrees, 01 minutes, 36 seconds west, 131.00 feet; thence north
89 degrees, 41 minutes, 05 seconds west, 0.70 feet; thence north 00 degrees,
01 minutes, 36 secondswest, 40.85 feet; thence north 89 degrees, 41 minutes,
05 seconds west, 140.30 feet; thence north 00 degrees, 01 minutes, 36
seconds west, 973.50 feet; thence south 89 degrees, 36 minutes, 37 seconds
east, 344.25 feet to a point of curvature; thence easterly and northeasterly
along a curve concave northwesterly tangent to the last described
course, having a radius of 322.70 feet, a chord bearing of north 79
degrees, 29 minutes, 31 seconds east, a chord length of 122.02 feet, and
arch length of 122.75 feet; thence south 00 degrees, 04 minutes, 09 seconds
east, 238.39 feet; thence north 89 degrees, 38 minutes, 50 seconds west, 4.00
feet; thence south 13 degrees, 10 minutes, 58 seconds west, 122.15 feet;
thence south 14 degrees, 32 minutes, 23 seconds west, 145.71 feet; thence
south 14 degrees, 32 minutes, 15 seconds west, 84.26 feet; thence
south 00 degrees, 04 minutes, 09 seconds east, 456.42 feet; thence south 89
degrees, 41 minutes, 45 seconds east, 2.50 feet; thence south 00 degrees, 06
minutes, 16 seconds west, 131.00 feet; thence north 89 degrees, 41 minutes,
05 seconds west, 236.20 feet to the point of beginning.
Baldemar and Maria Salgado — to classify as a B2-1 Restricted Retail District
instead of a B1 -1 Local Retail District the area showm on Map Number 5-K bounded
by:
West Fullerton Avenue; a line 92.24 feet east of and parallel with north Lowell
Avenue; the public alley parallel wdth and next south of West Fullerton Avenue;
and North Lowell Avenue.
Stan Properties, L.L.C, in care of Mr. J a m e s J. Banks — to classify as a B4-2
Restricted Service District instead of an R3 General Residence District the area
12/17/2003
COMMUNICATIONS, ETC.
14961
shown on Map Number 7-J bounded by:
a line 128 feet north of and parallel to West Fullerton Avenue; North Kedzie
Avenue; a line 53 feet north of and parallel to West Fullerton Avenue; and the
alley next west of and parallel to North Kedzie Avenue.
Mr. Issak Sughayar — to classify as a B4-1 Restricted Service District instead of
an R3 General Residence District the area showm on Map Number 10-F bounded by:
a line 200 feet north of West 43"^ Street; South Wentworth Avenue; a line 150
feet north of West 43'" Street; and the alley next west of South Wentworth
Avenue.
SWC 9 5 * 86 MLK, L.L.C. - to classify as a B4-1 Restricted Service District instead
of a B2-1 Restricted Retail District the area showm on Map Number 24-E bounded
by:
East 9 5 * Street; South Dr. Martin Luther King, Jr. Drive; a line 182 feet south
of and parallel to East 9 5 * Street; the alley next west of and parallel to South Dr.
Martin Luther King, Jr. Drive; the alley next south of and parallel to East 9 5 *
Street; and South Calumet Avenue.
Mr. Michael ToUefson, in care of Gordon 86 Pikarski — to classify as a Cl-2
Restricted Commercial District instead of a C1-1 Restricted Commercial District the
area shown on Map Number 9-H bounded by:
the alley next north of West Belmont Avenue; a line 120.8 feet east of and
parallel to North Oakley Avenue; West Belmont Avenue; and a line 72.8 feet east
of and parallel to North Oakley Avenue.
Mr. Richard Urso — to classify as an R4 General Residence District instead of an
R3 General Residence District the area showm on Map Number 8-F bounded by:
West 3 P ' Street; a line 25.70 feet west of and parallel to South Union Avenue;
the alley next south of and parallel to West 3 P ' Street; and a line 24.00 feet east
of and parallel to South Emerald Avenue.
Village II, L.L.C. -- to classify as a B4-3 Restricted Service District instead of a
Cl-2 Restricted Commercial District the area showm on Map Number 7-F bounded
by:
the alley next west and parallel to North Clark Street from a line 172.85 feet
north of and parallel to West Oakdale Avenue; North Clark Street; and West
Oakdale Avenue.
14962
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Mr. Peter Wydra — to classify as an R4 General Residence District instead of an
R3 General Residence District the area shown on Map Number 7-H bounded by:
West Fletcher Street; the alley next east of North Oakley Avenue; a line 45.45
feet south of West Fletcher Street; and North Oakley Avenue.
Mr. Chad Zuric, in care of Gordon 86 Pikarski — to classify as a B2-3 Restricted
Retail District instead of a Cl-2 Restricted Commercial District the area showm on
Map Number l l - I bounded by:
West Lawrence Avenue; North Talman Avenue; the alley next south of West
Lawrence Avenue; and a line 83.38 feet west of and parallel to North Talman
Avenue.
43"* 86 Pulaski, L.L.C. — to classify as a B4-1 Restricted Service District instead of
an Ml-1 Restricted Manufacturing District the area shown on Map Number 10-K
bounded by:
West 43"* Street; South Pulaski Road; West 4 4 * Street; and the pubUc alley next
west of and parallel to South Pulaski Road.
105* and Vincennes, L.L.C. — to classify as an R3 General Residence District
instead of an M2-3 General Manufacturing District and further, to classify as a
Residential Planned Development instead of an R3 General Residence District the
area shown on Map Number 26-G bounded by:
West 105* Street; South Throop Street; West 107* Street; and the eastern
boundary line of the Chicago, Rock Island and Pacific Railroad right-of-way.
1720 Superior Development, L.L.C, in care of Mr. James J. Banks — to classify
as an R4 General Residence District instead ofan R3 General Residence District the
area showm on Map Number 1-H bounded by:
the alley next north of and parallel to West Superior Street; a line 127.9 feet west
of North Paulina Street; West Superior Street; and a line 228.3 feetwest of North
Paulina Street.
3501 — 3502 Irving Park, L.L.C, in care of Mr. J a m e s J. Banks — to classify as an
R4 General Residence District instead of a B4-1 Restricted Service District the area
shown on Map Number 11-J bounded by:
the public alley next north of and parallel to West Irving Park Road; North St.
Louis Avenue; West Irving Park Road; and a line 58.70 feet west of and parallel
to North St. Louis Avenue.
12/17/2003
COMMUNICATIONS, ETC.
14963
Referred - CLAIMS AGAINST CITY OF CHICAGO.
Claims against the City of Chicago, which were Referred to the Committee on
Finance, filed by the followdng:
Alexander Conrad E., American Family Insurance Group 86 David M. Ihnat,
Andraw Myron D.;
Brown Matthew T.;
Camp-Harney Jacqueline, Catalano Leonard A., Clifton Mark S., Colon Frances,
Connolly Joyce;
DeGraff Sherwin;
Fedde Nicholas K., Feldman Daniel J.;
Hammer Aaron L.;
Langenderfer Mark D., Liberty Mutual Fire Insurance Company and Edward J.
Fitzgerald III, Lumpkins Marsha J.;
Marbach Beth M., McMiller Lisa M., Mei Ken Wu, Mohan Danyelle J.;
Nikolic Miroslav;
Palomino J u a n M., Phillos Ted, Pinto Alejandro;
Rankin Antonio A., Reznik Alexander, Roberts Purscilla A., Rodriquez Ramiro and
Maria, Rogers John H., Ruiz Pablo;
Scott Mark W., Smith J a m e s E., South Michigan Avenue, General Partnership;
Tillman Brenda M.;
Wall Jeffrey A., White Sr. Eddie L., WilUams Robert, Wflson Robert, Wojtal
Judy A.;
Zanarini Rajmiond A.;
2448 — 2450 Condominium Association, in care of Wayne Etheridge Real Estate.
14964
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
i?e/erred - RECOMMENDATION BY COMMISSION ON CHICAGO
LANDMARKS FOR DESIGNATION OF TRUSTEES SYSTEM
SERVICE BUILDING AS CHICAGO LANDMARK.
A communication from Mr. Brian Goeken, Deputy Commissioner, Department of
Planning and Development, Landmarks Division, under the date of December 11,
2003, transmitting the Commission on Chicago Landmarks' recommendation,
together wdth a proposed ordinance, for designation of the Trustees System Service
Building at 201 North Wells Street as a Chicago landmark, which was Referred to the
Committee on Historical Landmark Preservation.
REPORTS
OF
COMMITTEES.
COMMITTEE ON FINANCE.
APPOINTMENT OF MS. AVIS LA VELLE AS MEMBER
OF CHICAGO CABLE COMMISSION.
The Committee on Finance submitted the followdng report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council
Your Committee on Finance, having had under consideration a communication
recommending the appointment of Avis LaVelle as a member of the Chicago Cable
Commission, having had the same under advisement, begs leave to report and
recommend that Your Honorable Body Approve the proposed appointment
transmitted herewdth.
This recommendation was concurred in by a viva voce vote of the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
12/17/2003
REPORTS OF COMMITTEES
14965
On motion of Alderman Burke, the committee's recommendation was Concurred In
and the said proposed appointment of Ms. Avis LaVelle as a member ofthe Chicago
Cable Commission was Approved by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwdnkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
APPOINTMENT OF MR. SEAN M. NUGENT AS MEMBER O F
SOUTHWEST HOME EQUITY COMMISSION II.
The Committee on Finance submitted the followdng report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council
Your Committee on Finance, having had under consideration a communication
recommending the appointment of Sean M. Nugent as a member of the Southwest
Home Equity Commission II, having had the same under advisement, begs leave to
report and recommend that Your Honorable Body Approve the proposed
appointment transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
14966
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
On motion of Alderman Burke, the committee's recommendation was Concurred In
and the said proposed appointment of Mr. Sean M. Nugent as a member of the
Southwest Home Equity Commission II was Approved by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
AMENDMENT OF MUNICIPAL CODE OF CHICAGO BY RECONCILING
TITLE 9, CHAPTER 100, SECTION 020(c) WITH PREVIOUSLY
ADOPTED CODE AMENDMENT.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Commfttee on Finance, having had under consideration an ordinance
authorizing an amendment to Chapter 9-100-020(c) ofthe Municipal Code ofthe
City of Chicago, 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 concuned in by a viva voce vote of the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
12/17/2003
REPORTS OF COMMITTEES
14967
On motion of Aldermam Burke, the said proposed ordinance tramsmitted with the
foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore - 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
The following is said ordinance as passed:
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. Title 9, Chapter 100, Section 020 ofthe Municipal Code ofChicago
is hereby amended by deleting the dollar amount stricken through and inserting the
Code citation and doUair aimounts underscored, as follows:
9-100-020
Violation - Penalty.
•^
"k
"k
-k
ie
(c) The fines listed below shall be imposed for violation of the following sections
of the traffic code:
9-40-080
$ 50.00
9-40-170
25.00
9-40-220
25.00
9-64-125
60.00 120.00
9-76-010
25.00
9-76-020
25.00
14968
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
9-76-030
25.00
9-76-040
25.00
9-76-050
25.00
9-76-060
25.00
9-76-070
25.00
9-76-080
25.00
9-76-090
25.00
9-76-100
25.00
9-76-110(a)
25.00
9-76-120
25.00
9-76-130
25.00
9-76-140(a)
100.00
9-76-140(6)
25.00
9-76-160
25.00
9-76-170
120.00
9-76-180
25.00
9-76-190
25.00
9-76-200
25.00
9-76-210(a) and (b)
25.00
9-76-220(a) and (b)
25.00
SECTION 2. This ordinance shall be in force and effect upon its passage.
12/17/2003
REPORTS OF COMMITTEES
14969
AUTHORIZATION FOR INSTALLATION OF PLAQUE COMMEMORATING
ONE HUNDREDTH ANNIVERSARY OF IROQUOIS
THEATER FIRE.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration a resolution calling
for the installation of a plaque commemorating the one hundredth anniversary of
the Iroquois Theater fire at the site of the tragedy, having had the same under
advisement, begs leave to report and recommend that Your Honorable Body Adopt
the proposed resolution transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed resolution transmitted with the
foregoing committee report was Adopted by yeas and nays as follows:
Yeas —Aldermen Flores, Hadthcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
14970
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
The followdng is said resolution as adopted:
WHEREAS, December 30, 2003 wdll mark the one hundredth anniversary ofthe
Iroquois Theater Fire, a tragic event in the history of the City of Chicago which
claimed the lives of nearly stx hundred persons and led to major fire code reforms
nationwdde; and
WHEREAS, The Chicago City Council has been informed of this anniversary by
Alderman Edward M. Burke; and
WHEREAS, The deadly fire was sparked during a Wednesday matinee performance
when an arc Ught sputtered and ignited a strip of paint-spattered muslin on a
drape; and
WHEREAS, The flames further spread to a velvet curtain and fabric hanging above
the stage before touching off a deadly stampede toward the theater's exits, some of
which were locked to foil gate-crashers or were obscured by drapes; and
WHEREAS, The fire which engulfed the five-week old theater, located on the north
side of Randolph Street, between State and Dearborn Streets, is believed to have
taken the lives of five hundred eighty-two people, although the precise number of
persons lost in the fire has differed over time; and
WHEREAS, The deadly blaze resulted in tough, new laws calling for all doors at
theaters to be able to be pushed open from the inside and other strict new safety
standards governing public buildings; and
WHEREAS, An office building located at 32 West Randolph Street now stands on
the site of the blaze, which has stirred sorrow in the hearts of generations of
Chicagoans; and
WHEREAS, The property is owmed by a trust headed by David Kalish and the
Kalish family; and
WHEREAS, The City of Chicago wishes to pay proper tribute to the memory of all
those lost in the Iroquois Theater Fire on the occasion of the centenary of this
tragedy; now, therefore.
Be It Resolved, That we, the Mayor and the members ofthe Chicago City Council,
assembled this seventeenth day of December, 2003, do hereby call for the
installation of a plaque commemorating the one hundredth anniversary of the
Iroquois Theater Fire at a dedication ceremony to be held at the site of the tragedy;
and
12/17/2003
REPORTS OF COMMITTEES
14971
Be It Further Resolved, That a suitable copy of this resolution be presented to
David Kalish and the Kalish Family.
AUTHORIZATION FOR TRANSFER OF INVESTMENT EARNINGS
FROM CITY OF CHICAGO GENERAL OBLIGATION BONDS
(CITY COLLEGES OF CHICAGO CAPITAL IMPROVEMENT
PROJECT), SERIES 1999 TO CORPORATE FUND.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration a substitute
ordinance authorizing transfer of investment eamings from the City's General
Obligation Bonds (City Colleges of Chicago Capital Improvement Project), Series
1999 to the Corporate Fund of the City, having had the same under advisement,
begs leave to report and recommend that Your Honorable Body Pass the proposed
substitute ordinance transmitted herewith.
This recommendation was concuned in by a viva voce vote of the members of the
Committee.
Alderman Edward M. Burke abstained from voting pursuant to Rule 14 ofthe City
Council's Rules of Order and Procedure.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed substitute ordinance tramsmitted
with the foregoing committee report was Passed by yeas and nays as follows:
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JOURNAL - CITY COUNCIL - CHICAGO
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On motion of Alderman Burke, the said proposed substitute ordinance transmitted
with the foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas, Murphy,
Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett,
E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts,
Allen, Laurino, O'Connor, Doherty, Natams, Daley, Tunney, Levar, Shiller, Schulter,
M. Smith, Moore — 47.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
Alderman Burke invoked Rule 14 of the City Council's Rules of Order and
Procedure, disclosing that he had represented parties to this ordinance in previous
and unrelated matters.
The following is said ordinance as passed:
WHEREAS, The City of Chicago (the "City") is a duly constituted and existing
municipality within the meaning ofSection 1 of Article VII ofthe 1970 Constitution
of the State of Illinois (the "Constitution") having a population in excess of
twenty-five thousand (25,000) and is a home rule unit oflocal govemment under
Section 6(a) of Article VII ofthe Constitution; amd
WHEREAS, Section 10 of Article VII ofthe Constitution authorizes units oflocal
govemment to contract among themselves in any manner not prohibited by law or
ordinance and to use their credit, revenues and other resources to pay costs and to
service debt related to intergovemmental activities; and
WHEREAS, The Intergovernmental Cooperation Act of the State of Illinois, as
amended, authorizes public agencies to exercise any power or powers, privileges or
authority which may be exercised by such public agency individually to be exercised
and enjoyed jointly with any other public agency in the State of Illinois; and
WHEREAS, Pursuant to the provisions ofthe Public Community College Act, as
amended, the City constitutes one (1) community college district, which community
college district is a body politic and corporate by the name of "Community College
District November 508, Cook County, Illinois" (the "City Cofleges of Chicago")
govemed by the Board of Trustees thereof; and
WHEREAS, The provision of educational services and community college facilities
to the inhabitants of the City pertains to the govemment and affairs of the City and
is a lawful exercise of the home rule powers of the City; and
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WHEREAS, Pursuant to an ordinance adopted by the City Council ofthe City (the
"City Councfl") on September 29, 1999 and published at pages 11355 - 11388 of
the Joumal ofthe Proceedings ofthe City Council ofthe City ofChicago ior such date
(the "1999 Ordinance"), it was deemed in the best interests ofthe inhabitants ofthe
City and necessary for the welfare of the government and affairs of the City to
finance the construction of a new facility and to finance and refinance
improvements, repairs, rehabilitations and renovations to and equipment and
furnishing for the educational facilities owned or used by the City Colleges of
Chicago (the "Capital Improvement Program"); and
WHEREAS, Pursuant to the 1999 Ordinance, the City issued its General
Obligation Bonds (City Colleges of Chicago Capital Improvement Project), Series
1999 (the "Bonds") in the amount ofThree Hundred Eight Million Nine Hundred
Stxty-four Thousand Four Hundred Thirty and 80/100 Dollars ($308,964,430.80)
on November 30, 1999 for the purposes of pajdng costs ofthe Capital Improvement
Program and paying the expense of issuing the Bonds; and
WHEREAS, The City entered into a depository agreement (the "Agreement"), dated
as of November 30, 1999, with LaSalle Bank National Association, as the depository
(the "Depository"), pursuant to which the City established and created with the
Depository, the Project Fund into which a portion of the proceeds of the sale of the
Bonds were deposited and have been used for the purpose of pajdng the costs ofthe
Capital Improvement Program; and
WHEREAS, Pursuant to the Agreement, the Depository has invested the monies
held in the Project Fund and it is necessary and desirable to authorize, from time
to time, the transfer of monies (the "Investment Eamings") eamed from the
investment ofsuch monies in the Project Fund for deposit into the Corporate Fund
of the City; and
WHEREAS, Pursuant to an ordinance adopted by the City Council on July 9, 2003
and published at pages 3282 — 3393 ofthe Joumal ofthe Proceedings ofthe City
Council ofthe City ofChicago for such date (the "Central Loop Bond Ordinance"), the
City issued its General Obligation Bonds (Central Loop Redevelopment Project),
Series 2003A in the aggregate principal amount of Seventy-four Million Seven
Hundred Seventy-two Thousand Five Hundred Fifty-seven and 65/100 Dollars
($74,772,557.65) and its General Obligation Bonds (Central Loop Redevelopment
Project), Series 2003B (Taxable) in the aggregate principal amount of Sixty-two
Million Two Hundred Twenty-eight Thousand Nine Hundred Ninety-eight and
6 5 / 1 0 0 Dollars ($62,228,998.65) (coUectively, the "Central Loop Bonds") as a means
of financing certain Central Loop Redevelopment Project Area redevelopment project
costs (as defined in the Tax Increment Allocation Redevelopment Act, as amended
(the "Act") incuned pursuant to the Central Loop Redevelopment Plan; and
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JOURNAL-CITY COUNCIL-CHICAGO
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WHEREAS, Pursuant to the Act, redevelopment project costs include all or a
portion of a taxing district's capital costs resulting from a redevelopment project
necessarily incuned or to be incuned in furtherance of the objectives of a
redevelopment plan and project, to the extent a municipality by written agreement
accepts and approves such costs; and
WHEREAS, The City Colleges of Chicago is a taxing district under the Act; and
WHEREAS, The Central Loop Redevelopment Plan contemplates that Central Loop
incremental property taxes, or obligations secured by Central Loop incremental
property taxes, would be provided for public improvements within the boundaries
of the Central Loop Redevelopment Project Area; and
WHEREAS, The City desires to use a portion of the proceeds of the Central Loop
Bonds or incremental taxes from the Central Loop Redevelopment Project Area to
pay or reimburse redevelopment project costs incuned in connection with the
Capital Improvement Program by the City Colleges of Chicago or by the City on
behalf of the City Colleges ofChicago; and
WHEREAS, The City desires to use other lawfully available funds ("Other Funds")
to pay or reimburse costs of the Capital Improvement Program incuned by the City
Colleges of Chicago or by the City on behalf of the City Colleges of Chicago; now,
therefore.
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. The City Council, after a public meeting heretofore held on this
ordinance by the Committee on Finance of the City Council, pursuant to proper
notice and in accordance with the findings and recommendations of such
Committee, hereby finds that all of the recitals contained in the preambles to this
ordinance are full, true and conect and does incorporate them into this ordinance
by this reference.
SECTION 2. There shall be transfened from the Project Fund, from time to time,
one (1) or more amounts of Investment Eamings, as determined by the City
Comptroller, for deposit into the Corporate Fund of the City; each such
disbursement from the Project Fund shall be made by the Depository to the City
upon receipt of a written request executed by the City Comptroller or the Deputy
City Comptroller (collectively, the "Authorized Officers"). The Authorized Officers
shall record appropriate financial and accounting entries on the books and records
ofthe City to reflect such transfers.
SECTION 3. The City hereby finds that the redevelopment project costs incuned
by the City Colleges of Chicago or by the City on behalf of the City Colleges of
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Chicago in the Central Loop Redevelopment Project Area in connection with the
Capital Improvement Program (the "Redevelopment Project Costs") are eligible
redevelopment project costs approved by the City that are necessary and directly
result from the Central Loop redevelopment project to the extent that they constitute
"taxing districts' capital costs" as defined in the Act and are eligible to be padd or
reimbursed from Central Loop incremental taxes (and investment eamings thereon,
if applicable) or pursuant to the Central Loop Bond Ordinance to the extent that
Central Loop Bond proceeds (and investment eamings thereon, if applicable) are
used for said payment or reimbursement.
SECTION 4. Certain proceeds of the Central Loop Bonds (the "Reimbursed
Funds") are expected to be used to reimburse the City for certain Redevelopment
Project Costs in an amount not to exceed Nine Million Dollars ($9,000,000) as
having been paid for by the City prior to the date of adoption ofthis ordinance. Such
Reimbursed Funds (and investment eamings thereon, if applicable), shall be used
to pay or reimburse costs ofthe Capital Improvement Program incuned by the City
Colleges of Chicago or by the City on behalf of the City Colleges of Chicago.
SECTION 5. The Authorized Officers are each authorized to execute and deliver
such other documents and agreements (including but not limited to an amendment
to the Intergovemmental Agreement dated August 8, 2000 among the City, the
Board of Trustees of Community College District Number 508, County of Cook and
State oflllinois and the Public Building Commission ofChicago to provide for (i) the
transfer of Investment Earnings to the Corporate Fund of the City, (ii) the use of
Central Loop Bond proceeds or Central Loop incremental taxes to pay or reimburse
for Redevelopment Project Costs, and (iii) the use of Reimbursed Funds and Other
Funds to pay or reimburse costs of the Capital Improvement Program i n c u n e d by
the City Colleges of Chicago or by the City on behalf of the City Colleges of Chicago)
and perform such other acts as may be necessary or desirable in connection with
the implementation ofthe transactions described above.
SECTION 6. This ordinance is prepared in accordance with the powers ofthe City
as a home rule unit under Article VII ofthe Constitution. The appropriate officers
of the City are hereby authorized to take such actions and do such things as shall
be necessary to perform, carry out, give effect to and consummate the transactions
contemplated by this ordinance, but subject to any limitations on or restrictions of
such power or authority as herein set forth.
SECTION
paragraph,
competent
paragraph,
hereof.
7. It is the intention of this City Council that, if any article, section,
clause or provision of this ordinance shadl be ruled by any court of
jurisdiction to be invalid, the invalidity of such article, section,
clause or provision shall not aiffect any of the remaining provisions
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JOURNAL-CITY COUNCIL-CHICAGO
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If any provision of this ordinance is in conflict with or inconsistent with any
ordinances (including the 1999 Ordinance and the Central Loop Bond Ordinance)
or resolutions or parts of ordinances or resolutions or the proceedings of the City
in effect as of the date hereof, the provisions of this ordinance shall supersede any
conflicting or inconsistent provision to the extent of such conflict or inconsistency.
No provision of the Municipal Code of Chicago (the "Municipal Code") or violation
ofany provision ofthe Municipal Code shall be deemed to impair the validity ofthis
ordinance or the instmments authorized by this ordinance, or to impair the security
for or payment of the instruments authorized by this ordinance; provided, further,
however, that the foregoing shall not be deemed to affect the availability ofany other
remedy or penalty for any violation of any provision of the Municipal Code.
This ordinance shall be published by the City Clerk, by causing to be printed in
special pamphlet form at least twenty-five (25) copies hereof, which copies are to be
made available in his office for public inspection and distribution to members ofthe
public who may wish to avail themselves of a copy of this ordinance, and this
ordinance shall be in full force and effect from and after its adoption, approval by
the Mayor and publication as provided herein.
DESIGNATION OF VARIOUS FINANCIAL INSTITUTIONS AS
MUNICIPAL DEPOSITORIES FOR CITY OF CHICAGO
AND CHICAGO BOARD OF EDUCATION FUNDS
FOR FISCAL YEAR 2 0 0 4 .
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration an ordinance
authorizing the designation ofthe municipal depositories for the City ofChicago and
the Chicago Board of Education for fiscal year 2004, having had the same under
advisement, begs leave to report and recommend that Your Honorable Body Pass the
proposed ordinance transmitted herewith.
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14977
This recommendation was concuned in by a viva voce vote of the members of the
Committee.
Alderman Edward M. Burke and Alderman William M. Beavers abstained from
voting pursuant to Rule 14 ofthe City Council's Rules of Order and Procedure.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed ordinance transmitted with the
foregoing committee report was Passed by yeas and nays as foUows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Stroger, Beale,
Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas, Murphy, Rugai,
Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith,
Carothers, Rebojn"as, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen,
Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter,
M. Smith, Moore — 46.
Nays — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost.
Alderman Burke invoked Rule 14 of the City Council's Rules of Order and
Procedure, disclosing that he had represented parties to this ordinance in previous
and unrelated matters.
Alderman Beavers invoked Rule 14 of the City Council's Rules of Order and
Procedure disclosing that he is a stockholder in New City Bank.
The following is said ordinance as passed:
WHEREAS, On July 10, 2003, July 11, 2003 and July 14, 2003, the City
Comptroller advertised for bids from national and state banks and federal and state
savings and loan associations for interest upon the funds ofthe City ofChicago and
the Chicago Board of Education to be deposited in banks and savings and loan
associations, in accordance with Chapter 2, Section 2-32-400 ofthe Municipal Code
ofChicago (the "Code"); and
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JOURNAL-CITY COUNCIL-CHICAGO
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WHEREAS, On October 14, 2003, the City Comptroller received bids from financial
institutions seeking to be designated as municipal depositories, and subsequently,
determined that twenty-nine (29) bidders were eligible to be so designated; and
WHEREAS, Pursuant to Chapter 2, Section 2-32-400 of the Code, the City
Comptroller is required to report such bids to the City Council to the end that an
award or awards may be made upon such bids; now, therefore.
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. That the following national and state banks and federal and state
savings and loan associations, pursuant to an advertisement required by the Code,
have applied to become municipal depositories of the City of Chicago and Chicago
Board of Education for the purpose of holding and paying interest on municipal
deposits, and that each financial institution has satisfactorily filed with the City
Comptroller the information required by Chapter 2, Sections 2-32-430, 2-32-440
and 2-32-450 ofthe Code:
Albany Bank 86 Tmst Co., N.A.
Amalgamated Bank of Chicago
Associated Bank
Banco Popular North America
Bank of America, N.A.
Bank One, N.A.
Citibank, F.S.B.
Cole Taylor Bank
Community Bank of Ravenswood
Fifth Third Bank
First Commercial Bank
First Eagle National Bank
Harris Trust 86 Savings Bank
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14979
Highland Community Bank
Hyde Park Bank
Intemational Bank of Chicago
Labe Bank
Lakeside Bank
LaSalle Bank National Association
MetropoUtan Bank 86 Trust Co.
Mutual Bank
National City Bank of Michigan/Illinois
New City Bank
The Northem Trust Company
Pacific Global Bank
Pullman Bank and Trust Company
Seaway National Bank of Chicago
ShoreBank
University National Bank
SECTION 2. The financial institutions listed in Section 1 are hereby designated
as legal depositories for City of Chicago and Chicago Board of Education monies for
fiscal year 2004 and the Treasurer of the City of Chicago may deposit monies
received by her in any of these institutions in accordance with Chapter 2, Sections
2-32-470, 2-32-480 and 2-32-490 ofthe Code.
SECTION 3. To the extent that any ordinance, resolution, rule, order or provision
ofthe Code, or part thereof, is in conflict with the provisions ofthis ordinance, the
provisions of this ordinance shall control. If any section, paragraph, clause or
provision of this ordinance shall be held invalid, the invalidity of such section,
paragraph, clause or provision shall not affect any of the other provisions of this
ordinance.
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JOURNAL-CITY COUNCIL-CHICAGO
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SECTION 4. This ordinance shall be effective from and after its passage.
AUTHORIZATION FOR ISSUANCE, SALE AND DELIVERY OF
SINGLE-FAMILY HOUSING RESIDUAL REVENUE CAPITAL
APPRECIATION BONDS, SERIES 2 0 0 3 .
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council
Your Committee on Finance, having had under consideration an ordinance
authorizing the issuance of City of Chicago Residual Revenue Capital Appreciation
Bonds, Series 2003, amount of bonds not to exceed $6,000,000, 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 concuned in by a viva voce vote of the members of the
Committee.
Alderman Burke abstained from voting pursuant to Rule 14 ofthe City Council's
Rules of Order and Procedure.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed ordinance transmitted with the
foregoing committee report was Passed by yeas and nays as follows:
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14981
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers,
Stroger, Beale, Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Rebojrras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore - 47.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
Alderman Burke invoked Rule 14 of the City Council's Rules of Order and
Procedure, disclosing that he had represented parties to this ordinance in previous
and unrelated matters.
The following is said ordinance as passed:
WHEREAS, The City of Chicago (the "City") is a duly constituted and existing
municipality within the meaning of Section 1 of Article VII ofthe 1970 Constitution
ofthe State oflllinois, and is a "home rule unit" under Section 6(a) of Article VII of
the Constitution; and
WHEREAS, The City previously issued (i) its Twenty-three MilUon Five Hundred
Fifty Thousand Dollars ($23,550,000) in original aggregate principal amount of
Collateralized Single-Family Mortgage Revenue Bonds, Series 1996-A (the "Series
1996-A Bonds") and (ii) its Twenty-five Miflion Dollars ($25,000,000) in original
aggregate principal amount of Collateralized Single-Family Mortgage Revenue
Bonds, Series 1996-B (the "Series 1996-B Bonds", and, together with the Series
1996-A Bonds, the "1996 Bonds"); and
WHEREAS, The 1996 Bonds were issued pursuant to a trust indenture dated as
of January 1, 1996, between the City and The First National Bank ofChicago (now
known as Bank One Tmst Company, NA) ("Bank One") as tmstee (the "1996
Tmstee"), as such trust indenture was amended and supplemented by the First
Supplemental Trust Indenture, dated as of J u n e 1, 1996, from the City to the 1996
Trustee and as further amended and supplemented from time to time, that trust
indenture, as so amended and supplemented, being refened to in this ordinance as
the "1996 Indentiare"; and
WHEREAS, The City previously issued (i) its Forty-two Million Four Hundred Five
Thousand Dollars ($42,405,000) in original aggregate principal amount of
Collateralized Single-Family Mortgage Revenue Bonds, Series 1997-A (the "Series
1997-A Bonds") and (fl) fts Thirty Million Dollars ($30,000,000) in original aggregate
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JOURNAL-CITY COUNCIL-CHICAGO
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principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series
1997-B (the "Series 1997-B Bonds", and, together with the Series 1997-A Bonds,
the "1997 Bonds"); and
WHEREAS, The 1997 Bonds were issued pursuant to a trust indenture, dated as
of April 1, 1997 (the "1997 Indenture"), between the City and Bank One, as tmstee
(the "1997 Tmstee"); and
WHEREAS, The City previously issued (i) its Forty-two Million Ninety-five
Thousand Dollars ($42,095,000) in original aggregate principal amount of its
Collateralized Single-Family Mortgage Revenue Bonds, Series 1998A-1 (the "Series
1998A-1 Bonds"), (ii) its Nine Million Doflars ($9,000,000) in original aggregate
principal amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series
1998A-2 (Taxable) (the "Series 1998A-2 Bonds", and, together with the Series
1998A-1 Bonds, the "Series 1998A Bonds"), (iii) fts Thirty Million Doflars
($30,000,000) in original aggregate principal amount of its Collateralized SingleFamily Mortgage Revenue Bonds, Series 1998B (the "Series 1998B Bonds"), (iv) its
Twenty-seven Mfllion Eight Hundred Ninety-five Thousand Dollars ($27,895,000)
in original aggregate principad amount of its Collateralized Single-Family Mortgage
Revenue Bonds, Series 1998C-1 (the "Series 1998C-1 Bonds") and (v) its Stx Million
Dollars ($6,000,000) in original aggregate principal amount of its Collateralized
Single-Family Mortgage Revenue Bonds, Series 1998C-2 (Taxable) (the "Series
1998C-2 Bonds", and, togetherwith the Series 1998C-1 Bonds, the "Series 1998C
Bonds", and, together with the 1998A Bonds and the 1998B Bonds, the "1998
Bonds"); and
WHEREAS, The 1998 Bonds were issued pursuant to a trust indenture, dated as
of March 1,1998, from the City to Bank One, as tmstee (the "1998 Tmstee"), as
amended and supplemented by the First Supplemental Indenture, dated as of
September 1, 1998, from the City to the 1998 Trustee that trust indenture, as so
amended and supplemented, being referred to in this ordinance as the "1998
Indenture"; and
WHEREAS, The City previously issued (i) its Forty-three Mfllion Ten Thousand
Dollars ($43,010,000) in original aggregate principal amount ofits Collateralized
Single-Family Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds"),
(ii) its Nineteen Million Five Hundred Thousand Dollars ($19,500,000) in original
aggregate principal amount of its Collateralized Single-Family Mortgage Revenue
Bonds, Series 1999B (the "Series 1999B Bonds") and (iii) fts Eighteen Miflion Two
Hundred Ninety Thousand Dollars ($18,290,000) in original aggregate principal
amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series 1999C
(the "Series 1999C Bonds", and, together with the Series 1999A Bonds and the
Series 1999B Bonds, the "1999 Bonds"); and
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WHEREAS, The 1999 Bonds were issued pursuant to a trust indenture, dated as
of April 1,1999, from the City to Bank One, as tmstee (the "1999 Tmstee"), as such
trust indenture was amended and supplemented by the First Supplemental
Indenture, dated as of September 1, 1999, from the City to the 1999 Tmstee, that
trust indenture, as so supplemented and amended, being refened to in this
ordinance as the "1999 Indenture" and togetherwith the 1996 Indenture, the 1997
Indenture and the 1998 Indenture, being refened to in this ordinance as the "Prior
Indentures"; and
WHEREAS, Each ofthe 1996 Bonds, the 1997 Bonds, the 1998 Bonds and the
1999 Bonds, respectively, were issued pursuant to the terms ofthe respective Prior
Indentures, to obtain funds to finance the acquisition of mortgage-backed securities
("G.N.M.A. Securities") of the Govemment National Mortgage Association
("G.N.M.A."), mortgage pass-through securities ("F.H.L.M.C. Securities") issued by
the Federal Home Loan Mortgage Corporation ("F.H.L.M.C") and mortgage passthrough securities ("F.N.M.A. Securities") issued by Fannie Mae ("F.N.M.A."),
evidencing a guarantee by G.N.M.A., F.H.L.M.C. or F.N.M.A., as the case may be,
of timely pajmient of monthly principal of and interest on certain qualified mortgage
loans under programs operated by the City to provide an adequate supply of
residential housing for low- and moderate-income persons or families; and
WHEREAS, Each of the respective Prior Indentures provides that, subject to the
terms of the respective Prior Indentures, any amounts remaining in any Fund or
Account held under those respective Prior Indentures (other than the Rebate Funds
established thereunder to the extent ofthe Rebate Amount (as defined in each Prior
Indenture)), including, without limitation, all cash and G.N.M.A. Securities,
F.H.L.M.C Securities and F.N.M.A. Securities subject to the liens ofthe respective
Prior Indentures, after payment in full of the principal of, premium, if any, and
interest on the bonds secured by the respective Prior Indentures, and the fees due
to the trustees thereunder, shadl be paid to the City, and applied to any proper
public purpose; and
WHEREAS, The City has determined that it is necessary and desirable to provide
funds for the purposes set forth in Section 3 of this ordinance (the "Purposes") and
to finance part or all of the costs of such Purposes by the issuance of residual
revenue bonds secured by the amounts that the City expects to receive under the
respective Prior Indentures as described in the preceding paragraph; and
WHEREAS, To provide funds for one (1) or more ofthe Purposes determined as
provided herein, the City has determined to issue its Residual Revenue Bonds of one
(1) or more series (collectively, the "Bonds"), in an aggregate principal amount not
to exceed Stx MilUon Doflars ($6,000,000); and
WHEREAS, To secure repayment ofthe Bonds, the City has determined that it is
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JOURNAL-CITY COUNCIL-CHICAGO
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necessary and desirable to promise to transfer all amounts payable to it under the
respective Prior Indentures from the trustees under the respective Prior Indentures
to the tmstee for the Bonds;
WHEREAS, By virtue ofits constitutional home mle powers and all laws applicable
to it, the City has the power to issue the Bonds; and
WHEREAS, The City has been notified by Bank One that it expects to sell its
corporate trust business to J. P. Morgan Chase 86 Co., such that, effective on the
closing date of the sale, J. P. Morgan Trust Company, National Association shall
become the successor trustee under each ofthe Prior Indentures, and all references
to the 1996 Tmstee, the 1997 Tmstee, the 1998 Tmstee and the 1999 Tmstee in
this ordinance on and after the effective date of that succession shadl be deemed to
be J. P. Morgan Tmst Company, National Association, in its role as successor
trustee; now, therefore,
Be It Ordained by the City Council of the City of Chicago, as follows:
SECTION 1. Finding. The City Councfl finds that all of the recitals contained in
the preamble to this ordinance are t m e , complete and conect and incorporates
them into this ordinance by this reference.
SECTION 2. Definitions. The terms defined in the form of the T m s t Indenture
with respect to the Bonds (the "2003 Indenture") attached to this ordinance as
Exhibit A, shall, for all purposes of this ordinance, have the meanings specified
therein, unless the context in this ordinance clearly requires otherwise.
SECTION 3. Authorization O f T h e Bonds. For one (1) or more of the Purposes
described below, it is necessary that the City authorize and issue, and the City
authorizes the issuance of, the Bonds. The Bonds are entitled to the benefit,
protection and security of this ordinance and the 2003 Indenture. The aggregate
principal amount of Bonds which shall be issued shall not exceed Stx Million
Dollars ($6,000,000). The City Comptroller or, if so designated and determined by
the City Comptroller, the person appointed by the Mayor as the Chief Financial
Officer of the City (the City Comptroller or, if so designated and determined by the
City Comptroller, the Chief Financial Officer of the City being refened to herein as
the "Authorized Officer") shall determine the aggregate principal amount of each
series of the Bonds to be issued in order to achieve the greatest benefit to the City
and the one (1) or more Purposes for which the Bonds shall be issued, which shall
be specified in the notification of sale provided for in Section 4(b). The Bonds shall
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mature not later than thirty (30) years from their date of issuance. The Bonds shall
be payable as to principal, redemption premium, if any, and interest, from the
sources, and shall be secured in the manner, described in the 2003 Indenture,
which may provide for the issuance ofthe Bonds, or certain of them, at an original
issuance discount of not to exceed seventy-five percent (75%) of their maturity
amount and for the issuance of the Bonds, or certain of them, as capital
appreciation bonds. The Bonds shall be designated by the title "Residual Revenue
Bonds" and shall bear am additional series designation reflecting the year of their
issuance and such additional series designations as shall be provided in the 2003
Indenture. The Bonds may be issued as Bonds the interest on which is excluded
from gross income for federal income tax purposes, as Bonds the interest on which
is not excluded from gross income for federal income tax purposes, or any
combination thereof, as shall be provided in the 2003 Indenture. The Bonds shall
be issued from time to time in one (1) or more series, be dated, bear interest at such
rate or rates not to exceed nine and zero hundredths percent (9.00%) per year,
mature, be subject to payment, redemption and purchase, be of form and be
secured, all as provided in the 2003 Indenture. The Mayor and the City Clerk are
authorized to execute, by manual or facsimile signature, and deliver the Bonds for
and on behalf of the City. The proceeds of the Bonds shall be used by the City's
Department of Housing (the "Department") as follows: (i) to provide grants, loans
a n d / o r other financial assistance for multi-family housing developments or singlefamily housing developments pursuant to programs of the Department (as in effect
now or as of the date such grants or loans are to be made) and in accordance with
all applicable restrictions for such grants, loans or other financial assistance as may
then be in effect under applicable law, and (ii) to pay administrative costs of the
Department in connection with such grants, loans and financial assistance as
described in (i) above.
SECTION 4. Sale And Delivery Of The Bonds, (a) The Bonds shall be sold
and delivered from time to time, to or at the direction of an underwriter or a group
of underwriters (the "Underwriters") to be selected by the Authorized Officer, subject
to the terms and conditions ofa contract of purchase related to those Bonds. The
Mayor or the Authorized Officer is authorized to execute and deliver on behalf of the
City, with the concunence ofthe Chairman ofthe Committee on Finance ofthe City
Council, one (1) or more contracts of purchase in substantially the form previously
used for financings of the City, with appropriate revisions to reflect the terms and
provisions of the Bonds, and with such other revisions in text as the Authorized
Officer shall determine are necessary or desirable in connection with the sale of
Bonds. The execution ofsuch contract or contracts of purchase by the Mayor or the
Authorized Officer shall be deemed conclusive evidence of the approval by the City
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ofthe terms provided in such contract or contracts of purchase. The compensation
paid to the Underwriters in connection with the sale of the Bonds shall not exceed
stx and zero-tenths percent (6.0%) ofthe amount received by the City from the sale
ofthe Bonds. In connection with the offer and delivery ofthe Bonds, the Authorized
Officer, and such other officers of the City as may be necessary, are authorized to
execute such documents as may be necessary to implement the transaction and to
effect the issuance and delivery ofthe Bonds.
(b) Subsequent to the sale of the Bonds, the Authorized Officer shall file in the
Office ofthe City Clerk a notification of sale directed to the City Council setting forth
(i) the aggregate principal amount sold ofeach series ofthe Bonds, (ii) the interest
rate or rates for each series ofthe Bonds, (iii) the maturity date ofeach series ofthe
Bonds, (iv) the redemption provisions applicable to each series of Bonds, (v) the
compensation paid to the Underwriters in connection with the Bonds, and (vi) the
one (1) or more Purposes for which the Bonds are being issued. An executed copy
of each of the 2003 Indenture, the Preliminary Official Statement and the final
Official Statement shall be attached to that notification of sale.
(c) In connection with the sale of the Bonds, the City shall cause there to be
prepared and delivered to prospective purchasers ofthe Bonds a Preliminary Official
Statement in such form and substance, and with such appendices, as the Mayor or
the Authorized Officer shall approve in connection with the sale ofthe Bonds. Upon
the sale ofthe Bonds, the Mayor or the Authorized Officer is authorized and directed
to cause the final Official Statement to be prepared and (i) delivered to the
Underwriters for use and distribution and (ii) filed with the Office of the City Clerk,
as provided in paragraph (b) above.
SECTION 5.
Appointment Of Tmstee. The City hereby authorizes the
Authorized Officer to appoint a tmstee (the "Trustee") for the purposes and upon the
express terms and conditions set forth in the 2003 Indenture. The acceptamce of
the Trustee shall be evidenced by its execution ofthe 2003 Indenture.
SECTION 6. Authorization To Enter Into 2003 Indenture. In order to provide
for the issuance ofthe Bonds, the Mayor or the Authorized Officer is authorized to
execute and deliver the 2003 Indenture in substantially the form attached to this
ordinance as Exhibit A, wdth such changes or additions to or omissions from such
form (consistent with the terms of this ordinance) as the Mayor or the Authorized
Officer shall approve. The Mayor or the Authorized Officer is authorized to approve,
among other changes. The execution and delivery of the 2003 Indenture by the
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Mayor or the Authorized Officer shall constitute the conclusive approval by the City
of any such changes or additions to amd omissions from the form of the 2003
Indenture attached as Exhibit A.
SECTION 7. Continuing Disclosure Undertaking. The Mayor or the Authorized
Officer is authorized to execute and deliver a continuing disclosure undertaking (the
"Continuing Disclosure Undertaking") evidencing the City's agreement to comply
with the provisions ofSection (b)(5) of Rule 15(c)2-12, adoptedby the Securities and
Exchange Commission under the Securities Exchange Act of 1934, in a form
approved by the Corporation Counsel. Upon its execution and delivery on behalf of
the City as provided in this ordinance, the Continuing Disclosure Undertaking will
be binding on the City, and the officers, employees and agents of the City are
authorized to do all such acts and things and to execute all such documents as may
be necessary to c a n y out and comply with the provisions of the Continuing
Disclosure Undertaking as executed. The Mayor or the Authorized Officer is further
authorized to amend the Continuing Disclosure Undertaking in accordance with its
terms from time to time following its execution and delivery as said officer shall
deem necessary. Notwithstanding any other provision of this ordinance, the sole
remedy for any failure by the City to comply with the Continuing Disclosure
Undertaking shall be the ability of the beneficial owner of any Bond to seek
mandamus or specific performance by court order to cause the City to comply with
its obligations under the Continuing Disclosure Undertaking.
SECTION 8. Proxies. The Mayor and the Authorized Officer may each designate
another to act as his or her respective proxy and to affix his or her respective
signature to each Bond, whether in temporary or definitive form, and to any other
instrument, certificate or document required to be signed by the Mayor or the
Authorized Officer pursuant to this ordinance, the 2003 Indenture. In each case,
each shall send to the City Council written notice of the person so designated by
each, such notice stating the name of the person so selected and identifying the
instruments, certificates and documents which such person shall be authorized to
sign as proxy for the Mayor and the Authorized Officer, respectively. A written
signature of the Mayor or the Authorized Officer, respectively, executed by the
person so designated underneath, shall be attached to each notice. Each notice,
with signatures attached, shall be recorded in the Joumal ofthe Proceedings ofthe
City Council ofthe City ofChicago and filed with the City Clerk. When the signature
ofthe Mayor is placed on am instrument, certificate or document at the direction of
the Mayor in the specified manner, the same, in all respects, shall be as binding on
the City as if signed by the Mayor in person. When the signature ofthe Authorized
Officer is so affixed to an instrument, certificate or document at the direction ofthe
Authorized Officer, the same, in all respects, shall be as binding on the City as if
signed by the Authorized Officer in person.
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SECTION 9. Further Actions To Maintain Tax-Exempt Status Of Interest
On Prior Bonds. The Mayor and the Authorized Officer are each authorized to
forgive mortgage loans backing the G.N.M.A. Securities, the F.H.L.M.C. Securities
and the F.N.M.A. Securities and to take such other actions as may be determined
to be advisable or desirable (including, without limitation, the payment of legally
available monies to the United States of America and the execution and delivery of
such other documents) in order to maintain the tax-exempt status of the interest
on the 1996 Bonds, the 1997 Bonds, the 1998 Bonds and the 1999 Bonds.
SECTION 10. Additional Authorization. The Mayor, the Authorized Officer, the
City Treasurer, the City Clerk, the Deputy City Clerk and such other officers of the
City as may be necessary are hereby authorized to execute such other documents
and perform such other acts as may be necessary or desirable in connection with
the issuance, sale, delivery, provision for pajmient and payment ofthe Bonds.
SECTION 11. Separability. If any provision of this ordinance shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such
provision shadl not affect any ofthe remaining provisions ofthis ordinance.
SECTION 12. Repealer. To the extent that any ordinance, resolution, rule, order
or provision of the Municipal Code of Chicago (the "Municipal Code"), or part
thereof, is in conflict with the provisions of this ordinance, the provisions of this
ordinance shall be controlling. No provision of the Municipal Code or violation of
any provision of the Municipal Code shall be deemed to impair the validity of this
ordinance or the instruments authorized by this ordinance, including the Bonds
and the 2003 Indenture or to impair the rights ofthe owners ofthe Bonds to receive
payment of the principal of, premium, if any, or interest on the Bonds or to impair
the security for the Bonds; provided, that the foregoing shall not be deemed to affect
the availability of any other remedy or penalty for any violation of any provision of
the Municipal Code.
SECTION 13. Effectiveness; Publication. Notwithstanding any other provision
of Illinois law or the Municipal Code to the contrary, this ordinance and the
appropriations made in it shall be in full force and effect immediately upon its
adoption and approval by the Mayor. This section is included by the City in this
ordinance in the exercise of its powers as a home rule unit of local govemment
under Article 7, Section 6 ofthe Illinois Constitution and pursuant to Section 10 of
the Local Govemment Debt Reform Act ofthe State oflllinois, as amended.
This ordinance shall be published in special pamphlet form by the City Clerk, by
causing to be printed at least twenty-five (25) copies ofthis ordinance, which copies
shall be made available in the Office of the City Clerk for public inspection and
distribution to members of the public who may wish to avail themselves of a copy
of this ordinance.
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Exhibit "A" refened to in this ordinance reads as follows:
Exhibit "A".
Trust Indenture
Betujeen
City Of Chicago,
Issuer
And
Trustee
City Of Chicago, Rlinois
Residual Revenue Capital Appreciation Bonds,
Series 2003
Dated As Of
1, 2003.
This trust indenture, made and entered into as of
1, 2003, by and
between the City ofChicago, a duly constituted and existing municipality within the
meaning ofSection 1 of Article VII ofthe 1970 Constitution ofthe State oflllinois,
and a home rule unit under Section 6(a) of Article VII of the Constitution (the
"Issuer"), and
, a banking association duly organized and
existing under the laws ofthe United States, with a corporate trust office located in
Chicago, Illinois as trustee (the "Trustee"),
Witnesseth:
Whereas, The Issuer is a duly constituted and existing municipality within the
meaning ofSection 1 of Article VII ofthe 1970 Constitution ofthe State oflllinois,
and is a "home rule unit" under Section 6(a) of Article VII of the Constitution; and
Whereas, The Issuer previously issued (i) its Twenty-three Million Five Hundred
Fifty Thousand Dollars ($23,550,000) in original aggregate principal amount of
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Collateralized Single-Family Mortgage Revenue Bonds, Series 1996-A (the "Series
1996-A Bonds") and (ii) fts Twenty-five MilUon DoUars ($25,000,000) in original
aggregate principal amount of Collateralized Single-Family Mortgage Revenue
Bonds, Series 1996-B (the "Series 1996-B Bonds", and, together with the Series
1996-A Bonds, the "1996 Bonds"); and
Whereas, The 1996 Bonds were issued pursuant to a trust indenture dated as of
January 1, 1996, between the Issuer and The First National Bank ofChicago (now
known as Bank One T m s t Company, NA), ("Bank One"), as tmstee (the "1996
Tmstee") as such Trust Indenture was amended and supplemented by the First
Supplemental t m s t indenture, dated as of J u n e 1, 1996, from the Issuer to the 1996
Trustee, as further amended and supplemented from time to time, that trust
indenture, as so amended and supplemented, being refened to as the "1996
Indenture"; and
Whereas, The Issuer previously issued (i) its Forty-two Million Four Hundred Five
Thousand Dollars ($42,405,000) in original aggregate principal amount of
Collateralized Single-Family Mortgage Revenue Bonds, Series 1997-A (the "Series
1997-A Bonds") and (ii) its Thirty Million Dollars ($30,000,000) in original aggregate
principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series
1997-B (the "Series 1997-B Bonds", and, together with the Series 1997-A Bonds,
the "Series 1997 Bonds"); and
Whereas, The 1997 Bonds were issued pursuant to a trust indenture, dated as of
April 1, 1997 (the "1997 Indenture"), between the Issuer and Bank One, as trustee
(the "1997 Tmstee"); and
Whereas, The Issuer previously issued (i) its Forty-two Million Ninety-five
Thousand Dollars ($42,095,000) in original aggregate principal amount of its
Collateralized Single-Family Mortgage Revenue Bonds, Series 1998A-1 (the "Series
1998A-1 Bonds"), (ii) fts Nine Mfllion Dollars ($9,000,000) in original aggregate
principal amount ofits CoUateraUzed Single-Family Mortgage Revenue Bonds, Series
,1998A-2 (Taxable) (the "Series 1998A-2 Bonds", and, together with the Series
1998A-1 Bonds, the "Series 1998A Bonds"), (iii) its Thirty Million Dollars
($30,000,000) in original aggregate principal amount of its Collateralized SingleFamily Mortgage Revenue Bonds, Series 1998B (the "Series 1998B Bonds"), (iv) its
Twenty-seven MilUon Eight Hundred Ninety-five Thousand DoUars ($27,895,000)
in original aggregate principal amount of its Collateralized Single-Family Mortgage
Revenue Bonds, Series 1998C-1 (the "Series 1998C-1 Bonds") and (v) its Stx Million
Dollars ($6,000,000) in original aggregate principal amount of Collateralized SingleFamily Mortgage Revenue Bonds, Series 1998C-2 (Taxable) (the "Series 1998C-2
Bonds", and, togetherwith the Series 1998C-1 Bonds, the "Series 1998C Bonds",
and, togetherwith the 1998A Bonds, the 1998B Bonds and the 1998C Bonds, the
"1998 Bonds"); and
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Whereas, The 1998 Bonds were issued pursuant to a t m s t indenture, dated as of
March 1, 1998, from the Issuer to Bank One, as tmstee (the "1998 Tmstee"), as
amended and supplemented by the First Supplemental Indenture, dated as of
September 1, 1998, from the City to the 1998 Tmstee, that trust indenture, as so
amended and supplemented, being refened to as the "1998 Indenture"; and
Whereas, The Issuer previously issued (i) its Forty-three Million Ten Thousand
Dollars ($43,010,000) in original aggregate principal amount ofits Collateralized
Single-Family Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds"),
(ii) its Nineteen Miflion Five Hundred Thousand Dollars ($19,500,000) in original
aggregate principal amount of its Collateralized Single-Family Mortgage Revenue
Bonds, Series 1999B (the "Series 1999B Bonds") and (ifl) its Eighteen MilUon Two
Hundred Ninety Thousand Dollars ($18,290,000) in original aggregate principal
amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series 1999C
(the "Series 1999C Bonds", and, together wfth the Series 1999A Bonds and the
Series 1999B Bonds, the "1999 Bonds"); and
Whereas, The 1999 Bonds were issued pursuant to a trust indenture, dated as of
April 1, 1999, from the Issuer to Bank One, as trustee (the "1999 Tmstee"), as such
t m s t indenture was amended and supplemented by the First Supplemental
Indenture, dated as of September 1, 1999, from the Issuer to the 1999 Tmstee, that
trust indenture, as so supplemented and amended, being refened to as the "1999
Indenture" and togetherwith the 1996 Indenture, the 1997 Indenture and the 1998
Indenture, being refened to in this indenture as the "Senior Indentures"; and
Whereas, Each ofthe 1996 Bonds, the 1997 Bonds, the 1998 Bonds and the 1999
Bonds, respectively, were issued pursuant to the terms of the respective Senior
Indentures, to obtain funds to finance the acquisition of mortgage-backed securities
("G.N.M.A. Securities") of the Govemment National Mortgage Association
("G.N.M.A."), mortgage pass-through securities ("F.H.L.M.C. Securities") issued by
the Federal Home Loan Mortgage Corporation ("F.H.L.M.C") and mortgage passthrough securities ("F.N.M.A. Securities") issued by Fannie Mae ("F.N.M.A."),
evidencing a guarantee by G.N.M.A., F.H.L.M.C. or F.N.M.A., as the case may be, of
timely pajmient of monthly principal of and interest on certain qualified mortgage
loans under programs operated by the Issuer to provide an adequate supply of
residential housing for low- and moderate-income persons or families (the F.N.M.A.
Securities, F.H.L.M.C. Securities and F.N.M.A. Securities being referenced to
collectively in this indenture as the "Mortgage Certificates"); and
Whereas, Each of the respective Senior Indentures provides that, subject to the
terms ofthe respective senior indentures, any amounts remaining in any Fund or
Account held under those respective Senior Indentures (other than the Rebate
Funds established thereunder to the extent of the Rebate Amount (as defined in
each Senior Indenture), including, without limitation, all cash and G.N.M.A.
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Securities, F.H.L.M.C. Securities and F.N.M.A. Securities subject to the liens ofthe
respective Senior Indentures, after payment in full ofthe principal of, premium, if
any, and interest on the bonds secured by the respective Senior Indentures, and the
fees due to the trustees thereunder, shall be paid to the Issuer, and applied to any
proper public purpose; and
Whereas, The Issuer has determined that it is necessary and desirable to provide
funds for use by its Department of Housing (i) to provide grants, loans a n d / o r
financial assistance for multi-family housing developments or single-family housing
developments pursuant to programs ofthat Department (as in effect now or as ofthe
date such grants or loans are to be made) and in accordance with all applicable
restrictions for such grants, loans or other financial assistance as may then be in
effect under applicable law, and (ii) to pay administrative costs in connection with
such grants, loans and financial assistance as described in (i) above (collectively, the
"Purposes"), and to finance part or all ofthe costs ofsuch Purposes by the issuance
of residual revenue bonds secured by the amounts that the Issuer is entitled to
receive under the respective Senior Indentures as described in the preceding
paragraph; and /
Whereas, The Issuer has authorized the issuance of the Bonds to fund its
govemmental purposes; and
Whereas, The Bonds are issued pursuant to the terms of, and are secured by a
promise by the Issuer to transfer all ofits right, title and interest to the trust estates
established under the Senior Indentures to the Tmstee under this indenture at such
time as the Issuer is entitled to receive the residual value under each respective
Senior Indenture; and
Whereas, All things necessary to make the Bonds, when authenticated by the
Trustee and issued as in this indenture provided, the valid, binding and legal
obligations of the Issuer according to the import thereof, and to constitute this
indenture a valid assignment and pledge of the amounts pledged to the pajmient of
the Accreted Value of the Bonds and a valid assignment and pledge of the rights of
the Issuer in the Trust Estate and to authorize the execution and delivery of this
indenture, and the execution and issuance of the Bonds, subject to the terms
thereof, have in all respects been duly authorized; and
Whereas, The City has been notified by Bank One that it expects to sell its
corporate trust business to J. P. Morgan Chase 86 Co., such that, effective on the
closing date of the sale, J. P. Morgan Trust Company, National Association shall
become the successor trustee under each ofthe Prior Indentures, and all references
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to the 1996 Tmstee, the 1997 Tmstee, the 1998 Tmstee and the 1999 Tmstee in
this t m s t indenture on and after the effective date of that succession shall be
deemed to be J. P. Morgan Trust Company, National Association, in its role as
successor trustee;
Now, Therefore, This Indenture Witnesseth:
Granting Clauses.
The Issuer, in consideration of the premises and the acceptance by the Trustee of
the t m s t s hereby created and of the purchase and acceptance of the Bonds by the
Registered Owners thereof, and of the sum of One and n o / 1 0 0 Dollars ($1.00),
lawful money of the United States of America, to it duly paid by the Trustee at or
before the execution and delivery of these presents, and for other good and valuable
consideration, the receipt ofwhich is hereby acknowledged, in order to secure the
pajmient of the Accreted Value of the Bonds according to their tenor and effect and
to secure the performance and observance by the Issuer of all the covenants
expressed or implied herein and in the Bonds, does hereby, subject in all cases to
the prior satisfaction of the Issuer's existing liens granted under the terms of the
respective Senior Indentures, grant, bargain, sell, convey, mortgage, assign and
pledge unto, and grant a security interest to, the Trustee and its successors in trust
and assigns hereunder forever, for the securing ofthe performance ofthe obligations
of the Issuer hereinafter set forth, in the following property (said property being
herein refened to as the "Tmst Estate"):
Granting Clause First.
Subject to the prior liens of the Senior Indentures as hereaifter provided in these
granting clauses, all right, title and interest ofthe Issuer to amounts held under
each respective Senior Indenture after the satisfaction and discharge of all
obligations secured by such Senior Indentures, in and to the Mortgage Certificates,
including all extensions and renewals of any of the terms thereof, if any, and
including all of the Issuer's right, title and interest in any and all servicing
agreements between the Issuer and servicers ofthe Mortgage Loans, including but
without limiting the generality ofthe foregoing, the present and continuing right to
make claim for, collect, receive and receipt for any income, revenues, issues, profits
and guarantees and other sums of money payable to or receivable by the Issuer
under or with respect to the Mortgage Certificates, to bring actions and proceedings
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JOURNAL-CITY COUNCIL-CHICAGO
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under the Mortgage Certificates, or for the enforcement thereof, and to do amy amd
all things which the Issuer is or may become entitled to do under the Mortgage
Certificates;
Granting Clause Second.
Subject to the prior liens of the Senior Indentures as hereafter provided in these
granting clauses, all monies and securities or other investments held by the Senior
Tmstees at the time that such amounts otherwise are to be paid to the Issuer under
and subject to the terms of the Senior Indentures (excluding monies held by the
Senior Trustees which remain subject to the terms of any respective Senior
Indenture, including amounts held in any rebate fund established by the respective
Senior Indentures for the payment of any rebate obligations established under the
Senior Indenture) and any and all other real or personal property of every name and
nature from time to time by delivery or by writing ofany kind conveyed, mortgaged,
pledged, assigned or transfened as and for additional security under the Senior
Indentures by the Issuer, or by anyone in its behalf or with its written consent, to
the Trustee;
Granting Clause Third.
All monies and securities or other investments in any fund herein created (except
the Program Fund, the Costs of Issuance Fund) and all monies and securities and
any and all other real or personal property and any and all other rights of every
name and nature from time to time hereafter by delivery or by writing of any kind
pledged, assigned or transfened as and for additional security hereunder to the
Trustee by the Issuer or by anyone in its behalf, or wdth its written consent and to
hold and apply the same, subject to the terms hereof; and
Granting Clause Fourth.
All right, title and interest ofthe Issuer to the Revenues;
To Have And To Hold all and singular the Trust Estate whether now owned or
hereafter acquired, unto the Trustee and its respective successors in trust and
assigns forever;
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In Trust Nevertheless, Upon the terms and trusts herein set forth for the equal and
proportionate benefit, security and protection of all present and future Registered
Owners ofthe Bonds issued under and secured by this Indenture without privilege,
priority or distinction as to the lien or otherwise of any of the Bonds over any other
ofthe Bonds;
Provided, However, That ifthe Issuer, its successors or assigns shall well and truly
pay, or cause to be paid, the Accreted Value of the Bonds due or to become due
thereon, at the times and in the manner mentioned in the Bonds according to the
t m e intent and meaning thereof, and shall cause the payments to be made as
required under Article IX hereof, or shall provide, as permitted hereby, for the
payment thereof by depositing with the Trustee the entire amount due or to become
due thereon, and shall well and truly keep, perform and observe all the covenants
and conditions pursuant to the terms of this indenture to be kept, performed and
observed by it, and shall pay or cause to be paid to the Trustee all sums of money
due or to become due in accordance with the terms and provisions hereof; then
upon such final payments this indenture and the rights hereby granted shall cease,
determine and be void; otherwise this indenture to be and remain in full force and
effect;
And Provided Further, That nothing in the foregoing granting clauses shall
preclude the Issuer and the Trustee from receiving distributions out of the receipts
amd revenues under this Indenture to the extent expressly provided for herein;
And Provided Further, That notwithstanding anjdhing else to the contrary in this
Indenture, the lien hereof with respect to the residual assets identified by Granting
Clauses First, Second and Third hereof which are granted as a part of the "Trust
Estates" established by the respective Senior Indentures (collectively, the "Senior
Trust Estate") shall only be deemed to attach at such time as all obligations under
the respective Senior Indentures shall be satisfied and discharged, and the liens
created hereby are to be at all times subject to the right of payment to the liens of
the respective Senior Indentures providing for prior pajmient of the bonds secured
by the respective Senior Indentures, and any other costs associated therewith,
including, without limitation, any fees and expenses ofthe Senior Trustees, and the
Trustee.
In Connection With the foregoing conditional transfer, pledge and assignment, the
Issuer does hereby agree that it will execute all instruments of assignment and
transfer as may be necessary or appropriate, or as may be requested from time to
time by the Trustee, to effectuate or perfect the pledge, transfer and assignment of
the Trust Estate contemplated hereby ensure that pajmients made under the
Mortgage Certificate be made to, including, without limitation, the Mortgage
Certificates, and to the Trustee at the appropriate time.
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This Indenture Further Witnesseth, And it is expressly declared, that all Bonds
issued and secured hereunder are to be issued, authenticated and delivered, and
all said property, rights and interests, including, without limitation, the amounts
hereby assigned and pledged, are to be dealt with and disposed of, under, upon and
subject to the terms, conditions, stipulations, covenants, agreements, t m s t s , uses
and purposes hereinafter expressed, and the Issuer has agreed and covenanted, and
does hereby, agree and covenant, with the Trustee and with the respective
Registered Owners from time to time ofthe Bonds, or any part thereof, as follows:
Article I.
Definitions.
Section 1.01 Definitions.
following meanings:
The following words and phrases shall have the
"Accreted Value" ofany Bonds means, as ofany date, the outstanding principal
balance thereof and all accrued and unpaid interest thereon as computed in
accordance with Section 2.02 ofthis indenture.
"Available Monies" means monies deposited in any ofthe funds derived from the
Mortgage Certificates, or application ofany other monies which, in the opinion of
counsel experienced in the application of bankruptcy laws, would not constitute
a preference subject to recovery pursuant to Sections 362(a) and 547(b) of the
Bankruptcy Code.
"Bankruptcy Code" means the Bankruptcy Code ofthe United States of America
(11 U.S.C §§ 101, et seq.), as amended.
"Bond Counsel" means the firm of nationally recognized attomeys at law selected
by the Issuer and experienced in legal representation relating to financings
through the issuance of tax-exempt bonds.
"Bond Delivery Date" means date ofthe initial authentication and delivery ofthe
bonds and the sale and purchase thereof in accordance with the purchase
contract.
"Bond Depository" means D.T.C.
"Bond Depository Agreement" means the Blanket Issuer Letter of
Representations executed by the Issuer and received and accepted by the Bond
Depository.
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"Bond Fund" means the fund by that name created pursuant to Section 4.02
hereof.
"Bond Obligation" means the aggregate Accreted Value of the Bonds
Outstanding.
"Bond Register" means the books for registration of the ownership of the bonds
established and maintained by the bond registrar pursuant to Section 2.10 hereof.
"Bond Registrar" means the trustee acting in the capacity of Bond Registrar or,
in lieu of the trustee, any person appointed by the trustee to maintain a Bond
Register.
"Bond Year" means the annual period beginning on
'
1 of each
year and ending on
31 of each succeeding year; provided that the
first (1^') Bond Year shall begin on the date that the Bonds are delivered to the
original purchasers thereof pursuant to Section 2.07 hereof.
"Bonds" means the City of Chicago, Illinois Residual Revenue Capital
Appreciation Bonds, Series 2003 issued under this indenture.
"Business Day" means any day which is not (i) a Saturday, Sunday, legal holiday
or day on which the banking institutions in the state in which is located the
corporate trust office ofthe trustee, are authorized or obligated by law or executive
order to be closed or (ii) a day on which the New York Stock Exchange is closed.
"Clearing Agency" means an organization which is a "clearing corporation" as
defined by the Uniform Commercial Code applicable to such corporation, and is
registered as a "clearing agency" pursuant to Section 17A of the Securities
Exchange Act of 1934, as amended.
"Clearing Agency Participant" means a broker, dealer, bank, other financial
institution or any other person for whom from time to time a Clearing Agency
effects book-entry transfers and pledges of securities deposited with the Clearing
Agency.
"Code" means the Intemal Revenue Code of 1986, as amended, and the relevant
applicable regulations of the United States Department of the Treasury
thereunder, and any successor provisions to those provisions and regulations and
any applicable regulations issued pursuant to the Internal Revenue Code of 1954,
as amended.
"Compounding Date" means the first (P') day of each April and October,
commencing April 1, 2004.
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"Continuing Disclosure Agreement" means the continuing disclosure agreement
dated as of the date hereof between the Issuer and the trustee, as originally
executed and as it may be amended from time to time in accordance with the
terms thereof
"Costs of Issuance" means the items of expense payable or reimbursable directly
or indirectly by the Issuer and related to the authorization, sale and issuance of
Bonds, which items of expense shall include but shall not be limited to, travel
expenses, printing costs, costs of reproducing documents, filing and recording
fees, initial fees, charges and expenses (including counsel's fees and expenses) of
the tmstee, legal fees and charges (including Bond Counsel, counsel to the Issuer,
and counsel to the underwriter), underwriting fees and expenses, professional
consultants' fees, computer charges, costs of credit ratings, fees and charges for
execution of Bonds and other costs, charges and fees in connection with the
foregoing and the investment of Bond proceeds.
"Costs of Issuance Fund" means the fund by that name created p u r s u a n t to
Section 4.02 hereof.
"D.T.C." means The Depository Trust Company, New York, New York, and its
successors and assigns.
"Default" and "Event of Default" mean any occunence or event specified in
Section 7.01 hereof.
"General Fund" means the fund by that name created pursuant to Section 4.02
hereof.
"Govemment ObUgations" means direct non-callable obligations of the United
States of America or non-callable obligations, the principal of and interest on
which are guaranteed by the United States of America.
"Indenture" means this t m s t indenture and all amendments or supplements
thereto.
"Initial Principal Amount" means, with respect to the Bonds for each Five
Thousand Doflars ($5,000) of Maturity Value, $
.
"Initial Release Date" means, with respect to each of the Senior Indentures, the
first (P') date on which the claims of such Senior Indenture have been satisfied
and disclosed, and the residual property held pursuant to each such Senior
Indenture have been transfened to the tmstee.
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"Maturity Value" means the final Accreted Value of each Bond payable at
maturity in the amount of Five Thousand Dollars ($5,000) for each Initial Principal
Amount represented by such Bond.
"Moody's" means Moody's Investors Services, Inc.
"Mortgage Loan" means the mortgage loans backing the Mortgage Certificate.
"Non-mortgage Investments" means all of the monies and securities and other
investments comprising the trust estate as granted by Granting Clause Third.
"Notice Address" means:
(i)
As To The Issuer:
City of Chicago
33 North LaSalle Street,
Suite 600
Chicago, Illinois 60602
Attention: City Comptroller
(ii)
As To The Tmstee:
"Outstanding" or "Bonds Outstanding" means all Bonds which have been
authenticated and delivered by the trustee under this Indenture, except:
(i) Bonds canceled after purchase in the open market or because of payment
at or redemption prior to maturity;
(ii) Bonds deemed to have been paid as provided in Article IX hereof; and
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(iii) Bonds in lieu of which other Bonds have been authenticated under
Section 2.10 hereof.
"Pajdng Agent" means the trustee acting in its capacity as pajdng agent for the
Issuer hereunder.
"Permitted Investments" means any of the following which at the time are legal
investments for trustees of funds of any public bodies corporate under the laws
of the State for monies held hereunder which are then proposed to be invested
therein: (i) obligations of, or obligations guaranteed as to full and timely pajmient
of principal and interest by, the United States or any agency or. instrumentality
thereof when such obligations are backed by the full faith and credit ofthe United
States, (ii) consolidated debt obligations of Federal Home Loan Banks, Federal
Farm Credit System Obligations and Federal Home Loan Mortgage Corporation
debentures, (iii) obligations of government-sponsored agencies that are backed by
the full faith and credit of the United States (excluding interest only stripped
mortgage securities, principal only stripped mortgage securities which are valued
greater than par on the portion of unpaid principal, and securities that do not
have a fixed par value a n d / o r whose terms do not promise a fixed dollar amount
at maturity or call date), (iv) federal funds, unsecured certificates of deposit, time
deposits, and bankers' acceptances (having maturities of not more than three
hundred sixty-five (365) days) of any bank the short-term obligations of which
have been rated A-1+ by S86P (including the trustee, so long as the short-term
obligations thereof have been so rated), (v) deposits that are fully insured by the
Federal Deposit Insurance Corporation (including those of the trustee), (vi) debt
obligations rated the rating on Bonds or higher (excluding securities that do not
have a fixed par value a n d / o r those whose terms do not promise a fixed dollar
amount at maturity or call date), (vii) commercial paper having an original
maturity lof Inotl more Ithan three hundred sixty-five (365) days rated by S86P
"A-1+", or money market accounts rated by S86P "AAAm-G", (viii) repurchase
agreements ofa term no longer than three hundred sixty-five (365) days with any
institution with debt rated "AAA" by S86P or commercial paper rated "A-1" + by
S86P; and (tx) any pooled or common trust fund of the trustee or money market
fund (including those of the tmstee, and including any proprietary mutual fund
of the trustee for which the tmstee or an affiliate of the trustee serves as
investment advisor or provides other services to such mutual fund and receives
reasonable compensation therefor) containing, or repurchase agreement backed
by, only those permitted investments listed in clauses (i), (ii) and (iii) hereof rated
by S86P "AAAm" or "AAAm-G"; provided that all permitted investments shall have
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a predetermined fixed dollar amount of principal due at maturity which cannot
vary or change, if rated shall not have an "r" highlighter, and if the interest rate
thereon is not fixed shall bear interest at a rate tied to a single rate index plus a
single fixed spread (if any) and move proportionally with that index.
"Program Expenses" means
"Program Fund" means
Section 4.02 hereof
the fund by that name established
.
pursuant to
"Purchase Contract" means the Bond Purchase Contract between the Issuer and
the underwriter relating to the sale and purchase ofthe Bonds.
"Redemption Date" means April 1 or October 1 of each year, on which dates the
Bonds shall be subject to mandatory redemption from funds available therefor
pursuant to 3.01(b) hereof
"Redemption Fund" means the fund by that name established pursuant to
Section 4.02 hereof
"Registered Owner" or "Owner" means the person in whose name a Bond is
registered as shown on the Bond Register.
"Residual Property" means that property of the t m s t estate described by
Granting Clauses First, Second and Third.
"Revenues" means (i) all amounts transfened or required to be transfened to the
City pursuant to the Senior Indentures after the satisfaction and discharge of all
obligations of the Issuer under each respective Senior Indenture; (ii) all interest
received on or profits derived from investing money held in the funds and accounts
created under the Indenture (other than the Costs of Issuance Fund, the Program
Fund); and (iii) any other income, revenue or receipts of the Issuer which are
defined by a supplemental indenture as revenues and pledged to the tmstee as
part ofthe t m s t estate pursuant to a supplemental indenture; provided, however,
that "Revenues" shall not include the Program Fund, or the Costs of Issuance
Fund.
"S86P" means Standard 86 Poor's Ratings Services, a division of The McGraw-Hill
Companies, Inc., and its successors.
"State" means the State oflllinois.
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"Trust Estate" means the property, rights, monies, securities and other collateral
pledged and assigned to the trustee pursuant to the Granting Clauses hereof.
"Trustee" means
.
"Trustee's Fee" means the fee payable to the Trustee for its expected and normal
services and expenses hereunder (and under the agreements) as Trustee, Bond
Registrar and Paying Agent and for its services as Dissemination Agent under the
Continuing Disclosure Agreement, payable in full on the Bond Delivery Date as
provided by Sections 4.05(b) and 6.04 hereof
"Underwriter" means George K. Baum 85 Company.
"Verification Certificate" means an opinion signed by an independent firm of
recognized expertise selected by the Issuer and acceptable to the Tnastee verifying
appended cash flows as to the sufficiency of funds to pay debt service and all other
obligations of the Issuer under this Indenture.
Unless otherwise defined herein, all words and phrases defined in Article I of the
Senior Indentures and the agreements shall have the same meanings in this
Indenture.
Section 1.02 Rules Of Constmction.
For adl purposes of this Indenture, except as otherwise expressly provided or
unless the context shall otherwise require:
(i) The words "hereof, "herein", "hereunder", "hereto" and other words of simflar
import refer to this Indenture as a whole.
(ii) References to articles, sections and other subdivisions ofthis agreement are
to the designated articles, sections and other subdivisions of this Indenture as
originally executed.
(iii) The captions of this Indenture are for convenience only and shall not define
or limit the provisions hereof.
(iv) The term "person" when used herein shall mean any individual, corporation,
limited liability company, partnership, association, joint stock company, trust,
unincorporated organization, or joint venture, court, govemment or political
subdivision or agency thereof.
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Article IL
The Bonds.
Section 2.01 Authorization And Purposes Of Bonds.
This Indenture creates an issue of bonds of the Issuer, to be designated as "City
ofChicago, Illinois Residual Revenue Capital Appreciation Bonds, Series 2003", and
creates a continuing assignment, pledge and lien to secure the full and final
payment ofthe Accreted Value ofall the Bonds from the Trust Estate, all subject to
the terms and conditions established by this Indenture. The aggregate principal
amount ofthe Bonds which may be issued, executed, authenticated and delivered
under this Indenture (other than Bonds authenticated and delivered in exchange of
or in lieu of other Bonds as provided herein) is $
and that amount may
not be increased by any indenture supplemental to this Indenture.
Section 2.02 Issuance And Terms Of Bonds; Limited Obligations.
The Bonds shall be issued as fully registered bonds, without coupons, in principal
denominations of Five Thousand Dollars ($5,000) Maturity Value and any integral
multiple thereof The Bonds shall be numbered "R-l" and consecutively upward.
The Bonds shall mature on the dates in the respective Maturity Values, as follows:
Maturity Date
October 1, 2031
Maturity Value
$
Approximate Accretion Rate
%
The Bonds shall bear interest (calculated on the basis of a three hundred sixty
(360) day year composed of twelve (12) months of thirty (30) days each) from the
Bond Delivery Date until the Accreted Value is paid or duly provided for, at the
approximate accretion rate set forth above compounded semiannually on each
Compounding Date, and shall be payable as hereinafter provided.
Except for the initial period, the Initial Principal Amount and the Accreted Value
as of each Compounding Date of a Bond having a Maturity Vadue of Five Thousand
Dollars ($5,000) is as stated in (Sub)Exhibit B hereto. The Accreted Value as ofany
other date of a Bond having a Maturity Value of Five Thousand Dollars ($5,000)
shall be determined by straight line interpolation between the Accreted Value for the
Bond Delivery Date or Compounding Date, as the case may be, immediately
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preceding and the Accreted Value for the Compounding Date immediately
succeeding the date of calculation, assuming each year consists of twelve (12) thirty
(30) day months. With respect to the stated maturity date ofthe Bond, the Accreted
Value is the Maturity Value of each Bond.
The Bonds are not general obligations of the Issuer but are limited obligations of
the Issuer payable solely from the Trust Estate and shall be a valid claim of the
respective Registered Owners thereof against said Trust Estate. The Bonds do not
constitute a liability or obligation, either direct or indirect, of the Issuer, the State
oflllinois or any political subdivision or agency thereof (other than the Issuer as set
forth herein) and are not a pledge ofthe faith and credit ofthe Issuer, the State of
Illinois or any political subdivision thereof within the meaning of any State
constitutional or statutory provisions or limitations.
Section 2.03
Forms Of The Bonds.
The Bonds shall be issued substantially in the form set forth as (Sub)Exhibit A
attached hereto in printed or typewritten form with such variations, omissions and
insertions as are permitted or required by this Indenture. At the Issuer's discretion,
CU.S.I.P. numbers may be printed on the Bonds.
Section 2.04 Execution Of The Bonds.
The Bonds shall be executed on behalf of the Issuer with the manual or facsimile
signature of its Mayor, attested by the manual or facsimile signature of the City
Clerk, and shall have impressed or imprinted thereon the official seal of the Issuer
or a facsimile thereof In case any officer of the Issuer whose signature or whose
facsimile signature shall appear on the Bonds shall cease to be such officer before
the deUvery ofsuch Bonds, such signature or facsimile signature shall nevertheless
be valid and sufficient for all purposes, the same as if he had remained in office
until delivery.
Section 2.05 Authentication Of Bonds.
No Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Indenture unless and until a certificate of authentication on such
Bond substantially in the form set forth in (Sub)Exhibit A attached hereto shall have
been duly executed by the Trustee; and such executed certificate of the Tmstee
upon any such Bond shall be conclusive evidence that such Bond has been
authenticated and delivered under this Indenture. The Trustee's certificate of
authentication on any Bond shall be deemed to have been executed by it if signed
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by an authorized officer or signatory. It shall not be necessary that the same officer
or signatory sign the certificate of authentication on all of the Bonds issued
hereunder.
Section 2.06 Temporary Bonds.
Until the definitive Bonds are prepared, the Issuer may execute, in the same
manner as is provided in Section 2.04 hereof, and, upon the request ofthe Issuer,
the Trustee shall authenticate and deliver, in lieu of definitive Bonds, but subject
to the same provisions, limitations and conditions as the definitive Bonds, one (1)
or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu
of which such temporary Bond or Bonds are issued in such denominations as are
authorized by the Issuer pursuant to the terms hereof and with such omissions,
insertions and variations as may be appropriate to temporary Bonds. The Issuer at
its own expense shall prepare and execute and, upon the s u n e n d e r of such
temporary Bonds for exchange and the cancellation of such sunendered temporary
Bonds, the Trustee shall authenticate and, without charge to the Registered Owner
thereof, deliver in exchange therefor, definitive Bonds of the same series and
maturity and the same aggregate Accreted Value as the temporary Bonds
sunendered. Until so exchanged, the temporary Bonds shall in all respects be
entitled to the same benefits and security as definitive Bonds authenticated and
issued pursuant to this Indenture.
Ifthe Issuer shall authorize the issuance of temporary Bonds in more than one (1)
denomination, the Registered Owner of any temporary Bond or Bonds may, at his
option, s u n e n d e r the same to the Trustee in exchange for another temporary Bond
or Bonds ofany other authorized denomination or denominations, and thereupon
the Issuer shall execute and the Tmstee shall authenticate and, upon payment by
the Registered Owner of any applicable taxes, fees and charges, shall deliver a
temporary Bond or Bonds of the same series and maturity and the same Accreted
Value in such other authorized denomination or denominations as shall be
requested by the Registered Owner of such Bond.
All temporary Bonds sunendered in exchange either for another temporary Bond
or Bonds or for a definitive Bond or Bonds shall be cancelled forthwith by the
Tmstee.
Section 2.07
Delivery Of Bonds.
