OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT MAYOR
February 1,2023
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request ofthe Commissioner of Planning and Development, I transmit herewith an ordinance authorizing the execution of an agreement with Ebenezer Missionary Baptist Church to provide an Adopt-a-Landmark fund.
Your favorable consideration ofthis ordinance will be appreciated.
Very truly your
ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government by_virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, Section 17-4-1000 ofthe Chicago Zoning Ordinance (the "Downtown Bonus Ordinance") authorizes the City to award floor area bonuses to projects located in "D" districts in return for a financial contribution to the City ("Bonus Payment"); and
WHEREAS, the Bonus Payment is deposited into three funds: (i) the Neighborhood Opportunity Fund, (ii) the Citywide Adopt-a-Landmark Fund (which receives 10% of each Bonus Payment), and (iii) the Local Impact Fund; and
WHEREAS, the purpose of the Citywide Adopt-a-Landmark Fund is to finance landmark restoration projects; and
WHEREAS, pursuant to Section 17-4-1006-C-4 of the Chicago Zoning Ordinance, the City Department of Planning and Development (the "Department") developed a list of funding priorities for the award of grants under the Citywide Adopt-a-Landmark Fund ("Funding Priorities"); and
WHEREAS, on May 27, 2021, the Department announced that it was accepting applications for landmark restoration projects; and
WHEREAS, the Department received seventeen (17) applications, five (5) of which were eliminated because they did not satisfy the eligibility criteria (for example, the subject building is not a designated landmark); and
WHEREAS, the Department evaluated the applications based on the Funding Priorities, and determined that the application submitted by Ebenezer Missionary Baptist Church, an Illinois not-for-profit corporation ("Landmark Owner"), was one of the applications that best satisfied the Funding Priorities; and
WHEREAS, by ordinance adopted on June 28, 2011, the City Council of the City (the "Citv Council") designated the Ebenezer Missionary Baptist Church Building (the "Landmark Building") a Chicago Landmark; and
WHEREAS, the Landmark Building is located at 4501 S. Vincennes Avenue in Chicago;
and
WHEREAS, the Landmark Building requires certain preservation work, including masonry, roofing and gutter work (the "Project"); and
WHEREAS, on September 8, 2022, the Commission on Chicago Landmarks ("CCL") approved the Project, subject to certain "Conditions of Approval," and recommended the use of bonus funds for the Project; and
WHEREAS, the Project satisfies the requirements of Sec. 17-4-1006-C of the Chicago Zoning Ordinance with respect to authorized uses of the Citywide Adopt-a-Landmark Fund; and
WHEREAS, the Department wishes to award the Landmark Owner a grant in the amount of $900,000 from funds deposited in the Citywide Adopt-a-Landmark Fund (the "Grant Funds") to undertake the Project; and
WHEREAS, Landmark Owner desires to accept the Grant Funds and perform the Project in accordance with this Agreement; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
SECTION 2. The grant of Grant Funds to the Landmark Owner in an amount not to exceed Nine Hundred Thousand Dollars ($900,000) is hereby approved. This approval is expressly conditioned upon the City entering into an Adopt a Landmark Floor Area Bonus Agreement with the Landmark Owner substantially in the form attached hereto as Exhibit 1 and made a part hereof (the "AAL Agreement"). The Commissioner of the Department, or any successor department thereto ("Commissioner"), or a designee of the Commissioner, is each hereby authorized, with the approval of the City's Corporation Counsel as to form and legality, to negotiate, execute and deliver the AAL Agreement, and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the AAL Agreement, with such changes, deletions and insertions as shall be approved by the persons executing such AAL Agreement.
SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 4. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall take effect immediately upon its passage and approval.
EXHIBIT 1
ADOPT A LANDMARK (AAL) AGREEMENT (Attached)
ADOPT-A-LANDMARK FLOOR AREA BONUS AGREEMENT
This ADOPT-A-LANDMARK FLOOR AREA BONUS AGREEMENT
("Agreement") is made on or as of the day of , 20 (the "Effective Date"), by
and between the CITY OF CHICAGO, an Illinois municipal corporation and home rule unit of government ("Citv"), acting by and through its Department of Planning and Development (together with any successor department thereto, the "Department"), having its principal offices at City Hall, 121 North LaSalle Street, Chicago, Illinois 60602, the COMMISSION ON CHICAGO LANDMARKS ("CCL"), having its principal offices at 121 North LaSalle Street, Room 1101, Chicago, Illinois 60602, and Ebenezer Missionary Baptist Church, an Illinois not-for-profit corporation (the "Landmark Owner"), whose principal place of business is located at 4501 S. Vincennes Avenue, Chicago, Illinois 60653.
RECITALS
WHEREAS, Section 17-4-1000 of the Chicago Zoning Ordinance (the "Downtown Bonus Ordinance") authorizes the City to award floor area bonuses to projects located in "D" districts in return for a financial contribution to the City ("Bonus Payment"); and
WHEREAS, the Bonus Payment is deposited into three funds: (i) the Neighborhood Opportunity Fund, (ii) the Citywide Adopt-a-Landmark Fund (which receives 10% of each Bonus Payment), and (iii) the Local Impact Fund; and
WHEREAS, the purpose of the Citywide Adopt-a-Landmark Fund is to finance landmark restoration projects; and
WHEREAS, pursuant to Section 17-4-1006-C-4 ofthe Chicago Zoning Ordinance, the Department developed a list of funding priorities for the award of grants under the Citywide Adopt-a-Landmark Fund ("Funding Priorities"); and
WHEREAS, on May 27, 2021, the Department announced that it was accepting applications for landmark restoration projects; and
WHEREAS, the Department received seventeen (17) applications, five (5) of which were eliminated because they did not satisfy the eligibility criteria (for example, the subject building is not a designated landmark); and
WHEREAS, the Department evaluated the applications based on the Funding Priorities, and determined that the Landmark Owner's application was one of the applications that best satisfied the Funding Priorities; and
WHEREAS, by ordinance adopted on June 28, 2011, the City Council ofthe City (the "Citv Council") designated the Ebenezer Missionary Baptist Church Building (the "Landmark Building") a Chicago Landmark; and
WHEREAS, the Landmark Building is located at 4501 S. Vincennes Avenue in Chicago (the "Landmark Property," as described on Exhibit A hereto); and
WHEREAS, the Landmark Building requires certain preservation work, as described in the scope of work ("Project Scope of Work") and budget ("Project Budget") attached hereto as part of Exhibit B (such work, the "Project"); and
WHEREAS, on September 8, 2022, the Commission on Chicago Landmarks ("CCL") approved the Project subject to the "Conditions of Approval" attached hereto as part of Exhibit B, and recommended the use of bonus funds for the Project (the "Project Resolution"); and
WHEREAS, the Project satisfies the requirements of Sec. 17-4-1006-C of the Chicago Zoning Ordinance with respect to authorized uses of the Citywide Adopt-a-Landmark Fund; and
WHEREAS, the Department wishes to award the Landmark Owner a grant in the amount of $900,000 from funds deposited in the Citywide Adopt-a-Landmark Fund (the "Grant Funds") to undertake the Project; and
WHEREAS, Landmark Owner desires to accept the Grant Funds and perform the Project in accordance with this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND DEFINITIONS.
The recitals set forth above constitute an integral part of this Agreement and are incorporated herein by this reference with the same force and effect as if set forth herein as agreements of the parties.
"Advance" shall have the meaning set forth in Section 4.5(a) below.
"Applicable Laws" means all federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, as well as all policies, programs and procedures of the CCL, as may be in effect from time to time, pertaining to or affecting the Landmark Building, the Landmark Property and the Project.
"Commissioner" means the Commissioner of the Department of Planning and Development.
"Construction Contract" is defined in Section 2.
"Contractor" means
"Escrow Agent" means .
"Governmental Approvals" means all necessary building permits and other governmental approvals for the Project.
"Project Budget" means the budget for the Project attached hereto as part of Exhibit B.
"Project Construction Schedule" means the construction schedule attached hereto as Exhibit C.
SECTION 2. PERFORMANCE OF THE PROJECT.
Landmark Owner shall complete the Project in accordance with the terms and conditions of this Agreement, all Applicable Laws, the Project Scope of Work, the Project Budget and Conditions of Approval all attached hereto as Exhibit B. Landmark Owner shall timely pay any and all invoices for the performance of the Project.
No material deviation from the Project Scope of Work, Project Budget and Conditions of Approval may be made without the prior written consent of the Department.
Landmark Owner represents and warrants that Contractor is the general contractor for the Project. Landmark Owner shall enter into a contract with the general contractor for the Project (the "Construction Contract") which provides for the completion of the work in accordance with the Project Construction Schedule. Landmark Owner may not modify or amend the Construction Contract (including, but not limited to, change orders) without the prior written consent of the Department, which consent is limited to minor modifications pursuant to the Project Resolution, if such modification or amendment would: (a) reduce the Project Scope of Work set forth in Exhibit B; or (b) materially delay the scheduled completion of the Project past the Project Construction Schedule. Notwithstanding the foregoing, Landmark Owner shall be permitted to allocate any contingency amounts contained in the Project Budget to various other line items in such budget.
In all contracts relating to the Project, the Landmark Owner shall require the general contractor and any subcontractors to name the City as an additional insured on insurance coverages and to require the general contractor and any subcontractors to indemnify the City from all claims, damages, demands, losses, suits, actions, judgments and expenses including but not limited to attorney's fees arising out of or resulting from work on the Project by the general contractor or the general contractor's subcontractors, suppliers, employees, or agents.
Landmark Owner has engaged, to be paid out of the Project Budget at Landmark Owner's sole cost and expense, an independent third-party inspecting architect or engineer,
;_ (the "Third-Party Architect/Engineer"), who or which is hereby approved
by the Department, to ensure on behalf of the City that the Scope of Work is completed as scheduled. The Third-Party Architect/Engineer shall have extensive experience with historic rehabilitation projects and shall act on behalf of the Department to monitor the progress of the construction of the Project. The Third-Party Architect/Engineer and Landmark Owner shall enter into an agreement (the "Project Engineer Agreement"), satisfactory to the Department, which shall require the Third-Party Architect/Engineer or its agent to provide the following services for the Department at Landmark Owner's sole cost and expense:
(a) inspection of all construction work performed by Landmark Owner and its general contractor and any subcontractors, without causing unreasonable interference with or delays in
construction, to assure the Department that the Project is being/has been constructed in compliance with the Project Scope of Work, the final working drawings and specifications for the Project and the terms and provisions of this Agreement;
preparation of monthly field reports on progress of construction;
review of all change orders to determine the construction feasibility of any change order with respect to the Project;
review of all change orders to determine the financial impact of such change orders with respect to the Project Budget and the funds available in escrow or otherwise for the overall construction of the Project;
determination of the adequacy of the funds in escrow or otherwise to pay for the Project; and
providing a certification for the benefit of the City on the form attached hereto as Exhibit F that the construction of the Project complies with the Project Scope of Work and is substantially complete, subject only to the completion of punch list items ("'Conditional Certificate"). The Third-Party Architect/Engineer shall notify the Department of any discrepancies between the Project Scope of Work and the actual construction of the Project. The Department's receipt of the Conditional Certificate shall be a condition precedent to the final disbursement of the Grant Funds to Owner. A representative of the Department shall have the right, but not the obligation, to accompany the Third-Party Architect/Engineer during his or her inspection of the Project.
SECTION 3. BUILDING PERMITS AND OTHER GOVERNMENTAL APPROVALS.
Landmark Owner shall apply for all Governmental Approvals in accordance with the Project Construction Schedule, and covenants and agrees to pursue the Governmental Approvals in good faith and with all due diligence.
SECTION 4. PROJECT BUDGET.
