OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
July 29,2015
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Fleet and Facility Management, I transmit herewith an ordinance authorizing the sale of property on behalf of the Board of Education.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "City"), is a home rule unit of government under Article VII, Section 6(a) of the Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Board of Education of the City of Chicago (the "Board") is a body corporate and politic, organized under and existing pursuant to Article 34 of the School Code of the State of Illinois, 105 ILCS 5/1-1, et seq. (the "School Code"); and
WHEREAS, the Board is the owner of real estate located at 230 N. Kolmar Avenue Chicago, Illinois, which consists of a 76,971 square foot site improved with a 46,200 square foot, 55 year-old, closed school building in average condition, and which is comprised of two (2) parcels (such parcels, "Parcel A" and "Parcel B") and legally described on Exhibit A, attached hereto ("Property"); and
WHEREAS, title to Parcel A of the Property is currently held by the City, as Trustee, in Trust for the Use of Schools, and title to Parcel B of the Property is currently held by the Public Building Commission of Chicago for the Board; and
WHEREAS, the Board advertised the Property for sale from October 24, 2014 to November 24, 2014, pursuant to public notices that appeared in the Chicago Tribune on three (3) occasions and it received two (2) bids for the Property, which were opened in the Board's Department of Procurement and Contracts on November 24, 2014, the closing bid date; and
WHEREAS, the bid contains a requirement that all or a portion of the Property be used exclusively as an alternative or options school for any K-12 grades and for no other purpose without prior written approval from the Board ("Restrictive Covenant"); and
WHEREAS, one appraisal was made for the Property indicating the value of the Property, with no encumbrances or use restrictions, was:
Appraiser: KMD Valuation Group, LLC
As of: December 1, 2014
Value: $500,000 to $620,000; and
WHEREAS, pursuant to Resolution Number 15-0722-OP1 (the "Resolution"), adopted by the Board by a vote of not less than two-thirds of its full membership at its meeting on July 22, 2015 the Board recommended the acceptance of the bid from United For Better Living, Inc. NFP, a not-for-profit corporation ("United"), located at 4540 W. Washington Boulevard, Chicago, Illinois, in the amount of One Hundred Thousand and No/100 Dollars ($100,000), which was the highest bid received for the Property; and
WHEREAS, United has agreed to comply with the Restrictive Covenant contained in the bid; and
WHEREAS, the Resolution includes a request that the City and the PBC convey Parcel A and Parcel B, respectively, to United in accordance with the Resolution; and
WHEREAS, the Resolution states, in part, that the Board has determined that the Property is not needed for its school purposes, and that the sale of the Property is in the best interests ofthe Board, in accordance with Section 5/34-21 ofthe School Code; now, therefore,
Be It Ordained by the City Council of the City of Chicago:
Section 1. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a deed conveying to United all rights of the City in Trust for the Use of Schools in and to said Parcel A of the Property.
Section 2. Pursuant to the Board's request and the terms of the bid, the deed shall be subject to a Restrictive Covenant requiring all or a portion of Parcel A of the Property to be used exclusively as an alternative or options school for any K-12 grades and for no other purpose without prior written approval from the Board. Title to Parcel A of the Property will revert to the City of Chicago in Trust for Use of Schools as legal title holder of record for the benefit of the Board if this restriction is breached without the Board's written approval.
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 upon its passage and approval.
EXHIBIT A
(subject to final title commitment and survey)
PROPERTY ADDRESS:
230 NORTH KOLMAR AVENUE, CHICAGO, ILLINOIS (Former Marconi School)
PARCEL A (TITLE HELD BY CITY OF CHICAGO IN TRUST FOR USE OF SCHOOLS):
LOTS 19 AND 20 BOTH INCLUSIVE, IN BLOCK 2 IN JOHN D. CUDDIHY'S RESUBDIVISION OF BLOCK 22 (EXCEPT STREETS HERETOFORE DEDICATED) OF WEST CHICAGO LAND COMPANY'S SUBDIVISION OF THE SOUTH HALF OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; AND THE VACATED ALLEYS ADJACENT TO SAID LOTS.