Upon the execution and delivery ofthis Indenture, the Trustee shall deliver the
Bonds, executed on behalf of the Issuer and authenticated on behalf of the Tmstee,
as directed by the Issuer upon receipt by the Trustee of the following:
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(i) a copy, duly certified by the City Clerk, ofthe ordinance adopted by the Issuer
authorizing the issuance of the Bonds and the execution and delivery of the
Purchase Contract and this Indenture;
(ii) an originad executed counterpart of this Indenture;
(iii) a request and authorization to the Trustee on behalf of the Issuer and signed
by its City Comptroller to authenticate and deliver the Bonds to the purchaser(s)
identified therein upon payment to the Trustee, for the account of the Issuer, of
a sum specified in such request and authorization;
(iv) an opinion of Bond Counsel to the effect that the Bonds constitute legal,
valid and binding obligations of the Issuer enforceable in accordance with their
terms (subject to any applicable bankruptcy, reorganization, insolvency,
moratorium or similar state or federal laws relating to or affecting the enforcement
of creditors' rights now or hereafter in effect and, to the extent that certain
remedies under the Bonds require, or may require, enforcement by a court of
equity, subject to such principles of equity as the court having jurisdiction may
impose); and
(v)
"
evidence that the Bonds have been rated "
" by Moody's.
" by S86P and
Section 2.08 Application Of Bond Proceeds.
The proceeds of the Bonds upon the issuance and delivery thereof shall be
deposited by the Trustee as directed in Section 4.03 ofthis Indenture.
Section 2.09
Appointment Of Pajdng Agent.
The Trustee is hereby appointed as Pajdng Agent for the Bonds and in such
capacity shall hold all amounts designated for the payment of the Accreted Value
of the Bonds in trust for the benefit of the Registered Owners entitled thereto.
The Accreted Vadue of the Bonds shall be payable in such money of the United
States of America as is lawful at the time of payment upon presentation of such
Bonds at the corporate trust office ofthe Tmstee (initially in Baltimore, Maryland)
as the same shall become due and payable. Notwithstanding the foregoing, for the
Bond Depository, the Trustee shall make pajmient by wire transfer in immediately
avaflable federal funds without the necessity of any immediate presentation and
s u n e n d e r of Bonds.
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Section 2.10 Appointment Of Bond Registrar; Registration Of Bonds.
The Tmstee is hereby appointed the Bond Registrar of the Issuer with respect to
the Bonds and in such capacity the Tmstee shall cause the Bond Register to be kept
for the registration of the Bonds and shall record thereon any change of address
given to the Trustee by the Registered Owner ofany Bond. At reasonable times and
under reasonable regulations established by the Trustee, said list may be inspected
and copied by the Issuer or the Registered Owners (or a designated representative
thereof) of fifteen percent (15%) or more ofthe Bond Obligation.
The Registered Owner of any Bond may present a Bond to the Trustee for
exchange or transfer. Upon s u n e n d e r for exchange or transfer of any Bond at the
corporate t m s t office ofthe Tmstee (initially in Baltimore, Maryland), the Trustee
shall authenticate and deliver in the name ofthe Registered Owner or the transferee
or transferees, as the case may be, a new Bond or Bonds of authorized
denominations of the same series and maturity for the same Accreted Value as the
Bond so sunendered.
Any Bond presented for transfer, exchange, registration, redemption or pajmient
(if so required by the Tmstee) shall be accompanied by a written instrument or
instmments of transfer or authorization for exchange, in form and with guaranty of
signature satisfactory to the Trustee, duly executed by the Registered Owner thereof
or by his duly authorized attomey.
In all cases in which Bonds shall be exchanged or transferred hereunder, the
Issuer or the Trustee may make a charge for every such exchange or transfer
sufficient to reimburse it for any tax, fee or other govemmental charge required to
be paid with respect to such exchange or transfer, and in addition the Issuer and
the Trustee may charge a sum sufficient to reimburse them for expenses i n c u n e d
in connection with such exchange or transfer.
The Issuer and the Trustee shall not be required to register, transfer or exchange
any Bonds selected for redemption in whole or in part.
New Bonds delivered upon any transfer or exchange in accordance with the terms
hereof shall be valid obligations of the Issuer, evidencing the same debt as the
Bonds sunendered, shall be secured by this Indenture and shall be entitled to all
of the security and benefits hereof to the same extent as the Bonds sunendered.
The person in whose name any Bond shall be registered shall be deemed and
regarded as the absolute owner thereof for all purposes and pajmient of or on
account of the Accreted Value of any such Bond shall be made only to the
Registered Owner thereof or his registered assigns and neither the Issuer nor the
Tmstee shall be affected by any notice to the contrary. All such pajmients shall be
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valid and effectual to satisfy and discharge the liability upon such Bond to the
extent of the sum or sums to be paid.
Section 2.11
Mutilated, Lost, Stolen Or Destroyed Bonds.
In the event any Bond is mutilated, lost, stolen or destroyed, the Issuer may
execute and the Tmstee may authenticate a new Bond of like date, series, maturity,
denomination and interest rate as such mutilated, lost, stolen or destroyed Borid;
provided that, in the case ofany mutilated Bond, such mutilated Bond shall first be
sunendered to the Issuer, and, in the case of any lost, stolen or destroyed Bond,
there shall be first fumished to the Trustee evidence of such loss, theft or
destruction satisfactory to the Trustee, and in each case, there shall be furnished
to the Trustee any indemnity required by the Trustee and satisfactory to it. In the
event any such Bond shall have matured or been called for redemption, instead of
issuing a duplicate Bond, the Issuer may pay the same without s u n e n d e r thereof
The Issuer and the Trustee may charge the Registered Owner of such Bond their
reasonable fees and expenses in connection with replacing any Bond or Bonds
mutilated, lost, stolen or destroyed.
Section 2.12
Cancellation And Destruction Of Bonds.
Whenever any Bond shall be delivered to the Trustee for cancellation pursuant to
this Indenture upon payment in full thereof at maturity or upon redemption, or for
replacement pursuant to Section 2.11 hereof, such Bond shall be cancelled and
destroyed by the Tmstee and a certificate of destruction describing the Bond so
destroyed evidencing such destruction shall be fumished by the Trustee to the
Issuer.
Section 2.13 Book-Entry System.
(a) The Bonds shall be registered in the name of Cede 86 Co. ("Cede"), as nominee
for D.T.C, except as provided in subsection (c) of this section. The Issuer has
executed and delivered to D.T.C. the Bond Depository Agreement.
(b) With respect to Bonds registered in the Bond Register hereof in the name of
Cede or any successor Clearing Agency, or a nominee therefor, the Issuer and the
Trustee shall have no responsibility or obligation to any Clearing Agency Participant
or to any person on behalf of whom such Clearing Agency Participant holds an
interest in Bonds. The Issuer and the Trustee may treat and consider the
Registered Owner of any Bond as the holder and absolute owner of such Bond for
the purpose of payment of the Accreted Value with respect to such Bond, for the
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purpose of registering transfers and exchanges with respect to such Bond, and for
all other purposes whatsoever. The Tmstee shall pay all the Accreted Value of the
Bonds only to or upon the order of the respective Registered Owners of the Bonds
and all such payments shall be valid and effective with respect to such pajmients
to the extent ofthe sum or sums so paid. The Issuer and the Trustee shall have no
responsibility or obligation with respect to (i) the accuracy ofthe records of D.T.C,
any successor Clearing Agency or any Clearing Agency Participant with respect to
any ownership interest in Bonds, (ii) the delivery to any Clearing Agency Participant
or any other person, other than a Registered Owner of a Bond as shown in the Bond
Register, of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the pajmient to any Clearing Agency Participant or any other
person, other than a Registered Owner ofa Bond, ofany amount with respect to any
Bond. The rights of Clearing Agency Participants and persons on behalf of whom
any Clearing Agency Participant holds a beneficial interest in Bonds shall be limited
to those established by law and agreements between such Clearing Agency
Participants and other persons and the applicable Clearing Agency.
(c) In the event that either (1) D.T.C. or any successor Clearing Agency that is,
directly or through a nominee, the Registered Owner ofall ofthe Outstamding Bonds
notifies the Trustee and the Issuer that it is no longer willing or able to discharge
its responsibilities as a Clearing Agency for the Bonds or (ii) the Issuer determines
that continuance ofthe existing book-entry system for ownership of interests in the
Bonds is not in the best interest ofsuch owners of beneficial interest in the Bonds,
then the Issuer shall direct D.T.C. or such successor Clearing Agency to terminate
the existing book-entry system for ownership oflnterest in the Bonds and promptly
notify the Tmstee of such direction. Upon such termination, the Issuer shall
promptly select a substitute Clearing Agency (and shall notify the Trustee in writing
ofsuch selection) to provide a system of book-entry ownership of beneficial interests
in the Bonds, ifone (1) is available satisfactory to the Issuer, and the ownership of
all Bonds shall be transferred on the Bond Register to such successor Clearing
Agency, or its nominee. In the altemative, the Issuer may direct the Trustee to, and
if the Issuer fails to promptly designate a successor Clearing Agency the Tmstee,
without further direction, shall, notify the Clearing Agency Participants, through
D.T.C. or its successor Clearing Agency for the Bonds, ofthe availability of Bonds
registered in the names of such persons as are owners of beneficial interests in the
Bonds and, upon s u n e n d e r to the Trustee ofthe Outstanding Bonds held by D.T.C.
or such successor Clearing Agency, accompanied by registration instmctions from
D.T.C. or such successor Clearing Agency, the Trustee shadl, at the expense ofthe
transferees, cause to be printed and authenticated Bonds in such denominations
as are permitted by Section 2.02, and shall deliver the same to the owners of
beneficial interests in the Bonds as of the date of the termination of the existing
book-entry ownership system for the Bonds. Neither the Issuer nor the Trustee
shall be liable for any delay in delivery ofsuch instructions, and the Issuer and the
Trustee may conclusively rely on, and shall be protected in relying upon, such
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instmctions. So long as the Issuer has designated a Clearing Agency to provide a
system of book-entry ownership ofthe Bonds, all ofthe Bonds must be held under
such book-entry system.
(d) Notwithstanding any other provisions in this Article II, the Issuer and the
Trustee may, but shall not be required to, enter into separate agreements
with one (1) or more Clearing Agencies which may provide for altemative or
additional procedures with respect to the delivery of notices, pajmient of interest
a n d / o r principal, or any other matters.
Article III
Redemption Of Bonds.
Section 3.01
Redemption Of Bonds.
(a) Optional Redemption. The Bonds are subject to redemption at the option of
the Issuer exercised by delivering notice thereof to the Tmstee at least thirty (30)
days (or such lesser number of days as the Trustee in its sole discretion shall
permit) prior to the date of redemption in whole or in part at any time on or after
1, 2013 from monies made available for such purpose pursuant to
Sections 4.06(ii) hereof deposited in the Redemption Fund), provided that the
redemption price shadl be paid only from Available Monies, at the respective
redemption price (expressed as a percentage of Accreted Value at the redemption
date) set forth in the table below:
Redemption
Price
Redemption Period
(both dates inclusive)
1, 2013 through
31,2014
102%
1, 2014 through
31,2015
101%
1, 2015 and thereafter
100%
(b) Mandatory Redemption From Redemption Fund. The Bonds are subject to
mandatory redemption at a price equal to one hundred percent (100%) of the
Accreted Value of the Bonds to be redeemed on each Redemption Date in whole or
in part from monies in the Redemption Fund pursuant to Section 4.06(1) hereof.
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Section 3.02 Partial Redemption Of Bonds.
If the Bonds are to be redeemed in part, portions of any Bonds to be redeemed
shall be in denominations of Five Thousand Dollar ($5,000) Maturity Value or any
integral multiple thereof, and (i) in selecting Bonds for redemption, the Trustee shall
assign to each Outstanding Bond of greater than Five Thousand Dollar ($5,000)
Maturity Value a distinctive number for each Five Thousand Dollar ($5,000)
Maturity Value so as to distinguish each such portion from each other portion ofthe
Bonds subject to such redemption, and (ii) the Bonds or portions thereof to be
redeemed shall be selected by the Trustee by lot, using such method of selection as
it shall deem proper in its sole discretion, from the numbers of, and the numbers
assigned to, such Bonds.
Upon s u n e n d e r of any Bond for redemption in part only, the Trustee shall
authenticate and deliver to the owner thereof, a new Bond in aggregate Accreted
Value equal to the unredeemed portion of the Bond sunendered.
Section 3.03
Notice Of Redemption.
(a) When redemption of Bonds is required by this Indenture, the Trustee shall give
notice, in the name of the Issuer, of the redemption of such Bonds to the Owners
thereof, which notice shall specify the following: (i) the CU.S.I.P. number, ifany, of
the Bonds to be redeemed, provided that any such notice shall state that no
representation is made as to the conectness of such number either as printed on
the Bonds or as contained in any notice of redemption, (ii) the date ofsuch notice,
(iii) the date of issuance of the Bonds, (iv) the redemption date, (v) the place or
places where amounts due upon such redemption will be payable, (vi) if less than
all ofthe Bonds are to be redeemed, the letters and numbers or other distinguishing
marks ofsuch Bonds so to be redeemed, and (vii) that on the redemption date there
shall become due and payable upon each Bond to be redeemed the Accreted Value
thereof to such redemption date, and that from and after the redemption date
interest thereon shall cease to accrue and be payable.
(b) The Trustee shall deliver notice of a redemption by first class mail, at least
fifteen (15) but no more than thirty (30) days before such redemption date, to the
Owners of any Bonds, all or a portion of which are to be redeemed, at the last
address, if any, appearing upon the Bond Register. Failure to give such notice by
mail to any Owner, or any defect therein, shall not affect the validity of any
proceedings for the redemption of other Bonds.
In the event that the Bonds are not registered in the nominee name of D.T.C, the
Trustee also shall mail a copy of such notice by first class, registered or certified
mail or ovemight deUvery service for receipt not less than fifteen (15) days before
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such redemption date to the following: The Depository Trust Company, 711 Stewart
Avenue, Garden City, New York 11530, Attention: Call Notification; and Standard
and Poor's Called Bond Record, 25 Broadway, New York, New York 10004; provided,
however, that such mailing shall not be a condition precedent to such redemption
and failure so to mail any such notice shall not affect the validity of any proceedings
for the redemption of Bonds.
(c) Any notice mailed as provided in this section shall be conclusively presumed
to have been duly given, whether or not the Registered Owner of such Bonds
receives the notice.
(d) Except in the case of redemptions under Section 3.01(a) hereof (optional
redemptions) which are funded from the proceeds of refunding bonds (in which case
notice may be given prior to and conditioned upon the deposit of monies sufficient
to pay the Accreted Value of the Bonds redeemed), prior to sending a notice of
redemption, there shall be credited to the Redemption Fund funds sufficient to pay
the Accreted Value ofthe Bonds redeemed, invested by the Trustee in a fund ofthe
type described by clause (tx) of the definition of "Permitted Investments".
(e) All redemptions shall be effected as soon as practicable following the event
giving rise thereto.
Section 3.04
Payment Of Redeemed Bonds.
Before any date fixed for redemption, amounts available to provide for pajmient of
such redemption held in any funds and accounts hereunder shall be transfened by
the Tmstee for deposit in the Redemption Fund, to pay, amd the Trustee is hereby
authorized and directed to apply such funds to the payment of, the Accreted Value
of the Bonds being redeemed as of the date fixed for redemption. Upon the giving
of notice and the deposit of sufficient funds for redemption, interest on the Bonds
or portions thereof thus called shall no longer accrue and the Accreted Value thereof
shall no longer increase after the date fixed for redemption. Subject to the provisions
of Section 2.09 hereof, no payment shall be made by the Trustee upon any Bond
called for redemption until such Bond shall have been delivered for payment or
cancellation or the Trustee shall have received the items required by Section 2.11
hereof with respect to any mutilated, lost, stolen or destroyed Bond. Ifany Bond or
portion thereof called for redemption is not so paid upon presentation and s u n e n d e r
thereof for redemption, such Bond or portion thereof shall continue to accrue
interest at the rate set forth thereon until paid or until due provision is made for the
payment of same.
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Purchase In Lieu Of Redemption.
Subject to the approval of Bond Counsel, upon the written direction ofthe Issuer,
the Trustee shall purchase Bonds, on behalf of the Issuer, on the open market in
lieu of redemption at a price approved in writing by the Issuer, so long as the
purchase price ofany such Bonds does not exceed the applicable redemption price.
Bonds so purchased shall be canceled (except in the case of Bonds purchased in
lieu of optional redemption).
Ifthe Issuer shall so direct in writing, the Trustee shall request the submission of
tenders by first class mail sent to owners at the address shown on the Register of
the Trustee requesting such submission prior to making the purchases authorized
pursuant to the preceding paragraph. The written direction of the Issuer shall
specify the maximum and minimum period of time which shall transpire between
the date upon which such notice is to be given and the date upon which such
tenders are to be accepted. No tenders shall be considered or accepted at any price
exceeding the price specified in the preceding paragraph for the purchase of Bonds.
The Trustee shall accept bids with the lowest price and in the event the monies
available for purchase pursuant to such tenders are not sufficient to permit
acceptance of all tenders and if there shall be tenders at an equal price above the
amount of monies available for purchase, then the Trustee shall select by lot, the
Bonds tendered which shall be purchased. Bonds shall be purchased only in
permitted denominations.
Article TV.
Establishment Of Funds And Accounts
And Applications Thereof.
Section 4.01
Pledge.
The pledge ofthe Trust Estate hereby (subject to the satisfaction and discharge of
all of the Issuer's obligations under each respective Senior Indenture as provided
in this Indenture) shall be valid and binding from and after the date of execution of
this Indenture and the Revenues shall immediately be subject to the lien of such
pledge without any physical delivery thereof or further act, and the lien of such
pledge shall be valid and binding as against all parties having claims of any kind in
tort, contract or otherwise against the Issuer, inespective of whether such parties
have notice thereof
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Establishment Of Funds.
The following special funds shall be established and maintained pursuant to the
provisions of this Indenture:
(a) a General Fund;
(b) a Program Fund;
(c) a Costs of Issuance Fund;
(d) a Bond Fund; and
(e) a Redemption Fund.
No amounts may be withdrawn, transfened or paid out ofthe above funds except
as provided in this article.
Section 4.03
Deposit Of Proceeds And Other Funds.
There have been paid to the Trustee by the Underwriter the $
proceeds
ofthe Bonds ($
Initial Principal Amount plus Zero Dollars ($0) accrued
interest).
The Trustee shall deposit said proceeds as follows:
$
shall be deposited in the Program Fund, and $
deposited in the Costs of Issuance Fund.
Section 4.04
shall be
Use Of Monies In The Bond Fund.
The Trustee shall transfer monies from the General Fund to the Bond Fund in
accordance with Sections 4.05(b) and 7.04 hereof Monies in the Bond Fund shall
be used solely for the payment of the Accreted Value of the Bonds at maturity. The
Issuer hereby covenants and agrees that so long as any of the Bonds issued
hereunder are outstanding it will promptly deposit, or cause to be promptly paid to
the Trustee for deposit, in the Bond Fund, all income, revenues and receipts derived
from the Trust Estate to the extent necessary to pay the Accreted Value of the
Bonds, as the same becomes due and payable either at maturity or acceleration,
subject to the terms of Section 4.05 hereof Nothing herein shall be constmed as
requiring the Issuer to use for such purpose any funds or revenues from any source
other than the funds and revenues derived from or constituting the Trust Estate.
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Section 4.05
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General Fund.
(a) The Trustee shall deposit in the General Fund all funds transfened to the
Trustee by the Senior Trustees, all revenues and receipts therefrom and any other
amounts pledged to the repayment ofthe Bonds.
(b) Monies in the General Fund shall be transferred on the first (P') day ofeach
month to the Bond Fund for further credit to the Redemption Fund, or solely on the
maturity date of the Bonds, to the Bond Fund without such future credit.
Section 4.06
Redemption Fund.
The Trustee shall deposit in the Redemption Fund: (i) monies transfened from the
General Fund in accordance with Section 4.05(b) hereof to effect a mandatory
redemption ofthe Bonds pursuant to Section 3.01(b) hereof, and (ii) any monies
delivered by the Issuer to the Trustee to effect an optional redemption of Bonds
pursuant to Section 3.01(a) hereof Monies on deposit in the Redemption Fund
shall be used to pay the Accreted Value of any Bonds to be redeemed pursuant to
Section 3.01 hereof
Section 4.07
Program Fund.
On the Bond Delivery Date, the Trustee shall deposit in the Program Fund Bond
proceeds in the amount stated by Section 4.03 hereof
Monies in the Program Fund shall be transfened to the Issuer either in whole or
in part upon the written direction of the Issuer to the Trustee and shall be applied
by the' Issuer for any lawful purpose. Any eamings on investment of monies
deposited in the Program Fund shall be deposited in the Program Fund.
Section 4.08
Costs Of Issuance Fund.
Amounts deposited in the Costs of Issuance Fund pursuant to Section 4.03 hereof
shall be expended only to pay Costs of Issuance upon receipt of written instructions
from the Issuer [or to pay the expenses of an Advisor (as defined in Section 5.03
below), as such expenses accme, upon receipt of written instmctions from the
Issuer]. [Any ofsuch amounts not so expended to pay Costs of Issuance by the first
(P') Compounding Date shall be transfened to the Program Fund.]
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Section 4.09 Trustee's Maintenance Of Records On Payment Of Bonds.
In connection with the payment, redemption or purchase of all Bonds under the
provisions of this Indenture, the Trustee shall keep accurate records of the source
of the monies used to pay, redeem or purchase such Bonds (whether derived from
any balance remaining in any fund under this Indenture or otherwise).
Section 4.10
Investment Of Funds And Accounts Held By The Trustee.
Monies held in any fund or account hereunder shall be invested in Permitted
Investments at the written direction of the Issuer, provided that the Permitted
Investments so acquired shall have a maturity (at the date of acquisition) that does
not exceed the date on which such funds will be required hereunder (as the Issuer
shall direct). If no such direction is given, the Tmstee shall invest all money held
under this Indenture in the investments permitted under clause (tx) ofthe definition
of Permitted Investments in Section 1.01 hereof The Tmstee may make any and all
investments through its bond or investment department or the bond or investment
department of any bank or trust company controlling, controlled by or under
common control with the Tmstee.
The investments so made shall be held by the Trustee and shall be deemed at all
times to be a part ofthe fund in which such monies were held, provided that for the
purpose of investment, monies held in any ofthe funds established hereunder may
be commingled.
Eamings on investments (net of losses) of monies in the funds established
hereunder shall be credited to or deposited in the funds, respectively, as follows:
Investment Source
Earnings Deposit
General Fund
General Fund
Program Fund
Program Fund
Costs of Issuance Fund
Program Fund
Bond Fund
General Fund
Redemption Fund
General Fund
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The Trustee is directed to sell and reduce to cash a sufficient amount of such
investment to cover a proper disbursement therefrom.
Section 4.11
Liability Of Issuer And The Trustee For Investments.
The Issuer and the Tmstee shall not be liable or responsible for the making ofany
investment authorized by the provisions of this article or the Tax Certificate in the
manner provided in this article or such Tax Certificate, or for any loss resulting from
any such investment so made.
Section 4.12 Amounts Remaining In Funds And Accounts.
Except as provided in Section 9.03 hereof (unclaimed monies), any amounts
remaining in any fund or account (other than the Cost of Issuance Fund and the
Program Fund) after full payment of the Bonds and all other amounts required to
be paid hereunder and under the Agreements, shall be repaid to the Issuer.
Article V.
Covenants Of The Issuer.
Section 5.01
Payment Of Accreted Value.
The Issuer covenants that it will promptly pay the Accreted Value on each Bond
issued under this Indenture at the place, on the dates and in the manner provided
herein and in said Bonds according to the true intent and meaning thereof, provided
that such Accreted Value is payable by the Issuer solely from the Trust Estate.
Nothing in the Bonds or this Indenture is intended to constitute an assignment or
pledge of any other funds or assets of the Issuer other than as specifically pledged
and assigned hereunder.
Section 5.02
Performance Of Covenants Of The Issuer; Authority Of The
Issuer.
The Issuer covenants that it will faithfully perform at all times any and all of its
covenants, undertakings, stipulations and provisions contained in this Indenture,
the Agreements, in any and every Bond executed, authenticated and delivered
hereunder and in all ofits proceedings pertaining hereto. The Issuer covenants that
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it is duly authorized under the constitution and laws ofthe State to issue the Bonds
authorized hereby and to execute this Indenture, to execute and deliver the
Agreements, to assign said Agreements, the amounts payable thereunder and the
Mortgage Certificates, and to pledge the amounts hereby assigned and pledged in
the manner and to the extent herein set forth; that all action on its part for the
issuance of the Bonds and the execution and delivery of this Indenture has been
duly and effectively taken, and that the Bonds in the hands of the Registered
Owners thereof are and will be valid and enforceable obligations of the Issuer
according to the terms thereof and hereof.
Section 5.03 Covenants Conceming Mortgage Loans; Liquidation Of Residual
Property.
(a) Unless the Issuer is in default under the terms hereof, the Issuer shall directly,
or indirectly through servicers retained by the City at its sole discretion, diligently
enforce and take or cause to be taken all reasonable actions and institute all
proceedings reasonably necessary for the enforcement ofall terms, covenants and
conditions ofthe Mortgage Loans and the Mortgage Certificates.
(b) On or promptly after each Initial Release Date, the Issuer shall retain an
investment banker, independent certified public accountant, financial advisor or
other qualified person or firm (an "Advisor") to perform the valuations, calculations,
determinations, sales, liquidations and other activities contemplated by this Section
5.12, and the Issuer shall give the Trustee written notice of the identity of the
Advisor. If the Issuer does not retain an Advisor and give the Trustee written notice
thereof on or prior to a date thirty (30) days after each respective Initial Release
Date, the Trustee shall retain an Advisor. The Advisor shall accept its duties
hereunder in writing delivered to the Issuer and the Trustee. Promptly after each
Initial Release Date, the Trustee shall cooperate with the Advisor and the Issuer in
selling, liquidating and disposing ofall ofthe Mortgage Securities and shall deposit
the proceeds thereof in the General Fund for the mandatory redemption of Bonds
pursuant to Section 3.01(b) hereof on the earliest practicable redemption date;
provided, however, ifthe Advisor determines that the sale, liquidation and disposal
ofthe two (2) Mortgage Securities then held pursuant to the Trust Estate cannot be
sold at a price of par or better, then the sale, liquidation and disposal of the
Mortgage Securities related to that Initial Release Date shall be delayed until the
Mortgage Securities can be sold at a price of par or better. During the period of any
such delay, the Trustee shall deposit any cash received from the Mortgage Securities
in the General Fund. The Advisor shall value the Mortgage Securities once every
ninety (90) days following the initial calculation. In each case, the Advisor shall
deliver to the Issuer and the Trustee a report conceming such valuation setting
forth the estimated amount to be realized upon the sale, liquidation or other
disposition ofthe Mortgage Securities then held pursuant to the Trust Estate. [The
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fees and expenses ofthe Advisor shall be paid out ofthe residual balance held in the
Costs of Issuance Fund for that purpose.]
Section 5.04
Instruments Of Further Assurance.
The Issuer covenants and agrees to endorse, without recourse, and transfer and
assign to the Trustee, each property interest constituting the Residual Property
when, as and if such items are received by the Issuer. The Issuer agrees that the
Trustee may defend its rights to the pajmients and other amounts due with respect
to the Trust Estate, including the Residual Property, for the benefit of the holders
of the Bonds, against the claims and demands of all persons whomsoever. The
Issuer covenants that it will do, execute, acknowledge and deliver, or cause to be
done, executed, acknowledged and delivered, such Indentures supplemental hereto
and such further acts, instruments and transfers as the Trustee may reasonably
require for better assuring, transferring, pledging, assigning and confirming unto
the Trustee all and singular the rights assigned hereby and the amounts pledged
hereby to the payment of the Accreted Value of the Bonds. The Issuer covenants
and agrees that, except as herein provided, or in the Agreements required, it will not
sell, convey, assign, pledge, encumber or otherwise dispose of any part of the
revenues and receipts payable under the Mortgage Certificates, or its rights
thereunder. Notwithstanding the foregoing, the Issuer may pledge or encumber its
interest in the Trust Estate or any part thereof on a basis subordinate to the liens
of this Indenture.
Section 5.05
Inspection Of Books And Documents.
The Issuer covenants that all books and documents in its possession relating to
the Mortgage Loans shall be available during business hours (following reasonable
notice) for inspection by such accountants or other agencies as the Tmstee may
from time to time designate.
Section 5.06 Continuing Disclosure.
The Issuer and the Trustee hereby covenant and agree that they wdll comply with
and cairry out adl of the provisions of the Continuing Disclosure Agreement.
Notwithstanding any other provision of this Indenture, failure of the Issuer or the
Trustee to comply with the Continuing Disclosure Agreement shall not be
considered a Default or an event of default; however, the Tmstee may (and, at the
request of any Underwriter or the Registered Owners of at least twenty-five percent
(25%) of the Bond Obligation, shall) or any Registered Owner or beneficial owner
may seek specific performance to cause the Issuer or the Trustee, as the case may
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be, to comply with its obligations under this section. For purposes ofthis section,
"Beneficial Owner" means any person which (a) has the power, directly or indirectly,
to vote or consent wdth respect to, or to dispose of ownership of, any Bonds
(including persons holding Bonds through nominees, depositories or other
intermediaries), or (b) is treated as the owner of any Bonds for federal income tax
purposes.
The Tmstee shall make available to each registered or Beneficial Owner of Bonds,
information regarding (1) without charge and upon request, the Accreted Value of
outstanding Bonds, and (2) upon request and upon payment of reasonable charges
therefor by the registered or Beneficial Owner, the redemption history of the Bonds
(including redemption dates, redemption amounts, and sources of funds).
Article VI.
Trustee.
Section 6.01 Acceptance Of The Tmsts.
The Trustee hereby accepts the t m s t s imposed upon it by this Indenture, and
agrees to perform said trusts, but only upon and subject to the following express
terms and conditions:
(i) The Trustee, prior to the occunence of an event of defauft and after the
curing of all events of default which may have occuned, undertakes to perform
such duties and only such duties as are specifically set forth in this Indenture.
In case an event of default has occurred (which has not been cured or waived), the
Trustee shall exercise such ofthe rights and powers vested in it by this Indenture,
and use the same degree of care and skill in their exercise, as a prudent corporate
indenture trustee would exercise or use under the circumstances in the conduct
of his own affairs and no implied covenants or obligations shall be read into this
Indenture against the Trustee.
(ii) The Tmstee may execute any of the trusts or powers hereof and perform any
ofits duties by or through attomeys, agents, receivers or employees but shall be
answerable for the conduct ofthe same in accordance with the standard set forth
in clause (i) above, and shall be entitled to advice of counsel conceming all
matters of t m s t hereof and the duties hereunder, and may in all cases pay such
reasonable compensation to all such attomeys, agents, receivers and employees
as may reasonably be employed in connection with the trusts hereof The Trustee
is entitled to rely upon and may act upon the opinion or advice of any attomeys
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(who may be the attomey or attomeys for the Issuer or any Participant, or the
Registered Owner of any Bond), acceptable to the Trustee in the exercise of
reasonable care. The Tmstee shall not be responsible for any loss or damage
resulting from any action or non-action in good faith in reliance upon such
opinion or advice.
(iii) The Trustee shall not be responsible for any recital herein, or in the Bonds,
or for the validity of the execution by the Issuer of this Indenture or of any
supplements hereto or instruments of further assurance, or for the sufficiency of
the security for the Bonds issued hereunder or intended to be secured hereby.
The Tmstee shall not be responsible or liable for any loss suffered in connection
with any investment of funds made by it in accordance with Section 4.14 hereof
(iv) The Trustee shall not be accountable for the use of any Bond authenticated
or delivered hereunder. The Trustee may become the Registered Owner of Bonds
with the same rights which it would have if it were not the Trustee.
(v) The Trustee may rely upon any notice, request, consent, certificate, order,
affidavit, letter, telegram or other paper or document believed to be genuine and
conect and to have been signed or sent by the proper person or persons. The
Trustee shall not withhold unreasonably its consent, approval or action to any
reasonable request of the Issuer, any Participant or the Participant. Any action
taken by the Trustee pursuant to this Indenture upon the request or authority or
consent of any person who at the time of making such request or giving such
authority or consent is the Registered Owner of any Bond shall be conclusive and
binding upon all future Registered Owners of the same Bond and upon Bonds
issued in exchange therefor or in place thereof.
(vi) As to the existence or nonexistence of any fact or as to the sufficiency or
validity of any instrument, paper or proceeding, the Trustee shall be entitled to
rely upon a certificate signed by an authorized officer of the Issuer or any
Participant or the Participant as sufficient evidence of the facts therein contained
and prior to the occunence of a default of which the Trustee has been notified as
provided in clause (viii) ofthis section, or ofwhich by said clause it is deemed to
have notice, shall also be at liberty to accept a similar certificate to the effect that
any particular dealing, transaction or action is necessary or expedient, but may,
at its discretion, secure such further evidence as it deems necessary or advisable,
but shall in no case be bound to secure the same. The Trustee may accept a
certificate of the Secretary of the Issuer under its seal to the effect that a
resolution in the form therein set forth has been adopted by the Issuer as
conclusive evidence that such resolution has been duly adopted and is in full force
and effect.
(vii)
The permissive right of the Trustee to do things enumerated in this
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Indenture shall not be construed as a duty and it shall not be answerable for other
than its negligence or willful misconduct. The immunities and exceptions from
liabflity ofthe Trustee shall extend to its officers, directors, employees and agents.
(viii) The Trustee shall not be required to take notice or be deemed to have
notice of any default hereunder except failure by the Issuer to cause to be made
any of the payments to the Trustee required to be made under Article IV hereof or
the failure of the Issuer or any Participant to file with the Trustee any document
required by this Indenture or any Agreement to be so filed subsequent to the
issuance ofthe Bonds, unless the Tmstee shall be specifically notified in writing
of such default by the Issuer or by the Registered Owners of at least twenty-five
percent (25%) ofthe Bond Obligation and all notices or other instruments required
by this Indenture to be delivered to the Trustee must, in order to be effective, be
delivered at the corporate trust office of the Trustee (initially, Baltimore,
Maryland), and, in the absence of such notice so delivered, the Trustee may
conclusively assume there is no default except as aforesaid.
(tx) At any and all reasonable times the Trustee, and its duly authorized agents,
attorneys, experts, engineers, accountants and representatives, shall have the
right to inspect fully any and all of the property herein conveyed, including all
books, papers and records pertaining to the revenues and receipts under the
Mortgage Loans, the Agreements and the Bonds, and to make such copies and
record such information from and in regard thereto as may be desired.
(x) The Trustee shall not be required to give any bond or surety in respect of the
execution ofthe said t m s t s and powers or otherwise in respect ofthe premises.
(xi) Notwithstanding anjdhing elsewhere in this Indenture contained, the
Trustee shall have the right, but shall not be required, to demand, in respect ofthe
withdrawal of any cash, or any action whatsoever within the purview of this
Indenture, any showings, certificates, opinions, appraisals or other information,
or corporate action or evidence thereof, in addition to that by the terms hereof
required as a condition of such action by the Trustee deemed desirable for the
purpose of establishing the right ofthe Issuer to the withdrawal ofany cash, or the
taking of any other action by the Trustee.
(xii) Notwithstanding any other provision ofthis Indenture, the Trustee shall be
under no obligation to institute any suit or to undertake any proceeding under
this Indenture, any Agreement or any other document executed and delivered in
connection with the issuance of the Bonds or to enter any appearance or in any
way defend in any suit in which it may be made a defendant, or take any steps in
the enforcement of any rights and powers under the aforementioned documents
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until it shall have been indemnified to its satisfaction for the reimbursement ofall
costs and expenses, counsel fees and other disbursements to which it may be put
and to protect it against all liability, except liability which is adjudicated to have
resulted from its negligence or willful misconduct by reason ofany action so taken.
Nothing contained herein or in any Agreement shall require the Tmstee to expend
or risk its own funds or to otherwise incur financial liability in the performance of
any of its duties or in the exercise of any of its rights or powers, if there shall be
grounds for believing that the repayment of such funds or liability is not assured
toft.
(xiii) All monies received by the Trustee shall be held in trust for the purposes
for which they were received but need not be segregated from other funds except
to the extent required by law. The Trustee shall not be under any liability for
interest on any monies received hereunder except as may be agreed upon.
(xiv) The Trustee shall supply S86P with any periodic information that S86P
reasonably requests.
Section 6.02
Reports By The Tmstee.
(a) The Trustee shall keep proper books of record and account (separate from all
other records and accounts) in which complete and conect entries shall be made of
its transactions relating to the funds and accounts established by this Indenture.
Such books and all other books and papers of the Trustee and such funds shall at
all reasonable business hours and under reasonable conditions be subject to the
inspection ofthe Issuer and the owners ofan aggregate ofnot less than five percent
(5%) of the Bond Obligation or their representatives duly authorized in writing.
(b) The Trustee shall submit to (i) the Issuer and the Dissemination Agent under
the Continuing Disclosure Agreement by the seventh (7*) Business Day of each
month and within ninety (90) days after the end of each calendar year, the Trustee's
stamdard report on the uses and balances of the funds and accounts hereby
established, and (ii) the Issuer from time to time, such other information that the
Issuer may reasonably request.
(c) The Trustee shall also fumish reasonable information conceming the Bonds
to S86P upon reasonable written request.
(d) The reports, statements and other documents required to be fumished to or
by the Trustee pursuant to any provision ofthis Indenture shall be available for the
inspection of owners of Bonds at the corporate trust office of the Trustee.
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Recording And Filing.
The Tmstee shall prepare, or (at the expense ofthe Issuer) cause its counsel to
prepare, all necessary continuation statements relating to all financing statements
initially filed in connection with the delivery of this Indenture at such times as may
be required by law in order to preserve and protect fully the security of the Owners
and the rights ofthe Tmstee hereunder. The Trustee shall deliver such statements
to the Issuer for execution and (at the expense ofthe Issuer) shall file or cause to be
filed such continuation statements in all places in which the original financing
statements were filed or recorded.
Section 6.04 Fees, Charges And Expenses Of The Trustee.
The Trustee shall be entitled to receive the Trustee's Fee, plus payment for
extraordinary services and expenses during the continuation ofthe Event ofDefault
specified by Section 7.0l(i) hereof. The Trustee's Fee shall be payable in full on the
Bond Delivery Date from the Costs of Issuance Fund and shall be fully eamed upon
payment notwithstanding any subsequent redemption or payment of the Bonds.
Payment for extraordinary services and expenses shall be made during the
continuation ofthe Event ofDefault specified by Section 7.0 l(i) hereof within thirty
(30) days following delivery to the Issuer ofthe Trustee's invoice therefor. Upon the
Event of Default specified by Section 7.0 l(i) hereof, but only upon the Event of
Default specified by Section 7.01 (i) hereof, and only during the continuance thereof,
the Trustee shall have a lien for such amounts upon the Trust Estate with the right
of payment prior to pajmient on account of the Accreted Value of any Bond.
Section 6.05
Notice To Registered Owmers If Default Occurs.
If a Default occurs of which Trustee is by clause (viii) of Section 6.01 hereof
required to take notice or if notice of Default be given as in clause (viii) of
Section 6.01 hereof provided, then the Trustee shall promptly give written notice
thereof by registered or certified mail to the Owners of all Bonds then Outstanding,
shown by the Bond Register.
Section 6.06
Intervention By The Trustee.
If there is instituted any judicial proceeding conceming the issuance of or the
pajmient of the Bonds to which the Issuer is a party and which in the opinion of the
Trustee and its counsel has a substantial bearing on the interests ofthe Registered
Owners ofthe Bonds, the Tmstee may intervene on behalf of the Registered Owners
and shall do so if requested in writing by the Registered Owners of at least twentyfive percent (25%) ofthe Bond Obligation.
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Successor Trustee.
Any corporation or association into which the Trustee may be converted or
merged, or with which it may be consolidated, or to which it may sell or transfer its
trust business and assets as a whole or substantially as a conversion, sale, merger,
consolidation or transfer to which it is a party, ipso facto shall be and become
successor Trustee hereunder amd vested with all of the title to the Trust Estate and
all the trusts, powers, discretions, immunities, privileges and all other matters as
was its predecessor, without the execution or filing ofany instrument or any further
act, deed or conveyance on the part ofany ofthe parties hereto, anything herein to
the contrary notwithstanding.
Section 6.08
Resignation By The Trustee.
The Trustee may at any time resign from the trusts hereby created by giving sixty
(60) days written notice by registered or certified mail to the Issuer, each Participant
and by giving notice in the same manner as provided by Section 8.02 hereof with
respect to supplemental indentures; provided any such resignation shall only take
effect upon the receipt by the Issuer of the successor Trustee's acceptance of its
appointment as successor Trustee. The resigning Trustee shall bear all ofits costs
and expenses of the transfer to the successor Trustee, and shall indemnify the
Issuer and the successor Trustee against liabilities, damages and costs attributable
to the action or inaction of the resigning Trustee except those against which the
Trustee is hereby indemnified.
Section 6.09
Removal Of Tmstee.
The Trustee may be removed by the Registered Owners of a majority of the Bond
Obligation, by an instrument or concunent instruments in writing signed and
acknowledged by such Registered Owners or by their attorneys-in-fact, duly
authorized and delivered to the Issuer and each Participant. The Trustee may be
removed for proceeding in violation of, or for failing to act or proceed in accordance
with, any provision of this Indenture with respect to the duties and obligations of
the Trustee by the Issuer or by any court of competent jurisdiction upon the
application of the Issuer pursuant to a resolution of the Issuer or at the request of
the Registered Owners ofnot less than ten percent (10%) ofthe Bond Obligation.
Section 6.10
Appointment Of Successor Trustee By The Registered Owners
Of The Bonds; Temporary Trustee.
In case the Trustee hereunder shall resign or be removed, or be dissolved, or shall
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be in the course of dissolution or liquidation, or shall otherwise become incapable
of acting hereunder, or in case it shall be taken under the control of any public
officer or officers, or ofa receiver appointed by a court, the Issuer shall, within thirty
(30) days of receipt of notice of such resignation, removal, dissolution, or other
disquaUfication, appoint by resolution a successor Trustee and copies of such
resolution shall be delivered by the Issuer to the Trustee so appointed, the
predecessor Trustee and each Participant. The Issuer shall give notice of any such
appointment in the same manner as provided in Section 8.02 hereof with respect
to supplemental indentures. If a successor Trustee shall not have been so
appointed by the Issuer within forty-five (45) days after the date the Trustee's
resignation was stated in its notice of resignation to have become effective, its
removal or other event requiring or authorizing such appointment, the Issuer, the
Trustee or the Registered Owner of any Bond may apply to any court of competent
jurisdiction for the appointment of a successor Trustee, and the court may
thereupon, after such notice, if any, as the court may deem proper, appoint such
successor Trustee.
At any time within stx (6) months of the date of the acceptance of appointment by
amy successor Trustee appointed by the Issuer or a court of competent jurisdiction,
a successor Trustee to replace the successor Trustee appointed by the Issuer or a
court of competent jurisdiction may be appointed by the Registered Owners of a
majority of the Bond Obligation by an instrument or concurrent instruments in
writing signed by such Registered Owners, or by their attomeys-in-fact, duly
authorized and a copy of which shall be delivered personally or sent by registered
mail to the Issuer. In the event any such appointment is made by the Registered
Owners, the successor Trustee appointed by the Issuer or a court of competent
jurisdiction shall thereupon immediately and without further act be superseded by
the Trustee so appointed by such Registered Owners. In the event a successor
Tmstee appointed by the Issuer shall not be superseded by a Trustee appointed by
the Registered Owners within stx (6) months from the effective date of appointment
by the Issuer, the right ofthe Registered Owners ofthe Bonds to appoint the Trustee
shall be deemed to be waived and the Tmstee appointed by the Issuer shall be
deemed successor Tmstee hereunder. Notice of the appointment of a successor
Trustee shall be given in the same manner as provided in Section 8.02 hereof with
respect to supplemental indentures. Every such Trustee appointed pursuant to the
provisions ofthis section shall be a trust company or bank in good standing having
a reported capital and surplus aggregating at least One Hundred Million Dollars
($100,000,000).
No successor Trustee shall receive fees and expenses in amounts or at rates in
excess of those payable to its predecessor as Trustee.
The Issuer promptly shall notify S86P promptly upon appointment of a successor
Trustee.
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Section 6.11 Conceming A Successor Trustee.
Every successor Trustee appointed hereunder shall execute, acknowledge and
deliver to its predecessor and also to the Issuer an instmment in wrriting accepting
such appointment hereunder, and thereupon such successor, without any further
act, deed or conveyance, shall become fully vested with all the estates, properties,
rights, powers, trusts, duties and obligations of its predecessor; but such
predecessor shall, nevertheless, on the written request of the Issuer, or of its
successor, execute and deUver an instmment transferring to such successor Trustee
all the estates, properties, rights, powers and trusts ofsuch predecessor hereunder;
and every predecessor Trustee shall deliver all securities and monies held by it as
the Trustee hereunder to its or his successor. Should any instrument in writing
from the Issuer be required by amy successor Trustee for more fully and certainly
vesting in such successor the estate, rights, powers and duties hereby vested or
intended to be vested in the predecessor, any and all such instruments in writing
shall, on request, be executed, acknowledged and delivered by the Issuer. The
resignation ofany Trustee and the instrument or instruments removing any Trustee
and appointing a successor hereunder, togetherwith all other instruments provided
for in this article, shall be filed or recorded by the successor Tmstee in each
recording office where this Indenture shall have been filed or recorded.
Article VIL
Default Provisions And Remedies Of
Trustee And Registered Owners.
Section 7.01
Defaults; Events Of Defauft.
Ifany ofthe following events occur subject to the provisions ofSection 7.08 hereof,
it is hereby defined as and declared to be and to constitute an "event of default":
(i) Default by the Issuer in the due and punctual payment of the Accreted Value
of any Bond.
(ii) Default in the performance or observance of any other of the covenants,
agreements or conditions on the part of the Issuer contained in this Indenture or
in the Bonds and failure to remedy the same after notice thereof as provided in
Section 7.09 hereof
(iii) If on any date the Trustee (which may rely on consultants selected by the
Trustee) determines that proceeds of the Residual Property will be insufficient to
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provide for pajmient ofthe Bonds at one hundred percent (100%) of their Accreted
Value on or prior to the maturity dates thereof and the payment of the rebate
amount, the Trustee shall not be required or responsible to investigate or take
notice of such insufficiency unless the Tmstee shall be given notice thereof as
provided by Section 6.01 (viii) hereof
Section 7.02
Remedies; Rights Of Registered Owners.
Upon the occunence ofan event of default, the Trustee may pursue any available
remedy at law or in equity to enforce the payment of the Accreted Value of the
Bonds then Outstanding, including enforcement of any rights of the Issuer under
the Agreements, including the following:
(i) The Trustee may, and upon the written request of the Registered Owners of
not less than fifty percent (50%) ofthe Bond Obligation shall, by notice in writing
to the Issuer, declare Bonds Outstanding immediately due and payable and such
Bonds shall become and be immediately due and payable, anjdhing in the Bonds
or in this Indenture to the contrary notwithstanding; provided, however, in the
case ofan event of default under Section 7.01(ii) or (iii), the Trustee may not make
such declaration without the written consent of the Owners of one hundred
percent (100%) ofthe Bond Obligation unless the Trustee shall have determined
that the assets held under this Indenture are sufficient to pay the Accreted Value
of the Bonds and all expenses incuned to the date of payment. In such event,
there shall be due and payable on the Bonds an amount equal to the total
principal amount of all Bonds Outstanding plus all interest accrued thereon and
which will accrue thereon to the date of pajmient that is not included in such
amount as due and payable.
At any time after the principal ofthe Bonds shall have been so declared to be due
and payable and before the entry of final judgment or decree in any suit, action or
proceeding instituted on account of such default, or before the completion of the
enforcement of any other remedy under this Indenture, the Trustee may annul
such declaration and its consequences with respect to any Bonds not then due by
their terms if (A) monies shall have been deposited in the Bond Fund a n d / o r the
Redemption Fund sufficient to pay all Accreted Value then due (other than
Accreted Value then due only because of such declaration) of all Outstanding
Bonds; (B) monies shall have been deposited with the Trustee sufficient to pay the
charges, compensation, expenses, disbursements, advances and liabilities ofthe
Trustee then due; (C) all other amounts then payable by the Issuer hereunder
shall have been paid or a sum sufficient to pay the same shall have been deposited
with the Trustee; and (D) every event of default known to the Tmstee (other than
a default in the payment of the Accreted Value of such Bonds then due only
because of such declaration) shall have been remedied to the satisfaction of the
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Trustee. No such annulment shall extend to or affect any subsequent default or
impair any right consequent thereon.
(ii) The Trustee, upon the written request ofthe Registered Owners ofnot less
than fifty percent (50%) of the Bond Obligation shall, upon being indemnified to
its satisfaction therefor, proceed forthwith to protect and enforce its rights and the
rights ofthe Registered Owners under the Bonds and this Indenture by such suits,
actions or proceedings as the Tmstee, being advised by counsel ofits choice, shall
deem expedient, including but not limited to:
(A) enforcement ofthe right ofthe Registered Owners to collect and enforce the
payment of principal of and interest due or becoming due on Mortgage
Certificates and collect and enforce any rights in respect to the Mortgage
Certificates and to require the Issuer to carry out its duties and obligations
under the terms of this Indenture;
(B) suit upon all or any part of the Bonds;
(C) civil action to require the Issuer to account as if it were the tmstee of an
express t m s t for the Registered Owners of the Bonds;
(D) civil action to enjoin any acts or things which may be unlawful or in
violation of the rights of the Registered Owners of the Bonds;
(E) enforcement of any right of the Registered Owners confened by law or by
this Indenture;
(F) take such other steps to protect and enforce its rights and the rights of the
holders of the Bonds, whether by action, suit or proceeding in aid of the
execution of any power herein granted or for the enforcement of any other
appropriate legal or equitable remedy, including the enforcement of any rights
of the Issuer under the Act, the Agreements or any mortgage insurance policy;
or
(G) ifthe Bonds have been accelerated under Section 7.02(i) hereof, sell the
Trust Estate or any portion thereof at one (1) or more public or private sales.
(iii) Regardless ofthe happening ofan event of default, the Trustee, if requested
in writing by the Registered Owners ofnot less than twenty-five percent (25%) of
the Bond Obligation shall, upon being indemnified to its satisfaction therefor,
institute and maintain such suits and proceedings as it may be advised shall be
necessary or expedient (A) to prevent any impairment of the security under this
Indenture by any acts which may be unlawful or in violation ofthis Indenture, or
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(B) to preserve or protect the interests of the Registered Owners, provided that
such request is in accordance with law and the provisions of this Indenture and,
in the sole judgment of the Tmstee, is not unduly prejudicial to the interests of
any Registered Owners not making such request.
No remedy by the terms of this Indenture confened upon or reserved to the
Trustee or to the Registered Owners is intended to be exclusive ofany other remedy,
but each and every such remedy shall be cumulative and shall be in addition to any
other remedy given to the Trustee or to the Registered Owners hereunder or now or
hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default or
event of default shall impair any such right or power or shall be construed to be a
waiver of any such default or event of default or acquiescence therein; and every
such right and power may be exercised from time to time as often as may be deemed
expedient.
Anything in this Indenture to the contrary notwithstanding, while any Senior
Bonds remain Outstanding, all remedies confened upon or reserved to the Trustee
by this Indenture shall be subject to and subordinate to all rights and remedies
confened upon or reserved to the Senior Trustee under the Senior Indenture.
Each Bondholder, by acceptance thereof, authorizes and directs the Trustee in his
or her behalf to take such action as may be necessary or appropriate to effectuate
the subordination provided in this Indenture and appoints the Trustee his or her
attomey-in-fact for any and all such purposes.
The Trustee shall be entitled to all the rights set forth in this Article VII with
respect to any Senior Bonds at the time held by it, to the same extent as any other
holder of Senior Bonds, and nothing in this Indenture shall deprive the Tmstee of
any of its rights as such holder.
Section 7.03 Appointment Of Receivers.
Upon the occunence of an event of default, and upon the filing of a suit or other
commencement of judicial proceedings to enforce the rights of the Trustee and the
Registered Owners ofthe Bonds under this Indenture, the Trustee shall be entitled,
as a matter of right, to the appointment of a receiver or receivers ofthe Trust Estate
and ofthe revenues, issues, eamings, income, products and profits thereof, pending
such proceedings with such powers as the court making such appointment shall
confer.
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Section 7.04 Application Of Monies.
All monies received by the Tmstee pursuant to any right given or action taken
under the provisions of this article or by virtue of action taken under provisions of
any Agreement shall be deposited in the General Fund and all monies in the Bond
Fund and the Redemption Fund (other than monies held for payment or redemption
of particular Bonds having matured or been duly called for redemption) shall be
applied as follows:
(i) only upon a default in the due and punctual payment of the Accreted Value
ofany Bond, to the payment of amounts owing due to the Trustee's extraordinaiy
services and expenses as provided in Section 6.04 hereof,
(ii) to pajmient of the Accreted Value of the Bonds.
If such monies are not sufficient to pay the Accreted Value due on the outstanding
Bonds, monies to be applied to the payment ofthe Accreted Value ofthe Bonds shall
be applied to the payment ofthe Accreted Value ofthe Bonds, without preference
or priority to any Bond over any other Bond, ratably, according to the amounts due
for Accreted Value to the persons entitled thereto without any discrimination or
privilege. Interest on the Bonds shall continue to accrue at the applicable accretion
rate.
Whenever monies are to be applied pursuant to the provisions ofthis section, such
monies shall be applied at such times, and from time to time, as the Trustee shall
determine, having due regard to the amount ofsuch monies available for application
and the likelihood of additional monies becoming available for such application in
the future. Whenever the Trustee shall otherwise apply such funds, it shall fix the
date upon which such application is to be made and upon such date interest on the
amounts to be paid on such date shall cease to accrue. The Trustee shall give such
notice as it may deem appropriate of the deposit with it of any such monies and of
the fixing of any such date, and shall not be required to make payment to the
Registered Owner ofany Bond until such Bond shall be presented to the Trustee for
appropriate endorsement or for cancellation if fully paid.
Section 7.05
Remedies Vested In Trustee.
All rights of action (including the right to file proofs of claim) under this Indenture
or under any of the Bonds may be enforced by the Trustee without the possession
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of any of the Bonds or the production thereof in any trial or other proceeding
related thereto and any such suit or proceeding instituted by the Tmstee shall be
brought in its name as the Trustee without the necessity of joining as plaintiffs or
defendants the Registered Owners ofany Bonds, and any recovery ofjudgment shall
be for the equal and ratable benefit of the Registered Owners of the Outstanding
Bonds.
Section 7.06
Rights And Remedies Of Registered Owners.
No Registered Owner ofany Bond shall have any right to institute any suit, action
or proceeding at law or in equity for the enforcement of this Indenture or for the
execution of any trust hereof or for the appointment of a receiver or any other
remedy hereunder, unless (i) a default has occuned ofwhich the Trustee has been
notified as provided in clause (viii) ofSection 6.01 hereof, or ofwhich by said clause
it is deemed to have notice, (ii) such default shall have become an event of default
and the Registered Owners of not less than fifty percent (50%) of the Bond
Obligation shall have made written notice to the Trustee and shall have offered it
reasonable opportunity either to proceed to exercise the powers hereinbefore granted
or to institute such action, suit or proceeding in their own name or names, (iii) they
shall have offered to the Trustee indemnity as provided in clause (xii) ofSection 6.01
hereof, and (iv) the Trustee shall thereafter fail or refuse to exercise the powers
hereinbefore granted, or to institute such action, suit or proceeding in its own name;
it being understood and intended that no one (1) or more Registered Owner shall
have any right in any manner whatsoever to affect, disturb or prejudice the lien of
this Indenture by its, his or their action or to enforce any right hereunder except in
the manner herein provided, and that all proceedings at law or in equity shall be
instituted, had and maintained in the manner herein provided and for the equal and
ratable benefit of the Registered Owners of all Borids then Outstanding. However,
nothing contained in this Indenture shall affect or impair the right ofthe Registered
Owner of any Bond to enforce the payment of the Accreted Value of any Bond at the
time and place, from the source and in the Bonds expressed.
Section 7.07
Termination Of Proceedings.
In the event the Trustee shall have proceeded to enforce any right under this
Indenture by the appointment of a receiver or otherwise, and such proceedings shall
have been discontinued or abandoned for any reason, or shall have been determined
adversely, then and in every such case the Issuer, the Trustee and the Registered
Owners shall be restored to their former positions and rights hereunder.
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respectively, with regard to the property herein subject to this Indenture, and all
rights, remedies and powers ofthe Issuer, the Trustee, and the Registered Owners
shall continue as if no such proceedings had been taken.
Section 7.08 Waivers Of Events Of Defauft.
The Trustee may, in its discretion, waive any event of default hereunder and its
consequences, and shall do so only upon the written request of the Registered
Owners of (i) more than stxty-stx and two-thirds percent (66%%) of the Bond
Obligation in respect of which default in the payment of principal or interest, or
both, exists, or (ii) more than fifty percent (50%) ofthe Bond Obligation in the case
of any other default; provided, however, that there shall not be waived any event of
default in the payment of the Accreted Value of any Outstanding Bond at the date
of its maturity or on any redemption date specified therefor.
Section
7.09
Notice Of Defaults Under Clause (ii) Of Section
Opportunity Of The Issuer To Cure Such Defaults.
7.01;
Anjfthing herein to the contrary notwithstanding, no defauft under clause (ii) of
Section 7.01 hereof shall constitute an event of default until actual notice ofsuch
default by first class mail (postage prepaid) shall be given to the Issuer by the
Trustee or by the Registered Owners ofnot less than fifty percent (50%) ofthe Bond
Obligation and the Issuer shafl have had sixty (60) days after receipt ofsuch notice
to conect said default or cause said default to be conected, and shall not have
conected said default or caused said default to be conected within the applicable
period; provided, however, if said default be such that it cannot be conected within
the applicable period, it shall not constitute an event of default if conective action
is instituted by the Issuer within the applicable period and diligently pursued until
the default is conected.
Section 7.10
Notice Of Default To Registered Owners.
The Trustee shall mail written notice of each default of which the Trustee is
required to take notice or is given notice pursuant to Section 6.01 (viii) hereof to all
Registered Owners promptly after taking or being given such notice, unless the
Trustee shall determine in its discretion that receipt ofsuch notice is not in the best
interests of the Registered Owners. Such notice to Registered Owners shall be
mafled registered or certified mail to each Registered Owner at his address
appearing upon the registry of books ofthe Issuer as kept by the Trustee.
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Article VIIL
Supplemental Indentures; Amendment Of Agreements.
Section 8.01
Supplemental Indentures Not Requiring Consent Of Registered
Owners.
The Issuer and the Trustee may, without the consent of, or notice to, the
Registered Owners of any of the Bonds enter into an indenture or indentures
supplemental to this Indenture as shall not be inconsistent with the terms and
provisions hereof for any one (1) or more ofthe following purposes:
(i) to add additional covenants and agreements of the Issuer for the purpose of
further securing the payment on the Bonds, provided such additional covenants
and agreements are not contrary to or inconsistent with the covenants and
agreements of the Issuer contained in this Indenture;
(ii) to surrender any right, power or privilege reserved to or confened upon the
Issuer by the terms of this Indenture;
(iii) to confirm as further assurance any pledge under and the subjection to any
lien, claim or pledge created or to be created by the provisions of this Indenture
ofthe Revenues and other monies, securities, funds and property pledged in the
manner and to the extent provided in this Indenture;
(iv) to cure any ambiguity or defect or inconsistent provision in this Indenture
or to insert such provisions clarifying matters or questions arising under this
Indenture as are necessary or desirable in the event any siich modifications are
not contraiy to or inconsistent with this Indenture as theretofore in effect and
which shall not adversely affect the interests of any Bondholder;
(v) to comply with the provisions ofthe Code, as now or hereafter amended, and
any applicable regulations, published mlings or court decisions, if such
amendment, in the opinion of Bond Counsel, will assist in clarifying the
applicability of the Code to the Mortgage Loans and to the Bonds;
(vi) to modify, amend or supplement this Indenture or any indenture
supplemental hereto in such manner as to permit the qualification hereof and
thereof under the Trust Indenture Act of 1939 or any similar federal statute
hereafter in effect or to permit the qualification of the Bonds for sale under the
securities laws ofany ofthe states ofthe United States of America, and, if they so
determine, to add to this Indenture or any iridenture supplemental hereto such
other terms, conditions and provisions as may be permitted by said Trust
Indenture Act of 1939 or similar federal statute; or
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(vii) to evidence the appointment of a sepairate or co-trustee or the succession
of a new trustee hereunder.
S86P shall be given written notice of such supplement.
No supplement authorized by this Section 8.01 shall be effective unless and until
there shall have been filed with the Trustee an opinion of Bond Counsel stating that
such supplemental indenture has been duly and lawfully adopted and filed by the
Issuer in accordance with the provisions of this Indenture, is authorized or
permitted by this Indenture and is valid and binding upon the Issuer and
enforceable in accordance with its terms and does not affect the tax-exempt status
ofthe Bonds.
Section 8.02
Supplemental Indentures
Owners.
Requiring Consent
Of Registered
Exclusive of supplemental indentures covered by Section 8.01 hereof and subject
to the terms and provisions contained in this section, and not otherwise, the
Registered Owners ofnot less than fifty-one percent (51%) ofthe Bond Obligation,
shadl have the right, from time to time, amything contadned in this Indenture to the
contrary notwithstanding, to consent to and approve the execution by the Issuer
and the Trustee ofsuch other indenture or indentures supplemental hereto as shall
be deemed necessary and desirable by the Tmstee for the purpose of modifying,
altering, amending, adding to or rescinding, in any particular, any of the terms or
provisions contained in this Indenture or in any supplemental indenture; provided,
however, that nothing in this section contained shall permit, or be construed as
permitting, without the consent ofthe Registered Owners ofall Outstanding Bonds
(i) an extension ofthe maturity ofany Bond issued hereunder, (ii) a reduction in the
Accreted Value ofany Bond or the rate oflnterest thereon, (iii) a privilege or priority
of any Bond or Bonds over any other Bond or Bonds, (iv) a reduction in the
aggregate amount ofthe Bond Obligation required for consent to such supplemental
indenture, (v) the creation of any lien other than a lien ratably securing all of the
Bonds at any time Outstanding hereunder, or (vi) any modification of the t m s t s ,
powers, rights, obligations, duties, remedies, immunities and privileges of the
Tmstee without the written consent ofthe Trustee.
If at any time the Issuer shall request the Trustee to enter into any such
supplemental indenture for any of the purposes of this section, the Trustee shall
cause notice ofthe proposed execution ofsuch supplemental indenture to be mailed
by registered or certified mail to each Registered Owner. Such notice shall briefly set
forth the nature ofthe proposed supplemental indenture and shall state that copies
thereof are on file at the corporate trust office of the Trustee for inspection by all
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Registered Owners. Such supplemental indenture shall not be effective unless and
until (a) there shall have been filed with the Trustee (i) the written consents of the
Owners ofnot less than fifty-one percent (51%) or all ofthe Bond Obligation as the
case may be and (ii) an opinion of Bond Counsel stating that such supplemental
indenture has been duly and lawfully adopted and filed by the Issuer in accordance
with the provisions ofthis Indenture, is authorized or permitted by this Indenture
and is valid and binding upon the Issuer and enforceable in accordance with its
terms and does not affect the tax exempt status ofthe Bonds, and (b) a notice shall
have been given as hereinafter in this Section 8.02 provided. Each such consent
shall be effective only if accompanied by proof of the holding, at the date of such
consent, ofthe Bonds with respect to which such consent is given, which proof shall
be such as is permitted by Section 11.01. A certificate or certificates by the Trustee
that it has examined such proof and that such proof is sufficient in accordance with
Section 11.01 shall be conclusive that the consents have been given by the Owners
of the Bonds described in such certificate or certificates of the Trustee. Any such
consent shall be binding upon the Owner of the Bonds giving such consent and,
anjdhing in Section 11.01 to the contrary notwithstanding, upon any subsequent
Owners of such Bonds and of any Bonds issued in exchange thereof, unless such
consent is revoked in writing by the Owner of such Bonds giving such consent or
a subsequent Owner thereof by filing such revocation with the Trustee prior to the
time when the written statement of the Trustee hereinafter in this Section 8.02
provided for is filed. The fact that a consent has not been revoked may likewise be
proved by a certificate ofthe Trustee to the effect that no revocation thereof is on file
with the Trustee. At any time after the Owners ofthe required percentages of Bonds
shall have filed their consents to the supplemental indenture, the Trustee shall
make and file with the Issuer a written statement that the Owners of such required
percentages of Bonds have filed such consents. Such written statement shall be
conclusive that such consents have been so filed. At any time thereafter, notice,
stating in substance that the supplemental indenture (which may be refened to as
a supplemental indenture adopted by the Issuer on a stated date, a copy ofwhich
is on file with the Tmstee) has been consented to by the Owners of the required
percentages of Bonds and will be effective as provided in this Section 8.02, may be
given to Bondholders by the Issuer by mailing such notice to the Bondholders not
more than ninety (90) days after the Owners of the required percentages of Bonds
shall have filed their consents to the supplemental indenture and the written
statement ofthe Trustee hereinabove provided for is filed. The Issuer shall file with
the Trustee proof of the mailing of such notice to the Bondholders. A transcript,
consisting ofthe papers required or permitted by this Section 8.02 to be filed with
the Trustee, shall be proof of the matters therein stated. Such supplemental
indenture making such amendment or modification shall be deemed conclusively
binding upon the Issuer, the Trustee and the Owners of all Bonds at the expiration
of thirty (30) days after the filing with the Trustee ofthe proof of the mailing ofsuch
last mentioned notice, except in the event ofa final decree ofa court of competent
jurisdiction setting aside such supplemental indenture in a legal action or equitable
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proceeding for such purpose commenced within such thirty (30) day period;
provided, however, that the Issuer and the Trustee during such thirty (30) day
period and any such further period during which any such action or proceeding may
be pending shall be entitled in their absolute discretion to take such action, or to
refrain from taking such action, with respect to such supplemental indenture as
they may deem expedient.
S86P shall be given written notice of such supplement.
Section 8.03
Modifications By Unanimous Consent.
The terms and provisions of this Indenture and the rights and obligations of the
Issuer and of the Owners of the Bonds thereunder may be modified or amended in
any respect upon the execution by the Issuer and the Trustee of a supplemental
indenture and the consent ofthe Owners ofall ofthe Bonds then Outstanding, such
consent to be given as provided in Section 8.02, except that no notice to
Bondholders by mailing shall be required. S86P shall be given written notification
ofsuch modification or amendment by supplemental indenture.
Section 8.04
Mailing.
Any provision in this Article for the mailing of a notice or other document to the
Bondholders shall be fully complied with if it is mailed first class, postage prepaid
only (i) to each Owner of Bonds then Outstanding at his address appearing upon the
Registration Books ofthe Issuer and (ii) to the Trustee.
Section 8.05
Exclusion Of Bonds.
Bonds owned or held by or for the account of the Issuer shall not be deemed
Outstanding for the purpose of consent or other action or any calculation of
Outstanding Bonds provided for in this article and Article VII, and the Issuer shall
not be entitled with respect to such Bonds to give any consent or take any other
action provided for in this article or Article VII. At the time of any consent or other
action taken under this article or Article VII, the Issuer shall fumish the Trustee a
certificate of an authorized officer, upon which the Tmstee may rely, describing all
Bonds so to be excluded.
Section 8.06
Notation On Bonds.
Bonds delivered after the effective date of any action taken as in this Article
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provided may, and if the Tmstee so determines shall, bear a notation by
endorsement or otherwise in form approved by the Issuer as to such action, and in
that case, upon demand of the Owner of any Bond Outstanding at such effective
date and upon presentation of his Bond for the purpose at the principal corporate
trust office of the Trustee, suitable notation shall be made on such Bond by the
Trustee as to any such action. If the Issuer shall so determine, new Bonds so
modified as in the opinion of the Issuer to conform to such action shall be prepared
and delivered, and upon demand ofthe Owner ofany Bond then Outstanding shall
be exchanged, without cost to such Bondholder, for Bonds of the same maturity
then Outstanding, upon s u n e n d e r ofsuch Bonds.
Section 8.07
Amendments, Et Cetera, To Agreements Not Requiring Consent
Of Registered Owners.
The Issuer and the Tmstee shall, without the consent of or notice to the Registered
Owners, consent to any amendment, change or modification ofthe Agreements as
may be required (i) by the provisions ofthe Agreements or this Indenture, (ii) for the
purpose of curing any ambiguity or formal defect or omission, (iii) to add additional
rights acquired in accordance with the provisions ofthe Agreements, [(iv) to assure
that the interest on the Bonds is excluded from gross income] or (v) in connection
with any other change therein which, in the judgment ofthe Trustee, is not to the
prejudice of the Trustee or the Registered Owners of the Bonds. No amendment,
change or modification authorized by this Section 8.07 shall be consented to unless
and until there shall have been filed with the Trustee an opinion of Bond Counsel
stating that such amendment, change or modification has been duly and lawfully
adopted by the Issuer and the Trustee, is authorized or permitted by this Indenture
and the Agreement, and is valid and binding upon the parties thereto, and
enforceable in accordance with its terms.
Section 8.08
Amendments, Et Cetera, To Agreements Requiring Consent Of
Registered Owners.
Except for the amendments, changes or modifications as provided in Section 8.07
hereof, neither the Issuer nor the Trustee shall consent to any other amendment,
change or modification of the Agreements without the written approval or consent
of the Registered Owners of not less than sixty-six and two-thirds percent (66%%)
ofthe Bond Obligation given and procured as provided in Section 8.02 hereof.
S86P shall be given written notice of amendments to the Agreements.
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Article LK.
Discharge Of Indenture.
Section 9.01
Discharge And Release.
(a) If the Issuer shall pay or cause to be paid, or there shall be otherwise paid or
provision for payment made, to or for the Registered Owners the Accreted Value of
the Bonds at the times and in the manner stipulated therein, and shall pay or cause
to be paid to the Issuer, the Tmstee and the Arbitrage Consultant all sums of
monies due or to become due according to the provisions hereof and shall comply
with the requirements of Section 4.09 hereof, then these presents and the Trust
Estate and rights hereby granted shall cease, determine and be void, whereupon the
Trustee shall cancel and discharge the lien hereof, and release, assign and deliver
unto the Issuer any and all ofthe estate, right, title and interest in and to any and
all rights assigned or pledged to the Trustee, held by the Trustee, or otherwise
subject to the lien ofthis Indenture, except monies or securities held by the Trustee
in its capacity as Paying Agent for the pajmient ofthe Accreted Value ofthe Bonds,
or for payment ofthe other amounts refened to in this sentence, provided, however,
that the Trustee shall nevertheless retain such rights, powers and privileges under
the Indenture as may be necessairy for the pajmient of the Accreted Value of the
Bonds, disposition of monies in the Rebate Fund, and such rights as pertain to the
transfer, registration, exchange and redemption ofthe Bonds.
(b) Bonds for the payment or redemption of which monies shall then be held by
the Trustee (through deposit by the Issuer of funds for such pajmient or redemption
or otherwise), whether at or prior to the maturity or the redemption date of such
Bonds, shall be deemed to have been paid within the meaning ofthis Section 9.01.
All Outstanding Bonds shadl, prior to their maturity or redemption date thereof, be
deemed to have been paid within the meaning ofthis Section 9.01 if (i) in case any
of said Bonds are to be redeemed on any date prior to their maturity, the Issuer
shall have given to the Trustee inevocable instructions to publish as provided in
Article III notice of redemption on said date ofsuch Bonds, (ii) there shall have been
deposited with the Trustee either monies in an amount which shall be sufficient, or
Permitted Investments of the type described in clause (i) of the definition of
Permitted Investments the principal of and the interest on which when due will
provide monies which, together with the monies, ifany, deposited with the Trustee
at the same time, shall be sufficient (such sufficiency being verified to the Trustee
by a Verification Certificate) to pay when due the Accreted Value of said Bonds on
the redemption date or maturity date thereof, as the case may be, (iii) there shall be
deposited with the Trustee monies sufficient to pay all Trustee's Fees then due and
owing and the Tmstee's Fees to accrue prior to the payment in full of the Bonds and
(iv) in the event said Bonds are not by their terms subject to redemption within the
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next succeeding ninety (90) days, the Issuer shadl have given the Trustee inevocable
instmctions to mail postage prepaid, as soon as practicable, a notice to the Owners
of such Bonds that the deposit required by (ii) above has been made with the
Trustee and that said Bonds are deemed to have been paid in accordance with this
section and stating such maturity or redemption date upon which monies are to be
available for the payment of the Accreted Value of said Bonds. Neither Permitted
Investments nor monies deposited with the Trustee pursuant to this Section 9.01
nor principal or interest payments on any such Permitted Investments shall be
withdrawn or used for any purpose other than, and shall be held in trust for, the
payment ofthe Accreted Value of said Bonds; provided that any cash received from
such principal or interest pajmients on such Permitted Investments deposited with
the Trustee, if not then needed for such purpose, shall, to the extent practicable and
at the direction of the Issuer be reinvested in Permitted Investments maturing at
times and in amounts sufficient to pay when due the Accreted Value of said Bonds.
In the event the Issuer deposits cash with the Trustee for the payment ofthe Bonds,
such cash shall be available monies.
The Issuer shall notify S86P of, and promptly upon, any Bonds being deemed to
have been paid in accordance with this Section 9.01.
Section 9.02
[Intentionally Omitted].
Section 9.03
Unclaimed Monies.
Anjdhing in this Indenture to the contrary notwithstanding, at the written
direction of the Issuer any monies held by the Trustee in trust in its capacity as
Pajdng Agent for the payment of the Accreted Value of the Bonds which remain
unclaimed for four years after the date when such Bonds have become due and
payable, either at their stated maturity dates or by call for earlier redemption, if
such monies were held by the Trustee at such date, or for four years after the date
of deposit of such monies if deposited with the Trustee after the said date when
such Bonds became due and payable, shall be repaid by the Trustee to the Issuer
free from trust and the Trustee shall thereupon be released and discharged with
respect thereto; and the Registered Owners shall no longer have any rights to such
monies; provided, however, that before being required to make any such payment
to the Issuer, the Trustee, at the expense of the Issuer, shall cause to be mafled to
the Issuer and published at least twice, at an interval ofnot less than seven (7) days
between publications, in a financial newspaper of general circulation in Chicago,
Illinois and New York, New York, a notice that said monies remain unclaimed and
that, after a date named in said notice, which date shall be not less than thirty (30)
days after the date of the first publication of such notice, the balance of such
monies then unclaimed will be retumed to the Issuer. Upon receipt of any such
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15041
monies by the Issuer, such monies may be used for any valid public purpose ofthe
Issuer.
Article X.
Miscellaneous. •
Section 10.01
Consents, Et Cetera, Of Registered Owners.
Any consent, request, direction, approval, objection or other instmment required
by this Indenture to be signed and executed by the Registered Owners may be in
any number of concunent writings of similar tenor and may be signed or executed
by such Registered Owners in person or by agent appointed in writing. Proof of the
execution of any such consent, request, direction, approval, objection or other
instrument or of the writing appointing any such agent and of the ownership of
Bonds, if made in the following manner, shall be sufficient for any ofthe purposes
ofthis Indenture, and shall be conclusive in favor ofthe Trustee with regard to any
action taken by it under such request or other instrument, namely:
(i) The fact and date of the execution by any person of any such writing may be
proved in any manner reasonably acceptable to the Trustee. Where such
execution is by an officer of a corporation or association or a member of a
partnership, on behalf of such corporation, association or partnership such
affidavit or certificate shall also constitute sufficient proof of his authority.
(ii) The fact of ownership of Bonds and the amount or amounts, numbers and
other identification of Bonds, and the date of holding the same shall be proved by
the Bond Register maintained by the Trustee pursuant to Section 2.12 hereof
Section 10.02
Indenture To Constitute Contract.
In consideration of the purchase and acceptance of any and all of the Bonds
authorized to be issued hereunder by those who shall hold the same from time to
time, the Indenture shall be deemed to be and shall constitute a contract between
the Issuer and the Registered Owners from time to time of the Bonds; and the
assignment and pledge made to the Indenture and the covenants and agreements
herein set forth to be performed by or on behalf of the Issuer shall be for the equal
benefit, protection and security of the Registered Owners of any and all ofthe
Bonds, all of which, regardless of the time or times of their authentication and
delivery or maturity, shall be of equal rank without preference, priority or distinction
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of any of the Bonds over any other thereof except as expressly provided in or
permitted by this Indenture.
Section 10.03 Limitation Of Rights.
With the exception of rights herein expressly confened, nothing expressed or
mentioned in or to be implied from this Indenture or the Bonds is intended or shall
be construed to give to any person other than the parties hereto and the Registered
Owners of the Bonds, any legal or equitable right, remedy or claim under or in
respect to this Indenture or any covenants, conditions and provisions herein
contained; this Indenture and all ofthe covenants, conditions and provisions hereof
being intended to be and being for the sole and exclusive benefit of the parties
hereto and the Registered Owners, including their assignees and subrogees as
herein provided.
Section 10.04
Severability.
Ifany provision ofthis Indenture shall be held or deemed to be or shall, in fact, be
illegal, inoperative or unenforceable, the same shall not affect any other provisions
herein contained or render the same invalid, inoperative or unenforceable to any
extent whatsoever.
Section 10.05 Notices.
Unless otherwise expressly set forth herein, any notice, request, demand, direction
or other instrument authorized or required by this Indenture to be given or filed in
accordance herewith shall be sufficiently given or filed and shall be deemed given
or filed for all purposes if and when hand delivered, sent by telegram, or mailed by
registered or certified mail (postage prepaid), addressed to the appropriate notice
address. A duplicate copy ofeach such notice, request, demand, direction or other
instrument required hereunder to be given to or filed with the Issuer and any
Participant shall also be given to each of the other parties. The Issuer, any
Participant and the Tmstee may, by notice given hereunder, designate any further
or different addresses to which subsequent notices, certificates or other
communications shall be sent.
Unless otherwise expressly provided herein, any notice to a Registered Owner shall
be sufficiently given and shall be deemed given when mailed by first class mail
(postage prepaid) to such Registered Owner at his address as it appears on the Bond
Register.
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Section 10.06 Payments Due On Saturdays, Sundays And Holidays.
In any case where the date ofthe Accreted Value ofthe Bonds or the date fixed for
redemption of any Bond shall be in the city of payment a Saturday, Sunday or a
legal holiday or a day on which banking institutions are authorized by law or
executive order to close, then pajmient of the Accreted Value may be made on the
succeeding Business Day with the same force and effect as if made on the date of
maturity or the date fixed for redemption.
Section 10.07
Counterparts.
This Indenture may be simultaneously executed in any number of counterparts,
each ofwhich shall be deemed to be an original copy and all ofwhich together shall
constitute one agreement binding on the parties hereto, notwithstanding that both
parties hereto shall not have signed the same counterpart.
Section 10.08 Applicable Provisions Of Law.
This Indenture shall be govemed by and construed in accordance with the laws
of the State.
Section 10.09 No Recourse Under Indenture Or On Bonds.
All covenants, stipulations, promises, agreements and obligations of the Issuer
contained in this Indenture and any supplemental indenture shall be deemed to be
the covenants, stipulations, promises, agreements and obligations ofthe Issuer and
not of any member, officer or employee of the Issuer in his or her individual
capacity, and no recourse shall be had for the payment of the Accreted Value of the
Bonds or for any claim based thereon or on this Indenture against any member,
officer or employee ofthe Issuer or any person executing the Bonds. No covenant,
agreement or obligation contained herein shall be deemed to be a covenant,
agreement or obligation of any present or future member, officer, official, employee
or agent of the Issuer in his or her individual capacity, and no other officer thereof
executing the Bonds shall be liable personally on the Bonds or be subject to any
personal liabflity or accountability by reason of the issuance thereof No member,
officer, official, employee or agent ofthe Issuer shall incur any personal liability with
respect to any other action taken by him or her pursuant to this Indenture or the
Act, provided such member, officer, official, employee or agent acts in good faith.
JOURNAL-CITY COUNCIL-CHICAGO
15044
Section 10.10
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Heads.
Any headings preceding the texts of the several articles and sections hereof, and
any table of contents or marginal notes appended to copies hereof, shafl be solely
for convenience of reference and shall not constitute a part of this Indenture, nor
shall they aiffect its meaning, construction or effect.
In Witness Whereof, The Issuer has caused this Indenture to be executed on its
behalf by its duly authorized officers, and the seal of the Issuer to be hereunto
affixed and duly attested; and the Tmstee, to evidence its acceptance ofthe trusts
created hereunder, has caused this Indenture to be executed in its name by its duly
authorized officer, adl as of the day and year first above written.
[Seal]
Attest:
City of Chicago
By:
By:
City Clerk
Its:
[Seal]
, as Trustee
Attest:
By:
By:.
Tftle:
Its:
(Sub)Exhibits "A" and "B" refened to iri this Tmst Indenture read as follows:
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15045
REPORTS OF COMMITTEES
(Sub)Exhibit "A".
(To Trust Indenture)
United States Of America
City Of Chicago
Residual Revenue Capital Appreciation Bond
Series 2003.
Registered
Number R-1
Approximate
Accretion Rate
Maturity Date
Bond Date
CU.S.I.P.
Number
November 1, 20_
Registered Owner: CEDE 86 Co.
Initial Principal Amount:
Maturity Value:
($_
($_
The City of Chicago, Illinois (the "Issuer"), a duly constituted and existing
municipality within the meaning of Section 1 of Article VII and the 1970 constitution
of the State of Illinois and a home mle unit under Section 6(a) of Article VII of the
Constitution, for value received, promises to pay, but only from the sources and as
hereinafter provided, to the Registered Owner named above or registered assigns,
on the Maturity Date stated above, the Maturity Value stated above unless this
Bond shall be called for redemption.
The Bond is subject to redemption at the option of the Issuer in whole or in part
at any time or as after
1, 2013 at the redemption price (expressed as a
percentage of Accreted Value at the redemption date) set forth in the table below:
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JOURNAL-CITY COUNCIL-CHICAGO
Redemption Period
(both dates inclusive)
Redemption
Price
1, 2013 through
31,2014
102%
1, 2014 through
31,2015
101%
1, 2015 and thereafter
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100%
The Bond is subject to mandatory redemption at a price equal to one hundred
percent (100%) of the Accreted Value on each Redemption Date (April 1 and
October 1) in whole or in part from monies in the Redemption Fund.
The Bonds shall bear interest (calculated on the basis of a three hundred sixty
(360) day year composed of twelve (12) months of thirty (30) days each) from the
Bond Date until the Accreted Value is paid or duly provided for, at the Approximate
Accretion Rate set forth above compounded quarterly on each Compounding Date
(April 1 and October 1).