4.1 The current estimate of the cost of the Project is $ 1,187,560. The Landmark Owner has delivered to the Commissioner, and the Commissioner hereby approves, a detailed budget for the Project, which is attached hereto and incorporated herein as Exhibit E (the "Final Project Budget"), and which is materially consistent with the Project Budget approved by the CCL and attached hereto as part of Exhibit B. The Landmark Owner certifies that it has identified sources of funds (including the Grant Funds) sufficient to complete the Project. The Landmark Owner understands and agrees that the City will only contribute the Grant Funds to the Project and that all costs of completing the Project in excess of the Grant Funds shall be the sole responsibility of the Landmark Owner. If the Landmark Owner at any point does not have sufficient funds to complete the Project, the Landmark Owner shall so notify the City in writing, and the Landmark Owner may narrow the scope of the Project as agreed with the City in order to complete the Project.
If Landmark Owner completes the Project with Grant Funds still remaining in the Escrow Account (as defined in Section 4.5(a) below), the Landmark Owner shall have no claim to such remainder, and such remainder shall be returned to the City; provided, however, in the City's sole discretion, the Landmark Owner may submit plans and specifications for additional landmark work to the Commissioner for review and approval, and, if approved, shall perform such additional work to be funded in part by such remainder (pursuant to Section 4.5(a) below).
If requested by the City, the Landmark Owner shall provide to the City quarterly reports on the progress of the Project and reasonable access to its books and records relating to the Project.
During the term hereof the Landmark Owner shall not sell, transfer, convey or otherwise dispose of all or any portion of the Landmark Property or any interest therein, or otherwise effect or consent to a transfer, without the prior written consent ofthe City.
Construction Escrow.
Landmark Owner shall set up a construction escrow account (the "Escrow Account") with the Escrow Agent for the deposit of the Grant Funds. The disbursement of funds from the Escrow Account shall be governed by a construction escrow agreement among the City, the Landmark Owner, and the Escrow Agent, in substantially the form attached hereto as Exhibit G (the "Construction Escrow Agreement"). The Construction Escrow Agreement shall provide, among other things: first, that the Grant Funds and the Landmark Owner's escrowed funds, if any, shall be deposited in full upon opening of the Escrow Account; second, that the Grant Funds and the Landmark Owner's escrowed funds shall be disbursed pro-rata; and, third, that Landmark Owner shall deliver to Escrow Agent and the Third-Party Architect/Engineer from time to time, but not more than once per month, an AIA Application and Certificate for payment (each, a "Draw") completed by or on behalf of Landmark Owner (or other statement in a form reasonably satisfactory to the City) setting forth, among other things, the amount of the funds (such funds being referred to herein as an "Advance") requested in each instance and also including:
the hard and soft cost statements;
a cost certification from the Contractor in a form reasonably satisfactory to the Third-Party Architect/Engineer regarding the work or materials covered by the Draw;
full or conditional, as applicable, lien waivers from all contractors, subcontractors or suppliers who supplied materials or performed work covered by the Draw in form and substance reasonably satisfactory to the Third-Party Architect/Engineer; and
proof of payment of soft costs covered by the previous Draw, in a form reasonably satisfactory to the Third-Party Architect/Engineer.
The Third-Party Architect/Engineer shall review each Draw to confirm work included in such Draw is part of the Project.
Draws must be received by the Third-Party Architect/Engineer at least fifteen (15) business days prior to the date of the requested disbursement of the Advance from the Escrow Account and, if approved, the Third-Party Architect/Engineer will provide written notice to the Escrow Agent to disburse an amount equal to the Advance from the Escrow Account pursuant to the Draw. The failure of the Third-Party Architect/Engineer to approve or disapprove a Draw request within fifteen (15) business days of submission by Landmark Owner shall be deemed a disapproval of such draw request.
The Construction Escrow Agreement shall provide that an interim mechanic's lien endorsement to Landmark Owner's title insurance policy shall be issued with respect to each Draw.
SECTION 5. CONDITIONS TO CITY'S DISBURSEMENT OF GRANT FUNDS.
The obligation of the City to disburse the Grant Funds to the Landmark Owner is contingent upon each of the following conditions being satisfied as of the Effective Date, or on such other date as may be specified below, unless waived in writing by the Commissioner:
Escrow Account. Landmark Owner shall have established the Escrow Account, and the Construction Escrow Agreement shall be in full force and effect.
Governmental Approvals. Landmark Owner shall have obtained all Governmental Approvals.
Construction Contract. Landmark Owner shall have delivered, and the City shall have approved, a true and complete copy of the Construction Contract to the City.
Insurance. Landmark Owner shall have submitted to the City, and the City shall have approved, evidence of insurance required pursuant to Exhibit D.
Representations and Warranties. Each of the representations and warranties of Landmark Owner in this Agreement shall be true and correct.
Resolutions Authorizing Transaction. Landmark Owner shall have delivered to the City resolutions authorizing Landmark Owner to execute and deliver this Agreement, the Construction Escrow Agreement, and any other documents required to complete the transaction contemplated by this Agreement and to perform its obligations under this Agreement, and such other corporate authority and organizational documents as the City may reasonably request.
Proof of Financing. Not less than three (3) months after the Effective Date, Landmark Owner shall have submitted to the Department, and the Department shall have approved, proof reasonably acceptable to the Department that Landmark Owner has equity and/or lender financing in amounts adequate to complete the construction of the Project and satisfy its obligations under this Agreement.
Title. Landmark Owner shall have delivered to the Department a copy of the title insurance policy (or a title report) for the Property, showing Landmark Owner as the named insured (or as the owner of the Property).
Economic Disclosure Statement. Landmark Owner shall have delivered to the Department an Economic Disclosure Statement and Affidavit in the City's then current form, dated as of the Effective Date.
Debt and Scofflaw Check. Landmark Owner shall have submitted to the Department a completed "Principal Profile Form" in the City's then current form for any person holding a direct or indirect ownership interest of more than 7.5% Landmark Owner (or, if Landmark Owner is a not-for-profit entity, any person who is a director or trustee of Landmark Owner), and the City has confirmed that no such person either (a) has any outstanding debt to the City, or if there is any outstanding debt, that all such outstanding obligations have been satisfied, or (b) has been identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal Code.
If any of the conditions in this Section 5 have not been satisfied to the Department's reasonable satisfaction within the time periods provided for herein, or waived by the Department, the Department may, at its option, upon thirty (30) days' prior written notice to Landmark Owner, terminate this Agreement at any time after the expiration of the applicable time period, in which event this Agreement shall be null and void and, except as otherwise specifically provided, neither party shall have any further right, duty or obligation hereunder; provided, however, that if within said thirty (30) day notice period Landmark Owner satisfies said condition(s), then the termination notice shall be deemed to have been withdrawn. Any forbearance by the Department in exercising its right to terminate this Agreement upon a default hereunder shall not be construed as a waiver of such right.
SECTION 6. CITY'S RIGHT TO INSPECT LANDMARK PROPERTY.
For the period commencing on the Effective Date and continuing through the date the City issues the Certificate of Completion (as hereinafter defined), any duly authorized representative of the City shall have access to the Landmark Property at all reasonable times after notice to Landmark Owner for the purpose of determining whether Landmark Owner is constructing the Project in accordance with the terms of this Agreement.
SECTION 7. LIMITED APPLICABILITY.
Any approval given by the Department or CCL pursuant to this Agreement is for the purpose of this Agreement only and does not constitute the approval required by the City's Department of Buildings or any other City department, nor does such Department or CCL approval constitute an approval of the quality, structural soundness or safety of any improvements located or to be located on the Landmark Buildings, or the compliance of said improvements with any laws, private covenants, restrictions of record, or any agreement affecting the Landmark Building.
SECTION 8. COMMENCEMENT AND COMPLETION OF PROJECT.
Subject to the receipt of all applicable Government Approvals, Landmark Owner shall complete the Project in accordance with the Project Construction Schedule. The Commissioner
shall have discretion to extend any of the construction commencement and completion dates for good cause shown by issuing a written extension letter. Landmark Owner shall give written notice to the City within five (5) days after it commences the Project.
SECTION 9. CERTIFICATE OF COMPLETION.
Upon the completion of the Project in accordance with this Agreement, Landmark Owner shall request from the Department a certificate of completion ("Certificate of Completion"). Such request shall include: a summary of the final Project costs, (iii) a then-current summary of Draws and Advances from the Escrow Account for the Project, (iv) photos of the completed Project, (v) copies of all permits, (vi) a letter from the architect of record certifying the Project Scope of Work is complete, and (vii) the Third-Party Architect/Engineer's Conditional Certificate pursuant to Section 2.5(f).
Within thirty (30) days after receipt of a written request for a Certificate of Completion, the Department shall provide Landmark Owner with either the Certificate of Completion or a written statement indicating in adequate detail how Landmark Owner has failed to complete the Project in conformity with this Agreement, or is otherwise in default, and what measures or acts will be necessary for Landmark Owner to take or perform in order to obtain the Certificate of Completion. If the Department requires additional measures or acts to assure compliance, Landmark Owner shall resubmit a written request for the Certificate of Completion upon compliance with the Department's response. The Certificate of Completion shall not constitute evidence that Landmark Owner has complied with any laws relating to the construction of the Project and shall not serve as any "guaranty" as to the quality of the construction.
The Department's issuance of the Certificate of Completion shall be a condition precedent to the final disbursement of the Grant Funds to Owner.
SECTION 10. PERFORMANCE AND BREACH.
Time of the Essence. Time is of the essence in Landmark Owner's performance of its obligations under this Agreement.
Permitted Delays'. Landmark Owner shall not be considered in breach of its obligations under this Agreement in the event of a delay due to unforeseeable causes beyond Landmark Owner's control, and without Landmark Owner's fault or negligence, including, without limitation, acts of God, acts of the public enemy, acts of the United States government, fires, floods, epidemics, quarantine restrictions, strikes, embargoes and unusually severe weather or delays of subcontractors due to such causes. The time for the performance of the obligations shall be extended only for the period of the delay and only if Landmark Owner, within thirty (30) days after the beginning of any such delay, submits to the Commissioner a written request for an extension. As referenced in Section 8, the Commissioner shall have discretion to extend any of the construction commencement and completion dates for good cause shown and shall issue a written extension letter within ten (10) days of receipt of a request for extension.
Cure. If Landmark Owner defaults in the performance of its obligations under this Agreement, Landmark Owner shall have thirty (30) days after written notice of default from the City to cure the default, or such longer period as shall be reasonably necessary (in the sole determination of the Commissioner) to cure such default provided Landmark Owner promptly commences such cure and thereafter diligently pursues such cure to completion (so long as continuation of the default does not create material risk to the Project or to persons using the Project).
Events of Default. The occurrence of any one or more of the following shall constitute an "Event of Default" under this Agreement:
Landmark Owner makes or furnishes a warranty, representation, statement or certification to the City (whether in this Agreement, an Economic Disclosure Statement and Affidavit, or another document) that is not true and correct.
Landmark Owner fails to commence or complete the Project in accordance with the Project Construction Schedule, or Landmark Owner abandons or substantially suspends construction of the Project.
Landmark Owner fails to perform, keep or observe any of the other covenants, conditions, promises, agreements or obligations under this Agreement or any other written agreement entered into with the City with respect to the Project.
Citv Remedies. If an Event of Default occurs and the default is not cured in the time period provided for in Section 10.3 above, the City may terminate this Agreement, and institute any action or proceeding at law or in equity against Landmark Owner.
SECTION 11. CONFLICT OF INTEREST; CITY'S REPRESENTATIVES NOT INDIVIDUALLY LIABLE.
Landmark Owner represents and warrants that no agent, official or employee of the City shall have any personal interest, direct or indirect, in Landmark Owner, this Agreement, the Landmark Property or the Project, nor shall any such agent, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, association or other entity in which he or she is directly or indirectly interested. No agent, official or employee of the City shall be personally liable to Landmark Owner or any successor in interest in the event of any default or breach by the City or with respect to any commitment or obligation of the City under the terms of this Agreement.
SECTION 12. INDEMNIFICATION.
