This record contains private information, which has been redacted from public viewing.
Record #: O2014-4984   
Type: Ordinance Status: Passed
Intro date: 6/25/2014 Current Controlling Legislative Body: Committee on Housing and Real Estate
Final action: 7/30/2014
Title: Sublease agreement with Catholic Charities of Archdiocese of Chicago for use of properties at 1643 W Cermak Rd, 2310 W Roosevelt Rd, 2400 S Kedzie Ave and 11255 S Michigan Ave
Sponsors: Emanuel, Rahm
Topic: AGREEMENTS - Lease
Attachments: 1. O2014-4984.pdf
 
 
OFFICE  OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
June 25,2014
 
 
 
 
 
 
 
 
 
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
 
 
Ladies and Gentlemen:
 
At the request of the Commissioner of Fleet and Facility Management, I transmit herewith ordinances authorizing the execution of lease agreements.
 
Your favorable consideration of these ordinances will be appreciated.
 
Mayor
 
Very truly yours,
 
ORDINANCE
 
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
 
 
SECTION 1: On behalf of the City of Chicago, the Commissioner of the Department of Fleet and Facility Management is authorized to execute subleases with Catholic Charities of the Archdiocese of Chicago governing the City's use of properties located at 2400 South Kedzie Avenue, 2310 West Roosevelt Road, 1643 West Cermak Road, and 11255 South Michigan Avenue by the Department of Public Health, payment of operating costs, and indemnification; such subleases to be approved by the Commissioner of the Department of Public Health and approved as to form and legality by the Corporation Counsel in substantially the following form:
 
LEASE NO. 10081
 
SUB-LEASE
 
THIS AGREEMENT (the "Agreement") is made and entered into this      day of
       2014 (the "Commencement Date"), by and between the CITY OF
CHICAGO, an Illinois Municipal Corporation and Home Rule Unit of Government, (hereinafter referred to as "City"), and CATHOLIC CHARITIES OF THE ARCHDIOCESE OF CHICAGO, an Illinois Not-for-Profit Corporation (hereinafter referred to as "CCAC").
 
RECITALS
 
WHEREAS, CCAC is occupying the real property more commonly known as 2400 South Kedzie Avenue (the "Building"), Chicago, Cook County, Illinois pursuant to a Lease (the "Master Lease") between CCAC and East Lake Hannibal Gonzalez Environmental Services (the "Landlord"); and
 
WHEREAS, the Master Lease expires on September 30, 2015; and
 
WHEREAS, the Building is a two-story property comprised of approximately 19,500 square feet of office space; and
 
WHEREAS, the terms of the Master Lease allow CCAC to sub-lease all or a portion of the Building to other parties; and
 
WHEREAS, CCAC has agreed to sub-lease to the City, and the City has agreed to sublease from CCAC, the northwest office area on the second floor of the Building comprised of approximately 2,400 square feet to be used by the City's Department of Public Health as the Westside Health Partnership Women Infants and Children's ("WIC") Office or other related municipal uses as determined by the City; and
 
WHEREAS, CCAC and other CCAC agencies occupy the remainder of the Building and the Building includes a WIC food center operated by CCAC on the first floor that can be utilized by the City's WIC clients; and
 
WHEREAS, the City and CCAC would like to formalize the City's use of space within the Building.
 
NOW THEREFORE, in consideration of the covenants, terms and conditions set forth herein, the parties hereto agree and covenant as follows:
 
SECTION 1. GRANT
 
CCAC hereby sub-leases to the City the following described premises situated in the City of Chicago, County of Cook, State of Illinois, to wit:
 
 
LEASE NO. 10081
 
Approximately 2,400 square feet of office space located in the northwest office area of the 2nd Floor of the 2400 South Kedzie Avenue Building, Chicago, Illinois, (the "Premises").
SECTION 2. TERM
 
The term of this Agreement (the "Term") shall begin on the Commencement Date and shall end on September 30, 2015, unless sooner terminated as set forth in this Agreement.
 
SECTION 3. RENT, TAXES, AND UTILITIES
  1. Base Rent. The City shall pay CCAC rent for the Premises in the amount of:
 
One Dollar ($1.00) for the entire Term with the receipt and sufficiency of said sum hereby acknowledged by both parties.
  1. Master Lease Rent. CCAC's rent under the Master Lease is as follows:
  1. Twenty-Nine Thousand Two-Hundred Fifty and 00/100 Dollars ($29, 250.00) per month for the period beginning on the Commencement Date and ending on September 30, 2014.
  2. Twenty-Nine Thousand Two-Hundred Fifty and 00/100 Dollars ($29, 250.00) per month for the period beginning on October 1, 2014 and ending on September 30, 2015.
 
CCAC shall continue to directly pay the Landlord all rental and other amounts due under the Master Lease. The City shall not make any payments to the Landlord. The City is not a party to the Master Lease.
  1. Rental Reimbursement under the Master Lease. The City shall reimburse CCAC rent owed by CCAC under the Master Lease for that portion of the Building attributable to the Premises (the "Proportionate Rent"). This Proportionate Rent shall be based on the square footage subleased by the City divided by the Building's total square footage. The Building's total square footage is approximately 19,500 square feet and the square footage ofthe Premises is approximately 2,400 square feet. The City's Proportionate Rent shall, therefore, comprise 12.3% ofthe rent payable by CCAC under the Master Lease.
  2. Proportionate Rent Schedule. The City shall provide CCAC with the Proportionate Rent for the Premises in the amount of:
  1. Three-Thousand Five-Hundred Ninety-Seven and 75/100 Dollars ($3,597.75) per month for the period beginning on the Commencement Date and ending on September 30, 2014.
  2. Three-Thousand Five-Hundred Ninety-Seven and 75/100 Dollars ($3,597.75) per month for the period beginning on October 1, 2014 and ending on September 30, 2015.
 