Except for the initial period, the Initial Principal Amount and the Accreted Value
as of each Compounding Date of a Bond having a Maturity Value of Five Thousand
Dollars ($5,000) is as stated in the Table of Accreted Values appended hereto and
made a part hereof. The Accreted Value as of any other date of a Bond having a
Maturity Value of Five Thousand Dollars ($5,000) shall be determined by straight
line interpolation between the Accreted Value for the Bond Date or Compounding
Date, as the case may be, immediately preceding and the Accreted Value for the
Compounding Date immediately succeeding the date of calculation, assuming each
year consists of twelve (12) thirty (30) day months. With respect to the stated
maturity date ofthe Bond, the Accreted Value is the Maturity Value ofeach Bond.
This Bond is payable in such coin or cunency of the United States of America as
at the time of payment is legal tender for payment ofpublic and private debts upon
presentation and s u n e n d e r hereof at the corporate t m s t office (initially in Chicago,
Illinois) of
a national banking association, as trustee (the
"Tmstee").
This Bond shall be paid by wire transfer if registered to the Bond Depository,
without necessity of immediate presentation and sunender. In such event the
Trustee shall enter the payment of principal, including such redemption price, on
its records, which records shall be the official record ofthe outstanding principal
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amount ofthe Bonds; and the Bond Depository shall make a notation ofthe receipt
of such payment on the face thereof in lieu of sunendering such Bond to the
Trustee for cancellation and the issuance of a new bond or bonds in the amount of
the unredeemed portion thereof The records of the Trustee shall be conclusive in
determining the outstanding principal amount ofsuch Bonds, notwithstanding the
failure of the Bond Depository to make any notation on such Bonds of the
redemption ofa portion thereof, and shall be binding upon the Bond Depository, any
heirs, successors or assigns or any transferee or purchaser ofsuch Bonds.
This Bond is one of an authorized issue of bonds limited in aggregate Initial
Principal Amount to that stated above. The bonds ofthis issue are being issued for
the purpose of providing funds for the Issuer's govemmental purposes.
The bonds of this issue are equally and ratably secured by, and entitled to the
protection of, a Trust Indenture dated as of
1, 2003 (the "Indenture")
between the Issuer and the Trustee, pursuant to which the Issuer has assigned to
the Tmstee all of the Issuer's interests in, subject to the prior satisfaction and
discharge ofall ofthe Issuer's obligations under each respective Senior Indenture,
all of the right, title and interest, certain fully modified, mortgage-backed Mortgage
Certificates held under the Senior Indentures and other investments held under the
Senior Indentures; all monies and securities held in any fund, created by the
Indenture (except the Program Fund, and the Costs of Issuance Fund); and the
Revenues (collectively, the "Trust Estate"). This Bond and the issue of which it
forms a part are limited obligations of the Issuer payable solely from the T m s t
Estate pledged under the Indenture.
This Bond Does Not Constitute A Liability Or Obligation, Either Direct Or Indirect,
OfThe City OfChicago, The State Oflllinois Or Any Political Subdivision Or Agency
Thereof (Other Than The Issuer As Set Forth In The Indenture) And Is Not A Pledge
Of The Faith And Credft Of The Issuer, The State Of Illinois Or Any Political
Subdivision Thereof Within The Meaning Of Any Constitutional Or Statutory
Provisions Or Limitations OfThe State Oflllinois.
Reference is hereby made to the Indenture for the definition of capitalized terms
used and not otherwise defined herein, a description of the security for the bonds,
the provisions regarding subordination to the prior liens ofthe Senior Indentures,
the rights, duties and obligations of the Issuer, the Trustee and the Registered
Owners ofthe bonds, the terms upon which the Indenture may be supplemented,
the terms upon which the bonds are issued and the terms and conditions upon
which the bonds will be deemed to be paid, at or prior to maturity or redemption of
the bonds, upon the making of provision for the payment thereof in the manner set
forth in the Indenture.
The bonds shall be issued as registered bonds without coupons in denominations
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of Five Thousand Dollars ($5,000) Maturity Value and any integral multiple thereof
The Issuer and the Trustee may deem and treat the Registered Owner hereof as the
absolute owner hereof (whether or not this Bond shall be overdue) for the purpose
of receiving payment of the Accreted Value hereof and for all other purposes and
neither the Issuer nor the Trustee shall be affected by any notice to the contrary.
This bond may be transfened or exchanged by the Registered Owner hereof or by
his attomey duly authorized in writing upon s u n e n d e r at the corporate trust office
ofthe Trustee (initially in Chicago, Illinois), but only in the manner and subject to
the limitations provided in the Indenture and upon payment ofany required expense
reimbursement, tax, fee or other govemmental charge. Upon such transfer or
exchange, a new registered bond or bonds of the same Accreted Value and of
authorized denomination or denominations will be issued in the name of the
transferee or the Registered Owner, as the case may be. The Issuer and the Trustee
shall not be required to register, transfer or exchange any bonds selected for
redemption in whole or in part.
If less than adl the bonds are to be redeemed on any date, the bonds to be
redeemed shall be selected by the Trustee by lot in such manner as the Trustee
shall determine. Each Five Thousand Dollars ($5,000) Maturity Value shall be
considered by the Trustee as a separate bond for purposes of selecting bonds for
redemption.
If, on the redemption date, monies for the redemption ofall the bonds or portions
thereof to be redeemed shall be held by the Tmstee so as to be available therefor on
said date and if notice of redemption shall have been duly given, then, from and
after the redemption date, interest on the bonds or portions thereof so called for
redemption shall no longer accrue and the Accreted Value thereof shall not longer
increase.
The Registered Owner of this Bond shall have no right to enforce the provisions of
the Indenture or to institute action to enforce the covenants therein, or to take any
action with respect to any event of default under the Indenture, or to institute,
appear in or defend any suit or other proceeding with respect thereto, except as
provided in the Indenture.
No recourse under or upon any obligation, covenant or agreement contained in the
Indenture or in any bond or under anyjudgment obtadned against the Issuer, or by
the enforcement ofany assessment or by any legal or equitable proceeding by virtue
of any constitution or statute or otherwise or under any circumstances, under or
independent of the Indenture, shall be held against any Commissioner, official,
officer, or employee, as such, past, present or future, of the Issuer, either directly
or through the Issuer, or otherwise, for the pajmient for or to the Issuer or any
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15049
receiver thereof, or for or to the Registered Owner ofthis Bond, or otherwise, ofany
sum that may be due and unpaid by the Issuer upon this Bond. Any and all
personal liability of every nature, whether at common law or in equity, or by statute
or by constitution or otherwise, of any such Commissioner, official, officer, or
employee, as such, to respond by reason of any act or omission on his or her part
or otherwise, for the payment for or to the Issuer or any receiver thereof, or for or to
the Registered Owner ofany bond issued under the Indenture, or otherwise, ofany
sum that may remain due and unpaid upon the bonds secured by the Indenture or
any of them, is hereby expressly waived and released as a condition of and
consideration for the execution ofthe Indenture and the issuance ofthe bonds.
The Issuer hereby certifies, recites and declares that all acts, conditions and things
required to exist, happen and be performed precedent to and in the execution and
delivery of the Indenture and issuance of this Bond do exist, have happened and
have been performed in due time, form and manner as required by law and that the
issuance ofthis Bond amd the issue ofwhich it forms a part, together with all other
obligations of the Issuer, does not exceed or violate any constitutional or statutory
limitation applicable to the Issuer.
This Bond shall not be valid or become obligatory for any purpose or be entitled
to any security or benefit under the Indenture until the Certificate of Authentication
hereon shadl have been signed by the Trustee.
In Witness Whereof, City ofChicago, Illinois has caused this Bond to be executed
in its name by the manual or facsimile signature ofits Mayor attested by the manual
or facsimile signature ofits City Clerk and its seal to be impressed hereon.
City of Chicago
By:
[Seal]
Attest:
City Clerk
Facsimile Signature)
Mayor
15050
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Tmstee's Certificate Of Authentication.
Date of Authentication:
This Bond is one of the Bonds of the issue described in the within mentioned
Indenture.
By:
Authorized Signatory
(Sub)Exhibit "B".
(To Trust Indenture)
Assignment.
For Vadue Received, The undersigned sells, assigns and transfers unto
(Tax Identification or Social Security Number) the
within Bond and all rights thereunder, and hereby inevocably constitutes and
appoints
attorney to transfer the within Bond on
the books kept for registration thereof with full power of substitution in the premises.
Date:
Signature guaranteed:
Notice:
Signature
must
be
guaranteed by a member
firm
respond with the name of the New
York Stock Exchange or a commercial
bank or trust company.
Notice: Signature must conespond
with the name of the Registered Owner
of the within Bond as it appears on the
face hereof in every particular, without
alteration or enlargement or any
change whatever.
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15051
Table Of Accreted Values.
(Per $5,000 Maturity Value)
The Initial Principal Amount (per $5,000 Maturity Value) on the Bond Delivery Date
for the Bonds is $
.
Compounding Date
Accreted Value
AUTHORIZATION FOR CORPORATION COUNSEL TO ENTER INTO AND
EXECUTE SETTLEMENT AGREEMENT REGARDING CASE OF RONALD
JONES V. J O H N MARKHAM, STEPHEN HOOD,
CARL SILVESTRINI, STEPHEN WARNER
AND THE CITY OF CHICAGO.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration an order authorizing
the Corporation Counsel to enter into and execute a settlement order for the
following case: Ronald Jones v. John Markham, Stephen Hood, Carl Silvestrini,
Stephen Wamer and the City of Chicago, Number OOL 5608 in the amount of
$2,200,000.00, having had the same under advisement, begs leave to report and
recommend that Your Honorable Body Pass the proposed order transmitted
herewith.
15052
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
This recommendation was concuned in by a viva voce vote of the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed order transmitted with the
foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Murioz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Rebojrras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
The following is said order as passed:
Ordered, That the Corporation Counsel is hereby authorized and directed to enter
into and execute a settlement agreement in the following matter: Ronald Jones v.
John Markham, Stephen Hood, Carl Silvestrini, Stephen Wamer and the City of
Chicago, Number OOL 5608 in the amount of $2,200,000.00.
AUTHORIZATION FOR TAX LEVY, APPROVAL OF 2 0 0 4 BUDGET
AND EXECUTION OF SERVICE PROVIDER AGREEMENT
FOR SPECIAL SERVICE AREA NUMBER 2.
The Committee on Finance submitted the following report:
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REPORTS OF COMMITTEES
15053
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration an ordinance
authorizing the levy of taxes and approval of the 2004 budget for Special Service
Area Number 2, amount of levy not to exceed $263,439, having had the same under
advisement, begs leave to report and recommend that Your Honorable Body P a s s the
proposed ordinance transmitted herewith.
This recommendation was concuned in by a viva voce vote of the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed ordinance transmitted with the
foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Murioz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natams, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
The following is said ordinance as passed:
WHEREAS, Special service areas may be established pursuant to Article VII,
Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and p u r s u a n t to the
provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the
"Speciad Service Area Act") and pursuant to the Property Tax Code, 35 ILCS
2 0 0 / 1 - 1 , et seq., as amended from time to time; and
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JOURNAL-CITY COUNCIL-CHICAGO
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WHEREAS, On J u n e 30, 1982, the City Councfl ofthe City ofChicago (the "City
Councfl") enacted an ordinance, as amended by an ordinance enacted by the City
Council on March 25, 1983, as further amended by an ordinance enacted by the
City Council on September 18, 1984, as further amended by an ordinance enacted
by the City Council on J u n e 14, 1995, (collectively, the "Establishment Ordinance")
which established an area known and designated as City ofChicago Special Service
Area Number 2 (the "Area") and authorized the levy of an annual tax not to exceed
an annual rate of one and one-half percent (1.5%) ofthe equalized assessed value
ofthe 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
approximately bounded by Henderson Street on the north, George Street on the
south and fronting on Central Avenue on both east and west sides; and Long
Avenue on the east, Austin Avenue on the west, and fronting on Belmont Avenue on
both north and south sides; and
WHEREAS, The Special Services authorized in the Establishment Ordinance
included the maintenance, operation and upkeep of an automobile parking facility
and such other services as will tend to promote, assist or preserve the businesses
located within, and foster commercial and economic development of, the Area; and
WHEREAS, The Establishment Ordinance provided for the appointment of the
Belmont-Central Parking 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 ofPIanning and 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
Planning and Development 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, 2004, and has advised the Mayor and the City Council conceming the
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REPORTS OF COMMITTEES
15055
Services Tax for the tax year 2003 for the purpose of providing funds necessary to
provide the Special Services; and
WHEREAS, In 2001, the City Council approved an agreement with the BelmontCentral Parking Commission, Inc., as the Service Provider, the term ofwhich expires
on December 3 1 , 2004, and such Service Provider Agreement contemplated that it
would be amended in the second (2"**) and third (3'") years of the term of the
agreement to contain a revised budget and scope of services for those years and
revised budgets, ifany; and
WHEREAS, Certain members ofthe Commission may serve from time to time on
the Board of Directors of the Service Provider, or serve the Service Provider in some
other voluntary capacity, which such service shall provide no financial
compensation in any manner to such Commission member; 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. Appropriations. There is hereby appropriated the foUowing 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 ofthe Services Tax indicated as follows:
Belmont-Central Parking Commission
Special Service Area Budget.
For the fiscal year beginning J a n u a i y 1, 2004 and ending December 3 1 , 2004.
Expenditures
Service Provider Agreement
for the provision of Special
Services
$263,439
TOTAL BUDGET REQUEST:
$263,439
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Source Of Funding
Tax levy at a rate not to exceed
one and one-half percent (1.5%)
ofthe assessed value, as equalized,
of taxable property within Special
Service Area Number 2
$263,439
SECTION 3. Levy Of Taxes. There is hereby levied pursuant to the provisions
of Article VII, Sections 6(a) and 6(1) (2) ofthe Constitution ofthe State oflllinois and
pursuant to the provisions of the Special Service Area Act and pursuant to the
provisions of the Establishment Ordinance, the sum of Two Hundred Sixty-three
Thousand Four Hundred Thirty-nine Dollars ($263,439) as the amount of the
Services Tax for the tax year 2003.
SECTION 4. Filing. The City Clerk is hereby ordered and directed to file in the
Office ofthe County Clerk of Cook County, Illinois a certified copy ofthis ordinance
on or prior to December 30, 2003, 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 2003 against all the taxable property within the
Area, the amount ofthe 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 5. Enforceability. If amy section, paragraph or provision of this
ordinance shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability ofsuch section, paragraph or provision shall not affect any ofthe
remaining provisions ofthis ordinance.
SECTION 6. 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 7. Publication. This ordinance shall be pubUshed by the City Clerk,
in special pamphlet form, by preparing at least one hundred (100) copies thereof,
which copies are to be made available in his office for public inspection and
distribution to members of the public who may wish to avail themselves of a copy
of this ordinance.
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REPORTS OF COMMITTEES
15057
SECTION 8. Effective Date. This ordinance shall take effect ten (10) days after
its passage and publication.
AUTHORIZATION FOR RE-ESTABLISHMENT OF SPECIAL SERVICE
AREA NUMBER 8, IMPOSITION OF TAX LEVY, APPROVAL
OF 2 0 0 4 BUDGET AND EXECUTION OF
SERVICE PROVIDER AGREEMENT.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council
Your Committee on Finance, having had under consideration an ordinance
authorizing the re-establishment of Special Service Area Number 8, the imposition
of a tax levy, the approval ofthe 2004 budget and the execution of a service provider
agreement for Special Service Area Number 8, amount to be levied: $599,000,
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 concuned in by a viva voce vote of the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed ordinance transmitted with the
foregoing committee report was Passed by yeas and nays as follows:
15058
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Murioz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore - 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
The following is said ordinance as passed:
WHEREAS, Special service areas may be established pursuant to Article VII,
Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, 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 Revenue Act of 1939, 35
ILCS 2 0 5 / 1 , et seq., as amended from time to time (the "Revenue Act"); and
WHEREAS, On September 14, 1988, the City Councfl ofthe City ofChicago (the
"City Council") enacted an ordinance (the "Establishment Ordinance") which
established an area known and designated as City of Chicago Special Service Area
Number 8 (the "Area") and authorized the levy of an annual tax not to exceed an
annual rate of forty-one hundredths of one percent (.41%) ofthe equalized assessed
value ofthe taxable property therein to provide certain special services in and for the
Area for a period of five (5) years (the "Initial Levy Period") 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 November 17, 1993, the City Councfl enacted an ordinance (the
"Establishment Ordinance") which again established a special service area known
and designated as City of Chicago Special Service Area Number 8 to provide special
govemmental services in the area in addition to services provided generally by the
City and authorizing a levy of an annual tax not to exceed forty-one hundredths of
one percent (.41%) ofthe equalized assessed value ofall property within the area to
provide such services for an additional period of ten (10) years (the "Second Levy
Period"); and
WHEREAS, The Second Levy Period has expired; and
WHEREAS, The City Council determines that it is in the best interests ofthe City
to again re-establish a special service area to be known and designated as Special
12/17/2003
REPORTS OF COMMITTEES
15059
Service Area Number 8 (the "Area") to provide certain special govemmental services
in addition to services provided generally by the City, all as further provided in this
ordinance (the "Special Services"), and further determines to authorize the levy of
an annual ad valorem real property tax for a period of ten (10) years in the Area
sufficient to produce revenues required to provide those Special Services (the
"Services Tax"); and
WHEREAS, The City Council desires to authorize the execution of an agreement
with a service provider for the provision of the Special Services in and for the Area
in fiscal year 2004; 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 Councfl finds and declares as follows:
(a) the Area, as established by this ordinance, consists of contiguous territory
in the City;
(b) the City Council adopted an ordinance on October 1, 2003 authorizing a
public hearing (the "Public Hearing") to consider the establishment ofthe Area and
the levy of the Services Tax on the taxable property located in the Area to provide
the Special Services;
(c) notice of the Public Hearing was given by publication at least once not less
than fifteen (15) days prior to the hearing in the Chicago Sun-Times, a newspaper
published in and of general circulation within the City, and notice of the 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 taixes for the last
preceding year were paid on each property Ijdng within the Area, not less than ten
(10) days prior to the time set for the Public Hearing. For any properties for which
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;
(d) the notice complied with all of the applicable provisions of the Act;
(e) the Public Hearing was held on November 3, 2003 by the Committee on
Finance ofthe 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 written objections on such
issues;
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(f) the Committee on Finance of the City Council has heard and considered all
ofthe 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 establish the Area and to authorize the levy of the
Services Tax, all as provided in this ordinance;
(g) the Public Hearing was finally adjourned on November 3, 2003;
(h) the sixty (60) 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 3, 2003; and
(i) the City Council hereby finds and determines that it is in the best interests
of the City that the Area be established and the Services Tax be authorized, all as
set forth herein.
SECTION 3. Area Established. There is hereby established a special service
area located within the City to be known and designated as City of Chicago Special
Service Area Number 8. The approximate street location of said territory consists
of Broadway, from Diversey Parkway to Grace Street; on Clark Street, from Diversey
Parkway to Fletcher Street on the west side and Belmont Avenue on the east side;
on Halsted Street, from Diversey Parkway to Belmont Avenue; on Belmont Avenue,
from Halsted Street to Broadway; and on Diversey Parkway, from Halsted Street to
Sheridan Road. A legal description ofthe Area is attached as Exhibit 1 hereto and
hereby incorporated herein. A map of the Area is attached as Exhibit 2 hereto and
hereby incorporated herein. A list of permanent index numbers for the properties
in the Area is attached hereto as Exhibit 3 and hereby incorporated herein.
SECTION 4. Special Services Authorized. The Special Services authorized
hereby include maintenance and beautification activities; the recruitment amd
promotion of new businesses to the Area and retention and promotion of existing
business within the Area; coordinated marketing and promotional activities;
strategic planning for the general development of the Area; financing of storefront
facade improvements; security programs, including, but not limited to, the
development of cooperative crime prevention programs; and other technical
assistance activities to promote commercial and economic development, including,
but not limited to, streetscape improvements, strategic transit/parking
improvements including parking management studies, and enhanced local land-use
oversight and control initiatives such as monitoring zoning and building code
compliance. The Special Services shall be in addition to services provided by and
to the City generally.
12/17/2003
REPORTS OF COMMITTEES
15061
SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in
each year beginning in 2003 through and including 2012 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 the sum of forty-one hundredths of one
percent (.41%) ofthe equalized assessed value ofthe 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 Revenue Act. The levy of the
Services Tax for each year shall be made by annual ordinance, commencing with
this ordinance.
SECTION 6. Appropriations. Based on the recommendation of the Department
ofPIanning and Development, there is hereby appropriated the following sum in the
amount and for the purposes necessary to provide the Special Services in and for
the Area indicated as follows:
Special Service Area Number 8
Special Service Area Budget.
For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004.
Expenditures
Service Provider Agreement
for the provision of Special
Services
$614,000
TOTAL BUDGET REQUEST:
$614,000
Source Of Funding
Tax levy at a rate not to exceed
the sum of forty-one hundredths
of one percent (.41%) ofthe
assessed value, as equalized,
of taxable property within
Special Service Area Number 8
$599,000
Carryover funds from previous tax years
$ 15,000
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JOURNAL-CITY COUNCIL-CHICAGO
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SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions
of Article VII, Sections 6(a) and 6(1)(2) of the Constitution ofthe State oflllinois and
pursuant to the provisions of the Act and pursuant to the provisions of this
ordinance, the sum of Five Hundred Ninety-nine Thousand Dollars ($599,000) as
the amount of the Services Tax for the tax year 2003.
SECTION 8. Commission Authorized. There is hereby established the Lake View
East Special Service Area Commission (the "Commission") consisting of eleven (11)
members. The Mayor, with the approval ofthe City Council, shall appoint the initial
Commission members from a list of nominees submitted by the Lake View East
Chamber of Commerce, an Illinois not-for-profit corporation (the "Organization").
Ofthe initial Commission members, seven (7) members shall be appointed to serve
for two (2) year terms, and four (4) shall be appointed to serve for one (1) year terms.
Upon the expiration of the term of any Commission member, the Mayor, with the
approval of City Council, shall appoint a successor Commission member from a list
of nominees submitted by the Organization. Other than the initial Commissioners,
each Commission member shall be appointed to serve for a term of two (2) years and
until a successor is appointed. In the event of a vacancy on the Commission due
to resignation, death, inability to serve, removal by the Mayor or other reason, the
Mayor, with the approval of City Council, shall appoint a successor from a list of
nominees submitted by the Organization. Each successor so appointed shall serve
for the remaining term for which h e / s h e was appointed. The Commission shall
designate one (1) member as the chairman ofthe Commission, and h e / s h e shall
serve not more tham two (2) successive two (2) year terms. The Commission may
establish bylaws for its procedural operation.
The Commission shall have the powers delegated to it in Section 9 hereof. The
terms and powers ofthe Commission members shall cease upon the termination of
the time period for which the levy ofthe Services Tax is authorized. The members
of the Commission shall serve without compensation.
SECTION 9. Powers O f T h e Commission. The Commission is hereby granted
the following powers:
(a) to recommend the rate or amount of the Services Tax and an annual budget
to the City Council; and
(b) to recommend a sole service provider contract, including a scope of services
and a contractor therefor, to the City Council for the provision of the Speciad
Services.
SECTION 10. Service Provider Agreement. The Commissioner of the
Department ofPIanning and Development (the "Commissioner"), or a designee ofthe
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
12/17/2003
REPORTS OF COMMITTEES
15063
the Organization, in substantially the form attached hereto as Exhibit 4 and hereby
made a part hereof (the "Service Provider Agreement"), and such other supporting
documents, ifany, as may be necessary to cany out and comply with the provisions
ofthe Service Provider Agreement, with such changes, deletions and insertions as
shall be approved by the persons executing the Service Provider Agreement.
SECTION 11. Exemption. The Service Provider Agreement is hereby declared
exempt from Section 2-156-020 ofthe Municipal Code ofthe City.
SECTION 12. Protests And Objections. If a petition of objection is filed with the
Office of the City Clerk of the City 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%) ofthe owners ofrecord ofthe property included within the boundaries ofthe
Area within sixty (60) days following the adjournment of the Public Hearing, all as
provided for in Section 27-55 of the Act, as a result of such filing this ordinance
shall be deemed to be null and void, the Area shall not be created, and 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 13. Severability. Ifany provision ofthis ordinance or the application
of any such provision to amy 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 14. 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"), in
accordance with Section 27-75 of the Act, a certified copy of this ordinance
containing an accurate map of the Area. The City Clerk is hereby further ordered
and directed to file in the Office of the Recorder of Deeds of Cook County, in
accordance with Section 27-40 of the Act, a certified copy of this ordinance
containing a description of the Area, within sixty (60) days of the effective date of
this ordinance. In addition, the City Clerk is hereby further ordered and directed
to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act,
a certified copy ofthis ordinance on or prior to December 30, 2003, 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 2003 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.
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JOURNAL-CITY COUNCIL-CHICAGO
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SECTION 15. 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 16. Publication. This ordinance shall be published by the City Clerk,
in special pamphlet form, by preparing at least one hundred (100) copies thereof,
which copies are to be made available in his office for public inspection and
distribution to members of the public who may wish to avail themselves of a copy
of this ordinance.
SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after
its passage and publication.
[Exhibit 2 refened to in this ordinance printed
on page 15076 of this Journal]
Exhibits 1, 3 and 4 referred to in this ordinance read as follows:
Exhibit 1.
(To Ordinance)
Proposed Lakeview Special Service Area
Number 8 Reconstitution.
Legal Description.
All that part ofthe northwest quarter ofSection 28, a part of the northeast quarter
of Section 29 and a part of the southwest quarter of Section 2 1 , all in Township 40
North, Range 14, East ofthe Third Principal Meridian, bounded and described as
follows:
beginning at the intersection of the east line of Broadway with the south line of
Comelia Avenue and running thence northeast along said south line of Comelia
Avenue, a distance of 55.00 feet; thence southeast along a line parallel with said
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REPORTS OF COMMITTEES
15065
east line of Broadway to the south line of Stratford Place; thence northeast along
said south line to a point which is 75.00 feet northeast of said east line of
Broadway; thence southeast along a line parallel with said east line of Broadway,
a distance of 125.00 feet; thence southwest along a straight line, a distance of
5.00 feet to the northeast comer of Lot 2 in Owner's Division; thence south along
the east line of Lot 2, a distance of 115.30 feet to the north line of Hawthorne
Avenue; thence south along a straight line to an intersection with the south line
of said Hawthome Avenue, said intersection being 45.33 feet, as measured along
said south line, northeast of said east line of Broadway; thence south along the
east line ofthe west half of Lot 14 in B.F. McConnell's Subdivision to the north
line of Lot 1 in Jones' Subdivision; thence east along the north line of Lots 1 and
2 in Jones' Subdivision to the northeast comer of said Lot 2, said northeast
comer being 146.80 feet as measured along said line, east of the east line of
Broadway; thence south along the east line of said Lot 2, a distance of
166.50 feet to the north line of Roscoe Street; thence southeast along a straight
line to a point on the south line of Roscoe Street, said point being 53.00 feet east
of the east line of Broadway; thence south, southeast and south along the east
lines of the parcels of land having frontage along the east line of said Broadway,
saiparcels identified as Permanent Index Number 14-21-310-001 and Permanent
Index Number 14-21-310-020, to a point on the north line of Aldine Avenue,
which point is 50.00 feet east of the east line of Broadway; thence west along
said north line of Aldine Avenue 50.00 feet to said east line; thence south along
said east line, a distance of 183.00 feet; thence east along a straight line, a
distance of 100.00 feet; thence south along a straight line, a distance of
49.00 feet to the north line of Lot 5 in Adolph Schoeninger's Subdivision; thence
east along said north line, a distance of 38.97 feet; thence south along a straight
line, a distance of 41.75 feet; thence west along a straight line, a distance of
38.97 feet to a point which is 90.00 feet east ofthe east line of Broadway; thence
south along a line which is 90.00 feet east of and parallel with said east line to
the north line of Melrose Street; thence south to a point on the south line of
Melrose Street, which point is 91.00 feet east ofthe east line of Broadway; thence
south along a straight line, a distance of 100 feet; thence east along a straight
line to the west line of the public alley 12.00 feet wide, which west line is
187.00 feet east of and parallel with said east line of Broadway; thence south
along said west line ofthe public alley, a distance of 88.12 feet to the southeast
comer of Lot 8 in Hamstrom's Subdivision; thence west along a straight line, a
distance of 117.04 feet to a point which is 69.96 feet east of the east line of
Broadway; thence south along a Une which is 69.96 feet east of and parallel with
said east line, a distance of 209.00 feet to the south line of Belmont Avenue;
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thence east along said south line to a point which is 98.00 feet east of the east
line of Broadway, said point being the northeast comer of Lot 8 in Kimball
Young's Subdivision; thence south along the east line of said Lot 8 and its
southward extension, a distance of 166.00 feet to the south line of the public
alley, 16.00 feet wide; thence east along said south line to the west line of the
public alley, 12.00 feet wide, which west line is 130.00 feet east of and parallel
with said east line of Broadway; thence south along said west line of the public
alley to the south line ofthe public alley, 16.00 feet wide; thence west along said
south line to a point which is 50.00 feet east ofthe east line of Broadway; thence
south along a line 50.00 feet east of and parallel with said east line, a distance
of 127.00 feet to the north line of Briar Place; thence southeast along a straight
line to a point on the south line of Briar Place, which point is 117.50 feet east of
the east line of Broadway; thence south along a straight line, a distance of
135.00 feet; thence east along the north line of Lot 3 in Culver's Addition to the
northeast of said Lot 3; thence south along the east line of said Lot 3, a distance
of 78.00 feet; thence west along a straight line to a point which is 117.00 feet
east of said east line of Broadway; thence south along a line 117.00 feet east of
and parallel to said east line to the north line of Barry Avenue; thence southwest
along a straight line to a point on the south line of Barry Avenue which point is
100.04 feet east ofthe east line of Broadway; thence south along a straight line,
a distance of 184.00 feet to the south line of the public alley, 18.00 feet wide;
thence west along said south line to a point which is 50.00 feet east ofthe east
line of Broadway; thence south along a straight line, a distance of 166.00 feet to
the north line of Wellington Avenue; thence southeast along a straight line to a
point on the south line of Wellington Avenue which point is 58.00 feet east of
said east line of Broadway; thence south along a straight line, a distance of
140.50 feet to the north line of the public alley, 16.00 feet wide; thence west
along said north line, a distance of 11.00 feet; thence south along a line which
is 47.00 feet east of and parallel with the east line of Broadway, a distance of
156.50 feet to the north line of Oakdale Avenue; thence southeast along a
straight line to a point on the south line of Oakdale Avenue which point is
75.13 feet east of the east line of Broadway; thence south along a straight
line, a distance of 83.00 feet; thence east along a straight line, a distance of
49.92 feet; thence south along a straight line, a distance of 114.00 feet; thence
west along a straight line, a distance of 124.95 feet to the east line of Broadway;
thence south along said east line, a distance of 263.00 feet to the south line of
Surf Street; thence west along said south line, a distance of 33.00 feet to the
northwest comer of Lot 14 in LeMojme's Subdivision; thence south along the
west line of said Lot 14 and its southward extension, a distance of 246.00 feet;
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thence east along a straight line, a distance of 202.00 feet to the east line ofthe
public alley, 16.00 feet wide; thence south along said east line, a distance of
110.00 feet to a point which is 106.00 feet north of the north line of Diversey
Parkway; thence east along a line which is 106.00 feet north and parallel with
said north line of Diversey Parkway to the east line of Cambridge Avenue; thence
north along said east line to the south line ofthe public alley 14.00 feet wide,
which south line is 150.00 feet north of said north line of Diversey Parkway;
thence east along said south line ofthe public alley, a distance of 667.00 feet to
the northeast comer of Lot 11 in the resubdivision of Block 1 of LeMojme's
Subdivision; thence south along the east line of said Lot 11, a distance of
150.00 feet to the north line of Diversey Parkway; thence west along said north
line, a distance of 1,251.60 feet to an intersection with the east line of Broadway;
thence continuing west across said Broadway and Clark Street to the
intersection of the west line of Clark Street and the north line of said Diversey
Parkway; thence west along said north line of Diversey Parkway to the east line
of Burling Street; thence north along said east line, a distance of 140.00 feet to
the south line ofthe public alley 17.00 feet wide; thence east along said south
line, a distance of 112.50 feet; thence southeast along a straight line to a
point on the south line of a private alley, 12.00 feet wide, which point is
101.44 feet west ofthe west line of Orchard Street; thence along said south line
ofthe private alley and also along the south line of Lot 2 in Abbott's Subdivision
to the southeast comer of said Lot 2, said comer being 125.00 feet east ofthe
east line of Orchard Street; thence north along the east line of said Lot 2, a
distance of 40.00 feet to the northeast comer of said Lot 2; thence west along a
straight line, a distance of 11.15 feet; thence north along a straight line, a
distance of 49.00 feet; thence east along a straight line, a distance of 3.17 feet
to the southwest comer of Lot 4 in Bickerdike and Steele's Subdivision; thence
north along the west line of Lots 1 through 4, both inclusive, in said Bickerdike
and Steele's Subdivision, a distance of 89.36 feet to the northwest comer of Lot
1 in said subdivision; thence west along the north line of Lot 7 in said
subdivision, a distance of 51.50 feet to the southeast comer of Lot 19 in Raworth
and Others' Subdivision; thence northwest along the east line of Lots 18 and
19 in said Raworth's Subdivision, a distance of 116.08 feet to the south line of
Lot 7 in said subdivision; thence west along said south line, a distance of
7.07 feet to the east line of Orchard Street aforesaid; thence north along sadd
east line, a distance of 210.26 feet to the south line of Lot 3 in Hammond and
Crawford's Subdivision ofthe north 75 feet ofthe south 137 feet of Lot 12 of said
Bickeridike and Steele's Subdivision of the west half of the northwest quarter
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of Section 28, Township 40, Range 14 East of the Third Principal Meridian;
thence east along said south line of Lot 3 to the southeast comer thereof, the
east line of said Lot 3 being also the west line of Clark Street; thence north along
the west line of Clark Street to the southeast comer of Lot 12 in County Clerk's
Division; thence west along the south line of said Lot 12 to the southwest comer
thereof; thence northwest along the west line of said Lot 12 to the south line of
Lot 4 in said County Clerk's Division; thence west along the south line of said
Lot 4 tp the southwest comer thereof, said comer being 144.83 feet, as
measured along said south line of Lot 4, west of the west line of Clark Street;
thence north along the west line of said Lot 4 to an intersection with the south
line of Lot 3 in said County Clerk's Division, said intersection being 122.00 feet,
as measured along said south line, east of the east line of Burling Street
aforesaid; thence northwest along a straight line to a point on the north line of
said Lot 3, which point is 120.00 feet, as measured along said north line, east
of said east line of Burling Street; thence west along said north line of Lot 3 to
a point which is 92.78 feet, as measured along said line, east of said east line of
Burling Street; thence north along a straight line, a distance of 40.90 feet; thence
west along a straight line, a distance of 35.00 feet; thence north along a straight
line, a distance of 7.00 feet; thence west along a straight line to the southeast
comer of the parcel of property bearing Permanent Index Number 14-28-115054; thence north along the east line of said parcel of property bearing
Permanent Index Number 14-28-115-054 to the southwest comer of Knocke and
Gardner's Subdivision in Section 28, Township 40 North, Range 14 East ofthe
Third Principal Meridian; thence northwest along the west line of said Knocke
and Gardner's Subdivision to the northwest comer thereof; thence east along the
north line of said Knocke and Gardner's Subdivision to the west line of Clark
Street; thence northwest along the west line of Clark Street to a point on the
north line of Oakdale Avenue, said point being also the southeast comer of
Lot 16 in Hussander's Subdivision; thence west along the north line of Oakdale
Avenue to the southwest comer of said Lot 16 in Hussander's Subdivision;
thence northwest along the east line ofthe public alley 18.00 feet wide, to the
northwest comer of Lot 22 in said subdivision; thence west along the north line
of the public alley, 16.00 feet wide, and along the north line of Lot 1 in said
Hussander's Subdivision to the east line of Halsted Street; thence south
alongsaid east line of Halsted Street, a distance of 339.65 feet to the northwest
comer of Lot 5 in Catlin's Subdivision; thence east along the north line of said
Lot 5 to the west line ofthe public alley 16.00 feet wide; thence southeast and
south along said west line to the south line of Lot 9 in the resubdivision of
original Lot 15 in Bickerdike and Steele's Subdivision; thence west along said
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south line, a distance of 142.10 feet to said east line of Halsted Street; thence
south along said east line, a distance 35.90 feet;^thence east along a straight line
to the west line ofthe public alley 16.00 feet wide; thence south along the west
line of said alley and along the west line ofthe public alley 20.00 feet wide, to the
northeast comer of Lot 5 in L.A. Warner's Subdivision; thence west along the
north line of said Lot 5, a distance of 140.00 feet to said east line of Halsted
Street; thence south along said eastline, a distance of 25.00 feet t o t h e south
line of said Lot 5; thence east along said south line, a distance of 140.00 feet
to the west line of said public alley; thence south along said west line, a distance
of 39.00 feet to the south line of the public alley, 14.00 feet wide; thence east
along south line to the west line of Burling Street; thence south along said west
line, a distance of 140.00 feet to the north line of Diversey Parkway; thence west
along said north line, a distance of 485.00 feet to a point on said north line,
which is 80.00 feet west of the west line of said Halsted Street; thence north
along a line which is 80.00 feet west of and parallel to said west line, a distance
of 132.00 feet; thence west along a straight line, a distance of 50.00 feet to the
east line ofthe public alley, 16.00 feet wide; thence north along said east line
to the northwest corner of Lot 23 of Block 1 of Woodland's Subdivision of the
east half of Outlot 5 of Canal Trustees' Subdivision; thence east along the north
line of said Lot 23 to a point which is 75 feet west of the west line of Halsted
Street; thence north along a straight line to the south line of Wellington Avenue;
thence east along the south line of Wellington Avenue to the west line of Halsted
Street; thence north along the west line of Halsted Street to the northeast
comer of Lot 3 in Canal Trustees' Subdivision of the east half of Section 29,
Township 40 North, Range 14 East (except the north 4-20/100 acres) ofthat part
of said lot which lies west ofthe Green Bay Road; thence west along the north
line of said Lot 3 and its westerly extension to the east line of Lot 11 in
Kraemer and Weber's Subdivision of the south half of Lots 7 and 8 (except the
west 50 feet) of the south half of Lot 11 of Canal Tmstees Subdivision; thence
north along said east line and its northerly extension to the south line of Barry
Avenue; thence east along the south line of Barry Avenue to the southerly
extension of the west line of the parcel of property bearing Permanent Index
Number 14-29-206-061; thence north along said southerly extension and the
west line ofthe parcel of property bearing Permanent Index Number 14-29-206061 to northwest comer thereof; thence west along the south Une of Lot 2 in
Block 3 of Gehrke and Brauckmann's Subdivision of Outlot 1 of Canal Tmstees
Subdivision to the southwest comer ofthe parcel of property bearing Permanent
Index Number 14-29-206-057; thence north along the west line of said parcel of
property bearing Permanent Index Number 14-29-206-057 to the north line of
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said Lot 2; thence west along said north line of Lot 2, a distance of 1.0 feet, more
or less, to the southwest comer of the parcel of property bearing Permanent
Index Number 14-29-206-056; thence north along the west line of said parcel of
property bearing Permanent Index Number 14-29-206-056 to the south line of
Fletcher Street; thence east along the south line of Fletcher Street to the east line
of Clark Street; thence northwest along the east line of Clark Street to the south
line of Belmont Avenue; thence east along the south line of Belmont Avenue to
a point which is 125.00 feet east ofthe east line of said Halsted Street; thence
south along a line which is 125.00 feet east of and parallel with said east line to
a point which is 27.00 feet north of California Tenace, a private street; thence
west along a straight line, a distance of 125.00 feet to said east line of Halsted
Street; thence south along said east line a distance of 107.51 feet; thence east
along the south line of Lot 1 in the resubdivision of part of Lot 21 in Oak Grove
Addition, a distance of 73.00 feet; thence north along the east line of said Lot 1
a distance of 14.22 feet to the northwest comer of Lot 20 in Oak Grove Addition
to Chicago; thence east along the north line of said Lot 20, a distance of 45.00
feet to the northeast comer of said Lot 20; thence south along the east line of
said lot, a distance of 159.60 feet to a point on the north line of Bany Avenue,
said point being 69.00 feet, as measured along said north line, east of the
northeast line of Clark Street; thence southeast along a straight line to a point
on the south line of said Barry Avenue, which point is 127.62 feet as measured
along said south line, east of the northeast line of Clark Street; thence south
along the west line ofthe public alley, a distance of 46.82 feet; thence southeast
along the west line of the public alley, a distance of 150.00 feet; thence east
along a straight line to a point which is 295.00 feet east of said northeast line of
Clark Street; thence southeast along the west line of the public alley, 20 feet
wide, a distance of 165.30 feet; thence west along the south line of Lot 10 in
Knocke and Gardner's Subdivision, a distance of 80.00 feet; thence south along
a straight line, a distance of 128.00 feet to the north line of Wellington Avenue;
thence southeast along a straight line to a point on the south line of said
Wellington Avenue, which point is 150.10 feet as measured along said south line,
east of the northeast line of Clark Street; thence south, southeast and south
along the west line of the public alley, 14.00 feet wide to the north line of
Oakdale Avenue; thence southeast along a straight line to a point on the south
line of Oakdale Avenue, which point is 214.61 feet, as measured along said
south line, east of the northeast line of Clark Street; thence south along a
straight line to the north line of the public alley, 14.00 feet wide; thence west
along said north line to an intersection with the northward extension ofthe west
line of Lot 2 in J o h n W. Foster's Resubdivision; thence south along said
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northward extension and along the west line of Lot 2, a distance of 145.52 feet
to the north line of Surf Street; thence southeast; along a straight line to a point
on the south line of Surf Street, said point being 117.40 feet as measured along
said south line, east of said northeast line of Clark Street; thence south,
southeast and south along the west line of the public alley to the south line of
the public alley, 16.00 feet wide; thence east along said south line ofthe public
alley to the east line ofthe public alley, 10.00 feet wide; thence north along said
east line to a point on the south line of Surf Street aforesaid, which point is
115.00 feet as measured along said south line, west ofthe west line of Broadway;
thence northeast along a straight line to a point on the north line of Surf Street,
which point is 96.00 feet west of said west line of Broadway; thence north along
a straight line to the north line ofthe public alley, 14.00 feet wide; thence west
along said north line to a point which is 125.00 feet west of said west line of
Broadway; thence north along a straight line, a distance of 48.68 feet to the
south line of Oakdale Avenue; thence northeast along a straight line to a point
on the north line of said Oakdale Avenue, which point is 100.00 feet west of said
west line of Broadway; thence north along a line which is 100.00 feet west of
and parallel with said west line to a point which is 72.50 feet north ofthe north
line of the public alley, 14.00 feet wide; thence east along a straight line, a
distance of 42.15 feet; thence north along a straight line, a distance of 9.00 feet;
thence east along a straight line, a distance of 57.85 feet to a point on said west
line of Broadway, which point is 50.00 feet south ofthe south line of Wellington
Avenue; thence north along said west line of Broadway to the north line of
Wellington Avenue; thence west along said north line, a distance of 100.00 feet;
thence north along a straight line, a distance of 128.00 feet; thence west along
the south line of Lot 3 in Block 5 of Knocke and Gardner's Subdivision, a
distance of 90.00 feet to the east line ofthe public alley, 20.00 feet wide; thence
north along said east line, a distance of 144.00 feet to the south line of Lot 8 in
Noble's Subdivision; thence west along said south line to a point which is 220.00
feet west of said west line of Broadway; thence north along a straight line to a
point on the south line of Lot 39 in Oak Grove Addition to Chicago; thence east
along a straight line to the southwest comer of Lot 7 in said Noble's Subdivision,
said comer being 150.00 feet west of said west line of Broadway; thence north
along the west line of Lot 7 to the northwest comer of the lot; thence east along
the north line of said Lot 7 to a point which is 89.79 feet west of said west line
of Broadway; thence north along a straight line to a point on the south line of
Barry Avenue; thence northwest along a straight line to a point on the north line
of Barry Avenue, which point is 100.00 feet west of the west line of Broadway;
thence north along a straight line, a distance of 57.25 feet; thence west along a
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straight line, a distance of 100.00 feet; thence north along the west line of Lots
1, 2 and 3 in said Noble's Subdivision to a point which is 32.00 feet south ofthe
south line ofthe public alley 14.00 feet wide; thence east along a straight line,
a distance of 12.00 feet; thence north along a straight line, a distance of 32.00
feet to said south line of the public alley; thence east along said south line to the
east line ofthe public alley, 18.00 feet wide; thence north along said east line to
the north line of Briar Place, being the southwest comer of Lot 10 in Hitchcock
and Wilson Subdivision; thence east along the south line of Lot 10, 33.0 feet;
thence north parallel with the west line of Lots 9 and 10 in said subdivision to
the north line of Lot 9; thence west along said north line to the northwest comer
of Lot 9 being on the east line ofthe public alley, 18.00 feet wide; thence north
along said east line, said east line being 125.00 feet west of and parallel with
said west line of Broadway to the south line of a public alley 14.0 feet wide,
south of Belmont Avenue; thence west along said south line of the alley
to the southeast comer of Lot 21 in said Hitchcock and Wilson Subdivision;
thence north along the east line of said Lot 21 to the south line of Belmont
Avenue; thence west along the south line of Belmont Avenue to the northeast
comer of Lot 27 in said Hitchcock and Wilson Subdivision; thence south along
the east line of said Lot 27 to the north line of the public alley south of Belmont
Avenue; thence west along said north line of the alley to the east line of the
public alley 14.0 feet wide, east of Halsted Street; thence north along said east
line of the alley east of Halsted Street and its northerly extension to the north
line of Belmont Avenue; thence west along the north line of Belmont Avenue to
the southeast corner of the parcel of property bearing Permanent Index
Number 14-29-313-052; thence north along the east line of said parcel of
property bearing Permanent Index Number 14-29-313-052 to the northeast
comer thereof; thence west along the north line of said parcel of property bearing
Permanent Index Number 14-29-313-052 to the west line of Halsted Street;
thence north along the east line of Halsted Street to the south line of a public
alley north of Belmont Avenue; thence east along said south line of a public alley
north of Belmont Avenue to the southerly extension of the west line of Lot 3 in
Sander's Subdivision; thence north along the west line of Lots 1, 2 and 3 in said
Sander's Subdivision to a point which is 7.24 feet north ofthe north line of said
Lot 2; thence east along a line which is 7.24 feet north of and parallel with said
north line of Lot 2 to a point which is 39.50 feet west of said west line of
Broadway; thence north along a straight line to the north line of Melrose Street;
thence west along the north line of Melrose Street to the west line of the parcel
of property bearing Permanent Index Number 14-21-311-056; thence north
along said west line of the parcel of property bearing Permanent Index
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Number 14-21-311-056 to the northwest comer thereof; thence east along the
north line of said parcel of property bearing Permanent Index Number 14-21311-056 to the southwest comer of the parcel of property bearing
Permanent Index Number 14-21-311-030; thence north along the west line of
said parcel of property bearing Permanent Index Number 14-21-311-030 and its
northerly extension to the north line of Aldine Avenue; thence west along said
north line, a distance of 50.00 feet; thence north along a straight line, a distance
of 125.00 feet; thence west along a straight line, a distance of 50.00 feet to the
east line ofthe public alley, 16.00 feet wide; thence north along said east line a
distance of 16.60 feet; thence east along a straight line, a distance of 50.00 feet;
thence north along a straight line, a distance of 125.00 feet to the south line of
Buckingham Place; thence east along said south line, a distance of 50.00 feet to
an intersection with the southeast prolongation of the west line of Broadway;
thence northwest along said west line of Broadway to the southeast comer of Lot
2 in Clark and McConnell's Addition to Lakeview; thence southwest along the
south line of said Lot 2, a distance of 151.30 feet to the southwest comer of said
lot; thence northwest along the west line of said Lot 2, a distance of 50.25 feet
to the northwest comer of said lot; thence north along the east line of Lot 31 in
said Clark and McConnell's Subdivision to a point which is 89.30 feet south of
the south line of Roscoe Street; thence east and north along straight lines and
east and northeast along a curved line and also north along a straight line, said
lines being the boundary line ofthe parcel identified as Permanent Index Number
14-21-308-058 to a point on the south line of Roscoe Street; thence east along
said south line, a distance of 45.05 feet to the west line of said Broadway; thence
northwest along a straight line to the point of intersection of the north line of
Roscoe Street with the west line of Broadway; thence west along said north line
of Roscoe Street, a distance of 67.50 feet; thence north along a straight line to
apoint on the south line of Lot 4 in E.J.M. Hale's Subdivision of Block 15, which
point is 61.47 feet, as measured along said south line, west of said west line of
Broadway; thence west along the south line of said Lot 4 to the southwest comer
of said lot; thence northwest along the west lines of Lots 1 , 2 , 3 and 4 in said
E.J.M. Hale's Subdivision to the northwest comer of said Lot 1; thence west
along the south line of Lot 6 in Anna P. Colehour's Subdivision to a point on said
south line which is 38.50 feet east of the southwest comer of said lot; thence
north along a line which is 38.50 feet east of and parallel with the west line of
Lots 5 and 6 in said Anna P. Colehour's Subdivision to the north line of said Lot
5; thence west along said north line of Lot 5, a distance of 38.50 feet to the
northwest comer of said lot; thence north along the west line of Lots 3 and 4 in
said Colehour's Subdivision, a distance of 64.46 feet to a point on the west line
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of said Lot 3; thence east along a straight line to the southwest comer of Lot 2
in Waller and Beckwith's Resubdivision, said northwest comer being 11.50 feet,
as measured along the south line of said Lot 2, west of the west line of
Broadway; thence north along the west line of Lots 1 and 2 in said Waller and
Beckwith's Resubdivision and its northerly extension to the north line of
Comelia Avenue; thence west along the north line of Comelia Avenue to the
southeast comer of Lot 3 in Emil Meyer's Subdivision of Lot 6 of Hamilton and
Howe's Subdivision; thence northwest along the west line of said Lot 3 and
Lots 2 and 1 to the southeast line of Lot 5 in said Emil Meyer's Subdivision;
thence southwest along said southeast line of Lot 5 to the southwest comer
thereof; thence northwest along the southwest line of said Lot 5 and Lot 4 in said
Emil Meyer's Subdivision to the northwest comer of said Lot 4; thence northeast
along the north line of said Lot 4 to the west line of Broadway, thence north
along the west line of Broadway to the north line of Addison Street; thence
west along the north line of Addison Street to the southeast comer of Lot 11 in
Block 9 of Hundley's Subdivision of Lots 3 to 21 and 33 to 37 of Pine Grove
Subdivision; thence north along the west line of said Lot 11 and Lots 1 to 10 in
said Hundley's Subdivision to the south line of Waveland Avenue; thence west
along the south line of Waveland Avenue to the southerly extension of the west
line of Lot 6 in Bradley's Subdivision of Block 4 of Hundley's Subdivision; thence
north along the west line of said Lot 6 to the south line of Lot 4 in said Bradley's
Subdivision; thence west along said south line of Lot 4 to the east line of Halsted
Street; thence north along Halsted Street to the northwest comer of Lot 3 in said
Bradley's Subdivision; thence east along the north line of said Lot 3 to the west
line of Broadway; thence north along the west line of Broadway to the east line
of Halsted Street; thence north along the east line of Halsted Street to the south
line of Grace Street; thence east along the south line of Grace Street to the east
line ofthe parcel of property bearing Permanent Index Number 14-21-105-004;
thence south along said east line and its southerly extension to the northeast
comer of Cookson's Subdivision of Lots 8 and 9 of Block 5 of Hundley's
Subdivision; thence southwest along the north line of said Cookson's
Subdivision to the east line of the parcel of property bearing Permanent Index
Number 14-21-105-017; thence south along the east line of said parcel of
property bearing Permanent Index Number 14-21-105-017 to the southeast
comer thereof; thence southwest along the south line of said parcel of property
bearing Permanent Index Number 14-21-105-017 to the east line ofthe parcel
of property bearing Permanent Index Number 14-21-105-018; thence south
along the east line of said parcel of property bearing Permanent Index Number
14-21-105-018 to the east line of the parcel of property bearing Permanent Index
12/17/2003
REPORTS OF COMMITTEES
15075
Number 14-21-105-019; thence south along the east line of said parcel of
property bearing Permanent Index Number 14-21-105-019 and its southerly
extension to the south line of Waveland Avenue; thence east along the south line
of Waveland Avenue to the northeast comer of the parcel of property bearing
Permanent Index Number 14-21-108-018; thence southeast along the east line
of said parcel of property bearing Permanent Index Number 14-21-108-018 and
its southerly extension to the north line of Lot 7 in the subdivision of Lots 3, 4,
5, 10, 11 and 12 of Block 8 of Hundley's Subdivision; thence southwest along
said north line to the northeast comer of Lot 8 in said subdivision of Lots 3 , 4 ,
5, 10, 11 and 12 of Block 8 of Hundley's Subdivision; thence southeast along the
east line of sadd Lot 8 and its southeasterly extension and along the east line of
Lot 11 in said subdivision of Lots 3, 4, 5, 10, 11 and 12 of Block 8 of Hundley's
Subdivision to the north line of Circuit Court Partition of Lots 6 and 9 of Block
8 of Hundley's Subdivision; thence southwest along said north line of Circuit
Court Partition to the northeast comer of the parcel of property bearing
Permanent Index Number 14-21-109-009; thence southeast along the east line
of said parcel of property bearing Permanent Index Number 14-21-109-009 and
its southerly extension to the south line of Addison Street; thence east along the
south line of Addison Street to the east line of the parcel of property bearing
Permanent Index Number 14-21-301 -001; thence southeast along said east line
to the northwest line ofthe parcel of property bearing Permanent Index Number
14-21-301-003; thence northeast along said northwest line of the parcel of
property bearing Permanent Index Number 14-21-301-003 to the northeast
corner thereof; thence southeast along the northeast line of said parcel of
property bearing Permanent Index Number 14-21-301-003 to the southeast
comer thereof; thence southwest along the southeast line of said parcel of
property bearing Permanent Index Number 14-21-301-003 to the northeast
comer of the parcel of property bearing Permanent Index Number 14-21-301004; thence southeast along the northeast line of said paircel of property bearing
Permanent Index Number 14-21-301 -004 to the southeast corner thereof; thence
southwest along the southeast line of said parcel of property bearing Permanent
Index Number 14-21-301-004 to the northeast comer ofthe parcel of property
bearing Permanent Index Number 14-21-301-005; thence southeast along the
northeast line of said parcel of property bearing Permanent Index Number 14-21 301-005 to the north Une of Cornelia Avenue; thence west along the north line
of Comelia Avenue to the east line of Broadway; thence south along the east line
of Broadway to the point of beginning; all in Cook County Illinois.
15076
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 2.
(To Ordinance)
Greater Lakeview East Special Service Area Number 8.
MELROSE
WOLFRAM
DIVERSEY
12/17/2003
REPORTS OF COMMITTEES
15077
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 1 of 6)
L«t. ^Si
ll
||4
b
1'
il4
r
Is
r
h
la
13
-003'
- 004
14
• 21 - 104
• 21 - 104
- 21 - 104
• 21 - 104
14
14
• 21
21
- 001
14
21
- 21
- 105
105
105
14
r
14
21
IIO
14
14
14
14
21
21
21
III
|l2
Il3
I|4
lis
16
31
32
33
34
35
36
37
.38
39
40
41
42
43
|44
145
46
47'
'
149
,50
lil
Ow^.
"
I53
006
- 007
EW
14
14
• 21 - 308
309
- 21
310
- 21
310
- 21
- 002
003
- 004
56
14
14
14
14
I57
14
58
14
006
007
Is9
|60
14
14
008
017
Ul
14
21
U2
14
63
|64
14
14
14
21
21
54
I55
OIB
- 020
. 030
311
- 056
21
312
- 002
21
21
312
313
- 020
033
21
313
313
- 036
- 037
313
- 038
313
313
039
14
14
14
14
21
21
21
21
21
017
018
019
021
73
14
14
14
14
14
14
14
21
21
21
21
21
21
21
107
108
108
108
109
109
022
018
I74
14
14
75
176
14
14
21
21
I77
I78
I79
14
14
14
21
21
28
OOI
80
14
14
14
14
14
21
21
301
301
004
005
81
301
301
302
14
14
14
14
302
302
302
304
022
14
14
14
14
14
14
14
14
21
21
21
21
21
21
21
21
21
21
21
304
304
304
304
019
030
016
020
020
1
1
1
1
1
021
1
024
025
012
024
025
029
032
- OOI
001
. 017
. 016
. 034
14
308
- 308
- 308
053
054
- 055
1
"
Us
169
ho
003
305
306
- 306
• 307
- 307
21
- 21
. 21
166
021
001
009
14
14
21
14 - 21
14 . 21
14 - 21
14
14
Us
031
032
1
1
1
1
r72'
82
83
84
85
86
87
88
89
14
14
14
14
14
14
14
14
14
14
14
. 091
- 052
• OOI
311
- 21
21
107
107
107
107
107
14
14
14
21
29
30
105
105
^
105
105
105
105
107
n
22
23
24
25
26
27
105
105
105
r
21
21
21
21
21
21
14
14
14
18
"
p21
105
1
21
313
313
313
041
043
044
045
21
313
046
21
21
313
047
049
21
21
21
21
21
21
21
313
313
313
313
313
313
314
314
314
051
053
066
068
069
- 001
004
100
023
- OOI
28
100
002
21
28
100
100
003
004
21
100
100
005
006
100
008
Oil
28
28
28
28
28
28
28
28
100
100
100
90
91
U
14
14
92
93
.94
14
14
14
!95
196
14
28
28
28
28
97
14
14
2«
28
100
100
98
99
100
14 - 28
14
28
14
28
. 100
. 100
101
100.
100
100
100
100
100
100
012
013
015
037
037
037
1001
1002
1003 1
037
1004 1
037
037
037
1005 1
037
1008 1
1009 1
037
037
001
1006
1007
1010
15078
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 2 of 6)
1
EM
\io\
102
103
104
105
106
107
108
109
110
111
112
113
114
IIS
116
117
118
119
120
121
14
14
28
28
||4
14
• 28
14
14
14
14
14
14
14
14
14
28
28
28
28
14
14
I2S
126
14
101
101
101
029
101
101
101
28
28
28
28
28
28
28
101
101
28
28
101
101
102
28
28
28
28
28
28
28
14
14
14
.
101
101
101
101
101
101
101
101
101
101
28
28
28
14
14
14
14
14
128
129
28
14
14
14
14
122
123
124
127
|ONM.
102
102
102
104
104
104
104
009 1
"^ 14
•
a
. 012
||52
jl53
14
14
14
-
- 028
030
031
033
035
035
035
035
035
035
038
038
038
039
039
039
.039
154
Il56
157
1001
Il38
1002
|l59
1003
1160
1004
Il61
Il62
1005
1006
||63
1001
|l64
1002
I6S
166
167
1003
1001
1002
1003
1004
001
007
Il71
0O8
Il73
013
OOI
002
003
14
130
14
28
131
132
14
14
28
28
i133
14
28
104
079
134
14
14
28
081
28
104
104
183
1>4
082
185
28
28
104
104
083
084
186
137
14
14
187.
138
14
28
104
139
14
14
28
28
104
105
105
085
087
188
189
001
190
[136
140
141
142
143
144
145
146
147
14
14
14
28
28
14
14
||S0
14
076
077
|l80
104
078
IS2
105
002
023
llSI
191
001
107
107
107
107
002
003
026
027
107
059
061
28
28
28
28
.
108
IIO
110
110
IIO
110
28
28
28
110
IIO
IIO
110
IIO
14
14
14
28
28
IIO
IIO
28
14
14
28
28
14
14
28
no
no
no
no
no
no
no
nc
no
no
no
no
no
no
28
28
14
14
28
14
28
14
28
OOI
195
14
28
28
28
28
28
106
106
106
002
14
28
003
004
196
197
14
28
|198
14
28
- 28
106
106
005
006
199
14
I2OO
14
.
28
28
28
OIS
015
017
017
017
017
017
IIO
IIO
IIO
IIO
110
110
28
28
28
28
28
14
14
001
002
003
004
108
108
28
28
28
14
14
14
14
079
080
107
108
108
28
28
28
28
28
28
28
28
28
048
049
•
107
107
28
28
28
28
105
105
106
28
28
14
14
149
104
104
179
107
192
193
194
14
14
148
104
- 014
28
28
14
14
14
14
174
178
- 013
14
14
14
14
14
175
176
177
055
056
106
- 106
14
14
172
007
28
14
14
14
14
14
14
14
14
168
169
170
- 106
- 28
14
14
14
14
||S5
28
28
Il35
J
PIS
• SI
-
no
1002
1003
1004
1005
017
1006
on
1007
017
017
017
017
017
017
1008
017
1014
017
017
017
017
1015 1
017
1019
017
1020
017
1021
017
017
1022
1009
1010
1011
1012
1013
1016
1017
1018
1
017
017
1023
1024
1025
1026
1027
1028
1029
017
1030 1
017
017
1031
017
017
017
017
.
1001
1
1
1
1
1
1
1
1032 1
12/17/2003
REPORTS OF COMMITTEES
15079
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 3 of 6)
i
1
loMit.
HH>
1
boi
14
28
i|4 ' - 28
14
'21
302
203
204
bos
14
14
I206
,14
I207
14
14
14
I208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
I235
236
237
238
239
• 28 J - IIO
28
IIO
28
IIO
017
017
017
no
017
017
017
017
017
28
14
28
14
14
14
14
14
14
14
14
28
28
14
14
14
14
14
14
14
14
242
14
14
14
14
240
241
- IIO
14
14
14
14
14
14
14
28
110
28
28
no
no
28
28
28
110
28
28
28
28
28
28
28
28
28
28
28
14
M
14
28
28
28
1246
I247
14
28
14
14
28
14
28
- 28
1 14
110
28
28
28
28
28
28
28
28
243
249
250
110
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
28
2B
28
'7+1
|245
1248
oii<
017
017
28
28
28
28
14
14
14
14
14
- IIO
IIO
28
no
no
no
no
no
no
no
no
no
no
no
no
no
no
III
111
111
in
017
017
017
017
017
017
017
017
017
017
017
017
017
017
017
017
017
017
on
017
017
017
017
017
017
017
017
017
017
017
017
017
001
004
022
044
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
104S
1046
1047
1048
1049
1050
lOSl
1052
1053
1044
1055
1056
1057
I0S8
1059
1060
1061
1062
1063
1064
ll.'
|0M8tt,
IBW
bsi
\\4
14
- 21
- 28
.
Ill
Ill
14
14
14
14
14
. 28
- 28
-
Ill
-
Ill
Ill
1232
I2S3
I254
hss
1256
1257
14
1258
J259
I26O
14
14
14
14
1261
I262
I263
- 28
- 28
- 28
- 28
28
28
28
- Ill
• 111
-
Ill
Ml
111
111
28
28
111 .
112
264
26S
28
28
112
114
266
267
28
28
28
114
114
14
I268
269
270
I271
272
1273
274
28
28
28
28
28
28
275
276
277
114
114
114
- 050
- 053
- 0S6
•
.
056
036
036
056
. 036
- 056
- 056
- 056
- 036
OIS
016
017
28
114
28
114
018
019
1278
I279
28
28
28
114
114
114
059
064
210
28
114
114
114
28
1068
1069
286
28
28
28
28
28
1070
1071
1072
1073
1074
288
289
290
1075
287
28
28
291
28
28
28
292
28
293
294
28
28
28
295
296
297
111
111
045
046
298
299
111
- 047
I3OO
115
lis
115
064
064
064
002
024
-026
041
- 042
lis
lis
• 043
. 044
045
046
lis
lis
- lis
115
. 116
116
. 116
28
- 116
. 116
- 117
28
28
020
115
28
28
1
lis
119
- 1009
- 1010
OII
114
114
114
282
213
214
285
- 1008
009
008
009
OIO
012
013
014
281
- lOOS
- 1006
- 1007
- 001
114
1065
1066
1067
- 1001
- 1002
- 1003
- 1004
. 048
0S9
. OOI
OIO
018
. 019
031
028
- OOI
• 1001
- 1002
- 1003
- 1004
1
1
15080
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 4 of 6)
i
em
1 .•
o«t. EM,
301
14
14
14
14
302
303
304
30S
306
307
14
14
14
14
14
308
309
310
311
312
313
314
.
313
•'
316
317
318
319
320
321
322
323
324
323
326
327
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
119
119
002,
119
119
119
119
013
014
Oli
119
119
on
353
356
357
018
019
024
338
359
360
025
031
03:
033
034
361
119
119
119
119
119
119
119
119
119
119
119
28
28
28
28
28
119
28
28
119
119
119
119
119
119
119
016
330
331
14
14
28
120
120
28
120
OIS
332
14
28
120
333
334
14
14
14
28
28
120
019
020
021
337
338
339
340
341
14
14
14
14
14
14
002
003
030
120
28
120
120
120
120
033
037
120
14
14
14
28
28
28
120
120
345
346
347
14
14
14
28
28
28
120
120
120
348
14
28
120
349
350
14
14
28
120
120
28
382
383
384
383
386
029
120
342
343
344
378
379
380
381
017
28
28
28
28
28
372
373
374
375
376
377
045
046
28
28
28
370
371
043
044
28
333
336
368
369
042
14
120
120
365
366
367
038
039
040
041
14
120
362
363
364
035
036
037
328
329
14
351
352
333
354
008
038
039
039
387
388
389
1001
1002
039
039
1004
039
039
1006
1003
1005
390
391
392
393
394
14
14
14
14
14
14
.
120
. 039
.
.
120
. 039
- 1013
- 120
. 039
-
1014
- 120
- 039
-
1015
1016
.
14
14
.
.
14
14
14
14
14
.
14
14
14
14
14
14
14
14
14
. 039
.
. 039
- ion
120
. 039
.
039
1019
. 039
102O
120
041
120
120
120
121
121
121
121
042
043
0A4
. 040
001
002
004
005
006
003
019
DOB
009
OIO
123
123
123
14
14
14
on
12.1
14
14
14
12!
123
123
123
14
14
123
14
14
I2J
123
123
123
28
14
1'
14
28
14
14
28
14
28
14
14
28
28
14
14
14
28
28
28
012
013
016
016
016
1001
016
1004
016
016
1005
016
016
1002
1003
1006
1007
lOOB
016
016
016
ION
016
. 1012
123
123
016
1013
016
1014
123
016
1015
.
016
016
1016
•
1018
1020
123
123
123
.
1018
120
120
120
122
123
123
14
14
(4
120
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1019
15081
REPORTS OF COMMITTEES
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 5 of 6)
1
OMOt^ .
401
402
403
404
405
i406
[407
|408
|409
410
411
412
413
414
415
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421
422
423
424
425
426
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428
429
430
431
432
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434
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438
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440
441
442
443
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28
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28
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477
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478
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479
1053
480
411
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205
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1063
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.
100; 1
JOURNAL-CITY COUNCIL-CHICAGO
15082
,. 1 2 / 1 7 / 2 0 0 3
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 6 of 6)
OMIt,
501
502
403
504
303
306
307
508
509
510
511
512
513
514
515
516
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583
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538
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341
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543
544
543
578
579
580
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12/17/2003
'
REPORTS OF COMMITTEES
15083
Exhibit 4.
(To Ordinance)
Agreement For Special Service Area Number 8
Between
The City Of Chicago
(Represented By The Special Service Area Commission)
And
Lake View East Chamber Of Commerce
Effective January 1, 2004 Through December 31, 2005.
This Agreement for the hianagement of Special Service Area Number 8 is entered into by
and between the Lake View East Chamber of Commerce, an Illinois not-for-profit corporation
("Contractor"), and the City ofChicago ("City"), a municipal corporation and home rule unit oflocal
govemment existing under the Constitution ofthe State oflllinois, 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) ofthe Constitution ofthe State oflllinois, and pursuantto the provisions ofthe 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 8" ("Area"), to provide
special services in addition to those services provided generally by the City ("Special Services"). The
City Council has fiirther authorized the levy of an annual ad valorem reai property tax in the Area
sufficient to produce revenues required to provide those Special Services but not to exceed 0.41 %
ofthe equalized assessed value ofall property within the Area ("Service Tax"), all as provided in the
Establishment Ordinance (hereinafter defined); and
WHEREAS, the City Council on
, 2003 authorized the levy ofthe Service Tax
and appropriation ofthe funds therefrom for the Area for fiscal year 2004 for the provision ofthe
Special Services in the Area; and the City wishes to provide that the Contractor, beginning on
January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the
Services, subject lo the terms and conditions ofthis 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 ofthe City;
NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement,
the City and the Contractor agree as follows:
15084
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
ARTICLE! INCORPORATION OF RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
ARTICLE 2 DEFINITIONS
The following words and phrases shall have the following meanings for purposes ofthis
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.
I
"Commissioner" means the Commissioner ofthe Department of Plarming and Development
or his duly authorized representative.
"Construction" means landscaping, building activities, including but not limited to, physical
building improvements, installations, and otherfixedworks, but does not include pre-development
work (design and preparation of specifications).
"Days" means business days in accordance with the City ofChicago business calendar.
"Department" means the City ofChicago Department of Planning and Development.
"Establishment Ordinance" means, the ordinance enacted by City Council on
•
, 2003 and any subsequent amendments thereto authorizing imposition of
the Service Tax and setting forth the Special Services to be provided in the Area.
"Risk Management Division" means the Risk Management Division ofthe Department of
Finance which is under the direction ofthe Comptroller ofthe 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 and Private Security Act of 1993, 225 ILCS 446/1 et seq.. and
whose employees are licensed by the State oflllinois.
"Services" means, collectively, the services, duties and responsibilities described in Article
3 and Exhibit 1 (Scope of Services) ofthis Agreement and any revisions thereof and any and all
work necessary to complete them or carry them out fiilly and to the standard of performance required
in this Agreement.
"Service Tax Funds" means the amount actually collected pursuant to the Service Tax.
12/17/2003
REPORTS OF COMMITTEES
"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
ofthe Special Services in the Area.
"Subcontractor" means any person or entity with whom Contractor contracts to provide any
part ofthe Services, including subcontractors ofany tier, subconsultants ofany tier, suppliers and
materialmen, whether or not in privity with the Contractor.
"Surplus 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 eamed thereon.
ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR
3.01 Scope of Services
The Services which the Contractor shall provide during the first year of this Agreement
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 herein. The SSAC reserves the right to
require the Contractor to perform revised services which are within the general scope of services of
this Agreement and ofthe Special Services identified in the Establishment Ordinance subject to the
same terms and conditions herein. Revised services shall be limited to changes or revisions to the
line items in the Budget, shall not affect the maximum compensation, and shall 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 2 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.
Prior to the second year ofthis Agreement, and no later than the deadline established by the
Department, the SSAC, in consultation with the Contractor, must prepare and submit to the
Department a proposed Budget and Scope of Services for that year, comprised of services authorized
in the Establishment Ordinance, for the approval ofthe Commissioner. Ifthe parties agree on the
Scope of Services and the Budget for that year, this Agreement will be amended to include such
budget and scope of services. If the parties do not agree and an amendment is not executed, this
Agreement will terminate at the end of the first year of this Agreement.
3.02 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 iand magnitude
comparable with the nature of the Services to be provided hereunder. The Contractor shall at all
times use its best efforts on behalf of the City to assure timely and satisfactory rendering and
completion of its Services.
15085
15086
JOURNAL-CITY COUNCIL-CHICAGO
The Contractor shall at all times act in the best interests of
professional obligations assumed by it in entering into this Agreement.
all Services in accordance with the terms and conditions of this
satisfaction ofthe SSAC. The Contractor agrees to fumish efficient
supervision to render and complete the Services at reasonable cost.
12/17/2003
the City consistent with the
The Contractor shall perfonn
Agreement and to the full
business administration and
The Contractor shall assure that all Services which require the exercise of professional skills
or judgment shall be accomplished by professionals qualified and competent in the applicable
discipline and appropriately licensed, if required by law. The Contractor shall remain responsible
for the professional and technical accuracy ofall Services provided, whether by the Contractor or
its Subcontractors or others on its behalf
Ifthe 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 ofsuch failure. Any review, approval, acceptance or payment for any or
all ofthe Services by the City shall not relieve the Contractor ofits 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
A. Key Personnel
The Contractor shall, immediately upon receiving a fiilly executed copy ofthis Agreement,
assign and maintain during the term ofthis Agreement and any extension thereof an adequate staff
of competent personnel which is fially equipped, licensed as appropriate, available as needed,
qualified and assigned to perform the Services. Salaries and wages due ofall employees ofthe
Contractor performing Services under this Agreement shall be paid 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.
B. Prevailing Wages
If the Contractor engages in Constmction, it shall comply, and shall cause all of its
Subcontractors to comply by inserting appropriate provisions in their contracts, with 820 ILCS
130/10.01 etseq. regarding the payment ofthe 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 Constmction work. The prevailing rates of wages applicable at the time
of execution ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated
by reference as though fully set forth herein.
12/17/2003
REPORTS OF COMMITTEES
C. Illinois Workers, Veterans' Preference and Steel Products
If the Contractor engages in Constmction, it shall comply, and shall cause all of its
Subcontractors to comply by inserting appropriate provisions in their contracts, with the Employment
oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq.. the Veterans Preference Act, 330
ILCS 55/0.01 et seq.. and the Steel Products Procurement Act, 35 ILCS 30/565/1 et seq.
3.04 Nondiscrimination
A.
Federal Requirements
It shall be an unlawful employment practice for the Contractor (1) to fail or refiise to hire or
to discharge any individual, or otherwise to discriminate against any individual with respect
to his compensation or the terms, conditions, or privileges of his employment because of
such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit,
segregate, or classify its employees or applicants for employment in any way which would
deprive or tend to deprive any individual of employment opportunities or otherwise adversely
affect his status as an employee, because ofsuch individual's race, color, religion, sex, age,
handicap or national origin.
The Contracior shall comply with the Civil Rights Act of 1964,42 U.S.C. § 2000 etseq.. as
amended. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319 (1965),
reprinted in 42 U.S.C. § 2000(e) note, as amended by Exec. Order No. 11,375, 32 Fed. Reg.
14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age
Discrimination Act, 42 U.S.C. §§6101-06; Rehabilitation Act of 1973,29 U.S.C. §§793-94;
Americans with Disabilities Act of 1990,42 U.S.C. § 12101 et seq.. and 41 C.F.R. Part 60
et seq.
B.
State Requirements
Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the
Equal Employment Opportunity Clause, III. Admin. Code tit. 5, §750 Appendix A and the
Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. as amended.
C.
Citv Requirements
Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 etseq.. as
amended, ofthe Municipal Code ofChicago.
3.05 Insurance
The Contractor 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
15087
15088
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
required in the reasonable judgement ofthe Risk Management Division. Ifthe Contractor enters into
a subcontract with a Security Firm such Security Firm shall comply with the insurance provisions
attached hereto as Exhibit 5 and incorporated by reference as if fiilly set forth herein, or such other
insurance provisions as may be required in the reasonable judgement 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 4.
The Risk Management Division may waive or reduce any ofthe insurance requirements set
forth herein. In addition, the Risk Management Division will review each new Scope of Services
which the SSAC, in consultation with the Contractor, prepares armually during the term of this
Agreement pursuant to Section 3,.01 and may, if wishes, revise the insurance required herein.
3.06 Indemnification
A.
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 Indemnities from and against such Losses, regardless of whether
Contractor challenges the City's belief The defense, indemnification and hold harmless obligations
ofthe Contractor toward City Indenmities 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.
B.
For purposes ofthis Section 3.06,
"City Indemnities" means, individually and collectively, the City ofChicago, 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, reasonable
attorneys' fees, court costs, and experts' fees, arising by reason of injury or death ofany person,
damage to property, patent or copyright infringement.
"Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii)
arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis 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, subconsultants, licensees, or invitees), any breach by any of them ofany 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 ofany of the foregoing.
C.
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
12/17/2003
REPORTS OF COMMITTEES
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.
D.
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 indemnities contained in this provision
survive the expiration or termination ofthis 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 and any Subcontractors shall fiimish the SSAC with semi-annual reports or
provide such information as may be requested relative to the performance and cost ofthe Services.
The Contractor shall maintain records showing actual time devoted and costs incurred. The
Contractor shall keep books, documents, paper, records and accounts in cormection 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
govemmental agency at reasonable times during the perfonnance of its Services. 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
vdth 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 cormection 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 ofthe costs and expenses attributable to any such shared usages.
The Contractor shall provide an annual audited financial statement to the Department and
the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting
shall be in accordance with generally accepted accounting principles and practices, consistently
applied throughout. 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 which the City would have had in the absence ofsuch provisions. The City may in its
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sole discretion audit the records of Contractor or its Subcontractors, or both, at any time during the
term ofthis 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 ofsuch an audit, it is determined that Contractor or any
ofits 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 ofthe cost ofthe audit, as follows:
A.
Ifthe 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;
B.
If, however, the audit has revealed overcharges to the City
representing 5% or more ofthe total value, based on the Agreement
prices, ofthe goods, work, or services provided in the audited period,
then Contractor must reimburse the City for the fiill cost ofthe audit
and of each subsequent audit.
Failure of Contractor to reimburse the City in accordance with Section A or B above is an
event of default under Section 7.01 ofthis Agreement, and Contractor will be liable for all ofthe
City's costs of collection, including any court costs and attomeys' fees."
3.08 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 ofthe SSAC. The absence ofsuch 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 shall be, regardless of their form, deemed conditioned upon performance by the
Subcontractor or assignee in accordance with the terms and conditions ofthis Agreement.
Ifthe Contractor subcontracts for security services, the Subcontractor shall be a Security Firm
certified by the State oflllinois 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 fumish the
SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly
reserves the right to approve all Security Firm subcontracts.
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3.09 License, Permits and Safety Considerations
A. Licenses and Permits
Ifthe Contractor engages in Constmction, it shall be 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 Constmction under this
Agreement.
B. Safety Considerations
Ifthe Contractor engages in Constmction, 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 Constmction. 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.
Ifthe Contractor engages in Constmction, 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
or the property of third parties due, in whole or in part, to the Contractor's Constmction activities
under this Agreement, and the Contractor shall remedy such damage to a reasonably acceptable
standard.
3.10 Performance Bond
Ifthe Contractor engages in Constmction 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 Constmction 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 7 hereto, which is incorporated by reference as if
fiilly set forth herein.
If any of the sureties on such bond at any time fail financially, or are deemed to be
insufficient security for the penalty ofthe bond, then the City may, on giving 10 days notice thereof
in writing, require the Contractor to fiimish 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 1,2004 ("Effective Date") and shall continue
through December 31, 2005, or until the Agreement is terminated earlier in accordance with its
terms.
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ARTICLES COMPENSATION
5.01 Basis of Payment
The maximum compensation that the Contractor may be paid under this Agreement between
January 1,2004 and December 31,2004 is the sum of (a) $599,000.00 or the total amount of Service
Tax Funds actually collected for tax year 2003, whichever is less; and (b) the total amount of Surplus
Funds in the amount of $15,000.00 which are being canied over from previous program years and
which the Contractor hereby acknowledges are in its possession.
For the second year ofthis Agreement, the maximum compensation that the Contractor may
be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section
5.02 and 8.03, or the amount of Service Tax fiinds actually collected for the preceding tax year, •
whichever is less; provided that the maximum amount of compensation for such year of this
Agreement may also include the amount of Service Tax Funds collected for prior tax years which
remain previously unspent.
The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The
Contractor shall reimburse its Subcontractors for Services satisfactorily performed pursuant to the
Budget.
5.02 Budget for Services
1
The Contractor in conjunction with the SSAC has prepared a Budget for the first year ofthis
Agreement, attached hereto as Exhibit 2 and incorporated by reference as if fully set forth herein,
covering all services described in the Scope of Services. The SSAC reserves the right to transfer
fiinds between line items or make Budget revisions which do not affect the maximum compensation
set forth in Section 5.01. The SSAC shall revise the Budget ifany part ofthe Contractor's Services
is terminated.
For the second year ofthis Agreement, and subject to the provisions of Section 3.01, a
Budget for that year shall be incorporated into this Agreement by written amendment pursuant to
Section 8.03.
5.03 Method of Payment
The Contractor shall establish a separate checking account ("Account") in a bank authorized
to do business in the State oflllinois 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 SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM
OTHER SOURCES. 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
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SSAC reserves the right to audit the account and require the Contractor to refund any ftinds which
were not spent pursuant to the Budget or which were not approved by the SSAC. The name and
address ofthe bank is
and the wire transfer and the Account
numbers are
.
All fiinds remaining in the Account at the expiration or early termination ofthis Agreement,
including any interest eamed. belong to the City for the benefit ofthe Area and shall be retumed to
the City to be used only for Special Services.
'
5.04 Criteria for Payment
The SSAC, in ils sole discretion, shall determine the reasonableness, allocability and
allowability ofany rates, costs and expenses charged or incuned by the Contractor.
5.05 Funding
Payments under this Agreement shall be made from Service Tax Funds in ftind number
and are subject to the availability of fiinds therein.
5.06 Non-Appropriation
In the event that no funds or insufficient funds are appropriated and budgeted in any Cily
fiscal period for payments to be made under this Agreement, then the City will notify the Contractor
of such occunence 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 underthis
Agreement beyond those amounts appropriated and budgeted by the City to fiind payments
hereunder.
ARTICLE 6 SPECIAL CONDITIONS
6.01 Warranties and Representations
In connection with the execution ofthis Agreement, the Contractor warrants and represents:
A.
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; and
B.
That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose
in the performance of the Services; and
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C.
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 ofthis Agreement, been found to be in default on any contract awarded by the City;
and
D.
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 ofChicago, 720 ILCS 5/33E-1 etseq. ofthe
Criminal Code of 1961, and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and
E.
That it shall be the duty ofthe Contractor, all Subcontractors and their respective officers,
directors, agents, partners, and employees to cooperate with the Inspector General in any
investigation or hearing undertaken pursuant to Chapter 2-56 of the Municipal Code of
Chicago; that it understands and will abide by all provisions of Chapter 2-56 of the
Municipal Code of Chicago and all subcontracts shall inform Subcontractors of such
provision and require understanding and compliance therewith; and
F.
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 ofany kind whatsoever, by the City, its officials, agents, or employees, has
induced the Contractor to enter into this Agreement; and
G.
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.
6.02 Economic Disclosure Statement and Affidavit
The Contractor has provided the City with an Economic Disclosure Statement, which is
attached hereto as Exhibit 3 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.
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.
6.03 Conflict oflnterest
Pursuant to Chapter 2-156 ofthe Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no
member ofthe goveming body ofthe City or other unit of govemment, no other officer, employee,
SSAC member, or agent ofthe City or other unit of govemment who exercises any functions or
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responsibilities in cormection with the Services to which this Agreement or any related subcontract
pertain, and no relative ofany 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, 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 ofthe City or City employee shall be admitted to any share or part ofthis
Agreement or to any fmancial 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 ofeach ofits members if a joint venture, and Subcontractors presently have
no financial interest and shall acquire no interest, direct or indirect, in the Services imdertaken by
the Contractor pursuant to the Agreement which would conflict in any maimer or degree with the
performance of the Services. The Contractor fiirther covenants that in the performance of this
Agreement no person having any such interest shall be employed. The Contractor agrees that ifthe
Commissioner in his reasonable judgment determines that any ofthe 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.