Landmark Owner agrees to indemnify, defend and hold the City harmless from and against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses (including, without limitation, reasonable attorneys' fees and court costs) (collectively, "Losses") suffered or incurred by the City arising from or in connection with: (a) the failure of Landmark Owner to perform its obligations under this Agreement; (b) the failure of Landmark Owner or any
contractor or other agent, entity or individual acting under the control or at the request of Landmark Owner ("Agent") to pay contractors, subcontractors or material suppliers in connection with the construction and management of the Project; (c) any misrepresentation or omission made by Landmark Owner or any Agent of Landmark Owner; (d) the failure of Landmark Owner to redress any misrepresentations or omissions in this Agreement or any other agreement relating hereto; and (e) any activity undertaken by Landmark Owner or any Agent of Landmark Owner on the Landmark Property prior to or after the Effective Date. This indemnification shall survive the expiration or any termination of this Agreement (regardless of the reason for such termination). Landmark Owner acknowledge that the requirements set forth in this Section 12 to indemnify, keep and save harmless and defend the City are apart from and not limited by the insurance requirements under Section 5.
SECTION 13. LANDMARK OWNER'S EMPLOYMENT OBLIGATIONS.
13.1 Landmark Owner agrees, and shall contractually obligate its contractors, subcontractors and any Affiliate (as defined in Section 17) of Landmark Owner (collectively, "Employers" and each individually, an "Employer") to agree, that with respect to the provision of services in connection with the Project:
Neither Landmark Owner nor any Employer shall discriminate against any employee or applicant for employment based upon race, religion, color, sex, gender identity, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income as defined in the City of Chicago Human Rights Ordinance, Section 2-160-010 et seg. of the Municipal Code of Chicago, as amended from time to time (the "Human Rights Ordinance"). Landmark Owner and each Employer shall take affirmative action to ensure that applicants are hired and employed without discrimination based upon the foregoing grounds, and are treated in a non-discriminatory manner with regard to all job-related matters, including, without limitation: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Landmark Owner and each Employer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. In addition, Landmark Owner and each Employer, in all print solicitations or advertisements for employees, shall state that all qualified applicants shall receive consideration for employment without discrimination based upon the foregoing grounds.
Landmark Owner and each Employer shall comply with all federal, state and local equal employment and affirmative action statutes, rules and regulations, including, without limitation, the Human Rights Ordinance, and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (1993), and any subsequent amendments and regulations promulgated thereto.
Landmark Owner and each Employer shall include the foregoing provisions of subparagraphs (a) and (b) in every contract entered into in connection with the Project, and shall require inclusion of these provisions in every subcontract entered into by any subcontractors, and every agreement with any Affiliate operating on the Landmark Property, so that each such provision shall be binding upon each contractor, subcontractor or Affiliate, as the case may be.
(d) Failure to comply with the employment obligations described in this Section 13 shall be a basis for the City to pursue remedies under the provisions of Section 10.
13.2 Citv Resident Construction Worker Employment Requirement. Landmark Owner agrees for itself and its successors and assigns, and shall contractually obligate its general contractor and shall cause the general contractor to contractually obligate its subcontractors, as applicable, to agree, that during the construction of the Project they shall comply with the minimum percentage of total worker hours performed by actual residents of the City as specified in Section 2-92-330 of the Municipal Code (at least 50 percent of the total worker hours worked by persons on the site of the Project shall be performed by actual residents of the City); provided, however, that in addition to complying with this percentage, Landmark Owner, its general contractor and each subcontractor shall be required to make good faith efforts to utilize qualified residents of the City in both unskilled and skilled labor positions.
Landmark Owner may request a reduction or waiver of this minimum percentage level of Chicagoans as provided for in Section 2-92-330 of the Municipal Code in accordance with standards and procedures developed by the Chief Procurement Officer ofthe City.
"Actual residents of the City" shall mean persons domiciled within the City. The domicile is an individual's one and only true, fixed and permanent home and principal establishment.
Landmark Owner, the general contractor and each subcontractor shall provide for the maintenance of adequate employee residency records to show that actual Chicago residents are employed on the Project. Each Employer shall maintain copies of personal documents supportive of every Chicago employee's actual record of residence.
Weekly certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) shall be submitted to the Commissioner of DPD in triplicate, which shall identify clearly the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a payroll, the date that the Employer hired the employee should be written in after the employee's name.
Landmark Owner, the general contractor and each subcontractor shall provide full access to their employment records to the Chief Procurement Officer, the Commissioner of DPD, the Superintendent of the Chicago Police Department, the Inspector General or any duly authorized representative of any of them. Landmark Owner, the general contractor and each subcontractor shall maintain all relevant personnel data and records for a period of at least three (3) years after final acceptance of the work constituting the Project.
At the direction of DPD, affidavits and other supporting documentation will be required of Landmark Owner, the general contractor and each subcontractor to verify or clarify an employee's actual address when doubt or lack of clarity has arisen.
Good faith efforts on the part of Landmark Owner, the general contractor and each subcontractor to provide utilization of actual Chicago residents (but not sufficient for the granting
of a waiver request as provided for in the standards and procedures developed by the Chief Procurement Officer) shall not suffice to replace the actual, verified achievement of the requirements of this Section concerning the worker hours performed by actual Chicago residents.
When work at the Project is completed, in the event that the City has determined that Landmark Owner has failed to ensure the fulfillment of the requirement of this Section concerning the worker hours performed by actual Chicago residents or failed to report in the manner as indicated above, the City will thereby be damaged in the failure to provide the benefit of demonstrable employment to Chicagoans to the degree stipulated in this Section. Therefore, in such a case of non-compliance, it is agreed that 1/20 of 1 percent (0.0005) of the aggregate hard construction costs set forth in the Project budget (the product of .0005 x such aggregate hard construction costs) (as the same shall be evidenced by approved contract value for the actual contracts) shall be surrendered by Landmark Owner to the City in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender of the entire liquidated damages as if no Chicago residents were employed in either of the categories. The willful falsification of statements and the certification of payroll data may subject Landmark Owner, the general contractor and/or the subcontractors to prosecution. Any retainage to cover contract performance that may become due to Landmark Owner pursuant to Section 2-92-250 of the Municipal Code may be withheld by the City pending the Chief Procurement Officer's determination as to whether Landmark Owner must surrender damages as provided in this paragraph.
Nothing herein provided shall be construed to be a limitation upon the Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246 " and Standard Federal Equal Employment Opportunity, Executive Order 11246," or other affirmative action required for equal opportunity under the provisions of this Agreement or related documents.
Landmark Owner shall cause or require the provisions of this Section 13.2 to be included in all construction contracts and subcontracts related to the Project.
13.3 MBE/WBE Commitment. Landmark Owner agrees for itself and its successors and assigns, and, if necessary to meet the requirements set forth herein, shall contractually obligate the general contractor to agree that during the Project:
(a) Consistent with the findings which support, as applicable, (i) the Minority-Owned and Women-Owned Business Enterprise Procurement Program, Section 2-92-420 et seg., Municipal Code (the "Procurement Program"), and (ii) the Minority- and Women-Owned Business Enterprise Construction Program, Section 2-92-650 et seg., Municipal Code (the "Construction Program," and collectively with the Procurement Program, the "MBE/WBE Program"), and in reliance upon the provisions of the MBE/WBE Program to the extent contained in, [and as qualified by, the provisions of this Section 13.3, during the course of the Project, at least the following percentages of the MBE/WBE Budget (as set forth in Exhibit H attached hereto) shall be expended for contract participation by MBEs and by WBEs:
(1) At least 26 percent by MBEs.
(2) At least six percent by WBEs.
For purposes of this Section 13.3 only, Landmark Owner (and any party to whom a contract is let by Landmark Owner in connection with the Project) shall be deemed a "contractor" and this Agreement (and any contract let by Landmark Owner in connection with the Project) shall be deemed a Acontracf' or a Aconstruction contract" as such terms are defined in Sections 2-92-420 and 2-92-670, Municipal Code, as applicable.
Consistent with Sections 2-92-440 and 2-92-720, Municipal Code, Landmark Owner's MBE/WBE commitment may be achieved in part by Landmark Owner's status as an MBE or WBE (but only to the extent of any actual work performed on the Project by Landmark Owner) or by a joint venture with one or more MBEs or WBEs (but only to the extent of the lesser of (i) the MBE or WBE participation in such joint venture or (ii) the amount of any actual work performed on the Project by the MBE or WBE), by Landmark Owner utilizing a MBE or a WBE as the general contractor (but only to the extent of any actual work performed on the Project by the general contractor), by subcontracting or causing the general contractor to subcontract a portion of the Project to one or more MBEs or WBEs, or by the purchase of materials or services used in the Project from one or more MBEs or WBEs, or by any combination of the foregoing. Those entities which constitute both an MBE and a WBE shall not be credited more than once with regard to Landmark Owner's MBE/WBE commitment as described in this Section 13.3. In accordance with Section 2-92-730, Municipal Code, Landmark Owner shall not substitute any MBE or WBE general contractor or subcontractor without the prior written approval of DPD.
Landmark Owner shall deliver quarterly reports to the City's monitoring staff during the Project describing its efforts to achieve compliance with this MBE/WBE commitment. Such reports shall include, inter alia, the name and business address of each MBE and WBE solicited by Landmark Owner or the general contractor to work on the Project, and the responses received from such solicitation, the name and business address of each MBE or WBE actually involved in the Project, a description of the work performed or products or services supplied, the date and amount of such work, product or service, and such other information as may assist the City's monitoring staff in determining Landmark Owner's compliance with this MBE/WBE commitment. Landmark Owner shall maintain records of all relevant data with respect to the utilization of MBEs and WBEs in connection with the Project for at least five years after completion of the Project, and the City's monitoring staff shall have access to all such records maintained by Landmark Owner, on five Business Days' notice, to allow the City to review Landmark Owner's compliance with its commitment to MBE/WBE participation and the status of any MBE or WBE performing any portion of the Project.
Upon the disqualification of any MBE or WBE general contractor or subcontractor, if such status was misrepresented by the disqualified party, Landmark Owner shall be obligated to discharge or cause to be discharged the disqualified general contractor or subcontractor, and, if possible, identify and engage a qualified MBE or WBE as a replacement. For purposes of this subsection (e), the disqualification procedures are further described in Sections 2-92-540 and 2-92-730, Municipal Code, as applicable.
(i) Any reduction or waiver of Landmark Owner's MBE/WBE commitment as described in this Section 13.3 shall be undertaken in accordance with Sections 2-92-450 and 2-92-730, Municipal Code, as applicable.
(g) Prior to the commencement of the Project, Landmark Owner shall be required to meet with the City's monitoring staff with regard to Landmark Owner's compliance with its obligations under this Section 13.3. The general contractor and all major subcontractors shall be required to attend this pre-construction meeting. During said meeting, Landmark Owner shall demonstrate to the City's monitoring staff its plan to achieve its obligations under this Section 13.3, the sufficiency of which shall be approved by the City's monitoring staff. During the Project, Landmark Owner shall submit the documentation required by this Section 13.3 to the City's monitoring staff, including the following: (i) subcontractor's activity report; (ii) contractor's certification concerning labor standards and prevailing wage requirements; (iii) contractor letter of understanding; (iv) monthly utilization report; (v) authorization for payroll agent; (vi) certified payroll; (vii) evidence that MBE/WBE contractor associations have been informed of the Project via written notice and hearings; and (viii) evidence of compliance with job creation/job retention requirements. Failure to submit such documentation on a timely basis, or a determination by the City's monitoring staff, upon analysis of the documentation, that Landmark Owner is not complying with its obligations under this Section 13.3, shall, upon the delivery of written notice to Landmark Owner, be deemed an Event of Default. Upon the occurrence of any such Event of Default, in addition to any other remedies provided in this Agreement, the City may: (1) issue a written demand to Landmark Owner to halt the Project, (2) withhold any further payment of any City Funds to Landmark Owner or the general contractor, or (3) seek any other remedies against Landmark Owner available at law or in equity.