PIN: 16-10-320-021-0000
PARCEL B (TITLE HELD BY PUBLIC BUILDING COMMISSION OF CHICAGO FOR SCHOOLS):
LOTS 1 TO 8, BOTH INCLUSIVE, LOT 9 (EXCEPT THE WEST 15 FEET THEREOF USED FOR STREET), LOTS 11 TO 18, BOTH INCLUSIVE, AND LOTS 21 TO 26 BOTH INCLUSIVE, IN BLOCK 2 IN JOHN D. CUDDIHY'S RESUBDIVISION OF BLOCK 22 (EXCEPT STREETS HERETOFORE DEDICATED) OF WEST CHICAGO LAND COMPANY'S SUBDIVISION OF THE SOUTH HALF OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; AND ALL VACATED ALLEYS ADJACENT TO SAID LOTS.
PIN: 16-10-320-019, -020 AND -022
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INVOBMATION
A. Legal cemo of the Dlgctosing Party submitting this. EDS. Include d/b/V if applicable:
United for Better Hying: Inc. "NFP
Check ONE of the following three boxes:
Indicate whether the Disclosing Tatty submitting this EDS is:
[x] the Applicant
OH.
[] a legal entity holding a direct or indirect interest In the Applicant State the legal name of tile
Applicant is which the Disclosing Party holds an interest'. ;
OR
3. {] A Jcgal entity with aright of control {see Section ILB.l.) State mo legal name of the entity in
which the Disclosing Party holds a right of control: ,
Business address Ofthe Disclosing Party: 4540 West Washington Boufevard
Chicago, (l 60624.
Telephone: 773-281.3308 t Fax: , 773_G1.S9SQ Email: devidv^ilttley^sbcql6be(l.net
Name of contact person; _fiever_gnd Dav|d Todd WhiHloy
Es Federal Employer Identification No. (if you have one):
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which (his EDS pertains. (Include project number and location of property, if applicable):
Purchase of 230 N. K.olmar. Chicago from Board of Education
Which City agency or department la requesting this EDS? Department of Fleei and Facility Management
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # __________ and Contract # n/a
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SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
J. Indicate the nature of the Disclosing Party:
[ ] Person [ J Limited liability company
[ ] PubJidy registered business corporation [ ] Limited liability partnership
[ ] Privately held business corporation [) Joint venture
[ J Sole proprietorship [xj Not-for-profit corporation
(] General partnership (Is the not-for-profit corporation also a 501 (c)(3))?
(J Limited partnership Yes [ ] No
[ ] Trust [ J Other (plea6e specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the State of Illinois: Hos ihe organization registered to do
business in the State of Illinois as a foreign entity?
(}Yes (]No rjN/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors ofthe entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or otber similar entities, list below the legal fitleholder(s).
If the entity is a general partnership, limited partnership .limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity (hat controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Reverend David Todd Whittle? President
latry Harvey Board Member
luvonm Whittlcy — ' " Board MoribcF
Rnndy Orson Board Member
Kafliy Allison gourd Member
,—. KoJ_leinbj_s_
2. Please provide (he following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party Examples of juch an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of -.member or manager in a limited liability coiopany, 'or irtterost of a beneficiary of _ trust, estate or other similar ^entity If noncy state "Nono." NOTE: Pursuant to Section 2-154-030 -of the M-unicipa] Code ofChicago ("Municipal Code"), -the CHy may require' any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name BuslnoSs Addroas Perotatage Interest in the
Disclosing Party
n/a
SECTION DU- BUSINESS RELATIONSHIP- WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "businesc relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in tho 12 months before the date this EDS is. signed?
[} Yes H No
If yea, please identify below the name(s) of such City elected official(B) and describe such relationship(s.):-
n/a - None
SECTION TV --DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTJES
The Disclosing Party txvust disclose- the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expectt to retain, in connection with tho Matter, as well aa the nature of the relationship, and the total amount of the fees-paid or estimated to be paid. Thr> Disclosing Party is not required to disclose employees who are paid solely (trough the DJsolosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or adminietrativo action on behalf of any person or entity other than: (1) a not-for-profit ontity> on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any .part of whose duties as an employee of another includes undertaking to influence any legislative or ad^rdniatrative action.
If the Disclosing Party is uncertain whether a disclosure js required under this Section, the Disclosing Party roust either ask the City wbother disclosure is required or maio the disclosure.
Page 3 of 1'3
Name (indicate whether Business retained or anticipated Address lo be retained)
NCA
Relationship to Disclosing Party (subcontractor, attorney, lobbyist, etc.)
Fees (indicate whether paid or estimated.) NOTE; "hourly rale" or "t.b.d." is not an acceptable response.