6.04 Non-liability of Public OfTicials
No official, employee or agent ofthe City shall be charged personally by the Contractor, or
by any assignee or Subcontractor ofthe 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 ofany breach hereof
6.05 Independent Contractor
The Contractor shall f)erform under this Agreement as an independent contractor to the City
and not as a representative, employee, agent, or partner of the City.
6.06 Business Relationships with Elected Officials
Pursuantto Section 2-156-030(b) ofthe Municipal Code ofthe City ofChicago, it is illegal
for any elected official ofthe City, or any person acting at the direction ofsuch 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 a business relationship, or to participate in any
discussion in any City Council committee hearing or in any City Council meeting or to vote on any
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matter involving the person with whom an elected official has a business relationship. Violation
ofSection 2-156-030(b) by any elected offlcial with respect to this Agreement is grounds for
termination of this Agreement. The term business relationship is defined as set forth in Section
2-156-080 ofthe Municipal Code ofChicago.
Section 2-156-080 defines a "business relationship" as any contractual or other private
business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her
spouse has a financial interest, with a person or entity which entitles an official to compensation or
payment in the amoimt of $2,500 or more in a calendar year; provided, however, a financial interest
shall not include: (i) any ownership through purchase at fair market value or inheritance of less than
one percent of the share of a corporation, or any corporate subsidiary, parent or affiliate thereof,
regardless ofthe value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended; (ii) the authorized
compensation paid to an officizil or employee for his office or employment; (iii) any economic
benefit provided equally to all residents ofthe City; (iv) a time or demand deposit in a financial
institution; or (v) an endowment or insurance policy or aimuity contract purchased from an insurance
company. A "contractual or other private business dealing" shall not include any employment
relationship ofan official's spouse with an entity when such spouse has no discretion conceming or
input relating to the relationship between that entity and the City.
6.07 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, tustodial workers and clerical workers ("Covered Employees").
Accordingly, pursuant to Section 2-92-610 and regulations promulgated under it:
(i)
IfContractor has 25 or more full-time employees, and
(ii)
If at any time during the performance of this Agreement, Contractor
and/or any Subcontractor or any other entity that provides any portion ofthe Services
(collectively "Performing Parties") uses 25 or more fiill-time security guards, or any
number of other fiill-time Covered Employees, then
(iii)
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.
(b)
Contractor's obligation to pay, and to assure payment of, the Base Wage will
begin at any time during the term ofthis Agreement when the conditions set forth in (a)(i) and (a)(ii)
above are met, and will continue until the end ofthe term ofthis Agreement.
(c)
As of July 1,2003, the Base Wage became $9.20, and each July 1 thereafter, the
Base Wage will be adjusted, using the most recent federal poverty guidelines for a family of four as
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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 cunent base
wage, whichever is higher. At all times during the term ofthis 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.
(d)
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 demonsU-ating 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 fiirther, failure to
comply may result in ineligibility for any award ofa City contract or subcontract for up to 3 years.
(e)
Not-for-Profit Corporations: IfContractor is a corporation having federal
tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under
Illinois not-for-profit law, then the provisions of Sections (a) through (d) above do not apply.
6.08
Deemed Inclusion
Provisions required by jaw, ordinances, mles, 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.
ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT
TO OFFSET, SUSPENSION
7.01 Events of Default Defined
The following shall constitute events of default:
A. Any material misrepresentation, whether negligent or willful and whether in the inducement or
in the performance, made by Contractor to the City.
B. Contractor's material failure to perform any of its obligations under the Agreement including, but
not limited to, the following:
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(1) failure to conunence or ensure timely completion of the Services due to a reason or
circumstance within Contractor's reasonable control;
(2) failure to perform the Services in a manner satisfactory to the City;
(3) failure to promptly re-perfomi within a reasonable time Services that were rejected as
enoneous or unsatisfactory;
(4) discontinuance ofthe Services for reasons within the Contractor's reasonable control;
(5) failure to comply with a material term ofthis Agreement, including but not limited to the
provisions conceming insurance and nondiscrimination; and
(6) 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 ofthis Agreement. The Contractor acknowledges and agrees that in the
event ofa default under this Agreement the City may also declare a default under any such other
agreements.
7.02 Remedies
The occurrence ofany event of default which the Contractor fails to cure within 30 calendar days
after receipt of notice specifying such default or which, if such event of default cannot reasonably
be cured within 30 calendar days after notice, the Contractor fails, in the sole opinion of the
Commissioner, to commence and continue diligent efforts to cure, shall permit the City to declare
the Contractor in default. Whether to declare the Contractor in default is within the sole discretion
ofthe Commissioner. Written notification ofthe default, and any intention ofthe City to terminate
the Agreement, shall be provided to Contractor and such decision shall be final and effective upon
Contractor's receipt ofsuch notice. Upon receipt ofsuch notice, the Contractor must discontinue any
services, unless otherwise directed in the notice, and deliver all materials accumulated in the
performance ofthis 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 iimited
to, the following:
A. The right to take over and complete the Services or any part thereof as agent for and at the cost
ofthe Contractor, either directly or through others. The Contt-actor 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.
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B. 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.
C. The right of specific performance, an injunction or any other appropriate equitable remedy.
D. The right to money damages.
E. The right to withhold all or any part of Contractor's compensation hereunder.
F. The right to deem Contractor non-responsible in fiiture contracts to be awarded by the City.
Ifthe 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 ofthe City and
that ifthe City permits the Contractor to continue to provide the Services despite one or more events
of default, the Contractor shall in no way be relieved of any of its responsibilities, duties or
obligations under this Agreement nor shall the City waive or relinquish any ofits rights. No delay
or omission to exercise any right accming upon any event of default shall impair any such right nor
shall it be constmed as a waiver ofany event of default or acquiescence therein, and every such right
may be exercised from time to time and as 6ften as may be deemed expedient.
7.03 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.
'7.04 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 incuned after the effective date ofsuch 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 incuned by
the Contractor as a result of recommencing the Services.
7.05 No Damages for Delay
The Contractor agrees that it, its members, ifa 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.
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7.06 Termination for Convenience
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
Commissioner by a written notice to the Contractor. Ifthe City elects to terminate the Agreement
in fiill, 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 incuned after the effective date of the termination shall be
allowed. Payment for any Services actually and satisfactorily performed before the effective date
ofthe termination shall be on the same basis as set forth in Article 5 hereof, but ifany compensation
is described or provided for on the basis ofa 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 wrongfiil, then such termination shall be deemed to be an early
termination.
ARTICLE 8 GENERAL CONDITIONS
8.01 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.
8.02 Counterparts
This Agreement is comprised of several identical counterparts, each to be fiilly executed by the
parties and each to be deemed an original having identical legal effect.
8.03 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.
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8.04 Compliance with All Laws
The Contractor shall at all times observe and comply with all applicable laws, ordinances, mles,
regulations and executive orders of the federal, state and local govemment, now existing or
hereinafter in effect, which may in any manner affect the performance ofthis Agreement. Provisions
required by law, ordinances, mles, regulations, or executive orders to be inserted shall be deemed
inserted whether or not they appear in this Agreement or, upon application by either party, this
Agreement shall forthwith be amended to literally make such insertion; however, in no event shall
the failure to insert such provisions prevent the enforcement ofthis Agreement.
8.05 Compliance with ADA and Other Accessibility Laws
If this Agreement involves services to the public, the Contractor wanants 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 constmction and/or Constmction, the Contractor warrants
that all design documents produced and/or used under this Agreement shal! comply with all federal,
state and local laws and regulations regarding accessibility standards for persons with disabilities or
enviroimientally limited persons including, but not limited to, the following: Americans wdth
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 III. 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. Ifthe 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.
8.06 Assigns
All ofthe terms and conditions ofthis Agreement shall be binding upon and inure to the benefit
ofthe parties hereto and their respective legal representatives, successors, transferees and assigns.
8.07 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
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effort to assure an orderly transition to another provider of the Services, if any, orderly
demobilization ofits operations in connection with the Services, unintermpted provision of Services
during any transition period and shall otherwise comply with reasonable requests ofthe Department
in cormection with this Agreement's termination or expiration.
8.08 Severability
Ifany provision ofthis 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 ofany constitution, statute, ordinance, mle 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 any one or more
phrases, sentences, clauses or sections herein shall not effect the remaining portions of this
Agreement or any part thereof
8.09 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 conelative words ofthe 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 ofsuch persons or entities in
accordance with the terms and conditions herein.
8.10 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, shall only apply to that particular instance and shall not be
deemed a waiver forever or for subsequent instances ofthe performance, requirement or condition.
No waiver shall be constmed as a modification ofthe Agreement regardless ofthe number of times
the City may have waived the performance, requirement or condition.
8.11 Disputes
Except as otherwise provided in this Agreement, the Contractor shall and the SSAC may bring
any dispute conceming a question of fact arising under this Agreement which is not otherwise
disposed of to the City's Chief Procurement Officer for decision based upon written submissions of
the parties. (A copy ofthe "Regulations ofthe Department of Procurement Services for Resolution
of Disputes between Contractors and the City ofChicago" is available in City Hall, 121 N. LaSalle
REPORTS OF COMMITTEES
12/17/2003
Street, Room 301, Bid and Bond Room.) The Chief Procurement Officer shall reduce his decision
to writing and fiimish a copy of it to the Contractor and the SSAC. Such decision final and binding.
8,12 Contractor Affidavit
The Contractor must provide to the City, no later than thirty days after the end of each year, a
fiilly executed and notarized Affidavit certifying the expenditures for the prior year. The form ofthis
affidavit is attached as Exhibit 8 and incorporated by reference.
ARTICLE 9 NOTICES
Notices provided for herein shall be in writing and may be delivered personally or by United
States mail, first class, certified, retum receipt requested, with postage prepaid and addressed as
follows:
Ifto the City:
Special Service Area #8
3030 N. Broadway
Chicago, Illinois 60657-5316
Attention: Robert Ralis
Department of Planning and Development
CityHall, 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
Chicago, Illinois 60602
Attention: Corporation Counsel
Ifto Contractor:
Lake View East Chamber of Commerce
3030 N. Broadway
Chicago, Illinois 60657-5316
Attention: Maureen Martino
Changes in the.above-referenced addresses must be in writing and delivered in accordance with the
provisions ofthis 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.
15103
15104
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
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
CONTRACTOR
By:
Commissioner, Department of
Planning and Development
By:
Its:
Approved as to form and legality
Attested By:_
_____
Its:
Assistant Corporation Counsel
State of
County of
Swom to and acknowledged before me by
[name of signatory] as
[name of contracting party]
[title] of
this
day of
20
Signature of Notary
(Sub)Exhibits 1 , 2 , 3 , 4, 5, 6, 7 and 8 referred to in this Service Provider Agreement
for Special Service Area Number 8 read as follows:
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 1.
(To Service Provider Agreement For
Special Service Area Number 8)
2004 Scope Of Services
Lake View East Chamber Of Commerce
Special Service Area Number 8.
Advertising And Promotions
Neighborhood directory and guide
Giver's gift program
Networking workshops and seminars
Neighborhood holiday decorations
Business to business newsletter
Co-Op advertising
Events and promotions
Facade Incentive Program
Up to $6,000 rebate for approved facade improvements
100% subsidy for projecting sign removal
15105
15106
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
General Maintenance Including Cleaning Of Area
7 day a week maintenance crew
Snow removal program
Graffiti removal and light pole maintenance
Trash can maintenance
Beautification And Landscaping Services
Sidewalk fumiture maintenance and installation
Street banner maintenance
Sidewalk amenities maintenance
Kiosk and landscaping maintenance
Holiday decorations
Streetscape custom designs
Seasonal flower/tree planting
Business Development And Retention
Vacancy database management
Area marketing materials with demographics
Regular meetings with Retail Chicago conceming retail area promotion
initiative
12/17/2003
REPORTS OF COMMITTEES
15107
Technology
Technical assistance for operations
Upgrade systems/software and databases
Training
Workshops, seminars and training for merchants
Informational meetings for the community and prospective business
owners
Extended programs with third party organizations for training/ educational
purposes
Security outreach programs
Management Services
Overall administration of Special Service Area operations and programs
Coordination of Commissioner meetings
Budget development and monitoring
Parking/transit improvements
Area strategic planning
Enhanced land-use oversight and control initiatives
Program management and training
JOURNAL-CITY COUNCIL-CHICAGO
15108
12/17/2003
(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area Number 8)
Department Of Planning And Development
Proposed Special Service Area Budget.
(Page 1 of 2)
Special Service Area Name and Number:
Lake View East Special Service Area #8
Chairperson, Special Service Area: Robert Ralis Telephone: (Omitted for printing purposes)
Sole Service Provider: Lake View East Chamber of Commerce
Program Manager: Maureen Martino
Budget Period: From: January 1.2004
Item
Advertising & Promotion
(Includes Printing of Dirtctory)
Fapade Incentive Program
Telephone:<Omitted for printing purposes)
To: December 31.2004
Year 2003
Levy
$125,000
$80,000
Carry-over
Total 2004
Budget
$125,000
$80,000
$120,000
General Maintenance of Areaincludes street/sidewalk cleaning and
scavenger services, snow plowing
Landscaping Services-includes
$85,000
flower/tree planting service (Image
Development)
Business Development
$3,000
$120,000
Technology
$8,000
$8,000
Training and Workshops-Involving
Resident or Business Community
Participation (includes security
outreach programs during holidays)
Administrative Fee for
Managing SSA Program
$5,000
$5,000
$143,000
$143,000
$85,000
$3,000
12/17/2003
REPORTS OF COMMITTEES
15109
(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area Number 8)
Department Of Planning And Development
Proposed Special Service Area Budget.
(Page 2 of 2)
Item
Contingency Fund
for Uncollected Taxes
(5% of Budget-Recommended)
TOTAL
Carry-over
Vear 2003
Levy
$30,000
$15,000
Total 2004
Budget
$45,000
$599,000
$15,000
$614,000
Total Operating Budget;
Estimated Tax Levy Rate: , 7 y A (DPD use only, do not fill in)
This budget is approved by the
Designated SSA Service Provider
Executive Officer or President:
icecutive Officer, President Signature
Title
(Print Name) Officer
//• / - '^3
Date
1
15110
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 3.
(To Service Provider Agreement For
Special Service Area Number 8)
City Of Chicago
Economic Disclosure Statement And Affidavit.
The City of Chicago (the "City") requires disclosure of the information requested in this
Economic Disclosure Statement and Affidavit ("EDS") before any City agency, department or
City Council action regarding the matter that is the subject of this EDS. Please fully complete
each statement, with all information cun-ent as ofthe date this EDS is signed. If a question is
not applicable, answer with "N.A" An Incomplete EDS will be returned and any City
action will be interrupted.
Please print or type all responses clearly and legibly. Add additional pages if needed, being
careful to identify the portion of the EDS to which each additional page refers.
WHO MUST SUBMIT AN EDS:
1.
Applicants: Any individual orentity (the "Appllcanf) making an application tothe City
for action requiring City Council or other City agency approval must file this EDS.
2.
Entitles holding an Interest in the Applicant Generally, whenever an ownership
interest in the Applicant (for example, shares of stock ofthe Applicant or a limited partnership
Interest in the Applicant) is held or owned by a legal entity (for example, a corporation or
partnership, rather than an individual) each such legal entity must also file an EDS on its own
behalf, and any parent of that legal entity must do so until individual owners are disclosed.
However, ifan entity filing an EDS is a corporation whose shares are registered on a national
securities exchange pursuant to the Securities Exchange Act of 1934, only those shareholders
that own 10% or more of that filing entity's stock must file EDSs on their own behalf.
ACKNOWLEDGMENT OF POSSIBLE CREDIT AND OTHER CHECKS: By completing
and filing this EDS, the Undersigned acknowledges and agrees, on behalf of itself and the
entities or individuals named in this EDS, that the City may investigate the creditworthiness of
some or all of the entities or individuals named in this EDS.
12/17/2003
REPORTS OF COMMITTEES
15111
CERTIFYING THIS EDS: Execute the certification on the date of the initial submission ofthis
EDS. You may be asked to re-certify this EDS on tlie last page as of the date of
submission of any related ordinance to the City Council, or as of ttie date of the
closing of your transaction.
PUBLIC DISCLOSURE: it is the City's policy to make this document available to the
public on Its Internet site and/or upon request.
GENERAL INFORMATiON ,
Date this EDS is completed;
8\ii]ti3
A.
Who is submitting this EDS? That individual or entity will be the
"Undersigned" throughout this EDS. Lfi^<e.o\txD f A f ; r rM/twiflF<g QP Qoinirrz£cF
NOTE: The Undersigned is the individual or entity submitting this EDS, whether the
Undersigned is an Appiicant or Is an e ntity holding an interest in the Applicant. This
EDS requires certain disclosures and certifications from Applicants that are not
required from entities holding an interest In the Appiicant. When completing this EDS,
please observe whether the section you are completing applies only to Applicants.
(H^
Check here if the Undersigned is filing this EDS as an Applicant.
[]
Check here If the Undersigned is filing as an entity holding an interest in an
Applicant.
Also, please identify the Applicant in which this entity holds an interest:
B.
Business address ofthe Undersigned:
ijWe'^><a^ 6 t e t U I < ^ ( I J ^ cff (Jbimn^j'tot?
CV\tcAfrO,J^C
feo<tt5"7
C.
Telephone: (Omittedforprinting Fax: (Omitted for printing Email: / / r f o ^ P k^ t''g<t)ft?<;f .go
D.
Name of contact perspn:
E:
Tax Identification number (optional): (Omitted for printing purposes)
purposes)
purposes)
hVu;LV€^v^
T^Af'^mO
15112
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Brief description of contract, transaction or other undertaking (referred to below as
the "Matter") to which this EDS pertains. (Include project number and location if
applicable):
fe^f^
G.
H.
£i2s\)\ce.<^- Cc>tO»Ai3Lat
C^A^ «->^ V k y ^ \>\tu>
is the Matter a procurement? (] Yes
CV^yvwN^oaA. ca.
(two
If a procurement, Specification #.
Contract #
and
if not a procurement:
1. City Agency requesting E D S : ^ na >Jr<Y\evdh (V -^^vwvvro^ *<- ve^)4jo^»»«*^
2. CItyactipi
c3 V ^ ° ^ >^5"A:
If property involved, list property location:
SECTION ONE: DISCLOSURE OF OWNERSHIP INTERESTS
A.
NATURE OF ENTITY
1.
indicate whether the Undersigned is an individual or legal entity:
[] Limited Liability Company
[] Individual
[ j j o i n t venture
[] Business corporation
pfNot-foriJrofit corporation
[] Sole proprietorship
(Is the not-for-profit corporation also a 501(c)(3))?
(JYes
tjl^
[] General partnership
[ j Other entity (please specify)
[j Limited partnership
State ofincpcporatJODor organization, if applicable:
For legal entities not organized in the State of Illinois: Is the organization authorized to
do business in the State of Illinois as a foreign entity?
IlYes
[]No
tfM^
12/17/2003
B.
REPORTS OF COMMITTEES
15113
ORGANIZATION INFORMATION
1.
IF THE UNDERSIGNED IS A CORPORATION:
a.
List below the names and titles of all executive officers and all directors of the
corporation. For not-for-profit corporations, also list below any executive director of the
corporation, and indicate all members, if any, who are legal entities, if there are no such
members, write "no members."
Title
Name
^ e
a'ick>.rk(ipiJ AA^JJUft^uAj^ - . M n - y^AM \ie.n^L
LAKE VIEW EAST CHAMBER OF COMMERCE
EXECUTIVE BOARD
Ernestine Teste
Robert Smith
Felix QuIntllianI
Eric Lapinski
President
Vice President
Treasurer
Secretary
Maureen Martino
Executive Director
BOARD OF DIRECTORS
Jennifer Avila
Lou Gould
Jacqueline Gagen
Chris Ritter
Eric Webber
Heather Shinn
David Winner
Arie Spiczka
b(1). If the Matter is a procurement and the Undersigned is a corporation whose shares are
registered on a national securities exchange pursuant to the Securities Exchange Act of 1934,
please provide the following information concerning shareholders who own shares equal to or
in excess of 7.5% of the corporation's outstanding shares.
Business Address
Name
Percentage Interest
P\^
b(2). Ifthe Matteris not a procurement, and the Undersigned is a corporation whose shares
are registered on a national securities exchange pursuant to the Securities Exchange Act of
1934, please provide the following information concerning shareholders who own shares equal
to or in excess of 10% ofthe corporation's outstanding shares.
15114
JOURNAL-CITY COUNCIL-CHICAGO
Name
Business Address
12/17/2003
Percentage Interest
MM
c.
For corporations that are not registered on a national securities exchange pursuant to
the Securities Exchange Act of 1934, list below the name, business address and percentage
of ownership interest of each shareholder.
Name
Business Address
Percentage Interest
jm2.
IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE:
For general or limited partnerships or joint ventures: list below the name, business address
and percentage of ownership interest of each partner. For limited partnerships, indicate
whether each partner is a general partner or a limited partner.
Name
Business Address
Percentage Interest
A)jpr
3.
IF THE UNDERSIGNED IS A LIMITED LIABIUTY COMPANY:
a.
List below the name, business address and percentage of ownership interest of each
(i) member and (ii) manager. If there are no managers, write "no managers," and indicate how
the company is managed.
Name
Business Address
tM
Percentage Interest
12/17/2003
REPORTS OF COMMITTEES
15115
b.
List below the names and titles of all officers, if any. If there are no officers, write "no
officers."
Name
Title
4.
IF THE UNDERSIGNED IS A U^ND TRUST, BUSINESS TRUST. ESTATE OR
OTHER SIMILAR ENTITY:
a.
List below the name and business address of each individual or legal entity holding
legal title to the property that is the subject of the trust.
Name
Business Address
b.
List below the name, business address and percentage of beneficial interest of each
beneficiary on whose behalf title is held.
Name
Business Address
Percentage Interest
M^
5.
IF THE UNDERSIGNED IS ANY OTHER LEGAL ENTITY,firstdescribe the entity, then
provide the name, business address, and the percentage of interest of all individuals or legal
entities having an ownership pr other beneficial interest in the entity.
Describe the entity:
15116
JOURNAL-CITY COUNCIL-CHICAGO
Name
Business Address
12/17/2003
Percentage interest
SECTION TWO: BUSINESS RELATIONSHIPS WITH CiTY ELECTED OFFICIALS
A.
DEFINITIONS AND DISCLOSURE REQUIREMENT
1.
The Undersigned must indicate whether it had a "business relationship" with a City
elected official In the 12 months before the date this EDS is signed.
2.
Pursuant to Chapter 2 -156 ofthe Municipal Code of Chicago (the "Municipal Code"), a
"business relationship" means any "contractual or other private business dealing" of an
official, or his or her spouse, or of any entity in which an official or his or her spouse has a
"financial interest," with a person or entity which entitles an official to compensation or payment
in the amount of $2,500 or more in a calendar year; but a "financial interest" does not include:
(i) any ownership through purchase at fair market value or inheritance of less than 1 % of the
shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of
the value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended, (ii) the authorized
compensation paid to an official or employee for his office or employment; (lil) any economic
benefit provided equally to all residents of the City; (iv) a time or demand deposit in a financial
institution; or (v) an endowment or insurance policy or annuity contract purchased from an
insurance company. A "contractual or other private business dealing" does not include any
employment relationship of an official's spouse with an entity when such spouse has no
discretion concerning or input relating to the relationship between that entity and the City.
B.
CERTIFICATION
1.
Has the Undersigned had a "business relationship" with any City elected official in the
12 months before the date thisEDS is signed?
tlYes
^ 0
If yes, please identify below the name(s) of such City elected official(s) and describe
such relationship(s):
12/17/2003
REPORTS OF COMMITTEES
15117
SECTION THREE: DISCLOSURE OF RETAINED PARTIES
A.
DEFINITIONS AND DISCLOSURE REQUIREIMENTS
1.
The Undersigned must disclose certain information about attorneys, lobbyists,
accountants, consultants, subcontractors, and any other person whom the Undersigned has
retained or expects to retain in connection with the Matter, in particular, the Undersigned must
disclose the name of each such person, his/her business address, the nature of the
relationship, and the total amount of the fees paid or estimated to be paid. The Undersigned
is not required to disclose employees who are paid solely through the Undersigned's regular
payroll.
"Lobbyist" means any person <i) who, for compensation or on behalf of any person other than
himself, undertakes to influence any legislative or administrative action, or (ii) any part of
whose duty as an employee of another includes undertaking to influence any legislative or
administrative action.
2.
If the Undersigned is uncertain whether a disclosure is required under this Section, the
Undersigned must either ask the City whether disclosure is required or make the disclosure.
B.
CERTIFiCATiON
Each and every attorney, lobbyist, accountant, consultant, subcontractor, or other person
retained or anticipated to be retained directly by the Undersigned with respect to or in
connection with the Matter is listed below [begin list here, add sheets as necessary]:
Name
Business
(indicate
Address
whether
retained
or anticipated
to be retained)
QfS ^farAic.av^../-^s
(^9,-) ^ o 5 e 3 o t \ ^ .
^
(p^
Relationship to Undersigned
(attomey, lobbyist, etc.)
^
,
.
r.
Fees (indicate whether
paid or estimated)
^ y^^^^
.
^
^
\s\M lA Kkis^ c y ; ^ ^ feofevto c&tNSiiHrT^i yy.r>n7^ Oft.
5^\-2,//. mo«(Oj^yJ CV\{CA6IJ 6o6a7 <^^^>i4'1ig^t 4 " ^ j 0 0 ^ ^ / .
[]CHECKHEREIFNOSUCHIN0fVIDUALSHAVEBEENRETAlNEDBYTHEUNDERSIGNEDORARiMTicPff1H)TO
BERETAINEDBYTHE UNDERSIGNED.
^ ^ ^ C^fflOVXC^ f U ^ C^ O j o V ^
- Ve-A^'v-neo)
^
JOURNAL-CITY COUNCIL-CHICAGO
15118
12/17/2003
CERTIFICATION
NAME
Retain
Matt Cotton & Associates
Anticipated Chinh H uynh
BUSINESS
ADDRESS
622 W. Aldine, Chicago 60657
2124 N. Hudson, Chicago 60614
Retain
F.O. Carlson & Assoc.
1001 E. 99th Street, Chicago 60628
Anticipated Third Coast Marketing
5443 N. Broadway, Chicago 60640
di
^ ^ ^
o(U
RELATIONSHIP
Website Consultant
Graphic Designs
Street pole
maintenance/d6cor
Marketing
Consultants-GLBT
FEES
$3,000 q*ff,
$15,000 £^f,
$5,000 - ^ A
(f^-^/i^W^j^
SECTION FOUR: CERTIFICATIONS
1.
/
$3,500 ew-
CERTIFICATION OF COMPLIANCE
For purposes of the certifications in A, B, and C below, the term "affiliate" means any individual
or entity that, directly or indirectly: controls the Undersigned, is controlled by the Undersigned,
or is, with the Undersigned, under common control of another individual or entity, indicia of
control include, without limitation: interiocking 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 the federal government or a state or local govemment, including the City, using
substantially the same management, ownership, or principals as the ineligible entity.
A.
The Undersigned Is not delinquent in the payment of any tax administeredby the Illinois
Department of Revenue, nor are the Undersigned or its affiliates delinquent in paying any fine,
fee, tax or other charge owed to the City. This includes all water charges, sewer charges,
license fees, parking tickets, property taxes or sales taxes. If there are any such
delinquencies, note them below:
7JTF
If the letters "NA," the word "None," or no response appears on the lines above, It will be
conclusively presumed that the Undersigned certified to the above statements.
B.
The Undersigned and its affiliates have not, in the past five years, been found in
violation of any City, state or federal environmental law or regulation. If there have been any
12/17/2003
REPORTS OF COMMITTEES
such violations, note them below:
-P\^
if the letters "NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
C.
if the Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor
permit their subcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in
connection with the Matter for the duration of time that such facility remains on the list.
D.
If the Undersigned is the Applicant, the Undersigned will obtain from any
contractors/subcontractors hired or to lie hired in connection with the Matter certifications
equal in form and substance to those in Section Four, I, (A-C) above and will not, without the
prior written consent ofthe City, use any such contractor/subcontractor that does not provide
such certifications or that the IJndersigned has reason to believe has not provided or cannot
provide truthful certifications.
If the Undersigned is unable to make the certifications required in Section Four, paragraph I
(C) and (D) above, provide ah explanation:
if the letters "NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
II.
CHILD SUPPORT OBLIGATIONS - CERTIFiCATiON REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE
For purposes ofthis part, "Substantial Owner" means any individual who, directly or indirectly,
owns or holds a 10% or more interest in the Undersigned. Note: Ttiis may include individuals
disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in
an EDS filed by an entity tiolding an interest in the Applicant
Ifthe Undersigned's response below is #1 or #2. then all ofthe Undersigned's Substantial
Owners must remain in compliance with any such child support obligations until the Matter is
completed. Failure of the Undersigned's Substantial Owners to remain in compliance with
their child support obligations in the manner set forth in either #1 or #2 constitutes an event of
default.
15119
15120
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Check one:
1.
No Substantial Owner has been declared in an-earage on any child support
obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of
competent jurisdiction.
2.
The Circuit Court of Cook County, Illinois or another Illinois court of competent
jurisdiction has issued an order declaring one or more Substantial Owners in arrearage
on child support obligations. All such Substantial Owners, however, have entered into
court-approved agreements for the payment of all such child support owed, and all
such Substantial Owners are in compliance with such agreements.
3.
The Circuit Court of Cook County, Illinois or another Illinois court of competent
jurisdiction has issued an order declaring one or more Substantial Owners in arrearage
on child support obligations and (a) at least one such Substantial Owner has not
entered into a court-approved agreement for the payment of all such child support
owed; or (b) at least one such Substantial Owner is not in compliance with a courtapproved agreement for the payment of all such child support owed; or both (a) and
(b).
s/
m.
4.
There are no Substantial Owners.
FURTHER CERTIFICATIONS
A.
The Undersigned and, if the Undersigned is a legal entity, its principals (officers,
directors, partners, members, managers, executive director):
1.
are not presently debarred, suspended, proposed for debamient, 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 undera 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;
12/17/2003
REPORTS OF COMMITTEES
3.
are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) wrth commission of any of the
offenses enumerated in clause (A)(2) ofthis section;
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, orfound liable in a civil proceeding, in any criminal or
civil action instituted by the City or by the federal govemment, any state, or any
other unit of local govemment.
The certiflcations in subparts B and D concem:
• the Undersigned;
• any party participating in the perfomiance of the Matter ("an Applicable Party");
• any "Affiliated Entity" (meaning an individual or entity that, directly or indirectly:
controls the Undersigned, is controlled by the Undersigned, or is, with the
Undersigned, under common control of another individual 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 state or local govemment, including
the City, using substantially the same management, ownership, or principals as the
ineligible entity); with respect to Applicable Parties, the term Affiliated Entity means
an Individual or entity that directly or indirectly controls the Applicable Party, is
controlled by it, or, with the Applicable Party, is under common control of another
individual or entity;
• any responsible official of the Undersigned, any Applicable Party or any Affiliated
Entity or any other official, agent or employee of the Undersigned, any Applicable
Party or any Affiliated Entity, acting pursuant to the direction or authorization of a
responsible official ofthe Undersigned, any Applicable Party or any Affiliated Entity
(collectively "Agents").
Neither the Undersigned, nor any Applicable Party, nor any Affiliated Entity of eitherthe
Undersigned or any Applicable Party nor any Agents have, during the five years before
the date this EDS is signed, or, with respect to an Applicable Party, an Affiliated Entity,
or an Affiliated Entity of an Applicable Party during the five years before the date of
such Applicable Party's or Affiliated Entity's contract or engagement in connection with
the Matter:
15121
15122
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
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 govemment or of any state or local govemment 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 or
collusion among bidders or prospective bidders, in restraint of freedom of
competition by agreement to bid a fixed price or otherwise; or
3.
made an admission of such conduct described in (1) or (2) above that is a
matter of record, but have not been prosecuted for such conduct; or
4.
violated the provisions of Section 2-92-610 of the Municipal Code (Living
Wage Ordinance).
C.
The Undersigned understands and shall complywith (1) the applicable requirements of
the Govemmental Ethics Ordinance of the City. Title 2, Chapter 2-156 of the Municipal
Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code
(Office of the Inspector General).
D.
Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their
employees, officials, agents or partners, is barred from contracting with any unit of state
or local govemment as a result of engaging in or being convicted of (1) bid-rigging in
violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3)
any similar offense of any state or of the United States of America that contains the
same elements as the offense of bid-rigging or bid-rotating.
E.
If the Undersigned is unable to certify to any of the above statements in this Part III, the
Undersigned must explain below:
if the letters "NA." the word "None." or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
12/17/2003
IV.
REPORTS OF COMMITTEES
15123
CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
For purposes of this Part iV, under Section 2-32-455(b) of the Municipal Code, the temi
"financial institution" means a bank, savings and loan association, thrift, credit union, mortgage
banker, mortgage broker, trust company, savings bank, investment bank, securities broker,
municipal securities broker, securities dealer, municipal securities dealer, securities
underwriter, municipal securities underwriter, investment trust, venture capital company, bank
holding company,financialservices holding company, or any licensee under the Consumer
installment Loan Act, the Sales Finance Agency Act. or the Residential Mortgage Licensing
Act. However, "financial institution" specifically shall not include any entity whose predominant
business is the providing of tax defen-ed, defined contribution, pension plans to public
employees in accordance with Sections 403(b) and 457 of the intemal Revenue Code.
(Additional definitions may be found in Section 2-32-455(b) of the Municipal Code.]
A
CERTIFICATION
The Undersigned certifles that the Undersigned [check one]
v^
IS not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
B.
If the Undersigned IS a financial institution, then the Undersigned pledges:
"We are not and will not become a predatory lender as deflned in Chapter 2-32
ofthe Municipal Code. We further pledge that 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 that becoming a predatory lender or becoming
an affiliate of a predatory lender may result in the loss of the privilege of doing
business with the City."
ff the Undersigned is unable to make this pledge because It or any of its affiliates (as
defined In Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within the
meaning of Chapter 2-32 ofthe Municipal Code, explain here (attacii additional pages
if necessary):
15124
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
If the letters "NA." the word "None," or no response appears on the lines above, it will be
conclusively presumed that ttie Undersigned certified to the above statements.
y.
CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or temris that are defined in Chapter 2-156 ofthe Municipal Code have the same
meanings when used In this Part V.
1.
in accordance with Section 2-156-110 of the Municipal Code:
Does any official or employee of the City have afinancialinterest in his or her own
name or in the name ofany other person in the Matter?
[]Yes
HtJo
NOTE: If you answered "No" to Item V(1), you are not required to answer items V(2)
or (3) below. Instead, review the certification in Item V(4) and then proceed to Part VI.
If you answered "Yes" to Item V(1), you must first respond to Item V(2) and provide
the Information requested in Item V(3). After responding to those items, review the
certification in Item V(4) and proceed to Part VI.
2.
Unless sold pursuant to a process of competitive bidding, no City elected official or
employee shall have afinancialinterest in itis or her own name or in the name of any
other person in the purchase of any property that (i) belongs to the City, or (ii) Is sold for
taxes or assessments, or (iii) is sold by virtue of legal process at the suit of Uie Cfty
(collectively, "City Property Sale"). Compensation for property taken pursuant to the
City's eminent domain power d oes not constitute afinancialinterest within the meariing
of this Part V.
Does the Matter involve a City Property Sale?
I] Yes
[]No
3.
If you answered "yes" to Item V(1), provide the names and business addresses of the
City officials or employees having such interest and Identify the nature of such interest:
Name
Business Address
Nature of Interest
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REPORTS OF COMMITTEES
15125
4.
The Undersigned further certifies that no prohibitedfinancialinterest In the Matter will
be acquired by any City official or employee.
yi.
CERTIFICATION REGARDING SLAVERY ERA BUSINESS
The Undersigned has searched any and all records of the Undersigned and any and all
predecessor entities for records of investments or profitsft-omslavery, the slave industry, or
slaveholder insurance policiesfi'omthe slavery era (including insurance policies issued to
slaveholders that provided coverage for damage to or injury or death of their slaves) and has
disclosed in this EDS any and ail such records to the City, in addition, the Undersigned must
disclose the names of any and all slaves or slaveholders described in those records. Failure
to comply with these disclosurd requirements may make the Matter to which this EDS pertains
voidable by the City.
Please check either (1) or (2) below. Ifthe Undersigned checks (2), the Undersigned
must disclose below or in an attachment to this EDS all requisite information as set
forth in that paragraph (2).
Y 1. The Undersigned verifies that (a) the Undersigned has searched any and all records
ofthe Undersigned and any and all predecessor entities for records of investments or profits
from slavery, the slave industry, or slaveholder insurance policies, and (b) the Undersigned
has found no records of investments or profitsfi-omslavery, the slave industry, or slaveholder
insurance policies and no records of names of any slaves or slaveholders.
2. The Undersigned verifies that, as a result of conducting the search in step (1)(a)
above, the Undersigned has found records relating to investments or profits from slavery, the
slave industry, or slaveholder Insurance policies and/or the names of any slaves or
slaveholders. The Undersigned verifies that the following constitutes full disclosure of all such
records:
SECTION FIVE:
I.
CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS
CERTIFiCATiON REGARDING LOBBYING
A.
List below the names of all individuals registered under the federal Lobbying Disclosure
Act of 1995 who have made lobbying contacts on behalf of the Undersigned with respect to the
15126
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Matter: [Begin list here, add sheets as necessary]:
JjlK
p f n o explanation appears or begins on the lines above, or If the letters "NA" or If the
word "None" appear, it will be conclusively presumed that the Undersigned means
that NO individuals registered under the Lobbying Disclosure Act of 1995 have made
lobbying contacts on behalf of the Undersigned with respect to the Matter.]
B.
The Undersigned has not spent and will not expend any federally appropriated funds to
pay any individual listed in Paragraph (A) above for his or her lobbying activities or to pay any
individual to influence or attempt to influence an officer or employee of any agency, as defi ned
by applicable federal law, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress, in connection with the award of any federally funded
contract, making any federally funded grant or loan, entering into any cooperative agreement,
or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or
cooperative agreement.
C.
The Undersigned 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 infonnation set forth in paragraphs i(A) and 1(B) above.
If Uie Matter is federally funded and any funds other than federally appropriated funds have
been or will be paid to any individual for influencing or attempting to influence an officer or
employee of any agency (as defined by applicable federal law), a member Of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connecfion
witii Uie Matter, the Undersigned must complete and submit Standard Form-LLL.
"Disclosure Fomn to Report Lobbying," in accordance with its instructions. The form may
be obtained online from the federal Office of Management and Budget (OMB) web site at
http://www.whitehouse.qov/omb/qrants/sflHin.pdf. linked on the page
http://www.whitehouse.gov/omb/qrants/qrants forms.html.
D.
The Undersigned 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 Acfivifies".
E.
ifthe Undersigned is the Applicant, the Undersigned must obtain certificafions equal in
forni and substance to paragraphs 1(A) through 1(D) above from all subcontractors before it
12/17/2003
REPORTS OF COMMITTEES
awards any subcontract and the Undersigned must maintain all such subcontractors'
certifications for the duration of the Matter and must make such certificafions promptly
available to Uie City upon request.
IL
CERTIFiCATiON REGARDING NONSEGREGATED FACILITIES
A. ff the Undersigned is the Applicant, the Undersigned does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments, anditdoes not
and wili not pemiit its employees to perfonn their services at any locafion under its control
where segregated facilities are maintained.
"Segregated facilities." as used in this provision, means any waifing rooms, wori<
areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreafion or
entertainment areas,fi-ansportafion.and housing provided for employees, that are segregated
by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or
national origin because of habit, local or employee custom, or otherwise.
However, separated or single-user resfrooms and necessary dressing or sleeping areas must
be provided to assure privacy between the sexes.
B. ff the Undersigned is the Applicant and the Matter is federally funded, the Undersigned
will, before the award of subcontracts (if any), obtain idenfical certifications from proposed
subconbBctors under which the subconfi-actor will be subject to the Equal Opportunity Clause.
ContiBCts and subcontracts exceeding $10,000, or having an aggregate value exceeding
$10,000 in any 12-month period, are generally subject to the Equal Opportunity Clause. See
41 CFR F^irt 60 for further infonnation regarding the Equal Opportunity Clause. The
Undersigned must retain tiie certificafions required by this paragraph (B) for the duration of Uie
confi-act (ifany) and must make such certifications prompUy available to the City upon request
C.
if Uie Undersigned is the Applicant and the Matter is federally funded, the Applicant will
forward the notice set forth below to proposed subcontractors:
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
Subcontractors must submit to the Contractor a Certification of Nonsegregated
Facilities before the award of any subcontract under which the subcontractor will be
subject to the federal Equal Opportunity Clause, The subcontractor may submit such
certificafions either for each subcontract or for all subcontracts during a period (e.g.,
quarteriy. semiannually, or annually).
15127
15128
m,
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Federal regulafions require prospective contractors for federally funded Matters (e.g., tiie
Applicant) and proposed subconfi-actors to submit the following infonmafion with Uieir bids or in
writing at the oiitset of negotiations. (NOTE: This Part III is to be completed only If the
Undersigned is the Applicant.)
A.
B.
C.
Have you developed and do you have onfileaffiijnafive action programs pursuant to
applicable federal regulations? (See 41 CFR^rt 60-2.)
I]Yes
[]No
lyfWA
nfi-actsoF!
Have you participated in any previous confi-acts
^ subconfi-acts subject to Uie
equal opportunity daus^?
[]Yes
[]No
Have youfiledwith the Joint Reporting Committee,ttieDirector of the Office of Federal
Confi-act Compliance Programs, or the Equal Employment Opportunity Commission all
reports due under the applicablefilingrequireplents?
[]Yes
[JNo
j^/A
SECTION SIX:
NOTiCE AND ACKNOWLEDGMENT REGARDING
GOVERNMENTAL ETHICS AND CAMPAIGN FINANCE ORDINANCES
CITY
The City's Governmental Ethics and Campaign Financing Ordinances. Chapters 2-156and2164 of the Municipal Code, impose certain dufies and obligations on individuals or entities
seeking City confi-acts, wori^, business, or transactions. The Boand of Ethics has developed
an ethics training program for such individuals and entities. The full text of these ordinances
and tiie b-aining program is available on line at www.citvofchicaao.orq/Ethics/. 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 following is descriptive only and does not purport to cover every
aspect of Chapters 2-156 and 2-164 ofthe Municipal Code. The Undersigned must comply
fully with the applicable ordinances.
X
BY CHECKING THIS BOX THEUNDERSIGNED ACKNOWI-EDGESTHAT
THE UNDERSIGNED UNDERSTANDS THATTHE CnVs GOVERNMENTAL ETHICS AND
CAMPAIGN FINANCING ORDINANCES, AMONG OTHER THINGS:
1)
Provide that any contract negotiated, entered into or performed in violafion of
the City's ethics laws can be voided by the City.
2)
Limit the gifts and favors any individual or entity can give, or offer to give, to any
City official, employee, contractor or candidate for elected City office or the
spouse or minor child of any of them, including:
12/17/2003
a.
b.
REPORTS OF COMMITTEES
15129
any cash gift or any anonymous gift; and
any gift based on a mutual understanding that Uie City official's or
employee's or City contractor's actions or decisions will be
influenced in any way by the gift.
3)
Prohibit any City elected official or City employee ft-om having a financial
interest, directiy or indirecUy, in any confi-act, work, transaction or business of ttie
City, if that interest has a cost or present value of $5,000 or more, or if that
interest entities the owner to receive more than $2,500 per year.
4)
Prohibit any appointed City official ft-om engaging in any contract, work,
tiansaction or business of the City, unless the matter is wholly unrelated to ttie
appointed official's dufies or responsibilifies.
5)
Provide that City employees and officials, or their spouses or minor children,
cannot receive compensafion or anything of value in return for advice or
assistance on matters conceming the operafion or business ofthe City, unless
their services are wholly unrelated to their City duties and responsibilifies.
6)
Provide that fomier City employees and officials cannot, for a period of one year
after their City employment ceases, assist or represent another on any matter
involving the City if, while with the City, they were personally and substantially
involved in Uie same matter.
7)
Provide that former City employees and officials cannot ever assist or represent
another on a City confi-act if, while wlUi the City, they were personally involved in or
directly supervised the formulation, negotiation or execution of ttiat contract.
SECTION SEVEN: CONTRACT INCORPORATION. COMPLIANCE. PENALTIESDISCLOSURE
The Undersigned understands and agrees that:
A.
The certificafions. disclosures, and acknowledgments contained in this EDS will
become part of any contract or other agreement between the Applicant and the City in
connecfion with tiie Matter, whether procurement. City assistance, or other City action, and are
material Inducements to the City's execution of any confi-act or taking other action with respect
to the Matter. The Undersigned understands that It must comply wlUi all statutes, ordinances,
and regulations on which this EDS is based.
B.
ifttie City determines that any infonnation 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, void or voidable), at law, or in equity, including terminating the
Undersigned's participafion in he Matter and/or declining to allow the Undersigned to
participate in otherfi-ansacfionswith the City.
15130
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
C.
Some or all of the infomiafion provided on this EDS and any attachments to Uiis EDS
may t>e made available to the public on the internet, in response to a Freedom of information
Act request, or otherwise. By complefing and signing this EDS, the Undersigned waives and
releases any possiblerightsor claims which it may have against the City in connection witti the
public release of infomiafion contained in this EDS and also authorizes the City to verify the
accuracy of any information submitted in this EDS.
D.
The Undersigned has not withheld or reserved any disclosures as to economic interests
in the Undersigned, or as to Uie Matter, or any information, data or plan as to the intended use
or purpose for which the Appiicant seeks City Council or other City agency action.
E.
The infonnation provided in this EDS must be kept cun-ent. in the event of changes, Uie
Undersigned must supplement this EDS up to thetimethe City takes action on the Matter.
CERTIFICATION
Under penalty of penury, the person signing below: (1) wan-ants that he/she Is authorized to
execute this EDS on behalf of the Undersigned, and (2) warrants that all certifications and
statements contained in this EDS aretiue,accurate and complete as ofthe date furnished to
ttie City.
Lf\K9 i'ifuJ l?)St O h ^ l l h ^ o/(amiu^CCL
Date:
\\'\b-tf^
(Print or type name of individual or legal entity submitting thj^lEDS)
Print ortypename of signatory:
S
"OFFICIAL SEAL"
\
CINTHIA DIAZ
S Notary Public, State of Illinois
\ My Commission Expires 2-7-2007
Subscribed to before me on Idatel \]CA)(!.m)()f y^ \Cr. at CfriV.
'TllmP
[sjate].
Notary Public.
Commission expires:
Z-n'^0(S^
(
(
\
\
County,
12/17/2003
REPORTS OF COMMITTEES
15131
(Sub)Exhibit 4.
(To Service Provider Agreement For
Special Service Area Number 8)
Contractor Insurance Provisions
Special Service Area Number 8
Lakeview East Chamber Of Commerce.
The Contractor must provide and maintain at Contractor's own expense, during
the term of this Agreement, and during the time period following expiration if
Contractor is required to retum and perfonn any additional Services, the insurance
coverages and requirements specified below, insuring all operations related to the
Agreement.
A. Insurance To Be Provided.
1)
Workers' Compensation And Employer's Liability.
Workers' Compensation, as prescribed by applicable law covering all
employees who are to provide a service under this Agreement and
Employer's Liability coverage with limits of not less than One Hundred
Thousand Dollars ($100,000) each accident or illness.
2)
Commercial General Liability (Primary And Umbrella).
Commercial General Liability Insurance or equivalent with limits of not
less than One Million Dollars ($1,000,000) per occurrence for bodily
injury, personal injury and property damage liability. Coverage must
include the following: all premises and operations, products/completed
operations, separation of insureds and contractual liability (with no
limitation endorsement). The City ofChicago is to be named as additional
insureds on a primary, noncontributory basis for any liability arising
directly or indirectly from the services.
15132
3)
JOURNAL-CITY COUNCIL--CHICAGO
12/17/2003
Automobile Liability (Primary And Umbrella).
When any motor vehicles (owned, non-owned and hired) are used in
connection with work to be performed, the Contractor must provide
Automobile Liability Insurance with limits of not less than One Million
Dollars ($ 1,000,000) per occurrence for bodily injury and property damage.
4)
Professional Liability.
When any professional consultants (e.g., C.P.A.s, attomeys, architects,
engineers, construction managers) perform work in connection with this
Agreement, Professional Liability Insurance covering acts, errors or
omissions must be maintained with limits of not less than Five Hundred
Thousand Dollars ($500,000).
Coverage must include contractual
liability. When policies are renewed or replaced, the policy retroactive date
must coincide with, or precede, start of work on the Agreement. A claimsmade policy which is not renewed or replaced must have an extended
reporting period of two (2) years.
5)
Crime.
Contractor must be 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. The Contractor may self-insure this exposure.
B. Security Firms.
If the Contractor enters into a subcontract with a Security Firm, such Security
Firm must be certified by the 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 Provisions set forth in (Sub)Exhibit 5 of this
Agreement, attached hereto and incorporated by references as though fully set forth
herein.
C. Other Requirements.
The Contractor will furnish the City of Chicago, Department of Planning and
Development, Community and Neighborhood Development, Room 1000, 121 North
LaSalle Street, Chicago, Illinois 60602, original Certificates of Insurance, evidencing
12/17/2003
REPORTS OF COMMITTEES
15133
the required coverage 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 terrri of this Agreement. The
Contractor must submit evidence of insurance on the City of Chicago Insurance
Certificate of Coverage Form (copy attached) prior to award ofthis 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 requirements of this
Agreement. The failure ofthe City to obtain certificates or other insurance evidence
from Contractor must not be deemed to be a waiver by the City. The Contractor
must advise all insurers of the Agreement provisions regarding insurance. Nonconforming insurance must not relieve Contractor of its obligation to provide
insurance as specified herein. Nonfulfillment of the insurance conditions may
constitute a violation of the Agreement, and the City retains the right to stop work
until proper evidence of insurance is provided, or the Agreement may be terminated.
The insurance must provide for sixty (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 bome by Contractors.
The Contractor agrees that insurers must waive their rights of subrogation
against the City of Chicago, its employees, elected officials, agents or
representatives.
The coverages and limits fumished 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 the Contractor under the 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 Contract given as a matter of law.
The Contractor must require all subcontractors to provide the insurance required
herein, or contractor may provide the coverage for subcontractors.
All
subcontractors are subject to the same insurance requirements of Contractor unless
otherwise specified herein.
15134
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
IfContractor, or its subcontractors, desire additional coverage, the party desiring
the additional coverages is responsible for the acquisition and cost.
The City ofChicago Risk Management Department maintains the right to modify,
delete, alter or change these requirements.
(Sub)Exhibit 5.
(To Service Provider Agreement For
Special Service Area Number 8)
Security Firm Insurance Provisions
Special Service Area Number 8
Lake View East Chamber Of Commerce.
The Security Firm must provide and maintain at Security Firm's own expense,
until Contract completion, and during the time period following expiration if the
Security Firm is required to r e t u m and perform additional Services, the insurance
coverages specified below, insuring all operations related to the Contract.
A. Insurance To Be Provided.
1)
Workers' Compensation And Employer's Liability.
Workers' Compensation, as prescribed by applicable law covering all
employees who are to provide a service under this Contract and Employer's
Liability coverage with limits of not less than Five Hundred Thousand
Dollars ($500,000) each accident or illness.
2)
Commercial General Liability (Primary And Umbrella).
Commercial General Liability Insurance or equivalent with limits of not
less than One Million Dollars ($1,000,000) per occurrence for bodily
12/17/2003
REPORTS OF COMMITTEES
15135
injury, personal injury, gind property damage liability. Coverage must
include the following: all premises and operations, products/completed
operations, separation of insureds and contractual liability (with no
limitation endorsement). The S.S.A.C, the City of Chicago and the
Contractor are to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the
work.
3)
Automobile Liability (Primary And Umbrella).
When any motor vehicles (owned, non-owned and hired) are used in
connection with work to be performed, the Security Firm must provide
Automobile Liability Insurance with limits of not less than One Million
Dollars ($ 1,000,000) per occurrence for bodily injury and property daniage.
4)
Professional Liability.
Professional Liability Insurance covering acts, errors or omissions must be
maintained with limits ofnot less than One Million Dollars ($1,000,000).
Coverage must include contractual liability. 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. Other Requirements.
The Security Firm will fumish the Contractor original Certificates of Insurance
evidencing the required coverage 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
Security Firm must submit evidence of insurance prior to Contract award. 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 ofthe Contractor to obtain certificates or other insurance
evidence from Security Firm must not be deemed to be a waiver by the Contractor.
15136
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
The Security Firm must advise all insurers of the Contract provisions regarding
insurance. Non-conforming insurance must not relieve Security Firm of its
obligation to provide insurance as specified herein. Nonfulfillment ofthe insurance
conditions may constitute a violation ofthe Contract, and the Contractor retains the
right to stop work until proper evidence of insurance is provided, or the Contract
may be terminated. The insurance must provide for sixty (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 bome by Security Firm.
The Security Firm agrees that insurers must waive their rights of subrogation
against the Contractor and the City of Chicago, its employees, elected officials,
agents, or representatives.
The coverages and limits fumished 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 must 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.
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 herein.
If Security Firm desires additional coverages, the Security Firm and each of its
subcontractors desiring the additional coverages is responsible for the acquisition
and cost.
The Contractor maintains the right to modify, delete, alter or change these
requirements.
15137
REPORTS OF COMMITTEES
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 1 of 9)
Cook County Prevailing Wage For November, 2003.
Trade Name
ASBESTOS ABT-GEK
ASBESTOS ABT-MEC
BOILERMAKER
BRICK MASON
CARPENTER
CEMENT MASON
CERAMIC TILE FNSHER
COMM. ELECT.
ELECTRIC PWR EQMT OP
ELECTRIC PWR GRNDMAN
ELECTRIC PWR LINEMAN
ELECTRICIAN
ELEVATOR CONSTRUCTOR
FENCE ERECTOR
GLAZIER
HT/FROST INSULATOR
IRON WORKER
LABORER
LATHER
MACHINIST
MARBLE FINISHERS
MARBLE MASON
MILLWRIGHT
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
ORNAMNTL IRON WORKER
RG TYPiC Base
ALL
BLD
BLD
BLD
ALL
ALL
BLD
BLD
ALL
ALL
ALL
ALL
BLD
ALL
BLD
BLD
ALL
ALL
BLD
BLD
ALL
BLD
ALL
BLD
BLD
BLD
BLD
FLT
FLT
FLT
FLT
HWY
HWY
HWY
HWY
HWY
ALL
29.000
23.300
35.600
30.550
33.320
34.000
24.450
29.940
33.000
25.740
33.000
33.650
35.655
23.540
29.000
30.450
32.580
29.000
33.320
33.230
24.050
30.550
33.320
35.700
34.400
31.850
30.100
38.350
36.850
32.800
27.300
33.900
33.350
31.300
29.900
28.700
30.850
FRMAN *M-F>8 OSA OSH H/W
29.7B0
24.800
38.800
32.550
34.820
35.000
0.000
32.340
38.450
38.450
38.450
36.150
40.110
24.790
30.000
32.200
34.080
29.750
34.820
34.980
26.050
32.550
34.820
39.700
39.700
39.700
39.700
38.350
38.350
38.350
38.350
37.900
37.900
37.900
37.900
37.900
32.600
1-S
1.5
2.0
I.S
I.S
2.0
2.0
I.S
1.5
1.5
1.5
1.5
2.0
1.5
1.5
1.5
2.0
1.5
1.5
2.0
1.5
1.5
1.5
2.0
2.0
2.0
2.0
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1 .5
2.0
Pensn
1.5
1.5
2.0
1.5
1.5
1.5
1.5
1-5
1.5
1.5
1.5
1-5
2.0
1.5
2.0
1.5
2.0
1.5
1.5
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
4.170
3.640
4.550
4.950
4 .930
5.080
4.750
5.100
5.570
4.350
5.570
7.450
5.775
6.000
5.340
6.810
6.000
4.170
4.930
3.380
5.520
5.690
5.860
4 .140
3.750
3.950
5.240
7.770
6.060
7 770
980
880
320
900
.010
9.660
3.380
4.140
2.0
1.5
1.5
1.6
2.0
2.0
2.0
2.0
1.5
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
3
4
4
4
5
5
5
5
3.600
5.860
5.860
4.140
.200
.470
.950
.930
.700
4.500
700 4.500
700 4.500
. 7 0 0 4 .500
5 . 4 0 0 4 .250
5 . 4 0 0 4 250
5 . 4 0 0 4 250
.400 4 250
.700 4 500
.700 4 500
.700 4 500
. 700 4.500
.700 4.500
6.000 7.870
Vac
0 000
0 000
0 000
0 000
0 000
0 000
0 000
0.000
0.000
0.000
0.000
0.000
2.140
0.000
0.000
0 000
0 000
0 000
0 000
2 290
0 000
6 000
0 000
1 800
1 BOO
1 800
1 BOO
1 700
1.700
1.700
1.700
1.800
1.800
1.800
1.800
1.800
0.000
Trng
0.170
0.000
0.210
0.550
0.440
0.150
0.210
0.700
0 170
0 120
0 170
0 750
0 000
0 000
0 400
0.230
0.270
0.170
0.440
0.000
0.550
0.550
0.440
0.550
0.550
0.550
0.550
0.000
0.000
0.000
000
550
550
550
550
550
750
15138
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 2 of 9)
Cook County Prevailing Wage For November, 2003.
Trade Mame
RG TCP, 'C Base
FAINTER
PAINTER SIGNS
PILEDRIVER
PIPEFITTER
PLASTERER
PLUMBER
ROOFER
5HEETHETAL WORKER
SIGN HANGER
SPRINKLER FITTER
STEEL ERECTOR
STONE MASOH
TERRAZZO FINISHER
TBRRAZ20 MASON
TILE MASON
TRAFFIC SAFETY WRKR
TROCK DlilVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TROCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TUCKPOINTER
ALI
BLD
ALL
BLD
BLD
BLD
BLD
BLD
BLD
BLD
AT.T.
E
E
E
E
W
H
W
W
BLD
BLD
BLD
BLD
HWY
ALL
ALL
ALL
ALL
ALL
ALL
ALL
ALL
BLP
1
2
3
4
1
2
3
4
31 .350
25 .530
33..320
34..000
29..990
36..000
30.,850
30..730
22..530
33 .700
32,.580
30 .550
2S..140
29,.050
29,.050
22,.050
26..900
27 .150
27 .350
27 .550
27 .500
27 .650
27 .850
28 .050
32 .200
FRMAH *M-•P>8 OSA OSH H/W
35,.260
28,.660
34..820
36..000
30..990
38..000
32..850
33..190
23 .380
35 .500
34..080
32 .550
0 .000
30,.550
31 .B50
23 .550
27 .550
27^.550
27,.550
27,.550
28 .050
28 .050
28 .050
28 .050
33 .200
^«
.5
,5
.5
.5
.5
.5
.5
.5
.5
2 .0
2,.0
1,.5
2 .0
2..0
2 .0
.5
.5
.5
.5
.5
.5
.5
.5
.5
.5
1..5
i : ,5
1 . .5
1.,5
1 . .5
1..5
1,.5
1..5
1 .5
2,.0
2 .0
1 .5
1 .5
1 .5
1,.5
1 .5
1 .5
1,.5
1..5
1..5
1,.5
1.,5
1..5
1..5
1.,S
1,.5
1,.5
2..0
2..0
2..0
2,.0
2,.0
2,.0
2 .0
2 .0
2 .0
2 .0
2 .0
2 .0
2 .0
2 .0
2 .0
2..0
2..0
2 . .0
2..0
2..0
2..0
2..0
2..0
4..700
2..600
4..930
5..720
4..500
5..100
4..120
4..310
3 .730
6 .600
6 .000
4..950
5 .450
5 .450
4 .750
2 .478
4 .200
4..200
4..200
4..200
4..200
4..200
4..200
4..200
3..760
Pensn
Vac
4..400 0. 000
2..040 0. 000
4..140 0. 000
5,.350 0..000
5..450 0,,000
3,.040 0.,000
2..460 0..000
6..790 0. 000
1 .890 0..440
5 .000 0..000
9 .660 0,.000
5 .860 0 .000
4 .630 0 .000
5 .550 0,.000
4 .750 0,.000
1 .800 0 .000
3 .200 0 .000
3..200. 0 .000
3..200 0 .000
3,.200 0,.000
3.,100 0 .000
.3..100 0 ,000
3 1100 0 .000
3..100 0 .000
5..340 0 .000
Legend;
H-F>B (Overtime is required for any hour greater than e worked
each day, Monday through Friday.
OSA
(Overtime is required for every hour worked on Saturday)
OSH
(Overtime is required for every hour worked on Sunday and Holidays)
H/K (Health A Kelfare Inaurance)
Penan (Pension)
Vac (Vacation)
Trng (Training)
Trng
0.340
0.000
0.440
0.000
0.400
0.390
0.320
0.490
0.000
0.450
0.270
O.SSO
0.200
0.160
0.430
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.5B0
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 3 of 9)
Explanations.
COOK COUNTY
TRUCK DRIVERS (WEST) - That part of the county West of Barrington
Road.
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial/Decoration
Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day,
Christmas Day. 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 such as the day after Thanksgiving for Veterans Day.
If in doubt, please check with IDOL.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material from any place in a
building, including mechanical systems where those mechanical systems
are to be removed. This includes the removal of asbestos materials
from ductwork or pipes in a building when the building is to be
demolished 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
15139
15140
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 4 of 9)
Explanations.
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 fioors 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 mateiral that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble.
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 5 of 9)
Explanations.
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 installatin 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, grajiite and other
stones (meaning as to stone any foreign or domestic materials as are
specified and used in building interiors and experiors 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 experior
which sare installed in a similar manner.
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;
15141
15142
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Sei-vice Area Number 8)
Prevailing Wages.
(Page 6 of 9)
Explanations.
slurry Truck conveyor Operation, 2 or 3 man; TEamsters Unskilled
dumpman; and Truck Drivers hauling waming 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.
OPERATING ENGINEERS - BUILDING
Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde;
Backhoes with Caisson attachment; Batch Plant; Benoto; 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 Paver; Concrete
Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted);
Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and
similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All;
Derricks, Traveling; Formless Curb and Gutter Machine; Grader,
Elevating; Grouting Machines; 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; Pile
Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 7 of 9)
Explanations.
Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised
and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn;
Slip-form Paver; straddle Buggies; Tournapull; Tractor with Boom and
Side Boom; Trenching Machines.
Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom,
All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift
Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic;
Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine;
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 - (Rheostat
Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting,
and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4
small Electric Drill Winches; Bobcat (up to and including 3/4 cu.
yd.) .
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick
Forklift.
OPERATING ENGINEERS - FLOATING
'
Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer
(hydraulic dredge).
Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer
(hydraulic dredge), leverman (hydraulic dredge), and diver tender.
Class 3. Deck equipment operator (machineryman), maintenance of crane
(over 50 ton capacity) or backhoe (96,000 pounds 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) and crane maintenance 50 ton capacity and under or
backhoe weighing 96,000 pounds or less, assistant tug operator.
OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer
15143
15144
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 8 of 9)
Explanations.
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, Hammerhead, Linden, Peco &
Machines of a like nature; Crete Crane; Crusher, Stone, etc.;
Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine
with Air Compressor; Dredges; Field Mechanic-Welder; Formless C^irb and
Gutter Machine; Gradall and Machines of a like nature; Grader,
Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form
Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted;
Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with
shear attachments; Mucking Machine; Pile Drivers and Skid Rig;
Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid
Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver;
Soil Test Drill Rig (Truck Movmted); Straddle Buggies; Hydraulic
Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached
pusher - two engineers); Tractor with Boom; Tractaire with
Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom;
Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring
and/or Mining Machines; 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,
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor
Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist
- Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments);
Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Squeeze
Cretes-Screw Type Pumps, Gypsum Bulker emd Pump; Roller, Asphalt;
Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone,
etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size);
Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc,
Compactor, etc.; Tug Boats.
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 8)
Prevailing Wages.
(Page 9 of 9)
Explanations.
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.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep
Diggers; 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 wdth
"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); HydroBlaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not
to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding
Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 5.
Bobcats (all); Brick Forklifts, Oilers.
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
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 618/993-7271 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.
15145
15146
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 7.
(To Service Provider Agreement For
Special Service Area Number 8)
Performance Bond Form.
CONTRACTOR'S PERFORMANCE & PAYMENT BOND
^nnfai ^ 1 ^ e n b^ tl{»e presents,
That we.
Principal, hereinafter refened to as Contractor, and
. Surety
of the County of Cook and State of Dlinois, are held and finnly bound unto the CTTY OF CHICAOO in the penal sum of
lawful money of the United States, for the payment of which sum of money, well and truly to be made, we bind ourselves, our heirs,
executoif, administrators, successors and assigns, jointly and severally, firmly by these presents.
^tslsh
with our seals and dated this
day of
AD., 20
^\]t ttnnbtltan of II{e ^ a i t t (Bbligslton is sutl(,
That whereas the above bounden Contractor has entered into a certain contiact with the CITY OF CHICAGO, bearing
Contract No.
and Specification No.
all in conformity with said contract, fot.
The said contract is incorporated herein by reference in its entirety, including without limitation, any and all indenmification 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 Ihe 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 nuy in
anywise result therefrom, or which nuy result from sDict liability, or which may in anywise result from any injuries to, or death of, any
peison, or damage to any real or personal propeity, arising directly or indirectly from or in connection with, work perfonned or to be
12/17/2003
REPORTS OF COMMITTEES
15147
perfmied under said rantnci by said Cootnctor, itt Agents, Employees or Woricmen, aitignees, tubconnacton, or anyone •lie, ia any
lespeet whatever, or which may result on account of my infringement of any patent by reuon of the materials, machinety, devicet or
appaiatui nied in the performance of said contract,' and moreover, thall pay to taid Qty any tum or lums of money deteimined by the
Puichuing Agent, and/or by a court of competent jurisdiction, to be due said Gty by reason of any failure or neglect in the perfonnance
of the requiremenu of said contract, wherefore tbe said Purchasing Agent Ihall have elected to suspend or cancel the same, and shall pay
all clainu and demandt whatsoever, which may accrue to each and every materialman and subcontractor, and to each and every penon
wbo ihall be employed by the taid Contractor or by iu assignees and nibcontraciort, in or about Ihe perfoimance of taid contract, t n d
with wages paid at prevailing wage rates if to required by taid contract, and thall inture iu liability to pay the compentation. and ihall
pay all claims and demands for compensation which may accrue to each and every person wbo shall be employed by them or any of (hem in or
aboat the performance of said cohtiact, or which thall accrue to die beneficiaries or dependenu of any tuch penon, under the provitiont
of Ihe-Woffcen' Compensadon Act, 820 ILCS 305, as amended, and the Woricers' Occupational Disease Act, 820 ILCS 310, at amended
(bereiiiafter refened to as "Acu*^ then is this obligation to be null and void, otherwise to remain in fiill force and effect
And it is hereby expressly understood and agreed, and made a condition hereof, that any judgement rendered againti taid O t y in
any suit based upon any loss, damages, claims, liabilities, judgemenu, cosu or expenses which may in anywise accrue against taid City^
as a consequence of tbe granting of said contract, or which may in anywise result therefrom, or whidi may in anywise result from any
injuries to, or death of, any penon, or damage to any real or personal propeny, arising directly or indirectly from, or in connection with,
woric perfonned, or to be performed under said contract by said Contractor or iu ageou, eiqiloyees or workmen, assignees, tubcontractoct, or anyone else and also any decision of the Industrial Commission of the State of Dlimns, and any order of court based upon tuch decitton, or judgement thereon, rendered against said City of Chicago in any suit or claim arising under the aforementioned Acu when notice
of the peottency or aibitiatioo proceedings or suit thall have been given taid extractor, tball be conclusive against each and all parties
to this oUigatioii, as to amount, liability and all other things pertaining thereto.
*
Every person fiimishing material or perfonning labor in the performance of said contract, either as an individual, as a subcontractor,
or oifaerwite, thall have the right to tue on tbit bond in the name of the City of C3iicago for his use and benefit and in tuch suit taid penon
at idaindfT, thall file a copy of this bond, certified by die pany or parties in whose charge this bond thall be, which copy thall be, unless
execution dierraf be denied under oath, piiina fade evidence of the execution and deUvery of die original; provided, that nothing in this
bond contained tball be taken to make tbe City of Chicago liable to any subcontractor, materialman, laborer or to any other person B> any
greater extent than it would have been liable prior to the enactment of the Public Construction Bond Act, JO ILCS SSO, as amended;
provided further, dial any person having a claim for labor and materials fiimished in the performance of diis contract shall have no right of
action unlessheshallhavefileda verified notice of such claim widi die Cleric of the Gty of Chicago widnn 180 days after die date of die
last item of work or the fiimitbing of the last item of materials, and shal] have fVunished a copy of such verified notice to the contractor
widiin 10 days of die filing of die notice widi the Qty of Chicago. Such claim shall be verified and thall contain die name and addrcts of
the claimant, die business address of die claimant widun die State of Illinois, if any, or if tbe claimant be a foreign corporation having no
place of business with the State the principal place ofbusiness of said corporation, and in aU cases of paitnenhip the names and retidenoes
of each of the parmen, die name of dte contractor for die Qty of Chicago, die name of die person, firm or corporation by whom the
claimant was employed or to whom such claimant fiimished materials, die amount of die claim and a brief description of die public
impiDvement for tlie constiuction or installation of which the contract is lo be peifoimed. Provided, fiuther, that no defect hi the notice
heieio piovided for thall deprive die claimant of hit right of action under die terms and provisions of this bond unless it shall afiimiatively
appear dut tuch defect has prejudiced die righu of an interested party asserting die same; provided, further, dial no action thall be
brought until die expiration of one hundred twenty (120) days after die date of die last item of woric or of die fumithing of die lait item of
material, except in cases where the fmal setdement between die Qty of Chicago and die Contractor thall have been made prior to die
expiration of the 120 day period in which case action may be taken immediately following such final setdement, and provided, fimber, diat
no action of any kind shall be brought later dian tix (6) mondu after die acceptance by the City of Chicago of die completion of work.
Any tuit upon this bond sball be brought only in a cireuit court of the Stale of IlUnois in the judicial district in which the contract shall have
beoi perfonned.
JOURNAL-CITY COUNCIL-CHICAGO
15148
12/17/2003
The said Surety, for value received, hereby stipulates and agrees dial no change, extension of time, alteration or addition to die terms
of any of die Contract IXicumenU comprising said contract, or to the work to be perfonned diereunder, shaU in anyvrite affect the
obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said
Coiuract DocumenU or U} the woric
(Sed)
Approved^
-.20_
(Sen!)
(Seal)
Purduoiiis Atoil
(Seal)
Approved is lo fonn ind legality:
(Seal)
Atrittanl Corpontkm Counsel
(Seal)
7" STATE OF ILLINOIS
!•} ss.
COUNTY OF COOK,
_, a Notaiy PubUc in and for die County and S u t e
I
. ^ ^ _ _ _ ^ _ ^ _ _ _ _ _ _ _ _ ^ ^ _ _ President and
aforesaid, DO HEREBY CERTIFY dut_
. Secretary of die_
Z
o
who are personally known to me to be the same persons whose names are subscribed in the foregoing instrument as
President and
. Secretaty, appeared
such.
before me this day in person and acknowledged that they signed, sealed and delivered the said instrument of writing as
their fiee 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 taid Company to be thereto attached.
GIVEN under my hand and Notarial Seal this
day of
Notary Public
\
20_
12/17/2003
REPORTS OF COMMITTEES
15149
/ STATE OF ILLINOIS,!
COUNTY OF COOK,/
, a Noiaiy Public in and for die Couniy and S m e
aforesaid, DO HEREBY CERTIFY d i a t .
I
. of die_
to be the tame p e i t o n .
. whose n a m e .
o
. penonally known
_who_
. subscribed in the foregoing instrument as tucfa_
_, appeared before me this day in p e n o n and acknowledged that.
_6ee and voluntaiy act, and as the free
signed, sealed and delivered the said instmment of writing as_
and voluntary act of the said_
for the uses and puiposes tiierein set forth, and caused the corporate seal of said Company lo be thereto attached.
D
in
GIVEN under my hand and Notarial Seal dus
day of
^20_
Notary PubUc
\
( STATE OF ILLINOIS,!
COUNTY OF COOK, J
_, a Notary PubUc in and for the Couniy and State
aforesaid, DO HEREBY CERTIFY dial
who
'
personally known lo me to be the same penons whose n a m e .
instrument, appeared before me diis day in peison and acknowledged dial
taid instrument of writing as
\
.subscribed in the foregoing
be
signed, sealed and delivered the
free and voluntary act, for the uses and puiposes therein set forth.
GIVEN under my hand and Notarial Seal diis
day of
Notary PubUc
20
15150
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 8.
(To Service Provider Agreement For
Special Service Area Number 8)
Contractor Affidavit.
Contractor Name:
Special Service Area Number:
Agreement ("Agreement"):
Agreement between the City of Chicago and
, relating to the provision of special services.
dated
Affidavit.
The undersigned,
, as
, and on
behalf of
, having been duly swom under oath, certifies that
in the year
, it performed all ofthe Services described in Exhibit 1 ofthe
Agreement in accordance with the terms of the Agreement and that it spent all
funds obtained from the City in connection with that Agreement on the Services
described in (Sub)Exhibit 1.
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 certily 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)
12/17/2003
REPORTS OF COMMITTEES
15151
State of
County of_
Swom to and acknowledged before me by
signatory] as
[title] of
contracting party] this
day of
•
[name of
[name of
, 20
.
Signature of Notary
AUTHORIZATION FOR ESTABLISHMENT OF SPECIAL SERVICE
AREA NUMBER 2 4 , IMPOSITION OF TAX LEVY, APPROVAL
OF 2 0 0 4 BUDGET AND EXECUTION OF SERVICE
PROVIDER AGREEMENT.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration, the imposition ofa
tax levy, the approval of the 2004 budget and the execution of a service provider
agreement for Special Service Area Number 24, amount to be levied: $234,108,
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 the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
15152
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
On motion of Alderman Burke, the said proposed ordinance transmitted with the
foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers,
Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio,
Burnett, E. Smith, Carothers, Rebojo-as, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore - 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
The following is said ordinance as passed:
WHEREAS, Special service areas may be established pursuant to Article VII
Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the
provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the "Act")
and pursuant to the Revenue Act of 1939, 35 ILCS 2 0 5 / 1 , et seq., (the "Revenue
Act") as amended from time to time; and
WHEREAS, The City Council ofthe City ofChicago (the "City Council") determines
that it is in the best interests ofthe City ofChicago (the "City") to establish a special
service area to be known and designated as Special Service Area Number 24 (the
"Area") to provide certain special govemmental services in addition to services
provided generally by the City, all as further provided in this ordinance (the "Special
Services"), and further determines to authorize the levy ofan annual ad valorem real
property tax for a period of ten (10) years within the Area sufficient to produce
revenues required to provide those Special Services (the "Services Tax"); and
WHEREAS, The City Council desires to authorize the execution of an agreement
with a service provider for the provision of the Special Services in and for the Area
in fiscal year 2004; 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:
12/17/2003
REPORTS OF COMMITTEES
15153
(a) the Area, as established by this ordinance, consists of contiguous territory
in the City;
(b) the City Council adopted an ordinance on September 4, 2003 authorizing a
public hearing (the "Public Hearing") to consider the establishment ofthe Area and
the levy of the Services Tax on the taxable property located in the Area to provide
the Special Services;
(c) notice of the Public Hearing was given by publication at least once not less
than fifteen (15) days prior to the hearing in the Chicago Sun-Times, a newspaper
published in and of general circulation within the City, and notice of the 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
(10) days prior to the time set for the Public Hearing. For any properties for which
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;
(d) the notice complied with all of the applicable provisions of the Act;
(e) the Public Hearing was held on September 26, 2003 by the Committee on
Finance ofthe City Council. All interested persons, including all persons owning
real property located within the Area, were given an opportunity to be heard at the
Fhiblic Hearing regarding any issues embodied in the notice and have had an
opportunity to file with the City Clerk of the City written objections on such
issues;
(f) the Committee on Finance of the City Council has heard and considered all
ofthe 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 establish the Area and to authorize the levy of the
Services Tax, all as provided in this ordinance;
(g) the Public Hearing was finally adjourned on September 26, 2003;
(h) the sixty (60) day period as described in Section 27-55 ofthe Act, in which
an objection petition to this ordinance may be filed, commenced on September 26,
2003; and
15154
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(i) the City Council hereby finds and determines that it is in the best interests
ofthe City that the Area be established and the Services Tax be authorized, all as
set forth herein.
SECTION 3. Area Established. There is hereby established a special service
area located within the City to be known and designated as City of Chicago Special
Service Area Number 24. The approximate street location of said territory consists
of West Morse Avenue, from North Clark Street to North Sheridan Road; on North
Clark Street, from West Wallen Avenue to West Birchwood Avenue; on North
Glenwood Avenue, frorri West Lunt Avenue to West Farwell Avenue. A legal
description of the Area is attached as Exhibit 1 hereto and hereby incorporated
herein. A map ofthe Area is attached as Exhibit 2 hereto and hereby incorporated
herein. A list of Permanent Index Numbers for the properties in the Area is attached
hereto as Exhibit 3 and hereby incorporated herein.
SECTION 4. Special Services Authorized. The Special Services authorized
hereby include maintenance and beautification activities including, but not limited
to, snow removal and sidewalk cleaning; security services, including, but not limited
to, the development of safety programs; recruitment and promotion of new
businesses to the Area and retention and promotion of existing businesses within
the Area; coordinated marketing and promotional activities; strategic planning for
the general development ofthe Area; financing of storefront facade improvements;
and other technical assistance activities to promote commercial and economic
development, including, but not limited to, streetscape improvements, strategic
transit/parking improvements including parking management studies, and
enhanced land-use oversight and control initiatives (collectively, the "Special
Services"). The Special Services shall be in addition to services provided to and by
the City of Chicago generally.
SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in
each year beginning in 2003 through and including 2012 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 the sum of sixty hundredths of one percent
(0.60%) ofthe equalized assessed value ofthe taxable property within the Area. The
Services Tax shall be in addition to all other taxes provided by law and shcdl be
levied pursuant to the provisions of the Revenue Act. The levy of the Services Tax
for each year shall be made by annual ordinance, commencing with this ordinance.
SECTION 6. Appropriations. Based on the recommendation of the Department
ofPIanning and Development, there is hereby appropriated the following sum in the
amount and for the purposes necessary to provide the Special Services in and for
the Area indicated as follows:
12/17/2003
REPORTS OF COMMITTEES
15155
Special Service Area Number 24
Special- Service Area Budget.
For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004.
Expenditures
Service Provider Agreement
for the provision of Special
Services
$234,108
TOTAL BUDGET REQUEST:
$234,108
Source of Funding
Tax levy at a rate nbt to exceed
sixty one-hundredths of
one percent (0.60%) ofthe
assessed value, as equalized, of
taxable property within Special
Service Area Number 24
$234,108
SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions
of Article VII, Sections 6(a) and 6(1) (2) ofthe Constitution ofthe State oflllinois and
pursuant to the provisions of the Act and pursuant to the provisions of this
ordinance, the sum of Two Hundred Thirty-four Thousand One Hundred Eight
Dollars ($234,108) as the amount ofthe Services Tax for the tax year 2003.
SECTION 8. Commission Authorized. There is hereby established the Clark
Street Special Service Area Commission (the "Commission") which shall consist of
nine (9) members. The Mayor, with the approval ofthe City Council, shall appoint
the initial Commission members from a list of nominees submitted by the DevCorp
North, an Illinois not-for-profit corporation (the "Organization"). Of the initial
Commission members, five (5) members shall be appointed to serve for two (2) year
terms, and four (4) shall be appointed to serve for one (1) year terms. Upon the
expiration of the term of any Commission member, the Mayor, with the approval of
City Council, shall appoint a successor Commission member from a list of nominees
submitted by the Organization. Other than the initial Commissioners, each
15156
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Commission member shall be appointed to serve for a term of two (2) years and until
a successor is appointed. In the event of a vacancy on the Commission due to
resignation, death, inability to serve, removal by the Mayor or other reason, the
Mayor, with the approval of City Council, shall appoint a successor from a list of
nominees submitted by the Organization. Each successor so appointed shall serve
for the remaining term for which h e / s h e was appointed. The Commission shall
designate one (1) member as the chairman ofthe Commission, and h e / s h e shall
serve not more than two (2) successive two (2) year terms. The Commission may
establish bylaws for its procedural operation.
The Commission shall have the powers delegated to it in Section 9 hereof. The
terms and powers of the Commission members shall cease upon the termination of
the time period for which the levy ofthe Services Tax is authorized. The members
of the Commission shall serve without compensation.
SECTION 9. Powers Of The Commission. The Commission is hereby granted
the following powers:
(a) to recommend the rate or amount of the Services Tax and an annual budget
to the City Council; and
(b) to recommend a sole service provider contract, including a scope of services
and a contractor therefor, to the City Council for the provision of the Special
Services.
SECTION 10.
Service Provider Agreement. The Commissioner of the
Department ofPIanning and Development (the "Commissioner"), or a designee ofthe
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 Organization, in substantially the form attached hereto as Exhibit 4 and hereby
made a part hereof (the "Service Provider Agreement"), and such other supporting
documents, ifany, as may be necessary to carry out and comply with the provisions
ofthe Service Provider Agreement, with such changes, deletions and insertions as
shall be approved by the persons executing the Service Provider Agreement.
SECTION 11. Exemption. The Service Provider Agreement is hereby declared
exempt from Section 2-156-020 ofthe Municipal Code ofthe City ofChicago.
SECTION 12. Protests And Objections. If a petition ofobjection is filed with the
Office ofthe City Clerk ofthe City signed by at least fifty-one percent (51%) ofthe
electors residing within the boundaries of the Area and by at least fifty-one percent
(51%) ofthe owners ofrecord ofthe property included within the boundaries ofthe
Area within sixty (60) days following the adjournment of the Public Hearing, all as
12/17/2003
REPORTS OF COMMITTEES
15157
provided for in Section 27-55 of the Act, as a result of such filing this ordinance
shall be deemed to be null and void, the Area shall not be created, 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 13. 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 ofthis ordinance is declared to be severable.
SECTION 14. 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"), in
accordance with Section 27-75 of the Act, a certified copy of this ordinance
containing an accurate map of the Area. The City Clerk is hereby further ordered
and directed to file in the Office of the Recorder of Deeds of Cook County, in
accordance with Section 27-40 of the Act, a certified copy of this ordinance
containing a description of the Area, within sixty (60) days of the effective date of
this ordinance. In addition, the City Clerk is hereby further ordered and directed
to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act,
a certified copy ofthis ordinance on or prior to December 30, 2003, 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 2003 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 15. Confiict. 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 16. Publication. This ordinance shall be published by the City Clerk,
in special pamphlet form, by preparing at least one hundred (100) copies thereof,
which copies are to be made available in his office for public inspection and
distribution to members of the public who may wish to avail themselves of a copy
of this ordinance.
SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after
its passage and publication.
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
[Exhibit 2 referred to in this ordinance printed
on page 15167 of this Journal]
Exhibits 1, 3 and 4 referred to in this ordinance read as follows:
Exhibit 1.
(To Ordinance)
Legal Description For Special
Service Area Number 24.
All that part of the southeast quarter of Section 30, the east half of the east half
of Section 31 and the northwest quarter of Section 32, all in Township 41 North,
Range 14 East ofthe Third Principal Meridian, bounded and described as follows:
beginning at the northeast comer of Lot 1 in Block 7 of Wm. L. Wallen's Addition
to Rogers Park, a subdivision of Lots 2 and 3 (except the west 17 feet thereof) in
the Assessor's Division of the northeast quarter of the southeast quarter of
Section 3 1 , Township 41 North, Range 14 East ofthe Third Principal Meridian,
said northeast comer of Lot 1 being also the point of intersection ofthe west line
of North Clark Street with the south line of West Wallen Avenue; thence west
along said south line of West Wallen Avenue to the southerly extension of the
easterly line of Lot 12 in Block 4 of said Wm. L. Wallen's Addition to Rogers Park,
said easterly line of Lot 12 being also the westerly line of the alley west of North
Clark Street; thence northerly along said southerly extension and along the
westerly line of the alley west of North Clark Street and along the northerly
extension thereof to the north line of the east half of the southeast quarter of
said Section 3 1 , Township 41 North, Range 14 East of the Third Principal
Meridian, said north line of the east half of the southeast quarter of Section 31
being also the centerline of West Pratt Avenue; thence west along said
centerline of West Pratt Avenue to the southerly extension of the east line
of Lot 8 in Block 44 in Rogers Park, a subdivision ofthe northeast quarter and
that part ofthe northwest quarter, lying East of Ridge Road, ofSection 31 and
also the west half of the northwest quarter of Section 32 and also all of Section
30 Ijdng south ofthe Indian boundary line, all in Township 41 North, Range 14
East of the Third Principal Meridian, said east line of Lot 8 being also the
12/17/2003
REPORTS OF COMMITTEES
15159
westerly line ofthe alley west of North Clark Street; thence northerly along said
southerly extension and the westerly line of the alley west of North Clark Street
to the south line of West Lunt Avenue; thence west along said south line of West
Lunt Avenue and along the westerly extension thereof to the west line ofthe east
halfofthe northeast quarter ofSection 3 1 , Township 41 North, Range 14 East
ofthe Third Principal Meridian; thence north along said west line ofthe east half
ofthe northeast quarter ofSection 31 to the westerly extension ofthe north line
ofthe south 61 feet of Lot 6 in the subdivision of Block 18 of Rogers Park; thence
east along said westerly extension and the north line of the south 61 feet of
Lot 6 in the subdivision of Block 18 of Rogers Park to the east line ofthe west
46.08 feet of said Lot 6 in the subdivision of Block 18 of Rogers Park; thence
south along said east line of the west 46.08 feet of Lot 6 in the subdivision of
Block 18 of Rogers Park to a north line of the parcel of property bearing
Permanent Index Number 11-31-206-016, said north line being also the
southerly most south line of the parcel of property bearing Permanent Index
Number 11-31-206-017; thence east along said southerly most south line ofthe
parcel of property bearing Permanent Index Number 11-31-206-017 to the east
line thereof; thence north along said east line of the parcel of property bearing
Permanent Index Number 11-31-206-017 and along the east line ofthe parcel
of property bearing Permanent Index Number 11-31-206-015 to the
northerl3anost north line of aforesaid parcel of property bearing Permanent Index
Number 11-31-206-016; thence east along said northerlymost north line ofthe
parcel of property bearing Permanent Index Number 11-31-206-016 to the
easterly line of aforesaid Lot 6 in the subdivision of Block 18 of Rogers Park, said
easterly line of Lot 6 being also the westerly line of the alley east of North
Ravenswood Avenue; thence north along said westerly line of the alley east of
North Ravenswood Avenue to the south line ofthe north 100 feet of Block 18 in
aforesaid Rogers Park; thence west along said south line ofthe north 100 feet of
Block 18 in Rogers Park and along the westerly extension thereof to the west line
of the east half of the northeast quarter of Section 31, Township 41 North, Range
14 East ofthe Third Principal Meridian; thence north along said west line ofthe
east half of the northeast quarter of Section 31 to the north line of West Estes
Avenue; thence east along said north line of West Estes Avenue to the easterly
line of Lot 6 in the subdivision of Block 9 (except the north 100 feet thereof) in
aforesaid Rogers Park, said easterly line of Lot 6 being also the westerly line of
the alley west of North Clark Street; thence north along said westerly line of the
alley west of North Clark Street to the south line of the north 100 feet of
Block 9 in Rogers Park; thence west along said south line ofthe north 100 feet
of Block 9 in Rogers Park to the west line ofthe east halfofthe northeast quarter
of Section 3 1 , Township 41 North, Range 14 East of the Third Principal
Meridian; thence north along said west line of the east half of the northeast
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
quarter of Section 31 to the south line of West Touhy Avenue; thence northerly^
along a straight line to the point of intersection of the north line of West Touhy
Avenue with the westerly line ofthe public alley lying westerly of and adjoining
the westerly line of Lot 3 in the Owner's Subdivision of part of Block 2 in
aforesaid Rogers Park, said westerly line of the public alley being also the
easterly line of the Chicago and Northwestem Railway right-of-way; thence
northerly along said easterly line ofthe Chicago and Northwestem Railway rightof-way to the north line of West Birchwood Avenue; thence east along said north
line of West Birchwood Avenue to easterly line of North Clark Street; thence
southerly along said easterly line of North Clark Street to the northwesterly line
of West Rogers Avenue; thence northeasterly along said northwesterly line
of West Rogers Avenue to the northerly extensioia of the east line of Lot 10 in
S. Rogers Touhy's Subdivision of that part of original Block 1 in Rogers Park
lying north ofthe south line of West Bryon Street (now West Jarvis Avenue) and
west ofthe west line of South Forest Avenue; thence south along said northerly
extension and the east line of Lot 10 in S. Rogers Touhy's Subdivision and
along the southerly extension thereof to the south line of West Jarvis Avenue;
thence west along said south line of West Jarvis Avenue to the westerly line
of Lot 4 in S. Rogers Touhy Bryan Avenue and Forest Street Subdivision in
Block 1 of Rogers Park, a subdivision in the east half of the southeast quarter
of Section 30, Township 41 North, Range 14 East of the Third Principal
Meridian, said westerly line of Lot 4 being also the easterly line ofthe alley east
of North Clark Street; thence southerly along said easterly line of the alley east
of North Clark Street to the north line of Lot 10 in Rogers Park Sherwin Manor,
a subdivision of part of Block 1 in Rogers Park in the east half of the southeast
quarter ofSection 30, Township 41 North, Range 14 East ofthe Third Principal
Meridian; thence west along the westerly extension of the north line of said
Lot 10 in Rogers Park Sherwin Manor to the centerline ofthe vacated alley lying
west of and adjoining the westerly line of said Lot 10 in Rogers Park Sherwin
Manor; thence southerly along said centerline of the vacated alley lying west of
and adjoining the westerly line of Lot 10 in Rogers Park Sherwin Manor and
along the southerly extension thereof and along the centerline of the vacated
alley lying west of and adjoining the westerly line of Lot 21 in said Rogers Park
Sherwin Manor to the westerly extension of the south line of said Lot 21 in
Rogers Park Sherwin Manor, said westerly extension and the south line of
Lot 21 being also the north line ofthe alley north of West Chase Avenue; thence
east along said north line of the alley north of West Chase Avenue to the
northierly extension ofthe westerly line of Lot 4 in S. Rogers Touhy's Homestead
Subdivision ofthe north 166.05 feet ofthe south 616.05 feet (measured from the
centerline of West Touhy Avenue) of Block 1 (except the east 447.05 feet
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REPORTS OF COMMITTEES
15161
thereof) in Rogers Park, a subdivision in the east half of the southeast quarter
of Section 30, Township 41 North, Range 14 East of the Third Principal
Meridian, said westerly line of Lot 4 being also the easterly line ofthe alley east
of North Clark Street; thence southerly along said easterly line of the alley east
of North Clark Street arid along the southerly extension thereof to the south line
of West Chase Avenue; thence west along said south line of West Chase Avenue
to the west line of the east 14 feet of Lot 11 in Block 6 of F. H. Doolands
Subdivision of the east 414 feet of Section 30, Township 41 North, Range 14
East of the Third Principal Meridian and the west 175 feet of Section 29,
Township 41 North, Range 14 East ofthe Third Principal Meridian south ofthe
Indian Boundary Line and south of the Chicago, Evanston and Lake Superior
Railroad; thence south along said west line ofthe east 14 feet of Lot 11 in Block
6 of F. H. Doolands Subdivision to the south line of said Lot 11, said south line
of Lot 11 being also the north line of the alley north of West Touhy Avenue;
thence east along said north line of the alley north of West Touhy Avenue to the
northerly extension ofthe east line of Lot 14 in said Block 6 of F. H. Doolands
Subdivision; thence south along said northerly extension and the east line of
Lot 14 in Block 6 of F. H. Doolands Subdivision to the south line of said Lot 14,
said south line of Lot 14 being also the north line of West Touhy Avenue; thence
east along said north line of West Touhy Avenue to the northerly extension of a
line 50 feet west of, as measured along the south line of West Touhy Avenue, and
parallel with the east line of Lot 8 in Block 10 of aforesaid Rogers Park; thence
south along said northerly extension and a line 50 feet west of, as measured
along the south line of West Touhy Avenue, and parallel with the east line of Lots
8 and 9 in Block 10 of Rogers Park to a line 15 feet south of and parallel with the
north line of Lot 9 in Block 10 of Rogers Park; thence east along said line 15 feet
south of and parallel with the north line of Lot 9 in Block 10 of Rogers Park and
along the easterly extension thereof to the west line of Lot 7 in said Block 10 of
Rogers Park, said west line of Lot 7 being also the east line of the alley east of
North Clark Street; thence south along said east line of the alley east of North
Clark Street to the easterly extension of the north line of Lot 5 in Olson and
Uhlman's Resubdivision of Lots 13 and 14 in Block 10 of Rogers Park, a
subdivision in the east halfofthe northeast quarter ofSection 3 1 , Township 41
North, Range 14 East ofthe Third Principal Meridian; thence west along said
easterly extension and the north line of Lots 5 and 4 in Olson and Uhlman's
Resubdivision to the west line of said Lot 4, said west line of Lot 4 being also the
east line ofthe alley east of North Clark Street; thence south along said west line
of Lot 4 in Olson and Uhlman's Resubdivision and along the southerly extension
thereof to the south line of West Estes Avenue; thence west along said south
line of West Estes Avenue to the east line of the west 60 feet of Lots 7 and 8 in
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Block 17 of aforesaid Rogers Park; thence south along said east line ofthe west
60 feet of Lots 7 and 8 in Block 17 of Rogers Park to the south line of said Lot 8
in Block 17 of Rogers Park; thence east along said south line of Lot 8 in
Block 17 of Rogers Park and along the easterly extension thereof to the west line
of Lot 6 in said Block 17 of Rogers Park, said west line of Lot 6 being also the
east line ofthe alley east of North Clark Street; thence south along said east line
of the alley east of North Clark Street to the centerline of the vacated alley lying
north of and adjoining the north line of Lots 12, 13 and 14 in Block 33 of
aforesaid Rogers Park; thence east along said centerline ofthe vacated alley lying
north of and adjoining the north line of Lots 12, 13 and 14 in Block 33 of Rogers
Park to the northerly extension of the west line of the east 11 feet of Lot 13 in
said Block 33 of Rogers Park; thence south along said northerly extension and
the west line ofthe east 11 feet of Lot 13 in Block 33 of Rogers Park to the south
line of the north 30 feet of Lots 13 and 14 in said Block 33 of Rogers Park;
thence east along said south line of the north 30 feet of Lots 13 and 14 in
Block 33 of Rogers Park to the west line of North Paulina Street; thence north
along said west line of North Paulina Street to the westerly extension of the
south line of Lot 15 in Block 32 of aforesaid Rogers Park, said south line of
Lot 15 being also the north line ofthe alley north of West Morse Avenue; thence
east along said westerly extension and the north line of the alley north of West
Morse Avenue to the west line of Lot 4 in said Block 32 of Rogers Park, said west
line of Lot 4 being also the east line ofthe alley west of North Ashland Boulevard;
thence south along said east line of the alley west of North Ashland Boulevard
to the north line ofthe south 5 feet of Lot 6 in Block 32 of Rogers Park; thence
east along said north line of the south 5 feet of Lot 6 in Block 32 of Rogers Park
to the east line of said Lot 6, said east line of Lot 6 being also the west line of
North Ashland Boulevard; thence north along said west line of North Ashland
Boulevard to the westerly extension of the south line of Lot 11 in Block 31 of
Rogers Park; thence east along said westerly extension and the south line of
Lot 11 in Block 31 of Rogers Park to the east line of said Lot 11, said east line of
Lot 11 being also the west line of the alley east of North Ashland Boulevard;
thence north along said west line ofthe alley east of North Ashland Boulevard
to the westerly extension of the south line of Lot 6 in said Block 31 of Rogers
Park, said south line of Lot 6 being also the north line ofthe alley north of West
Morse Avenue; thence east along said westerly extension and the north line of
the alley north of West Morse Avenue to the east line of North Greenview Avenue;
thence south along said east line of North Greenview Avenue to the north line
ofthe south 83.50 feet of Lot 10 in Block 30 of Rogers Park; thence east along
said north line ofthe south 83.50 feet of Lot 10 in Block 30 of Rogers Park to the
east line of said Lot 10; thence north along said east line of Lot 10 in Block 30
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REPORTS OF COMMITTEES
15163
of Rogers Park and along the northerly extension thereof to the south line of
Lots 8 and 9 in said Block 30 of Rogers Park, said south line of Lots 8 and 9
being also the north line ofthe gdley north of West Morse Avenue; thence east
along said north line ofthe alley north of West Morse Avenue to the east line of
the west 10 feet of Lot 2 in said Block 30 of Rogers Park; thence north along said
east line of the west 10 feet of Lot 2 in Block 3 0 of Rogers Park to the north line
of said Lot 2, said north line of Lot 2 being also the south line West Lunt Avenue;
thence west along said south line of West Lunt Avenue to the southerly
extension of the west line of the east 20 feet of Lot 16 in Block 29 of aforesaid
Rogers Park; thence north along said southerly extension and the west line of
the east 20 feet of Lot 16 in Block 29 of Rogers Park and along the northerly
extension thereof to the south line of Lot 3 in said Block 29 of Rogers Park, said
south line of Lot 3 being also the north line of the alley north of West Lunt
Avenue; thence east along said north line ofthe alley north of West Lunt Avenue
to the west line ofthe east 45 feet of Lot 1 in Block 29 of Rogers Park, said west
line ofthe east 45 feet of Lot 1 in Block 29 of Rogers Park being also the east line
of North Glenwood Avenue; thence south along said east line of North Glenwood
Avenue to the north line of Lot 18 in Block 29 of Rogers Park; thence east along
said north line of Lot 18 in Block 29 of Rogers Park to the west line ofthe parcel
of property bearing Permanent Index Number 11-32-500-009; thence north
along said west line of the parcel of property bearing Permanent Index
Number 11-32-500-009 to the north line of West Greenleaf Avenue; thence east
along said north line of West Greenleaf Avenue to the east line of North
Glenwood Avenue as said North Glenwood Avenue is situated and opened in the
east halfofthe northwest quarter ofSection 32, Township 41 North, Range 14
East ofthe Third Principal Meridian; thence south along said east line of North
Glenwood Avenue to the south line of Lot 20 in Wm. M. Devine's Birchwood
Beach Subdivision in Rogers Park, of Block 2 ofthe Circuit Court Partition ofthe
east halfofthe northwest quarter and the northeast fractional quarter ofSection
32, Township 41 North, Range 14 East ofthe Third Principal Meridian, said
south line of Lot 20 being also the north line of the alley north of West Lunt
Avenue; thence east along said north line of the alley north of West Lunt
Avenue to the northerly extension of the east line of the west half of Lot 16 in
said Wm. M. Devine's Birchwood Beach Subdivision in Rogers Park; thence
south along said northerly extension and the east line of the west half of Lot 16
in Wm. M. Devine's Birchwood Beach Subdivision in Rogers Park to the north
line of West Lunt Avenue; thence east along said north line of West Lunt Avenue
to the northerly extension of the west line of the east 30 feet of Lot 3 in W. D.
Preston's Subdivision of Blocks 4, 8, 9 and Lot 1 in Block 7 of Circuit Court
Partition of the east half of the northwest quarter and the northeast fractional
15164
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
quarter of Section 32, Township 41 North, Range 14 East ofthe Third Principal
Meridian, said west line ofthe east 30 feet of Lot 3 in W. D. Preston's Subdivision
being also the east line ofthe alley east of North Glenwood Avenue; thence south
along said northerly extension and the west line of the east 30 feet of Lot 3 in
W. D. Preston's Subdivision to the south line of said Lot 3, said south line of
Lot 3 being also the north line of the alley north of West Morse Avenue; thence
east along said north line ofthe alley north of West Morse Avenue and along the
easterly extension thereof to the westerly line of Lots 3 and 4 in D. J. Harris'
Resubdivision of Lots 15 to 22, both inclusive, of W. D. Preston's Subdivision,
aforesaid, said westerly line of Lots 3 and 4 being also the easterly line of the
alley west of North Sheridan Road; thence southerly along said easterly line of
the alley west of North Sheridan Road to the easterly extension of the north line
of Lots 8, 9, 10 and 11 in Block 1 of L. E. Ingall's Subdivision of Blocks 5 and 6
of Circuit Court Partition of the east half of the northwest quarter and the
northeast fractional quarter ofSection 32, Township 41 North, Range 14 East
ofthe Third Principal Meridian, said north line of Lots 8, 9, 10 and 11 being also
the south line ofthe alley north of West Farwell Avenue; thence west along said
easterly extension and the south line of the alley north of West Farwell Avenue
and along the westerly extension thereof to the east line of Lot 15 in said
Block 1 of L. E. Ingall's Subdivision, said east line of Lot 15 being also the west
line of the alley east of North Lakewood Avenue; thence north along said west
line ofthe alley east of North Lakewood Avenue to the south line of Lot 17 in said
Block 1 of L. E. Ingair s Subdivision; thence west along said south line of Lot 17
in Block 1 of L. E. Ingall's Subdivision and along the westerly extension thereof
to the west line of North Lakewood Avenue; thence north along said west line of
North Lakewood Avenue to the north line of Lot 2 in Block 2 of aforesaid L. E.
Ingall's Subdivision; thence west along said north line of Lot 2 in Block 2 of
L. E. Ingall's Subdivision to the west line thereof, said west line of Lot 2 being
also the east line of the alley east of North Wayne Avenue; thence south along
said east line of the alley east of North Wayne Avenue to the easterly extension
ofthe south line of Lot 13 in said Block 2 of L. E. Ingall's Subdivision; thence
west along said easterly extension and the south line of Lot 13 in Block 2 of
L. E. Ingall's Subdivision and along the westerly extension thereof to the west
line of North Wayne Avenue; thence north along said west line of North Wajoie
Avenue to the north line of Lot 2 in Block 3 of aforesaid L. E. Ingall's
Subdivision; thence west along said north line of Lot 2 in Block 3 of L. E. Ingall's
Subdivision to the west line thereof, said west line of Lot 2 being also the east
line of North Glenwood Avenue as said Glenwood Avenue is situated and opened
in the east half of the northwest quarter of Section 32, Township 41 North,
Range 14 East ofthe Third Principal Meridian; thence south along said east line
12/17/2003
REPORTS OF COMMITTEES
15165
of North Glenwood Avenue to the north line of Lot 1 in Block 4 of aforesaid L. E.
Ingall's Subdivision, said north line of Lot 1 being also the south line of West
Farwell Avenue; thence west along the westerly extension of said north line of
Lot 1 in Block 4 of L. E. Ingall's Subdivision to the east line of the west half of
the northwest quarter of Section 32, Township 41 North, Range 14 East ofthe
Third Principal Meridian; thence south along said east line ofthe west halfofthe
northwest quarter of Section 32 to the south line thereof, said south line ofthe
west halfofthe northwest quarter ofSection 32 being also the centerline of West
Pratt Avenue; thence west along said south line ofthe west halfofthe northwest
quarter of Section 32 to an east line of Rogers Park, a subdivision of the
northeast quarter and that part of the northwest quarter, lying east of Ridge
Road, of Section 31 and also the west half of the northwest quarter of Section 32
and also all of Section 30 lying south of the Indian Boundary Line, all in
Tovimship 41 North, Range 14 East ofthe Third Principal Meridian, said east line
being also the west line of the parcel of property bearing Permanent Index
Number 11-32-500-008; thence north along said east line of Rogers Park to the
north line of Block 41 in said Rogers Park, said north line of Block 41 being also
the south line of West FarweU Avenue; thence west along said south line of West
Farwell Avenue to the southerly extension of the east line of Lot 17 in Block 40
of aforesaid Rogers Park, said east line of Lot 17 being also the west line of North
Glenwood Avenue; thence north along said southerly extension to the north line
of West Farwell Avenue; thence west along said north line of West Farwell
Avenue to the west line ofthe east 36.75 feet of Lot 17 in said Block 40 of Rogers
Park; thence north along said west line ofthe east 36.75 feet of Lot 17 in Block
40 of Rogers Park to a line 97.84 feet north of and parallel with the south line of
said Lot 17; thence west along said line 97.84 feet north of and parallel with the
south line of said Lot 17 in Block 40 of Rogers Park and along the westerly
extension thereof to the east line ofthe west 30 feet of Lot 16 in said Block 40
of Rogers Park; thence north along said east line ofthe west 30 feet of Lot 16 in
Block 40 of Rogers Park to the north line of said Lot 16, said north line of Lot 16
being also the south line ofthe alley north of West Farwell Avenue; thence west
along said south line of the alley north of West Farwell Avenue to the west line
of North Greenview Avenue; thence north along said west line of North
Greenview Avenue to the south line of the north 92 feet of Lot 1 in Block 39 of
aforesaid Rogers Park; thence west along said south line of the north 92 feet of
Lot 1 in Block 39 of Rogers Park and along the westerly extension thereof to the
west line ofthe east 12.5 feet of Lot 2 in said Block 39 of Rogers Park; thence
south along said west line of the east 12.5 feet of Lot 2 in Block 39 of Rogers
Park and along the southerly extension thereof to the north line of Lot 18 in said
Block 39 of Rogers Park, said north line of Lot 18 being also the south line ofthe
15166
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
alley north of West Farwell Avenue; thence west along said south line ofthe alley
north of West Farwell Avenue and along the westerly extension thereof to the
east line of Lot 10 in said Block 39 of Rogers Park, said east line of Lot 10 being
also the west line of the alley east of North Ashland Boulevard; thence north
along said west line of the alley east of North Ashland Boulevard to the south
line of the north 1.62 feet of Lot 3 in the subdivision of Lots 7, 8, 9 and the
north half of Lot 10 in Block 39 of aforesaid Rogers Park; thence west along said
south line ofthe north 1.62 feet of Lot 3 in the subdivision of Lots 7, 8, 9 and
the north half of Lot 10 in Block 39 of Rogers Park to the west line of said
Lot 3, said west line of Lot 3 being also the east line of North Ashland Boulevard;
thence south along said east line of North Ashland Boulevard to the easterly
extension of the north line of Lot 4 in Block 38 of aforesaid Rogers Park; thence
west along said easterly extension and the north line of Lot 4 in Block 38 of
Rogers Park to the west line thereof, said west line of Lot 4 being also the east
line ofthe alley west of North Ashland Boulevard; thence south along said east
line ofthe alley west of North Ashland Boulevard to the easterly extension ofthe
north line of Lot 8 in said Block 38 of Rogers Park, said north line of Lot 8 being
also the south line ofthe alley north of West Farwell Avenue; thence west along
said easterly extension and the south line of the alley north of West Farwell
Avenue to the west line of Lot 5 in the subdivision of Lots 18 to 24, both
inclusive, and the vacated alley lying east of and adjoining said lots in Block 38
of Rogers Park, aforesaid; thence southerly along said west line of Lot 5 in the
subdivision of Lots 18 to 24, both inclusive, and the vacated alley lying east of
and adjoining said lots in Block 38 of Rogers Park and along the southerly
extension thereof to the centerline of West Farwell Avenue; thence west along
said centerline of West Farwell Avenue to the northerly extension of the west
line of Lot 2 in the resubdivision of Lots 16 to 22, both inclusive, in Block 43 of
Rogers Park, aforesaid; thence southerly along said northerly extension and
the west line of Lot 2 in the resubdivision of Lots 16 to 22, both inclusive, in
Block 43 of Rogers Park and along the southerly extension thereof and along the
west line of Lot 4 in said resubdivision of Lots 16 to 22, both inclusive, in Block
43 of Rogers Park to the south line of said Lot 4, said south line of Lot 4 being
also the north line of West Pratt Avenue; thence east along said north line of
West Pratt Avenue to the northerly extension of the west line of Lot 8 in Mann's
Addition to Rogers Park, a subdivision in the east half of the southeast quarter
of Section 3 1 , Township 41 North, Range 14 East of the Third Principal
Meridian, said west line of Lot 8 being also the east line ofthe alley east of North
Clark Street; thence south along said northerly extension and the east line ofthe
alley east of North Clark Street to the south line of West Wallen Avenue; thence
west along said south line of West Wallen Avenue to the point of beginning at the
west line of North Clark Street, all in the City ofChicago, Cook County, Illinois.
12/17/2003
REPORTS OF COMMITTEES
Exhibit 2.
(To Ordinance)
Project Area Boundary.
BIRCHWOOD'
WALLEN
15167
JOURNAL-CITY COUNCIL-CHICAGO
15168
12/17/2003
Exhibit 3.
(To Ordinstnce)
P e r m a n e n t I n d e x Numbers.
(Page 1 of 8)
r
p.&m^
.•"• ^E^dils^
1
2
3
4
5
6
7
8
9
10
11-30-410-017-0000
n
11-30-415-001-0000
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
11-30-415-002-0000
11-30-410-018-0000
11-30-410-019-0000
11-30-410-020-0000
11-30-410-021-0000
11-30-410-022-0000
11-30-410-023-0000
11-30-410-038-0000
11-30-413-001-0000
11-30-413-002-0000
11-30-415-003-0000
11-30-415-004-0000
11-30-415-005-0000
11-30-415-006-0000
11-30-415-007-0000
11-30-415-008-0000
11-30-420-053-0000
11.30-420-054-0000
i
11-30-420-055-0000
11-30-420-060-0000
11-30-420-061-0000
11-30-420-062-0000
11-30-420-064-0000
11-30-421-001-0000
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
11-30•421-002-0000
11-30421-003-0000
11-30 421-004-0000
11-30 421-005-0000
11-30•421-006-0000
11-30421-007-0000
11-30•421-008-0000
11-30423-014-0000
11-30423-015-0000
11-30•423-030-0000
11-30423-031-0000
11-30423-032-0000
11-30423-033-0000
11-31 •201-043-0000
11-31 .201-044-0000
11-31 •201-045-0000
11-31 •201-046-0000
11-31 •201-047-0000
11-31 •201-048-0000
11-31 -201-051-0000
11-31 •201-072-0000
11-31 -201-073-0000
11-31 -202-001-0000
11-31 -202-003-0000
11-31 -202-004-0000
11-31 -202-005-0000
15169
REPORTS OF COMMITTEES
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 2 of 8)
pjm^^
pjmsist
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
11-31-202-006-0000
11-31-202-007-0000
11-31-202-008-0000
11-31-206-001-0000
11-31-206-006-0000
11-31-206-007-0000
11-31-206-008-0000
11-31-206-009-0000
11-31-206-010-0000
11-31-206-011-0000
11-31-206-014-0000
11-31-206-016-0000
11-31-207-001-0000
11-31-207-003-0000
11-31-207-004-0000
11-31-207-005-0000
11-31-207-006-0000
11-31-211-003-0000
11-31-211-004-0000
11-31-211-005-0000
11-31-211-006-0000
11-31-211-009-0000
11-31-211-010-0000
11-31-211-011-0000
11-31-211-012-0000
11-31-211-013-0000
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
n-31-211-014-0000
11-31-211-016-0000
11-31-211-017-0000
11-31-211-018-0000
11-31-211-019-0000
11-31-211-020-0000
11-31-212-001-0000
11-31-212-002-0000
11-31-212-003-0000
11-31-212-004-0000
11-31-212-005-0000
11-31-212-006-0000
11-31-212-007-0000
11-31-212-008-0000
11-31-216-011-0000
11-31-216-012-0000
11-31-216-013-0000
11-31-216-014-0000
11-31-216-015-0000
11-31-216-016-0000
11-31-216-017-0000
11-31-216-018-0000
11-31-216-019-0000
11-31-216-020-0000^
11-31-217-001-0000
11-31-217-003-0000
15170
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 3 of 8)
pjmsfst
105
106
107
11-31-217-006-0000
1108
11-31-217-007-0000
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
11-31-217-008-0000
11-31-217-004-0000
11-31-217-005-0000
11-31-217-009-0000
11-31-217-010-0000
11-31-217-011-0000
11-31-217-014-0000
11-31-217-016-0000
11-31-217-017-OOOa
n-31-218-007-0000
11-31-218-008-0000
11-31-218-009-0000
11-31-218-011-0000
n-31-218-012-0000
11-31-218-013-0000
11-31-218-020-0000
11-31-218-032-0000
11-31-218-033-0000
11-31-218-034-0000
11-31-218-035-0000
11-31-218-036-0000
11-31-218-037-0000
n-31-221-014-0000
11-31-221-015-0000
PJN^Sst
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
11-31-221-016-0000
11-31-221-017-0000
11-31-221-018-0000
n-31-221-019-0000
11-31-221-020-0000
11-31-221-023-0000
11-31-221-024-0000
11-31-221-025-0000
11-31-221-026-0000
11-31-221-027-0000
11-31-222-001-0000
11-31-222-002-0000
11-31-222-003-0000
11-31-222-004-0000
11-31-222-005-0000
11-31-222-006-0000
11-31-222-007-0000
11-31-222-008-0000
11-31-222-009-0000
11-31-222-012-0000
n-31-222-013-0000
11-31-222-014-0000
11-31-222-015-0000
11-31-222-016-0000
n-31-222-017-0000
11-31-222-018-0000
15171
REPORTS OF COMMITTEES
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 4 of 8)
."
pjmsist
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
11-31-222-019-0000
11-31-222-028-0000
11-31-222-033-0000
11-31-225-018-0000
11-31-225-019-0000
11-31-225-020-0000
11-31-225-021-0000
11-31-225-023-0000
11-31-225-024-0000
11-31-225-044-0000
11-31-225-045-0000
11-31-226-001-0000
11-31-226-002-0000
11-31-226-011-0000
11-31-407-010-0000
11-31-407-011-0000
11-31-407-012-0000
11-31-407-013-0000
11-31-407-014-0000
11-31-407-015-0000
11-31-407-016-0000
11-31-407-017-0000
n-31-407-018-0000
11-31-407-019-0000
11-31-407-020-0000
11-31-407-021-0000
pjm.^.
183
184
185
186
187
188
189
190
191
192 '
193
194
195
1961
197
198
199
200
201
202
203
204
205
206
207
11-31-407-022-0000
I2O8
11-32-112-013-0000
11-31-408-001-0000
11-31-408-002-0000
11-31-408-003-0000
11-31-408-004-0000
11-31-409-004-0000
11-31-409-005-0000
11-31-409-006-0000
11-31-409-007-0000
11-31-409-027-0000
11-31-410-036-0000
11-31-410-037-0000
11-31-410-038-0000
11-31-410-039-0000
11-31-410-040-0000
11-31-411-001-0000
11-31-411-002-0000
11-31-411-003-0000
11-31-411-004-0000
11-31-411-005-0000
11-31-411-006-0000
11-32-109-009-0000
11-32-109-010-0000
11-32-110-012-0000
11-32-112-007-0000
JOURNAL-CITY COUNCIL-CHICAGO
15172
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 5 of 8)
33mm
pjmivt
|209|
piO
bl
11-32-112-014-0000
11-32-112-015-0000
n-32-112-016-0000
235
11-32-114-017-0000
236
11-32-114-018-0000
237
11-32-114-022-0000
212
11-32-112-017-0000
238
11-32-114-035-0000
213
11-32-112-018-0000
239
11-32-114-036-0000
214
11-32-113-006-0000
24G|
11-32-115-006-0000
2151
11-32-113-007-0000
241
11-32-115-007-0000
216
11-32-113-008-0000
242
11-32-115-008-0000
217
11-32-113-009-0000
243
11-32-115-011-0000
|218|
11-32-113-013-0000
244
11-32-115-022-0000
11-32-113-014-0000
11-32-113-015-0000
11-32-113-017-0000
11-32-113-020-0000
11-32-113-023-8001
11-32-113-023-8002
11-32-113-024-8001
11-32-113-024-8002
245
11-32-115-024-0000
252
11-32-115-025-1007
227
11-32-113-025-0000
253
11-32-115-025-1008
122-8
n-32-113-026-0000
254
11-32-115-025-1009
1229
11-32-114-001-0000
255
11-32-115-025-1010
1230
11-32-114-012-0000
256
11-32-115-025-1011
11-32-115-025-1012
11-32-115-025-1013
219
po
pi I
|222|
p3
224
|225
pel
246
11-32-115-025-1001
247
11-32-115-025-1002
248
11-32-115-025-1003
24 9i
11-32-115-025-1004
250
11-32-115-025-1005
251
11-32-115-025-1006
11-32-114-013-0000
257
232
11-32-114-014-0000
258
233
11-32-114-015-0000
259
11-32-115-025-1014
I234I
11-32-114-016-0000
260
11-32-115-025-1015
p
12/17/2003
REPORTS O F COMMITTEES
15173
Exhibit 3.
(To Ordinance)
P e r m a n e n t I n d e x Numbers.
(Page 6 of 8)
p^mst
PMMsist
26^1
11-32-115-025-1016
262
11-32-115-025-1017
263
11-32-115-025-1018
264
11-32-115-025-1019
265
11-32-115-025-1020
266
11-32-115-025-1021
267
11-32-115-025-1022
268
269
11-32-115-025-1023
11-32-115-025-1024
270
271
11-32-115-025-1025
272
11-32-115-025-1027
273
11-32-115-025-1028
274
11-32-115-025-1029
11-32-115-025-1026
275
11-32-115-025-1030
276
11-32-115-025-1031
277
11-32-115-025-1032
278
11-32-115-025-1033
279
11-32-115-025-1034
280
11-32-115-025-1035
281
11-32-115-025-1036
282
11-32-115-025-1037
283
11-32-115-025-1038
284
11-32-115-025-1039
285
11-32-115-025-1040
286
11-32-115-025-1041
287
288
289
290
291
292
293
294
295
296
297
29S
299
300
301
302
303
304
305
306
307
308
309
310
311
312
11-32-115-025-1042
11-32-115-025-1043
11-32-115-025-1044
11-32-115-025-1045
11-32-115-025-1046
11-32-115-025-1047
11-32-115-025-1048
11-32-115-025-1049
11-32-115-025-1050
11-32-115-025-1051
11-32-115-025-1052
n-32-115-025-1053
11-32-115-025-1054
11-32-115-025-1055
11-32-115-025-1056
11-32-115-025-1057
11-32-115-025-1058
11-32-115-025-1059
11-32-115-025-1060
11-32-115-025-1061
11-32-115-025-1062
11-32-115-025-1063
11-32-115-025-1064
11-32-115-025-1065
11-32-115-025-1066
11-32-115-025-1067
j
15174
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 7 of 8)
P&M^
p&mtst
313
11-32-115-025-1068
314
11-32-115-025-1069
315
11-32-115-025-1070
316
11-32-115-025-1071
317
11-32-115-025-1072
318
11-32-115-025-1073
319
11-32-115-025-1074
320
11-32-115-025-1075
321
11-32-115-025-1076
322
11-32-115-025-1077
323
11-32-115-025-1078
324
11-32-115-025-1079
325
11-32-115-025-1080
326
11-32-115-025-1081
327
11-32-115-025-1082
328
11-32-115-025-1083
329
11-32-115-025-1084
330
11-32-115-025-1085
331
11-32-115-025-1086
332
11-32-115-025-1087
333
11-32-115-025-1088
334
11-32-115-025-1089
335
11-32-115-025-1090
336
11-32-115-025-1091
337
11-32-115-025-1092
338
11-32-115-025-1093
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
11-32-115-025-1094
,11-32-115-025-1095
11-32-115-025-1096
11-32-115-025-1097
11-32-115-025-1098
11-32-115-025-1099
11-32-115-025-1100
11-32-115-025-1101
11-32-115-025-1102
11-32-115-025-1103
11-32-115-025-1104
11-32-115-025-1105
11-32-115-025-1106
11-32-115-025-1107
11-32-115-025-1108
11-32-115-025-1109
11-32-115-C25-1110
11-32-115-025-1111
11-32-115-025-1112
11-32-115-025-1113
11-32-115-025-1114
11-32-115-025-1115
11-32-115-025-1116
11-32-115-025-1117
11-32-115-025-1118
11-32-115-025-1119
j
12/17/2003
15175
REPORTS OF COMMITTEES
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 8 of 8)
pjm^
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
1389
11-32-115-025-1120
11-32-115-025-1121
11-32-115-025-1122
11-32-115-025-1123
11-32-115-025-1124
11-32-115-025-1125
11-32-115-025-1126
11-32-115-025-1127
11-32-115-025-1128
11-32-115-025-1129
11-32-115-025-1130
11-32-115-025-1131
11-32-115-025-1132
11-32-115-025-1133
11-32-115-025-1134
11-32-115-025-1135
11-32-115-025-1136
11-32-115-025-1137
11-32-115-025-1138
11-32-115-025-1139
11-32-115-025-1140
11-32-115-025-1141
11-32-115-025-1142
11-32-115-025-1143
11-32-115-025-1144
1
PMSSst
390
391
392
393
394
395
3%
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
UVA
11-32-116-006-0000
11-32-116-007-0000
11-32-116-009-0000
11-32-116-019-0000
11-32-116-026-0000
11-32-116-027-0000
11-32-116-028-0000
11-32-116-030-8001
11-32-116-030-8002
11-32-116-031-0000
11-32-116-032-0000
11-32-117-001-0000
11-32-118-011-0000
11-32-118-018-0000
11-32-119-001-0000
11-32-119-007-0000
11-32-500-008-8001
11-32-500-008-8002
11-32-500-008-8003
11-32-500-009-8001
11-32-500-009-8002
11-32-500-009-8003
11-32-500-009-8004
n-32-500-009-8005
11-32-500-009-8006
\
15176
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 4.
(To Ordinance)
Agreement For Special Service Area Number 24
Between
The City Of Chicago
(Represented By The Special Service Area Commission)
And
DevCorp North
Effective January 1, 2004 Through December 31, 2005.
This Agreement for the management of Special Service Area Number 24 is entered into by
and between the DevCorp North, an Illinois not-for-profit corporation ("Contractor"), and the City
ofChicago ("City"), a municipal corporation and home rule unit oflocal govenmient 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) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service
Area Tax Law, 35 ILCS 200/27-5 et sea.: and
WHEREAS, the City Council ofthe City ofChicago ("City Council") has established a
special service area known and designated as "Special Service AreaNumber 24" ("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 ofan annual ad valorem real property tax in the Area
sufficient to produce revenues required to provide those Special Services but not to exceed 0.6% of
the equalized assessed value ofall property within the Area ("Service Tax"), all as provided in the
Establishment Ordinance (hereinafter defined); and
WHEREAS, the City Council, on
, 2003, authorized the levy ofthe Service
Tax and appropriation ofthe funds therefrom for the Area for fiscal year 2004 for the provision of
the Special Services in the Area, and the City wishes to provide that the Contractor, begiiming on
January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the
Services, subject to the terms and conditions ofthis 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 ofthe City;
NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement,
the City and the Contractor agree as follows:
12/17/2003
REPORTS OF COMMITTEES
15177
ARTICLE! INCORPORATION OF RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
ARTICLE 2 DEFINITIONS
The following words and phrases shall have the following meanings for purposes ofthis
Agreement:
"Agreement" means this Special Service Area Agreement, including al! 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 ofthe Department ofPIanning and Development
or a duly authorized representative of the Commissioner of the Department of Plarming and
Development.
"Construction" means landscaping, 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 ofChicago business calendar.
"Department" means the City ofChicago Department ofPIanning and Development.
"EstabUshment Ordinance" means, the ordinance enacted by City Council on
, 2003, and any subsequent amendments thereto authorizing imposition ofthe Service Tax and
setting forth the Special Services to be provided in the Area.
"Risk Management Division" means the Risk Management Division ofthe Department of
Finance which is under the direction ofthe Comptroller ofthe City and is charged with reviewing
£ind 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 and Private Security Act of 1993, 225 ILCS 446/1 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) 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.
"Service Tax Funds" means the amount actually collected pursuant to the Service Tax.
15178
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
"Special Service Area Commission ('SSAC')" means the body established pursuant to the
Establishment Ordinance to prepare the Budget, identify a Contractor zind 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 ofany tier, subconsultants ofany tier, suppliers and
materialmen, whether or not in privity with the Contractor.
"Surplus 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 eamed thereon.
ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR
3.01 Scope of Services
The Services that the Contractor shall provide from January 1, 2004 through December 31,
2004 of this Agreement 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 fiilly 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 ofthe 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 2 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.
Prior to the second year ofthis Agreement, and no later than the deadline established by the
Department, the SSAC, in consultation with the Contractor, must prepare and submit to the
Department a proposed Budget and Scope of Services for that year, comprised of services authorized
in the Establishment Ordinance, for the approval ofthe Commissioner. Ifthe parties agree on the
Scope of Services and the Budget for that year, this Agreement will be amended to include such
budget and scope of services. If the parties do not agree and an amendment is not executed, this
Agreement will terminate at the end ofthe first year ofthis Agreement.
3.02 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 ofits Services.
12/17/2003
REPORTS OF COMMITTEES
15179
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 fumish efficient business administration and
supervision to render and complete the Services at reasonable cost.
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.
Ifthe 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 ofthe Services by the City does not relieve the Contractor ofits 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
A. Key Personnel
The Contractor shall, immediately upon receiving a fully executed copy ofthis Agreement,
assign and maintain during the term ofthis Agreement and any extension thereof an adequate staff
of competent persormel, 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
mzindatory by law or are permitted under applicable law and regulations.
B. Prevailing Wages
If the Contractor engages in Constmction, 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 paymeni ofthe 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 Constmction work. The prevailing rates of wages applicable at the time
of execution ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated
by reference as though fully set forth herein.
C. Illinois Workers, Veterans' Preference and Steel Products
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If the Contractor engages in Constmction, it shall comply, and shall cause all of its
Subcontractors to comply by inserting appropriate provisions in their contracts, with the Employment
oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq.. the Veterans Preference Act. 330
ILCS 55/0.01 et seq.. and the Steel Products Procurement Act. 35 ILCS 30/565/1 et seq. •
3.04 Nondiscrimination
A.
Federal Requirements
It shall be an unlawfiil employment practice for the Contractor (1) to fail or refuse to hire or
to discharge any individual, or otherwise to discriminate against any individual with respect
to his compensation or the terms, conditions, or privileges of his employment because of
such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit,
segregate, or classify its employees or applicants for employment in any way which would
deprive or tend to deprive any individual of employment opportunities or otherwise adversely
affect his status as an employee, because ofsuch individual's race, color, religion, sex, age,
handicap or national origin.
The Contracior shall comply with the Civil Rights Act of 1964,42 U.S.C. § 2000 et seq.. as
amended. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319 (1965),
reprinted in 42 U.S.C. § 2000(e) note, as amended by Exec. Order No. 11,375,32 Fed. Reg.
14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age
Discrimination Act, 42 U.S.C. §§ 6101 -06; Rehabilitation Act of 1973,29 U.S.C. §§ 793-94;
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 el seq.. and 41 C.F.R. Part 60
el seq.
B.
State Requirements
Contracior shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the
Equal Employment Opportunity Clause, III. Admin. Code tit. 5, §750 Appendix A and the
Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. as amended.
C.
Citv Requirements
Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 el seq., as
amended, ofthe Municipal Code ofChicago.
3.05 Insurance
The Contracior 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 judgement ofthe Risk Management Division. Ifthe Contractor enters into
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a subcontract with a Security Firm such Security Firm shall comply with the insurance provision^
attached hereto as Exhibit 5 and incorporated by reference as if fully set forth herein, or such other
insurance provisions as may be required in the reasonable judgement 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 4.
The Risk Management Division may waive or reduce any ofthe insurance requirements set
forth herein. In addition, the Risk Management Division will review each new Scope of Services
which the SSAC, in consultation with the Contractor, prepares annually during the term of this
Agreement pursuant to Section 3.01 and may, if it wishes, revise the insurance required herein.
3.06 Indemnification
A.
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 againsi such Losses, regardless of whether
Contracior challenges the City's belief The defense, indemnification and hold harmless obligations
ofthe Contractor toward City Indemnitees remain an affirmative obligation of Contractor following
the City's notice of Losses the Cily believes are Losses Arising under this Agreement, unless and
until a court of competent jurisdiction fmally determines otherwise and all opportunities for appeal
have been exhausted or have lapsed.
B.
For purposes ofthis Section 3.06,
"City Indemnitees" means, individually and collectively, the City ofChicago, its officials,
agents, employees and SSAC members.
"Losses" mccms, individually and collectively, all kinds of liabilities, losses, suits, claims,
damages, judgments, fines, and demands, including all reasonable costs for investigation, reasonable
attorneys' fees, court costs, and experts' fees, arising by reason of injury or death ofany person,
damage to property, patent or copyright infringement.
"Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii)
arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis indemnification
provision; (iii) arising out of or in connection with Contractor's perfonnance or non-performance
of this Agreement (including the acts or omission of Contractor, its officers, agents, employees,
consultants, subconsultants, licensees, or invitees), any breach by any of them ofany warranty made
imder this Agreement, or any failure by any of them to meet any applicable standard of performance
under this Agreement; or (iv) any combination ofany ofthe foregoing.
C.
To the extent permissible by law. Contractor waives any limits on Contractor's
liability that it would otherwise have by virtue ofthe Worker's Compensation Act or any other
related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 III. 2d 155
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(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.
D.
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 ofthis 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 ofthe Services hereunder.
The Contractor and any Subcontractors shall fumish the SSAC with semi-annual reports or
provide such information as may be requested relative to the performance and cost ofthe 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
govemmental agency at reasonable times during the performance of its Services. In addifion.
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 fmal payment made in connection
with this Agreement.
THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH
FIJNDS 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 ofthe costs and expenses attributable to any such shared usages.
The Contractor shall provide an annual audited financial statement to the Department and
the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting
shall be in accordance with generally accepted accounting principles and practices, consistently
applied throughout. 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 zmd
documents that the City would have had in the absence ofsuch provisions.
The City may in its sole discretion audit the records of Contractor or its Subcontractors, or
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both, at any time during the term ofthis 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 ofthe cost ofthe
audit, as follows:
A.
Ifthe audit has revealed overcharges to the City representing less than 5% of the total
value, based on the Agreement prices, ofthe goods, work, or services provided in the
audited period, then the Contractor must reimburse the City for 50% ofthe cost of
the audit and 50% ofthe cost ofeach subsequent audit that the City conducts;
B.
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 in the audited period, then Contractor must reimburse the City for the full
cost of the audit and of each subsequent audit.
Failure of Contractor to promptly reimburse the City in accordance with Section A
or B above is an event of default under Section 7.01 ofthis Agreernent, and Contractor will be liable
for all of the City's costs of collection, including any court costs and attorneys' fees.
3.08 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 ofthe SSAC. The absence ofsuch 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.
Ifthe Contractor subcontracts for security services, the Subcontractor shall be a Security Firm
certified by the State oflllinois 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 fumish the
SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly
reserves the right to approve all Security Firm subcontracts.
3.09 License, Permits and Safety Considerations
A. Licenses and Permits
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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.
B. Safety Considerations
Ifthe 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 ofits and
its Subcontractors' employees. City employees, and the public.
Ifthe 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 Juiy 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
Ifthe 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 7 hereto, which is incorporated by reference as if
fiilly 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 ofthe bond, then the City may, on giving 10 days notice thereof
in writing, require the Contractor to fumish 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 1,2004 ("Effective Date") and shall continue
through December 31, 2005, or until the Agreement is terminated earlier in accordance with its
terms.
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ARTICLE 5 COMPENSATION
5.01 Basis of Payment
The maximum compensation that the Contractor may be paid under this Agreement between
January 1,2004 and December 31,2004 is the sum of (a) $234,108.00 or the total amount of Service
Tax Funds actually collected for tax year 2003, whichever is less.
For the second year ofthis Agreement, the maximum compensation that the Contractor may
be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section
5.02 and 8.03, or the amount of Service Tax funds actually collected for the preceding tax year,
whichever is less; provided that the maximum amount of compensation for such year of this
Agreement may also include the amount of Service Tax Funds collected for prior tax years which
remain previously unspent.
The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The
Contractor shall reimburse its Subcontractors for Services satisfactorily performed pursuant to the
Budget.
5.02 Budget for Services
The Contractor in conjunction with the SSAC has prepared a Budget through December 31,
2004, attached hereto as Exhibit 2 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 2004 may not exceed $234,108.00, 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 ifany part of the
Contractor's Services is terminated.
For the second year of this Agreement, and subject to the provisions of Section 3.01, a
Budget for that year shall be incorporated into this Agreement by written amendment pursuant to
Section 8.03.
5.03 Method of Payment
The Contractor shall establish a separate checking account ("Account") in a bank authorized
to do business in the State oflllinois 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 SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM
OTHER SOURCES. The Contractor shall provide to the SSAC the signature card and sample check
from the bank which shows the signature(s) ofthe Contractor's authorized representative(s). The
SSAC reserves the right to audit the account and require the Contractor to refund any funds that were
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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 ofthis Agreement,
including any interest eamed, belong to the City for the benefit ofthe Area and shall be retumed to
the City to be used only for Special Services.
5.04 Criteria for Payment
The SSAC, in its sole discretion, shall determine the reasonableness, allocability and
allowability ofany rates, costs and expenses charged or incurred by the Contractor.
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 fiinds are appropriated and budgeted in any City
fiscal period for payments to be made under this Agreement, then the City will notify the Contractor
ofsuch occurrence and this Agreement shall terminate on the earlier ofthe last day ofthe 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 cormection with the execution ofthis Agreement, the Contractor warrants and represents:
A.
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; and
B.
That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose
in the performance ofthe Services; and
C.
That it and its Subcontractors are not in default at the time of the execution of this
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Agreement, or deemed by the Department to have, within five years immediately preceding
the date ofthis Agreement, been found to be in default on any contract awarded by the City;
and
D.
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 ofChicago, 720 ILCS 5/33E-1 et seq. ofthe
Criminal Code of 1961. and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and
E.
That it, all Subcontractors and their respective officers, directors, agents, partners, and
employees shall cooperate with the Inspector General in any investigation or hearing
undertaken pursuant to Chapter 2-56 ofthe Municipal Code ofChicago; that it understands
and will abide by all provisions of Chapter 2-56 ofthe Municipal Code ofChicago and all
subcontracts shall inform Subcontractors of such provision and require understanding and
compliance therewith; and
F.
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 ofany kind whatsoever, by the City, its officials, agents, or employees, has
induced the Contractor to enter into this Agreement; and
G.
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.
6.02 Economic Disclosure Statement and Affidavit
The Contractor has provided the City with an Economic Disclosure Statement (EDS), which
is attached hereto as Exhibit 3 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.
In addition, the Contractor shall provide the City with copies of its latest articles of
incorporafion, 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.
6.03 Conflict of Interest
Pursuant to Chapter 2-156 ofthe Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no
member ofthe goveming body ofthe City or other unit of govemment, no other officer, employee,
SSAC member, or agent of the City or other unit of govemment who exercises any funcfions or
responsibilities in connection with the Services to which this Agreement or any related subcontract
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pertain, and no relative ofany 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, 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 ofthe City or City employee shall be admitted to any share or part ofthis
Agreement or to any financial benefit to arise from il. The Contracior 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 ofeach ofits members if a joint venture, and Subcontractors presently have
no financial interest and shall acquire no interesl, direct or indirect, in the Services undertaken by
the Contractor pursuant lo the Agreement that would conflict in any manner or degree with the
performance of the Services. The Contracior further covenants that in the performance of this
Agreement no person having any such interest shall be employed. The Contractor agrees that ifthe
Commissioner in his reasonable judgment determines that any ofthe Contractor's services for others
conflict with the Services the Contractor is lo provide for the City under this Agreement, the
Contractor shall terminate such other services immediately upon request ofthe City.
6.04 Non-liability of Public Officials
No official, employee or agent ofthe City shall be charged personally by the Contractor, or
by any assignee or Subcontractor ofthe Contracior, with any liability or expenses of defense or be
held personally liable lo them imder amy term or provision hereof, because ofthe City's execution
or attempted execution hereof, or because ofany breach hereof
6.05 Independent Contractor
The Contracior shall perform under this Agreement as an independent contracior to the City
and not as a representative, employee, agent, or partner ofthe Cily.
6.06 Business Relationships with Elected Officials
Pursuant lo Secfion 2-156-030(b) ofthe Municipal Code ofthe City ofChicago, it is illegal
for any elected official ofthe City, or any person acting al the direction ofsuch official, to contact,
either orally or in writing, any other Cily official or employee with respeci lo any matter involving
any person with whom the elected official has a business relationship, or lo participate in any
discussion in any City Council commitlee hearing or in any City Council meeting or to vote on any
matter involving the person with whom an elected official has a business relationship. Violation
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of Section 2-156-030(b) by any elected official with respect to this Agreement is grounds for
termination of this Agreement. The term business relationship is defined as set forth in Section
2-156-080 ofthe Municipal Code ofChicago.
Section 2-156-080 defines a "business relationship" as any contractual or other private
business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her
spouse has a financial interest, with a person or entity which entitles an official lo compensation or
payment in the amount of $2,500 or more in a calendar year; provided, however, a financial inierest
shall not include: (i) any ownership through purchase at fair market value or inheritance of less than
one percent of the share of a corporalion, or any corporate subsidiary, parent or affiliate thereof,
regardless ofthe value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended; (ii) the authorized
compensation paid to an official or employee for his office or employment; (iii) any economic
benefit provided equally lo all residents of the City; (iv) a time or demand deposit in a financial
institution; or (v) an endowment or insurance policy or annuity contract purchased from em insurance
company. A "contractual or other private business dealing" shall not include any employment
relationship ofan official's spouse with an entity when such spouse has no discretion conceming or
input relating to the relationship between that entity and the City.
6.07 Chicago "Living Wage" Ordinance
(a)
Section 2-92-610 ofthe Municipal Code ofChicago 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 lo Section 2-92-610 and regulations promulgated under il:
(i)
IfContractor has 25 or more fiill-time employees, and
(ii)
If at any time during the performance ofthis Agreement, Contractor
and/or any Subcontractor or any other entity that provides any portion ofthe Services
(collectively "Performing Parties") uses 25 or more full-time security guards, or any
number of other full-lime Covered Employees, then
(iii)
Contractor must pay its Covered Employees, and musl assure that all
other Performing Parties pay their Covered Employees, not less than the minimum
hourly rale as determined in accordance with this provision (the "Base Wage") for
all Services performed under this Agreement.
(b)
Contractor's obligation to pay, and to assure payment of, the Base Wage will
begin at any lime during the term of this Agreement when the condifions set forth in (a)(i) and
(a)(ii) above are met, and will continue until the end ofthe term ofthis Agreement.
(c)
As of July 1,2003, the Base Wage became $9.20, and each July 1 thereafter, the Base
Wage will be adjusted, using the most recent federal poverty guidelines for a family of four as
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published annually by the U.S. Departmenl 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. Al all times during the term ofthis Agreement, Contracior 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 Peirties must pay the prevailing wage rates.
(d)
Contractor must include provisions in all subcontracts requiring ils
Subcontractors to pay the Base Wage lo Covered Employees. Contractor agrees to provide the
City with documentation acceplable to the Chief Procurement Officer demonstrating that all
Covered Employees, whether employed by Contracior or by a Subcontractor, have been paid the
Base Wage, upon the City's request for such documentation. The City may independently audit
Contracior and/or Subcontractors lo verify compliance with this section. Failure to comply with
the requirements ofthis section will be an event of default under this Agreement, and further,
failure to comply may result in ineligibility for any award ofa City contract or subcontract for up
to 3 years.
(e)
Not-for-Profit Corporations: IfContractor is a corporalion having federal
tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under
Illinois not-for-profit law, then the provisions of Sections (a) through (d) above do not apply.
6.08
Deemed Inclusion
Provisions required by law, ordinances, mles, 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 lo insert the provisions before or after this Agreement
is signed prevent ils enforcement.
ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT
TO OFFSET, SUSPENSION
7.01 Events of Default Defined
The following consfitute events of default:
A.
Any material misrepresentation, whether negligent or willful and whether in the inducement
or in the performance, made by Contractor to the City.
B.
Contractor's material failure to perform any ofits obligations under the Agreement including,
but not limited to, the following:
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(1) failure to commence or ensure timely completion ofthe Services due to a reason or
circumstance within Contractor's reasonable control;
(2) failure lo perform the Services in a manner satisfactory to the City;
(3) failure td promptly re-perform within a reasonable time Services that were rejected as
erroneous or unsatisfactory;
(4) discontinuance ofthe Services for reasons within the Contractor's reasonable conlrol;
(5) failure to comply with a material term ofthis Agreement, including bul not limited to the
provisions conceming insurance and nondiscrimination; and
(6) any other acts specifically and expressly staled 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 Cily during the life ofthis Agreement. The Contractor acknowledges and agrees
that in the event ofa default under this Agreement the City may also declare a default under
any such other agreements.
7.02 Remedies
The occurrence ofany event of default which the Contractor fails lo cure within 30 calendar
days after receipt of notice specifying such default or which, if such event of default cannot
reasonably be cured within 30 calendar days after notice, the Contractor fails, in the sole opinion of
the Commissioner, to commence and continue diligent efforts to cure, permits the City lo declare the
Contracior in default. Whether to declare the Contractor in default is within the sole discretion of
the Commissioner Written notification ofthe default, and any intention ofthe City to terminate the
Agreement, shall beprovided to Contractor and such decision isfinaland 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 Cily. At such time the
City may invoke any legal or equitable remedy available to it including, but not limited to, the
following:
A.
The right lo take over and complete the Services or any part thereof as agent for and at the
cost ofthe 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 Cily under the
terms and conditions herein had the Contracior completed the Services.
B.
The right to terminate this Agreement as lo any or all ofthe Services yet to be perfonned,
effective at a fime specified by the City.
15192
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
C.
The right of specific performance, an injunction or any other appropriate equitable remedy.
D.
The right to money damages.
E.
The right to withhold all or any part of Contractor's compensation hereunder.
F.
The right lo deem Contractor non-responsible in future contracts lo be awarded by the City.
If the Cily considers il to be in ils best inierest, it may elect not to declare default or to
terminate this Agreement. The parties acknowledge that this provision is solely for the benefit ofthe
City and that if the Cily permits the Contractor to continue to provide the Services despite one or
more events of default, the Contractor is in no way relieved ofany ofits responsibilities, duties or
obligafions under this Agreement nor does the City waive or relinquish any ofits rights. No delay
or omission to exercise any right accruing upon any event of default impairs any such right nor shall
it be constmed as a waiver ofany 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.
7.03 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.
7.04 Suspension
The City may at any lime 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 ofsuch suspension shall be allowed. The Contractor shall
promptly resume ils 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.
7.05 No Damages for Delay
The Contracior agrees that il, ils members, if a partnership or joint venture and its
Subcontractors shall make no claims againsi the Cily for damages, charges, additional costs or hourly
fees for costs incurred by reason of delays or hindrances by the Cily in the performance of its
obligations under this Agreement.
7.06 Early Termination
In addition lo termination for default, the City may, at any time, elect to terminate this
12/17/2003
REPORTS OF COMMITTEES
15193
Agreement or any portion of the Services to be performed under il al the sole discretion of the
Commissioner by a written notice to the Contracior. Ifthe City elects lo 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 dale slated in the notice.
During the final ten days or other time period staled 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 ofthe 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
8.01 Entire Agreement
This Agreement, and <he 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 ujjon this Agreement that are not expressly
addressed herein.
8.02 Counterparts
This Agreement is comprised of several identical counterparts, each lo be fully executed by
the parties and each to be deemed an original having identical legal effect.
8.03 Amendments
No changes, amendments, modifications, or discharge ofthis 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.
15194
JOURNAL-CITY COUNCIL-CHICAGO
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8.04 Compliance with All Laws
The Contractor shall at all times observe and comply with all applicable laws, ordinances,
rules, regulations and executive orders ofthe federal, state and local govenunent, now existing or
hereinafter in effect, which may in any maimer affect the performance ofthis Agreement. Provisions
required by law, ordinances, rules, regulations, or executive orders to be inserted shall be deemed
inserted whether or not they appear in this Agreement or, upon application by either party, this
Agreement shall forthwith be amended to literally make such insertion; however, in no event shall
the failure to insert such provisions prevent the enforcement ofthis Agreement.
8.05 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
envirorunentally limited persons including, but not limited to the following: Americans with
Disabilifies Act of 1990,42 U.S.C. § 12101 et seq. and the Rehabilitafion Act of 1973, 29 U.S.C.
§§ 793-94. In the event that the above cited standards are inconsistent, the Contractor shall comply
vnth the standard providing greater accessibility.
If this Agreement involves design for constmction 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 envirorunentally limited persons including, but not limited to, the following:
Americans with Disabilifies 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 regulafions promulgated thereto at 111. Admin. Code til. 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. Ifthe Contracior 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.
8.06 Assigns
All of the terms and conditions of this Agreement shall be binding upon and inure to the
benefit ofthe parties hereto and their respective legal representatives, successors, transferees and
assigns.
8.07 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 ofthis Agreement, the Contractor shall make every
12/17/2003
REPORTS OF COMMITTEES
15195
effort to assure an orderly transition to another provider of the Services, if any, orderly
demobilization ofits operations in connection with the Services, unintermpted provision of Services
during any iransifion period and shall otherwise comply with reasonable requests ofthe Department
in connection with this Agreement's termination or expiration.
8.08 Severability
Ifany provision ofthis Agreement is held or deemed to be or shall in fact be inoperative or
unenforceable as applied in any particular case in any jurisdicfion or in all cases because it conflicts
with any other provision hereof or ofany constitution, statute, ordinance, mle of law or public policy,
or for amy 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 lo any extent. The invalidity of any one or more
phrases, sentences, clauses or sections herein shall not effect the remaining portions of this
Agreement or any part thereof
8.09 Interpretation
All headings in this Agreement are for convenience of reference only and do not defme or
limit the provisions thereof Words of gender are deemed to include correlative words ofthe 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 eunendments 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 zmy persons or entities succeeding to the rights, duties, and obligations of such persons or
entities in accordemce with the terms and conditions herein.
8.10 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 lo the Contractor's perfonnance,
the waiver, whether express or implied, applies only lo that particular instance and is not a waiver
forever or for subsequent instances ofthe performance, requirement or cohdilion. No waiver shall
be constmed as a modification of the Agreement regardless of the number of limes the City may
have waived the performance, requirement or condition.
8.11 Disputes
Except as otherwise provided in this Agreement, the Contracior shall and the SSAC may
bring any dispute conceming a question of fact arising under this Agreement that is not otherwise
disposed of lo the City's Chief Procurement Officer for decision based upon written submissions of
the parties. (A copy ofthe "Regulations ofthe Departmenl of Procurement Services for Resolufion
15196
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
of Disputes between Contractors and the City ofChicago" is available in City Hall, 121 N. LaSalle
Street, Room 301, Bid and Bond Room.) The Chief Procurement Officer will reduce his decision
to writing and fumish a copy of it to the Contractor and the SSAC. Such decision shall be final and
binding.
8.12
Contractor Affidavit
The Contractor must provide to the Cily, no later than thirty days after the end ofeach year,
a fiilly executed and notarized Affidavit certifying the expenditures for the prior year. The form of
this affidavit is attached as Exhibit 8 and incorporated by reference.
ARTICLE 9 NOTICES
Notices provided for herein shall be in writing and may be delivered personally or by United
States mail, first class, certified, retum receipt requested, with postage prepaid and addressed as
follows:
Ifto the City:
Special Service Area #24
Departmenl of Planning and 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 Streel
Chicago, Illinois 60602
Attention: Corporalion Counsel
Ifto Contractor:
DevCorp North .
1448 W. Howard Street
Chicago, IL 60626
Attention: Kimberiy Bares
Changes in the above-referenced addresses must be in writing and delivered in accordance with the
provisions of ihis 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.
12/17/2003
REPORTS OF COMMITTEES
15197
IN WITNESS WHEREOF, the Cily and the Contractor have executed this Agreement on
the dale first set forth above, at Chicago, Illinois.
Recommended by:
SSAC Chairperson
CITY OF CHICAGO
CONTRACTOR
By:
Commissioner, Department of
Planning and Development
By:
Approved as to form and legality
Attested By:
Ils:
Ils:
Assistant Corporation Counsel
State of
County of.
This instmment was acknowledged before me on
(dale) by
(name/s of person/s) as
(type of authority, e.g., officer, tmstee, etc.) of.
_(name of party on behalf of whom instmment was executed).
(Signature of Notary Public)
(Sub)Exhibits 1, 2, 3, 4, 5, 6, 7 and 8 referred to in this Service Provider
Agreement for Special Service Area Number 24 read as follows:
15198
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 1.
(To Service Provider Agreement For
Special Service Area Number 24)
2004 Scope Of Services
Special Service Area Number 24
DevCorp North.
Advertising And Promotion:
Develop and place banners on Morse/Glenwood/Clark Street.
Hold at least one (1) community market on Morse/Glenwood and six (6) sidewalk
sales per year in district.
Hold one (1) seasonal/cultural festival in district.
Provide music/entertainment at the festival and market.
Advertise in at least three (3) community publications.
Coordinate and promote special events and markets.
Facade/Storefront Improvements:
Improve the look of vacant storefronts through cosmetic decorations/art displays.
General Maintenance:
Provide sidewalk sweeping, cleaning and pressure washing.
Contract with a waste management provider for receptacles and pick-up service.
Maintain maintenance garage on Clark Street.
Landscaping Services:
Provide all landscaping services in district, including the selection of and planting
ofall materials, regular watering and weeding, and mulching and maintenance of
all trees along Clark/Morse/Glenwood.
12/17/2003
REPORTS OF COMMITTEES
15199
Coordinate replacement of trees and tree grates as needed.
Supervise landscaping and maintenance work in district.
Security Services:
Design and implement a public safety program for Clark/Morse/Glenwood that
involves business owners and residents working in concert with C.A.P.S. and 24'^
District Police.
Snow Plowing:
Provide snowplowing as needed.
Trainings
And
Participation:
Workshops
Involving
Resident/Business
Community
Collaborate with Latin American Chamber of Commerce (L.A.C.C.) and other
technical support providers to host at least one (1) technical assistance workshop
per quarter for local business owners.
Provide at least one (1) training on customer service for business owners.
Create agreement with L.A.C.C. to provide individual services to business owners,
such as business planning, M.B.E./W.B.E./D.B.E. certifications, and loan
packaging for greater access to credit and capital.
Administrative:
Maintain vacancy database and list of current businesses and property owners.
Advocate for additional needed garbage cans in district.
Recruit and attract new businesses for vacant spaces on Clark/Morse/Glenwood.
Coordinate and support commissioners meetings every two (2) months.
Develop and implement project and service budget, provide regular
reports.
financial
Provide timely dissemination of pertinent information to business and property
owners in district.
15200
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area Number 24)
Department Of Planning And Development Proposed
Special Service Area Budget.
(Page 1 of 2)
Special Service Area Name and Number: SSA #24. Clark Street
Designated Service Provider Organization: DevCorp North
Program Manager: Kimberiy Bares. Executive Director
Budget Period: From: January 1.2004
Item
Telephone:. (Omittedforprinting purposes)
To: December 31.2004
Carry-over
Year 2003
Levy
Total 2004
Budget
33,477
0
33,477
Facade/Storefront Improvement
0
0
0
General Maintenance of Areaincludes street/sidewalk cleaning
and scavenger services
36,817
0
36,817
Landscaping Services-includes
flower/tree planting services
13,732
0
13,732
Security Services
35,500
0
35,500
Snow Plowing
5,812
0
5,812
Training and Workshops Involving
Resident or Business Community
Participation
1,500
0
1,500
Other direct Special Services to the
Area (please specify):
0
0
0
Advertising & Promotion
12/17/2003
REPORTS OF COMMITTEES
15201
(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area Number 24)
Department Of Planning And Development Proposed
Special Service Area Budget.
(Page 2 of 2)
Year 2003
Levy
Item
Carry-over
Total 2004
Budget
Administrative Fee for
Managing SSA Program
90,409
0
90,409
Contingency Fund
for Uncollected Taxes
(5% of Budget-Recommended)
7% rate used
16,861
0
16,861
$234,108
TOTAL
$234,108
Total Operating Budget:
Estimated Tax Levy Rate:
"-H-
(DPD use only, do not fill in)
This budget is approved
by the Designated SSA Service Provider
Executive Officer of President:
l^^^to'^^OOAl^
Executive Officet^resident Signature
Executive Director
Title
Kimberiy Bares
(Print Name) Officer
October 2.2003
Date
15202
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 3.
(To Service Provider Agreement For
Special Service Area Number 24)
City Of Chiago
Economic Disclosure Statement And Affidavit.
The City of Chicago (the "City") requires disclosure of the information requested in this
Economic Disclosure Statement and Affidavit ("EDS") before any City agency, department or
City Council action regarding the matter that is the subject of this EDS. Please fully complete
each statement, with all information current as of the date this EDS is signed. If a question is
not applicable, answer with "N.A." An incomplete EDS will be returned and any City
action will be interrupted.
Please print or type all responses clearly and legibly. Add additional pages if needed, being
careful to identify the portion of the EDS to which each additional page refers.
WHO MUST SUBMIT AN EDS:
1.
Applicants: Any individual or entity (the" Applicant') making an application to the City
for action requiring City Council or other City agency approval mustfilethis EDS.
2.
Entities holding an interest in the Applicant Generally, whenever an ownership
interest in the Applicant (for example, shares 91 stock of the Applicant or a limited partnership
interest in the Applicant) is held or owned by a legal entity (for example, a corporation or
partnership, rather than an individual) each such legal entity must alsofilean EDS on its own
behalf, and any parent of that legal entity must do so until individual owners are disclosed.
However, if an entityfilingan EDS is a corporation whose shares are registered on a national
securities exchange pursuant to the Securities Exchange Act of 1934, only those shareholders
that own 10% or more of thatfilingentity's s*':'',k mt'st file EDSs or. their own behalf.
ACKNOWLEDGMENT OF POSSIBLE CREDIT AND OTHER CHECKS: By completing
and filing this EDS, the Undersigned acknowledges and agrees, on behalf of itself and the
entities or individuals named in this EDS, thatthe City may investigatethe creditworthinessof
some or all of the entities or individuals named in this EDS.
'CERTIFYING THIS EDS: Execute the certification on the date of the initial submission of this
EDS. You may be asked to re-certify this EDS on the last page as of the date of
submission of any related ordinance to the City Council, or as of the date of the
closing of your transaction.
12/17/2003
REPORTS OF COMMITTEES
15203
PUBLIC DISCLOSURE: It is the City's policy to make this document available to the
public on its internet site and/or upon requesL
GENERAL INFORMATION
Date this EDS is completed:
At;6>u^r 15 2<y)3
A.
Who is submitting this EDS? That individual or entity will be the
"Undersigned" throughout this EDS.
^
"^^^ 0)2.? ^lggr^4
NOTE: The Undersigned is the individual or entitysubmitting this EDS, whether the
Undersigned is an Applicant or is an entity holding an interest in the Applicant. This
EDS requires certain disclosures and certifications from Applicants that are not
required from entities holding an interest in the Applicant. When completing this EDS,
please observe whether the section you are completing applies only to Applicants.
^
Check here if the Undersigned is filing this EDS as an Applicant.
[]
Check here if the Undersigned is filing as an entity holding an interest in an
Applicant.
Also, please identify the Applicant in which this entity holds an interest:
B.
Business address of the Undersigned:
"bS^Gg.? bloe-TuCJAUOO^W^
(aOifli,
C.
(Omitted for printing
(Omitted for printing „
, ^,
^ i. ^
Telephone: purposes)
Fax: purposes)
Email: ^•^tscM-t^t? ^ft>I>^|y^(^4t^-gv*)
D.
Name of contact person:
E:
Tax identification number (optional):
\c>>-<q,ggi>| &A£e5
(Omitted for printing purposes)
15204
F.
JOURNAL-CITY COUNCIL-CHICAGO
Brief description of contract, transaction or other undertaking (referred to below as
the "Matter") to which this EDS pertains. (Include project number and location if
applicable):
^S*^
' G.
H.
I.
12/17/2003
'IcZH-
^ g
^T>*^.^'^(*•<..&«-.^
pp-
^4.«
Is The Maner a procurement? [ ] Yes
If a procurement. Specification #
Contract #
T-'-(
"q^TJ, .
•'^^->'^'\tr..i\-2.s^-r^i^'<^ «^-'
^No
and
.
If not a procurement:
1. City Agency requesting EDS:
.^<J->.
2. City action requested (e.g. loan, grant, sale of property):
3. if property involved, list property location:
SECTION ONE: DISCLOSURE OF OWNERSHIP INTERESTS
A.
NATURE OF ENTITY
1.
indicate whether the Undersigned is an individual or legal entity:
[ ] Individual
[ ] Limited Uability Company
i i Business corporation
[ ] Joint venture
[ ] Sole proprietorship
W Not-tor-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
MYes
[JNo
[ ] General partnership
[ j Other entity (please specify)
[ j Limited partnership
2.
State of incorporation or organization, if applicable:
3.
For legal entities not organizedin the State of Illinois: Is the organization authorized to
do business in the State of Illinois as a foreign entity?
[]Yes
[INo
ffN/A
REPORTS OF COMMITTEES
12/17/2003
B.
15205
ORGANIZATION INFORMATION
1.
IF THE UNDERSIGNED IS A CORPORATION:
a.
List below the names and titles of all executive officers and all directors of the
corporation. For not-for-profit corporations, also list below any executive director of the
corporation, and indicate all members, if any. who are legal entities. If there are no such
members, write "no members."
Titie
Name
g^fj-r<Ti«^<.
Se-f.
LUT
as
-l-r>HoLU^
DevCorp North Executive Officers and Directors
Kimberiy Bares
Dorothy Gregory
Tenley Clemente
Kevin 0' Neil
Thomas GitzGibbon
Rich Aronson
Glen Brooks
Steve Dorizas
David Fagus
Phillip Greiner
Gustavo Giraldo
Laurene Huffman
Michael James
Julian Mickelson
Matt Norkett
Mike Patton
Eric Waggoner
Executive Director
President of the Board of Directors
Vice President of the Board of Directors
Secretary of the Board of Directors
Treasurer of the Board of Directors
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
b(1). If the Matter Is a procurementand the Undersignedis a corporation whose Shares are
registered on a national securities exchange pursuantto the Securities Exchange Act of 1934,
please provide the following informationconcemingshareholders who own shares equal to or
in excess of 7.5% of the corporation's outstanding shares.
15206
JOURNAL-CITY COUNCIL-CHICAGO
Name
Business Address
12/17/2003
Percentage Interest
b(2). IftheMatterls nota procurement.and the Undersignedis a corporationwhose shares
are registered on a national securities exchange pursuant to tne Securities Excnange Act of
1934, please provide the following information concerning shareholders who own shares equal
to or in excess ot" 0% of the corporation's outstanding shares.
Nanne
'
Business Address
Percentage interest
u[±.
c.
For corporations that are not registered on a national securities exchange pursuantto
the Securities Exchange Act of 1934, list below the name, business address and percentage
of ownership interest of each shareholder.
Name
Business Address
tklA
Percentage Interest
.
2.
IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE;
For general or limited partnershipsor joint ventures: list belowthe name, business address
and percentage of ownership interest of each partner. For limited partnerships, indicate
whether each partner is a general partner or a limited partner.
Name
Business Address
Percentage Interest
u/fls
3.
a.
IF THE UNDERSIGNED IS A LIMITED LIABILITY COMPANY:
List below the name, business address and percentage of ownership interest of each
12/17/2003
REPORTS OF COMMITTEES
15207
(i) member and (ii) manager. If there are no managers, write "no managers," and indicate how
the company is managed.
Name
Business Address
Percentage Interest
VL/A
b.
List below the names and titles of all officers, if any. If there are no officers, write "no
officers."
Name
Title
4.
IF THE UNDERSIGNED IS A i m O TRUST, BUSINESS TRUST. ESTATE OR
OTHER SIMILAR ENTITY:
a.
List below the name and business address of each Individual or legal entity holding
legal title to the property that is the subject of the tmst.
Name
Business Address
\il(k
b.
List below the name, business address and percentage of beneficial interest of each
beneficiary on whose behalf title is held.
Name
Business Address
Percentage Interest
5.
IF THE UNDERS'^NED IS ANY OTHEriLEGAL ENTITY, first describe the entity, then
provide the name, business address, and the percentage of interest of all individuals or legal
entities having an ownership or other beneficial interest in the entity.
15208
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Describe the entity:
Name
Business Address
Percentage Interest
SECTION TWO: BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
A.
DEFINITIONS AND DISCLOSURE REQUIREMENT
1.
The Undersigned must indicate whether it had a "business relationship" with a City
elected official in the 12 months before the date this EDS is signed.
2.
Pursuant to Chapter 2 -156 of the Municipal Code of Chicago (the "Municipal Code"), a
"business relationship" means any "contractual or other private business dealing" ofan
official, or his or her spouse, or of any entity in which an official or his or her spouse has a
"financial interest," with a person or entity which entitles an official to compensation or payment
in the amount of $2,500 or more in a calendar year, but a Tinancial interest" does not include:
(i) any ownership through purchase at fair maricet value or inheritance of less than 1 % of the
shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of
the value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended, (ii) the authorized
compensation paid to an official or employee for his office or employment; (iii) any economic
benefit provided equally to all residents of the City; (iv) a time or demand deposit in a financial
institution; or (v) an endowment or Insurance policy or annuity contract purchased from an
insurance company. A "contractual or other private business dealing" does not include any
employment reiationsNp of an official's spouse with an entity when such spouse has no
discretion concerning or input relating to the relationship between that entity and the City.
B.
CERTIFICATION
1.
Has the Unuei'signtd had a "busihess relationship" with any City elected official in the
12 months before the date this EDS is signed?
[]Yes
liMo
12/17/2003
REPORTS OF COMMITTEES
15209
If yes, please identify below the name(s) of such City elected official(s) and describe
such relationship(s):
SECTION THREE: DISCLOSURE OF RETAINED PARTIES
A.
DEFINITIONS AND DISCLOSURE REQUIREMENTS
1.
The Undersigned must' disclose certain information about attomeys, lobbyists,
accountants, consultants, subcontractors, and any other person whom the Undersigned has
retained or expects to retain in connection with the Matter. In particular, the Undersigned must
disdose the name of each such person, his/her business address, the nature of the
relationship, and the total amount of the fees paid or estimated to be paid. The Undersigned
is not required to disclose employees who are paid solely through the Undersigned's regular
payroll.
"Lobbyist" means any person (i) who, for compensation or on behalf of any person other than
himself, undertakes to influence any legislative or administrative action, or (ii) any part of
whose duty as an employee of another indudes undertaldng to influence any legislative or
administrative action.
2.
Ifthe Undersignedis uncertain whethera disdosureis required underthis Section, the
Undersigned must eHher ask the City whether disclosure ie required or make the disclosure.
B.
CERTIFICATION
feA
Z-M^.
Each and every attomey, lobbyist, accountant consultant, subcontractor, or other person
retained or anticipated to be retained directly by the Undersigned with respect to or in
connectionwith the Matter is listed below [begin list here, add sheets as necessary]:
Name
(indicate
Business
Address
Relationship to Undersigned
(attomey, lobbyist, etc.)
Fees (indicate whether
paid or estimated)
whether
retained
or antidpated
to be retained)
dinHMTe-.-h
7 P M fSeavPS-l^ti'-c's fi^^c 3=**^ g-aj»>6uJFoe^pg. .rj!.^.:^vo»-x::,^L'Il-.feg'lgy •'?ooo
[ ] G HECK HERE IF NO SUCH INDMOUALS HAVE BEEN RETAINED BY THE U NDBRSXSNED OR ARE ANTICPA1S3TO
BERETAJNEDBYTHE UNOERSIGHED.
15210
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
SECTION FOUR: CERTIFICATIONS
L
CERTIFICATION OF COMPLIANCE
For purposes of the certifications in A, B, and C below, the tenm "affiliate" means any individual
or entity that, directly or indirectly: controls the Undersigned, is controlled by the Undersigned,
or is, with the Undersigned, under common control of another individual or entity. Indicia of
control include, without limitation: interiocking 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 the federal govemment or a state or local govemment, including the City, using
substantially the same management, ownership, or principals as the ineligible entity.
A.
The Undersigned is not delinquent in the payment of any tax administeredby the Illinois
Department of Revenue, nor are the Undersigned or its affiliates delinquent in paying anyfine,
fee, tax or other charge owed to the City. This includes all water charges, sewer charges,
license fees, parking tickets, property taxes or sales taxes. If there are any such
delinquencies, note them below:
U/A
If the letters 'NA," the word "None." or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
B.
The Undersigned and its affiliates have not, in the past five years, been found in
violation of any City, state or federal environmental law or regulation. If there have been any
such violations, note them below:
TT/A
If the letters "NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
C.
Ifthe Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor
permit their subcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in
connection with the Matter for the duration of time that such facility remains on the list.
D.
If the Undersigned is the Applicant, the Undersigned will obtain from any
contractors/subcontractors hired or to be hired in connection with the Matter certifications
12/17/2003
REPORTS OF COMMITTEES
15211
equal In fomn and substance to those in Section Four, I, (A-C) above and will not, without the
prior written consent of the City, use.any such contractor/subcontractorthat does not provide
such certifications or that the Undersigned has reason to believe has not provided or cannot
provide truthful certifications.
If the Undersigned is unable to make the certifications required in Section Four, paragraph I
(C) and (D) above, provide an explanation:
^/ft
If the letters "NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
II.
CHILD SUPPORT OBLIGATIONS - CERTIFICATION REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE
For purposes of this part, "Substantial Owner" means any individual who, directly or indirectly,
owns or holds a 10% or more interest in the Undersigned.A/ofe: This may include individuals
disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in
an EDS filed by an entity holding an interest in the Applicant.
If the Undersigned's response below is #1 or #2. then all of the Undersigned's Substantial
Owners must remain in compliancewith any such child support obligations until the Matteris
completed^ Failure of the Undersigned's Substantial Owners to remain in compliance with
their chiW support obligations in the manner set forth in either#1 or #2 constitutes an eventof
default.