13.4 Prevailing Wage Rates. The Landmark Owner and its general contractor and all subcontractors must pay the prevailing wage rate as ascertained by the Illinois Department of Labor ("IDOL") to all persons working on the Project. All such contracts shall list the specified rates to be paid to all laborers, workers and mechanics for each craft or type of worker or mechanic employed pursuant to such contract. If IDOL revises such prevailing wage rates, the revised rates shall apply to all such contracts. Upon the City's request, the Landmark Owner shall provide the City with copies of all such contracts entered into by the Landmark Owner or its general contractor to evidence compliance with this Section 13.4.
SECTION 14. REPRESENTATIONS AND WARRANTIES.
Representations and Warranties of the City. To induce Landmark Owner to execute this Agreement and perform its obligations hereunder, the City hereby represents and warrants to Landmark Owner that the City has authority under its home rule powers to execute and deliver this Agreement and perform the terms and obligations contained herein.
Representations and Warranties of Landmark Owner. To induce the City to execute this Agreement and perform its obligations hereunder, Landmark Owner hereby represents and warrants to the City that as of the Effective Date the following shall be true and correct in all respects:
Landmark Owner is a not-for-profit corporation duly organized under the laws of the State of Illinois and validly existing and in good standing under the laws of the State of Illinois with full power and authority to perform the Project, and that the person signing this Agreement on behalf of Landmark Owner has the authority to do so.
All certifications and statements contained in the Economic Disclosure Statements last submitted to the City by Landmark Owner (and any legal entity holding an interest in Landmark Owner) are true, accurate, and complete.
Landmark Owner's execution, delivery and performance of this Agreement and all instruments and agreements contemplated hereby will not, upon the giving of notice or lapse of time, or both, result in a breach or violation of, or constitute a default under Landmark Owner's articles of incorporation or by-laws or any agreement to which Landmark Owner, or any Affiliate (as defined in Section 17), is a party or by which Landmark Owner, the Landmark Building, or the Landmark Property is bound.
To the best of Landmark Owner's knowledge, no action, litigation, investigation or proceeding of any kind is pending or threatened against Landmark Owner, or any Affiliate, and Landmark Owner knows of no facts which could give rise to any such action, litigation, investigation or proceeding, which could: (i) affect the ability of Landmark Owner to perform its obligations hereunder; or (ii) materially affect the operation or financial condition of Landmark Owner.
To the best of Landmark Owner's knowledge, the Project will not violate: (i) any laws, including, without limitation, any zoning and building codes and environmental regulations; or (ii) any building permit, restriction of record or other agreement affecting the Landmark Building or the Landmark Property.
14.3 Survival of Representations and Warranties. Each of the parties agrees that all of its representations and warranties set forth in this Section 14 or elsewhere in this Agreement are true as of the Effective Date and will be true in all material respects at all times thereafter, except with respect to matters which have been disclosed in writing and approved by the other party.
SECTION 15. NOTICES.
Any notice, demand or communication required or permitted to be given hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b) [intentionally omitted]; (c) overnight courier; or (d) registered or certified first class mail, postage prepaid, return receipt requested:
If to the City: City of Chicago
Department of Planning and Development Historic Preservation Division
Bureau of Planning, Historic Preservation & Sustainability 121 North LaSalle Street, Room 905 Chicago, Illinois 60602
Attn: Dijana Cuvalo, Architect IV
With a copy to: City of Chicago
Department of Law
121 North LaSalle Street, Room 600
Chicago, Illinois 60602
Attn: Deputy, Real Estate & Land Use Division
If to the CCL: Commission on Chicago Landmarks
c/o City of Chicago
Department of Planning and Development Historic Preservation Division
Bureau of Planning, Historic Preservation & Sustainability
121 North LaSalle Street, Room 905
Chicago, Illinois 60602
Attn: Dijana Cuvalo, Architect IV
If to Landmark Owner: Ebenezer Missionary Baptist Church
4501 S. Vincennes Avenue
Chicago, Illinois 60653
Attn:
Any notice, demand or communication given pursuant to clause (a) hereof shall be deemed received upon such personal service. Any notice, demand or communication given pursuant to clause (c) shall be deemed received on the business day immediately following deposit with the overnight courier. Any notice, demand or communication sent pursuant to clause (d) shall be deemed received three (3) business days after mailing. The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, demands or communications shall be given. The refusal to accept delivery by any party or the inability to deliver any communication because of a changed address of which no notice has been given in accordance with this Section 15 shall constitute delivery.
SECTION 16. BUSINESS RELATIONSHIPS.
Landmark Owner 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 understands that pursuant to 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 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 described 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. Landmark Owner represents and warrants that no violation of Section 2-156-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby.
SECTION 17. PATRIOT ACT CERTIFICATION.
Landmark Owner represents and warrants that neither Landmark Owner nor any Affiliate (as defined below) of Landmark Owner 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 of the 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 17, an "Affiliate" shall be deemed to be a person or entity related to Landmark Owner that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Landmark Owner, 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.
SECTION 18. PROHIBITION ON CERTAIN CONTRIBUTIONS - MAYORAL EXECUTIVE ORDER NO. 2011-4.
Landmark Owner agrees that any person or entity who directly or indirectly has an ownership or beneficial interest in Landmark Owner of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners or Landmark Owner's contractors (i.e., any person or entity in direct contractual privity with Landmark Owner 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 (Landmark Owner 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 her political fundraising committee (a) after execution of this Agreement by Landmark Owner, (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.
Landmark Owner represents and warrants that from the later of (a) May 16, 2011, or (b) the date the City approached Landmark Owner, or the date Landmark Owner approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to her political fundraising committee.
Landmark Owner 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 her political fundraising committee.
Landmark Owner 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, Landmark Owner agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this Section 18 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 (defined below) and supersedes any inconsistent provision contained therein.
If Landmark Owner intentionally violates this provision or Mayoral Executive Order No. 2011 -4 prior to the Effective Date, the City may elect to decline to close the transaction contemplated by this Agreement.
For purposes of this provision:
"Bundle" means to collect contributions from more than one source, which contributions are then delivered by one person to the Mayor or to her political fundraising committee.
"Other Contract" means any other agreement with the City to which Landmark Owner 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 lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council.
"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
Individuals are "domestic partners" if they satisfy the following criteria:
they are each other's sole domestic partner, responsible for each other's common welfare; and
neither party is married; and
(iii) the partners are not related by blood closer than would bar marriage
in the State of Illinois; and
(iv) 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
two of the following four conditions exist for the partners:
The partners have been residing together for at least 12 months.
The partners have common or joint ownership of a residence.
The partners have at least two of the following arrangements:
joint ownership of a motor vehicle;
joint credit account;
a joint checking account;
a lease for a residence identifying both domestic partners as tenants.
(4) 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.
SECTION 19. MISCELLANEOUS.
The following general provisions govern this Agreement:
Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single, integrated instrument.
Cumulative Remedies. The remedies of any party hereunder are cumulative and the exercise of any one or more of such remedies shall not be construed as a waiver of any other remedy herein conferred upon such party or hereafter existing at law or in equity, unless specifically so provided herein.
Date for Performance. If the final date of any time period set forth herein falls on a Saturday, Sunday or legal holiday under the laws of Illinois or the United States of America, then such time period shall be automatically extended to the next business day.
Entire Agreement; Modification. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreements, negotiations and discussions. This Agreement may not be modified or amended in any manner
without the prior written consent of the parties hereto. No term of this Agreement may be waived or discharged orally or by any course of dealing, but only by an instrument in writing signed by the party benefitted by such term.
Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of this Agreement.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws provisions.
Headings. The headings of the various sections and subsections of this Agreement have been inserted for convenience of reference only and shall not in any manner be construed as modifying, amending or affecting in any way the express terms and provisions hereof.
No Waiver. No waiver by the City with respect to any specific default by Landmark Owner shall be deemed to be a waiver of the rights of the City with respect to any other defaults of Landmark Owner, nor shall any forbearance by the City to seek a remedy for any breach or default be deemed a waiver of its rights and remedies with respect to such breach or default, nor shall the City be deemed to have waived any of its rights and remedies unless such waiver is in writing.
Severability. If any term of this Agreement or any application thereof is held invalid or unenforceable, the remainder of this Agreement shall be construed as if such invalid part were never included herein and this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law.
Successors and Assigns. Except as otherwise provided in this Agreement, the terms and conditions of this Agreement shall apply to and bind the successors and assigns of the parties.
SECTION 20. COMPLIANCE WITH "WASTE" PROVISIONS.
Any duly authorized representative of the City shall have access to the Landmark Property at all reasonable times for the purpose of determining whether Landmark Owner is constructing the Project in accordance with the terms of this Agreement and all applicable federal, state and local statutes, laws, ordinances, codes, rules, regulations, orders and judgments, including, without limitation, Sections 7-28 and 11 -4 of the Municipal Code of Chicago relating to waste disposal (collectively, the "Waste Sections"). Landmark Owner's violation of the Waste Sections (including, but not limited to, Sections 7-28-390 Dumping on public way; 7-28-440 Dumping on real estate without permit; 11-4-1410 Disposal in waters prohibited; 11-4-1420 Ballast tank, bilge tank or other discharge; 11-4-1450 Gas manufacturing residue; 11-4-1500 Treatment and disposal of solid or liquid waste; 11-4-1530 Compliance with rules and regulations required; 11-4-1550 Operational requirements; and 11-4-1560 Screening requirements), whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement and entitles the City to all remedies under the Agreement, at law or in equity. This section does not limit Landmark Owner's, its 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.
SECTION 21. INSPECTOR GENERAL.
It is the duty of every officer, employee, department, agency, contractor, subcontractor, developer and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Municipal Code of Chicago. Landmark Owner understands and will abide by all provisions of Chapter 2-56 of the Municipal Code of Chicago.
SECTION 22. 2014 CITY HIRING PLAN PROHIBITIONS.
The City is subject to the June 16, 2014 "City of Chicago Hiring Plan" (the "2014 Citv 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 2014 City Hiring Plan prohibits the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.
Landmark Owner is aware that City policy prohibits City employees from directing any individual to apply for a position with Landmark Owner, either as an employee or as a subcontractor, and from directing Landmark Owner to hire an individual as an employee or as a subcontractor. Accordingly, Landmark Owner must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Landmark Owner under this Agreement are employees or subcontractors of Landmark Owner, 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 Landmark Owner.
Landmark Owner will not condition, base, or knowingly prejudice or affect any term or aspect of 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.
In the event of any communication to Landmark Owner by a City employee or City official in violation of Section 23.2 above, or advocating a violation of Section 23.3 above, Landmark Owner will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section of the City's Office of the Inspector General ("OIG Hiring Oversight"),
and also to the Commissioner of the Department. Landmark Owner will also cooperate with any inquiries by OIG Hiring Oversight.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on of the date first above written.
CITY OF CHICAGO,
an Illinois municipal corporation
By:
Maurice D. Cox
Commissioner of Planning and Development COMMISSION ON CHICAGO LANDMARKS
By:
Maurice D. Cox Commissioner
EBENEZER MISSIONARY BAPTIST CHURCH,
an Illinois not-for-profit corporation
By:
Name:
Its:
STATE OF ILLINOIS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Maurice D. Cox, the Commissioner of the Department of Planning and Development of the City of Chicago, an Illinois municipal corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and, being first duly sworn by me, acknowledged that, as said Commissioner, he signed and delivered the foregoing instrument pursuant to authority given by the City of Chicago as his free and voluntary act and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth.
GIVEN under my notarial seal this day of , 20 .
NOTARY PUBLIC
STATE OF ILLINOIS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Maurice D. Cox, a commissioner of the Commission on Chicago Landmarks, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and, being first duly sworn by me, acknowledged that, as said commissioner, he signed and delivered the foregoing instrument pursuant to authority given by the City of Chicago as his free and voluntary act and as the free and voluntary act and deed of said commission, for the uses and purposes therein set forth.