 
 
 
 
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(c)     Proportionate Rental Payment must be received by CCAC by the      day of
each month.
  1. Utilities and Tax Reimbursement. In addition to the Proportionate Rent, the City shall also reimburse CCAC utilities and real estate taxes owed by CCAC under the Master Lease for that portion of the Building attributable to the Premises (the "Proportionate Utilities and Taxes"). Utilities shall be comprised of gas, electricity, and water services to the Premises. This Proportionate Utilities and Taxes shall be based on the square footage subleased by the City divided by the Building's total square footage. The Building's total square footage is approximately 19,500 square feet and the square footage of the Premises is approximately 2,400 square feet. The City's Proportionate Utilities and Taxes shall, therefore, comprise 12.3% ofthe utilities and taxes payable by CCAC under the Master Lease. The City's Proportionate Utilities and Taxes shall initially be set at Eight-Hundred Eighty-Two and 49/100 Dollars (S882.49) and shall be adjusted from time to time upon written notice and accounting from CCAC to City.
 
Proportionate Rent and Proportionate Utilities and Taxes shall be paid by the City to CCAC at Catholic Charities of the Archdiocese of Chicago, 721 North LaSalle Street, Chicago, Illinois 60610, or at such place as CCAC may from time to time, hereby designate in writing to City. At no time shall City make any payments to Landlord.
  1. Waiver of Proportionate Rent and Proportionate Utilities and Taxes beginning May 1. 2014 through December 31. 2014. CCAC shall waive any amounts due under 3.4(a), 3.4(b), and 3.5 of this Agreement or for any other use of the Premises through December 31, 2014 (together with all such amounts due through December 31, 2014 for the City's access to 1643 West Cermak Road, 2310 West Roosevelt Road, and 11255 South Michigan Avenue). The City shall waive any amounts that CCAC may owe the City through December 31, 2014 as operating costs for CCAC's access to 10 South Kedzie Avenue pursuant to that License Agreement No. 20284 and dated March 25, 2014
  2. Waiver of 25% of Proportionate Rent and Proportionate Utilities and Taxes for 2015. CCAC shall waive 25% of any amounts due under 3.4(a), 3.4(b), and 3.5 of this Agreement or for any other use of the Premises for the period beginning on January 1, 2015 through December 31, 2015 (together with all such amounts due January 1, 2015 through December 31, 2015 for the City's access to 1643 West Cermak Road, 2310 West Roosevelt Road, and 1 1255 South Michigan Avenue). The City shall waive 25% of any amounts that CCAC may owe the City as operating costs for the period beginning on January 1, 2015 through December 31, 2015 for CCAC's access to 10 South Kedzie Avenue pursuant to that License Agreement No. 20284 and dated March 25, 2014.
  3. Telephone and Communications. The City shall be responsible for payment, maintenance, and repair of any telephone or telecommunications devices required by the City for the City's operations within the Premises. By written mutual agreement of the parties, the City and CCAC may also elect to allow the City to use CCAC's phone lines. In the event of such use of CCAC's phone lines by the City, the City shall reimburse CCAC the allocable costs attributable to the City's use of CCAC phone lines.
 
 
 
 
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SECTION 4. CONDITION AND ENJOYMENT OF PREMISES, ALTERATIONS AND ADDITIONS, SURRENDER
  1. Condition of Premises upon Delivery of Possession. CCAC covenants that to the best of CC AC's knowledge the Premises shall:
  1. Comply in all respects with all laws, ordinances, orders, rules, regulations, and requirements of all federal, state and municipal governmental departments ("Law") which may be applicable to the Premises or any portion thereof or to the use or manner of use of the Premises.
  2. CCAC makes no representations and/or warranties, express or implied, about the quality of air in and around the premises, or the water provided to the Premises, the presence of Hazardous Substances, as defined above, in, on or under the Premises.
 
CCAC's duty under this Section ofthe Agreement shall survive the City's acceptance of the Premises.
  1. Covenant of Quiet Enjoyment. CCAC covenants and agrees that the City, upon paying the Proportionate Rent, paying Proportionate Utilities and Taxes, and upon observing and keeping the covenants, agreements and conditions of this Agreement on its part to be kept, observed and performed, shall lawfully and quietly hold, occupy and enjoy the Premises (subject to the provisions of this Agreement) during the Term without hindrance or molestation by CCAC, Landlord, or by any other person or persons.
  2. CCAC's Duty to Maintain Premises and Right of Access. CCAC shall, at CCAC's expense, keep the Premises in a condition of thorough repair and good order, and in compliance with all applicable provisions of the Municipal Code of the City of Chicago, including but not limited to those provisions in Title 13 ("Building and Construction"), Title 14 ("Electrical Equipment and Installation"), Title 15 ("Fire Prevention") and all applicable landscape ordinances. If CCAC shall refuse or neglect to make non-emergency repairs within twenty (20) days after receipt of written notice thereof sent by the City, unless such repair cannot be remedied within twenty (20) days and CCAC has commenced and is diligently pursuing all necessary action to remedy such repair, the City is authorized to make such repairs and to deduct the cost thereof from the Proportionate Rent and Proportionate Utilities and Taxes accruing under this Agreement. The City shall provide CCAC with access to the Premises for the purpose of inspecting and making repairs to the Premises. Except in the case of emergencies, CCAC shall first give a five (5) business day notice to the City of its desire to enter the Premises and will schedule its entry so as to minimize any interference with the City's use of Premises.
  3. Use of the Premises. The City shall fully comply with all applicable laws, ordinances, and governmental regulations, and shall not make any use of the Premises, which directly or indirectly, is forbidden by public law, ordinance, or governmental regulation. The City further covenants not to do or suffer any waste or damage and to comply in all respects with the Law which may be applicable to the Premises or to the use or manner of use of the Premises.
 
 
 
 
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4.5 Alterations and Additions. The City shall have the right to make such alterations, additions and improvements on the Premises as it shall deem necessary, provided that any such alterations, additions and improvements shall be in full compliance with the applicable Law and provided that the City has obtained the prior written consent of CCAC. CCAC shall not unreasonably withhold consent.
 
SECTION 5. ASSIGNMENT, SUBSUB-LEASE, AND LIENS
  1. Assignment and Sub-Lease. The City shall not assign this Agreement in whole or in part, or sublet the Premises or any part thereof, or permit an assignment to take place by any act or default of the City or any person within the City's control, without the written consent of CCAC in each instance. CCAC shall not unreasonably withhold, delay, or condition such consent.
  2. City's Covenant Against Liens. The City shall not cause or permit any lien or encumbrance, whether created by act ofthe City, operation of law or otherwise, to attach to or be placed upon CCAC's title or interest in the Premises. All liens and encumbrances created by the City shall attach to the City's interest only.
 