Check one:
1.
No Substantial Owner has been declared in arrearage on any child support
obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of
competent jurisdiction.
2.
The Circuit Court of Cook County, Illinois or another Illinois court of competent
jurisdiction has issued an order dedaring one or more Substantial Owners in an-earage
on child support obligations. All such Substantial Owners, however, have entered into
court-approved agreements for the payment of all such child support owed, and all
such Substantial Owners are in compliance with such agreements.
3.
The Circuit Court of Cook County, Illinois or another Illinois court of competent
jurisdiction has issued an order dedaring one or more Substantial Owners in arrearage
on child support obligations and (a) at least one such Substantial Owner has not
15212
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
entered into a court-approved agreement for the payment of all such child support
owed; or (b) at least one such Substantial Owner is not in compliancewith a courtapproved agreement for the payment of all such child support owed; or both (a) and
(b).
t.
IIL
There are no Substantial Owners.
FURTHER CERTIFICATIONS
A.
The Undersigned and, if the Undersigned is a legal entity, its principals (officers,
directors, partners, members, managers, executive director):
t
B.
1.
are not presently deban-ed, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from any transactions by any federal, state
or local unit of govemment;
2.
have not, within a five-year period preceding the date of this EDS, been
convicted j f a criminal offense, adjudged guilty, cr hsfi a civil judgment
rendered against them in connection with: obtaining, attempting to obtain, or
pertorming a public (federal, state or local) transaction or contract under a public
transaction; a violation of federal or state antitmst 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 otherwise criminally or civilly charged by a
govemmental entity (federal, state or local) with commission of any of the
offenses enumerated in clause (A)(2) of this section;
4.
have not, within afive-yearperiod 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, in any criminal or
civil action instituted by the City or by the federal govemment, any state, or any
other unit of local govemment.
The certifications in subparts B and D concem:
• the Undersigned;
• any party participating in the performance of the Matter ("an Applicable Party");
• any "Affiliated Entity" (meaning an individual or entity that, directly or indirectly:
controls the Undersigned, is controlled by the Undersigned, or is, with the
Undersigned, under common control of another individual or entity. Indicia of control
Indude, without limitation: interiocking management or ownership; identity of
12/17/2003
REPORTS OF COMMITTEES
15213
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 state or local govemment, including
the City, using substantially the same m anagement, ownership, or principals as the
ineligibleentity); with respectto Applicable Parties, the tenn Affiliated Entity means
an individual or entity that directly or indirectly controls the Applicable Party, is
controlled by it, or, with the Applicable Party, is under common control of another
individual or entity;
any responsible official of the Undersigned, any Applicable Party or any Affiliated
Entity or any other official, agent or employee of the Undersigned, any Applicable
Party or any Affiliated Entity, acting pursuant to the direction or authorization of a
responsible official of the Undersigned, any Applicable Party or any Affiliated Entity
(collectively ^Agents").
•
Neitherthe Undersigned, nor any Applicable Party, nor any Affiliated Entity of either the
Undersigned or any Applicable Party nor any Agents have, during thefiveyears before
the date this EDS is signed, or, with respect to an Applicable Party, an Affiliated Entity,
or an Afflliated Entity of an Applicable Party during the five years before the date of
such Applicable Party's or Affiliated Entity's contract or engagement in connectionwith
the Matten
1.
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or
attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any
agency of the federal govemment or of any state or local govemment 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 or
collusion among bidders or prospective bidders, in restraint of freedom of
competition by agreement to bid afixedprice or otherwise; or
3.
made an admission of such conduct described in (1) or (2) above that is a
matter of record, but have not been prosecuted for such conduct; or
4.
violated the provisions of Section 2-92-610 of the Municipal Code (Living
Wage Ordinance).
C.
The Undersigned understands and shall complywith (1) the applicable requirements of
the Govemmental Ethics OnJinance ofthe City, Title 2, Chapter 2 -156 of the Municipal
Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code
(Office of the Inspector General).
D.
Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their
employees, offidals, agents or partners, is banedfiomcontracting with any unit of state
15214
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
or local govemment as a result of engaging in or being convicted of (1) bid-rigging In
violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3)
any similar offense of any state or of the United States of America that contains the
same elements as the offense of bid-rigging or bid-rotating.
E.
If the Undersigned is unable to certify to any of the above statements in this Part III, the
Undersigned must explain below:
JAk
If the letters "NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
ly,
CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
For purposes of this Part IV, under Section 2-32-455(b) of the Municipal Code, the term
"financial institution" means a bank, savings and loan assodation, thrift, credit union, mortgage
banker, mortgage broker, trust company, savings bank, investment bank, securities broker,
munidpal securities broker, securities dealer, municipal securities dealer, securities
underwriter, municipal securities underwriter, investment trust, venture capital company, bank
holding company,finandalservices holding company, or any licensee underthe Consumer
Installment Loan Act, the Sales Finance Agency Act, or the Residential Mortgage Licensing
Act. However, "finandal institution" specifically shall not include any entity whose predominant
business is the providing of tax deferred, defined contribution, pension plans to public
employees in accordance with Sections 403(b) and 457 of the Intemal Revenue Code.
[Additional definitions may be found in Section 2-32-455(b) of the Municipal Code.)
A.
CERTIFICATION
The Undersigned certifies that the Undersigned [check one]
^is
\ / is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
B.
If the Undersigned IS a financial institution, then the Undersigned pledges:
"We are not and will not become a predatory lender as defined in Chapter 2 -32
ofthe Municipal Code. Wefurtherpledgethatnoneof our affiliates is, and none
of them will become, a predatory lender as defined in Chapter 2-32 of the
Munidpal Code. We understand that becoming a predatory lender or becoming
an affiliate of a predatory lender may result in the loss of the privilege of doing
business with the City."
12/17/2003
REPORTS OF COMMITTEES
15215
If the Undersigned is unable to make this pledge because It or any of Its affiliates (as
defined in Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within the
meaning of Chapter 2 -32 of the Municipal Code, explain here (attach additional pages
if necessary):
If the letters "NA' the word "None," or no response appears on the lines above, it will be
conclusively presumed thai the Undersigned certified to the above statements.
y.
CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any v/ords cr terms that are defined in Chapter 2-156 ofthe Municipal Code have the same
meanings when used in this Part V.
1.
In accordance with Section 2-156-110 cf 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 ofany other person in the Matter?
[jYes
>JNo
NOTE: If you answered "No" to Item V(1), you are not required to answer Items V(2)
or (3) below. Instead, review the certification In item V(4) and then proceed to Part VI.
if you answered "Yes" to Item V(1), you must first respond to Item V(2) and provide
the infonnation requested in Item V(3). After responding to those items, review the
certification In Item V(4) and proceed to Part VI.
2.
Unless sold pursuant to a process of competitive bidding, 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 in the purchase of any property that (i) belongs to the City, or (ii) is sold for
taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City
(collectively, "City Property Sale"). Compensation for property taken pursuantto the
City's eminent domain power d oes not constitute afinancialinterest within the meaning
ofthis Partv.
Does the Matter involve a City Property Sale?
[jYes
[JNo
2.
If you answered "yes" to Item V(1), provide the names and business addresses of the
City offlcials or employees having such interest and iden^'fy the nature of such intb.ost: .
15216
JOURNAL-CITY COUNCIL--CHICAGO
Name
Business Address
12/17/2003
Nature of Interest
4.
The UndersignedfurthercertifiesthatnoprohibitedfinancialinterestintheMatterwill
be acquired by any City official or employee.
VL
CERTIFICATION REGARDING SLAVERY ERA BUSINESS
The Undersigned has searched any and all records of the Undersigned and any and all
predecessor entities for records of investments or profits from slavery, the slave industry, or
slaveholder insurance policies from the slavery era (including insurance policies issued to
slaveholders that provided coverage for damage to or injury or death of their slaves) and has
disclosed in this EDS any and all such records to the City. In addition, the Undersigned must
disclose the names of any and all slaves or slaveholders described in those records. Failure
to complywith these disclosure requirements may make the Matterto which this EDS pertains
voidable by the City.
Please check either (1) or (2) below, ifthe Undersigned checks (2). the Undersigned
must disclose below or in an attachment to this EDS all requisite information as set
forth in that paragraph (2).
V 1. The Undersigned verifies that (a) the Undersigned has searched any and all records
of the Undersigned and any and all predecessor entities for records of investments or profits
from slavery, the slave industry, or slaveholder insurance policies, and (b) the Undersigned
has found no records of investments or profits from slavery, the slave industry, or slaveholder
insurance policies and no records of names of any slaves or slaveholders.
2. The Undersigned verifies that, as a result of conducting the search in step (1)(a)
above, the Undersigned has found records relating to investments or profits from slavery, the
slave industry, or slaveholder insurance policies and/or the names of any slaves or
slaveholders. The Undersigned verifies that the following constitutesfull disclosure of all such
records:
12/17/2003
REPORTS OF COMMITTEES
SECTION FIVE:
I
CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS
CERTIFICATION REGARDING LOBBYING
A.
List belowthe names of all individuals registered underthe federal Lobbying Disdosure
Act of 1995 who have made lobbying contacts on behalf ofthe Undersigned with respect to the
Matter: [Begin list here, add sheets as necessary]:
Ki/tk
p f n o explanation appears or begins on the lines above, or if the letters "NA" or if the
word "None" appear, It will be conclusively presumed that the Undersigned means
that NO individuals registered under the Lobbying Disclosure Act of 1995 have made
lobbying contacts on behalf of the Undersigned with respect to the Matter.]
B.
The Undersigned has not spent and will not expend any federally appropriated funds to
pay any individual listed in Paragraph (A) above for his or her lobbying activitiesor to pay any
individual to influence or attempt to influence an officeror employee of any agency, as defined
by applicable federa! law, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress, in connection with the award of any federally funded
contract making any federally funded grant or loan, entering into any cooperative agreement,
orto extend, continue, renew, amend, or modify any federally funded contract, grant, ksan, or
cooperative agreement.
C.
The Undersigned 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 1(A) and 1(B) above.
If the Matter is federally funded and any funds other than federally appropriated funds have
been or will be paid to any individual for infliy^nc'ng or attempting to influLi <ce an officer or
employee of any agency (as defined by applicable federal law), a member of Congress, an
officeror employee of Congress, or an employee of a member of Congress in connection
with the Matter, the Undersigned must complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions. The form may
be obtained online from the federal Office of Management and Budget (OMB) web site at
http://www.whitehouse.qov/omb/Qrants/sflHin.Ddf. linked on the page
http://www.whitehouse.qov/omb/qrants/qrants fbrms.html.
15217
15218
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
D.
The Undersigned certifies that either (i) it is not an organization described in section
501(c)(4) of the Internal Revenue Code of 19B6; or (ii) it is an organization described in
section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not
engage in "Lobbying Activities".
E.
Ifthe Undersignedis the Applicant, the Undersignedmustobtaincertificationsequalin
form and substance to paragraphs 1(A) through 1(D) above from all subcontractors before it
awards any subcontract and the Undersigned must maintain all such subcontractors'
certifications for the duration of the Matter and must make such certifications promptly
available to the City upon requesL
II.
CERTIFICATION REGARDING NONSEGREGATED FACILITIES
A.
If the Undersigned is the Applicant, the Undersigned does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments, anditdoes not
and will not pennit its employees to perform their services at any location under its control
where segregated facilities are maintained.
"Segregated facilities," as used in this provision, means any waiting rooms, work
areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing provided for employees, that are segregated
by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or
national origin because of habit, local or employee custom, or otherwise.
However, separated or single-user restrooms and necessary dressing or sleeping areas must
be provided to assure privacy between the sexes.
B.
If the Undersigned is the Applicant and the Matter is federally funded, the Undersigned
will, before the award of subcontracts (if any), obtain identical certifications from proposed
subcontractors under which the subcontractorwill be subject to the Equal Opportunity Clause.
Contracts and subcontracts exceeding $10,000, or having an aggregate value exceeding
$10,000 in any 12-month period, are generally subjectto the Equal Opportunity Clause. Se&
41 CFR F^rt 60 for further information regarding the Equal Opportunity Clause. The
Undersigned must retain the certifications required by this paragraph (B) for the duration pf the
contract (if any) and must make such certifications promptly available to the City upon requesL
C.
Ifthe UndersignedistheApplicantandthe Matterisfederallyfunded,the Applicantwill
forward the notice set forth below to proposed subcontractors:
12/17/2003
REPORTS OF COMMITTEES
15219
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACIUTIES
Subcontractors must submit to the Contractor a Certification of Nonsegregated
Facilities before the award of &ny subcontract under which the subcontractorwill be
subject to the federal Equal Opportunity Clause. The subcontractor may submit such
certifications either for each subcontract or for all subcontracts during a period (e.g.,
quarterty, semiannually, or annually).
m.
CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Federal regulations require prospective contractors for federally funded Matters (e.g., the
Applicant) and proposed sulx»ntractorsto submit the foltowing infonnation with their bids or In
writmg at the outset of negotiations. (NOTE: This Part III is t o be completed only Ifthe
Undersigned is the Applicant.)
A.
B.
C.
Have you devekaped and do you have on file affinnative action programs pursuant to
applicable federal regulations? (See 41 CFR Part 60-2.)
IlYes
t]No
[]N/A
Have you partidpated in any prevwus contracts or subcontracts subject tothe
equal opportunify dause?
IlYes
HNo
[IN/A
Have you filed with the Joint Reporting Committee, the Directorof the Office of Federal
Contract Compliance Programs, ortiie Equal Empkiyment Opportunity Commission aii
reports due under the applicable filing requirements?
UYes
tJNo
[IN/A
SECTION SIX;
NOTICE AND ACKNOWLEDGMENT REGARDING
GOVERNMENTAL ETHICS AND CAMPAIGN FINANCE ORDINANCES
CITY
The City's Govemmental Ethics and Campaign Financing Ordinances, Chapters 2 -156and2164 of the Munidpal Code, impose certain duties and obligations on individuals or entities
seeking City contracts, work, business, or transactions. The Board of Ethics has developed
an ethics training program for such individuals and entities. The full text of these ordinances
and the training program is available on line at www.dtvofchicaoo.ora/Ethics/. and may also
t>e obtained from the City's Boart of Ethics, 740 N. Sedgwick SL, Suite 500, Chicago, IL
60610,
Telephone: ( O m i t t e d f o r p r i n t i n g p u r p o s e s ) .
15220
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
The f o l l o w i n g i s d e s c r i p t i v e o n l y and does n o t p u r p o r t t o cover
every a s p e c t of C h a p t e r s 2-156 and 2-164 of t h e Municipal Code.
The Undersigned must comply f u l l y w i t h t h e a p p l i c a b l e ordinsuices.
^
BY CHECKING THIS BOX THEUNDERSIGNED ACKNOWLEDGESTHAT
THE U N D E R S I G N E O UNDERSTANDS THAT TOE C r r Y S GOVERNMENTAL ETHICS AND
C AMPAIGN FINANCING ORDINANCES. AMONG OTHER THINGS'.
1)
Provide that any contract negotiated, entered into or performed in violation pf
the City's ethics laws can be voided by the City.
2)
Limit the gifts and favors any individual or entity can give, or offer to give, to any
City official, employee, contractor or candidate for elected City office or the
spouse or minor child of any of them, including:
a.
b.
any cash gift or any anonymous gift; and
any gift based on a mutual understanding that the City official's or
employee's or City contractor's actions or dedsions will be
influenced in any way by the gift.
3)
Prohibit any City elected offidal or City employee from having a finandal
interest, directly or indirectly, in any contrad. work, transaction or business ofthe
City, if that interest has a cost or present value of $5,000 or more, or if that
interest entitles the owner to receive more than S2,500 per year.
4)
Prohibit any appointed City offidal from engaging in any contract wori<.
transaction or business of the City, unless the matter is wholly unrelated to' the
appointed official's duties or responsibilities.
5)
Provide that City employees and officials, or their spouses or minor dilldren,
cannot receive compensation or anything of value In retum for advice or
assistance on matters conceming the operation or business of the City, unless
their services are wholly unrelated to their City duties and responsibilities.
6)
Provide that former City employees and officials cannoL for a period of one year
after their City employment ceases, assist or represent another on any matter
involving the City if. while with the City, they were personally and substantially
involved in the same matter.
0
12/17/2003
7)
REPORTS OF COMMITTEES
15221
Provide that former City employees and officials cannot ever assist or represent
another on a City contract if, v\rtiile with the City, they were personally involved in or
directly supervised the formulation, negotiation or execution of that contracL
SECTION SEVEN: CONTRACT INCORPORATION. COMPLIANCE. PENALTIES.
DISCLOSURE
The Undersigned 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 vnth respect
to the Matter. The Undersigned understands that it must comply with all statutes, ordinances,
and regulations on which this EOS is based.
B.
If the City determines that any information provided in this EDS is false, incomplete or
inaccurate, any contract or other agreement in connectran with which it is submitted may be
rescinded or be void or voidable, and the City may pursue any remedies underthe contractor
agreement (if not rescinded, void or voidable), at law, or in equity, induding tenninating the
Undersigned's participation in he Matter and/or declining to allow the Undersigned to
participate in other transactions with the City.
C.
Some or all of the information provided on this EDS and any attachments to this EDS
may be made available to the public on the IntemeL in response to a Freedom of information
Act request, or otherwise. By completing and signing this EDS, the Undersigned waives and
releases any possiblerightsor claims which it may have against the City in connedion 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.
D.
The Undersigned has not withheld or reserved any disclosures as to economic interests
in the Undersigned, or as to the Matter, or any infomiation, data or plan as to the intended use
or purpose for which the /^plicant seeks City Council or other City agency action.
E.
The information provided in this EDS must t>e kept cunent. In the event of changes, the
Undersigned must supplement this EDS up to the time the City takes action on the Matter.
JOURNAL-CITY COUNCIL-CHICAGO
15222
12/17/2003
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to
execute this EDS on behalf of the Undereigned. and (2) wamants that all certifications and
statoments contained in thie EDS are true, accurate and complete as of the date fumished to
the City.
l)g>/ U i j t^thgrty
Date:
(Print or lypi name ol individual or legal emiiy submtHing thic EOS)
l^/^t|o3
By:
^hoAH.
(Ugn nan)
M
Print or type name of signatory:
TWe of signatory:
J/j/oi
Subscribed to before me on [date] / / / / / / O S
•yiuj
Commission expires:.
/cP
/L>^ /o' 0 ^
..at.
Notary Public.
(jDOrd
County.
12/17/2003
REPORTS OF COMMITTEES
15223
(Sub)Exhibit 4.
(To Service Provider Agreement For
Special Service Area Number 24)
Contractor Insurance Provisions.
Special Service Area Number 24
DevCorp North.
The Contractor must provide and maintain at Contractor's own expense, during
the term of this Agreement, and during the time period following expiration if
Contractor is required to r e t u m and perform additional Services, the insurance
coverages and requirements specified below, insuring all operations related to the
Agreement.
A. Insurance To Be Provided.
1)
Workers' Compensation And Employer's Liability.
Workers' Compensation, as prescribed by
employees who are to provide a service
Employer's Liability coverage with limits of
Thousand Dollars ($100,000) each accident
2)
applicable law covering all
under this Agreement and
not less than One Hundred
or illness.
Commercial General Liability (Primary And Umbrella).
Commercial General Liability Insurance or equivalent with limits ofnot
less than One Million Dollars ($1,000,000) per occurrence for bodily
injury, personal injury and property damage liability. Coverage must
include the following: all premises and operations, products/completed
operations, separation of insureds, and contractual liability (with no
limitation endorsement). The City of Chicago is to be named as additional
insured on a primary, noncontributory basis for any liability arising
directly or indirectly from the Services.
3)
Automobile Liability (Primary And Umbrella).
When any motor vehicles (owned, non-owned and hired) are used in
15224
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
connection with work to be performed, the Contractor must provide
Automobile Liability Insurance with limits of not less than One Million
Dollars ($ 1,000,000) per occurrence for bodily injury and property damage.
4)
Professional Liability.
When any professional consultants (e.g., C.P.A.s, attorneys, architects,
engineers, construction managers) perform work in connection with this
Agreement, Professional Liability Insurance covering acts, errors, or
omissions must be maintained with limits of not less than Five Hundred
Thousand Dollars ($500,000). Coverage must include contractual liability.
When policies are renewed or replaced, the policy retroactive date must
coincide with, or precede, start of work on the Agreement. A claims-made
policy which is not renewed or replaced must have an extended reporting
period of two (2) years.
5)
Crime.
Contractor must be 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. The Contractor may self-insure for this
exposure.
B. Security Firms.
If the Contractor enters into a subcontract with a Security Firm, such Security
Firm must be certified by the State of Illinois and the Security Finn'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 Provisions set forth in (Sub)Exhibit 5 of this
Agreement, attached hereto and incorporated by references as though fully set forth
herein.
C. Other Requirements.
The Contractor will fumish the City of Chicago, Department of Planning and
Development, Community and Neighborhood Development, Room 1000, 121 North
LaSalle Street, 60602, original Certificates of Insurance evidencing the required
12/17/2003
REPORTS OF COMMITTEES
15225
coverage to be in force on the date of this Agreement, and Renewal Certificates of
Insurance, or such similar evidence, ifthe coverages have an expiration or renewal
date occurring during the term of this Agreement. The Contractor must submit
evidence of insurance on the City ofChicago Insurance Certificate of Coverage Form
(copy attached) prior to award ofthis Agreement. The receipt ofany 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 requirements ofthis Agreement. The failure of
the City to obtain certificates or other insurance evidence from Contractor m u s t not
be deemed to be a waiver by the City. The Contractor must advise all insurers of the
Agreement provisions regarding insurance. Nonconforming insurance must not
relieve Contractor of its obligation to provide insurance as specified herein.
Nonfulfillment of the insurance conditions may constitute a violation of the
Agreement, and the City retains the right to stop work until proper evidence of
insurance is provided, or the Agreement may be terminated.
The insurance must provide for sixty (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 bome by Contractors.
The Contractor agrees that insurers must waive their rights of subrogation against
the City ofChicago, its employees, elected officials, agents or representatives.
The coverages and limits fumished 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 the Contractor under the 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 Contract given as a matter of law.
The Contractor must require all subcontractors to provide the insurance required
herein, or Contractor may provide the coverage for subcontractors. All
subcontractors are subject to the same insurance requirements of Contractor unless
otherwise specified herein.
IfContractor, or its subcontractors, desire additional coverage, the party desiring
the additional coverages is responsible for the acquisition and cost.
15226
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
The City of Chicago Risk Management Department maintains the right to modify,
delete, alter or change these requirements.
[City of Chicago Insurance Certificate of Coverage Form referred
to in these Contractor Insurance Provisions
unavailable at time of printing.]
(Sub)Exhibit 5.
(To Service Provider Agreement For
Special Service Area Number 24)
Security Firm Insurance Provisions
Special Service Area Number 24
DevCorp North.
The Security Firm must provide and maintain at Security Firm's own expense,
until Contract completion, and during the time period following expiration if the
Security Firm is required to retum and perform additional Services, the insurance
coverages specified below, insuring all operations related to the Contract.
A. Insurance To Be Provided.
1)
Workers' Compensation And Employer's Liability.
Worker's Compensation, as prescribed by applicable law covering all
employees who are to provide a service under this Contract and Employer's
Liability coverage with limits of not less than Five Hundred Thousand
Dollars ($500,000) each accident or illness.
2)
Commercial General Liability (Primary And Umbrella).
Commercial General Liability Insurance or equivalent with limits of not
less than One Million Dollars ($1,000,000) per occurrence for bodily
injury, personal injury and property damage liability. Coverage must
12/17/2003
REPORTS OF COMMITTEES
15227
include the following: all premises and operations, products/completed
operations, separation of insureds and contractual liability (with no
limitation endorsement). The S.S.A.C, the City of Chicago and the
Contractor are to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the
work.
3)
Automobile Liability (Primary And Umbrella).
When any motor vehicles (owned, non-owned and hired) are used in
connection with work to be performed, the Security Firm must provide
Automobile Liability Insurance with limits of not less than One Million
Dollars ($ 1,000,000) per occurrence for bodily injury and property damage.
4)
Professional Liability.
Professional Liability Insurance covering acts, errors, or omissions must
be maintained with limits of not less than One Million Dollars
($1,000,000). Coverage must include contractual liability. 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. Other Requirements.
The Security Firm will fumish the contractor original Certificates of Insurance
evidencing the required coverage 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
Security Firm must submit evidence of insurance prior to Contract award. 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 ofthe Contractor to obtain certificates or other insurance
evidence from Security Firm must not be deemed to be a waiver by the Contractor.
The Security Firm must advise all insurers of the Contract provisions regarding
insurance. Nonconforming insurance must not relieve Security Firm of its
15228
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
obligation to provide insurance as specified herein. Nonfulfillment ofthe insurance
conditions may constitute a violation ofthe Contract, and the Contractor retains the
right to stop work until proper evidence of insurance is provided, or the Contract
may be terminated.
The insurance must provide for sixty (60) days prior written notice to be given to
the Contractor in the event coverage is substantially changed, canceled, or nonrenewed.
Any deductibles or self-insured retentions on referenced insurance coverages must
be bome by Security Firm.
The Security Firm agrees that insurers must waive their rights of subrogation
against the Contractor and the City of Chicago, its employees, elected officials,
agents, or representatives.
The coverages and limits fumished 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 must 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.
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 herein.
If Security Firm desires additional coverages, the Security Firm and each of its
subcontractors desiring the additional coverages is responsible for the acquisition
and cost.
The Contractor maintains the right to modify, delete, alter or change these
requirements.
15229
REPORTS OF COMMITTEES
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 1 of 9)
Cook County Prevailing Wage For November, 2007.
Trade Name
ASBESTOS ABT-GEN
ASBESTOS ABT-MEC
BOILERMAKER
BRICK MASON
CARPENTER
CEMENT MASON
CERAMIC TILE FNSHER
COMM. ELECT.
ELECTRIC PVJR EQMT OP
ELECTRIC PWR GRNDMAN
ELECTRIC PWR LINEMAN
ELECTRICIAN
ELEVATOR CONSTRUCTOR
FENCE ERECTOR
GLAZIER
HT/FROST INSULATOR
IRON WORKER
LABORER
LATHER
MACHINIST
MARBLE FINISHERS
MARBLE MASON
MILLWRIGHT
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
ORNAMNTL IRON WORKER
RG TYP„C Base
ALL
BLD
BLD
BLD
ALL
ALL
BLD
BLD
ALL
ALL
ALL
ALL
BLD
ALL
BLD
BLD
ALL
ALL
BLD
BLD
ALL
BLD
ALL
BLD
BLD
BLD
BLD
FLT
FLT
FLT
FLT
HWY
HWY
HWY
HWY
HWY
ALL
29.000
23.300
35.600
30.550
33.320
34.000
24.450
29.940
33.000
25.740
33.000
33.650
35.655
23.540
29.000
30.450
32.580
29 000
33 320
33 230
24 050
30 550
33.320
35.700
34.400
31.850
30.100
38.350
36.850
32.800
27.300
33.900
33.350
31.300
29.900
28.700
30.850
FRMAN •M-F>B OSA OSH H/W
29 ,750
24 .800
3B .800
32 ,550
34 .820
35.000
0.000
32.340
38.450
38.450
38.450
36.150
40.110
24.790
30.000
32.200
34.080
29.750
34.820
34.980
26.050
32.550
34.820
39.700
39.700
39.700
39.700
38.350
38.350
38.350
38.350
37.900
37 .900
37 ,900
37 .900
37 ,900
32 .600
2.0
2.0
1.5
Pensn
Vac
4.170
3.640
4.550
4.950
4.930
5.080
4.750
5.100
5.570
4.350
5.570
7.450
5.775
6.000
5.340
810
000
170
930
200
470
4.950
4.930
5.700
5.700
5.700
5.700
5.400
5.400
5.400
5.400
5.700
3.380
5.520
5.690
5.860
4.140
750
950
240
770
060
770
980
880
320
7.900
B 010
9 660
380
140
600
860
5.860
4.140
4.500
4.500
4.500
4.500
4.250
4.250
4.250
4.250
4.500
0.000
0.000
0.000
000
000
000
000
000
000
000
000
000
140
000
0.000
0.000
000
000
000
290
000
000
000
800
1.800
5.700
5.700
5.700
1.5 2.0 5 . 7 0 0
2.0 2.0 6 . 0 0 0
4.500
4.500
4.500
4.500
7.870
1.800
1.800
1.800
1.800
0.000
2.0
2.0
2.0
2.0
2.0
2.0
2.0
1.5 2.0
1.5 2.0
2.0
2.0
2.0
2.0
2.0
2.0
1.5 2.0
1.5
1.5
2.0
2.0
2:0
2.0
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
1.800
1.800
1.700
1.700
1.700
1.700
1.800
Trng
0.170
0.000
0.210
0.550
0.440
0.150
0.210
0.700
170
120
170
750
000
000
400
230
0.270
0.170
0.440
0.000
0.550
0.550
0.440
0.550
0.550
0.550
0.550
.000
.000
.000
.000
550
0.550
O.SSO
0.550
0.550
0.750
JOURNAL-CITY COUNCIL-CHICAGO
15230
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 2 of 9)
Cook County Prevailing Wage For November, 2007.
RG TYP,•c Base
Trade Mame
FRMAN * M- F>e OSA OSH H/H
Pensn
Vac
Trng
1
FAIHTER
PAINTER SIGNS
PILEDRIVER
PIPEFITTER
PLASTERER
PLUMBER
ROOFER
SHEETMETAL WORKER
SION HANGER
SPRINKLER FITTER
STEEL ERECTOR
STONE MASON
TERRAZZO FINISHER
TERRAZZO MASON
TILE MASON
TRAFFIC SAFETY WRKR
TRUCK DftlVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TUCKPOINTER
ALI
BLD
ALT.
E
E
E
E
H
W
H
W
BLD
BLD
BLD
BLD
BLD
BLD
BLD
ALL
BLD
BLD
BLD
BLD
HWY
ALL
ALL
AIX
ALL
AT.T.
ALL
ALL
ALL
BLD
1
2
3
4
1
2
3
4
31. 350
25.,530
33.,320
34. OOO
29..990
36.,000
30..850
30..730
22..530
33 .700
32 .580
30..550
25..140
29..050
2$ ,450
22 .050
26 .900
27 .150
27 .350
27 .SSO
27 .500
27 .650
27 .850
28 .050
32 .200
35. 260
28. 660
34. 820
36.,000
30. 990
38.,000
32..850
33 .190
23..380
35 ,500
34..080
32..550
0,.000
30,.550
31 .850
23 .550
27 .550
27 .550
27 .550
27 .550
28 .050
28 .050
28 .050
28 .050
33 .200
5
,5
,5
.5
.5
.5
.5
.5
.5
2 .0
2 .0
1..5
2 .0
2..0
2 .0
.5
.5
.5
.5
.5
.5
.5
.5
.5
.5
,5
,5
,5
.5
.5
.5
.5
,5
.5
.0
.0
.5
,5
.5
.5
.5
.5
.5
.5
.5
,5
,5
.5
.5
.5
B ( ~
———^—
1.,5
1..5
2.,0
2..0
2.,0
2..0
2..0
2 .0
2,.0
2 .0
2 .0
2 .0
2 .0
2 .0
2 .0
2 .0
2 .0
2..0
2..0
2..0
2 .0
2 .0
2 .0
2 .0
2 .0
4. 700
2.,600
4.,930
5.,720
4..500
5..100
4..120
4,.310
3,.730
6 .600
6 .000
4,.950
5 .450
5 .450
4 .750
2 .478
4 .200
4..200
4.,200
4 .200
4 .200
4 .200
4 .200
4 .200
3 .760
4. 400 0.000
2. 040 0.000
4. 140 0.000
5. 350 0.000
5. 450 0.000
3. 040 0.000
2..460 0.000
6..790 0.000
1,.890 0.440
5 .000 0.000
9 .660 0.000
5 .860 0.000
4..630 0.000
5 .550 0.000
4..750 0.000
1..800 0.000
3 .200 0.000
3..200. 0.000
3..200 0.000
3,.200 0.000
3,.100 0.000
3 .100 0.000
3 ;100 0.000
3 .100 0.000
5 .340 0.000
Legend:
M-F>B (Overtime is required for any hour greater than 6 worked
each day, Honday through Friday.
OSA
(Overtime is required for every hour worked on Saturday)
OSH
(Overtime iG required for every hour worked on Sunday and Holidays)
H/W
(Health I, Welfare Insurance)
Pensn (Pension)
Vac (Vacation)
Trng (Training)
0.340
0.000
0.440
0.000
0.400
0.390
0.320
0.490
0.000
0.450
0.270
0.550
0.200
0.160
0.430
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.580
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 3 of 9)
Explanations.
COOK COUNTY
TRUCK DRIVERS (WEST) - That part of the county West of Barrington
Road.
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial/Decoration
Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day,
Christmas Day. 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 such as the day after Thanksgiving for Veterans Day.
If in doubt, please check with IDOL.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material from any place in a
building, including mechanical systems where those mechanical systems
are to be removed. This includes the removal of asbestos materials
from ductwork or pipes in a building when the building is to be
demolished 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
15231
15232
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 4 of 9)
Explanations.
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,
ecjuipment, 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 eguipment, 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 eguipment, 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 ecjuipment, 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 ecjuipment 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 mateiral that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble.
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 5 of 9)
Explanations.
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 installatin 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 experiors 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 experior
which sare installed in a similar manner.
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.
i
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, cuid the installation and removal of temporary road signs.
TRUCK DRIVER - BUILDING, HEAVY"AND HIGHWAY CONSTRUCTION - EAST t WEST
Class 1. Two or three Axle Trucks. A-frame Truck when used for
trauisportation 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;
15233
15234
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 6 of 9)
Explanations.
Slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled
dumpman; and Truck Drivers hauling waming 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 ecjuipment 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 ecjuipment 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 ecjuipment like P.B. and trucks with scoops on the front.
OPERATING ENGINEERS - BUILDING
Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde;
Backhoes with Caisson attachment; Batch Plant; Benoto; 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 Paver; Concrete
Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted);
Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and
similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All;
Derricks, Traveling; Formless Curb and Gutter Machine; Grader,
Elevating; Grouting Machines; 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 ecjuipment); Locomotives, All; Motor Patrol; Pile
Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 7 of 9)
Explanations.
Cretes Dual Ram; Pump Cretes; Scjueeze Cretes-screw Type Pumps; Raised
and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn;
Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and
Side Boom; Trenching Machines.
Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom,
All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift
Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic;
Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine;
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 Ecjuipment Operator;
Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat
Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting,
and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4
small Electric Drill Winches; Bobcat (up to and including 3/4 cu.
yd.).
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick
Forklift.
OPERATING ENGINEERS - FLOATING
Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer
(hydraulic dredge).
Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer
(hydraulic dredge), leverman (hydraulic dredge), and diver tender.
Class 3. Deck ecjuipment operator (machineryman), maintenance of crane
(over 50 ton capacity) or backhoe (96,000 pounds or more), tug/launch
operator, loader, dozer and like ecjuipment on barge, breakwater wall,
slip/dock or scow, deck machinery, etc.
Class 4. Deck ecjuipment operator (machineryman/fireman), (4 equipment
units or more) and crane maintenance 50 ton capacity and under or
backhoe weighing 96,000 pounds or less, assistant tug operator.
OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer
15235
15236
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 8 of 9)
Explanations.
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, Hammerhead, Linden, Peco &
Machines of a like nature; Crete Crane; Crusher, Stone, etc.;
Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine
with Air Compressor; Dredges; Field Mechanic-Welder; Formless Curb and
Gutter Machine; Gradall and Machines of a like nature; Grader,
Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form
Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted;
Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with
shear attachments; Mucking Machine; Pile Drivers and Skid Rig;
Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid
Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver;
Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic
Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached
pusher - two engineers); Tractor with Boom; Tractaire with
Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom;
Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring
and/or Mining Machines; 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,
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor
Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist
- Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments);
Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Scjueeze
Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt;
Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone,
etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size);
Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc,
Compactor, etc.; Tug Boats.
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 24)
Prevailing Wages.
(Page 9 of 9)
Explanations.
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.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep
Diggers; 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 Ecjuipment Operator;
Directional Boring Machine; Generators; Heaters, Mechanical;
Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); HydroBlaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not
to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding
Machines (2 through 5); Winches, 4 Small Electric Drill winches.
Class 5.
Bobcats (all); Brick Forklifts, Oilers.
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
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 recjuires these, or any classification not
listed, please contact IDOL at 618/993-7271 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 ecjuipment 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.
15237
15238
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 7.
(To Service Provider Agreement For
Special Service Area Number 24)
Performance Bond Form.
^nnfn ^ i ^ e n bg t[\tit p r e s e n t s ,
That we.
Principal, hereinafter refened to as Coninictor, and
, Surety
ofthe County of Cook and State of niinois, are held and finnly bound unto the CITY OF CHICAOO in the penal sum of
lawful money of the United States, for the payment of which sum of money, well and tnily to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jinntly and severally, firmly by these presents.
^t&lth
with our seals and dated this
day of
A.D., 20
^l;e (UDnbtHnn of life ^ a i x t dbltgalton is 9ucl{,
That whereas the above bounden Contiactor bas entered into a certain contract with the CITY OF CHICAGO, bearing
Contract No.
and Specnfication No.
all in confoimity with said connact, for.
The said contract is incorporated herein by reference in its entirety, including without hmitalion, 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 Documentis comprising said contract, and in thc time and manner therein prescribed, and
further shall save, indenmify, 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 inay result from strict liability, or which may in anywise result from any injuhes to, or death of, any
peison, or damage to any real or personal property, arising directly or indirectly from or in connection with, work performed or to be
12/17/2003
REPORTS OF COMMITTEES
15239
performed under said contract by said Contractor, its Agents, Employees or Workmen, assignees, subcontractois, or anyone else, in any
Inspect whatever, or which may result on account of any infringement of any patent by reason of the matenals, 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 coun 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 Agem Shall have elected to suspend or cancel the same, and shall pay
all claims and demands whatsoever, which may accnie to each and every materialman and subcontractor, and to each and every person
who sball be employed by the said Contractor or by its assignees and subcontractors, in or about the performance of said ccmtract, 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 Worken" Compensabon Acu 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 undeisttxid 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 accnie against said City
as a consequence of Ihe granting of said contract, or which may in anywise result therefrom, or which may in anywise result faom any
injuries to, or death of, any person, or damage to any real or personal propeny, arising directly or indirectly from, or in connection with,
work perfonned, or to be performed under said contract by said Contractor or its agents, employees or workmen, assignees, subcontractois, or anyone else and also any decision of die IndusDial Commission of the State of Illinois, and any order of coun based upon such decision, or judgement thereon, rendered against said Oty 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 Conn-actor, shall be conclusive against each and all parties
to this obUgation, as to amount, Uability and all other things penaining thereto.
*
Every peiscm furnishing inaterial or performing labor in the perfoimance 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, certiRed by the party or panics in whose charge this bond shall be, which copy shall be, unless
execution thereof lie denied under oath, prima facie evidence of the execution and deUvery of the original; provided, that nothing in this
bond contained sball be taken to make the Qty of Chicago Uable to any subcontractor, materialman, laborer or to any other person to any
greater extent than il would have been Uable prior to die enactment of the PubUc Construction Bond Act, 30 ILCS SSO, as amended;
provided fiirther, that any peison having a claim for-labor and materials fiimished in the peifoimance of this contiact 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 vnthin 180 days after the date of the
last item of wotk or the fiimishing of Ihe last item of materials, and shaU have fiunished a copy of such verified notice to the contractor
within 10 days of the filing of the notice with the City of Chicago. Sucb claim shall be verified and shall contain the name and address of
the claimant, the business addiess of the claimant within the State of DUnois, if any, or if the claimant be a fcneign coiporation having no
place of business with the Stale the principal place of business of said corporation, and in all cases of paitnenhip the names and residences
of each of the paitners, the name of the contiactor for the Cily of Chicago, the name of the peison, 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 die pubUc
improvement for the construction or instaUation of which the contract is to be perfoimed. Piovided, fiiither, that no defect in the notice
herein provided for shall deprive Ihe claimant of his right of action under the lerms and provisions of this bond unless it shall affiimatively
appear that such defect has prejudiced die 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 Ihe last item of work or of the furnishing of the Ust item of
material, except in cases where the fmal settlement between the City of Chicago and thc Contraaor shall have been made prior to the
expiration of the 120 day period in wtiich case action may be taken immediately following such final settlement, and provided, fiirther, that
no action of any kind shall be brought later than six (6) months after the acceptance by die Qty of Chicago of Che completion of work.
Any suit upon this bond shall be brought only in a circuit coun of the State of DUnois in Ihe judicial cUstrict in which die contract shall have
been performed.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or adcUtion lo the terms
of any of the Contract Documents comprising said contract, or to the work to be perfonned thereunder, shall in anyvrise affect the
obUgations on Ihis bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the teims of said
Contract Documents oi to the woik.
JOURNAL-CITY COUNCIL-CHICAGO
15240
12/17/2003
(Seal)
.20_
Approved.
(Seal)
(Seal)
Purchasiiig Agent
(Seal)
Approved as lo forni and legality:
(Seal)
)
(Seal)
Assistant Corporation Counsel
STATE OF ILLINOIS,
COUNTY OF COOK.
!•} ss.
I,
, a Notary PubUc in and for the County and State
aforesaid, DO HEREBY CERTIFY that_
President and
. Secretary of the_
Z
o
who are peisonally known to me to be the same peisons whose names are subscribed in the foregoing instrument as
such.
. President and_
. 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 coiporate seal of said Company to be thereto attached.
tb
GIVEN under my hand and Notarial Seal this
\
day of
Notary PubUc
20_
12/17/2003
REPORTS OF COMMITTEES
15241
(^ STATE OF ILLINOIS,"!
COUNTY OF COOK, J
, a Notary PubUc in and for the County and State
aforesaid, DO HEREBY CERTIFY that.
. of the_
o
to be the same person.
O
. whose name_
. personally known
_who_
. subscribed ui the foregoing instrument as such_
i_, appeared before me this day in penon and acknowledged that.
u
signed, sealed and deUvered the said instrument of writing as_
H
_free and voluntary act. and as the free
and voluntary act of the said.
for Ihe uses and puiposes theiein set forth, and caused the coiporate seal of said Company to be thereto attached.
Oi
tn
GIVEN under my hand and Notarial Seal
tiiis
day of
20_
Notary PubUc
\
^ STATE OF ILLINOIS,"!
COUNTY OF COOK, J
I,.
. a Notary PubUc in and for the County and Stale
afotesaid, DO HEREBY CERTIFY dial
who
personally known to me to be the same persons whose name.
insnuinent, appeared before me this day in person and acknowledged that
th
said instniment of writing as
.subscribed in the foregoing
he
signed, sealed and deUvered lhe
free and voluntiiry act, for the uses and puiposes therein set foith.
GIVEN under my hand and Notarial Seal this
day of
Notary PubUc
20
15242
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 8.
(To Service Provider Agreement For
Special Service Area Number 24)
Contractor Affidavit.
Contractor Name:
Special Service Area Number:
Agreement ("Agreement"):
Agreement between the City of Chicago and
, relating to the provision of special services.
dated,
Affidavit.
The undersigned,
, as
, and on
behalf of
, having been duly swom under oath, certifies that
in the year
, it performed all of the Services described in
(Sub)Exhibit 1 ofthe Agreement in accordance with the terms ofthe Agreement and
that it spent all funds obtained from the City in connection with that Agreement on
the Services described in (Sub)Exhibit 1.
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 T5rpe)
12/17/2003
REPORTS OF COMMITTEES
15243
State of
County of_
Swom to and acknowledged before me by
as
[title] of
this
day of
, 20 .
[name of signatory]
[name of contracting party]
Signature of Notary
AUTHORIZATION FOR ESTABLISHMENT OF SPECIAL SERVICE
AREA NUMBER 2 5 , IMPOSITION OF TAX LEVY, APPROVAL
OF 2 0 0 4 BUDGET AND EXECUTION OF SERVICE
PROVIDER AGREEMENT.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration an ordinance
authorizing the establishment of Special Service Area Number 25, the imposition of
a tax levy, the approval ofthe 2004 budget and the execution ofa service provider
agreement for Special Service Area Number 25, amount to be levied: $170,000,
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 the members of the
Committee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
15244
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
On motion of Alderman Burke, the said proposed ordinance transmitted with the
foregoing committee report was Passed by yeas and nays as follows:
Yieas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
The following is said ordinance as passed:
WHEREAS, Special service areas may be established pursuant to Article VII,
Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the
provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the "Act")
and pursuant to the Revenue Act of 1939, 35 ILCS 2 0 5 / 1 , et seq. (the "Revenue
Act") as amended from time to time; and
WHEREAS, The City Council ofthe City ofChicago (the "City Council") determines
that it is in the best interests ofthe City ofChicago (the "City") to establish a special
service area to be known and designated as Special Service Area Number 25 (the
"Area") to provide certain special govemmental services in addition to services
provided generally by the City, all as further provided in this ordinance (the "Special
Services"), and further determines to authorize the levy of an annual ad valorem
real property tax, for a period of ten (10) years in the Area sufficient to produce
revenues required to provide those Special Services (the "Services Tax"); and
WHEREAS, The City Council desires to authorize the execution of an agreement
with a service provider for the provision of the Special Services in and for the Area
in fiscal year 2004; 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:
12/17/2003
REPORTS OF COMMITTEES
15245
(a) the Area, as established by this ordinance, consists of contiguous territory
in the City;
(b) the City Council adopted an ordinance on September 4, 2003 authorizing a
public hearing (the "Public Hearing") to consider the establishment ofthe Area and
the levy of the Services Tax on the taxable property located in the Area to provide
the Special Services;
(c) notice of the Public Hearing was given by publication at least once not less
than fifteen (15) days prior to the hearing in the Chicago Sun-Times, a newspaper
published in and of general circulation within the City, and notice of the 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
(10) days prior to the time set for the Public Hearing. For any properties for which
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;
(d) the notice complied with all of the applicable provisions of the Act;
(e) the Public Hearing was held on September 26, 2003 by the Committee on
Finance ofthe 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 written objections on such
issues;
(f) the Committee on Finance of the City Council has heard and considered all
ofthe 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 establish the Area and to authorize the levy of the
Services Tax, all as provided in this ordinance;
(g) the Public Hearing was finally adjourned on September 26, 2003;
(h) the sixty (60) day period as described in Section 27-55 of the Act, in
which an objection petition to this ordinance may be filed, commenced on
September 26, 2003; and
15246
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(i) the City Council hereby finds and determines that it is in the best interests
of the City that the Area be established and the Services Tax be authorized, all as
set forth herein.
SECTION 3. Area Established. There is hereby established a special service
area located within the City to be known and designated as City of Chicago Special
Service Area Number 25. The approximate street location of said territory consists
ofthe territory of both sides of West 26"* Street from South Califomia Avenue west
to the east line of the Belt Railroad near the City limits. A legal description of the
Area is attached as Exhibit 1 hereto and hereby incorporated herein. A map of the
Area is attached as Exhibit 2 hereto and hereby incorporated herein. A list of
permanent index numbers for the properties in the Area is attached hereto as
Exhibit 3 and hereby incorporated herein.
SECTION 4. Special Services Authorized. The Special Services authorized
hereby include: maintenance and beautification activities including, but not limited
to, snow removal and sidewalk cleaning; support, retention and promotion of
existing businesses within the Area; coordinated marketing and promotional
activities; strategic planning for the general development of the Area; security,
including, but not limited to, the development of safety programs; parking
management research, including initiation of shuttle bus transit service;
development of financing local facade improvement program; and other technical
assistance activities to promote commercial and economic development, including,
but not limited to, streetscape improvements, strategic transit/parking
improvements including parking management studies, and enhanced land-use
oversight and control initiatives (collectively, the "Special Services"). The Special
Services shall be in addition to services provided to and by the City of Chicago
generally.
•
SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in
each year beginning in 2003 through and including 2012 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 the sum of forty-five onehundredths of one percent (0.45%) of the 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 Revenue Act.
The levy of the Services Tax for each year shall be made by annual ordinance,
commencing with this ordinance.
SECTION 6. Appropriations. Based on the recommendation of the Department
ofPIanning and Development, there is hereby appropriated the following s u m in the
amount and for the purposes necessary to provide the Special Services in and for
the Area indicated as follows:
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15247
Special Service Area Number 25
Special Service Area Budget.
For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004.
Expenditures
Service Provider Agreement
for the provision of Special
Services
$170,000
TOTAL BUDGET REQUEST:
$170,000
Source Of Funding
Tax levy at a rate not to exceed
forty-five one-hundredths of
one percent (0.45%) of the
assessed value, as equalized,
of taxable property within
Special Service Area Number 25
$170,000
SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions
of Article VII, Sections 6(a) and 6(1)(2) ofthe Constitution ofthe State oflllinois and
pursuant to the provisions of the Act and pursuant to the provisions of this
ordinance, the sum of One Hundred Seventy Thousand Dollars ($170,000) as the
amount of the Services Tax for the tax year 2003.
SECTION 8. Commission Authorized. There is hereby established the Little
Village Special Service Area Commission (the "Commission") which shall consist
of nine (9) members. The Mayor, with the approval ofthe City Council, shall appoint
the initial Commission members from a list of nominees submitted by the Little
Village — 26'*' Street Area Chamber of Commerce, an Illinois not-for-profit
corporation (the "Organization"). Of the initial Commission members, five (5)
members shall be appointed to serve for two (2) year terms, and four (4) shall be
appointed to serve for one (1) year terms. Upon the expiration of the term of any
Commission member, the Mayor, with the approval of City Council, shall appoint
a successor Commission member from a list of nominees submitted by the
Organization. Other than the initial Commissioners, each Commission member
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
shall be appointed to serve for a term of two (2) years and until a successor is
appointed. In the event of a vacancy on the Commission due to resignation, death,
inability to serve, removal by the Mayor or other reason, the Mayor, with the
approval of City Council, shall appoint a successor from a list of nominees
submitted by the Organization. Each successor so appointed shall serve for the
remaining term for which h e / s h e was appointed. The Commission shall designate
one (1) member as the chairman of the Commission, and h e / s h e shall serve not
more than two (2) successive two (2) year terms. The Commission may establish
bylaws for its procedural operation.
The Commission shall have the powers delegated to it in Section 9 hereof. The
terms and powers of the Commission members shall cease upon the termination of
the time period for which the levy of the Services Tax is authorized. The members
of the Commission shall serve without compensation.
SECTION 9. Powers Of The Commission. The Commission is hereby granted
the following powers:
(a) to recommend the rate or amount of the Services Tax and an annual budget
to the City Council;
(b) to recommend a sole service provider contract, including a scope of services
and a contractor therefor, to the City Council for the provision of the Special
Services.
SECTION 10. Service Provider Agreement. The Commissioner of the
Department ofPIanning and Development (the "Commissioner"), or a designee of
the Commissioner, are each hereby authorized, subject to approved by the
Corporation Counsel as to form and legality, to enter into, execute and deliver an
agreement with the Organization, in substantially the form attached hereto as
Exhibit 4 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 ofthe Service Provider Agreement, with such changes,
deletions and insertions as shall be approved by the persons executing the Service
Provider Agreement.
SECTION 11. Exemption. The Service Provider Agreement is hereby declared
exempt from Section 2-156-020 ofthe Municipal Code ofChicago.
SECTION 12. Protests And Objections. Ifapetitionof objection is filed with the
Office of the City Clerk of the City 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%) ofthe owners ofrecord ofthe property included within the boundaries ofthe
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REPORTS OF COMMITTEES
15249
Area within sixty (60) days following the adjournment of the Public Hearing, all as
provided for in Section 27-55 of the Act, as a result of such filing this ordinance
shall be deemed to be null and void, the Area shall not be created, 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 13. Severability. Ifany provision ofthis 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 14. 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"), in
accordance with Section 27-75 of the Act, a certified copy of this ordinance
containing an accurate map of the Area. The City Clerk is hereby further ordered
and directed to file in the Office of the Recorder of Deeds of Cook County, in
accordance with Section 27-40 of the Act, a certified copy of this ordinance
containing a description of the Area, within sixty (60) days of the effective date of
this ordinance. In addition, the City Clerk is hereby further ordered and directed
to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act,
a certified copy ofthis ordinance on or prior to December 30, 2003, 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 2003 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 15. 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 16. Publication. This ordinance shall be published by the City Clerk,
in special pamphlet form, by preparing at least one hundred (100) copies thereof,
which copies are to be made available in his office for public inspection and
distribution to members of the public who may wish to avail themselves of a copy
of this ordinance.
SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after
its passage and publication.
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
[Exhibit 2 referred to in this ordinance printed
on page 15257 of this Journal]
Exhibits 1, 3 and 4 referred to in this ordinance read as follows:
Exhibit 1.
(To Ordinance)
Proposed Little Village Special
Service Area Number 25.
Legal Description.
All that part of the east halfofthe northwest quarter of Section 25, Township 39
North, Range 13 East ofthe Third Principal Meridian and that part of Sections 26
and 27, all in Township 39 North, Range 13 East of the Third Principal Meridian
bounded and described as follows:
beginning at the point of intersection ofthe south line of West 25"^ Street with
the west line of South Califomia Avenue; thence west along said south line of
West 2 5 * Street to the northeast comer of Lot 48 in Block 6 of Cass' Subdivision
of the east 30 acres of the south 64 acres of the northwest quarter of
Section 25, Township 39 North, Range 14 East; thence south along the east line
of said Lot 48 in Cass' Subdivision, said east line being also the west line ofan
alley west of South Califomia Avenue, to the southeast corner of said Lot 48;
thence west along the north line of an alley north of West 26"" Street and its
westerly extension, said north line being also the south line of Lots 48 through
30 of said Block 6 of Cass'Subdivision, to the west line of South Albany Avenue;
thence south along the west line of South Albany Avenue to the northeast
comer of Lot 7 in the Burlington Third Subdivision of the west half of the
northwest quarter ofSection 25, Township 39 North, Range 13 East ofthe Third
Principal Meridian; thence west along the north line of said Lot 7 and its easterly
extension to the west line ofan alley west of South Albany Avenue; thence south
along said west line of the alley west of South Albany Avenue to the northeast
12/17/2003
REPORTS OF COMMITTEES
15251
comer of the south 12.5 feet of Lot 6 in said Burlington Third Subdivision;
thence west along the north line of said south 12.5 feet of Lot 6 in the Burlington
Third Subdivision and the westerly extension thereof to the west line of South
Troy Street; thence north to the northeast comer of Lot 3 of said Burlington
Third Subdivision; thence west along the north line of said Lot 3 and its westerly
extension and the north line of Lot 2 in said Burlington Third Subdivision to the
west line of South Kedzie Avenue; thence north along the west line of South
Kedzie Avenue to the northeast comer of Lot 21 in Block 8 in the Kedzie Avenue
Land Association Subdivision in the northeast quarter ofSection 26, Township
39 North, Range 13 East ofthe Third Principal Meridian; thence west along the
north line of said Lot 21 to the west line of an alley west of South Kedzie Avenue;
thence south along said west line ofthe alley west of South Kedzie Avenue to the
southeast comer of Lot 23 in Block 8 of said Kedzie Avenue Land Association
Subdivision; thence west along the south line of said Kedzie Avenue Land
Association Subdivision and its westerly extension to the west side of South
Homan Avenue; thence north along the west side of South Homan Avenue to the
northeast comer of Lot 38 in the Converse & Fitch Subdivision of Lots 64, 65,
72, 73, and 80 in Joy & Frisbee's Subdivision; thence west along the north line
of said Lot 38 in the Converse & Fitch Subdivision and its westerly extension
and the north line of Lot 47 in said Converse & Fitch Subdivision and its
westerly extension to the east line of South Trumbull Avenue; thence north
along the east line of South Trumbull Avenue to the easterly extension of the
south line of Lot 19 in Henry Curtis' Subdivision of Lots 63, 66, 7 1 , 74 and 79
in Joy & Frisbee's Subdivision of the east half of the west half of the northeast
quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal
Meridian; thence west along said easterly extension and said south line of
Lot 19 to the west line of South St. Louis Avenue; thence south along the west
side of South St. Louis Avenue to the southeast comer of Lot 7 in Block 9 of
King, Scott & Wilson's Addition to Chicago, a resubdivision of Lots 1 to 40, both
inclusive, of Chas. C. Mowry's Subdivision of the east half of the northwest
quarter and ofthe west halfofthe northeast quarter ofSection 26, Township 39
North, Range 13 East ofthe Third Principal Meridian; thence west along the
south line of said Lot 7 in Block 9 of King, Scott &, Wilson's Addition to Chicago
to the east line of an alley west of South St. Louis Avenue; thence north along
said east line of the alley west of South St. Louis Avenue to the easterly
extension ofthe north line ofthe south 3.00 feet of Lot 9 in Block 9 of said King,
Scott & Wilson's Addition to Chicago; thence west along said easterly extension
and the north line ofthe south 3.00 feet of Lot 9 and the westerly thereof to the
west side of South Clifton Park Avenue; thence south along the west side of
15252
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
South Clifton Park Avenue to the southeast comer of Lot 5 in Block 10 of said
King, Scott 86 Wilson's Addition to Chicago; thence west along the south line of
said Lot 5 in Block 10 of said King, Scott & Wilson's Addition to Chicago to the
west line of an alley west of South Clifton Park Avenue; thence south along the
west line of said alley west of South Clifton Park Avenue to the southeast comer
of Lot 5 in Block 10 of said King, Scott 8c Wilson's Addition to Chicago; thence
west along the south line of said lots in Block 10 of said King, Scott & Wilson's
Addition to Chicago and its westerly extension to the west side of South Central
Park Avenue; thence north along the west side of South Central Park Avenue
to the north line of the south 8.30 feet of Lot 44 in Block 1 of Millard 86
Decker's Subdivision ofthe east halfofthe east halfofthe northwest quarter of
Section 26, Township 39 North, Range 13 East ofthe Third Principal Meridian;
thence west along said north line ofthe south 8.30 feet of Lot 44 in Block 1 of
Millard 86 Decker's Subdivision and its westerly extension to the west line of
South Millard Avenue; thence south along the west line of South Millard Avenue
to the southeast comer of Lot 44 in Block 2 of said Millard 86 Decker's
Subdivision; thence west along the south line of said Lot 44 in Block 2 of said
Millard 86 Decker's Subdivision tp the and its westerly extension to the west side
of South Lawndale Avenue; thence south along the west side of South
Lawndale Avenue to the north line of F. E. Hodek's Subdivision of Lots 23 and
24 of Block 1 of J o h n Kebler's Subdivision; thence west along said north line of
F. E. Hodek's Subdivision of Lots 23 and 24 of Block 1 of John Kebler's
Subdivision to the east line of an alley west of South Lawndale Avenue; thence
north along the east side of the alley west of South Lawndale Avenue to the
easterly extension of the south line of Lot 29 of Block 1 of J o h n Kebler's
Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision; thence west
along said easterly extension and the south line of Lot 29 of Block 1 of J o h n
Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision and
its westerly extension to the west side of South Ridgeway Avenue; thence north
along the west side of South Ridgeway Avenue to the southeast comer of Lot 19
in Block 2 of said J o h n Kebler's Subdivision of Lots 14 and 15 of said Chas. C.
Mowry's Subdivision; thence west along the south line of said Lot 19 in Block 2
of said John Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's
Subdivision and its westerly extension to the west side of an alley west of South
Ridgeway Avenue; thence south along the west side of the alley west of South
Ridgeway Avenue to the southeast comer of Lot 27 in Block 2 of said J o h n
Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision and
its westerly extension to the west side of an alley west of South Ridgeway
Avenue; thence west along the south line of said Lot 27 in Block 2 of said J o h n
12/17/2003
REPORTS OF COMMITTEES
15253
Kebler's Subdivision and its westerly extension to the west line of South
Hamlin Avenue; thence south along the west line of South Hamlin Avenue to
the southeast corner of Lot 17 in Block 9 of the subdivision of Blocks 8 and 9
of S. J. Glover's Addition to Chicago, being all that part lying south ofthe south
line of the right-of-way of the C. B. 86 Q. Railroad of the west half of the
northwest quarter ofSection 26, Township 39 North, Range 13 East ofthe Third
Principal Meridian; thence west along the south line said Lot 17 in Block 9 ofthe
subdivision of Blocks 8 and 9 of S. J. Glover's Addition to Chicago to the east
line of an alley west of South Hamlin Avenue; thence north along the east line
of the alley west of South Hamlin Avenue to the easterly extension of the
south line of Lot 6 in the resubdivision of the west part of Block 9 Ijdng south
of Lot 21 in the subdivision of said Block 9 in S. J. Glover's Addition; thence
west along the south line of said Lot 6 in the resubdivision of the west part of
Block 9 lying south of Lot 21 in the subdivision of said Block 9 in S. J. Glover's
Addition and its westerly extension to the east side of South Harding Avenue;
thence north along the east side of South Harding Avenue to the easterly
extension of the south line of Lot 14 in the subdivision of Block 12 of S. J.
Glover's Addition to Chicago; thence west along said easterly extension and the
south line of Lot 14 in said subdivision of Block 12, said south line of Lot 14
being also the north line ofan alley north of West 26* Street; thence west along
said north line of the alley north of West 26* Street to the east line of South
Kostner Avenue; thence north along the east line of South Kostner Avenue to the
southwest line ofthe C. B. 86 Q. Railroad; thence southwesterly along the south
line ofthe C. B. 86 Q Railroad to the east line ofthe Belt Railroad; thence south
along the east line of the Belt Railroad to the northwest comer of S. C. Storer's
Subdivision of the south 7 acres of the northeast quarter of the southwest
quarter ofSection 27, Township 39 North, Range 13 East ofthe Third Principal
Meridian; thence east along the north line of said S. C. Storer's Subdivision and
its easterly extension to the east line of South Kostner Avenue; thence north
along the east line of South Kostner Avenue to the northwest comer of Lot 11 in
W. L. Dewolf s Subdivision of the west half (except the east 33 feet thereof) of
Block 2 of Reid's Subdivision of the west half of the southeast corridor of
Section 27, Township 39 North, Range 13 East ofthe Third Principal Meridian;
thence east along the north line of said Lot 11 in W. L. Dewolfs Subdivision, said
north line of Lot 11 being also the south line of an alley south of West 26*
Street, to the northeast comer of Lot 42 of W. L. Dewolfs Subdivision ofthe east
half and the east 33 feet ofthe west half of Block 2 of Reid's Subdivision; thence
south along the east line of said Lot 42 to the westerly extension ofthe north line
of Lot 83 in Hubbard's Subdivision of Block 1 of Reid's Subdivision; thence east
15254
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
along sedd westerly extension and the north line of Lot 83 in Hubbard's
Subdivision, said north line being also the south line of the alley south of West
26* Street, to the east line of South Pulaski Road; thence north along the east
line of South Pulaski Road to the southwest comer of Lot 44 in the subdivision
of Block 4 of Goodwin, Balestier 85 Phillip's Subdivision of the west half of the
southwest quarter ofSection 26, Township 39 North, Range 13 East ofthe Third
Principal Meridian; thence east along the south line of said Lot 44 to the east
line of an alley east of South Pulaski Road; thence east along the north line of
Lot 6 of said subdivision of Block 4 of Goodwin, Balestier 86 Phillip's Subdivision
and its easterly extension to the east line of South Harding Avenue; thence north
along the east line of South Harding Avenue to the south line of Annie Phillip's
Subdivision of Block 2 in Goodwin, Balestier 86 Phillip's Subdivision; thence east
along said south line of Annie Phillip's Subdivision of Block 2 in Goodwin,
Balestier 86 Phillip's Subdivision, and along the south line of Zeman's
Resubdivision of Lot 1—4 and 8 foot private alley in Zeman's Resubdivision of
Lot 1 — 4 of S. J. Glover of Block 3, also Lot 5 in S. J. Glover's Subdivision in
Block 3 to the east line of South Springfield Avenue; thence north along said east
line of South Springfield Avenue to the northwest comer of Lot 45 in said Annie
Phillip's Subdivision of Block 2 in Goodwin, Balestier 86 Phillip's Subdivision;
thence east along the north line of said Lot 45, said north line being also the
south line ofan alley south of West 26* Street to the east side of South Hamlin
Avenue; thence north along the east side of South Hamlin Avenue to the
northwest comer of Lot 46 in Block 2 of the subdivision of Block 6 in Steele's
and Other's Subdivision of the southeast quarter and the east half of the
southwest quarter ofSection 26, Township 39 North, Range 13 East ofthe Third
Principal Meridian; thence east along the north line of said Lot 46 in Block 2 of
the subdivision of Block 6 in Steele's and Other's Subdivision and the north
line of Lot 5 in Block 2 of said subdivision of Block 6 in Steele's and Other's
Subdivision, to the east line of South Ridgeway Avenue; thence north along
the east line of South Ridge way Avenue to the northwest comer of Lot 48 in
Block 1 of said subdivision of Block 6 in Steele's and Other's Subdivision;
thence east along the north line of said Lot 48 and its easterly extension to the
east line of an alley east of South Ridgeway Avenue; thence south along the east
line of the alley east of South Ridgeway Avenue to the north line of Lot 4 in
Block 1 of said subdivision of Block 6 in Steele's and Other's Subdivision; thence
east along said north line of Lot 4 and its easterly extension to the east line of
South Lawndale Avenue; thence south along the east line of South Lawndale
Avenue to the southwest comer of Lot 47 in Bonney 86 Noonan's Subdivision of
the west half of Block 5 of Steele &, Other's Subdivision; thence east along the
south line of said Lot 47 and its easterly extension to the east line of the alley
12/17/2003
REPORTS OF COMMITTEES
15255
west of South Millard Avenue; thence north along the east line of the alley west
of South Millard Avenue to the southwest corner of Lot 3 in said Bonney 86
Noonan's Subdivision; thence east along the south line of said Lot 3 and its
easterly extension to the east line of South Millard Avenue; thence south along
the east line of South Millard Avenue to the south line of the resubdivision of
Lots 47 — 50 in the subdivision of the east half of Block 5 of the subdivision of
the southeast quarter and the east halfofthe southwest quarter ofSection 26,
Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east
along said south line of the resubdivision of Lots 47 — 50 in the subdivision of
the east half of Block 5 and along the south line of McDonald's Resubdivision of
Lots 1, 2, 3 and 4 in the subdivision of the east half of Block 5 in said Steele's
and Other's Subdivision to the east line of South Central Park Avenue; thence
south along the east line of South Central Park Avenue to the south line of an
alley south of West 26* Street, said south line being also the north line of Lot 21
in E. A. Cummings and Co.'s Resubdivision of Lots 1 — 100 and vacated alleys
and the subdivision of Block 4 in Steele's Subdivision of the southeast quarter
and the east half of the southwest quarter of Section 26, Township 39 North,
Range 13 East ofthe Third Principal Meridian; thence east along said south line
ofthe alley south of West 26* Street and its easterly extension to the east line
of South St. Louis Avenue; thence north along the east line of South St. Louis
Avenue to the northwest corner of Lot 47 in Block 2 of Steele's and Other's
Subdivision of Block 3 in said Steele's Subdivision; thence east along the north
line of said Lot 47 and its easterly extension to the east line of an alley east of
South St. Louis Avenue; thence north along the east line of the alley east of
South St. Louis Avenue to the northwest comer of Lot 3 in Block 2 of said
Steele's and Other's Subdivision of Block 3; thence east along the north line
of said Lot 3 and its easterly extension to the east line of South Trumbull
Avenue; thence south along the east line of South Trumbull Avenue to the
northwest corner of Lot 45 in Block 1 of said Steele's and Other's Subdivision of
Block 3; thence east along the north line of said Lot 45 and its easterly extension
to the east line of an alley east of South Trumbull Avenue; thence north along
the east line of the alley east of South Trumbull Avenue to the northwest comer
of Lot 5 in Block 1 of said Steele's and Other's Subdivision of Block 3; thence
east along the north line of said Lot 5 and its easterly extension to the east line
of South Homan Avenue; thence south along the east line of South Homan
Avenue to the northwest comer of Lot 12 in Block 2 of Feinberg's 26* Street
Subdivision in the southeast quarter of Section 26, Township 39 North, Range
13 East ofthe Third Principal Meridian; thence east along the north line of said
Lot 12, said north line being also the south line of an alley south of West 26*
Street, to the east line of South Sawyer Avenue; thence north along the east line
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
of South Sawyer Avenue to the northwest comer of Lot 6 in Pinkert 86 Wittke's
Resubdivision of Lots 24 — 46, both inclusive, of Waugh's Subdivision ofthe east
half of Block 1 in Steele's and Other's Subdivision of the southeast quarter and
the east half of the southeast quarter of Section 26, Township 39 North,
Range 13 East ofthe Third Principal Meridian; thence east along the north line
of Lot 6 and its easterly extension to the east line of an alley east of South
Sawyer Avenue; thence north along the east line of the alley east of South
Sawyer Avenue to the northwest comer of Lot 5 in Waugh's Subdivision of the
east half of Block 1 in Steele's and Other's Subdivision; thence east along the
north line of said Lot 5 in Waugh's Subdivision and its easterly extension to the
east line of South Kedzie Avenue; thence north along the east line of South
Kedzie Avenue to the northwest comer of Lot 47 in Block 7 of Joseph
Matteson's Subdivision of Block 7 of Superior Court Commissioner's Partition
of the west half of the southwest quarter of Section 25, Township 39 North,
Range 13 East ofthe Third Principal Meridian; thence east along the north line
of said Lot 47 of Joseph Matteson's Subdivision of Block 7 and its easterly
extension to the east line of an alley east of South Kedzie Avenue; thence north
along the east line of the alley east of South Kedzie Avenue to the northwest
comer of Lot 3 in Block 7 of said Joseph Matteson's Subdivision; thence east
along the north line of said lot 3 and its easterly extension to the east line of
South Troy Street; thence south along the east line of South Troy Street to the
south line of an alley south of West 26* Street, said south line being also the
north line of Lot 6 in A. J. Tullock's Second Subdivision ofthe west 174.85 feet
of Block 6 in said Superior Court Commissioner's Partition; thence east along
the north line of said Lot 6 and its easterly extension to the west line of said
Superior Court Commissioner's Partition, said west line being also the east line
ofan alley east of South Troy Street; thence south along the east side ofthe alley
east of South Troy Street to the south line of said Superior Court
Commissioner's Partition, said south line being also the centerline of West 2 7 *
Street; thence east along said south line and centerline of West 27* Street to the
northwest line of the I.N. Ry.; thence northeasterly along the northwest line of
the I.N. Ry. to the east line of South Sacramento Avenue; thence north to the
south line of West 26* Street; thence east along the south line of West 26* Street
to the west line of South Califomia Avenue; thence north along the west side of
South Califomia Avenue to the point of beginning, all in the City of Chicago,
Cook County, Illinois.
12/17/2003
REPORTS OF COMMITTEES
Exhibit 2.
(To Ordinance)
Project Area Boundary Map.
COnKM.PMW
15257
15258
12/17/2003
JOURNAL-CITY COUNCIL-CHICAGO
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 1 of 6)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 .25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
PIN
121
121
122
122
123
123
123
123
123
123
123
123
123
124
124
124
124
124
124
124
127
127
127
127
127
127
127
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128
128
128
128
128
128
021
050
028
046
037
038
039
040
041
042
043
044
045
037
038
039
040
041
042
043
025
026
028
029
030
031
032
033
020
021
022
023
024
025
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
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oooo
OOOO
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OOOO
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OOOO
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oooo
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
16
16
16
16
16
16
16
16
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16
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16
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16
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16
16
16
16
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
PJN
128
128
128
128
128
128
128
128
128
128
128
128
128
128
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
301
301
026
027
028
029
030
031
032
033
034
035
036
038
039
040
001
002
003
007
008
009
010
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
oooo
OOOO
oooo
OOOO
oooo
OOOO
on oooo
012
013
014
015
016
017
018
019
020
044
OOI
002
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
12/17/2003
REPORTS OF COMMITTEES
15259
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 2 of 6)
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
16 25
16 25
16 • 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 25
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
16 26
PIN
301
301
301
301
301
302
302
302
302
302
302
302
118
118
118
118
119
119
119
119
119
119
120
120
120
120
120
120
120
120
121
121
121
121
034
035
036
037
038
003
028
029
030
031
032
033
027
032
033
034
034
035
036
037
038
039
030
031
032
033
034
035
037
038
016
017
018
036
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
oooo
OOOO
oooo
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
103
104
105
106
107
108
109
no
III
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
PIN
122
122
122
122
123
123
124
124
224
125
125
125
125
125
125
224
224
224
225
225
225
225
226
226
226
226
226
226
226
226
227
227
228
228
041 OOOO
042 OOOO
043 OOOO
044 OOOO
019 OOOO
037 oooo
017 oooo
034 oooo
041 oooo
017 .0000
018 oooo
020 oooo
021 oooo
022 oooo
023 oooo
019 oooo
042 oooo
043 oooo
017 oooo
018 oooo
036 oooo
037 oooo
032 oooo
033 oooo
034 oooo
035 oooo
036 oooo
037 oooo
038 oooo
039 oooo
033 oooo
042 oooo
043 oooo
046 oooo 1
JOURNAL-CITY COUNCIL-CHICAGO
15260
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 3 of 6)
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
PIN
228
229
229
230
230
231
231
231
231
231
231
231
231
231
231
231
231
231
231
231
231
231
231
231
300
300
300
300
300
300
301
301
301
301
047
021
044
022
044
022
023
024
025
026
027
028
029
030
031
032
033
034
035
036
037
038
039
040
OOI
002
022
023
024
025
001
002
003
004
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
PIN
301
301
301
301
302
302
302
302
302
302
302
302
302
303
303
303
303
303
303
303
303
303
304
304
304
304
304
304
305
305
305
305
305
306
023
024
046
047
001
002
003
004
005
022
023
024
025
001
002
003
004
005
006
007
008
009
019
020
021
022
041
042
022
023
024
047
048
018
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
oooo
OOOO
oooo
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
12/17/2003
15261
REPORTS O F COMMITTEES
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 4 of 6)
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
PIN
306
306
307
307
307
307
307
307
307
307
400
400
400
400
400
400
401
401
401
401
401
401
401
401
401
402
402
403
403
404
404
404
404
404
034
035
001
002
003
024
025
026
027
028
001
002
003
004
005
006
OOI
002
003
004
005
006
007
008
009
OOI
021
OOI
020
001
002
003
004
005
OOOO
OOOO
OOOO
OOOO
OOOO
oooo
OOOO
oooo
OOOO
oooo
OOOO
oooo
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
26
27
27
27
27
27
27
27
27
27
27
PIN
404
404
405
405
405
405
405
405
406
406
406
406
406
406
406
406
406
406
406
407
407
407
407
407
104
104
104
104
104
104
231
231
231
231
006
007
065
066
067
068
069
070
OOI
002
003
004
005
006
007
008
009
OIO
OOOO
OOOO
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oooo
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oooo
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on oooo
OOI
002
003
004
046
Oil
012
013
014
016
017
014
015
016
017
OOOO
oooo
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
JOURNAL-CITY COUNCIL-CHICAGO
15262
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 5 of 6)
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
30(
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
PIN
231
231
231
231
231
231
231
231
231
232
232
232
232
232
232
232
232
232
232
233
233
233
233
233
233
233
233
233
233
233
233
233
234
234
018
019
020
021
022
023
024
025
026
012
013
014
015
016
017
018
019
020
021
010
on
012
013
014
015
016
017
018
019
020
021
022
013
014
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
27
27
27
27
27
27
27
27
27
'27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
PIN
234
234
234
234
234
234
234
234
235
235
235
235
235
235
235
235
235
235
236
236
236
236
236
236
236
236
301
301
301
301
301
301
301
301
015 OOOO
016 OOOO
017 OOOO
018 OOOO
019 OOOO
020 OOOO
021 oooo
022 OOOO
014 oooo
015 OOOO
016 oooo
017 oooo
018 oooo
019 oooo
020 oooo
021 oooo
022 oooo
023 oooo
014 oooo
015 oooo
016 oooo
017 oooo
018 oooo
019 oooo
020 oooo
021 oooo
002 oooo
025 oooo
027 oooo
028 oooo
029 oooo
030 oooo
031 oooo
033 oooo
12/17/2003
12/17/2003
15263
REPORTS OF COMMITTEES
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 6 of 6)
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
PIN
301
400
400
400
400
400
400
400
400
400
401
401
401
401
401
401
401
401
402
402
402
402
402
402
402
403
403
403
403
403
403
403
403
034
001
002
003
004
005
006
007
008
009
001
002
003
004
005
006
007
008
001
002
003
004
005
006
007
OOI
002
003
004
005
006
007
008
OOOO
OOOO
OOOO
OOOO
OOOO
OOOO
oooo
OOOO
oooo
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
PIN
404
404
404
404
404
404
404
404
404
405
405
405
405
405
405
405
405
405
406
406
406
406
406
406
406
406
406
407
407
407
407
407
001
002
003
004
005
006
007
008
009
OOI
002
003
004
005
006
007
008
009
001
002
003
004
005
006
007
008
009
001
002
003
004
040
OOOO
OOOO
OOOO
OOOO
oooo
oooo
oooo
oooo
oooo
oooo
oooo
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oooo
oooo
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oooo
oooo
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oooo
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oooo
oooo
15264
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 4.
(To Ordinance)
Agreement For Special Service Area Number 2 5
Between
The City Of Chicago
(Represented By The Special Service Area Commission)
And
Little Village - 26'^ Street Area Chamber Of Commerce
Effective January 1, 2004 Through December 31, 2005.
This Agreement for the management of Special Service Area Number 25 is entered into by
and between the Little Village - 26"' Street Area Chamber of Commerce, an Illinois not-for-profit
corporation ("Contractor"), and, the City ofChicago ("City"), a municipal corporation and home rule
unit oflocal govemment existing under the Constitution ofthe State oflllinois, acting through the
Special Service Area Commission at Chicago, Illinois.
RECITALS
WHEREAS, special service areas may be established pursuant to Article Vll, §§6(1) and
7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe 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 AreaNumber 25" ("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 ofan annual ad valorem real property tax in the Area
sufficient to produce revenues required to provide those Special Services but not to exceed 0.45%
ofthe equalized assessed value ofall property within the Area ("Service Tax"), all as provided in the
Establishment Ordinance (hereinafter defined); and
WHEREAS, the City Council, on
, 2003, authorized the levy ofthe Ser\'ice
Tax and appropriation ofthe funds therefrom for the Area for fiscal year 2004 for the provision of
the Special Services in the Area, and the City wishes to provide that thc Contractor, beginning on
January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the
Services, subject to the terms and conditions ofthis 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 ofthe City;
NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement,
the City and the Contractor agree as follows:
12/17/2003
REPORTS OF COMMITTEES
15265
ARTICLE 1 INCORPORATION OF RECITALS
]
The recitals set forth above are incorporated by reference as if fully set forth herein.
ARTICLE 2 DEFINITIONS
The following words and phrases shall have the following meanings for purposes of this
Agreement:
"Agreeinent" 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 ofthe Department ofPIanning and Development
or a duly authorized representative of the Commissioner of the Department of Planning and
Development.
"Construction" means landscaping, 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 ofChicago business calendar.
"Department" means the City ofChicago Department of Planning and Development.
"Establishment Ordinance" means, the ordinance enacted by City Council on
, 2003, and any subsequent amendments thereto authorizing imposition ofthe Service Tax and
setting forth the Special Services to be provided in the Area.
"Risk Management Division" means the Risk Management Division ofthe Department of
Finance which is under the direction ofthe Comptroller ofthe 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 and Private Security Act of 1993, 225 ILCS 446/1 et seq.. and
whose employees are licensed by the State oflllinois.
"Services" means, collectively, the services, duties and responsibilities described in Article
3 and Exhibit 1 (Scope of Services) ofthis Agreement and any revisions thereof and any and all
work necessary to complete thern or carry them out fully and to the standard of performance required
in this Agreement.
"Ser\'icc Tax Funds" meems the amount actually collected pursuant to the Service Tax.
15266
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
"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 ofthe Services, including subcontractors ofany tier, subconsultants ofany tier, suppliers and
materialmen, whether or not in privity with the Contractor.
"Surplus 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 interesl eamed thereon.
ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR
3.01 Scope of Ser\'ices
The Services that the Contractor shall provide from January 1, 2004 through December 31,
2004 of this Agreement 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 vvithin 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 ofthe 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 2 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.
Prior to the second year ofthis Agreement, and no later than the deadline established by the
Department, the SSAC, in consultation with the Contractor, must prepare and submit to the
Department a proposed Budget and Scope of Services for that year, comprised of services authorized
in the Establishment Ordinance, for the approval ofthe Commissioner. Ifthe parties agree on the
Scope of Services and the Budget for that year, this Agreement will be amended to include such
budget and scope of services. Ifthe parties do not agree and an amendment is not executed, this
Agreement will terminate at the end ofthe first year ofthis Agreement.
3.02 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 ofa scope, purpose and magnitude
comparable with the nature of the Services to be provided hereunder. The Contractor shall at all
times use every rea.sonable effort on behalf of the City lo assure timely and satisfactory rendering
and completion ofits Services.
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The Contracior shall al all times act in the best interests ofthe Cily consistent with the
professional obligations assumed by it in entering into this Agreement. The Contracior 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 fumish efficient business administration and
supervision to render and complete the Services al reasonable cost.
The Contracior 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 ils behalf
Ifthe SSAC determines that the Contractor has failed to comply with the foregoing standards,
the Contractor shall perform again, al 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 ofthe Services by the Cily does not relieve the Contractor ofits responsibility for the professional
and technical accuracy of its Services. This provision in no way limits the City's rights against
Contracior, either under this Agreement, at law or in equity.
3.03 Personnel
A. Key Personnel
The Contractor shall, immediately upon receiving a fully executed copy ofthis Agreement,
assign and maintain during lhe term ofthis 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 perfonning 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.
B. Prevailing Wages
If the Contracior engages in Construction, il shall comply, and shall cause all of ils
Subcontractors lo comply by inserting appropriate provisions in their contracts, with 820 ILCS
130/0.01 et seq. regarding thc payment ofthe 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 Constmction work. The prevailing rates of wages applicable at the lime
of execution ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated
by reference as though fully set forth herein.
C. Illinois Workers, Veterans' Preference and Sleel Products
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JOURNAL-CITY COUNCIL-CHICAGO
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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
oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq., the Veterans Preference Act, 330
ILCS 55/0.01 el seq., and the Steel Products Procurement Act, 35 ILCS 30/565/1 et seq. '
-
3.04 Nondiscrimination
A.
Federal Requirements
It shall be an unlawful employment practice for the Contracior (1) to fail or refuse to hire or
to discharge any individual, or otherwise lo discriminate against any individual with respect
to his compensation or the terms, conditions, or privileges of his employment because of
such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit,
segregate, or classify its employees or applicants for employment in any way which would
deprive or tend to deprive any individual of employment opportunities or otherwise adversely
affect his status as an employee, because ofsuch individual's race, color, religion, sex, age,
handicap or national origin.
The Contractor shall comply with the Civil Rights Act of 1964,42 U.S.C. § 2000 et seq., as
amended. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319 (1965),
reprinted in 42 U.S.C. § 2000(e) note, as amended by Exec. Order No. 11,375,32 Fed. Reg.