GIVEN under my notarial seal this day of , 20 .
NOTARY PUBLIC
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby
certify that , the of Ebenezer Missionary Baptist Church, an
Illinois not-for-profit corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and, being first duly sworn by me, acknowledged that s/he signed and delivered the foregoing instrument pursuant to authority given by said corporation, as her/his free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth.
GIVEN under my notarial seal this day of , 20 .
NOTARY PUBLIC
EXHIBIT A
LEGAL DESCRIPTION OF LANDMARK PROPERTY
[To come]
EXHIBIT B
PROJECT RESOLUTION (INCLUDING PROJECT SCOPE OF WORK. PROJECT BUDGET AND CONDITIONS OF APPROVAL)
[Attached]
CITY QF CHICAGO COMMISSION ON CHICAGO LANDMARKS
September 8, 2022
RESOLUTION FOR ADOPT-A-LANDMARK FUNDS TO BENEFIT Ebenezer Missionary Baptist Church 4501 S. Vincennes Avenue
To the Mayor and Members of the City Council of the City of Chicago:
WHEREAS, Section 17-4-1000 of the Chicago Zoning Ordinance authorizes the City of Chicago (the "City") to award floor area bonuses to projects located in "D" districts in return for a financial contribution to the City ("Bonus Payment"); and
WHEREAS, the Bonus Payment is deposited into three funds: (i) the Neighborhood Opportunity Fund, (ii) the Citywide Adopt-a-Landmark Fund (the "AAL Fund"), and (iii) the Local Impact Fund; and
WHEREAS, the AAL Fund receives 10% of each Bonus Payment; and
WHEREAS, the purpose of the AAL Fund is to finance landmark restoration projects;
and
WHEREAS, on May 6, 2021, the Commission on Chicago Landmarks (the "Commission") approved the funding priority and evaluation criteria for the AAL Fund; and
WHEREAS, on May 27,2021, the Department of Planning and Development (the "Department") announced that it was accepting applications for grants to support landmark restoration projects under the AAL Fund; and
WHEREAS, the deadline for submissions was August 16, 2021; and
WHEREAS, the Department received 17 applications, including an application submitted by Ebenezer Missionary Baptist Church (the "Applicant") for restoration work to the Ebenezer Missionary Baptist Church building at 4501 S. Vincennes Avenue (the "Landmark Building" and its rehabilitation, the "Landmark Project"), pursuant to Section 17-4-1006 of the Municipal Code of Chicago (the "Municipal Code"), and its requirements governing the AAL Fund; and
WHEREAS, the Landmark Building was designated as a Chicago Landmark by the City Council of the City (the "City Council") on July 28, 2011, pursuant to the Chicago Landmarks Ordinance; and
WHEREAS, the Department evaluated the applications based on the funding priority, evaluation criteria and guidelines set forth in Section 17-4-1006 of the Municipal Code, and has
determined that the Applicant's application satisfies such funding priority, evaluation criteria and guidelines; and
WHEREAS, the Department wishes to award the Applicant a grant in the amount of $900,000 from the AAL Fund to undertake the Landmark Project; and
WHEREAS, pursuant to Section 17-4-1006-C-2 of the Municipal Code, the Commission must approve the scope of work and budget for the Landmark Project; now, therefore,
THE COMMISSION ON CHICAGO LANDMARKS HEREBY:
Incorporates the above recitals as the findings of the Commission; and
Approves the Project Scope of Work and Budget, attached hereto and incorporated herein as Exhibit A (the "Project Scope of Work and Budget"); and
Finds that the Landmark Project is eligible to receive a distribution from the AAL Fund; and
Finds that the Landmark Project meets the standard set forth in Section 17-4-1006-C-l in that it is consistent with the landmark guidelines established under the Chicago Landmarks Ordinance (the "Landmark Guidelines"); and
Finds that the Landmark Project meets the standard set forth in Section 17-4-1006-C-3 in that it involves substantial interior or exterior renovation work that is visible from the public street or within a portion of the interior that is open to the public, and exceeds normal maintenance work; and
Finds that the Landmark Project meets the priority standard set forth in Section 17-4-1006-C-4 in that it has not been completed and addresses exterior envelope issues, and satisfies the evaluation criteria; and
Authorizes the Commissioner ofthe Department, acting on behalf of the Commission, and subject to approval by the City Council to: (a) enter into an agreement (the "Agreement") with the Applicant or its successors, in a form approved by the Corporation Counsel, regarding the manner in which the AAL Fund for the Landmark Project will be used; (b) approve, as necessary, any minor modifications to the Project Scope of Work and Budget otherwise consistent with the purposes and requirements of the Landmark Guidelines; and (c) require that the Applicant comply with the City's Minority-Owned Business Enterprise/Women-Owned Business Enterprise participation requirements and local hiring policies, and to pay prevailing wages; and
Directs that, upon completion of the Landmark Project, the Applicant shall notify the Commission staff and request a certificate of completion; and
Directs that the Applicant must obtain a certificate of completion from the Commissioner of the Department prior to the final distribution from the AAL Fund.
The above resolution was adoptedysiyiA^cL^^^ ^ ~^ >
Dated
EXHIBIT A CITY WIDE ADOPT-A-LANDMARK FUND SCOPE OF WORK AND BUDGET FOR Ebenezer Missionary Baptist Church 4501 S. Vincennes Avenue
'» *'»
Subject to the review and approval of the Commission on Chicago Landmarks (and as depicted on drawings prepared by Wiss, Janney, Elstner Associates, dated 6/17/2022, attached hereto and incorporated herein as Exhibit B), the Project Scope of Work and Budget under the Adopt-a-Landmark Fund for the Landmark Building shall consist of:
Genera] Conditions $263,320
Procure City of Chicago Repair, Environmental (Grinding), and Scaffold permits.
Procure overhead sidewalk protection with Public Right of Way permit.
Procure Certificates of Insurance.
Procure aerial lift, suspended swing stage scaffold, and pipe scaffold access.
Install sample mockups for review and approval.
Provide Union tradesmen support for A/E inspection time.
Dispose of debris created by our work.
South Facade $20,000
• Evaluate existing conditions at the top ofthe steepled parapet wall with A/E to designate and install temporary facade stabilization such as debris netting with anchorage or similar, approximately 300 square feet.
East Facade * $174,700
Remove existing common brick parapet wall and rebuild with reclaimed Chicago common brick, approximately 4 wythes, maximum 13 courses. Rebuild the outer wythe above the level 2 window heads, maximum 13 wythes, and remove and reset or replace clay tile copings as designated.
At areas of designated steel repairs , clean existing steel free of rust, and coat with a two part epoxy paint. Install new flashing membranes with termination bar to the backup masonry.
North Facade $107,900
• Remove existing face brick and stone parapet wall and rebuild with new, approved face brick to match in color, texture, and finish, approximately 3 to 5 wythes, maximum 13 courses. Salvage existing limestone units and reinstall with new stainless steel anchors.
• At areas of designated steel repairs, clean existing steel free of rust, and coat with a two part epoxy paint. Install new flashing membranes with termination bar to the backup masonry.
Chimneys $25,500
• Evaluate existing conditions at the large and small chimneys with A/E to designate selective brick masonry rebuilding, grinding and pointing, and/or supplemental anchorage installations to match in color, texture, and finish.
Roofing $441,500
Remove and replace existing steepled, shingle roof (approximately 8,670 square feet) including new sheet metal fascia, soffit, wall flashings, valley metal, gutters, and downspouts. Install new roof deck and shingles over existing inlaid gutter, approximately 870 square feet. No work at existing raked gable edge.
Install new metal copings and backside roofing repairs at the existing flat roof in conjunction with masonry rebuilding, approximately 90 linear feet.
Contingency $50,000
Architect/Engineer Fees (WJE) $79,140
Estimated Third Party Reviewer Fees (6.5%) $7,500
Estimated Soft Costs
Attorney Fees (1%) $12,000
Escrow Fees (0.5%) $ 6,000
TOTAL PROJECT BUDGET $1,187,560 ADOPT-A-LANDMARK GRANT $900,000
*City lines at east elevation to be removed/relocated by others prior to work commencing
Conditions of Approval:
The Landmark Project will not have an adverse effect on the significant historical and architectural features ofthe Landmark Building and is approved, subject to the following conditions:
All work must be submitted to the Historic Preservation Division of the Department for prior review and approval as part of one or more building permit applications. The Historic Preservation Division may require, as part of its review, repair details, material samples, paint colors and finishes, specifications, mock-ups, as applicable. All work shall be done in accordance with the Commission's Guidelines for Alterations to Historic Buildings and New Construction and The Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings.
Undocumented Conditions: The Applicant shall notify Commission Staff of undocumented detrimental conditions found during work.
The Applicant and the escrow agent shall enter into an escrow agreement in a form acceptable to the Corporation Counsel to assure that the Landmark Project is completed and paid for in a timely manner.
Upon completion of the Landmark Project, the Applicant shall notify Commission staff; provide the necessary certification request documentation and provide access to the Landmark Building, as necessary, so that staff can conduct a final inspection of the work; and provide an informational report to the Commission. Final payment from AAL Funds is subject to certification by the Commissioner of the Department that the Project was completed in accordance with the requirements of the AAL Funds, the Project Scope of Work and Budget, the Agreement, and the Landmark Guidelines.
EXHIBIT C PROJECT CONSTRUCTION SCHEDULE
[To come]
EXHIBIT D
Insurance requirements
Department of Planning and Development Historic Landmark Agreement
A. INSURANCE REQUIRED OF LANDMARK OWNER ("Owner")
Owner must provide and maintain at Owner's own expense, during the term of the Agreement and during the time period following expiration if Owner is required to return and perform any work, services or operations, the insurance coverages and requirements specified below, insuring all work, services, or operations related to the Agreement.
Workers Compensation and Employers Liability (Primary and Umbrella)
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide a work, services or operations under this Agreement and Employers Liability coverage with limits of not less than $1.000.000 each accident, $1,000,000 disease-policy limit, and $1.000,000 disease-each employee, or the full per occurrence limits of the policy, whichever is greater.
Owner may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent must be maintained with limits of not less than $1.000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury, personal injury, and property damage liability. Coverages must include but not be limited to the following: All premises and operations, products/completed operations, separation of insureds, defense, professional services exclusion deleted, and contractual liability (not to include Endorsement CG 21 39 or equivalent).
The City and other entities as required by City must be provided additional insured status with respect to liability arising out of Owner's work, services or operations performed on behalf of the City. The City's additional insured status must apply to liability and defense of suits arising out of Owner's acts or omissions, whether such liability is attributable to the Owner or to the City on an additional insured endorsement form acceptable to the City. The full policy limits and scope of protection also will apply to the City as an additional insured, even if they exceed the City's minimum limits required herein. Owner's liability insurance must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Owner may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Automobile Liability (Primary and Umbrella)
When any motor vehicles (owned, non-owned and hired) are used in connection with work, services, or operations to be performed, Automobile Liability Insurance must be maintained by the Owner with limits of not less than $1.000,000 per occurrence or the full per occurrence limits of the policy, whichever is greater, for bodily injury and property damage. The City is to be added as an additional insured on a primary, non-contributory basis.
Owner may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Excess/Umbrella
If the landmark is unoccupied during the work under the Agreement, Excess/Umbrella Liability Insurance must be maintained with limits of not less than $1.000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater. If the landmark is occupied during the work under the Agreement, Excess/Umbrella Liability Insurance must be maintained with limits of not less than $4.000.000 per occurrence, or the full per occurrence limits of the policy, whichever is greater. The policy/policies must provide the same coverages/follow form as the underlying Commercial General Liability, Automobile Liability, Employers Liability and Completed Operations coverage required herein and expressly provide that the excess or umbrella policy/policies will drop down over reduced and/or exhausted aggregate limit, if any, of the underlying insurance. The Excess/Umbrella policy/policies must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Owner may use a combination of primary and excess/umbrella policies to satisfy the limits of liability required in sections A.1, A.2, A.3 and A.4 herein.