SECTION 6. INSURANCE AND INDEMNIFICATION
  1. Insurance. City and CCAC shall self-insure their respective operations within the Premises and within the Building.
  2. Indemnification. CCAC shall indemnify and hold the City harmless against all liabilities, judgment costs, damages, expenses, and attorney's fees, which may accrue against, be charged to, or be recovered from CCAC by reason of any negligent performance of or failure to perform any of their obligations under this Agreement. Subject to allocation of adequate appropriations and any other applicable legislative procedures, requirements, and approvals, the City shall indemnify and hold CCAC harmless against all liabilities, judgment costs, damages, expenses, and attorney's fees, which may accrue against, be charged to, or be recovered from CCAC by reason of any negligent performance of or failure to perform any of their obligations under this Agreement.
 
SECTION 7. DAMAGE OR DESTRUCTION
 
7.1 Damage or Destruction. If the Premises shall be damaged or destroyed by fire or other casualty to such extent that the City cannot continue, occupy or conduct its normal business therein, or if the Premises do not meet all Municipal Building and Fire Code provisions, the City shall have the option to declare this Agreement terminated as of the date of such damage or destruction by giving CCAC written notice to such effect. CCAC may elect to repair/replace the Premises within forty-five (45) days after the occurrence of the event causing the damage. Should CCAC elect to repair/replace the Premises, the City's option to terminate shall be held in abeyance until such time as said repair/replacement is completed or forty-five (45) days after the occurrence of the event causing the damage has lapsed. If CCAC elects not to make, or is unable to complete said repair/replacement within forty-five (45) days after the occurrence of the event
 
 
 
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causing the damage, and if the City exercises this option to terminate, the Proportionate Rent and Proportionate Utilities and Taxes shall be apportioned as of the date of such damage or destruction and CCAC shall forthwith repay to the City all prepaid Proportionate Rent and Proportionate Utilities and Taxes. If there is a casualty event, and normal business operations are interrupted, but the City does not elect to terminate, and the Agreement is not terminated, the Proportionate Rent and Proportionate Utilities and Taxes shall abate during the time period that the Premises are not usable.
 
SECTION 8. CONFLICT OF INTEREST AND GOVERNMENTAL ETHICS
  1. Conflict of Interest. No official or employee of the City of Chicago, nor any member of any board, commission or agency of the City of Chicago, shall have any financial interest (as defined in Chapter 2-156 of the Municipal Code), either direct or indirect, in the Premises; nor shall any such official, employee, or member participate in making or in any way attempt to use his or her position to influence any City governmental decision or action with respect to this Agreement.
  2. Duty to Comply with Governmental Ethics Ordinance. CCAC and the City Shall comply with Chapter 2-156 of the Municipal Code of Chicago, "Governmental Ethics," including but not limited to section 2-156-120, which states that no payment, gratuity, or offer of employment shall be made in connection with any City of Chicago contract as an inducement for the award of that contract or order. Any contract negotiated, entered into, or performed in violation of any of the provisions of Chapter 2-156 shall be voidable as to the City of Chicago.
 
SECTION 9. HOLDING OVER
 
9.1 Holding Over. In the event that CCAC renews the Master Lease beyond September 30, 2015, any holding over by the City shall be construed to be a sublease from month to month only beginning on October 1, 2015 (the "Holding Over") and the Proportionate Rent and Proportionate Utilities and Taxes shall be at the same rate as set forth in Section 3.4 (c) and 3.5 of this Agreement. During such Holding Over, all other provisions of this Agreement shall remain in full force and effect. In the event that CCAC does not renew the Master Lease beyond September 30, 2015, the City must vacate the Premises on or before September 30, 2015. The City will be responsible for any damages and costs sustained or incurred by CCAC from such retention of possession of the Premises by the City beyond September 30, 2015.
 
SECTION 10. MISCELLANEOUS
 
10.1 Notice. All notices, demands and requests which may be or are required to be given demanded or requested by either party to the other shall be in writing. All notices, demands and requests by CCAC to the City shall be delivered by national overnight courier or shall be sent by United States registered or certified mail, return receipt requested, postage prepaid addressed to the City as follows:
 
City of Chicago
Department of Fleet and Facility Management
 
 
 
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LEASE NO. 10081
 
Office of Real Estate Management 30 North LaSalle Street, Room 300 Chicago, Illinois 60602
 
With a copy to: City of Chicago
Chicago Department of Public Health 333 South State Street, Room 200 Chicago, Illinois 60604
 
or at such other place as the City may from time to time designate by written notice to CCAC and to the City at the Premises. All notices, demands, and requests by the City to CCAC shall be delivered by a national overnight courier or shall be sent by United States registered or certified mail, return receipt requested, postage prepaid, addressed to CCAC as follows:
 
Attn: Legal and Compliance Services Catholic Charities of the Archdiocese of Chicago 721 North LaSalle Street Chicago, Illinois 60610
 
or at such other place as CCAC may from time to time designate by written notice to the City. Any notice, demand or request which shall be served upon CCAC by the City, or upon the City by CCAC, in the manner aforesaid, shall be deemed to be sufficiently served or given for all purposes hereunder at the time such notice, demand or request shall be mailed.
  1. Partial Invalidity. If any covenant, condition, provision, term or agreement of this Agreement shall, to any extent, be held invalid or unenforceable, the remaining covenants, conditions, provisions, terms and agreements of this Agreement shall not be affected thereby, but each covenant, condition, provision, term or agreement of this Agreement shall be valid and in force to the fullest extent permitted by law.
  2. Governing Law. This Agreement shall be construed and be enforceable in accordance with the laws of the State of Illinois.
  3. Entire Agreement. All preliminary and contemporaneous negotiations are merged into and incorporated in this Agreement. This Agreement contains the entire agreement between the parties and shall not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties hereto.
  4. Captions and Section Numbers. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections of this Agreement nor in any way affect this Agreement.
 