14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age
Discrimination Act, 42 U.S.C. §§6101-06; Rehabilitation Actof 1973,29 U.S.C. §§793-94;
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.. and 41 C.F.R. Part 60
et seq.
^
B.
State Requirements
Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the
Equal Employment Opportunity Clause, 111. Admin. Code til. 5, §750 Appendix A and the
Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. as amended.
C.
Citv Requirements
Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 et seq.. as
amended, ofthe Municipal Code ofChicago.
3.05 Insurance
The Contracior 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 judgement ofthe Risk Management Division. Ifthe Contractor enters into
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a subcontract with a Security Firm such Security Firm shall comply with the insurance provisions
attached hereto as Exhibit 5 and incorporated by reference as if fully set forth herein, or such other
insurance provisions as may be required in the reasonable judgement 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 4.
The Risk Management Division may waive or reduce any ofthe insurance requirements set
forth herein. In addition, the Risk Management Division will review each new Scope of Sen'ices
which the SSAC, in consultation with the Contractor, prepares annually during the term of this
Agreement pursuant lo Section 3.01 and may, if wishes, revise the insurance required herein.
3.06 Indemnification
A.
On written notice from the Cily 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
ofthe 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 detennines otherwise and all opportunities for appeal
have been exhausted or have lapsed.
B.
For purposes of this Section 3.06,
"City Indemnitees" means, individually and collectively, the City ofChicago, 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, reasonable
attomeys' fees, court costs, and experts' fees, arising by reason of injury or death of any person,
damage lo property, patent or copyright infringement.
"Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii)
arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis indemnification
provision; (iii) arising oul 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, subconsultants, licensees, or invitees), any breach by any of them ofany warranty made
under this Agreement, or any failure by any of them lo meet any applicable standard of perfomiance
under this Agreement; or (iv) any combination ofany ofthe foregoing.
C.
To the extent permissible by law. Contractor waives any limits on Contractor's
liability that it would otherwise have by virtue ofthe Worker's Compensation Act or any other
related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation. 146 111. 2d 155
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JOURNAL-CITY COUNCIL-CHICAGO
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(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.
D.
The Cily has the right, at its option and at its own expense, to participate in the
defense of any suit without relieving Contracior of any of ils 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 ils bonds
pursuant to other provisions in this Agreement. Further, the indemnitees contained in this provision
survive the expiration or termination ofthis 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 tennination or
completion ofthe Services hereunder.
The Contracior and any Subcontractors shall fumish the SSAC with semi-annual reports or
provide such information as may be requested relative to the performance and cost ofthe 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 lo inspection, copying, abstracting, transcription, and an independent audit by Cily employees
or agents or third parties, and shall make these records available to the Cily and any other interested
govemmental agency at reasonable times during the performance of its Services. 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 ofthe costs and expenses attributable to any such shared usages.
The Contractor shall provide an annual audited financial statement to the Departmenl and
the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting
shall be in accordance with generally accepted accounting principles and practices, consistently
applied throughout. No provision in this Agreement granting the Cily a right of access to records
and documents is intended to impair, limit or affect any right of access lo such records and
documents that the City would have had in the absence ofsuch provisions.
Thc Cily may in ils sole discretion audit the records of Contractor or its Subcontractors, or
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both, at any time during the term ofthis 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
detemiined that Contractor or any of its Subcontractors has overcharged the City in the audited
period, the City will notify Contractor. Contractor musl then promptly reimburse the City for any
amounts the City has paid Contractor due to the overcharges and also some or all ofthe cost ofthe
audit, as follows:
A.
Ifthe audit has revealed overcharges to the City representing less than 5% of the total
value, based on the Agreement prices, ofthe goods, work, or services provided in the
audited period, then the Contractor must reimburse the City for 50% ofthe cost of
the audit and 50% ofthe cost ofeach subsequent audit that the City conducts;
B.
If, however, the audit has revealed overcharges to the City representing 5% or more
ofthe total value, based on the Agreement prices, ofthe goods, work, or services
provided in the audited period, then Contractor must reimburse the City for the ftill
cost of the audit and of each subsequent audit.
Failure of Contractor to promptly reimburse the Cily in accordance with Section A
or B above is an event of default under Section 7.01 ofthis Agreement, and Contractor will be liable
for all of the City's costs of collection, including any court costs and attomeys' fees.
3.08 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 ofthe SSAC. The absence ofsuch 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.
Ifthe Contractor subcontracts for security services, the Subcontractor shall be a Security Firm
certified by the Stale oflllinois and the Security Firm's employees shall be licensed by the State of
Illinois. The Contracior, upon entering into any subcontract with a Security Firm, shall fumish the
SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly
reserves the right to approve all Security Firm subcontracts.
3.09 License, Permits and Safety Considerations
A. Licenses and Permits
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If the Contractor engages in Constmction, 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 Constmction under this
Agreement.
B. Safety Considerations
Ifthe Contractor engages in Constmction, it shall at all times exercise reasonable care, shall
comply with all applicable provisions of federal, state and local laws lo 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 cormection with the Constmction. The Contractor shall erect and properly
maintain at all times all necessary safeguards, barriers, flags and lights for the protection ofits and
its Subcontractors' employees. City employees, and the public.
Ifthe Contractor engages in Constmction, 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, lo the Contractor's Constmction activities
under this Agreement, and the Contractor shall repair such damage to a reasonably acceptable
standard.
3.10 Performance Bond
Ifthe Contractor engages in Constmction 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 lo be provided to the Department a performance and paymeni bond in the amount
allocated for the Constmction work (but not including the amount allocated for design and
preparation of specifications), by a surety or sureties acceplable to the Cily. The performance bond
shall be in the form and to the effect of Exhibit 7 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 ofthe bond, then the City may, on giving 10 days notice thereof
in writing, require the Contractor to fumish a new and additional bond with sureties satisfaclor)' 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 1,2004 ("Effective Date") and shall continue
through December 31, 2005, or until the Agreement is terminated earlier in accordance with ils
terms.
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ARTICLES COMPENSATION
5.01 Basis of Payment
The maximum compensation that the Contractor may be paid under this Agreement between
January 1,2004 and December 31,2004 is the sum of (a) $ 170,000.00 or the total amount of Service
Tax Funds actually collected for tax year 2003, whichever is less.
. For the second year ofthis Agreement, the maximum compensation that the Contractor may
be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section
5.02 and 8.03, or the amount of Service Tax funds actually collected for the preceding tax year,
whichever is less; provided that the maximum amount of compensation for such year of this
Agreement may also include the amount of Service Tax Funds collected for prior tax years which
remain previously unspent.
The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The
Contractor shall reimburse its Subcontractors for Services satisfactorily performed pursuant to the
Budget.
5.02 Budget for Services
The Contractor in conjunction with the SSAC has prepared a Budget through December 31,
2004, attached hereto as Exhibit 2 and incorporated by reference as if ftilly set forth here, covering
all services described in the Scope of Services. Subject lo the restriction that the maximum amount
that may be spent in calendar year 2004 may not exceed $170,000.00, 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 ifany part ofthe
Contractor's Services is terminated.
For the second year ofthis Agreement, a Budget for that year shall be incorporated into this
Agreement by written amendment pursuant to Section 8.03.
5.03 Method of Payment
The Contractor shall establish a separate checking account ("Account") in a bank authorized
to do business in the Stale oflllinois that is insured by the Federal Deposit Insurance Corporation.
All Service Tax Funds that the Comptroller transfers to the Contracior shall be deposited in the
Account and disbursements from the Account shall be pursuant lo this Agreement. THE
CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM
OTHER SOURCES. The Contractor shall provide to the SSAC the signature card and sample check
from the bank which shows the signalure(s) ofthe Contractor's authorized represenlative(s). The
SSAC reserves the right lo audit the account and require the Contractor lo refund any funds that were
not spent pursuant to the Budget or that were not approved by the SSAC. The name and address of
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JOURNAL-CITY COUNCIL-CHICAGO
the bank is
and the Account numbers are
12/17/2003
and the wire transfer
.
All funds remaining in the Account at the expiration or early tennination ofthis Agreement,
including any interest eamed, belong to the Cily forthe benefit ofthe Area and shall be retumed to
the City to be used only for Special Services.
5.04 Criteria for Payment
The SSAC, in its sole discretion, shall determine the reasonableness, allocability and
allowability ofany rates, costs and expenses charged or incuned by the Contractor.
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 occunence 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 Contracior under this
Agreement beyond those amounts appropriated and budgeted by the City lo fund payments
hereunder.
ARTICLE 6 SPECIAL CONDITIONS
6,01 Warranties and Representations
In connection with the execution ofthis Agreement, the Contractor wanants and represents:
A.
That il is financially solvent; that it and each ofits employees, agents, and Subcontractors
are competent to perform the Services required; that il is legally authorized to execute and
perform or cause to be performed this Agreement under the terms and conditions stated
herein; and
B.
That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose
in the performance ofthe Services; and
C.
That il 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
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the date ofthis Agreement, been found to be in default on any contract awarded by the City;
and
D.
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 ofChicago, 720 ILCS 5/33E-1 etseq. ofthe
Criminal Code of 1961, and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and
E.
That it, all Subcontractors and their respective officers, directors, agents, partners, and
employees shall cooperate with the Inspector General in any investigation or hearing
undertaken pursuant to Chapter 2-56 ofthe Municipal Code ofChicago; that it understands
and will abide by all provisions of Chapler 2-56 ofthe Municipal Code ofChicago and all
subcontracts shall inform Subcontractors ofsuch provision and require understanding and
compliance therewith; and
F.
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 ofany kind whatsoever, by the City, ils officials, agents, or employees, has
induced the Contracior to enter into this Agreement; and
G.
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.
6.02 Economic Disclosure Statement and Affidavit
The Contracior has provided the City with an Economic Disclosure Statement (EDS), which
is attached hereto as Exhibit 3 and incorporated by reference as if fully set forth herein. Contractor
shall apprise the Departmenl promptly of any changes in the information provided in the EDS by
completing and submitting a revised EDS.
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 ils authority to do business in the Stale of Illinois, including without limitation,
registrations of assumed names or limited partnerships and certifications of good standing with the
Office ofthe Secretary of State oflllinois.
6.03 Conflict of Interest
Pursuant to Chapter 2-156 ofthe Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no
member ofthe goveming body ofthe City or other unit of government, no other officer, employee,
SSAC member, or agent of the Cily or other unil of govemment who exercises any functions or
responsibilities in connection with the Services to which this Agreement or any related subcontract
pertain, and no relative ofany SSAC member shall have any personal economic or financial inierest.
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directly or indirectly, in this Agreement or any such subcontract except to the extent that such
benefits are provided equally lo all residents and/or business owners in the Area. Furthermore, no
SSAC member, relative of any SSAC member, Cily official, agent or employee shall be a
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 ofthe City or City employee shall be admitted lo any share or part ofthis
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 Cily.
The Contractor covenants that it, its officers, directors and employees, and the officers,
directors and employees ofeach ofits 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 Contracior agrees that ifthe
Commissioner in his reasonable judgment determines that any ofthe Contractor's services for others
conflict with the Services the Contractor is to provide for the City under this Agreement, the
Contracior shall terminate such other services immediately upon request ofthe Cily.
6.04 Non-Ilability of Public Officials
No official, employee or agent ofthe City shall be charged personally by the Contractor, or
by any assignee or Subcontractor ofthe Contractor, with any liability or expenses of defense or be
held personally liable lo them under any term or provision hereof because ofthe City's execution
or attempted execution hereof, or because of any breach hereof
6.05 Independent Contractor
The Contractor shall perfonn under this Agreement as an independent contractor to the Cily
and not as a representative, employee, agent, or partner ofthe Cily.
6.06 Business Relationships with Elected Offlcials
Pursuant to Section 2-156-030(b) ofthe Municipal Code ofthe Cily ofChicago, il is illegal
for any elected official ofthe City, or any person acting al the direction ofsuch official, to contact,
either orally or in writing, any other Cily official or employee with respeci lo any matter involving
any person with whom the elected official has a business relationship, or to participate in any
discussion in any City Council committee hearing or in any City Council meeting or to vole on any
matter involving the person with whom an elected official has a business relationship. Violation
ofSection 2-156-030(b) by any elected offlcial with respect lo this Agreement is grounds for
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termination ofthis Agreement. The term business relationship is defined as set forth in Section
2-156-080 ofthe Municipal Code ofChicago.
Section 2-156-080 defines a "business relationship" as any contractual or other private
business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her
spouse has a financial interesl, with a person or entity which entitles an official to compensation or
payment in the amount of $2,500 or more in a calendar year; provided, however, a financial interest
shall not include: (i) any ownership through purchase al fair market value or inheritance of less than
one percent of the share of a corporation, or any corporate subsidiary, parent or affiliate thereof,
regardless of the value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended; (ii) the authorized
compensation paid to an official or employee for his office or employment; (iii) any economic
benefit provided equally to all residents of the City; (iv) a time or demand deposit in a financial
institution; or (v) an endowment or insurance policy or annuity contract purchased from an insurance
company. A "contractual or other private business dealing" shall not include any employment
relationship ofan official's spouse with an entity when such spouse has no discretion conceming or
input relating to the relationship between that entity and the City.
6.07 Chicago "Living Wage" Ordinance
(a)
Section 2-92-610 ofthe Municipal Code ofChicago 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:
(i)
IfContractor has 25 or more full-time employees, and
(ii)
If at any time during the performance ofthis Agreement, Contractor
and/or any Subcontractor or any other entity that provides any portion ofthe Services
(collectively "Performing Parties") uses 25 or more fiill-lime security guards, orany
number of other full-time Covered Employees, then
(iii)
Contractor must pay its Covered Employees, and musl assure that all
other Perfonning 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.
(b)
Contractor's obligation to pay, and to assure payment of the Base Wage will
begin at any time during the term ofthis Agreement when the conditions set forth in (a)(i) and
(a)(ii) above are met, and will continue until the end ofthe term ofthis Agreement.
(c)
As of July 1,2003, the Base Wage became $9.20, 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
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JOURNAL-CITY COUNCIL-CHICAGO
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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 ofthis Agreement. Contractor and all other
Performing Parties musl pay the Base Wage (as adjusted in accordance with the above). Ifthe
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.
(d)
Contractor must include provisions in all subcontracts requiring its
Subcontractors to pay the Base Wage to Covered Employees. Contracior agrees lo provide the
Cily 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 Cily may independently audit
Contracior and/or Subcontractors to verify compliance with this section. Failure to comply with
the requirements ofthis section will be an event of default under this Agreement, and further,
failure to comply may result in ineligibility for any award ofa City contract or subcontract for up
to 3 years.
(e)
Not-for-Profit Corporations: IfContractor is a corporation having federal
tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under
Illinois not-for-profit law, then the provisions ofSections (a) through (d) above do not apply.
6.08
Deemed Inclusion
Provisions required by law, ordinances, mles, 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 lo make the
insertion; however, in no event will the failure to insert the provisions before or after this Agreement
is signed prevent its enforcement.
ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT
TO OFFSET, SUSPENSION
7.01 Events of Default Deflned
The following constitute events of default:
A.
Any material misrepresentation, whether negligent or willful and whether in the inducement
or in the performance, made by Contractor lo the Cily.
B.
Contractor's material failure to perform any ofits obligations under the Agreement including,
bul not limited lo, the following:
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REPORTS OF COMMITTEES
15279
(1) failure to commence or ensure timely completion ofthe Services due lo a reason or
circumstance within Contractor's reasonable conlrol;
(2) failure to perform the Services in a manner satisfactory to the City;
(3) failure to promptly re-perform within a reasonable time Services that were rejected as
enoneous or unsatisfaclor>';
(4) discontinuance ofthe Services for reasons within the Contractor's reasonable control;
(5) failure to comply with a material term ofthis Agreement, including but not limited to the
provisions conceming insurance and nondiscrimination; and
(6) any other acts specifically and expressly staled in this Agreement as constituting an event
of default.
C.
The Contractor's default under any other agreement il may presently have or may enter into
with the Cily during the life ofthis Agreement. The Contractor acknowledges and agrees
that in the event of a default under this Agreement the Cily may also declare a default under
any such other agreements.
7.02 Remedies
The occurrence ofany event of default which the Contractor fails to cure within 30 calendar
days after receipt of notice specifying such default or which, if such event of default cannot
reasonably be cured wilhin 30 calendar days after notice, the Contractor fails, in the sole opinion of
the Commissioner, lo 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 ofthe default, and any intention ofthe Cily to tenninate the
Agreement, shall be provided to Contracior and such decision is final and effective upon Contractor's
receipt ofsuch notice. Upon receipt ofsuch 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 il including, bul not limited to, the
following:
A.
The right lo lake over and complete thc Services or any part thereof as agent for and at the
cost ofthe Contracior, either directly or through others. The Contractor shall have, in such
event, the right lo offset from such cost the amount il would have cost the Cily under the
terms and conditions herein had the Contractor completed the Services.
B.
The right to terminate this Agreement as to any or all ofthe Services yet lo be perfonned,
effective al a lime specified by the Cily.
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JOURNAL-CITY COUNCIL-CHICAGO
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C.
The right of specific performance, an injunction or any other appropriate equitable remedy.
D.
The right lo money damages.
E.
The right to withhold all or any part of Contractor's compensation hereunder.
F.
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 ofthe
City and that ifthe City permits the Contractor to continue to provide the Services despite one or
more events of default, the Contractor is in no way relieved ofany ofits responsibilities, duties or
obligations under this Agreement nor does the Cily waive or relinquish any of ils rights. No delay
or omission to exercise any right accming upon any event of default impairs any such right nor shall
it be constmed as a waiver ofany 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.
7.03 Right to Offset
The City reserves its rights under §2-92-380 ofthe Municipal Code ofChicago and the
Commissioner shall consult with the SSAC before exercising such rights.
7.04 Suspension
The City may at any time request that lhe Contracior suspend ils 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 incuned after the effective date ofsuch suspension shall be allowed. The Contractor shall
promptly resume ils perfonnance 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 incuned by
the Contractor as a result of recommencing the Services.
7.05 No Damages for Delay
The Contractor agrees that it, ils members, if a partnership or joint venture and its
Subcontractors shall make no claims againsi the City for damages, charges, additional costs or hourly
fees for costs incuned by reason of delays or hindrances by the City in the performance of its
obligations under this Agreement.
7.06 Early Termination
In addition to tennination for default, the City may, at any lime, elect to tenninate this
Agreement pr any portion of the Services lo be performed under il at the sole discretion of the
Commissioner by a written notice lo the Contractor. Ifthe City elects lo terminate the Agreement
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REPORTS OF COMMITTEES
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 Departmenl within 10 days after
receipt ofthe notice or by the date staled in the notice.
During the final len 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 incuned afterthe effective dale ofthe termination are allowed.
Payment for any Services actually and satisfactorily performed before the effective date of the
tennination shall be on the same basis as set forth in Article 5 hereof, bul ifany compensation is
described or provided for on the basis ofa 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
8.01 Entire Agreement
This Agreement, and the exhibits attached hereto and incorporated hereby, shall constitute
the entire agreement between the parties and no other wananties, inducements, considerations,
promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly
addressed herein.
8.02 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.
8.03 Amendments
No changes, amendments, modifications, or discharge ofthis 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.
8.04 Compliance with All Laws
Thc Contracior shall at all times observe and comply with all applicable laws, ordinances,
mles, regulations and executive orders ofthe federal, state and local govemment, now existing or
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JOURNAL-CITY COUNCIL-CHICAGO
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hereinafter in effect, which may in any manner affect the perfonnance ofthis Agreement. Provisions
required by law, ordinances, mles, regulations, or executive orders to be inserted shall be deemed
inserted whether or not they appear in this Agreement or, upon application by either party, this
Agreement shall forthwith be amended to literally make such insertion; however, in no event shall
the failure to insert such provisions prevent the enforcement ofthis Agreement.
8.05 Compliance with ADA and Other Accessibility Laws
If this Agreement involves services to the public, the Contractor wanants 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 Constmction, the Contractor
wanants 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, bul not limited to, the following:
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 el seq. and the Americans with
Disabilities Act Accessibility Guidelines for Buildings and Facilities; the Architectural Baniers Act,
P.L. 90-480 and the Uniform Federal Accessibility Standards; and the Environmental Baniers Act,
410 ILCS 25/1 et seq.. and the regulations promulgated thereto at 111. Admin. Code til. 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. Ifthe Contracior fails to comply with the foregoing
standards, it shall perform again at no expense all services required lo be reperformed as a direct or
indirect result ofsuch failure.
8.06 Assigns
All ofthe terms and conditions ofthis Agreement shall be binding upon and inure lo the
benefit ofthe parties hereto and their respective legal representatives, successors, transferees and
assigns.
8.07 Cooperation
The Contracior agrees al all times to cooperate fully with the City and to act in the City's best
interests. Upon the termination or expiration ofthis Agreement, the Contracior shall make every
effort lo assure an orderly transition to another provider of the Services, if any, orderly
demobilization ofits operations in cormection with the Services, uninlenupted provision of Services
during any transition period and shall otherwise comply with reasonable requests ofthe Department
in connection with this Agreement's termination or expiration.
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REPORTS OF COMMITTEES
15283
8.08 Severability
Ifany provision ofthis Agreement is held or deemed lo 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 ofany constitution, statute, ordinance, mle 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 any one or more
phrases, sentences, clauses or sections herein shall not effect the remaining portions of this
Agreement or any part thereof.
8.09 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 conelative words ofthe 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 temis 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 ofsuch persons or
entities in accordance with the terms and conditions herein.
8.10 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 ofthe performance, requirement or condition. No waiver shall
be constmed as a modification ofthe Agreement regardless ofthe number of times the City may
have waived the performance, requirement or condition.
8.11 Disputes
Except as otherwise provided in this Agreement, the Contractor shall and the SSAC may
bring any dispute conceming a question of fact arising under this Agreement that is not otherwise
disposed of to the City's Chief Procurement Officer for decision based upon written submissions of
the parties. (A copy ofthe "Regulations ofthe Departmenl of Procurement Services for Resolution
of Disputes between Contractors and the City ofChicago" is available in City Hall, 121 N. LaSalle
Street, Room 301. Bid and Bond Room.) The Chief Procurement Officer will reduce his decision
to writing and fumish a copy of it to the Contractor and the SSAC. Such decision shall be final and
binding.
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8.12
12/17/2003
Contractor Affldavit
The Contractor must provide to the City, no later than thirty days after the end of each year,
a fully executed and notarized Affidavit certifying the expenditures for the prior year. The form of
this affidavit is attached as Exhibit 8 and incorporated by reference.
ARTICLE 9 NOTICES
Notices provided for herein shall be in writing and may be delivered personally or by United
States mail, first class, certified, retum receipt requested, with postage prepaid and addressed as
follows:
Ifto the City:
Special Service Area #25
Department ofPIanning and Development
City Hall, Room 1000
121 North LaSalle Street
Chicago, Ilhnois 60602
Attention: Commissioner
With Copies lo:
Departmenl of Law
Room 600, City Hall
121 North LaSalle Street
Chicago, Illinois 60602
Attention: Corporation Counsel
Ifto Contractor:
Little Village - 26"" Street Area Chamber of Commerce
3610 W. 26th Streel 2nd Floor
Chicago, IL 60623
Attention: Martha De La Vega
Changes in the above-referenced addresses musl be in writing and delivered in accordance with the
provisions ofthis 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.
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
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REPORTS OF COMMITTEES
15285
CITY OF CHICAGO
By:
Commissioner, Departmenl of
Planning and Development
Approved as lo form and legality
Assistant Corporation Counsel
CONTRACTOR
By:
Its:
Attested By:
hs:
State of
County of.
This instmment 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)
(Sub)Exhibits 1, 2, 3, 4, 5, 6, 7 and 8 referred to in this Service Provider
Agreeinent for Special Service Area Number 25 read as follows:
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JOURNAL-CITY COUNCIL-CHICAGO
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(Sub)Exhibit 1.
(To Service Provider Agreement For
Special Service Area Number 25)
2004 Scope Of Services
Special Service Area Number 2 5
Little Village.
Advertising and promotion for the development of the commercial area through
publications such as business, directories, newsletters and brochures;
Public way maintenance and beautification activities, including sidewalk
sweeping;
Landscaping including planters and tree maintenance;
Snow removal on sidewalks;
Beautification programs, including banners and streetscape fumiture;
Professional administration, office space, and office expenses; and
Other technical assistance activities to promote commercial and economic
development including, but not limited to, streetscape improvements, enhanced
land-use oversight and control initiatives, and strategic planning for the general
development of the Area.
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REPORTS OF COMMITTEES
15287
(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area Number 25)
Department Of Planning And Development
Proposed Special Service Area Budget.
(Page 1 of 2)
Special Service Area Name and Number: Little Village Special Service Area #25
Chairperson, Special Service Area: Martha De La Vega
Telephone: (Omittedforprinting purposes)
Sole Service Provider: Little Village Chamber of Commerce
Program Manager: Martha de la Vega
Budget Period: From: January 1, 2004
Item
Advertising & Promolion (SSA
Development)
Facade/Storefront Improvement
Telephone: (Omitted for printing purposes)
To: December 31, 2004
Year 2003
Levy
$17,000
Carry-over
Total 2004
Budget
$17,000
$50,000.
General Maintenance of Areaincludes street/sidewalk cleaning and
scavenger services
Landscaping Services-includes
$17,000
flower/tree planting services
Security Services
$50,000
Snow Plowing
$25,000
$25,000
$50,000
$50,000
Training and Workshops Involving
Resident or Business Commimity
Participation
Other direct Special Services to the
Area (please specify):
Beautification (e.g. Banners,
Streetscape Fumiture)
$17,000
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JOURNAL-CITY COUNCIL-CHICAGO
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(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area N u m b e r 25)
Department Of Planning And Development
Proposed Special Service Area Budget.
(Page 2 of 2)
Item
Year 2003
Levy
$3,000
Administrative Fee for
Managing SSA Program
Contingency Fund
for Uncollected Taxes
(5% of Budget-Recommended)
TOTAL
Carry-over
$8,000
$8,000
$170,000
$170,000
Total Operating Budget:
Estimated Tax Levy Rate:
C M ^(DPD use only, do not fill in)
This budget is q>proved
by the Sponsoring Oiganization:
Executive Director
MARTHA DE LA VEGA
(Print Name) Executive Director
Date
Total 2004
Budget
$3,000
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REPORTS OF COMMITTEES
15289
(Sub)Exhibit 3.
(To Service Provider Agreement For
Special Service Area Number 25)
City Of Chicago
Economic Disclosure Statement And Affidavit.
The City of Chicago (the "City") requires disclosure of the information requested in this
Economic Disclosure Statement and Affidavit ("EDS") before any City agency, department or
City Council action regarding the matter that is the subject of this EDS. Please fully complete
each statement, with all information current as of the date this EDS is signed. If a question is
not applicable, answer with "N.A." An incomplete EDS wili be returned and any City
action will be Interrupted.
Please print or type all responses clearly and legibly. Add additional pages if needed, being
careful to identify the portion of the EDS to which each additional page refers.
WHO fWUST SUBMIT AN EDS:
1.
Applicants: Any individual or entity (the" Applicant') making an application to the City
for action requiring City Council or other City agency approval must file this EDS.
2.
Entities holding an interest in the Applicant Generally, whenever an ownership
interest in the Applicant (for example, shares of stock of the Applicant or a limited partnership
interest In the Applicant) is held or owned by a legal entity (for example, a corporation or
partnership, rather than an individual) each such legal entity must also file an EDS on its own
behalf, and any parent of that legal entity must do so until individual owners are disclosed.
However, if an entity filing an EDS Is a corporationwhose shares are registered on a national
securities exchange pursuant to the Securities Exchange Act of 1934, only those shareholders
that own 10% or more of that filing entity's s*':';k mi'stfile EDSs on iheir own behalf
ACKNOWLEDGMENT OF POSSIBLE CREDIT AND OTHER CHECKS: By completing
and filing this EDS. the Undersigned acknowledges and agrees, on behalf of itself and the
entities or individualsnamed in this EDS, that the City may investigatethe creditworthinessof
some or all of the entities or individuals named in this EDS.
CERTIFYING THIS EDS: Execute the certification on the date of the initial submission of this
EDS. You may be asked to re-certify this EDS on the last page as of the date of
submission of any related ordinance to the City Council, or as of the date of the
closing of your transaction.
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JOURNAL-CITY COUNCIL-CHICAGO
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PUBLIC DISCLOSURE: It is the City's policy to make this document available to the
public on Its Intemet stte and/or upon request.
GENERAL INFORMATION
Date this EDS is completed:
l^d^jmbt'C "^ . Z 0 0 3
,
A.
Who is submitting this EDS7 That individual or entity will be the
"Underslgnsd" throughout this EDS. L i I4|^ Vilkat^ - ' ^ ' ^ S ^ - ^ hft, Onn^r A ^oi«inyrce
NOTE: The Undersigned is the indhrtdual or entity submitting this EDS, whether tlie
Undersigned Is an Applicant or is an entity holding an interest in the Applicant. This
EDS requires certain disclosures and certifications from Applicants that are not
required from entitles holding an Interest In the Applicant. When completing this EDS,
please observe whether the section you are completing applies only to Applicants.
1^
Check here if the Undersigned is filing this EOS as an ApplicanL
[]
Check here If the Undersigned is filing as an entity holding an interest in an
Applicant.
Also, please identify the Applicant in which this entity holds an interest
B.
Business address of the Undersigned:
C,
Telephone:(Omitted for piintingFax: (Omitted for printing Email: Dr\dt]ft^B^/ll M^U/fPT^P^^'^^'*^ *"
D.
Name of contact person:
E:
Tax identification number (optional):
purposes)
• i
56flQ
purposes) i
\lJ^\fI^^^~4^er.]r
.
J M Y i h i T V l A \l^t\Cr^
\J
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REPORTS OF COMMITTEES
15291
Brief description of contract, transaction or other undertaking (referred to below as
the "Matter) to which this EDS pertains. (Include project number and location if
applicable):
l£i±L
,,
,,
G.
Is the Matter a procurement? [ ] Yes
H.
If a procurement, Spedfication #
„
jaMjii*fMi
(J^o
and
Contract #
L
If not a procurement
1. a t y Agency requesting E D S : T ) r p f W n V f r ( ^ ^ ' ^ ''*<^ '\>«|opmm-i
2. City action requested (e.g. loan, grant, sale of property):
3. If property involved, list property kTcatkxt:
SECTION ONE: DISCLOSURE OF OWNERSHIP INTERESTS
A.
NATURE OF ENTITY
1.
Indicate whether the Undersigned is an individual or legal entity;
[ ] Individual
I ] Limited Liability Company
[ ] Business corporation
[ j Joint venture
[ ] Sole proprietorship
M Not-tor-profit corporation
(Is the not-for-profit corporation also a 501 (c)(3))?
MYes
I ] No
[ ] General partnership
[ ] Other entity (please specify)
I I Limited partnership
2.
State of Incorporation or organization, if applicable;
3.
For legal entities not organized in the State of Illinois: Is the organizationauthorired to
do business In the State of Illinois as a foreign entity?
IlYes
()No
ffN/A
15292
B.
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
ORGANIZATION INFORMATION
1.
IF THE UNDERSIGNED IS A CORPORATION:
a.
List below the names and titles of all executive officers and all directors of the
corporation. For not-for-profit corporations, also list below any executive director of the
corporation, and indicate all membiers, If any. who are legal entities. If there are no such
members, write *no members."
Name
"Hgn Ar((^_
^ M n r ?fflrD-7fl—:
r-¥)m/>tQ (nraA\U
TNIe
.
ChA\rn\&'{>
"^e^^yA^—,
\MfVG>e.Arn\
b(1). If the Matteris a procurementand the Undersigned is a corporation whose shares are
registered on a nattonal securities exchange pursuantto the Securities Exchange Act of 1934,
please provide the following infbnrtation concerning shareholders who own shares equal to or
in excess of 7.5% of the corporation's outstanding stores.
Name
Business Address
Percentage Interest
b(2). Ifthe Matteris nota procurement, and tlia Undersigned is a corporatkmwhose shares
are registered on a national securities exchange pursuant to the Securities Exchange Act of
1934, please provide the following information concerning shareholders who own shares equal
to or In excess of 10% of the corporation's outstanding shares.
Name
Business Address
Percentage Interest
c.
For corporations that are not registered on a national securities exchange pursuantto
the Securities Exchange Act of 1934, list below the name, business address and percentage
of ownership interest of each sharehoUer.
12/17/2003
Name
REPORTS OF COMMITTEES
Business Address
15293
Percentage Interest
2.
IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE:
For general or limited partnerships or joint ventures: list below the name, business address
and percentage of ownership interest of each partner. For limited partnerships, indicate
whether each partner is a general partner or a limited partner
Name
Business Address
Percentage Interest
3.
IF THE UNDERSIGNED IS A LIMfFED LIABIUTY COMPANY:
a.
List below the name, business address and percentage of ownership interest of each
(i) member and (ii) manager. If there are no managers, write "no managers," and indicate how
the company is managed.
Name
Business Address
Percentage Interest
b.
Ust below the names and titles of all officers, if any. If there are no officers, write "no
officers."
Name
Title
4.
IF THE UNDERSIGNED IS A U\ND TRUST, BUSINESS TRUST, ESTATE OR
OTHER SIMILAR ENTITY:
a.
List below the name and business address of each individual or legal entity holding
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
legal title to the property that is the subject of the trust.
Name
Business Address
b.
List below the name, business address and percentage of beneficial interest of each
beneficiary on vitiose behalf title is held,
Name
Business Address
Percentage Interest
5.
IF THE UNDERF"^NED IS ANY OTHEn LEGAL ENTITY, first describe the entity, then
provide the name, business address, and the percentage of interest of a|l individuals or legal
entities having an ownership or other beneficial interest in the entity.
Describe the entity:
Name
Business Address
Percentage Interest
SECTION TWO: BUSINESS RELATIONSHIPS WITH CiTY ELECTED OFFICIALS
A.
DEFINITIONS AND DISCLOSURE REQUIREMENT
1.
The Undersigned must indicate whether it had a "business relationship" with a City
elected official in the 12 months before the date this EDS is signed.
12/17/2003
REPORTS OF COMMITTEES
2.
Pursuant to Chapter 2 -156 of the Municipal Code of Chicago (the 'Municipal Code"), a
"business relationship" means any 'contractual or other private business dealing" of an
official, or his or her spouse, or of any entity in which an official or his or her spouse has a
"financial interest," with a person or entity vt^ich entitles an official to compensation or payment
in the amount of $2,500 or more in a calendar yean but a "financial interest" does not include:
(i) any ownership through purchase at fair market value or inheritance of less than 1 % of the
shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of
the value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended, (ii) the authorized
compensation paid to an official or employee for his office or employment; (iii) any economic
benefit provided equally to all residents of the City; (iv) a time or demand deposit in a financial
institution; or (v) an endowment or insurance policy or annuity contract purchased from an
insurance company. A "contractual or other private business dealing" does not include any
employment reiationsHp of an official's spouse with an entity when such spouse has no
discretion concerning or input relating to the relationship between that entity and the City.
B.
CERTIFICATION
1.
Has the Unuei-signtd had a "busiriess relationship" with any City elected official in the
12 months before the date this EDS is signed?
tJYes
tfNo
If yes, please identify below the name(s) of such City elected official(s) and describe
such relationship(s);
SECTION THREE: DISCLOSURE QF RETAINED PARTIES
A.
DEFINITIONS AND DISCLOSURE REQUIREMENTS
1.
The Undersigned must'disclose certain information about attomeys, lobbyists,
accountants, consultants, subcontr^ictorG, and any other person whom the Undersigned has
retained or expects to retain in connectionwith the Matter. In particular, the Undersigned mist
disclose the name of each such person, his/her business address, the nature of the
relationship, and the total amount ofthe fees paid or estimated to b>e paid. The Undersigned
is not required to disclose employees who are paid solely through the Undersigned's regular
payroll.
"Lobbyist" means any person (i) who, for compensation or on behalf of any person other than
himself, undertakes to influence any legislative or administrative action, or (ii) any part of
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
whose duty as an emptoyee of anottier includes undertaking to influence any legislative or
administrative action.
2.
Ifthe Undersignedis uncertainwhethera disdosureis requiredunderthls Section, the
Undersigned must either ask the City whether disclosure is required or make the disclosure.
B.
CERTIFICATION
Each and every attorney, kibbyist, accountant, consultant, subcontractor, or other person
retained or anticipated to be retained directly by the Undersigned with respect to or in
connection with the Matter is listed below [begin list here, add sheets as necessary]:
Name
Business
Relationship to Undersigned
(indicate
Address
(attomey, tobbylst, etc.)
whether
retained
or anticipated
to t>e retained)
r1in^(l>ny:cVr^I^.^yt^^^oo1W^^<?^V ^ ^ { } > O S u | V M
Fees (indicate whether
paid or estimated)
4n3.^^(j-0C) e?Vi<v<Mfd
m^r__^J^i coo_e£iirM 4 ^
[ ] CHECK HERE IF NO SUCH VffiMDUJU.3 HAVE BEBI RrrAire> BY IHE U NDERSIG^ED OR ARE ANnOPAIDTO
BE RETAMB) BY THE UrOBSKUEa
SECTION FOUR; CERTIFICATIONS
I.
CERTIFICATION OF COMPLIANCE
For purposes of the certifications In A B, and 0 below, the tenn "afliliate" means any individual
or entity that directly or indirectly: controls the Undersigned, is controlled by the Undersigned,
or Is. with the Undersigned, under common control of another individual or entity. Indicia of
control indude, without limitation: interiocking managementorownershtp;identity of interests
among family members; shared facilities and equipment; common use of employees; or
organization of a business entity fbltowing the ineligibility of a business entity to do business
with the federal govemment or a state or tocal govemment, including the City, using
substantially the same management, ownership, or principals as the ineligibleentity.
A.
The Undersigned is not delinquent in the payment of any tax administeredby the Illinois
Deparimentof Revenue, nor are the Undersignedor its afiiliatesdelinquentin paying anyfine,
fee, tax or other charge owed to the City. This includes all water charges, sewer charges,
license fees, paridng tickets, proper^ taxes or sales taxes. If there are any such
12/17/2003
REPORTS OF COMMITTEES
delinquencies, note them below:
If the letters "NA" the word 'None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
B.
The Undersigned and its affiliates have not, in the past five years, been found in
violation of any City, state or federal environmental law or regulation. If there have been any
such violations, note them below:
.,
tJo
If the letters 'NA" the word 'None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
C.
If the Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor
pennit their subcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in
connection with the Matter for the duration of time that such facility remains on the list.
D.
If the Undersigned is the Applicant, the Undersigned 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 Section Four, I, (A-C) above and will not, without the
prior written consent of the City, use any such contractor/subcontractorthat does not provide
such certifications or that the Undersigned has reason to believe has not provided or cannot
provide truthful certifications.
If the Undersigned is unable to make the certifications required in Section Four, paragraph I
(C) and (D) atrave, provide an explanation:
If the letters "NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
15297
15298
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
IL
CHILD SUPPORT OBUGATIONS • CERTIFICATION REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE
For purposes of this part, "Substantial Owner" means any individual who, directly or indirectly,
owns or holds a 10% or more interest in the Undersigned .Note: This may include individuals
disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in
an EDS filed by an entity holding an interest in the Applicant.
If the Undersigned's response below is #1 or #2, then all of the Undersigned's Substantial
Owners must remain in compliancewith any such child support obligations until the Matteris
completed. Failure of the Undersigned's Substantial Owners to remain in compliance with
their child suppori obligationsin the manner set forth in either#1 or#2 constituiesan eventof
default.
Check one:
1.
No Substantial Owner has been declared in arrearage on any child support
obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of
competent jurisdiction.
2.
The Circuit Court of Cook County, Illinois or another Illinois court of competent
jurisdiction has issued an onjerdeclaringoneormore Substantial Owners in arrearage
on child support obligations. All such Substantial Owners, however, have entered into
court-approved agreements for the payment of all such child support owed, and all
such Substantial Owners are in compliance with such agreements.
3.
The Circuit Court of Cook County, Illinois or another Illinois court of competent
jurisdiction has issued an order declaring one or more Substantial Owners in arrearage
on child support obligations and (a) at least one such Substantial Owner has not
entered into a court-approved agreement for the payment of all such child support
owed: or (b) at least one such Substantial Owner is not in compliancewith a courtapproved agreement for the payment of all such child support owed; or both (a) and
There are no Substantial Owners.
12/17/2003
HI,
REPORTS OF COMMITTEES
FURTHER CERTIFICATIONS
A.
The Undersigned and, if the Undersigned is a legal entity, its principals (officers,
directors, partners, members, managers, executive director):
1.
are not presently deban-ed, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from any transactions by any federal, state
or local unit of govemment;
2.
have not, within a five-year period preceding the date of this EDS, been
convicted j f a criminal offense, adjudged guilty, cr harl 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 antitmst 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 otherwise criminally or civilly charged by a
govemmental entity (federal, state or local) with commission of any of the
offenses enumerated in clause (A)(2) of this section;
4.
have not, within a five-year period preceding the date of this EDS, had one or
more public transactions (federal, state or local) temninated for cause or default;
and
5.
have not, within a five-year period preceding the date of this EDS, been
convicted, adjudged guilty, orfound liable in a civil proceeding, in any criminal or
civil action instituted by the City or by the federal govemment, any state, or any
other unit of local govemment.
The certifications in subparts B and D concem:
• the Undersigned;
• any party participating in the performance of the Matter ("an Applicable Party");
• any "Affiliated Entity" (meaning an individual or entity that, directly or indirectly:
controls the Undersigned, is controlled by the Undersigned, or is, with the
Undersigned, under common control of another individual 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 state or local govemment, including
the City, using substantially the same management, ownership, or principals as the
15299
15300
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
ineligibleentity); with respectto Applicable Parties, the term Affiliated Entity means
an individual or entity that directly or indirectly controls the Applicable Party, is
controlled by it, or, with the Applicable Party, is under common control of another
individual or entity;
any responsible official of the Undersigned, any Applicable Party or any Affiliated
Entity or any other official, agent or employee of the Undersigned, any Applicable
Party or any Affiliated Entity, acting pursuant to the direction or authorization of a
responsible official of fhe Undersigned, any Applicable Party or any Affiliated Entity
(collectively !Agents").
•
Neitherthe Undersigned, nor any Applicable Party, nor any Affiliated Entity of eitherthe
Undersigned or any Applicable Party nor any Agents have, during thefiveyears before
the date this EDS is signed, or, with respect to an Applicable Party, an Affiliated Entity,
or an Affiliated Entity of an Applicable Party during the five years before the date of
such Applicable Party's or Affiliated Entity's contract or engagementin connectionwith
the Matten
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 govemment or of any state or local govemment 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 or
collusion among bidders or prospective bidders, in restraint of freedom of
competition by agreement to bid afixedprice or otherwise; or
3.
made an admission of such conduct described in (1) or (2) above that is a
matter of record, but have not been prosecuted for such conduct; or
4.
violated the provisions of Section 2-92-610 of the Municipal Code (Living
Wage Ordinance).
C.
The Undersigned understands and shall comply virith (1) the applicable requirements of
the GovemmentalEthicsOnJinance ofthe City, Title 2, Chapter 2-156 of the Municipal
Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code
(Office of the Inspector General).
D.
Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their
employees, officials, agents or partners, is barred from contracting with any unit of state
or local govemment as a result of engaging In or being convicted of (1) bid-rigging in
violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-i; or (3)
12/17/2003
E.
REPORTS OF COMMITTEES
if the Undersigned is unable to certify to any of the above statements In this Part III, the
Undersigned must explain below:
Jit.
If the letters "NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
IV,
CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
For purposes of this Part IV, under Section 2-32-455(b) of the Municipal Code, the tenn
"financial institution* means a bank, savings and loan association, thrift, credit union, mortgage
banker, mortgage broker, trust company, savings bank. Investment bank, securities broker,
municipal securities broker, securities dealer, municipal securities dealer, securities
urxlerwriter. municipal securities underwriter, investmenttrust, venture capital company, bank
holding company, finandal services holding company, or any licensee under the Consumer
Installment Loan Act, the Sales Finance Agency Act, or the Residential Mortgage Licensing
AcL However, "finandal institution* specifically shall not indude any entity whose predominant
business is the providing of tax deferred, defined contribution, pension plans to public
employees in accordance with Sections 403(b) and 457 of the Intemal Revenue Code.
[Additional definitions may be found in Section 2-32-455(b) of the Munidpal Code.]
A
CERTIFICATION
The Undersigned certifies that the Undersigned [check one]
^is
_-X-'snot
a Tinancial institution' as defined In Section 2-32-455(b) ofthe Municipal Code.
B.
If the Undersigned IS a financial institution, then the Undersigned pledges:
"We are not and will not become a predatory lender as defined in Chapter 2 -32
of the Munidpal Code. Wefijrlherpledgethatnoneofour affiliates Is, and none
of them will become, a predatoiy lender as defined in Chapter 2-32 of the
Munidpal Code. We understand that becoming a predatory lender or becoming
an affiliate of a predatory lender may result in the loss of the privilege of doing
business with the City.'
If the Undersigned is unable to make this pledge because K or any of its affiliates (as
defined in Section 2-32-455(b) of the Munidpal Code) is a predatory lender within the
15301
15302
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
meaning of Chapter 2 -32 of the Municipal Code, explain here (attiach additional pages
If necessary):
x\±
.
If the letters *NA," the word "None," or no response appears on the lines above, it will be
conclusively presumed that the Undersigned certified to the above statements.
y.
CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Munidpal Code have the same
meanings when used in this Part V.
1.
In accordance wtth Section 2-156-110 of the Munidpal Code:
Does any ofiidal or .employee of the City have a finandal interest in his or her own
name or in the name of any other person in the Matter?
[lYes
I#No
NOTE: If you answered "No" to Kem V(1), you are not required to answer Items V(2)
or (3) below. Instead, review the certification In Kem V(4) and then proceed to Part VI.
If you answered "Yes" to Item V(1), you must first respond to Kem V(2) and provide
the information requested In Kem V(3). After responding to those Kems, review the
certification In Item V(4) and proceed to Part VI.
2.
Unless sold pursuant to a process of competitive bidding, no City elected offidal or
emptoyee shall have afinandalinterest In his or her own name or in the name of any
other person In the purchase of any property that (i) belongs io the City, or (il) is sold for
taxes or assessments, or (III) is sold by virtue of legal process at the suit of the City
(collectively, "City Property Sale"). Compensation for property taken pursuant to the
City's eminent domain power d oes not constitute afinandalinterest within the meaning
of this Partv.
Does the Matter involve a City Property Sale?
[JYes
pW
3.
lfyouan8wered'yes"toltemV(1),providethenamesandbuslnessaddressesof the
City offidals or employees having such interest and klentify the nature of such interest
Name
Business Address
Nature of Interest
12/17/2003
REPORTS OF COMMITTEES
4.
The UndersignedfurthercertifiesthatnoprohibitedfinandalinterestintheMatterwID
be acquired by any City offidal or emptoyee.
VK
CERTIFICATION REGARDING SLAVERY ERA BUSINESS
The Undersigned has searched any and all records of the Undersigned and any and all
predecessor entities for records of investments or profits from slavery, the slave industry, or
slaveholder insurance polides from the slavery era (induding insurance policies Issued to
slaveholders that provkJed coverage for damage to or injury or death of their slaves) and has
disclosed in this EDS any and all such records to the City. In additton, the Undersigned must
disdose the names of any and all slaves or slaveholders described in those records. Failure
to comply with these disctosure requirements may make the Matterto which this EDS pertains
voidable by the City.
Please check either (1) or (2) below. Ifthe Undersigned checks (2), the Undersigned
must disclose below or In an attachment to this EDS all requisite information as set
forth in that paragraph (2),
T N 1. The Undersigned verifies that (a) the Undersigned has searched any and all records
of the Undersigned and any and all predecessorentlties for records of investments or profits
from slavery, the slave industry, or slaveholder insurance polides, and (b) the Undersigned
has found no records of Investments or profits firom slavery, (he slave industry, or slaveholder
insurance policies and no records of names of any slaves or slaveholders.
2. The Undersigned verifies ttiat, as a result of conducting the search In step (1)(a)
above, the Undersigned has found records relating to investments or profits from slavery, the
slave industry, or slavehokier insurance policies and/or the names of any slaves or
slaveholders. The Undersigned verifiesthatthefbOowlngconstitutesfulldisdosureofallsuch
records:
15303
15304
JOURNAL-CITY COUNCIL-CHICAGO
SECTION FIVE:
I.
12/17/2003
CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS
CERTIFICATION REGARDING LOBBYING
A.
List betowthe names ofall IndMduals registered underthe federal Lobbying Disdosure
Actof 1995 who have madetobbyingcontacts on behalf of the Undersigned with respect to the
Matter [Begin list here, add sheets as necessary]:
Jit.
Pfno explanation appears or begins on the Unes above, or If the letters "NA'ar ifthe
word "None" appear, it will be condusively presumed that the Undersigned means
that NO Individuals registered under the Lobbying Disclosure Actof 1995 have made
lobbying contacts on behalf of the Undersigned with respect to the Matter.]
B.
The Undersigned has not spent and will not expend any federally appropriated funds to
pay any Individual listed In Paragraph (A) above for his or her lobbying activitiesor to pay any
individual to influence or attempt to influence an officeror employeeof any agency, as defi ned
by applicable federal law, a memt>er of Congress, an officer or employee of Congress, or an
employee of a member of Congress, in oonnection with the award of any federalty fijnded
contract, making any federaly funded grant ortoan,entering into any cooperative agreement,
cr to extend, continue, renew, amend, or modiiy any federally liinded contract, grant,toan,or
cooperative agreemenL
C.
The Undersigned will submit an updated certification at the end of each calendar
quarter in whtoh there occurs any event that materially affects the accuracy ofthe statements
and Infonnation set forth In paragraphs 1(A) and 1(B) above.
If the Matter is federally funded and any funds other than federally appropriated funds have
been or will be paidtoany individual for influendng or attempting to influence an officer or
emptoyee of any agency (as defined by applicable federal law), a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection
with the Matter, the Undersigned must complete and submit Standard Form4XL,
"Disclosure Form to Report Lobbying." in accordance with Its instructions. The form may
be obtained online from the federal Office of Management and Budget (OMB) web site at
httD://www.whltehouse.qov/omb/Qrant8/sfllBn.pdf. linked on the page
http:/Awww.whltehouse.aov/omb/arants/Qrants fbrms.html.
12/17/2003
REPORTS OF COMMITTEES
D.
The Undersigned certifies that either (i) it is not an organization described in section
501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in
section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not
engage in "Lobbying Activities".
E.
If the Undersignedis the Applicant,theUndersignedmustobtaincertificationsequalin
form and substance to paragraphs 1(A) through 1(D) above frbm all subcontractors before it
awards any subcontract and the Undersigned must maintain all such subcontractors'
certifications for the duration of the Matter and must make such certifications promptly
available to the City upon requesL
«.
CERTIFICATION REGARDING NONSEGREGATED FACILITIES
A.
If the Undersigned is the Applicant, the Undersigned does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments, andit does not
and will not permit its employees to perform their services at any location under its control
where segregated facilities are maintained.
"Segregated facilities," as used in this provision, means any vvaiting rooms, work
areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainmentareas,transportation.and housing provided for employees, that are segregated
by explidt directive or are in fact segregated on the basis of race, color, religion, sex, or
national origin because of habit, local or employee custom, or otherwise.
However, separated or single-user restrooms and necessary dressing or sleeping areas must
be provided to assure privacy between the sexes.
B.
If the Undersignedis the Applicantand the Matterisfederallyfunded, the Undersigned
will, before the award of subcontracts (if any), obtain identical certifications fi'om proposed
subcontradors under which the subcontractorwill be subject to the Equal Opportunity Clause.
Contracts and subcontracts exceeding $10,000, or having an aggregate value exceeding
$10,000 in any 12-month period, are generally subject to the Equal Qoportunity Clause. Seg,
41 CFR F^rt 60 for fijrther information regarding the Equal Opportunity Clause, The
Undersigned must retain the certifications required by this paragraph (B) for the duration of the
contract (ifany) and must make such certifications promptly available to the City upon request
C.
Ifthe Undersigned Is the Applicantand the Matteris federallyfunded, the Applicantwill
forward the notice set forth below to proposed subcontractors:
15305
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JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR
CERTIFICATIONS OF NONSEGREGATED FACIUTIES
Subcontractors must submit to the Contractor a Certification of Nonsegregated
Fadlities before the award of any subcontract under which the subcontractorwill be
subject to the federal Equal Opportuntty Clause. The subcontractor may submit such
certifications either for each subcontractor for all subcontracts during a period (e.g.,
quarteriy, semiannually, or annually).
!!L
CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Federal regulations require prospective contiactors for federallyfunded Matters (e.g., ttie
Appltoant) and proposed subcontiBctorsto submit the fdtowing infonnation witti ttieir bids or In
writing at ttie outset of negotiations. (NOTE: This Part III Is t o be completed only if the
Undersigned Is t h e Applicant.)
A.
B.
C.
Have you devetoped and do you have on file affirmative action programs pursuant to
appitoable federal regulations? (See 41 CFR Part 60-2.)
[]Yes
(]No
ffN/A
Have you partidpatedin any previous contracts or subcontracts subject to the
equal opportuni^ dause?
[JYes
[INo
^N/A
HaveyoufiledwittittieJointReporttngCommlttee,theDlrectorcffttieOfficeof Federal
Contract Compliance Programs.orttie Equal Empksyment Opportunity Commisston afl
reports due underthe applicable filing requirements?
(lYes
[JNo
^N/A
SECTION SIX;
NOTICE ANP ACKNOWLEDGMENT REGARDING
GOVERNMENTAL ETHICS AND CAMPAIGN FINANCE ORDINANCES
CITY
The City's Govemmental Ettiics and Campaign Rnandng 0rdinances,Chapter8 2 -156and2164 of Uie Munidpal Code, impose pertain duties and obligations on Individuals or entities
seeking City contracts, wortc, business, or ti-ansacUons. The Eioard of EUiics has developed
an ettiics tiaining program for such Individuals and entities. The full text of ttiese ordinances
and Uie training program is available on line at wvw.dtvofchlcaao.oro/Ethlcs/. and may also
t>e obtained from ttie City's Board of Ettiics, 740 N. Sedgwick St., Suite 500, Chicago, IL
60610,
Telephone:
(Omitted f o r p r i n t i n g purposes).
12/17/2003
REPORTS OF COMMITTEES
The f o l l o w i n g i s d e s c r i p t i v e only and does n o t p u r p o r t t o cover
every a s p e c t of C h a p t e r s 2-156 and 2-164 of t h e Municipal Code.
The Undersigned must comply f u l l y w i t h t h e a p p l i c a b l e o r d i n a n c e s .
^
BYCHECKING THIS BOX THEUNDERSIGNED ACKNOWLEDGESTHAT
THE UNOERSKSNEO UNDERSTANDS THAT THE C n V s GOVERNMENTAL ETHICS ANO
CAMPAIGN FINANCING ORDINANCES, AMONG OTHER THINGS:
1)
Provide that any contract negotiated, entered into or performed in violation of
the City's ethics laws can be voided by the City.
2)
Limit the gifts and favors any individual or entity can give, or offer to give, to any
City official, employee, contractor or candidate for elected City office or the
spouse or minor child of any of them, including:
a.
b.
any cash gift or any anonymous gift; and
any gift based on a mutual understanding that Uie City official's or
employee's or City contractor's actions or dedsions will be
influenced in any way by Uie gift.
3)
Prohibit any City elected offidal or City employee from having a finandal
interest, direcUy or indirectiy, in any contract, woric,ti'ansactionor business ofthe
City, if that Interest has a cost or present value of $5,000 or more, or if Uiat
interest entiUes the owner to receive more than 32,500 per year.
4)
Prohibit any appointed City offidal from engaging in any contract, work,
transaction or business ofthe City, unless the matter is wholly unrelated to'the
appointed offidal's duties or responsibilities.
5)
Provide that City employees and officials, or their spouses or minor children,
cannot receive compensation or anything of value In retum for advice or
assistance on matters conceming the operation or business of the City, unless
their services are wholly unrelated to their City duties and responsibilities.
6)
Provide that former City emptoyees and offidals cannot, for a period of one year
after their City employment ceases, assist or represent another on any matter
involving the City if, while with the Cily, Uiey were personally and substantially
Involved in the same matter.
15307
15308
JOURNAL-CITY COUNCIL-CHICAGO
7)
12/17/2003
Provide that former City emptoyees and offidals cannot ever assist or represent
anottier on a City contract if, while witti ttie City, ttiey were personally involved in or
direcUy supervised the formulation, negotiation or execution of ttiat contracL
SECTION SEVEN: CONTRACT
DISCLOSURE
INCORPORATION. COMPLIANCF. PENALTIES.
The Undersigned understands and agrees that:
A.
The certifications, disclosures, and acknowledgments contained in this EDS will
become part of any contract or other agreement between ttie Applicant and the City in
connection vAVnttieMatter, whether procurement. City assistance, or ottier City action, and are
material inducements to the City's execution of any contract or taking other action wiVn respect
tothe Matter. The Undersigned understandsttiatitmustcomplywith all statutes, ordinances,
and regulations on which this EDS is based.
B.
If the City determines that any information provided in this EDS is false, incomplete or
inaccurate, any conti'act 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 underthe contractor
agreement (if not rescinded, void or voidable), at law, or in equity, induding tenninating the
Undersigned's participation in he Matter and/or dedining to allow the Undersigned to
participate in other transactions with ttie City.
C.
Some or all of the information provided on this EDS and any attachments to this EDS
may be made available to the public on the Intemet, in response to a Freedom of Infonnation
Act request, or otherwise. By completing and signing this EDS, the Undersigned waives and
releases any possible rights or daims which it may have against the City in connection witti Uie
public release of information contained in this EDS and also authorizes the City to verify the
accuracy of any information submitted in this EDS.
D'.
The Undersigned has not withheld or reserved any disdosures as to economic interests
in Uie Undersigned, or as to the Matter, or any infomiation, data or plan as to the intended use
or purpose for which the Applicant seeks City Council or other City agency action.
E.
The information provided in this EDS must be kept cun-ent. In the event of changes, ttie
Undersigned must supplement this EDS upto ttie time the City takes action on the Matter.
12/17/2003
REPORTS OF COMMITTEES
CERTmCA'nON
Under penalty of peijury the person signing below: (1) warrants that iie/she is authorized
to execute this EDS on behalf of the undersigned, and (2) warrants that all certifications
and statements contained in this EDS are true, accurate and complete as ofthe date
fumished to the City.
Little VillaRe-26''' {Street Area Chamber of Commerce
Date: ll-OT-OS
(frin or typ> a n v oriidividail cr I q ^ crttty wtnailiiif this EDS)
By:
JAfL A SL U^y
(•ipihen)
Print or name of signatory:
iDeJ
Title of signatoty
Executive Director
Subscribed to before nie on [date] MoV. 1 , ^ O d ^ . at
i ^ Q >^
Commission expires:
County,
"yfeg^i^^,-v^U5a^
l - < P ^ ' ^ ^ S 'TAIIY
! : S tPUBLIC
^ L V• .' •^*^' =^ »^^ ' * N O
\
' W v w - , . . " "fU|^:o?«eii>s \
15309
15310
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 4.
(To Service Provider Agreement For
Special Service Area Number 25)
Contractor's Insurance Provisions
Special Service Area Number 25
Little Village - 26'" Street Area
Chamber Of Commerce.
The Contractor must provide and maintain at Contractor's own expense, during
the term of this Agreement, and during the time period following expiration if
Contractor is required to r e t u m and perform additional Services, the insurance
coverages and requirements specified below, insuring all operations related to the
Agreement.
A. Insurance To Be Provided.
1)
Workers' Compensation And Employer's Liability.
Workers' Compensation, as prescribed by applicable law covering all
employees who are to provide a service under this Agreement and
Employer's Liability coverage with limits of not less than One Hundred
Thousand Dollars ($100,000) each accident or illness.
2)
Commercial General Liability (Primary And Umbrella).
Commercial General Liability Insurance or equivalent with limits of not
less than One Million Dollars ($1,000,000) per occurrence for bodily
injury, personal injury and property damage liability. Coverage must
include the following: all premises and operations, products/completed
operations, separation of insureds and contractual liability (with no
limitation endorsement). The City of Chicago is to be named as additional
insured on a primary, noncontributory basis for any liability arising
directly or indirectly from the Services.
3)
Automobile Liability (Primary And Umbrella).
When any motor vehicles (owned, non-owned and hired) are used in
12/17/2003
REPORTS OF COMMITTEES
15311
connection with work to be performed, the Contractor must provide
Automobile Liability Insurance with limits of not less than One Million
Dollars ($ 1,000,000) per occurrence for bodily injury and property damage.
4)
Professional Liability.
When any professional consultants (e.g., C.P.A.s, attomeys, architects,
engineers, construction managers) perform work in connection with this
Agreement, Professional Liability Insurance covering acts, errors or
omissions must be maintained with limits of not less than Five Hundred
Thousand Dollars ($500,000). Coverage must include contractual liability.
When policies are renewed or replaced, the policy retroactive date must
coincide with, or precede, start of work on the Agreement. A claims-made
policy which is not renewed or replaced must have an extended reporting
period of two (2) years.
5)
Crime.
Contractor must be 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. The Contractor may self-insure for this
exposure.
B. Security Firms.
If the Contractor enters into a subcontract with a Security Firm, such Security
Firm must be certified by the State oflllinois, 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 Provisions set forth in (Sub) Exhibit 5 of this
Agreement, attached hereto and incorporated by references as though fully set
forth herein.
C. Other Requirements.
The Contractor will fumish the City of Chicago, Department of Planning and
Development, Community and Neighborhood Development, Room 1000,121 North
LaSalle Street, 60602, original Certificates of Insurance evidencing the required
15312
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
coverage to be in force on the date of this Agreement, and Renewal Certificates of
Insurance, or such similar evidence, ifthe coverages have an expiration or renewal
date occurring during the term of this Agreement. The Contractor must submit
evidence of insurance on the City of Chicago Insurance Certificate of Coverage
Form (copy attached) prior to award 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 requirements of this
Agreement. The failure of the City to obtain certificates or other insurance
evidence from Contractor must not be deemed to be a waiver by the City. The
Contractor must advise all insurers of the Agreement provisions regarding
insurance. Nonconforming insurance must not relieve Contractor ofits obligation
to provide insurance as specified herein. Nonfulfillment of the insurance
conditions may constitute a violation of the Agreement, and the City retains the
right to stop work until proper evidence of insurance is provided, or the Agreement
may be terminated.
The insurance must provide for sixty (60) days prior written notice to be given
to the City in the event coverage is substantially changed, canceled, or nonrenewed.
Any deductibles or self-insured retentions on referenced insurance coverages
must be bome by Contractors.
The Contractor agrees that insurers must 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 the Contractor under the 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 Contract given as a matter of law.
The Contractor must require all subcontractors to provide the insurance
required herein, or Contractor may provide the coverage for subcontractors. All
12/17/2003
REPORTS OF COMMITTEES
15313
subcontractors are subject to the same insurance requirements of Contractor
unless otherwise specified herein.
IfContractor, or its subcontractors, desire additional coverage, the party desiring
the additional coverages is responsible for the acquisition and cost.
The City ofChicago Risk Management Department maintains the right to modify,
delete, alter or change these requirements.
[City of Chicago Insurance Certificate of Coverage form referred
to in these Contractor's Insurance Provisions
unavailable at time of printing.]
(Sub)Exhibit 5.
(To Service Provider Agreement For
Special Service Area Number 25)
Security Firm Insurance Provisions
Special Service Area Number 2 5
Little Village - 2&" Street Area
Chamber Of Commerce.
The Security Firm must provide and maintain at Security Firm's own expense,
until Contract completion, and during the time period following expiration if the
Security Firm is required to return and perform additional Services, the insurance
coverages specified below, insuring all operations related to the Contract.
A. Insurance To Be Provided.
1)
Workers' Compensation And Employer's Liability.
Workers' Compensation, as prescribed by applicable law covering all
employees who are to provide a service under this Contract and Employer's
Liability coverage with limits of not less than Five Hundred Thousand
Dollars ($500,000) each accident or illness.
15314
2)
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Commercial General Liability (Primary And Umbrella).
CommerciEil General Liability Insurance or equivalent with limits of not
less than One Million Dollars ($1,000,000) per occurrence for bodily
injury, personal injury and property damage liability. Coverage must
include the following: all premises and operations, products/completed
operations, separation of insureds and contractual liability (with no
limitation endorsement). The S.S.A.C, the City of Chicago and the
Contractor are to be named as additional insureds on a primciry, noncontributory basis for any liability arising directly or indirectly from the
work.
3)
Automobile Liability (Primary And Umbrella).
When any motor vehicles (owned, non-owned and hired) are used in
connection with work to be performed, the Security Firm must provide
Automobile Liability Insurance with limits of not less than One Million
Dollars ($ 1,000,000) per occurrence for bodily injury and property damage.
4)
Professional Liability.
Professional Liability Insurance covering acts, errors or omissions must be
maintained with limits ofnot less than One Million Dollars ($1,000,000).
Coverage must include contractual liability. 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. Other Requirements.
The Security Firm will fumish the Contractor original Certificates of Insurance
evidencing the required coverage to be in force on the date of this Contract, and
Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have
an expiration or renewal date occurring during the term of this Contract. The
Security Firm must submit evidence of insurance prior to Contract award. 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
12/17/2003
REPORTS OF COMMITTEES
15315
requirements. The failure of the Contractor to obtain certificates or other
insurance evidence from Security Firm must not be deemed to be a waiver by the
Contractor. The Security Firm must advise all insurers ofthe Contract provisions
regarding insurance. Nonconforming insurance must not relieve Security Firm of
its 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 insurance must provide for sixty (60) days prior written notice to be given
to the Contractor in the event coverage is substantially changed, canceled, or nonrenewed.
Any deductibles or self-insured retentions on referenced insurance coverages
must be bome by Security Firm.
The Security Firm agrees that insurers must waive their rights of subrogation
against the Contractor and the City of Chicago, its employees, elected officials,
agents, or representatives.
The coverages and limits fumished by Security Firm in no way limit the Security
Firm's liabilities ctnd responsibilities specified within the Contract or by law.
Any insurance or self-insurance programs maintained by the Contractor must
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.
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 herein.
If Security Firm desires additional coverages, the Security Firm and each ofits
subcontractors desiring the additional coverages is responsible for the acquisition
and cost.
The Contractor maintains the right to modify, delete, alter or change these
requirements.
JOURNAL-CITY COUNCIL-CHICAGO
15316
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 1 of 9)
Cook County Prevailing Wage For November, 2003.
Trade Mame
ASBESTOS ABT-GEN
ASBESTOS ABT-MEC
BOILERMAKER
BRICK MASON
CARPENTER
CEMENT MASON
C E R A M I C T I L E FNSHER
COMM. ELECT.
E L E C T R I C PWR E Q M T O P
E L E C T R I C PWR G R N D M A N
E L E C T R I C PWR L I N E M A N
ELECTRICIAN
ET.RVATOR C O N S T R U C T O R
FENCE ERECTOR
GLAZIER
H T / F R O S T INSULATOR
IRON WORKER
LABORER
LATHER
MACHINIST
MARBLE FINISHERS
MARBLE MASON
MILLWRIGHT
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
O P E R A T I N G ENGINEER
O P E R A T I N G ENGINEER
O P E R A T I N G ENGINEER
O R N A M N T L 1IRON WORKER
RG TYP„C Base
ALL
BLD
BLD
BLD
ALL
ALL
BLD
BLD
ALL
ALL
ALL
ALL
BLD
ALL
BLD
BLD
ALL
ALL
BLD
BLD
ALL
BLD
ALL
BLD
BLD
BLD
BLD
FLT
FLT
FLT
FLT
HWY
HWY
HWY
HWY
HWY
ALL
1
2
3
4
1
2
3
4
1
2
3
4
5
29. 000
23. 300
35. 600
30. 550
33. 320
34. 000
24. 450
29. 94 0
33. 000
25. 740
33. 000
33. 650
35.,655
23.,540
29..000
30..450
32,.580
29,.000
33,.320
33,.230
24 .050
30 .550
33 .320
35 .700
34 .400
31 .850
30 .100
38 .350
36 .850
32 .800
27 .300
33 .900
33 .350
31 .300
29 .900
28 .700
30 .850
FRMAN *M-F>e OSA OSH H/W
29. 750
24. 800
38. 800
32. 550
34. 820
35. 000
0. 000
32. 340
38. 450
38. 450
38. 450
36..150
40.,110
24.,790
30..000
32..200
34..080
29,.750
34,.820
34,.980
26 .050
32 .550
34 .820
39 .700
39 .700
39 .700
39 .700
38 .350
38 .350
38 .350
38 .350
37 .900
37 .900
37 .900
37 .900
37 .900
32 .600
1. 5
1. 5
2. 0
1. 5
1. 5
2. 0
2. 0
1. 5
1.,5
1. 5
1..5
1.,5
2.,0
1..5
1..5
1..5
2..0
1,.5
1 .5
2 .0
1 .5
1 .5
1 .5
2 .0
2 .0
2 .0
2 .0
.5
.5
.5
.5
.5
.5
.5
.5
.5
2 .0
1. 5
1. 5
2. 0
1. 5
1. 5
1. 5
1. 5
1. 5
1. 5
1. 5
1. 5
1.,5
2..0
1..5
2..0
1,.5
2,.0
1,.5
1 .5
2 .0
1 .5
1 .5
1 .5
2 .0
2 .0
2 .0
2 .0
.5
.5
.5
.5
.5
.5
.5
.5
.5
.0
2. 0 4. 170
2. 0 3. 640
2. 0 4. 550
2. 0 4. 950
2. 0 4. 930
2. 0 5. 080
2. 0 4. 750
2. 0 5. 100
2. 0 5. 570
2. 0 4. 350
2. 0 5.,570
2. 0 7.,450
2. 0 5.,775
2.,0 6..000
2.,0 5,.340
2.,0 6..810
2..0 6 .000
2,.0 4 .170
2 .0 4 .930
2 .0 3 .200
2 .0 4 .470
2 .0 4 .950
2 .0 4 .930
2 .0 5 .700
2 .0 5 .700
2 .0 5 .700
2 .0 5 .700
2 .0 5 .400
2 .0 5 .400
2 .0 5 .400
2 .0 5 .400
2 .0 5 .700
2 .0 5 .700
2 .0 5 .700
2 .0 5 .700
2 .0 5 .700
2 .0 6 .000
Pensn
Vac
3. 380
5. 520
5. 690
5. 860
4 .140
3. 750
3. 950
5. 240
7. 770
6. 060
7. 770
5. 980
2. 880
5. 320
7.,900
8.,010
9..660
3..3 80
4 .140
3 .600
5 .860
5 .860
4 .140
4 .500
4 .500
4 .500
4 .500
4 .250
4 .250
4 .250
4 .250
4 .500
4 .500
4 .500
4 .500
4 .500
7 .870
0. 000
0. 000
0. 000
0. 000
0. 000
0. 000
0. 000
0. 000
0. 000
0. 000
0. 000
0. 000
2. 140
0. 000
0.,000
0..000
0,.000
0 .000
0 .000
2 .290
0 .000
0 .000
0,.000
1,.800
1,.800
1,.800
1 .800
1 .700
1 .700
1 .700
1 .700
1 .800
1 .800
1 .800
1 .800
1 .800
0 .000
Trng
0. 170
0. 000
0. 210
0. 550
0. 440
0. ISO
0. 210
0. 700
0. 170
0. 120
0. 170
0. 750
0. 000
0. 000
0.,400
0..230
0 .270
0 .170
0 .440
0 .000
0 .550
0 .550
0 .440
0 .550
0 .550
0 .550
0 .550
0 .000
0 .000
0 .000
0 .000
0 .550
0 .550
0 .550
0 .550
0 .550
0 .750
12/17/2003
REPORTS OF COMMITTEES
15317
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 2 of 9)
Cook County Prevailing Wage For November, 2003.
Trade Name
RG TYP.'C Base
FAINTER
PAINTER SIGNS
PILEDRIVER
PIPEFITTER
PLASTERER
PLUMBER
ROOFER
SHEETMETAL WORKER
SIGN HAHGER
SPRINKLER FITTER
STEEL ERECTOR
STONE MASON
TERRAZZO FINISHER
TERRAZZO MASON
TILE MASON
TRAFFIC SAFETY WRKR
TRUCK DftlVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TRUCK DRIVER
TUCKPOINTER
E
E
E
E
W
W
W
W
ALI
BLD
ALL
BLD
BLD
BLD
BLD
BLD
BLD
BLD
ALL
BLD
BLD
BLD
BLD
HWY
ALL
ALL
ALL
ALL
ALL
ALL
ALL
ALL
BLD
31 .350
25 .530
33 .320
34 .000
29 .990
36 .000
30 .850
30 .730
22 .530
33 .700
32 .580
30 .550
25 .140
29 .050
2d .050
22 .050
26 .900
27 .150
27 .350
27 S50
27 .500
27 .650
27 .850
28 .050
32 .200
PRMAN *M-F>B OSA OSH H/W
Pensn
35 .260
28 .660
34 .820
36 000
30 990
38 000
32 .850
33 ,190
23 .380
35 .500
34 ,080
32 .550
0 000
30 550
31 850
23 550
27 .550
27 SSO
27 ,550
27 .550
28 .050
28 .050
28 .050
28 .050
33 .200
4.400
2.040
4.140
5.350
5.450
3.040
2.460
6.790
1.890
5.000
9.660
860
630
550
750
800
3.200
200
.200
.200
,100
.100
;100
,100
.340
1.5
1.5
1.5
2.0
2.0
2.0
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1:5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
l.s
700
600
930
720
500
100
120
310
730
600
000
950
450
450
750
478
200
200
200
200
200
200
200
200
760
Vac
Trng
0.000
340
0.000
000
0.000
440
000
000
000
400
000
390
000
320
000 0.490
440 0.000
000
450
000
270
000
550
000
200
000
160
0.000
430
0.000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000 0.580
Legend:
M-F>e (Overtime Is required for any hour greater tSian 8 worked
each day, Monday through Friday.
OSA
(Overtime is required for every hour worked on Saturday I
OSH
(Overtime is required for every hour worked on Sunday and Holidays)
H/K
(Health k Welfare Insurance)
Fensn (Pension)
Vac (Vacation)
Trng (Training)
15318
JOURNAL-CITY COUNCIL-CHICAGO
1 2 / 1 7 / 2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 3 of 9)
Explanations.
COOK COUNTY
TRUCK DRIVERS (WEST) - That part of the county West of Barrington
Road.
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial/Decoration
Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day,
Christmas Day. 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 such as the day after Thanksgiving for Veterans Day.
If in doubt, please check with IDOL.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material from any place in a
building, including mechanical systems where those mechanical systems
are to be removed. This includes the removal of asbestos materials
from ductwork or pipes in a building when the building is to be
demolished 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
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 4 of 9)
Explanations.
not limited to thin-set mortars, epoxies, wall mud, and any other sand
and cement mixtures or a(ihesives when used in the preparation,
installation, repair, or maintenance of tile and/or similar materials.
The handling and unloading of all sanci, cement, lime, tile, fixtures,
equipment, a<ahesives, 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 ecjuipment 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 mateiral that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble.
15319
15320
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 5 of 9)
Explanations.
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 installatin 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 experiors 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 experior
which sare installed in a similar manner.
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.
i
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;
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 6 of 9)
Explanations.
slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled
dumpman; and Truck Drivers hauling waming 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 ecjuipment 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 ecpiipment like P.B. and trucks with scoops on the front.
OPERATING ENGINEERS - BUILDING
Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde;
Backhoes with Caisson attachment; Batch Plant; Benoto; 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 Paver; Concrete
Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted);
Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and
similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All;
Derricks, Traveling; Formless Curb and Gutter Machine; Grader,
Elevating; Grouting Machines; 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; Pile
Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump
15321
15322
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 7 of 9)
Explanations.
Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised
and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn;
Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and
Side Boom; Trenching Machines.
Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom,
All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift
Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic;
Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine;
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 - (Rheostat
Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting,
and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4
small Electric Drill Winches; Bobcat (up to and including 3/4 cu.
yd.) .
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick
Forklift.
OPERATING ENGINEERS - FLOATING
Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer
(hydraulic dredge).
Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer
(hydraulic dredge), leverman (hydraulic dredge), and diver tender.
Class 3. Deck equipment operator (machineryman), maintenance of crane
(over 50 ton capacity) or backhoe (96,000 pounds 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) and crane maintenance 50 ton capacity and under or
backhoe weighing 96,000 pounds or less, assistant tug operator.
OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer
12/17/2003
REPORTS OF COMMITTEES
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 8 of 9)
Explanations.
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, Hammerhead, Linden, Peco &
Machines of a like nature; Crete Crane; Crusher, Stone, etc. ;
Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine
with Air Compressor; Dredges; Field Mechanic-Welder; Formless Curb and
Gutter Machine; Gradall and Machines of a like nature; Grader,
Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form
Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted;
Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with
shear attachments; Mucking Machine; Pile Drivers and Skid Rig;
Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid
Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver;
Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic
Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached
pusher - two engineers); Tractor with Boom; Tractaire with
Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom;
Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring
and/or Mining Machines; 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,
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor
Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist
- Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments);
Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Scjueeze
Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt;
Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone,
etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size);
Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc,
Compactor, etc.; Tug Boats.
15323
15324
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 6.
(To Service Provider Agreement For
Special Service Area Number 25)
Prevailing Wages.
(Page 9 of 9)
Explanations.
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.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep
Diggers; 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 Ecjuipment Operator;
Directional Boring Machine; Generators; Heaters, Mechanical;
Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); HydroBlaster; Light Plants, All (l through 5); Pumps, over 3" (1 to 3 not
to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding
Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 5.
Bobcats (all); Brick Forklifts, Oilers.
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
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 recjuires these, or any classification not
listed, please contact IDOL at 618/993-7271 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 ecjuipment 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.
12/17/2003
REPORTS OF COMMITTEES
15325
(Sub)Exhibit 7.
(To Service Provider Agreement For
Special Service Area Number 25)
Performance Bond Form.
CONTRACTOR'S PERFORMANCE & PAYMENT BOND
'^naixt ^ 1 ^ e n by tl{esf Presents,
That we,
Principal, hereinafter referred to as Coatractor, and
.Surety
of the County of Cook and State of niinois, are held and firmly bound unto the CITY OF CHICAGO in the penal sum of
lawful money of the United States, for the payment of which sum of money, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, finnly by these presents.
^ealeh
with our seals and dated this
day of
A.D., 20
^ i \ t (HotiMtton of tl{e ^ a i i t C&bltgatton ts suti\,
That whereas the above bounden Contracior has entered into a certain contract with the CITY OF CHICAGO, bearing
Contract No.
and Specification 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 indenmification provisioas.
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 piescsibed, and
further shall save, indenmify, and keep hannless the City of Chicago against all loss, damages, claims, liabiUties, 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 ituy result from strict liability, or which may in anywise result from any injuhes 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
15326
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
performed under said contract by said Contractor, its AgenU, Employees or Workmen, assignees, subcontractois, 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 requiremenu of said contract, wherefore the said Purchasing Agent shall have elected lo suspend or cancel the same, and shall pay
all claims and demands whatsoever, which may accnie to each and every materialman and subconuactor, 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 iu liability to pay the compensation, and thall
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 benenciaries or dependenu of any such person, under the provisions
of the Workers' Compensation Act, 820 ILCS 305, as amended, and the Workers' Occupauonal Disease Act, 820 ILCS 310, as amended
(hereinafter referred to as "Acu") then is this obligation to be null and void, otherwise to remain in full fortie and effect.
And it is hereby expressly understood and agreed, and made a condidon hereof, that any judgement rendered against said City in
any suit based upon any loss, damages, claims, liabilities, judgemenu, cosu or expenses which may in anywise accrue against said City
as a consequence of the granting of laid 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 propeity. arising directly or indirectly from, or in connection with,
work performed, or to be perfoimed under said contract by said Contractor or its agenu, employees or woikmen, assignees, subcontractors, or anyone else and also any decision of the Industrial Commission of the State of Illinois, and any order of cxxin 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 lo amount, liability and all other things penaining thereto.
«
Every person furnishing material or performing labor in the perfoimance of said connact. either as an individual, as a sulKontractor,
or otherwise, shall have the right to sue on this bond in the name of the Cily of Chicago for his use and benefit and in such suit said peison
as plaintiff, shall file a copy of this bond, certified by the party or panics in whose charge this bond shall be, which copy shall be, unless
execution thereof be denied under oath, prima facie evidence of the execution and deUvery of the original; piovided, that nothing in Ihis
bond contained shall be uken lo make the Oty of Chicago Uable to any subcontractor, materialman, laborer or to any other person to any
greater extent than it would have been Uable prior to the eiuctment of the PubUc Constiuction Bcmd Act, 30 U J C S SSO, as amended;
provided further, that any person having a claim forHabor and materials furnished in the perfoimance of this contract shaU have no right of
action unless he shall have filed a verified notice of such claim with the Geik of the City of Chicago vrithin 180 days after the date of the
last item of woik or the fiimishing of the last item of materials, and shaU have funushed a copy of such verified notice to the contnctor
within 10 days of the filing of the nodce with the City of Chicago. Such claim shall tK verified and shall contain the name and address of
the claimant, the business address of the claimant within the State of IlUnois, if any, or if the claimant be a foreign coiporaticm having no
place of business with the Sute the principal placx of business of said coiporation, and in aU cases of parmenhip the names and residences
of each of the pameis, the name of the contnctor for the City of Chicago, the name of the person, firm or coiporation by whom Ihe
claimant was employed or to whom such claimant fiimished materials, the amount of the claim and a brief description of the pubUc
improvement for the construction or installation of which the contract is to be perfoimed. Provided, further. Ihat no defect in the notice
herein provided for shaU deprive the claimant of his right of action under the terms and provisions of this bcmd unless it shall afiirmatively
appear that such defect has prejudiced the righu of an interested pany asserting the same; provided, further, that no acticm shall be
brought imtil the expiration of one hundred twenty (120) days aher the date of the last item of work or of die furnishing of the last item of
material, except in cases where the final senlement between the City of Chicago and the Contractor shall have been made prior to Ihe
expiration of the 120 day period in which case acrtion may be taken immediately following such final settlement, and provided, finther, that
no action of any kind shall be brought later than six (6) months after the acceptance by the Qty of Chicago of the completion of work.
Any suit upon Ihis bond shall be brought only in a circuit court of the Slate of Dlinois in the judicial disDict in which the contnci shall have
been perfoimed.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additicm to Ihe terms
of any of the Contract Documenu comprising said contract, or to thc woik to be peiformed thereunder, shall in anywise affea the
obUgations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tenns of said
Contract Documenu or to the work.
REPORTS OF COMMITTEES
12/17/2003
15327
{Sf«I)
Approved.
^20_
(Seal)
(S««l)
Puidiaaiig Agent
(Seid)
Approved <s to fomi and legality:
(Seal)
(Seal)
As^stant Cerpontion Counsel
STATE OF ILLINOIS,! „
COUNTY OF COOK, J
, a Notary PubUc in and for the County and State
I,
aforesaid, DO HEREBY CERTtFY that.