All Risk Property
When Owner performs a repair or replacement of the landmark, the Owner must provide All Risk Property/Installation Insurance, at replacement cost, for loss or damage to equipment, machinery, materials or supplies that are part of the Agreement. Coverages must include in-transit, off-site, faulty workmanship or materials, testing and mechanical-electrical breakdown. The City is to be named as additional insured and loss payee as it's interest may appear.
B. INSURANCE REQUIRED OF PRIME CONTRACTOR ("Contractor") DURING CONSTRUCTION
Contractor must provide and maintain at Contractor's own expense, during the term of the Agreement and during the time period following expiration if Contractor is required to return and perform any work, services or operations, the insurance coverages and requirements specified below, insuring all work, services, or operations related to the Agreement.
1) Workers Compensation and Employers Liability (Primary and Umbrella)
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide a work, services or operations under this Agreement and Employers Liability coverage with limits of not less than $1.000.000 each accident, $1,000,000 disease-policy limit, and $1.000,0000 disease-each employee, or the full per
occurrence limits of the policy, whichever is greater. Coverage must include but not be limited to, the following: other states endorsement, alternate employer and voluntary compensation endorsement, when applicable.
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent must be maintained with limits of not less than $1,000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury, personal injury, and property damage liability. Coverages must include but not be limited to, the following: All premises and operations, products/completed operations for a minimum of two (2) years following project completion, explosion, collapse, underground, separation of insureds, mobile equipment, defense, contractual liability (not to include endorsement CG 21 39 or equivalent), no exclusion for damage to work performed by Subcontractors, any limitation of coverage for designated premises or project is not permitted (not to include endorsement CG 21 44 or equivalent) and any endorsement modifying or deleting the exception to the Employer's Liability exclusion is not permitted. If a general aggregate limit applies, the general aggregate must apply per project/location and once per policy period if applicable, or Contractor may obtain separate insurance to provide the required limits which will not be subject to depletion because of claims arising out of any other work or activity of Contractor. If a general aggregate applies to products/completed operations, the general aggregate limits must apply per project and once per policy period.
The City must be provided additional insured status with respect to liability arising out of Contractor's work, services or operations and completed operations performed on behalf ofthe City. Such additional insured coverage must be provided on ISO form CG 2010 10 01 and CG 2037 10 01 or on an endorsement form at least as broad for ongoing operations and completed operations. The City's additional insured status must apply to liability and defense of suits arising out of Contractor's acts or omissions, whether such liability is attributable to the Contactor or to the City. The full policy limits and scope of protection also will apply to the City as an additional insured, even if they exceed the City's minimum limits required herein. Contractor's liability insurance must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Automobile Liability (Primary and Umbrella)
Contractor must maintain Automobile Liability Insurance with limits of not less than $1.000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury and property damage. Coverage must include but not be limited to, the following: ownership, maintenance, or use of any auto whether owned, leased, non-owned or hired used in the performance of the work or devices, both on and off the
Project site including loading and unloading. If applicable, coverage extension must include an MCS-90 endorsement where required by the Motor Carrier Act of 1980. The City is to be named as an additional insured on a primary, non-contributory basis.
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Excess/Umbrella
If the landmark is unoccupied during the work under the Agreement, Excess/Umbrella Liability Insurance must be maintained with limits of not less than $1.000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater. If the landmark is occupied during the work under the Agreement, Excess/Umbrella Liability Insurance must be maintained with limits of not less than $4.000.000 per occurrence, or the full per occurrence limits of the policy, whichever is greater. The policy/policies must provide the same coverages/follow form as the underlying Commercial General Liability, Automobile Liability, Employers Liability and Completed Operations coverage required herein and expressly provide that the excess or umbrella policy/policies will drop down over reduced and/or exhausted aggregate limit, if any, of the underlying insurance. If a general aggregate limit applies the general aggregate must apply per project/location. The Excess/Umbrella policy/policies must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Contractor may use a combination of primary and excess/umbrella policies to satisfy the limits of liability required in sections A.1, A.2, A.3 and A.4 herein.
Builders Risk
When Contractor undertakes any construction, including improvements, betterments, and/or repairs, the Contractor must provide All Risk Builders Risk Insurance at replacement cost for materials, supplies, equipment, machinery and fixtures that are or will be part of the permanent project. Coverages must include, but are not limited to, the following: material stored off-site and in-transit, equipment breakdown, earth movement, flood, water including overflow, leakage, sewer backup or seepage, utility services, damage to adjoining and existing property, scaffolding, false work, fences, and temporary structures, collapse, debris removal, faulty workmanship or materials, testing, mechanical-electrical breakdown, changes in temperature, extra expense, ordinance or law for increased cost of construction. The City is to be named as an additional insured and loss payee as it's interest may appear.
The Contractor is responsible for all loss or damage to personal property (including materials, equipment, tools and supplies) owned, rented or used by Contractor.
Professional Liability
When any architects, engineers, construction managers or other professional consultants perform work, services, or operations in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $2.000.000 Coverage must include, but not be limited to, technology errors and omissions and pollution liability if environmental site assessments are conducted.
When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.
Railroad Protective Liability
When any work, services, or operations is to be done adjacent to or on railroad or transit property, Contractor must provide, with respect to the operations that Contractor or subcontractors perform, Railroad Protective Liability Insurance in the name of railroad or transit entity. The policy must have limits of not less than the requirement of the operating railroad for losses arising out of injuries to or death of all persons, and for damage to or destruction of property, including the loss of use thereof.
If applicable, a certified copy of the Railroad Protective policy is to be submitted to the Chicago Transit Authority (CTA), ATTN: Manager of Benefits Compliance, 567 West Lake Street, 3rd Floor, Chicago, IL 60661. METRA, ATTN: Risk Management, 547 West Jackson Blvd, Chicago, IL 60661. An Insurance binder will be accepted until such time the policy is submitted.
Contractors Pollution Liability
When any work, services, or operations performed involves a potential pollution risk that may arise from the operations of Contractor's scope of services, Contractors Pollution Liability must be provided or caused to be provided, covering bodily injury, property damage and other losses caused by pollution conditions with limits of not less than $5,000.000 per occurrence. Coverage must include but not be limited to completed operations, contractual liability, defense, excavation, environmental cleanup, remediation and disposal and if applicable, include transportation and non-owned disposal coverage. When policies are renewed or replaced, the policy retroactive date must coincide with or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. The City is to be named as an additional insured.
Environmental and Asbestos Abatement Liability
If the Contractor's scope of work involves the removal of asbestos, the removal/replacement of underground tanks, or the removal of toxic chemicals and substances, the Contractor will be required to provide the following minimum limits of liability, for such exposures subject to requirements and approval of the City: $10,000,000 per Claim/Aggregate.
B. ADDITIONAL REQUIREMENTS
Evidence of Insurance. Owner and Contractor must furnish the City, Department of Planning and Development, 121 N. LaSalle Street, 10th Floor, Chicago, IL 60602, original certificates of insurance and additional insured endorsement, or other evidence of insurance, to be in force on the date of this Agreement, and renewal certificates of Insurance and endorsement, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. Owner and Contractor must submit evidence of insurance prior to execution of Agreement. The receipt of any certificate does not constitute agreement by the City that the
insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of Agreement. The failure of the City to obtain, nor the City's receipt of, or failure to object to a non-complying insurance certificate, endorsement or other insurance evidence from Owner and Contractor, its insurance broker(s) and/or insurer(s) will not be construed as a waiver by the City of any of the required insurance provisions. Owner and Contractor must advise all insurers of the Agreement provisions regarding insurance. The City in no way warrants that the insurance required herein is sufficient to protect Owner and Contractor for liabilities which may arise from or relate to the Agreement. The City reserves the right to obtain complete, certified copies of any required insurance policies at any time.
Failure to Maintain Insurance. Failure of the Owner and Contractor to comply with required coverage and terms and conditions outlined herein will not limit Owner and Contractor's liability or responsibility nor does it relieve Owner and Contractor of its obligation to provide insurance as specified in this Agreement. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to suspend this Agreement until proper evidence of insurance is provided, or the Agreement may be terminated.
Notice of Material Change, Cancellation or Non-Renewal. Owner and Contractor must provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled or non-renewed and ten (10) days prior written notice for non-payment of premium.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Owner and Contractor.
Waiver of Subrogation. Owner and Contractor hereby waives its rights and agrees to require their insurers to waive their rights of subrogation against the City under all required insurance herein for any loss arising from or relating to this Agreement. Owner and Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City received a waiver of subrogation endorsement for Owner and Contractor's insurer(s).
Contractors Insurance Primary. All insurance required of Owner and Contractor under this Agreement must be endorsed to state that Owner and Contractor's insurance policy is primary and not contributory with any insurance procured or maintained by the City.
No Limitation as to Contractor's Liabilities. The coverages and limits furnished by Owner and Contractor in no way limit or restricts the Owner and Contractor's liabilities and responsibilities specified within the Agreement or by law.
No Contribution by City. Any insurance or self-insurance programs maintained by the City do not contribute with insurance provided by Owner and Contractor under this Agreement.
Insurance not Limited by Indemnification. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.
Insurance and Limits Maintained. If Owner and Contractor maintains higher limits and/or broader coverage than the minimums shown herein, the City requires and must be entitled the higher limits and/or broader coverage maintained by Owner and Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage must be available to the City.
Joint Venture or Limited Liability Company. If Owner and Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a Named Insured.
Other Insurance obtained by Owner and Contractor. If Owner and Contractor desires additional coverages, the Owner and Contractor will be responsible for the acquisition and cost.
Insurance required of Subcontractors. Owner and/or Contractor must name Subcontractor(s) as a named insured(s) under Contractor's insurance or Owner and Contractor will require each Subcontractor(s) to provide and maintain Commercial General Liability, Commercial Automobile Liability, Worker's Compensation and Employers Liability Insurance and when applicable Excess/Umbrella Liability Insurance with coverage at least as broad as in outlined in Section A, Insurance Required. The limits of coverage will be determined by Owner or Contractor and may be subject to approval by the City. Owner or Contractor must determine if Subcontractor(s) must also provide any additional coverage or other coverage outlined in Section A, Insurance Required. Owner or Contractor is responsible for ensuring that each Subcontractor has named the City as an additional insured where required and name the City as an additional insured under the Commercial General Liability on ISO form CG 2010 10 01 and CG 2037 10 01 for ongoing operation and completed operations on an endorsement form at least as broad and acceptable to the City. Owner or Contractor is also responsible for ensuring that each Subcontractor has complied with the required coverage and terms and conditions outlined in this Section B, Additional Requirements. When requested by the City, Owner or Contractor must provide to the City certificates of insurance and additional insured endorsements or other evidence of insurance. The City reserves the right to obtain complete, certified copies of any required insurance policies at any time. Failure of the Subcontractors to comply with required coverage and terms and conditions outlined herein will not limit Contractor's liability or responsibility.
City's Right to Modify. Notwithstanding any provisions in the Agreement to the contrary, the City, Department of Finance, Risk Management Office maintains the right to modify, delete, alter or change these requirements.
EXHIBIT E FINAL PROJECT BUDGET
[To come]
EXHIBIT F
CONDITIONAL CERTIFICATE
The undersigned has served as the Third-Party (Inspecting) Architect/Engineer to
("Landmark Owner") and hereby certifies for the benefit of the
City of Chicago that the construction of the "Project" complies with the "Project Scope of Work," as those terms are defined in that certain Adopt a Landmark Floor Area Bonus Agreement
between Landmark Owner and the City of Chicago, dated on or as of ,
20 .