 
 
 
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LEASE NO. 10081
  1. Binding Effect of Agreement. The covenants, agreements, and obligations contained in this Agreement shall extend to, bind, and inure to the benefit of the parties hereto and their legal representatives, heirs, successors, and assigns.
  2. Time is of the Essence. Time is of the essence of this Agreement and of each and every provision hereof.
  3. No Principal/Agent or Partnership Relationship. Nothing contained in this Agreement shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto.
  4. Authorization to Execute Agreement. The parties executing this Agreement hereby represent and warrant that they are the duly authorized and acting representatives of CCAC and the City respectively and that by their execution of this Agreement, it became the binding obligation of CCAC and the City respectively, subject to no contingencies or conditions except as specifically provided herein.
  5. Termination of Agreement. The City or CCAC shall have the right to terminate this Agreement at any time without cause by providing sixty (60) days prior written notice. Such early termination shall be without prepayment or penalty. This termination provision is also subject to the Federal Funds clause incorporated within section 10.14 of this Agreement.
  6. Force Majeure. When a period of time is provided in this Agreement for either party to do or perform any act or thing, the party shall not be liable or responsible for any delays due to strikes, lockouts, casualties, acts of God, wars, governmental regulation or control, and other causes beyond the reasonable control of the party, and in any such event the time period shall be extended for the amount of time the party is so delayed.
  7. No Broker. The City warrants to CCAC and CCAC warrants to the City that no broker or finder (a) introduced the City to the Premises, (b) assisted the City in the negotiation of this Agreement, or (c) dealt with the City on the City's behalf in connection with the Premises or this Agreement. Under no circumstances shall the City make any payments due hereunder to any broker(s) or to the Landlord under the Master Sub-Lease.
  8. Federal Funding. The City's financial obligations under this Agreement are payable in part from funds when made available from the Federal Government. As a result, if the City defaults in the payment of any sums required to be paid under this Agreement, the sole remedy of CCAC shall be for possession of the demised Premises sixty (60) days from written notice from the City. In the event this clause is triggered, the City shall nonetheless be responsible for its pro-rated share of the Proportionate Rent and Proportionate Utilities and Taxes up to and inclusive of the last day of the City's occupancy of the Premises.
  9. Amendments. From time to time, the parties hereto may administratively amend this Agreement with respect to any provisions reasonably related to the City's use of the Premises and/or CCAC's administration of said Agreement.   Provided, however, that such
 
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amendment(s) shall not serve to extend the Term hereof nor serve to otherwise materially alter the essential provisions contained herein. Such amendment(s) shall be in writing, shall establish the factual background necessitating such alteration, shall set forth the terms and conditions of such modification, and shall be duly executed by both CCAC and the City. Such amendment(s) shall only take effect upon execution by both parties. Upon execution, such amendment(s) shall become a part of this Agreement and all other provisions of this Agreement shall otherwise remain in full force and effect.
  1. No Claims from Prior Usage. City and CCAC acknowledge and agree that the City has occupied the Premises by prior mutual agreement ofthe parties. City and CCAC each acknowledge and agree that the other party has performed all prior obligations, if any, and that neither party has any claims against the other with respect to such prior use.
  2. Parking Lots. The Building includes an accessory parking lot located at 2401 South Kedzie Avenue (the "East Lot"). The City shall have access to the parking located on the southern tier of parking spots located on the East Lot on a first come first served basis. The City shall comply with any parking rules and regulations in place on the Commencement Date or thereafter promulgated in writing by CCAC for the East Lot.
  3. No Construction against Preparer. This Agreement shall not be interpreted in favor of either the City or CCAC. City and CCAC acknowledge that both parties participated fully in the mutual drafting of this Agreement.
 
SECTION 11. ADDITIONAL RESPONSIBILITIES OF CCAC
  1. Plumbing. CCAC shall maintain (or shall require the Landlord to maintain) plumbing in good operable condition.
  2. Engineering Services. CCAC shall provide, at CCAC's expense (or shall require the Landlord to provide at Landlord's expense), any and all engineering service for maintenance of the exterior and interior of the Premises, including all structural, mechanical and electrical components. Engineering service as used herein shall not be construed to mean cleaning, washing, or sweeping of any kind, or moving of furniture, but shall refer strictly to service for the maintenance of the physical plant.
  3. Air-Conditioning. CCAC shall provide (or shall require the Landlord to provide) air-conditioning to the Premises whenever air-conditioning shall be necessary and/or required for the comfortable occupancy of the Premises. CCAC shall maintain (or shall require the Landlord to maintain) the plant and equipment in good operable condition, excluding damage caused by acts of vandalism from the City or any of its agents or clients.
  4. Heat. City shall reimburse CCAC for utilities for heat charges pursuant to Section 3.5 hereinabove. CCAC shall maintain (or shall require the Landlord to maintain) the plant and equipment in good operable condition, excluding damage caused by acts of vandalism from the City or any of its agents or clients.
 
 
 
 
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  1. Fire Extinguishers. CCAC shall provide and maintain (or shall require the Landlord to provide and maintain) required fire extinguishers on the Premises as all times. CCAC will not be responsible for vandalized or stolen fire extinguishers.
  2. Smoke Detectors. CCAC shall provide and maintain (or shall require the Landlord to provide and maintain) smoke detectors on the Premises as all times. CCAC will not be responsible for vandalized or stolen smoke detectors.
  3. Security. CCAC shall pay provide security for the Building. City may elect to provide security for the Premises at City's cost.
  4. Pest Control and Scavenger Services. CCAC shall provide and pay (or shall require the Landlord to provide and pay) for pest control and scavenger service when necessary. Any hazardous waste or materials generated by the City must be disposed of by the City at the City's costs and in accordance with all applicable Law.
  5. Snow Removal. CCAC shall provide and pay (or shall require the Landlord to provide and pay) for prompt removal of snow and ice from the East Lot and the sidewalks which immediately abut the Building and the East Lot at no cost to the City.
  6. Economic Disclosure Statement Affidavit Updates. Throughout the Term (and during any Holding Over), CCAC shall provide the City with any material updates to the information previously submitted in CCAC's Economic Disclosure Statement Affidavit. The City may also request such updates from time to time. The City reserves the right to withhold payments under this Agreement in the event CCAC fails to provide such updates.
 