.
President and
. Secretary of lhe_
Z
o
wbo are personally known to me to be the same persons whose names are subscribed in the foregoing instrument as
il
such.
. President and_
. Secretary, appeared
before me this day in person and acknowledged that they signed, sealed and delivered the said instniment of writing as
uo
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
Notary PubUc
20_
12/17/2003
JOURNAL-CITY COUNCIL-CHICAGO
15328
/ STATE OF ILLINOIS,! „
COUNTY OF COOK, J
_, a Notary PubUc in and for the County and Stiite
aforesaid, DO HEREBY CERTIFY that_
o
o
u
to be the same person.
. whose name.
. personally known
_who_
. of t h e .
. subscribed in the foregoing instniment as s u c h .
_i, appeared before me this day in person and acknowledged that.
signed, sealed and deUvered the said instrument of writing a s .
.free and voluntaiy act, aiwi as the free
and voluntary act of die said
for Ihe uses and puiposes therein set forth, and claused the corporate seal of said Company lo be thereto attached.
CO
GIVEN under my hand and Notarial Seal this
day of
Notary PubUc
\
(
20.
STATE OF ILLINOIS,! „
COUNTY OF COOK, J
, a Notary PubUc in and for the County and State
aforesaid, DO HEREBY CERTIFY that
who
personally known to me lo be the same persons whose n a m e .
instmment. appeared before me ihis day in peison and acknowledged that
said instniment of writing as
he
signed, sealed and deUvered the
free and voluntary act, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this
\
.subscribed in Ihe foregoing
day of
20
Notary PubUc
onc-ieazii-2«-i
12/17/2003
REPORTS OF COMMITTEES
15329
(Sub)Exhibit 8.
(To Service Provider Agreement For
Special Service Area Number 25)
Contractor Affidavit.
Contractor Name:
Special Service Area Number:
Agreement ("Agreement"):
Agreement
between
the
City of Chicago
and
, relating to the provision of special services
dated
.
Affidavit.
The undersigned,
, as
, and on
behalf of
, having been duly swom under oath, certifies that
in the year
, it performed all of the Services described in
(Sub)Exhibit 1 ofthe Agreement in accordance with the terms ofthe Agreement and
that it spent all funds obtained from the City in connection with that Agreement on
the Services described in (Sub)Exhibit 1.
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)
15330
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
State of
County of
Swom to and acknowledged before me by
as
[title] of
this
day of
, 20 .
[name of signatory]
[name of contracting party]
Signature of Notary
AUTHORIZATION FOR ESTABLISHMENT OF SPECIAL SERVICE
AREA NUMBER 26, IMPOSITION OF TAX LEVY,
APPROVAL OF 2 0 0 4 BUDGET AND EXECUTION
OF SERVICE PROVIDER AGREEMENT.
The Committee on Finance submitted the following report:
CHICAGO, December 17, 2003.
To the President and Members of the City Council:
Your Committee on Finance, having had under consideration an ordinance
authorizing the establishment of Special Service Area Number 26, the imposition of
a tax levy, the approval of the 2004 budget and the execution of a Service Provider
Agreement for Special Service Area Number 26, amount to be levied: $230,000,
having had the same under advisement, begs leave to report and recommend that
Your Honorable Body Pass the proposed ordinance transmitted herewith.
12/17/2003
REPORTS OF COMMITTEES
15331
This recommendation was concurred in by a viva voce vote of the members of the
Coinmittee.
Respectfully submitted,
(Signed)
EDWARD M. BURKE,
Chairman.
On motion of Alderman Burke, the said proposed ordinance transmitted with the
foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger,
Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas,
Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio,
Bumett, E. Smith, Carothers, RebojTas, Suarez, Matlak, MeU, Austin, Colon, Banks,
Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller,
Schulter, M. Smith, Moore — 48.
Nays — None.
Alderman Beavers moved to reconsider the foregoing vote. The motion was lost.
The following is said ordinance as passed:
WHEREAS, Special service areas may be established pursuant to Article VII,
Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the
provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the "Act")
and pursuant to the Revenue Act of 1939, 35 ILCS 2 0 5 / 1 , et seq. (the "Revenue
Act"), as amended from time to time; and
WHEREAS, The City Council ofthe City ofChicago (the "City Council") determines
that it is in the best interests ofthe City ofChicago (the "City") to establish a special
service area to be known and designated as Special Service Area Number 26 (the
"Area") to provide certain special govemmental services in addition to services
provided generally by the City, all as further provided in this ordinance (the "Special
Services"), and further determines to authorize the levy ofan annual ad valorem real
property tax, for a period often (10) years in the Area sufficient to produce revenues
required to provide those Special Services (the "Services Tax"); and
15332
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
WHEREAS, The City Council desires to authorize the execution of an agreement
with a service provider for the provision of the Special Services in and for the Area
in fiscal year 2004; 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:
(a) the Area, as established by this ordinance, consists of contiguous territory
in the City;
(b) the City Council adopted an ordinance on September 4, 2003 authorizing a
public hearing (the "Fhablic Hearing") to consider the establishment ofthe Area and
the levy of the Services Tax on the taxable property located in the Area to provide
the Special Services;
(c) notice of the Public Hearing was given by publication at least once not less
than fifteen (15) days prior to the hearing in the Chicago Sun-Times,.a newspaper
published in and of general circulation within the City, and notice of the 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
(10) days prior to the time set for the Public Hearing. For any properties for which
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;
(d) the notice complied with all of the applicable provisions of the Act;
(e) the Public Hearing was held on September 26, 2003 by the Committee on
Finance ofthe 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 written objections on such
issues;
(f) the Committee on Finance of the City Council has heard and considered all
ofthe 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 establish the Area and to authorize the levy of the
Services Tax, all as provided in this ordinance;
12/17/2003
REPORTS OF COMMITTEES
15333
(g) the Public Hearing was finally adjourned on September 26, 2003;
(h) the sixty (60) day period as described in Section 27-55 of the Act, in which
an objection petition to this ordinance may be filed, commenced on September 26,
2003; and
(i) the City Council hereby finds and determines that it is in the best interests
ofthe City that the Area be established and the Services Tax be authorized, all as
set forth herein.
SECTION 3. Area Established. There is hereby established a special service
area located within the City to be known and designated as City of Chicago Special
Service Area Number 26. The approximate street location of said territory consists
of the west side of North Broadway, from West Foster Avenue to West Rosemont
Avenue; the east side of North Broadway to the C.T.A. tracks, from West Foster
Avenue to West Granville Avenue; the south side of West Granville Avenue, from
North Broadway to North Kenmore Avenue; the north side of Granville Avenue, from
the C.T.A. tracks to North Kenmore Avenue; the north and south sides of West Bryn
Mawr Avenue, from North Broadway to North Kenmore Avenue; the northeast side
of North Ridge Avenue, from North Broadway to North Magnolia Avenue; and the
southwest side of North Ridge Avenue, from North Broadway to the first alley. A
legal description ofthe Area is attached as Exhibit 1 hereto and hereby incorporated
herein. A map ofthe Area is attached as Exhibit 2 hereto and hereby incorporated
herein. A list of permanent index numbers for the properties in the Area is attached
hereto as Exhibit 3 and hereby incorporated herein.
SECTION 4. Special Services Authorized. The Special Services authorized
hereby include maintenance and beautification activities including, but not limited
to, snow removal; security services, including, but not limited to, the development
of safety programs; recruitment and promotion of new businesses to the Area and
retention and promotion of existing businesses within the Area; coordinated
marketing and promotional activities; strategic planning for the general development
of the Area; financing of storefront facade improvements; and other technical
assistance activities to promote commercial and economic development including,
but not limited to, streetscape improvements, strategic transit/parking
improvements including parking management studies, monitoring zoning and
building code compliance, and assistance in developing open space uses
(collectively, the "Special Services"). The Special Services shall be in addition to
services provided to and by the City generally.
SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in
each year beginning in 2003 through and including 2012 the Services Tax upon the
taxable property within the Area to produce revenues required to provide the Special
15334
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Services, said Services Tax not to exceed the sum of 0.475% of the 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 Revenue Act. The levy of the Services Tax for each year shall be
made by annual ordinance, commencing with this ordinance.
SECTION 6. Appropriations. Based on the recommendation of the Department
ofPIanning and Development, there is hereby appropriated the following sum in the
amount and for the purposes necessary to provide the Special Services in and for
the Area indicated as follows:
Special Service Area Number 26
Special Service Area Budget.
For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004.
Expenditures
Service Provider Agreement
for the provision of Special
Services
$230,000
TOTAL BUDGET REQUEST:
$230,000
Source Of Funding
Tax Levy at a rate not to exceed 0.475%
of assessed value, as equalized,
of taxable property within
Special Service Area Number 26
$230,000
SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions
of Article VII, Sections 6(a) and 6(1) (2) ofthe Constitution ofthe State oflllinois and
pursuant to the provisions of the Act and pursuant to the provisions of this
ordinance, the sum of Two Hundred Thirty Thousand Dollars ($230,000) as the
amount ofthe Services Tax for the tax year 2003.
12/17/2003
REPORTS OF COMMITTEES
15335
SECTION 8. Commission Authorized. There is hereby established the Broadway
Commercial District Special Service Area Commission (the "Commission") which
shall consist of nine members. The Mayor, with the approval of the City Council,
shall appoint the initial Commission members from a list of nominees submitted by
the East Edgewater Chamber of Commerce, an Illinois not-for-profit corporation
(the "Organization"). Ofthe initial Commission members, five (5) members shall be
appointed to serve for two (2) year terms, and four (4) shall be appointed to serve for
one (1) year terms. Upon the expiration ofthe term ofany Commission member, the
Mayor, with the approval of City Council, shall appoint a successor Commission
member from a list of nominees submitted by the Organization. Other than the
initial Commissioners, each Commission member shall be appointed to serve for a
term of two (2) years and until a successor is appointed. In the event of a vacancy
on the Commission due to resignation, death, inability to serve, removal by the
Mayor, or other reason, the Mayor, with the approval of City Council, shall appoint
a successor from a list of nominees submitted by the Organization. Each successor
so appointed shall serve for the remaining term for which h e / s h e was appointed.
The Commission shall designate one (1) member as the Chairman of the
Commission, and h e / s h e shall serve not more than two (2) successive two (2) year
terms. The Commission may establish bylaws for its procedural operation.
The Commission shall have the powers delegated to it in Section 9 hereof. The
terms and powers of the Commission members shall cease upon the termination of
the time period for which the levy of the Services Tax is authorized. The members
ofthe Commission shall serve without compensation.
SECTION 9. Powers Of The Commission. The Commission is hereby granted
the following powers:
(a) to recommend the rate or amount of the Services Tax and an annual budget
to the City Council; and
(b) to recommend a sole service provider contract, including a scope of services
and a contractor therefor, to the City Council for the provision of the Special
Services.
SECTION 10.
Service Provider Agreement. The Commissioner of the
Department ofPIanning and Development (the "Commissioner"), or a designee ofthe
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 Organization, in substantially the form attached hereto as Exhibit 4 and hereby
made a part hereof (the "Service Provider Agreement"), and such other supporting
documents, ifany, as may be necessary to carry out and comply with the provisions
ofthe Service Provider Agreement, with such changes, deletions and insertions as
15336
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
shall be approved by the persons executing the Service Provider Agreement.
SECTION 11. Exemption. The Service Provider Agreement is hereby declared
exempt from Section 2-156-020 ofthe Municipal Code ofChicago.
SECTION 12. Protests And Objections. If a petition of objection is filed with the
Office of the City Clerk of the City signed by at least fifty-one percent (51%) of the
electors residing within the boundaries ofthe Area and by at least fifty-one percent
(51%) ofthe owners ofrecord ofthe property included within the boundaries ofthe
Area within sixty (60) days following the adjournment ofthe Public Hearing, all as
provided for in Section 27-55 of the Act, as a result of such filing this ordinance
shall be deemed to be null and void, the Area shall not be created, 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 13. Severability. Ifany provision ofthis 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 ofthis ordinance is declared to be severable.
SECTION 14. 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"), in
accordance with Section 27-75 of the Act, a certified copy of this ordinance
containing an accurate map of the Area. The City Clerk is hereby further ordered
and directed to file in the Office of the Recorder of Deeds of Cook County, in
accordance with Section 27-40 of the Act, a certified copy of this ordinance
containing a description of the Area, within sixty (60) days of the effective date of
this ordinance. In addition, the City Clerk is hereby further ordered and directed
to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act,
a certified copy ofthis ordinance on or prior to December 30, 2003, 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 2003 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 15. 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 16. Publication. This ordinance shall be published by the City Clerk,
12/17/2003
REPORTS OF COMMITTEES
15337
in special pamphlet form, by preparing at least one hundred (100) copies thereof,
which copies are to be made available in his office for public inspection and
distribution to members of the public who may wish to avail themselves of a copy
of this ordinance.
SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after
its passage and publication.
[Exhibit
2 referred to in this ordinance printed
on page 15340 of this Journal]
Exhibits 1, 3 and 4 referred to in this ordinance read as follows:
Exhibit 1.
(To Ordinance)
Legal Description.
All that part of the east half of the northwest quarter and of the west half of the
northeast quarter of Section 5, Township 40 North, Range 14 East of the Third
Principal Meridian and that part of Section 8, all in Township 40 North, Range 14
East of the Third Principal Meridian bounded and described as follows:
beginning at the point of intersection ofthe west line of North Broadway with the
north line of West Foster Avenue; thence west along said north line of West
Foster Avenue to the southwest comer of Lot 24 in Block 16 of Cochran's 3"^^
Addition to Edgewater, in the east half of the northwest quarter of Section 5,
Township 40 North, Range 14 East; thence north along the west line of said
Lot 24 in Block 16 of Cochran's 3'^'' Addition to Edgewater, said west line being
also the east line of an alley west of North Broadway, and north along said east
line of the alley and its northerly extension to the south line of West Catalpa
Avenue; thence west along the south line of West Catalpa Avenue to the
southerly extension of the east line of Lot 25 in Block 1 of said Cochran's 3'^'^
Addition to Edgewater; thence north along said southerly extension and the east
line of said Lot 25 and Lots 26, 27 and 28 and the west line ofthe alley west of
North Broadway to the south line of West Bryn Mawr Avenue; thence west along
the south line of West Bryn Mawr Avenue to the southerly extension ofthe west
line of Lot 1 of Turek's Subdivision of Lot 1 of the subdivision of the easterly
5.0116 acres south of the road in the east half of the southwest quarter of
15338
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Section 5, Township 40 North, Range 14 East; thence north along said southerly
extension and the west line of Lot 1 of Turek's Subdivision to the southernmost
point of Lot 12 of said Turek's Subdivision; thence northwest along the
southwest lines of Lots 12, 11 and 10 of said Turek's Subdivision to the
westernmost point of said Lot 10; thence west along the south line of Lots 9
and 8 of said Turek's Subdivision to the west line of said Turek's Subdivision of
Lot 1 ofthe subdivision ofthe easterly 5.0116 acres south ofthe road in the east
halfofthe southwest quarter ofSection 5, Township 40 North, Range 14 East;
thence northwest along the southwest line of Lot 1 in S. J. Sanderson's
Subdivision of Lot 1 of a subdivision of said easterly 5.0116 acres to the
southeast line of an alley west of and perpendicular to North Ridge Avenue;
thence northeast along said southeast line ofthe alley west of and perpendicular
to North Ridge Avenue to the southwest line of North Ridge Avenue; thence
southeast along the southwest line of North Ridge Avenue to the southerly
extension of the east line of North Magnolia Avenue; thence north along said
southerly extension ofthe east line of North Magnolia Avenue and along the east
line of North Magnolia Avenue to the north line of Lot 31 in Block 9 of
CairndufPs Addition to Edgewater; thence east along said north line of Lot 31 in
Block 9 of CairndufPs Addition to Edgewater and the easterly extension thereof
to the west line of an alley west of North Broadway and east of North Magnolia
Avenue; thence north along said west line of the alley east of North Magnolia
Avenue and west of North Broadway and its northerly extension to the north
line of West Granville Avenue; thence east along the north line of West Granville
Avenue to the west line of Lot 6 in John N. Young's Grand Avenue Addition to
Chicago; thence north along said west line of Lot 6 in J o h n N. Young's Grand
Avenue Addition to Chicago to the south line ofan alley north of West Granville
Avenue, said south line being also the north line of Lots 5 through 10 of said
J o h n N. Young's Grand Avenue Addition to Chicago; thence west along said
south line ofthe alley north of West Granville Avenue to the southerly extension
of the west line of an alley west of North Broadway and east of North Magnolia
Avenue; thence north along said southerly extension and the west line of the
alley west of North Broadway and east of North Magnolia Avenue to the north
line of West Rosemont Avenue; thence east along the north line of West
Rosemont Avenue to the east line of North Broadway; thence south along the
east line of North Broadway to the north line of West Granville Avenue; thence
east along the north line of West Granville Avenue to the west line of an alley
west of North Winthrop Avenue and east of North Broadway; thence north along
said west line of the alley west of North Winthrop Avenue to the westerly
extension of the north line of Lot 11 in Block 5 of Cochran's 2"'^ Addition to
Edgewater in the east half fractional ofSection 5, Township 40 North, Range 14
East; thence east along the north line of said Lot 11 in Block 5 of Cochran's 2""*
Addition to Edgewater and the easterly extension thereof, and along the north
line of Lot 14 in Block 6 of said Cochran's 2"^ Addition to Edgewater to the west
line of an alley east of North Winthrop Avenue; thence north along said west line
ofthe alley east of North Winthrop Avenue to the westerly extension ofthe north
line of Lot 7 in Block 6 of said Cochran's 2"^* Addition to Edgewater; thence east
12/17/2003
REPORTS OF COMMITTEES
15339
along said north line of Lot 7 in Block 6 of said Cochran's 2"'' Addition to
Edgewater to the west line of North Kenmore Avenue; thence south along the
west line of North Kenmore Avenue to the south line of Lot 2 in Block 11 of said
Cochran's 2"'' Addition to Edgewater; thence west along said south line of Lot 2
in Block 11 of said Cochran's 2"'* Addition to Edgewater to the east line of an
alley east of North Winthrop Avenue; thence north along said east line ofan alley
east of North Winthrop Avenue to the westerly extension of the north line of the
south 12.48 feet of Lot 30 in Block 11 of said Cochran's 2"" Addition to
Edgewater; thence west along said north line ofthe south 12.48 feet of Lot 30 in
Block 11 of said Cochran's 2"^ Addition to Edgewater to the east line of North
Winthrop Avenue; thence south along the east line of North Winthrop Avenue to
the westerly extension ofthe south line of Lot 1 in J. L. Cochran's Resubdivision
of Lots 16, 17, 22, 23 and 24 of Block 12 in said Cochran's 2"^* Addition to
Edgewater; thence west along said westerly extension and north line of Lot 1 in
J. L. Cochran's Resubdivision to the west line ofan alley west of North Winthrop
Avenue; thence south along said west line of the alley west of North Winthrop
Avenue to the southeast comer of the parcel bearing Permanent Index
Numberl4-05-208-057; thence west along the south line of said parcel bearing
Permanent Index Number 14-05-208-057 to the west line of an alley west of
North Winthrop Avenue; thence south along said west line of the alley west of
North Winthrop Avenue to the northwest comer of Lot 10 in Block 9 of Cochran's
Addition to Edgewater; thence east along the north line of Lot 10 and its easterly
extension to the east line of North Winthrop Avenue; thence south along the east
line of North Winthrop Avenue to the north line ofthe south 18 feet of Lot 14 in
Block 8 of said Cochran's Addition to Edgewater; thence east along said north
line ofthe south 18 feet of Lot 14 and the easterly extension thereof to the east
line ofan alley west of North Kenmore Avenue; thence north along said east line
of the alley to the northwest comer of Lot 11 in Block 8 of said Cochran's
Addition to Edgewater; thence east along the north line of said Lot 11 to the west
line of North Kenmore Avenue; thence south along the west line of North
Kenmore Avenue to the southeast comer of Lot 2 in Block 2 of J. L. Cochran's
Subdivision in Section 8, Township 40 North, Range 14 East; thence west along
the south line of Lot 2 to the west line of the alley west of North Kenmore
Avenue; thence south along said west line ofthe alley to the south line of Lot 21
in Block 2 of said J. L. Cochran's Subdivision; thence west along said south line
of Lot 21 in Block 2 and its westerly extension to the west line of North Winthrop
Avenue; thence north along the west line of North Winthrop Avenue to the south
line of the north 10 feet of Lot 3 in Block 3 of said J. L. Cochran's Subdivision;
thence west along said south line and its westerly extension to the west line of
the alley west of North Winthrop Avenue; thence south along said west line of
the alley west of North Winthrop Avenue to the north line of West Foster Avenue;
thence west along said north line of West Foster Avenue to the point of
beginning, all in the City of Chicago, Cook County, Illinois.
15340
JOURNAL-CITY COUNCIL-CHICAGO
Exhibit 2.
(To Ordinance)
Project Area Boundary Map.
ROSEMONT
GRANVILLE
HOOD
GLENLAKE
GLENLAKE
NORWOOD
ELMDALE
THORNDALE
ROSEDALE
ARDMORE
VICTORIA
EARLY
HOLLYWOOD
%
BRYN MAWR
CATALPAtr
3
BALMORAL
BERWYN
FOSTER
12/17/2003
12/17/2003
REPORTS OF COMMITTEES
15341
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 1 of 6)
Count
PIN
Count
PIN
1
14 - 05 - 107 - 014 - OOOO
27
14 - 05 - 122 - 063 - OOOO
2
•14 - 05 - 107 - 015 - OOOO
14 - 05 - 107 - 016 - OOOO
28
14 - OS - 122 - 064 - OOOO
29
14 - 05 - 122 - 065 - OOOO
14 - 05 - 107 - 017 - OOOO
14 - 05 • 107 - OIS - OOOO
14 - 05 - 107 - 0J9 - OOOO
30
14 - 05 - 122 - 066 -
31
14 - 05 - 122 - 067 - OOOO
32
14 - 05 - 125 - 066 -
14 - 05 - 107 - 020 - OOOO
14 - 05 - 107 - 021 - OOOO
33
34
14 - 05 - 125 -
14 - 05 - 107 - 022 - OOOO
14 - 05 - 107 - 023 - OOOO
14 - 05 - 107 - 024 - OOOO
35
14 - 05 - 125 -
36
14 - 05 - 125 -
37
14 - 05 - 125 -
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
- oooo
38
14 - 05 - 125 -
39
14 - 05 - 128 -
3
4
5
6
7
8
9
10
'*''
12
13
14
15
16
14 - 05 - 115 - 012
14 - 05 - 115 - 013
14 - 05 - 115 - 014
14 - 05 - 115 - 015
17
14 - 05 - 115 - 016
14 - 05 - 115 - 017
18
14 - 05 - 115 - 018
19
14 - 05 - 115 - 019
14 - 05 - 115 - 020
14 - 05 - 115 - 025
20
21
24
14 - 05 - 119 - 020
14 - 05 - 119 - 021
14 - 05 - 119 - 025
25
14 - 05 - 119 - 026
1 26
14 - 05 - 119 - 027
22
23
40
14 - 05 - 125 -
14 - 05 - 128 14 - 05 - 128 -
1 '*''
42 . 14 - 05 - 128 -
43
14 - 05 - 128 -
44
14 -
05- 200-
45
14-
05- 200-
46
14 -
05- 200-
47
14-
05- 200-
48
14-
05 - 200-
49
14 - OS - 200-
50
14 -
51
14 - OS -
52
14 -
05 - 200200-
05 - 200-
oooo
oooo
067 - oooo
068 - oooo
069 - oooo
070 - oooo
071 - oooo
072 - oooo
066 - oooo
067 - oooo
068 - oooo
069 - oooo
074 - oooo
001 - oooo
002oooo
003 - oooo
004 - oooo
007 - oooo
008 - oooo
009 - oooo
010oooo
011 - oooo
15342
12/17/2003
JOURNAL-CITY COUNCIL-CHICAGO
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 2 of 6)
Count
Count
PIN
53
14-
54
14 - 05-
55
14-
56
57
14 -
05 - 204-
14-
05- 204-
58
14-
05 - 204-
59
14-
PIN
14-
05- 212-
005 - OOOO
80
14 -
05- 212 -
012 - OOOO
81
14 - 05 - 212-
OOOO
79
204-
001 - OOOO
05- 204-
002 - OOOO
003-
OOOO
82
14 - 05-
212-
029-
OOOO
005-
OOOO
05- 212-
030-
OOOO
006-
OOOO
83
84
14 14 -
05- 212 -
040-
OOOO
05- 204-
007-
OOOO
85
14 - 05-
003 -
05- 204-
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
05 - 200-
028-
303 -
013 - OOOO
60
14-
008-
OOOO
86
14 - 05 - 303 -
004 -
61
14 - 05-
204-
009-
OOOO
87
14 - 05 -
303 -
005 -
62
14 - 05-
208-
001 -
14 -
05-
303 -
006 -
14 - 05-
208-
007-
89
14 - 05 - 303 -
007 -
64
14 -
05- 208-
008-
90
14 - 05 - 303-
009-
65
14-
05- 208-
009-
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
88
63
91
14 - 05-
303-
010 -
92
14-
05 - 303-
Oil -
93
94
14 -
05 - 303-
012-
95
14 -
96
14 - 05-
97
14 -
98
14 -
66
14-
05- 208-
013-
67
14-
05- 208-
014-
14-
68
69
05- 20814 - 05- 208-
033-
70
14 - 05-
208-
034 -
71
14 - 05 - 208-
035 -
72
14 - 05- 208-
037-
73
14 - 05-
208-
038-
74
14 - 05 - 208-
039-
75
76
14 - 05-
212-
001 -
05- 212-
002 -
77
78
14 -
015-
14 • 05-
212-
003 -
14 - 05-
212-
004 -
14 - 05-
303-
013 - 1001
05-
303-
013 - 1002
303 -
013 - 1003
05-
303-
013 -
05-
303 -
013 - 1005
1004
99
14 -
05-
303 -
013 - 1006
100
14-
05-
303 -
013 - 1007
101
14-
05-
303-
014-
1001
102
14 -
05-
303 -
014 -
1002
103
104
14-
05 - 303-
14 - 05-
303 -
014 - 1003
014 - 1004
12/17/2003
REPORTS OF COMMITTEES
15343
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 3 of 6)
Count
PIN
Count
PIN
105
14 -
05-
303 -
014 -
1005
131
14-
05-
106
14 -
05 -
303-
014 -
1006
132
14 -
107
14 -
05-
303 -
014 -
1007
133
14 -
108
14 -
05-
303 -
014 -
1008
134
14 -
05-
109
14 -
05-
303 -
014 -
1009
135
14 -
05-
110
14-
05 -
303 -
014-
lOM)
136
14 -
111
14-
05-
303 -
015-
1001
137
14 -
05 -
112
14 -
05-
303 -
015 -
1002
14 -
05-
303 -
015 -
1003
136
139
14-
113
114
14 -
05 -
303 -
015 -
1004
14-
05 -
303 -
015 -
1005
140
141
14 -
115
116
14 -
05-
303-
015-
1006
117
14 -
05 -
304-
001 -
OOOO
118
14-
05 -
304-
002-
119
14 -
05 -
304 -
120
14 -
05 -
121
14 -
122
309 -
009-
0000
05 - 309-
010-
OOOO
05 - 309-
011 -
OOOO
309-
012-
OOOO
309-
013-
OOOO
05 - 309309-
014-
1001
014-
1002
05 - 30905- 309-
014014 -
1003
1004
05 - 30905 - 309-
014 -
1005
14 -
014 -
1006
142
14 -
05-
315 -
001 -
OOOO
143
14 -
05 -
315 -
022 -
OOOO
OOOO
144
14-
05 - 315 -
023 -
OOOO
003-
OOOO
145
14 -
024 -
OOOO
304 -
004 -
OOOO
025 -
OOOO
05-
304 -
005 -
OOOO
146
147
14-
05 - 315 05 - 315 -
14-
05 -
315 -
026-
oooo
14 -
05 -
304 -
006-
oooo
148
14-
027-
OOOO
123
14 -
05 -
304 -
007 -
OOOO
149
14 -
05 - 3150 5 - 315 -
028 -
oooo
124
14 -
05 -
304 -
008-
150
14-
05-
315 -
029-
OOOO
125
14 -
05 -
304 -
009-
151
14 -
05-
315-
030-
oooo
126
14-
05-
304 -
010-
152
14 -
031 -
OOOO
127
14 -
05-
304-
011 -
032 -
oooo
128
14-
05 -
304 -
012 -
OOOO
129
14-
05 -
308 -
046-
130
14-
05-
309-
008-
oooo
oooo
oooo
oooo
oooo
oooo
oooo
OOOO
14 -
153
14 -
05 - 31505- 315 -
154
14 -
05-
315 -
155
14-
05-
315 -
033 034-
156
14 -
05 -
315 -
035-
oooo
15344
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 4 of 6)
157
14 - 05-
315-
036-
OOOO
183
14-
05- 328-
023 - OOOO
158
14 - 05-
315-
037 - OOOO
184
14 -
05 - 328-
029-
OOOO
159
14 - 05-
315-
038 - OOOO
186
14 -
05- 328-
030-
OOOO
160
14 - 05-
315-
039-
OOOO
186
14 -
05-
328 -
031 - OOOO
161
162
14 - 05-
324-
010-
OOOO
187
14 -
05 - 328 -
038 - OOOO
14 - 05-
324-
011 - OOOO
188
14 -
05 - 328 -
039-
OOOO
163
14 - 05 - 324-
012 - OOOO
189
14
05
044
OOOO
164
14 - 05 - 324-
013 -
oooo
190
14 -
05 - 400-
OOI -
oooo
165
14-
014 - OOOO
191
14-
05- 400-
002 - OOOO
166
14 - 05-
324-
015-
05 - 400-
003 -
14 - 05-
324-
016-
14 -
05 - 400-
005 - OOOO
168
14 - 05-
324-
017-
192
193
194
14 -
167
14 -
05 - 400-
006-
169
14-
195
14-
05 - 400-
007-
170
14 - 05-
196
14 -
05 - 400-
026-
171
14-
197
14 -
05- 400-
027-
172
14 - 05-
198
14 -
05 - 400-
028-
173
174
14-
199
14 -
05 - 400 -
029-
200
14 -
05- 400-
030-
175
14 - 05-
328-
013 -
201
14 -
05 - 404 -
001 -
176
14 - 05-
328-
014 -
202
14-
05- 404 -
002 -
177
14 - 05-
328-
015-
203
14 -
05 - 404 -
003 -
178
14 - 05-
328-
016 -
204
14 -
05-
004 -
179
14 - 05-
328-
017 -
205
14-
05- 404-
005-
180
14 - 05-
328-
018 -
206
14 -
05-
404 -
006-
181
14 - 05-
328-
019 -
207
14 - 05-
404 -
007 -
182
14 - 05 - 328-
022 -
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
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208
14 -
05- 404 -
008 -
05 - 324-
05- 324324-
05- 328328-
05- 328-
14 - 05-
328-
018 019001 010011 012-
331
404-
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oooo
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oooo
oooo
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oooo
oooo
oooo
oooo
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oooo
12/17/2003
REPORTS OF COMMITTEES
15345
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 5 of 6)
Count
Count
PIN
PIN
209
14-
05- 404-
009-
OOOO
236
14-
08-
113 -
016-
0000
210
14-
05- 408-
003 - OOOO
237
14-
08-
in-
017-
OOOO
211
14-
05- 408 -
004 - OOOO
238
14 - 08 -
in -
018-
OOOO
212
14-
05- 408 -
005 - OOOO
113 -
019-
14 - 05 - 408-
006-
OOOO
239
240
14-
213
14 - 08 - 113 -
020-
214
14-
05- 408-
025 - OOOO
241
14-
08-
021 -
215
14-
05- 408 -
027-
OOOO
242
14-
08 - 113 -
022-
216
14 - 05 - 408-
028-
OOOO
243_
14-
08-
113 -
023 -
217
14 - 05-
408 -
029-
OOOO
244
14 - 08 - 113 -
024 -
218
14-
05- 408 -
030-
OOOO
245
14 -
08 - 113 -
025-
219
220
14-
05- 408 14 - 08- 106-
031 -
OOOO
246
14-
08 -
001 -
oooo
247
14 - 08 - 113 -
027-
221
14-
08-
106-
009-
OOOO
248
14-
08 - 113 -
028-
222
14-
08-
106-
010-
oooo
249
14-
08 -
in -
029 -
223
224
14-
08-
106-
011 -
OOOO
250
14 - 08 - 113 -
030-
14-
08-
106-
012-
251
14 - 08-
113-
031 -
225
14-
08-
106 -
013-
252
14-
08-
121 -
015 -
226
14-
08-
106-
014-
253
14-
08 - 121 -
016-
227
14-
08-
106-
015-
254
14-
08-
121 -
017-
228
14-
08-
106-
016-
255
14-
08-
121 -
022 -
229
14-
08-
106-
017-
256
14-
08-
121 -
023-
230
14-
08-
106-
018-
257
14-
08-
121 -
024-
231
14-
08-
106-
019-
258
14 - 08-
121 -
025 -
232
14-
08-
106-
020-
259
14 -
08-
121 -
026-
233
14-
08-
106-
021 -
260
14-
08-
121 -
027-
234
14-
08-
106 -
022-
08-
106 -
023 -
1414-
0808-
031 -
14-
261
262
121 -
235
oooo
oooo
oooo
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oooo
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oooo
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121 -
032-
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08-
113 -
in -
026 -
JOURNAL-CITY COUNCIL-CHICAGO
15346
12/17/2003
Exhibit 3.
(To Ordinance)
Permanent Index Numbers.
(Page 6 of 6)
Count
PIN
263
14 - 08 - 128
018-
0000
288
14 -
08-
204-
002-
0000
264
14-
019-
OOOO
289
14 - 08-
204-
003 -
266
14 -
OOOO
290
14-
204-
004 -
266
14 - 08 - 128
021 - OOOO
14 - 08-
204 -
005-
267
14-
08'
128
022-
OOOO
291
292
14-
08-
204-
007-
268
14-
08
128
023 - OOOO
293
14-
08-
204 -
008-
269
14-
128
024-
OOOO
294
14 -
08-
204-
009-
270
14-
025 - OOOO
026OOOO
295
14 -
08-
204-
010-
296
14 - 08-
204-
011 -
001 -
oooo
oooo
003 - oooo
004oooo
005oooo
006oooo
007oooo
008oooo
009oooo
010oooo
011 - oooo
012 - oooo
on - oooo
oooo
019oooo
028.-
297
14-
08-
204-
027 -
002-
298
14 -
08-
204-
028-
299
14-
08-
207-
001 -
300
14 -
08-
207-
002-
301
14-
08-
207-
003 -
302
14-
08-
207-
004-
303
14-
08-
207-
005 -
304
14-
08-
207-
006-
305
14-
08-
207-
007 -
306
14-
08-
210-
001 -
307
14-
08-
210-
002-
308
14-
08-
210-
004-
309
14 -
08-
210-
005-
310
311
14-
08-
210-
006
14 - 08-
210-
007
8001
312
14 -
08-
210-
020-
14 - 08-
210-
021 -
14-
210-
022-
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
oooo
08 - 128
08 - 128
08
274
08
128
14 - 08
128
1408 - 200
1408 - 200
14 - 08 - 200
275
14-
276
14-
277
14-
278
14-
279
14 -
280
14 -
281
14-
282
14 -
283
14 -
284
14 -
285
14-
286
14 -
287
14 -
288
14 -
289
14 -
271
272
273
287
08 - 200
08 - 200
08 - 200
08
200
08.
200.
08'
200
08
200
08
200
08
200
08
200
08
200
08
200
08 - 200
020-
030-
08 - 200
030 -
8002
313
08 - 200
030-
8003
314
08 - 200
030-
8004
14 -
08-
08-
12/17/2003
REPORTS OF COMMITTEES
15347
Exhibit 4.
(To Ordinance)
Agreement For Special Service Area Number 2 6
Between
The City Of Chicago
(Represented By The Special Service Area Commission)
And
E a s t E d g e w a t e r C h a m b e r Of Commerce
Effective J a n u a r y 1, 2 0 0 4 Through December 3 1 , 2 0 0 5 .
This Agreement for the management of Special Service Area Number 26 is entered into by
and between the East Edgewater Chamber of Commerce, an Illinois not-for-profit corporation
("Contractor"), and the City ofChicago ("City"), a municipal corporation and home rule unit oflocal
govemment existing under the Constitution ofthe State oflllinois, acting through the Special Service
Area Commission at Chicago, Illinois.
RECITALS
WHEREAS, special service areas may be established pursuant to Article VO, §§ 6(1) and
7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service
Area Tax Law, 35 ILCS 200/27-5 et seq.: and
WHEREAS, the City Council ofthe City ofChicago ("City Council") has established a
special service area known and designated as "Special Service Area Number 26" ("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 0.475%
ofthe equalized assessed value ofall property within the Area ("Service Tax"), all as provided in the
Establishment Ordinance (hereinafter defined); and
WHEREAS, the City Council, on
, 2003, authorized the levy ofthe Service
Tax and appropriation ofthe funds therefi-om for the Area for fiscal year 2004 for the provision of
the Special Services in the Area, and the City wishes to provide that the Contractor, beginning on
January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the
Services, subject to the terms and conditions ofthis 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 ofthe City;
NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement,
the City and the Contractor agree as follows:
15348
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
ARTICLE 1 INCORPORATION OF RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
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 ofthe Department ofPIanning and Development
or a duly authorized representative of the Commissioner of the Department of Planning and
Development.
"Construction" means landscaping, building activities, including but not limited to, physicai
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 ofChicago business calendar.
"Department" means the City ofChicago Department ofPIanning and Development.
"Establishment Ordinance" means, the ordinance enacted by City Council on
, 2003, and any subsequent amendments thereto authorizing imposition ofthe Service Tax and
setting forth the Special Services to be provided in the Area.
"Risk Management Division" means the Risk Management Division ofthe Department of
Finance which is under the direction ofthe Comptroller ofthe 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 and Private Security Act of 1993, 225 ILCS 446/1 et seq.. and
whose employees are licensed by the State oflllinois.
"Services" means, collectively, the services, duties and responsibilities described in Article
3 and Exhibit 1 (Scope of Services) ofthis 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.
"Service Tax Funds" means the amount actually collected pursuant to the Service Tax.
12/17/2003
REPORTS OF COMMITTEES
15349
"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
ofthe Special Services in the Area.
"Subcontractor" means any person or entity with whom Contractor contracts to provide any
part ofthe Services, including subcontractors ofany tier, subconsultants ofany tier, suppliers and
materialmen, whether or not in privity with the Contractor.
"Surplus 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 eamed thereon.
ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR
3.01 Scope of Services
The Services that the Contractor shall provide from January 1,2004 through December 31,
2004 of this Agreement 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 ofthe 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 2 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.
Prior to the second year ofthis Agreement, and no later than the deadline established by the
Department, the SSAC, in consultation with the Contractor, must prepare and provide to the
Department a proposed Budget and Scope of Services for that year, comprised of services authorized
in the Establishment Ordinance, for the approval of the Commissioner. If the parties agree on the
Scope of Services and the Budget for that year, this Agreement will be amended to include such
budget and scope of services. If the parties do not agree and an amendment is not executed, this
Agreement will terminate at the end ofthe first year ofthis Agreement.
3.02 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 ofa 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 ofits Services.
15350
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
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 fumish efficient business administration and
supervision to render and complete the Services at reasonable cost.
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
Ifthe 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 ofsuch failure. Any review, approval,.acceptance or payment for any or
all ofthe Services by the City does not relieve the Contractor ofits 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
A. Key Personnel
The Contractor shall, immediately upon receiving a fully executed copy ofthis Agreement,
assign and maintain during the term ofthis 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.
B. 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 etseq. regarding the payment ofthe 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 ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated
by reference as though fully set forth herein.
C. Illinois Workers, Veterans' Preference and Steel Products
12/17/2003
REPORTS OF COMMITTEES
15351
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
oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq., the Veterans Preference Act, 330
ILCS 55/0.01 et seq., and the Steel Products Procurement Act, 35 ELCS 30/565/1 et seq.
3.04 Nondiscrimination
A.
Federal Requirements
It shall be an unlawful employment practice for the Contractor (1) to fail or refuse to hire or
to discharge any individual, or otherwise to discriminate against any individual with respect
to his compensation or the terms, conditions, or privileges of his employment because of
such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit,
segregate, or classify its employees or applicants for employment in any way which would
deprive or tend to deprive any individual of employment opportunities or otherwise adversely
affect his status as an employee, because ofsuch individual's race, color, religion, sex, age,
handicap or national origin.
The Contractor shall comply with the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.. as
amended. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319 (1965),
reprinted in 42 U.S.C. § 2000(e) note, as amended by Exec. OrderNo. 11,375, 32 Fed. Reg.
14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age
DiscriminationAct,42U.S.C. §§ 6101-06;Rehabilitation Act of 1973,29U.S.C.§§ 793-94;
Amencans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and 41 C.F.R. Part 60
et seq.
B.
State Requirements
Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the
Equal Employment Opportunity Clause, 111. Admin. Code tit. 5, §750 Appendix A and the
Public Works Employment Discrimination Act, 775 LLCS 10/0.01 et seq. as amended.
C.
Citv Requirements
Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 etseq.. as
amended, ofthe Municipal Code ofChicago.
3.05 Insurance
The Contractor shall comply with the insurance provisions attached hereto as Exhibit 4 and
incorporated by reference as if fully set forth herein, or such pther insurance provisions as may be
required in the reasonablejudgement ofthe Risk Management Division. Ifthe Contractor enters into
15352
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
a subcontract with a Security Firm such Security Firm shall comply with the insurance provisions
attached hereto as Exhibit 5 and incorporated by reference as if fully set forth herein, or such other
insurance provisions as may be required in the reasonable judgement 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 4.
The Risk Management Division may waive or reduce any ofthe insurance requirements set
forth herein. In addition, the Risk Management Division will review each new Scope of Services
which the SSAC, in consultation with the Contractor, prepares annually during the term ofthis
Agreement pursuant to Section 3.01 and may, if wishes, revise the insurance required herein.
3.06 Indemnification
A.
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
ofthe 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.
B.
For purposes of this Section 3.06,
"Cit}' Indemnitees" means, individually and collectively, the City ofChicago, 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, reasonable
attorneys' fees, court costs, and experts' fees, arising by reason of injury or death ofany person,
damage to property, patent or copyright infringement.
"Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii)
arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis 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, subconsultants, 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 ofany ofthe foregoing.
C.
To the extent permissible by law. Contractor waives any limits on Contractor's
liability that it would otherwise have by virtue ofthe Worker's Compensation Act or any other
related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 111. 2d 155
12/17/2003
REPORTS OF COMMITTEES
15353
(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.
D.
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 ofthis Agreement.
3.07 Records and Audits
The Contractor shall deliver or cause to be delivered all documents, data, studies, reports,
findings or infonnation 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 and any Subcontractors shall fumish the SSAC with semi-annual reports or
provide such infonnation as may be requested relative to the performance and cost ofthe Services.
The Contractor shall maintain records showing actual time devoted and costs incuned. The
Contractor shall keep books, documents, paper, records and accounts in cormection 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
govemmental agency at reasonable times during the performance of its Services. 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 to the Department and
the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting
shall be in accordance with generally accepted accounting principles and practices, consistently
applied tliroughout. 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 ofsuch provisions.
The City may in its sole discretion audit the records of Contractor or its Subcontractors, or
15354
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
both, at any time during the term ofthis 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 ofthe cost ofthe
audit, as follows:
A.
Ifthe audit has revealed overcharges to the City representing less than 5% of the total
value, based on the Agreement prices, ofthe goods, work, or services provided in the
audited period, then the Contractor must reimburse the City for 50% ofthe cost of
the audit and 50% ofthe cost ofeach subsequent audit that the City conducts;
B.
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 in the audited period, then Contractor must reimburse the City for the full
cost ofthe audit and ofeach subsequent audit.
Failure of Contractor to promptly reimburse the City in accordance with Section A
or B above is an event of default under Section 7.01 ofthis Agreement, and Contractor will be liable
for all of the City's costs of collection, including any court costs and attorneys' fees.
3.08 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 ofthe SSAC. The absence ofsuch 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 ofthis Agreement.
Ifthe Contractor subcontracts for security services, the Subcontractor shal I be a Security Firm
certified by the State oflllinois 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 fiimish the
SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly
reserves the right to approve all Security Firm subcontracts.
3.09 License, Permits and Safety Considerations
A. Licenses and Permits
If the Contractor engages in Construction, it is responsible for and, in a timely manner
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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.
B. Safety Considerations
Ifthe 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 ofits and
its Subcontractors' employees, City employees, and the public.
Ifthe 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
Ifthe 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 7 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 forthe penalty ofthe bond, then the City may, on giving 10 days notice thereof
in writing, require the Contractor to fumish 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 1,2004 ("Effective Date") and shall continue
through December 31, 2005, or until the Agreement is terminated earlier in accordance with its
terms.
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ARTICLES COMPENSATION
5.01 Basis of Payment
The maximum compensation that the Contractor may be paid under this Agreement between
January 1,2004 and December 31,2004 is the sum of (a) $230,000.00 or the total amount of Service
Tax Funds actually collected for tax year 2003, whichever is less.
For the second year of this Agreement, the maximum compensation that the Contractor may
be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section
5.02 and 8.03, or the amount of Service Tax funds actually collected for the preceding tax year,
whichever is less; provided that the maximum amount of compensation for such year of this
Agreement may also include the amount of Service Tax Funds collected for prior tax years which
remain previously unspent.
The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The
Contractor shall reimburse its Subcontractors for Services satisfactorily perfonned pursuant to the
Budget.
5.02 Budget for Services
The Contractor in conjunction with the SSAC has prepared a Budget through December 31,
2004, attached hereto as Exhibit 2 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 2004 may not exceed $230,000.00, the SSAC reserves the right
to transfer fiinds 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.
For the second year ofthis Agreement, and subject to the provisions ofSection 3.01, a
Budget for that year shall be incorporated into this Agreement by written amendment pursuant to
Section 8.03.
5.03 Method of Payment
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 SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM
OTHER SOURCES. The Contractor shall provide to the SSAC the signature card and sample check
from the bank which shows the signature(s) ofthe Contractor's authorized representative(s). The
r
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SSAC reserves the right to audit the account and require the Contractor to refimd 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 ofthis Agreement,
including any interest eamed, belong to the City for the benefit ofthe Area and shall be retumed to
the City to be used only for Special Ser\'ices.
5.04 Criteria for Payment
The SSAC, in its sole discretion, shall determine the reasonableness, allocability and
allowability ofany rates, costs and expenses charged or incuned by the Contractor.
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
ofsuch occunence and this Agreement shall terminate on the earlier ofthe last day ofthe 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 ftind payments
hereunder.
ARTICLE 6 SPECIAL CONDITIONS
6.01 Warranties and Representations
In connection with the execution ofthis Agreement, the Contractor wanants and represents:
A.
That it is financially solvent; that it and each ofits 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; and
B.
That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose
in the performance ofthe Services; and
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C.
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 ofthis Agreement, been found to be in default on any contract awarded by the City;
and
D.
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 ofChicago, 720 ILCS 5/33E-1 et seq. ofthe
Criminal Code of 1961, and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and
E.
That it, all Subcontractors and their respective officers, directors, agents, partners, and
employees shall cooperate with the bispector General in any investigation or hearing
undertaken pursuant to Chapter 2-56 ofthe Municipal Code ofChicago; that it understands
and will abide by all provisions of Chapter 2-56 ofthe Municipal Code ofChicago and all
subcontracts shall inform Subcontractors ofsuch provision and require understanding and
compliance therewith; and
F.
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 ofany kind whatsoever, by the City, its officials, agents, or employees, has
induced the Contractor to enter into this Agreement; and
G.
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.
6.02 Economic Disclosure Statement and Affidavit
The Contractor has provided the City with an Economic Disclosure Statement (EDS), which
is attached hereto as Exhibit 3 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.
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 ofthe Secretary of State oflllinois.
6.03 Conflict of Interest
Pursuant to Chapter 2-156 of the Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no
member ofthe goveming body ofthe City or other unit of govemment, no other officer, employee,
SSAC member, or agent of the City or other unit of govemment who exercises any fimctions or
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responsibilities in connection with the Services to which this Agreement or any related subcontract
pertain, and no relative ofany 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 busiriess owners in the Area. Furthermore, no
SSAC member, relative of any SSAC member. City official, agent or employee shall be a
Subcontractor, employee or shareholder ofthe 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 ofthe City or City employee shall be admitted to any share or part ofthis
Agreement or to any financial benefit to arise from it. The Contractor acknowledges that any
agreement entered into, negotiated or performed in violation ofany ofthe 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 ofeach ofits members if ajoint 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
perfonnance 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 ifthe
Commissioner in his reasonable judgment determines that any of the Contractor's services for others
conflict with the Ser\'ices the Contractor is to provide for the City under this Agreement, the
Contractor shall terminate such other services immediately upon request ofthe City.
6.04 Non-liability of Public Offlcials
No official, employee or agent ofthe City shall be charged personally by the Contractor, or
by any assignee or Subcontractor ofthe Contractor, with any liability or expenses of defense or be
held personally liable to them under any term or provision hereof, because ofthe City's execution
or attempted execution hereof, or because ofany breach hereof
6.05 Independent Contractor
The Contractor shall perform under this Agreement as an independent contractor to the City
and not as a representative, employee, agent, or partner ofthe City.
6.06 Business Relationships with Elected Officials
Pursuant to Section 2-156-030(b) ofthe Municipal Code ofthe City of Chicago, it is illegal
for any elected official ofthe City, or any person acting at the direction ofsuch 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 a business relationship, or to participate in any
discussion in any City Council committee hearing or in any City Council meeting or to vote on any
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matter involving the person with whom an elected official has a business relationship. Violation
ofSection 2-156-030(b) by any elected official with respect to this Agreement is grounds for
termination of this Agreement. The term business relationship is defined as set forth in Section
2-156-080 ofthe Municipal Code ofChicago.
Section 2-156-080 defines a "business relationship" as any contractual or other private
business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her
spouse has a financial interest, with a person or entity which entitles an official to compensation or
payment in the amount of $2,500 or more in a calendar year; provided, however, a financial interest
shall not include: (i) any ownership through purchase at fair market value or inhentance of less than
one percent ofthe share ofa corporation, or any corporate subsidiary, parent or affiliate thereof,
regardless ofthe value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended; (ii) the authorized
compensation paid to an official or employee for his office or employment; (iii) any economic
benefit provided equally to all residents ofthe City; (iv) a time or demand deposit in a financial
institution; or (v) an endowment or insurance policy or annuity contract purchased from an insurance
company. A "contracmal or other private business dealing" shall not include any employment
relationship ofan official's spouse with an entity when such spouse has no discretion conceming or
input relating to the relationship between that entity and the City.
6.07 Chicago "Living Wage" Ordinance
(a)
Section 2-92-610 ofthe Municipal Code ofChicago 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:
(i)
If Contractor has 25 or more full-time employees, and
(ii)
If at any time during the performance of this Agreement, Contractor
and/or any Subcontractor or any other entity that provides any portion ofthe Services
(collectively "Performing Parties") uses 25 or more full-time security guards, or any
number of other full-time Covered Employees, then
(iii)
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.
(b)
Contractor's obligation to pay, and to assure payment of, the Base Wage will
begin at any time during the term ofthis Agreement when the conditions set forth in (a)(i) and
(a)(ii) above are met, and will continue until the end ofthe term ofthis Agreement.
(c)
As of July 1,2003, the Base Wage became $9.20, and each July 1 thereafter, the Base
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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 cunent base
wage, whichever is higher. At all times during the term ofthis 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.
(d)
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 ofthis section will be an event of default under this Agreement, and further,
failure to comply may result in ineligibility for any award ofa City contract or subcontract for up
to 3 years.
(e)
Not-for-Profit Corporations: IfContractor is a corporation having federal
tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under
Illinois not-for-profit law, then the provisions ofSections (a) through (d) above do not apply.
6.08
Deemed Inclusion
Provisions required by law, ordinances, mles, 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.
ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT
TO OFFSET, SUSPENSION
7.01 Events of Default Defined
The following constitute events of default:
A.
Any material misrepresentation, whether negligent or willful and whether in the inducement
or in the performance, made by Contractor to the City.
B.
Contractor's material failure to perform any ofits obligations under the Agreement including.
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but not limited to, the following:
(1) failure to commence or ensure timely completion ofthe Services due to a reason or
circumstance within Contractor's reasonable control;
(2) failure to perform the Services in a manner satisfactory to the City;
(3) failure to promptly re-perform within a reasonable time Services that were rejected as
enoneous or unsatisfactory;
(4) discontinuance ofthe Services for reasons within the Contractor's reasonable control;
(5) failure to comply with a material term ofthis Agreement, including but not limited to the
provisions conceming insurance and nondiscrimination; and
(6) 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 ofthis Agreement. The Contractor acknowledges and agrees
that in the event ofa default under this Agreement the City may also declare a default under
any such other agreements.
7.02 Remedies
The occunence ofany event of default which the Contractor fails to cure within 30 calendar
days after receipt of notice specifying such default or which, if such event of default caimot
reasonably be cured within 30 calendar days after notice, the Contractor fails, in the sole opinion of
the Commissioner, to conunence and confinue 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 ofthe default, and any intention ofthe City to terminate the
Agreement, shall be provided to Contractor and such decision is final and effective upon Contractor's
receipt ofsuch notice. Upon receipt ofsuch 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 complefion, to the City. At such fime the
City may invoke any legal or equitable remedy available to it including, but not limited to, the
following:
A.
The right to take over and complete the Services or any part thereof as agent for and at the
cost ofthe 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.
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B.
The right to terminate this Agreement as to any or all ofthe Services yet to be performed,
effective at a time specified by the City.
C.
The right of specific performance, an injunction or any other appropriate equitable remedy.
D.
The right to money damages.
E.
The right to withhold all or any part of Contractor's compensation hereunder.
F.
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 ofthe
City and that ifthe City pennits the Contractor to continue to provide the Services despite one or
more events of default, the Contractor is in no way relieved ofany ofits responsibilities, dufies or
obligations under this Agreement nor does the City waive or relinquish any ofits rights. No delay
or omission to exercise any right accming upon any event of default impairs any such right nor shall
it be constmed as a waiver ofany 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.
7.03 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.
7.04 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 incuned after the effective date ofsuch 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 incuned by
the Contractor as a result of recommencing the Services.
7.05 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 fordamages, charges, additional costs or hourly
fees for costs incuned by reason of delays or hindrances by the City in the performance of its
obligations under this Agreement.
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7.06 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
Commissioner by a written notice to the Contractor. Ifthe 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 complefion, 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 acfivities, and those of its Subcontractors, to winding down any reports, analyses, or other
activities previously begun. No costs incuned after the effective date ofthe termination are allowed.
Payment for any Services actually and satisfactorily performed before the effective date of the
terminafion shall be on the same basis as set forth in Article 5 hereof, but ifany compensation is
described or provided for on the basis ofa period longer than ten days, then the compensafion 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
8.01 Entire Agreement
This Agreement, and the exhibits attached hereto and incorporated hereby, shall consfitute
the entire agreement between the parties and no other wananties, inducements, considerations,
promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly
addressed herein.
8.02 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.
8.03 Amendments
No changes, amendments, modifications, or discharge ofthis 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.
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8.04 Compliance with All Laws
The Contractor shall at all times observe and comply with all applicable laws, ordinances,
mles, regulations and executive orders ofthe federal, state and local govemment, now existing or
hereinafter in effect, which may in any manner affect the performance ofthis Agreement. Provisions
required by law, ordinances, mles, regulations, or executive orders to be inserted shall be deemed
inserted whether or not they appear in this Agreement or, upon application by either party, this
Agreement shall forthwith be amended to literally make such insertion; however, in no event shall
the failure to insert such provisions prevent the enforcement ofthis Agreement.
8.05 Compliance with ADA and Other Accessibility Laws
If this Agreement involves services to the public, the Contractor wanants 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
Disabilifies Act of 1990, 42 U.S.C. § 12101 et seq. and the Rehabihtation 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 constmction and/or Constmction, the Contractor
wanants 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 Disabilifies 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 fit. 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. Ifthe Contractor fails to comply with the foregoing
standards, it shall perfonn again at no expense all services required to be reperformed as a direct or
indirect result ofsuch failure.
8.06 Assigns
All ofthe terms and conditions ofthis Agreement shall be binding upon and inure to the
benefit ofthe parties hereto and their respective legal representatives, successors, transferees and
assigns.
8.07 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 ofthis Agreement, the Contractor shall make every
effort to assure an orderly transition to another provider of the Services, if any, orderly
demobilization ofits operafions in connecfion with the Services, unintemipted provision of Services
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during any transition period and shall otherwise comply with reasonable requests ofthe Department
in connection with this Agreement's termination or expiration.
8.08 Severability
Ifany provision ofthis Agreement is held or deemed to be or shall in fact be inoperative or
unenforceable as applied in any particular case in any jurisdicfion or in all cases because it conflicts
with any other provision hereof or ofany constitution, statute, ordinance, mle 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 any one or more
phrases, sentences, clauses or secfions herein shall not effect the remaining portions of this
Agreement or any part thereof
8.09 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 conelative words ofthe 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 ofsuch persons or
entities in accordance with the terms and conditions herein.
8.10 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 ofthe performance, requirement or condition. No waiver shall
be constmed as a modification ofthe Agreement regardless ofthe number of fimes the City may
have waived the performance, requirement or condition.
8.11 Disputes
Except as otherwise provided in this Agreement, the Contractor shall and the SSAC may
bring any dispute conceming a quesfion of fact arising under this Agreement that is not otherwise
disposed of to the City's Chief Procurement Officer for decision based upon written submissions of
the parties. (A copy of the "Regulations ofthe Department of Procurement Services for Resolufion
of Disputes between Contractors and the City ofChicago" is available in City Hall, 121 N. LaSalle
Street, Room 301, Bid and Bond Room.) The Chief Procurement Officer will reduce his decision
to writing and fumish a copy of it to the Contractor and the SSAC. Such decision shall be final and
binding.
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Contractor Affidavit
The Contractor must provide to the City, no later than thirty days after the end ofeach year,
a ftilly executed and notarized Affidavit certifying the expenditures.for the prior year. The form of
this affidavit is attached as Exhibit 8 and incorporated by reference.
ARTICLE 9 NOTICES
Notices provided for herein shall be in writing and may be delivered personally or by United
States mail, first class, certified, retum receipt requested, with postage prepaid and addressed as
follows:
Ifto the City:
Special Service Area #26
Department ofPIanning and 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
Chicago, Illinois 60602
Attenfion: Corporation Counsel
Ifto Contractor:
East Edgewater Chamber of Commerce
1210 W. Rosedale
Chicago, IL 60660
Attention: Shell Lulkin
Changes in the above-referenced addresses must be in writing and delivered in accordance with the
provisions ofthis Section. Notices delivered by mail shall be deemed received 3 days after mailing
in accordance with this Secfion. Notices delivered personally shall be deemed effective upon receipt.
ARTICLE 10 AUTHORITY
10.01 City Authority
This Agreement is entered into pursuant to City Council Ordinance enacted on
,
2003 by virtue ofthe home mle authority confened on the City under Section 6(a), Article VD ofthe
1970 Consfitution ofthe State oflllinois.
15368
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
10.02 Contractor's Authority
Execution ofthis Agreement by the Contractor is authorized by a resolution ofits Board of
Directors, ifa corporation, and the signature ofeach person signing on behalf of the Contractor has
been made with complete and fiill authority to commit the Contractor to all terms and conditions
ofthis Agreement, including each and every representation, certification and wananty contained
herein, including without limitation such representations, certifications and wananties collectively
attached hereto and incorporated by reference herein.
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
CfTY OF CHICAGO
CONTRACTOR
By:
Commissioner, Department of
Planning and Development
By:
Its:
Approved as to form and legality
Attested By:
Its:
Assistant Corporation Counsel
State of
County of
This instmment was acknowledged before me on
(date) by _
(name/s of person/s) as
(type of authority, e.g., officer, tmstee, etc.) of.
_(name of party on behalf of whom instmment was executed).
(Signature of Notary Public)
(Sub)Exhibits 1,2, 3 , 4 , 5, 6, 7 a n d 8 referred to in t h i s Service Provider A g r e e m e n t
for S p e c i a l S e r v i c e A r e a N u m b e r 2 6 r e a d a s follows:
12/17/2003
REPORTS OF COMMITTEES
15369
(Sub)Exhibit 1.
(To Service Provider Agreement For
Special Service Area Number 26)
2004 Scope Of Services
Special Service Area Number 26
Broadway Commercial District.
Coordinated marketing and promotional activities, including promotion and
outreach to create the Special Service Area;
Financing of storefront facade and signage improvements;
Public way maintenance and beautification activities;
Landscaping including planters and tree maintenance;
Security services, including, but not limited to, the development of safety
programs;
Snow removal on sidewalks;
Transit and parking programs, including strategic transit/parking improvement
and parking management studies;
Professional administration and office space; and
Other technical assistance activities to promote commercial and economic
development including, but not limited to, streetscape improvements, enhanced
land-use oversight and control initiatives, and strategic planning for the general
development of the Area.
12/17/2003
JOURNAL-CITY COUNCIL-CHICAGO
15370
(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area N u m b e r 26)
Department Of Planning And Development
Proposed Special Service Area Budget.
(Page 1 of 2)
Special Service Area Name and Number: Broadway Commercial District SSA #26
Chairperson, Special Service Area: Shell Lulkin Telephone: (Omitted for printing purposes)
Sole Service Provider: East Edgewater Chamber of Commerce
Program Manager: Sheli Lulkin Telephone: (Omitted for printing purposes)
Budget Period: From: January 1.2004
To: December 31.2004
Carry-over
Total 2004
Budget
$54,300
Advertising & Promotion
Year 2003
Levy
$54,300
Facade/Storefront Improvement
$20,000
$20,000
$25,000
General Maintenance of Areaincludes street/sidewalk cleaning and
scavenger services
Landscaping Services-includes
$42,000
flower/tree planting services
$20,000
Security Services
$25,000
Snow Plowing
$25,000
$25,000
Training and Workshops Involving
Resident or Business Community
Participatian - . Other direct Special Services to the
Area (please specify):
Transit & Parking Programs
$15,000
$15,000
Item
$42,000
$20,000
12/17/2003
REPORTS OF COMMITTEES
15371
(Sub)Exhibit 2.
(To Service Provider Agreement For
Special Service Area Number 26)
Department Of Planning And Development
Proposed Special Service Area Budget.
(Page 2 of 2)
Item
Administrafive Fee for
Managing SSA Program
1 Confingency Fund
for Uncollected Taxes
(5% of Budget-Recommended)
TOTAL
Year 2003
Levy
$17,700
Carry-over
$11,000
$11,000
$230,000
$230,000
Total Operating Budget:
Estimated Tax Levy Rate: ^ . * ^ 7 7 ( D P D use only, do not fill in)
This budget is approved
-iby the SSA Commission
./.r Chair
Chairperson Signature
^5/W/- A.
Lulk'irJ
(Print Name) SSA Chairperson
S^^oS
Date
Total 2004
Budget
$17,700
1
15372
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
(Sub)Exhibit 3.
(To Service Provider Agreement For
Special Service Area Number 26)
City Of Chicago
Economic Disclosure Statement And Affidavit.
The City of Chicago (the "City") requires disclosure of the infoimation requested in this
Economic Disclosure Statement and Affidavit ("EDS") before any City agency, department or
City Council action regarding the lYiatter that is the subject of this EDS. Please fully complete
each statement, with all infomiation cun'ent as of the date this EDS is signed. If a question is
not applicable, answer with "N.A" An incomplete EDS will be retumed and any City
action will be interrupted.
Please print ortype all responses clearly and legibly. Add additional pages if needed, being
careful to identify the portion of the EDS to which each additional page refers.
WHO MUST SUBMIT AN EDS:
1.
Applicants: Any individual or entity (the "Applicant") making an application to the City
for action requiring City Council or other City agency approval must file this EDS.
2.
Entitles holding an Interest In the Applicant Generally, whenever an ownership
interest in the Applicant (for example, shares of stock ofthe Applicant or a limited partnership
interest in the Applicant) is held or owned by a legal entity (for example, a corporation or
partnership, rather than an individual) each such legal entity must also file an EDS on its own
behalf, and any parent of that legal entity must do so until individual owners are disclosed.
However, if an entityfiling an EOS is a corporation whose shares are registered on a national
securities exchange pursuantto the Securities Exchange Act of 1934, only those shareholders
that own 10% or more of that filing entity's stock must file EDSs on their own behalf
ACKNOWLEDGMENT OF POSSIBLE CREDIT AND OTHER CHECKS: By completing
and filing this EDS, the Undersigned acknowledges and agrees, on behalf of itselfand the
entities or individualsnamed in this EDS, thatthe City may investigatethe creditworthinessof
some or all of the entities or individuals named in this EDS.
12/17/2003
REPORTS OF COMMITTEES
15373
CERTIFYING THIS EDS: Execute the certification on the date of the initial submission of this
EDS. You may be asked to re-certlfy this EDS on the last page as of the date of
submission of any related ordinance to the City Council, or as of the date of the
closing of your transaction.
PUBUC DISCLOSURE: It is the City's policy to make this document available to the
public on its Intemet site and/or upon request.
GENERAL INFORMATION
Date this EDS is completed:
Oc^Te><Z<z <i.
8
"^o o 3
A.
Who Is submitting this EDS? That individual or entity will be the
"Undersigned" throughout this EDS. ^ 3 . ^ r
EVc^g lOPs-rgft, CWamber a^(2r,<^rt\»^rce.
NOTE: The Undersigned is the individual or entity submitting this EDS, whether the
Undersigned is an Applicant or is an e ntity holding an interest in the Applicant. This
EDS requires certain disclosures and certifications from Applicants that are not
required from entities holding an Interest in the Applicant. When completing this EDS,
please observe whether the section you are completing applies only to Applicants.
^
Check here if the Undersigned is filing this EDS as an Applicant.
[]
Check here if the Undersigned is filing as an entity holding an interest in an
Applicant.
Also, please identify the Applicant in which this entity holds an interest:
B.
Business address of the Undersigned:
0.
Telephone (Omitted for printingFax' (Omitted for printing Email: ^ helv\ Q eJ^qCuXJAer, tf r a
D.
Name of contact person:
E:
Tax identification number (optional); (Omitted for printing purposes)
purposes)
lgL\o
u J . T^osccjia^-g..^
r " U ; c c x < ^ o - C L . (ooUtoO
" purposes)
.SUP^VI
UU>\V^\^J
O
J
15374
JOURNAL-CITY COUNCIL-CHICAGO
F.
Brief description of contract, transaction or other undertaking (refen-ed to below as
the "Matter") to which this EDS pertains. (Include project number and location if
applicable):
.1^
/i
( A x
G.
Is the Matter a procurement? [ ] Yes
H,
If a procurement, Specification #
Contract #
L
If not a procurement
1. City Agency requesting E D S : _ D e t o L _ £ i _ ? U « J ' ^ ' ' * ^ 5
, .
12/17/2003
-TA^
*^e,vjeAoi^(rvte«^
2. Cityactionrequested(e.g. loan, grant, sale of property): ^ . t y Cot.»oc.(i-approval
^
o
^
3
lfpropertyinvolved.listp2Pertylo.^tion:PJ--/jJ^^
SECTION ONE; DISCLOSURE OF OWNERSHIP INTERESTS
A
NATURE OF ENTITY
1.
Indicate whether the Undersigned is an individual or legal entity:
[ ] Individual
[] Limited Liability Company
[ j Business corporation
[ j Joint venture
[] Sole proprietorship
HT Not-for-profit corporation
(Is the not-for-profit corporation also a 501 (c)(3))?
[]Yes
HTJo
[ ] General partnership
[] Other entity (please specify)
[ ] Limited partnership
State of incorporation or organization, if applicable:
ll.Lt»iovS>
For legal entities not organized in the Stateof Illinois: Is the organization authorized to
do business in the State of Illinois as a foreign entity?
[]Yes
[]No
(^N/A
12/17/2003
B.
REPORTS OF COMMITTEES
15375
ORGANIZATION INFORMATION
1.
IF THE UNDERSIGNED IS A CORPORATION:
a.
List below the names and titles of all executive officers and all directors of the
corporation. For not-for-profit corporations, also list below any executive director of the
corporation, and indicate all members, if any. who are legal entities. If there are no such
members, write "no members."
Name
±
,t^
Title
Ui^-A.«».MJfl.TT>cJ
PtttC<.iDgK/r
b(1). If the Matter Is a procurement and the Undersigned is a corporation whose shares are
registered on a national securities exchange pursuantto the Securities Exchange Act of 1934,
please provide the following information conceming shareholders who own shares equal to or
in excess of 7.5% of the corporation's outstanding shares.
Name
Business Address
Percentage interest
b(2). Ifthe Matteris not a procurement, and the Undersignedis a corporationwhose shares
are registered on a national securities exchange pursuant to the Securities Exchange Act of
1934, please provide the following infomiation conceming shareholders who own shares equal
to or in excess of 10% of the corporation's outstanding shares.
Name
Business Address
Percentage Interest
15376
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
Edgewater Chamber of Commerce Board of Directors & Staff 2003
Chairman of the Board
JackSweetman
President
Timothy Harrington
Weinstein Family Funeral Services
Barr Funeral Home
Vice Presidents
Executive
David Frederickson
State Farm Insurance
Business & Customer Safety
John Sink
Dominick's Finer Foods
Business Education
Clifton Truman Daniel
Truman College
Image & Promotions
Jim McHale
North Community Bank
Street Improvements
Barbara Bernsen
Bernsen Management
Secretary
Gregory J. Lindeman
Piser Chapels
Treasurer
First Commercial Bank
Ailisa Herrera
Directors
Sisay Abebe
Karen Cash-McNeel
Jennifer Clark
Dorothy Fields
Alexi Giannoulias
Mike Khoury
Alan H. Klein
Marion Kozlowski
Laura Lee
Larry Little
Randy Marras
Shenwin Packer
Jaclyn Sperando
Jim Stolier
Helen Wagner
Ethiopian Diamond Restaurant
South & West
Loyola University Chicago
A.S.C.O.
Broadway Bank
Castle Food & Liquors
Alan Klein & Assoc.
Kindred Chicago Hospital
Uptown National Bank
The ACT Group
Pause
Ollie's Lounge / Orchard Realty
MB Financial Bank
The Building Group
H.M. Wagner Realty Services
12/17/2003
REPORTS OF COMMITTEES
15377
c.
For corporations that are not registered on a national securities exchange pursuantto
the Securities Exchange Act of 1934, list below the name, business address and percentage
of ownership interest of each shareholder.
Name
Business Address
Percentage Interest
2.
IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE:
For general or limited partnerships or joint ventures: list below the name, business address
and percentage of ownership interest of each partner. For limited partnerships, Indicate
whether each partner is a general partner or a limited partner.
Name
Business Address
Percentage Interest
3.
IF THE UNDERSIGNED IS A LIMfTED LIABILITY COMPANY:
a.
Listbelowthe name, business address and percentageof ownership interest of each
(i) member and (ii) manager. If there are no managers, write "no managers," and indicate how
the company Is managed.
Name
Business Address
Percentage Interest
b.
List below the names and titles of all officers, If any. If there are no officers, write "no
officers."
Name
Title
15378
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
4.
IF THE UNDERSIGNED IS A LAND TRUST, BUSINESS TRUST. ESTATE OR
OTHER SIMILAR ENTITY:
a.
List below the name and business address of each individual or legal entity holding
legal title to the property that is the subject of the tmst.
Name
Business Address
b.
List below the name, business address and percentage of beneficial interest of each
beneficiary on whose behalf title is held.
Name
Business Address
Percentage Interest
5.
IF THE UNDERSIGNED IS ANY OTHER LEGAL ENTITY, first describe the entity, then
provide the name, business address, and the percentage of interest of all individuals or legal
entities having an ownership or other beneficial interest in the entity.
Describe the entity:
Name
Business Address
Percentage Interest
12/17/2003
REPORTS OF COMMITTEES
15379
SECTION TWO: BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
A
DEFINITIONS AND DISCLOSURE REQUIREMENT
1.
The Undersigned must indicate whether rt had a "business relationship" with a City
elected official in the 12 months before the date this EDS is signed.
2.
Pursuant to Chapter 2 -156 ofthe Municipal Code of Chicago (the "Municipal Code"), a
"business relationship" means any "contractual or other private business dealing" of an
official, or his or her spouse, or of any entity in which an official or his or her spouse has a
"financial interest" with a person or entity which entitles an official to compensation or payment
in Uie amount of $2,500 or more in a calendar yean but a "financial Interesf does not include:
(i) any ownership through purchase at fair mari<et value or inheritance of less than 1 % of the
shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of
the value of or dividends on such shares, if such shares are registered on a securities
exchange pursuant to the Securities Exchange Act of 1934, as amended, (ii) the authorized
compensation paid to an official or employee for his office or employment; (iii) any economic
benefit provided equally to all residents of the City; (iv) a time or demand deposrt in a financial
instrtution; or (v) an endowment or insurance policy or annurty contract purchased from an
insurance company. A "contractual or ottier private business dealing" does not include any
employment relationship of an officiars spouse with an entrty when such spouse has no
discretion conceming or input relating to the relationship between that entity and the Crty.
B.
CERTIFICATION
1.
Has the Undersigned had a "business relationship" with any City elected olTicial in the
12 months before Uie date Uiis EDS is signed?
[]Yes
^No
If yes, please identify below the name(s) of such City elected official(s) and describe
such relatlonship(s):
15380
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
SECTION THREE: DISCLOSURE OF RETAINED PARTIES
A
DEFINITIONS AND DISCLOSURE REQUIREMENTS
1.
The Undersigned must disclose certain infonnation about attomeys, lobbyists,
accountants, consultants, subcontractors, and any other person whom the Undersigned has
retained or expects to retain in connection with the Matter. In particular, the Undersigned must
disclose the name of each such person, his/her business address, the nature of the
relationship, and the total amount ofthe fees paid or estimated to be paid. The Undersigned
is not required to disclose employees who are paid solely through the Undersigned's regular
payroll.
"Lobbyist" means any person (i) who, for compensationor on behalf of any person otherthan
himself, undertakes to influence any legislative or administrative action, or (ii) any part of
whose duty as an employee of another includes undertaking to influence any legislative or
administrative action.
2.
Ifthe Undersigned is uncertainwhethera disdosureis required underthis Section, the
Undersigned must erther ask the City whether disclosure is required or make the disclosure.
B.
CERTIFICATION
Each and every attomey, lobbyist, accountant, consuttant, subcontractor, or other person
retained or anticipated to be retained directiy by the Undersigned witti respect to or in
connection with the Matter is listed below [begin list here, add sheets as necessary]:
Name
Business
(indicate
Address
whether
retained
or anticipated
to be re^-'ined)
Relationship to Undersigned
(attomey, lobbyist, etc.)
<,
Fees (indicate whether
paid or estimated^
j . ,
J . t > . M r ? ^ \ / p t . r - ^ r . n i a ^ j ^ h ^ ^ ' k l . M O t ^ O ^ C ^ ^i^'^(.NOfTC^i^f^OOO CSV
J S i i i u B r x . ^ u < r y ~12>2<i uJ.HDtit>.6,^r^^o .col^;50LTA<^, if/0J5bo ^ e r r .
S. R. PengoMP^Ni^ A;ai >j.Lfr<^A-Leayg;Q^ U6(oo{.cc^r'A\x^ <^/6'ysLIS" ;Po
I ] C H E C K HERE F NO SUCH INDIVIDUALS HAVE BEEN RETUNEO BY TME U NDERSXit^ED OR ARE ANiaPATBJTO
BE RETAINED BY THE U N D E R S K S N E D .
12/17/2003
REPORTS OF COMMITTEES
SECTION FOUR: CERTIFICATIONS
I.
CERTIFICATION OF COMPUANCE
For purposes of the certifications in A, B. and C below, the term "affiliate" means any individual
or entity Uiat, directiy or indirectiy: controls tiie Undersigned, is controlled byttieUndersigned,
or is, wrth the Undersigned, under common conta-ol of another individual or entity. Indicia of
control include, wrthout limitation: interlocking managementor 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
wtth the federal govemment or a state or local govemment, including the Crty, using
substantially tiie same management, ownership, or principals as Uie ineligible entity.
A.
The Undersigned is not delinquent in the payment of any tax administeredbyttieIllinois
Department of Revenue, nor aretfieUndersigned or its affiliates delinquentin paying any fine,
fee, tax or other charge owed to the City. This includes all water charges, sewer charges,
license fees, periling tickets, property taxes or sales taxes. If there are any such
delinquencies, note them below:
.^
bU
If the letters "NA" tiie word "None," or no response appears on the lines above, rt will be
conclusively presumed that the Undersigned certified to the above statements.
B.
The Undersigned and rts affiliates have not, in tiie past five years, been found in
violation of any City, state or federal environmental law or regulation. If there have been any
such violations, note tiiem below:
r
If Uie letters "NA." ttie word "None," or no response appears on the lines above, rt will be
conclusively presumed that the Undersigned certified to the above statements.
15381
15382
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
0.
If the Undersigned is Uie Applicant, the Undersigned and its affiliates will not use, nor
permrtttieirsubcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in
connection wrth the Matter for the duration oftimethat such facility remains on the list.
D.
If the Undersigned is tfie Applicant, the Undersigned will obtain frcim any
conb'actors/subcontractors hired or to be hired in connection with the Matter certifications
equal in form and substance to Uiose in Section Four. I. (A-C) above and will not, without Uie
prior written consent of the City, use any such contractor/subcontractorthat does not provide
such certifications or that the IJndersigned has reason to believe has not provided or cannot
provide truthful certifications.
If the Undersigned is unable to make the certifications required in Section Four, paragraph I
(C) and (D) above, provide an explanation:
If the letters "NA," Uie word "None," or no response appears on the lines above, rt will be
conclusively presumed that the Undersigned certified to the above statements.
lj.
CHILD SUPPORT OBLIGATIONS - CERTIFICATION REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE
For purposes of this part, "Substantial Owner" means any individual who, directty or indirectiy,
owms or holds a 10% or more interest in the Undersigned./Vote: This may include individuals
disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in
an EDS filed by an entity holding an interest in the Applicant.
If the Undersigned's response below is #1 or #2, then all of tiie Undersigned's Substantial
Owners must remain in compliance wrth any such child support obligations until the Matteris
completed. Failure of the Undersigned's Substantial Owners to remain in compliance wfth
their child support obligationsin the manner set forth In either#1 or #2 constitutes an eventof
defautt.
12/17/2003
REPORTS OF COMMITTEES
15383
Check one:
1.
No Substantial Owner has been declared in arrearage on any child support
obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of
competent jurisdiction.
2.
The Circurt Court of Cook County, Illinois or another Illinois court of competent
jurisdiction has issued an order declaring one or more Substantial Owners in an-earage
on child support obligations. All such Substantial Owners, however, have entered into
court-approved agreements for ttie payment of all such child support owed, and all
such Substantial Owners are in compliance wrth such agreements.
3.
The Circuit Court of Cook County, Illinois or anottier Illinois court of competent
jurisdiction has issued an order declaring one or more Substantial Owners in arrearage
on child support obligations and (a) at least one such Substantial Owner has not
entered into a court-approved agreement for the payment of all such child support
owed; or (b) at least one such Substantial Owner is not in compliance witti a courtapproved agreement for the payment of all such child support owed; or both (a) and
(b).
V 4.
ni.
There are no Substantial Owners.
FURTHER CERTIFICATIONS
A.
The Undersigned and. if the Undersigned is a legal entity, its principals (officers,
directors, partners, members, managers, executive director):
1.
are not presently deban-ed. suspended. proposed for debamient, declared
ineligible or voluntarily excludedfi-omany transactions by any federal, state
or local unrt of govemment;
2.
have not, wrthin 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
ttansaction; a violation of federal or state antitmst statutes; fraud;
embezzlement; theft; forgery; bribery; falsification or destruction of records;
making false statements; or receiving stolen property;
15384
JOURNAL-CITY COUNCIL-CHICAGO
12/17/2003
3.
are not presently indicted for or otherwise criminally or civilly charged by a
govemmental entity (federal, state or local) with commission of any of ttie
offenses enumerated in clause (A)(2) of this section;
4.
have not, wittiin afive-yearperiod 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, orfound liable in a civil proceeding, in any criminal or
civil action instituted by the Crty or by the federal government, any state, or any
other unrt of local govemment.
The certifications in subparts B and D concem:
• the Undersigned;
• any party participating in the pertormance of the Matter ("an Applicable Party");
• any "Affiliated Entity" (meaning an individual or entity ttiat, directiy or indirecUy:
conti-ols the Undersigned, is controlled by the Undersigned, or is, with the
Undersigned, under common contiDl of another individual or entity. Indicia of confrol
include, wrthout limrtation: interiocking 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 state or local govemment, including
the City, using sut>stantiallyttiesame management, ownership, or principals as the
ineligible entity); with respectto Applicable Parties, the tenm Affiliated Entity means
an individual or entity that directly or indirectiy controls the Applicable Party, is
controlled byrt,or, with the Applicable Party, is under common control of another
individual or entrty;
• any responsible official of the Undersigned, any Applicable Party or any Affiliated
Entrty or any other official, agent or employee of the Undersigned, any Applicable
Party or any Affiliated Entity, acting pursuantto the direction or authorization of a
responsible official ofttieUndersigned,any Applicable Party or any Affiliated Entity
(collectively "Agents").
Nerthertiie Undersigned, nor any Applicable Party, nor any Affiliated Entity of erther ttie
Undersigned or any Applicable Party nor any Agents have, during the five years before
the datettiisEDS is signed, or, wrth respectto an Applicable Party, an Affiliated Entity,
or an Affiliated Entity of an Applicable Party during the five years before the date of
such Applicable Party's or Affiliated Entit/s contract or engagementin connecfion wfth
tiie Matter
12/17/2003
REPORTS OF COMMITTEES
15385
1.
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or
attempting to bribe, a public officer or employee ofthe Crty.ttieState of Illinois, or any
agency of the federal govemment or of any state or local govemment 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 or
collusion among bidders or prospective bidders, in restraint of freedom of
competition by agreement to bid afixedprice or otherwise; or
3.
made an admission of such conduct described in (1) or (2) above that is a
matter of record, but have not been prosecuted for such conduct; or
4.
violated the provisions of Section 2-92-610 of the Municipal Code (Living
Wage Ordinance).
C.
The Undersigned understands and shall comply with (1) the applicable requirements of
the Govemmental Ethics Ordinance of the City, Trtle 2, Chapter 2 -156 of the Municipal
Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code
(Office of the Inspector General).
D.
Neither the Undersigned, Affiliated Entity or Applicable Party, or any of ttieir
employees, officials, agents or partners, is ban-ed from confr-acting with any unit of state
or local govemment as a result of engaging in or being convicted of (1) bid-rigging in
violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3)
any similar offense of any state or of the United States of America that contains the
same elements as the offense of bid-rigging or bid-rotating.
E.
If the Undersigned is unable to certify to any