Dated:
[Third-Party (Inspecting) Architect/Engineer]
By:
Name:
Title:
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby
certify that , the of ,
an Illinois , personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before me this day in person and, being first duly sworn by me, acknowledged that s/he signed and delivered the foregoing instrument as her/his free and voluntary act, and as the free and voluntary act of said company, for the uses and purposes therein set forth.
GIVEN under my notarial seal this day of , 20
NOTARY PUBLIC
EXHIBIT G FORM OF ESCROW AGREEMENT
[Attached]
JOINT ORDER ESCROW AGREEMENT
Escrow No. Date: , 2022
To: ("Escrowee")
Chicago, IL 606
Parties: (a) ' , an Illinois not-for-profit corporation
("Landmark Owner"): and
(b) CITY OF CHICAGO, an Illinois municipal corporation and home rule unit of . government ("City").
The accompanying Dollars ($ ) is deposited
by the City (the "Citv Deposit") and the accompanying Dollars
($ ) is deposited by Landmark Owner (the "Landmark Owner Deposit") with the
Escrowee (such amounts, collectively, the "Escrow Deposits") and shall be used solely to reimburse the Landmark Owner for the costs shown on Exhibit 4 attached hereto, otherwise known as the "Approved Project Costs", relating to the Landmark Owner's performance of the "Preservation Work," as defined in that certain Adopt a Landmark Floor Area Bonus Agreement,
between Landmark Owner and the City of Chicago, dated , 20 (the "AAL
Agreement"), relating to the property located at , Chicago,
Illinois, and commonly known as .
The funds shall be disbursed by Escrowee only upon the written joint order of (1)
, in her/his capacity as the of Landmark Owner,
or her/his duly authorized designee, and (2) the Commissioner or any Managing Deputy Commissioner of the Department of Planning and Development. That written order must be substantially in the form of Exhibit 2 attached hereto. The joint order shall be accompanied by a
written statement from , Landmark Owner's Third-Party
(Inspecting) Architect/Engineer, in substantially the form of Exhibit 3 attached hereto, which statement shall be attached to the joint order. Draw requests can be submitted on a monthly basis (i.e., within 30 days of the Landmark Owner incurring the expense for Approved Project Costs. The City Deposit and the Landmark Owner Deposit shall be disbursed on a pro-rata basis.
3. The undersigned authorize and direct the Escrowee to disregard any and all notices,
warnings or demands given or made by the undersigned (other than jointly) or by any other
person. The said undersigned also hereby authorize and direct the Escrowee to accept, comply
with, and obey any and all writs, orders, judgments or decrees entered or issued by any court with
or without jurisdiction; and in case the said Escrowee obeys or complies with any such writ, order,
judgment or decree of any court, it shall not be liable to any of the parties hereto or any other
person, by reason of such compliance, notwithstanding any such writ, order, judgment or decree
be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or
vacated. In case the Escrowee is made a party defendant to any suit or proceedings regarding
this escrow trust, the undersigned, for themselves, their heirs, personal representatives,
successors, and assigns, jointly and severally, agree to pay to said Escrowee, upon written
demand, all costs, attorney's fees, and expenses incurred with respect thereto. The Escrowee
shall have a lien on the deposit(s) herein for any and all such costs, fees and expenses. If said costs, fees and expenses are not 'aid, then the Escrowee shall have the right to reimburse itself out of the said deposit(s).
Except as set forth in Paragraph 10 hereof, in no case shall escrow funds be surrendered except on a joint order signed by Landmark Owner and the City or their respective legal representatives or successors or as directed pursuant to Paragraph 3 above or in obedience of the process or order of court as provided in this Agreement.
If conflicting demands are made upon Escrowee or legal action is brought in connection with this Agreement, Escrowee may withhold all performance without liability therefore, or Escrowee may file suit for interpleader or declaratory relief. If Escrowee is required to respond to any legal summons or proceedings, or if any action of interpleader or declaratory relief is brought by Escrowee, or if conflicting demands or notice by parties to this Agreement or by others are served upon Escrowee, the parties jointly and severally agree to pay escrow fees and all costs, expenses, and attorneys' fees expended or incurred by Escrowee as a result of any of the above described events. The undersigned parties further agree to save Escrowee harmless from all losses and expenses, including reasonable attorneys' fees and court costs incurred by reason of any claim, demand, or action filed with respect to this Agreement. The undersigned jointly and severally agree to pay the fees of Escrowee and reimburse Escrowee for all expenses incurred in connection with this Agreement and direct that all sums due to Escrowee pursuant to this Agreement be deducted from the escrow funds. The undersigned hereby grant Escrowee a lien against the escrow funds to secure all sums due Escrowee. The Escrowee shall not be liable for any act which it may do or omit to do hereunder in good faith and the reasonable exercise of its own best judgment. Any act done or omitted by the Escrowee pursuant to the advice of its legal counsel shall be deemed conclusively to have been performed in good faith by the Escrowee.
This Agreement is intended to implement, is not intended to cancel, supersede or modify the terms of the AAL Agreement, or any agreement by and between Landmark Owner and the City. The duties and responsibilities of Escrowee are limited to this Agreement and the Escrowee shall not be subject to nor obligated to recognize any other agreement between the parties, provided, however, that these escrow instructions may be amended at any time by an instrument in writing signed by all ofthe undersigned.
Landmark Owner and the City warrant to and agree with Escrowee that, unless otherwise expressly set forth in this Agreement: (a) there is no security interest in the escrow funds or any part thereof; (b) no financing statement under the Uniform Commercial Code is on file in any jurisdiction claiming a security interest in or describing (whether specifically or generally) the escrow funds or any part thereof; and (c) Escrowee shall have no responsibility at any time to ascertain whether or not any security interest exists in the escrow funds or any part thereof or to file any financing statement under the Uniform Commercial Code with respect to the escrow funds or any part thereof.
The fee for establishing the escrow is $ , payable by Landmark Owner at the time the
escrow funds are deposited. An annual fee of $ will be due from Landmark Owner for each
year (or part thereof) the escrow account remains open (with any part ofthe deposit not disbursed)
after , 20 . Wire transfer or overnight delivery fees will be assessed at the rate
of $ each. All fees relating to this escrow account shall be billable to and payable solely
by Landmark Owner. Funds from the escrow account may not be used to pay any fees.
9. [Intentionally omitted.]
10. [Escrowee] may resign as Escrowee by giving ten (10)
days prior written notice by certified mail, return receipt requested, sent to Landmark Owner and the City care of their designated representatives and at the addresses set forth below; and thereafter Escrowee shall deliver all remaining escrow funds to a successor Escrowee named by Landmark Owner and the City in a joint written and signed order. If Landmark Owner and the City do not agree on a successor Escrowee, then Escrowee shall deliver all remaining escrow funds to the City.
This Agreement shall terminate ten (10) days following the earlier of: (i) the date on which the Landmark Owner completes the Preservation Work in accordance with the terms of the AAL Agreement, as evidenced by the Landmark Owner's receipt of a Certificate of Completion from
the he City, or (ii) , 20 , as such date may be extended in writing by the City.
All funds, including accumulated interest on the escrow funds, remaining in the escrow account on such termination date will belong to the City and the City will have the sole right to direct the Escrowee to disburse the funds in the escrow account to the City.
Any notice which the parties hereto are required or desire to give hereunder to any of the undersigned shall be in writing and may be given by mailing or delivering the same to the address ofthe undersigned by certified mail, return receipt requested, or overnight courier:
Landmark Owner:
Chicago, Illinois 606 Attn:
City:
City of Chicago
Department of Planning & Development 121 North LaSalle Street, Room 1000 Chicago, Illinois 60602 Attn: Commissioner
With a copy to:
City of Chicago
Department of Law
121 North LaSalle Street, Room 600
Chicago, Illinois 60602
Attn: Real Estate and Land Use Division,
Deputy Corporation Counsel
Escrowee:
Chicago, IL 606
Attn:
Phone No.: Fax No.; Email:
13. Direction Not to Invest/Right to Commingle. Except as to deposits of funds for which
Escrowee has received express written direction concerning investment or other handling, the
parties hereto direct the Escrowee NOT to invest any funds deposited by the parties under the
terms of this escrow and waive any rights which they may have under Section 2-8 of the Corporate
Fiduciary Act (205 ILCS 620/2-8) to receive interest on funds deposited hereunder. In the absence
of an authorized direction to invest funds, the parties hereto agree that the Escrowee shall be
under no duty to invest or reinvest any such funds at any time held by it hereunder; and, further,
that Escrowee may commingle such funds with other deposits or with its own funds in the manner
provided for the administration of funds under said Section 2-8 and may use any part or all of
such funds for its own benefit without obligation to any party for interest or earnings derived
thereby, if any. Further, even with appropriate instructions to invest Escrow Deposits, Escrowee
may commingle the Escrow Deposits with other funds in a trust account in order to facilitate
placing the Escrow Deposits into a segregated interest bearing account and to disburse the
Escrow Deposits once they have been removed from such segregated interest bearing account
as required by the terms of this Agreement. Provided, however, nothing herein shall diminish
Escrowee's obligation to apply the full amount of such funds in accordance with the terms of these
escrow instructions.
Disputes/Circumstance not contemplated. If any dispute arises with respect to the disbursement of any funds on deposit or if circumstances arise that were not contemplated or described in the original escrow agreement, and Escrowee is unsure as to its duties as a result, Escrowee may continue to hold said funds until either in receipt of a joint order from the parties or a court order directing payment. In such instance, Escrowee may elect to commence an action in interpleader and in conjunction therewith remit the Escrow Deposits to a court of competent jurisdiction pending resolution of such dispute, and Landmark Owner hereby indemnifies and holds harmless Escrowee for any action taken by it in good faith in the execution of its duties hereunder. The parties further agree that the cost of any such action shall be deducted from the Escrow Deposits prior to disbursement to the parties.
Disclaimer Re: Validity of Documentation. In its capacity as Escrowee, Escrowee shall not be responsible for the genuineness or validity of any security, instrument, document or item deposited with it and shall have no responsibility other than to faithfully follow the instructions contained herein, and shall not be responsible for the validity or enforceability of any security interest of any party and it is fully protected in acting in accordance with any written instrument given to it hereunder by any of the parties hereto and reasonably believed by Escrowee to have
been signed by the proper person. Escrowee may assume that any person purporting to give any notice hereunder has been duly authorized to do so.
[Signature page follows.]
CITY OF CHICAGO
By:
By: Maurice D. Cox
Name: Commissioner,
Its: Department of Planning
and Development
[Escrowee]
By: [
Name:
Its:
(sub) EXHIBIT 1 to Joint Order Escrow Agreement
Disbursement Direction
I, , the , of
, the owner of the property commonly known as
, Chicago, Illinois 606 , hereby directs Escrowee, under its
Escrow Number , to pay to the sum of
$ from the cash deposit held in said Escrow.
Dated: -¦
By: _ Name: Its:
I, , the [Commissioner / Managing Deputy
Commissioner] of the City of Chicago Department of Planning and Development, hereby authorize the disbursement requested above approving its payment as so directed.
Dated: City of Chicago, acting by and through its
Department of Planning and Development
By:_ Name: Its:
(sub) EXHIBIT 2 to Joint Order Escrow Agreement
The undersigned has served as the Third-Party (Inspecting) Architect/Engineer to
(the "Landmark Owner") and hereby certifies that the
accompanying joint written order seeks funds to reimburse the Landmark Owner for "Approved Project Costs" incurred by Landmark Owner for the "Preservation Work," as defined in, and determined and governed by, the Adopt a Landmark Floor Area Bonus Agreement between
Landmark Owner and the City of Chicago, dated , 20 . The
undersigned has obtained and has included with this certification lien waivers for all the work for which reimbursement is sought, and an AIA Application and Certificate for payment (each, a "Draw") completed by or on behalf of Landmark Owner (or other statement in a form reasonably satisfactory to the City) setting forth, among other things, the amount of the funds (such funds being referred to herein as an "Advance") requested in each instance and also including:
the hard and soft cost statements;
a cost certification from the Contractor in a form reasonably satisfactory to the Third-Party Architect/Engineer regarding the work or materials covered by the Draw;
full or conditional, as applicable, lien waivers from all contractors, subcontractors or suppliers who supplied materials or performed work covered by the Draw in form and substance reasonably satisfactory to the Third-Party Architect/Engineer; and
proof of payment of soft costs covered by the previous Draw, in a form reasonably satisfactory to the Third-Party Architect/Engineer.