SECTION 12. ADDITIONAL RESPONSIBILITIES OF CITY
  1. Custodial Services. The City shall provide and pay for nightly custodial services which shall be construed as cleaning, washing, emptying wastepaper baskets, and sweeping of any kind. The City and CCAC acknowledge that CCAC custodians shall clean the shared restroom located on the second floor.
  2. City Signage. The City reserves the right to install, at City's costs, an appropriate sign on the front exterior of the Premises and the Building provided that it complies with the Law. At City's cost, the City shall properly maintain such signage. Upon termination of this Agreement or term lapse, the City will remove its signage at cost to the City.
  3. Condition upon Termination. Upon the termination of this Agreement, the City shall surrender the Premises to CCAC in a comparable condition to the condition of the Premises at the Commencement Date, with acceptable normal wear and tear. The City covenants that CCAC's maintenance obligations only apply to normal wear and tear and do not cover damages attributable to the City's, or the City's agents or clients, acts of vandalism or negligence.
  4. CCAC Signage. During the last six (6) months of Agreement term, the City will allow CCAC to place upon Premises notices of rental signs not to exceed 2' x 2' in size.
 
 
 
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  1. Illegal Activity. The City, or any of its agents or employees, shall not perform or permit any practice that is injurious to the Premises or unreasonably disturbs other tenants of the Building, is illegal, or increases the rate of insurance on the Premises or the Building.
  2. Hazardous Materials. The City shall keep out of the Premises materials which cause a fire hazard or safety hazard and comply with reasonable requirements of CCAC's fire insurance carrier, not destroy, deface, damage, impair, nor remove any part of the Premises or facilities, equipment or appurtenances, thereto. Any hazardous waste or materials generated by the City must be disposed of by the City at the City's costs and in accordance with all applicable Law.
  3. Repairs for City Negligence, Vandalism, or Misuse. The City shall assume all responsibility for any repairs to the Premises or common areas necessitated by the negligence, vandalism, or intentional misuse of the Premises, common areas, or equipment therein by the City's employees, invitees, agents, or contractors. CCAC shall notify the City in writing of such damage. At the City's option, the City may perform such repairs with the City's service providers at the City's sole cost without further setoff or deduction. In the alternative, the City may direct CCAC in writing to perform said repairs subject to full reimbursement to CCAC of all costs associated with such repairs excluding any overhead and/or profit. Any repairs to the Premises effectuated by CCAC under this section shall only be performed by CCAC upon written approval from the Commissioner ofthe Department of Fleet and Facility Management. Repairs made without said written approval and concurrent Notice to Proceed from the Commissioner of the Department of Fleet and Facility Management shall not be reimbursable to CCAC.
  4. Vending Machines. The City reserves the right to place vending machines within the Premises and derive revenue therefrom. The City, or the City's contractor, shall maintain such vending machines in accordance with all applicable Law.
  5. Biometrics Machine. The City shall be responsible for the maintenance of any biometrics machine or other employee tracking devices that the City may elect to install within the Premises.
  6. Waiting Room Furniture. The City and CCAC acknowledge that the large waiting area on the 2nd floor of the Building is shared by clients of the City, CCAC, and other CCAC agencies (including Westside Health Partnership). The City and CCAC acknowledge that the furniture located within the large waiting area on the 2nd floor of the Building is owned by CCAC.
  7. Building Rules. City shall comply with all reasonable rules and regulations in place on the Commencement Date or thereafter promulgated in writing by CCAC for use or access to the Building.
 
SECTION 13. CCAC DISCLOSURES AND AFFIRMATIONS
 
13.1 Business Relationships. CCAC acknowledges (a) receipt of a copy of Section 2-156-030 (b) of the Municipal Code of Chicago, (b) that it has read such provision and
 
 
 
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understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other the City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156-080 of the Municipal Code of Chicago), or to participate in any discussion in any City Council committee 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, and (c) notwithstanding anything to the contrary contained in this Agreement, that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direction of such official, with respect to any transaction contemplated by this Agreement shall be grounds for termination of this Agreement and the transactions contemplated hereby. CCAC hereby represents and warrants that no violation of Section 2-145-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby.
  1. Patriot Act Certification. CCAC represents and warrants that neither CCAC nor any Affiliate (as hereafter defined) thereof is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable Laws: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. As used in this Section, an "Affiliate" shall be deemed to be a person or entity related to CCAC that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with CCAC, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise.
  2. Prohibition on Certain Contributions-Mayoral Executive Order No. 2011-4. CCAC agrees that CCAC, any person or entity who directly or indirectly has an ownership or beneficial interest in CCAC of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, CCAC's contractors (i.e., any person or entity in direct contractual privity with CCAC regarding the subject matter of this Agreement) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (CCAC and all the other preceding classes of persons and entities are together the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (a) after execution of this Agreement by CCAC, (b) while this Agreement or any Other Contract (as hereinafter defined) is executory, (c) during the term of this Agreement or any Other Contract, or (d) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated. This provision shall not apply to contributions made prior to May 16, 2011, the effective date of Executive Order 2011-4.
 
CCAC represents and warrants that from the later of (a) May 16, 2011, or (b) the date the City approached CCAC, or the date CCAC approached the City, as applicable, regarding the
 
 
 
 
12
 
 
LEASE NO. 10081
 
formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.
 
CCAC agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee.
 
CCAC agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4.
 
Notwithstanding anything to the contrary contained herein, CCAC agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this Agreement or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including, without limitation, termination for default) under this Agreement, and under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.
 
If CCAC intentionally violates this provision or Mayoral Executive Order No. 2011-4 prior to the Closing, the City may elect to decline to close the transaction contemplated by this Agreement.
 
For purposes of this provision:
  1. "Bundle" means to collect contributions from more than one source, which contributions are then delivered by one person to the Mayor or to his political fundraising committee.
  2. "Other Contract" means any other agreement with the City to which CCAC is a party that is (i) formed under the authority of Chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or sub-lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council.
  3. "Contribution" means a "political contribution" as defined in Chapter 2-156 ofthe Municipal Code of Chicago, as amended.
 
