1-23-020 Ineligibility to do business with the city.

   (a)   Ineligibility due to a conviction. No natural person or business entity shall be eligible to do business with the City if such natural person, business entity or any controlling person of such business entity has ever been convicted or in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any kind, or of a criminal offense of whatever degree, involving:

      (1)   bribery or attempted bribery, or its equivalent under any local, state or federal law, of any public officer or employee of the City of Chicago or of any sister agency; or

      (2)   theft, fraud, forgery, perjury, dishonesty or deceit, or attempted theft, fraud, forgery, perjury, dishonesty or deceit, or its equivalent under any local, state or federal law, against the City of Chicago or of any sister agency; or

      (3)   conspiring to engage in any of the acts set forth in items (1) or (2) of this subsection (a); or

      (4)   any hate crime; or

      (5)   treason, sedition, or related offenses.

   (b)   Ineligibility due to an admission of guilt. No natural person or business entity shall be eligible to do business with the City if such natural person or business entity or any controlling person of such business entity has made in any civil or criminal proceeding an admission of guilt of any of the conduct set forth in items (1) through (5), inclusive, of subsection (a) of this section, under circumstances where such admission of guilt is a matter of record but has not resulted in criminal prosecution for such conduct.

   (c)   Ineligibility due to the filing of charges or indictment. No natural person or business entity shall be eligible to do business with the City if such natural person or business entity or any controlling person of such business entity is charged with or indicted for any felony or criminal offense set forth in items (1) through (5), inclusive, of subsection (a) of this section. Such ineligibility shall remain in effect until final adjudication is made with respect to such felony or criminal offense.

   (d)   Ineligibility due to debarment by a government agency. No natural person or business entity shall be eligible to do business with the City if such natural person or business entity or any controlling person of such business entity has been debarred by any local, state or federal government agency from doing business with such government agency, for any reason or offense set forth in subsections (a), (b), or (c) of this section, or substantially equivalent reason or offense, for the duration of the debarment by such government agency.

   (e)   Ineligibility due to removal from public office. No natural person or business entity shall be eligible to do business with the City if such natural person or any controlling person of such business entity has ever been removed from public office.

   (f)   Successor business entities. Notwithstanding anything to the contrary in this section, if a business entity seeking to do business with the City ("the applicant entity") acquires or is merged with a business entity that is ineligible under this section to do business with the City ("the prohibited entity"), such applicant entity shall be eligible to do business with the City if all of the following apply: (1) no controlling person of such applicant entity has made an admission of guilt or been convicted, charged or indicted for any of the criminal conduct forming the basis of the prohibited entity's ineligibility to do business with the City; and (2) no person who was a controlling person of the prohibited entity at the time such criminal conduct occurred is a controlling person of the applicant entity; and (3) all other eligibility requirements of this section have been met by the applicant entity and all controlling persons thereof.

(Added Coun. J. 6-30-10, p. 95061, § 1; Amend Coun. J. 10-5-16, p. 33564, § 1; Amend Coun. J. 3-23-22, p. 45580, § 2)

1-23-030 Duty to maintain eligibility to do business with the city.

   Eligibility under Section 1-23-020 to do business with the city shall be a continuing requirement for doing business with the city.

(Added Coun. J. 6-30-10, p. 95061, § 1)

1-23-040 Failure to maintain eligibility to do business with the city.

   The failure of any natural person, business entity or controlling person to maintain eligibility to do business with the City in violation of Section 1-23-030 shall render any action, as defined in Section 1-23-010, in behalf of or in any way connected to such natural person, business entity or controlling person voidable or subject to termination or revocation, as applicable, at the option of the Chief Procurement Officer after consultation with the City department or agency involved in such action. Provided, however, that no such action shall be voided, terminated or revoked by the Chief Procurement Officer if, upon written application to the Chief Procurement Officer, the head of the City department or agency involved in such action sets forth facts sufficient in the judgment of the Chief Procurement Officer to establish (1) that the public health, safety or welfare of the City requires such action or the goods or services provided as a result of such action; or (2) that the City is unable to acquire the goods or services provided as a result of such action at comparable price and quality, or in sufficient quantity, from other sources.

(Added Coun. J. 6-30-10, p. 95061, § 1; Amend Coun. J. 11-9-16, p. 36266, § 1)

1-23-050 Rulemaking authority.

   The corporation counsel and chief procurement officer are authorized to promulgate rules and regulations necessary to implement the requirements of this article.

(Added Coun. J. 6-30-10, p. 95061, § 1; Amend Coun. J. 9-8-10, p. 99116, § 1)

ARTICLE II. INELIGIBILITY TO ENTER INTO CITY TRANSACTIONS (1-23-100 et seq.)

1-23-100 Ineligibility as to city transactions.

   As further specified in Section 2-92-320, no person determined by the chief procurement officer to be ineligible may be a party to a transaction, and any existing transaction with such person may be subject to termination and repayment to the city of any amounts disbursed thereunder.

   The chief procurement officer is authorized to promulgate regulations to administer and enforce this article.

(Added Coun. J. 9-8-10, p. 99116, § 2)

ARTICLE III. ELIGIBILITY OF PUBLIC MUSEUMS AND DISPROPORTIONATE SHARE HOSPITALS FOR FEE WAIVERS (1-23-300 et seq.)

1-23-300 Fee waivers.

   Except as otherwise explicitly provided in this Code, if the applicant for any city license or permit is (1) a public museum and such public museum is eligible to receive funds for capital development under subdivision (7) of § 1-25 of the Department of Natural Resources Act, as amended, codified at 20 ILCS 801/1-1 et seq., or (2) a not-for-profit hospital that qualifies for a disproportionate share adjustment consistent with Section 148.120 of Subchapter d of Chapter I of Title 89 of the Illinois Administrative Code, as amended, codified at 89 Ill. Adm. Code § 148.120, such public museum or disproportionate share hospital shall be exempt from payment of 20% of any license fee, permit fee, application fee or inspection fee that would other otherwise apply in connection with the procurement of such license or permit. Provided, however, that the fee waiver authorized under this section shall not apply in connection with any monies owed by the City to any third party for any service provided to the City by such third party under the department of building's developer services program or under any other city program.

(Added Coun. J. 11-16-11, p. 13798, Art. VIII, § 1)

ARTICLE IV. INELIGIBILITY FOR LICENSES AND PERMITS (1-23-400 et seq.)