Dated:
fThird-Party (Inspecting) Architect/Engineer]
By:
Name:
Title:
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby
certify that , the of , an Illinois
, personally known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and, being first duly sworn by me, acknowledged that s/he signed and delivered the foregoing instrument pursuant to authority given by said corporation, as her/his free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth.
GIVEN under my notarial seal this day of , 20 .
NOTARY PUBLIC
(sub) EXHIBIT 3 to Joint Order Escrow Agreement
APPROVED PROJECT COSTS
The funds in the Joint Order Escrow Account will be used solely to reimburse the Landmark Owner for the following categories of restoration costs incurred by the Landmark Owner in the performance of City-approved Preservation Work:
General Conditions $263,320
Procure City of Chicago Repair, Environmental (Grinding), and Scaffold permits.
Procure overhead sidewalk protection with Public Right of Way permit.
Procure Certificates of Insurance.
Procure aerial lift, suspended swing stage scaffold, and pipe scaffold access.
Install sample mockups for review and approval.
Provide Union tradesmen support for A/E inspection time.
Dispose of debris created by our work.
South Facade $20,000
• Evaluate existing conditions at the top of the steepled parapet wall with A/E to designate and install temporary facade stabilization such as debris netting with anchorage or similar, approximately 300 square feet.
East Facade * $174,700
Remove existing common brick parapet wall and rebuild with reclaimed Chicago common brick, approximately 4 wythes, maximum 13 courses. Rebuild the outer wythe above the level 2 window heads, maximum 13 wythes, and remove and reset or replace clay tile copings as designated.
At areas of designated steel repairs, clean existing steel free of rust, and coat with a two part epoxy paint. Install new flashing membranes with termination bar to the backup masonry.
North Facade $107,900
• Remove existing face brick and stone parapet wall and rebuild with new, approved face brick to match in color, texture, and finish, approximately 3 to 5 wythes, maximum 13 courses. Salvage existing limestone units and reinstall with new stainless steel anchors.
At areas of designated steel repairs, clean existing steel free of rust, and coat with a two part epoxy paint. Install new flashing membranes with termination bar to the backup masonry.
Chimneys $25,500
• Evaluate existing conditions at the large and small chimneys with A/E to designate selective brick masonry rebuilding, grinding and pointing, and/or supplemental anchorage installations to match in color, texture, and finish.
Roofing $441,500
Remove and replace existing steepled, shingle roof (approximately 8,670 square feet) including new sheet metal fascia, soffit, wall flashings, valley metal, gutters, and downspouts. Install new roof deck and shingles over existing inlaid gutter, approximately 870 square feet. No work at existing raked gable edge.
Install new metal copings and backside roofing repairs at the existing flat roof in conjunction with masonry rebuilding, approximately 90 linear feet.
Contingency $50,000
Architect/Engineer Fees (WJE) $79,140
Estimated Third Party Reviewer Fees (6.5%) $7,500
Estimated Soft Costs
Attorney Fees (1 %) $ 12,000
Escrow Fees (0.5%) $ 6,000
TOTAL PROJECT BUDGET ADOPT-A-LANDMARK GRANT
$1,187,560 $900,000
*City lines at east elevation to be removed/relocated by others prior to work commencing
Such costs of Preservation Work must be based on the Landmark Owner's actual costs, verified by actual receipts, with no markup by the Landmark Owner for these costs.
EXHIBIT H M/WBE BUDGET
[To come]
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:
Ebenezer Missionary Baptist Church
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[3] the Applicant
OR
? a legal entity currently holding, or anticipated to hold within six months after City action on
the contract, transaction or other undertaking to which this EDS pertains (referred to below as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant's legal
name: .
OR
Q a legal entity with a direct or indirect right of control ofthe Applicant (see Section 11(B)(1)) State the legal name ofthe entity in which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 4501 S. Vinncennes Ave.
Chicago, Illinois 60653
Telephone: 773-373-6144 Fax: 773-373-3132 Email:
Name of contact person: Rachel Engram-Sims
Federal Employer Identification No. (if you have one):
Brief description ofthe Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Renovation project for AAL grant to Ebenezer; 4501 S. Vincennes, Chicago. IL
G. Which City agency or department is requesting this EDS? dpd
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # - and Contract #
Ver.2018-1 Page lof 15
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
P| Person
Ql Publicly registered business corporation Q| Privately held business corporation Q] Sole proprietorship rj| General partnership Q Limited partnership ? Trust
CZ1J Limited liability company
f~| Limited liability partnership
P| Joint venture
[TJ Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
[TJ Yes ? No fl Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
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?
Q] Yes ED No [7| Organized in Illinois
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of
the entily; (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there
are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other
similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or
limited partnerships, limited liability companies, limited liability partnerships or joint ventures,
each general partner, managing member, manager or any other person or legal entity that directly or
indirectly controls the day-to-day management of the Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Darryl N. Person Senior Pastor
Stanley Stovall ' Treasurer
Rachel Engram-Sims (Chairman); AND Patricia Butts (Clerk) AND Latanya Mellon.(Assistant Treasurer) "no members are legal entities'
2. Please provide the following information concerning each person or legal entity having a direct or
indirect, current or prospective (i.e. within 6 months after City action) beneficial interest (including
ownership) in excess of 7.5% ofthe Applicant. Examples of such an interest include shares in a
corporation, partnership interest in a partnership or joint venture, interest of a member or manager in a
Page 2 of 15
limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." '
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf.
Name Business Address Percentage Interest in the Applicant
SECTION III - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the date ofthis EDS? ("JYes [TjNo
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-month period following the date ofthis EDS? ? Yes 0 No
If "yes" to either of the above, please identify below the name(s) of such City elected official(s) and describe such income or compensation:
Does any City elected official or, to the best ofthe Disclosing Party's knowledge after reasonable
inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in
Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party?
? Yes [7] No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domestic partner(s) and describe the financial interest(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 (as defined in MCC Chapter 2-156), 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. 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 15
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.
See Attached Sheet
(Add sheets if necessary)
? Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under MCC 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 ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
O Yes [TJ] No 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?
P Yes ? No
FURTHER CERTIFICATIONS
[This paragraph 1 applies only if the Matter is a contract being handled by the City's Department of Procurement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing Party nor any Affiliated Entity [see definition in (5) below] has engaged, in connection with the performance of any public contract, the services of an integrity monitor, independent private sector inspector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing, investigative, or other similar skills, designated by a public agency to help the agency monitor the activity of specified agency vendors as well as help the vendors reform their business practices so they can be considered for agency contracts in the future, or continue with a contract in progress).
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
Vcr.2018-1 Page 4 of 15
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) ofthis EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily exefuded from any transactions by any federal, state or local unit of government;
have not, during the 5 years before 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; bribeiy; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before the date ofthis 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.
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ediics).
Certifications (5), (6) and (7) 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 tlie 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 of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 15
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 5 years before the date of this EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty 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;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage); (a)(5)(Debarment Regulations); or (a)(6)(Minimum Wage Ordinance).
Neither the Disclosing Party, nor any 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.
Neither the Disclosing Party nor any Affiliated Entity is listed on a Sanctions List maintained by the United States Department of Commerce, State, or Treasury, or any successor federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any "controlling person" [see MCC Chapter 1-23, Article I for applicability and defined terms] ofthe Applicant 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 ofthe 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 MCC Chapter 1-23, Article I applies to the Applicant, that Article's permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
[FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal System for Award Management ("SAM").
[FOR APPLICANT ONLYJ The Applicant 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 Certifications (2) and (9) above and will not, without the prior written consent ofthe City, use any such
Ver.2018-1 Page 6 of 15
i
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. 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:
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.
12. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
13. 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 ofthis EDS, to an employee, or elected or appointed official, ofthe 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 $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (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
The Disclosing Party certifies that the Disclosing Party (check one)
? is 0 is not
a "financial institution" as defined in MCC Section 2-32-455(b).
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defmed in MCC Chapter 2-32. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. 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."
Page 7 of 15
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MCC Section 2-32-455(b)) is a predatory lender within the meaning of MCC Chapter 2-32, explain here (attach additional pages if necessary):
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed uhat the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-156 have the same meanings if used in this Part D.
In accordance with MCC Section 2-156-110: To the best of the Disclosing Party's knowledge after reasonable inquiry, 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 [TJ No
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou checked "No" to Item D(l), skip Items D(2) and D(3) and proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any 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
If you checked "Yes" to Item D(l), provide the names and business addresses of the City officials or employees having such financial interest and identify the nature of the financial interest:
Name Business Address Nature of Financial Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
Vcr.2018-1 Page 8 of 15
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 (2). Failure to 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 ofthis Section VI, tax credits allocated by the City and proceeds of debt obligations ofthe 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, as amended, 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, as amended, 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
Ver.2018-1 Page 9 of 15
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.
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) 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," as that term is defined in the Lobbying Disclosure Act of 1995, as amended.
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 ofthe 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:
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
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?
I I Yes r~j No | |Reports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes ? No
Ifyou checked "No" to question (1) or (2) above, please provide an explanation:
Page 10 of 15
SECTION VII -- FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any .contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text ofthis ordinance and a training program is available on line at vvww.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 this ordinance.
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 City transactions. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe information provided in, and appended to, this EDS may be made publicly available 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.
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 MCC Chapter 1-23, Article I (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by MCC Chapter 1-23 and Section 2-154-020.
Page 11 of 15
CERTIFICATION
Under penalty of perjury, the pen on signing below*. (I) warrants lhat he/she Is mrthorized to execute this EDS, and all applicable Appendices, oo behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS, and all applicable Appendices, are true, accurate and complete as ofthe date furnished to the City.
Ebenezer Missionary Baptist Church (Print or type exact legal name of Disclosing Party)
(Print or type title of person signing)
Signed and swora to before me on (date) 0 I" 16 ~ 10 A3. at dook County, "flbfiot* (state).
Commission expires:
Page 12 of 15
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%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC 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 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 II.B.I.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners 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% 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 [TJ 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 oft 5
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
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% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
? Yes [TJ No
If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
I | Yes r-j No [TJ The Applicant is not publicly traded on any exchange.
If yes to (1) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant thai is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.comL generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the City money for a license, grant or concession allowing them to conduct a business on City premises.
On behalf of an Applicant that is a contractor pursuant to MCC Section 2-92-385,1 hereby certify that the Applicant is in compliance with MCC Section 2-92-385(b)(l) and (2), which prohibit: (i) screening job applicants based on their wage or salary history, or (ii) seeking job applicants' wage or salary history from current or former employers. I also certify that the Applicant has adopted a policy that includes those prohibitions.
Yes
No
f/J N/A - I am not an Applicant that is a "confractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l).
If you checked "no" to the above, please explain.
Page 15 of IS
City of Chicago Economic Disclosure Statement and Affidavit Ebenezer Missionary Baptist Church
SECTION IV - Disclosure of Subcontractors and Other Retained Parties
Name Business Address Relationship to Disclosing Party Fees
WJE 10 S. LaSalle, Suite 2600, Chicago, IL 60603 consultant/architect $86,640 (est.)
Knickerbocker Roofing and Paving 16851S. Lathrop, Harvey, IL 60426 contractor $417,950 (est.)
Oliver Construction Services 24046 Lakeside Ct., Crete, IL 60417 contractor $521,930 (est.)
Attorney Consumer Counseling P.C. Attn: Lucy Kirschinger 155 N. Michigan Ave., Suite 301, Chicago, IL attorney $5,000 (est.)