(d)      Individuals are "domestic partners" if they satisfy the following criteria:
(i)    they are each other's sole domestic partner, responsible for each other's
common welfare; and
 
 
 
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LEASE NO. 10081
    1. neither party is married; and
  2. the partners are not related by blood closer than would bar marriage in the State of Illinois; and
  3. each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and
    1. two of the following four conditions exist for the partners:
  1. The partners have been residing together for at least 12 months.
  2. The partners have common or joint ownership of a residence.
  3. The partners have at least two ofthe following arrangements:
    1. joint ownership of a motor vehicle;
    2. joint credit account;
    3. a joint checking account;
    4. a sub-lease for a residence identifying both domestic partners as Landlords.
  2. Each partner identifies the other partner as a primary beneficiary in a will.
 
(e)     "Political   fundraising   committee"   means   a  "political fundraising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
 
13.4 Waste Ordinance Provisions. In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, CCAC warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 ofthe Municipal Code (the "Waste Sections"). During the period while this Agreement is executory, CCAC's, any general contractor's or any subcontractor's violation of the Waste Sections, whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation of the Commissioner of the Department of Fleet and Facility Management. Such breach and default entitles the City to all remedies under the Agreement, at law or in equity. This section does not limit CCAC's, general contractor's and its subcontractors' duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Agreement. Non-compliance with these terms and conditions may be used by the City as grounds for the termination of this Agreement, and may further affect CCAC's eligibility for future contract awards.
 
 
 
 
 
14
 
 
LEASE NO. 10081
  1. Failure to Maintain Eligibility to do Business with City. Failure by CCAC or any controlling person (as defined in Section 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibility to do business with the City of Chicago as required by Section 1-23-030 of the Municipal Code of Chicago shall be grounds for termination of this Agreement and the transactions contemplated thereby. CCAC shall at all times comply with Section 2-154-020 of the Municipal Code of Chicago.
  2. Cooperation with Inspector General and Legislative Inspector General. It is the duty of every officer, employee, department, agency, contractor, subcontractor, user of real property and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the City's Legislative Inspector General and with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapters 2-55 and 2-56, respectively, ofthe Municipal Code of Chicago. CCAC understands and will abide by all provisions of Chapters 2-55 and 2-56 of the Municipal Code of Chicago.
  3. 2011 City Hiring Plan Prohibitions.
  1. The City is subject to the June 24, 2011 "City of Chicago Hiring Plan" (the "2011 City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the 2011 City Hiring Plan prohibits the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.
  2. CCAC is aware that City policy prohibits City employees from directing any individual to apply for a position with CCAC, either as an employee or as a subcontractor, and from directing CCAC to hire an individual as an employee or as a subcontractor. Accordingly, CCAC must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by CCAC under this Agreement are employees or subcontractors of CCAC, not employees of the City of Chicago. This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by CCAC.
  3. CCAC will not condition, base, or knowingly prejudice or affect any term or term or aspect to the employment of any personnel provided under this Agreement, or offer employment to any individual to provide services under this Agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Agreement, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.
  4. In the event of any communication to CCAC by a City employee or City official in violation of Section 13.7(H) above, or advocating a violation of Section 13.7(iii) above, CCAC
 
 
 
15
 
 
LEASE NO. 10081
 
will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section of the City's Office ofthe Inspector General ("IGO Hiring Oversight"), and also to the head of the relevant City Department utilizing services provided under this Agreement. CCAC will also cooperate with any inquiries by IGO Hiring Oversight related to the contract.
 
 
 
 
 
 
 
 
 
 
 
 
 
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
16
I
 
LEASE NO. 10081
 
IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and year first above written.
 
 
SUBLESSOR:
 
CATHOLIC CHARITIES OF THE ARCHDIOCESE OF CHICAGO,
an Illinois Not-for-Profit Corporation
By:      
Name:      
Title:      
 
 
SUBLESSEE:
 
CITY OF CHICAGO,
an Illinois Municipal Corporation and Home Rule Unit of Government
 
DEPARTMENT OF FLEET AND FACILITY MANAGEMENT
 
 
By:      
Commissioner
 
 
DEPARTMENT OF PUBLIC HEALTH
 
 
By:      
Commissioner
 
 
APPROVED AS TO FORM AND LEGALITY: BY: THE DEPARTMENT OF LAW
 
 
By:      
Deputy Corporation Counsel
 
 
 
 
 
 
17
 
 
2400 South Kedzie Avenue 2310 West Roosevelt Road 1643 West Cermak Road 11255 South Michigan Avenue Department of Public Health
 
 
SECTION 2: This Ordinance shall be effective from and after the date of its passage and approval.
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
 
SECTION I - GENERAL INFORMATION
 
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
 
The Catholic Bishop of Chicago
 
Check ONE ofthe following three boxes:
 
Indicate whether the Disclosing Parly submitting this EDS is:
  1. [ ] the Applicant
OR
  1. [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:      
OR
3.      [x] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control: As corporation sole of Catholic charities
of the Archdiocese of Chicago
B. Business address of the Disclosing Party:      835 n. Rush street      
Chicago,   Illinois 60611              
 
C   Telephone"    312-534-8157      Fax' 312-534-8302      Email' bbohlen@archchicago.org
  1. Name of contact person:     Betsy Bohlen      
/
  1. Federal Employer Identification No. (if you have one): _[      
 
F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, ifapplicable):
Sublease of 1643 W. Cermak Rd, Chicago; 2310 W. Roosevelt Rd, Chicago; 2400 S. Kedzie Ave, Chicago;  and 11255 S.  Michigan Ave.
 
G. Which City agency or department is requesting this EDS?  Department of Fleet and Management
 
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
 
Specification #      and Contract #      
 
Ver. 01-01-12
 
 
 
Page 1 of 13
 
 
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
 
A. NATURE OF THE DISCLOSING PARTY
 
I. Indicate the nature ofthe Disclosing Person
Publicly registered business corporation Privately held business corporation Sole proprietorship General partnership Limited partnership
Trust
Party:
[ ] Limited liability company [ ] Limited liability partnership [] Joint venture [ ] Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
[ ] Yes      [ ] No
[x] Other (please specify)
Illinois Corporation Sole
 
 
2.   For legal entities, the slate (or foreign country) of incorporation or organization, ifapplicable:
 
Illinois
 
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
 
[JYes
[]No
 
[x] N/A
 
 
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
 
1.   List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
 
Name Title
Since the Catholic Bishop of Chicago  ("CBC")   is a corporation sole,  it does not have officers and directors and it does not have any members.  The CBC is a corporation in good standing in the State of Illinois.  Its Secretary of State file number is 55013179.    Francis Cardinal George,  O.M.I,  is the Archbishop of Chicago.
 
2.   Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
 
Page 2 of 13
 
 
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
 
Name      Business Address      Percentage Interest in the
Disclosing Party
N/A
 
 
 
 
 
 
 
SECTION III -- BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
 
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
 
[ ] Yes      [x] No
 
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
 
 
 
 
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
 
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
 
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
 
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
 
 
 
 
 
Page 3 of 13
 
 
Name (indicate whether     Business       Relationship to Disclosing Party   Fees (indicate whether
retained or anticipated       Address       (subcontractor, attorney,      paid or estimated.) NOTE:
to be retained)      lobbyist, etc.)      "hourly rate" or "t.b.d " is
not an acceptable response.
N/A
 
 
 
 
 
(Add sheets if necessary)
[XJ Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
  1. COURT-ORDERED CHILD SUPPORT COMPLIANCE
 
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
 
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
 
[ ] Yes      [ ] No      P] No person directly or indirectly owns 10% or more ofthe
Disclosing Party.
 
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
 
[ ] Yes      [ ] No
  1. FURTHER CERTIFICATIONS
 
1.   Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
 
 
Page 4 of 13
 
 
2. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.l. of this EDS:
  1. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
  2. have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
  3. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in clause B.2.b. of this Section V;
  4. have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
  5. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
 
3.   The certifications in subparts 3, 4 and 5 concern:
  • the Disclosing Party;
  • any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
  • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
  • any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
 
 
Page 5 of 13
 
 
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
    1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any agency ofthe federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
    2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement 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 a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
  2. violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
  1. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (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.
  2. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
  3. The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.
  4. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
With respect to Section V(B)(2)(3),  The CBC is a party to a consent decree that was entered in in 2008 with the IL Dept of Public Health,  Case No.   08CH33094,  and that pertains to alleged violation of the Illinois Asbestos Abatement Act,  the IL Asbestos Management regulations and federal AHERA regulations.  In addition,  the CBC is and has been party in various adminstrative
and judicial proceedings involving building,   fire and other code violations at various      
properties owned by it.  These cases are generally dismissed after there has been full
rnmpl i rdc-p      
 
 
Page 6 of 13
 
 
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
 
8.   To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none"). None.
 
 
 
9.   To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
None.
 
 
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
  1. The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is      |x] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
  1. If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the 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 ofthe Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe privilege of doing business with the City."
 
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in
Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter
2-32 of the Municipal Code, explain here (attach additional pages if necessary): None .
 
 
 
Page 7 of 13
 
 
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
 
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
 
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
  1. In accordance with Section 2-156-110 ofthe Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes      [x] No
 
NOTE:  If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.L, proceed to Part E.
  1. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any 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 pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
 
Does the Matter involve a City Property Sale?
 
[ ] Yes      [ ] No
  1. If you checked "Yes" to Item D.L, 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
 
 
 
 
 
 
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
 
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
 
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
 
 
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
 
x   1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
 
      2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
 
 
 
 
 
 
 
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
 
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
 
A. CERTIFICATION REGARDING LOBBYING
 
1.   List below the names of all persons or entities registered under the federal Lobbying
Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with
respect to the Matter: (Add sheets if necessary): None.
 
 
 
 
(If no 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 Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
 
2.   The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, 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 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.
Page 9 of 13
 
  1. The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy ofthe statements and information set forth in paragraphs A.l. and A.2. above.
  2. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
  3. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
 
 
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
 
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes      [x] No
If "Yes," answer the three questions below:
  1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes      [ ] No
  1. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes      [ ] No
  1. Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes      [ ] No
 
If you checked "No" to question 1. or 2. above, please provide an explanation:
 
 
 
 
Page 10 of 13
 
 
SECTION VII- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
 
The Disclosing Party understands and agrees that:
  1. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
  2. The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/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 Disclosing Party must comply fully with the applicable ordinances.
  1. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
  2. It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
 
E.      The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a
contract being handled by the City's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-1 54-020 of the Municipal Code.
 
The Disclosing Party represents and warrants that:
 
Page 11 of 13
 
F.l.    The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor arc the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
 
F.2     If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parlies List System ("EPLS") maintained by the U. S. General Services Administration.
 
F.3     If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
 
NOTE: If the Disclosing Party cannot certify as to any of the items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.
 
CERTIFICATION
 
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (ifapplicable) are true, accurate and complete as ofthe date furnished to the City.
The Catholic Bishop of Chicago (Print or type name of Disclosing Party)
 
 
 
 
 
 
(Sign here)
Betsy Bohlen (Print or type name of person signing)
 
Director of Finance
(Print or type title of person signing)
 
 
Signed and sworn to before me on (date) -Tun* IQi Abi^
at   finnl      County,   J3/mo/S (state).
 
 
torn
 
Notary Public.
 
Commission expires:_
 
Page 12 of 13
 
MAUREEN A. MURPHY
OFFICIAL SEAL Notary Public - Stale o( Mnota My CommlMkxi Expires Auju«t 14, g°1B
 
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
 
 
 
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
 
 
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
 
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
 
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
 
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
 
[ ] Yes      [x] No
 
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
 
 
 
 
 
 
 
 
 
 
 
Page 13 of 13
 
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
 
SECTION I - GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ ifapplicable: Catholic Charities ofthe Archdiocese of Chicago
 
Check ONE ofthe following three boxes:
 
Indicate whether the Disclosing Party submitting this EDS is:
  1. fX] the Applicant
OR
  1. [] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:      
OR
3.      [ ] a legal entity with a right of control (see Section LT.B.1.) State the legal name of the entity in
which the Disclosing Party holds a right of control:      
 
B. Business address ofthe Disclosing Party:      721 N. LaSalle Street, Chicago, IL 60654      
  1. Telephone:  312-655-7538      Fax: 312-654-0849      Email: mbianchi@catholiccriarities.net
  2. Name of contact person:   Michele Bianchi, Esq.      
" j
  1. Federal Employer Identification No. (if you have one):      
  2. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Sublease of 1643 W. Cermak Rd, Chicago; 2310 W. Roosevelt Rd, Chicago; 2400 S. Kedzie Ave, Chicago; and
11255 S. Michigan Ave, Chicago.            
 
G. Which City agency or department is requesting this EDS? Pept of Fleet and Management      
 
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
 
Specification #      and Contract #      
 
Ver. 01-OJ-12
 
 
 
Page 1 of 13
 
 
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF THE DISCLOSING PARTY
 
1.   Indicate the nature of the Disclosing Party:
]      Person      [ ]
]      Publicly registered business corporation      [ ]
]      Privately held business corporation      [ ]
]      Sole proprietorship      [>$
]      General partnership      (Is
]      Limited partnership
]      Trust      []
 
Limited liability company Limited liability partnership Joint venture
Not-for-profit corporation
the not-for-profit corporation also a 501(c)(3))?
[X] Yes      [ ] No
Other (please specify)
 
 
2.   For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Illinois
 
3.   For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
 
[ ] Yes      [ ] No      [ ] N/A
 
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
 
1.   List below the full names and titles of all executive officers and all directors ofthe entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf. There is one member, the Catholic Bishop, a Corporation Sole. Name Title
Rev. Msgr. Michael M. Boland       Administrator, President and CEO      
Charles W. Mulaney, Jr. Chairman
Timothy J. Rivelli      Vice Chairman
David K. McHugh Treasurer Michael Y. Scudder, Jr. Secretary
Cynthia D. Smetana      Asst. Treasurer and Asst. Secretary
2.   Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
 
Page 2 of 13
 
 
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
 
Name      Business Address      Percentage Interest in the
Disclosing Party
N/A
 
 
 
 
 
 
 
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
 
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
 
[ ] Yes      p3 No
 
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
 
 
 
 
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
 
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
 
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
 
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
 
 
 
 
 
Page 3 of 13
 
 
Name (indicate whether     Business       Relationship to Disclosing Party   Fees (indicate whether
retained or anticipated       Address       (subcontractor, attorney,      paid or estimated.) NOTE:
to be retained)      lobbyist, etc.)      "hourly rate" or "t.b.d." is
not an acceptable response.
N/A       
 
 
 
 
 
(Add sheets if necessary)
DJ Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V -- CERTIFICATIONS
  1. COURT-ORDERED CHILD SUPPORT COMPLIANCE
 
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
 
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
 
[ ] Yes      [ ] No      $Q No person directly or indirectly owns 10% or more of the
Disclosing Party. .
 
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
 
[ ] Yes      [ ] No
  1. FURTHER CERTIFICATIONS
 
1.   Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if tbe Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
 
 
Page 4 of 13
 
 
2. The Disclosing Party and, if the Disclosing Parly is a legal entity, all of those persons or entities identified in Section 1LB.1. of this EDS:
  1. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
  2. have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud;, embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
  3. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in clause B.2.b. of this Section V;
  4. have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
  5. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
 
3.   The certifications in subparts 3, 4 and 5 concern:
  • the Disclosing Party;
  • any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
  • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
  • any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
 
 
Page 5 of 13
 
 
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
  1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
  2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement 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 a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
  4. violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
  1. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (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.
  2. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
  3. The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.
  4. If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
 
 
 
 
 
 
 
 
Page 6 of 13
 
 
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
 
8.   To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
N/A      
 
 
 
9.   To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
N/A
 
 
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
  1. The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is      [X] is not
a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.
  1. If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the 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."
 
If the Disclosing Party 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):
N/A       
 
 
 
Page 7 of 13
 
 
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
 
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
 
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
  1. In accordance with Section 2-156-110 ofthe Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes      [X] No
 
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
  1. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any 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 ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest "within the meaning of this Part D.
 
Does the Matter involve a City Property Sale?
 
[ ] Yes      [ ] No
  1. If you checked "Yes" to Item D.L, provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:
 
Name      Business Address      Nature of Interest
 
 
 
 
 
 
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
 
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
 
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
 
 
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
 
X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued lo slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
 
      2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
 
 
 
 
 
 
SECTION VI -- CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
 
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City arc not federal funding.
 
A. CERTIFICATION REGARDING LOBBYING
 
1.  List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
 
 
 
 
 
(If no 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 Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
 
2.  The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. 1. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, 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 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.
Page 9 of 13
 
  1. The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy ofthe. statements and information set forth in paragraphs A.l. and A.2. above.
  2. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
  3. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
 
 
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
 
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes      [ ] No
If "Yes," answer the three questions below:
*
  1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes      [ ] No
  1. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes      [ ] No
  1. Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes      [ ] No
 
If you checked "No" to question 1. or 2. above, please provide an explanation:
 
 
 
 
Page 10 of 13
 
 
SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
 
The Disclosing Parly understands and agrees thai:
  1. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
  2. The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/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 Disclosing Party must comply fully with the applicable ordinances.
  1. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
  2. It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
 
E.      The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a
contract being handled by the City's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
 
The Disclosing Party represents and warrants that:
 
Page 11 of 13
 
 
F.l.    The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
 
F.2     If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
 
F.3    If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.L and F.2. 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 Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
 
NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.
 
CERTIFICATION
 
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Catholic Charities of the Archdiocese of Chicago (Print or type name of Disclosing Party)
 
By:      A <**J-^-—^      
(Sign here)
Rev. Msgr. Michael M. Boland (Print or type name of person signing)
Administrator, President and CEO (Print or type title of person signing)
 
Signed and sworn to before me on (date)
at
County,  XV// no/j (state).
 
      Notary Public.
 
Commission expires: //-/V-JLO/^?
•-T — *» r ~ "~
OFFICIAL SEAL EDNA TORRES Notary Public • Sttte ot Illinois My Commission Expire* Nov 14.2016 9 m> w w
 
 
Page 12 of 13
 
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
 
 
 
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
 
 
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
 
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
 
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section U.B.l.a., if the Disclosing Party is a corporation; all partners ofthe Disclosing Party, if tbe Disclosing Party is a general partnership; all general partners and limited partners ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
 
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
 
[ ] Yes      [X] No
 
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is coimected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
 
 
 
 
 
 
 
 
 
 
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