(Add sheets if necessary)
[>3 Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
SECTION V ~ CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-4I5, substantial owners of business entities thai contract wjth the City must rcraatn in compliance with (hejr child support obligations throughout the contract's term.
Has any person who directly ot indirectly owns 10% or more of the Disclosing Pany been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
(] Yes [ ] No [*) No person directly or indirectly owns 10% or more of the
Disclosiug Party.
If'Tes," has the person entered into a court-approved agreement for payment of aU support owed and is the person in compliance with that agreement?
[ ] Yes t ] No
B. FURTHER CERTIFICATIONS .
1. Pursuant to Municipal Code Chapter J -23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the. Applicant nor any controlling person is currently indicted ot 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 agaiost 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 th< City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article 1 supersedes some five-year compJiance timeframes m certifications 2 and 3 below.
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1 The Disclosing Party abd, if the Disclosing Party 1b a legal entity, all of those pereoas or entities identified in Section n.B.l. of th'w EDS:
a are not presently debarred, suspended, proposed for debarment, declared ineligible or^oluntuily exclodod from, any 'transactions by any federal, state or local unit of government',
have not, within a five-year period ptecediDg the date of this EDS, been convicted of a criminal offense, adjudged guilty, or hod a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, st ate or local) transaction oi contract under public transaction; a violation of federal or state antitrust statutes; fraud; orabeaJsmsat; theft; forgery; bribery; falsification or destruction of records; raakingiMso 8ta1ements; or receiving stolen property;
are not pre-tfently Indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) wire committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of ibis BDS, had ouo or more public transactions (federal, state or local) terminated for cause or default; and
e have- not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, ot 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, ox any other unit of local government.
3. The certifications in subparts 3, 4 and 5 concern:
- the Disclosing Party;
any "Contractor*' (meaning any contractor or subcontractor usod 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" (moaning 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 oommon 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 8 business entity to do business with federal or stale or local government, including the City, using substantially the same management, ownership, or principals as tho 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 ontity;
any responsible official of tho Disclosing Party, any Contractor or any Affiliated Entity or any other official, agtmt or employee ofthe Disoloslng Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor'or any Affiliated Entity (collectively "Agents").
Pago 5 of 13
N dither tie .Disclosing Party, ri°r any Contractor, nor airy Affiliated Britltyof either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed,, or, with rospoct to a Contractor, -an Affiliated Entity, or an Affiliated Bnb'ty of a Contractor during (he five yeaTS before the date of such Contractor's or Affiliated Entity's contract or engagement in cpnnection 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 of the City, (he State of Illinois, or any agency of the federal government or of nDy state or local government in the Doited States of Amcrioa, in that officer's or employee's official capacity,
agreed or ooilhded with other bidders or prospective bidders', or been a party'to any sach agreement, or been convicted or adjudged guilty of agreement or coIIUBioc among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made on.admission of'such conduot described in a. or b. above that is a matter of record, but have- hot been pfoseedted fox such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, isbarred from contracting with anyunit of state or local government as a result of engaging "m or being convicted of (I) bid-rigging in violation of 720 ILCS 5/33B-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; Or (3) any similar offense of any state or of the-United Sfate6 of America that contains the same elements as tho offense of bid-riggiog or bid-rotating.
Neither the Disoloslng Party rior any Affiliated Entity is listed on any of the following lists maintained by tho Office of Foreign. Assets Control ofthe U.S. Department ofthe Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, tho Denied Persons List, tho Unverified List, tho Entity List and the Debarred List
The Disclosing Party understands and shall comply with the applicable requirement? of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Goveanmental Bthics) ofthe Municipal Code.
' 7. If tho Disclosing Party is unable to certify to any of (ho above statements in thig Part B (Further Certifications), tie Disclosing Pajty must explain below:
n/a
Page 6 of 13
If Ihe letters "NA," (he word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to tho above statements.
8. To fh© best of the Disdlosing Party's knowledge after reason able thn/a
9. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is z complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period prcoeding the execution date of this EDS, to an employee, or elected or appointed official, of "the City of Chioago. For purposes of this statement, a "gift" does not include: (i) anything xnade generally available to City employees or ro the general publio, or (ii) food or drink provided hi lie oourBe of officio! City business and having a retail value of less than $20 per recipient (if none, indicate with "WA" or "rronc"). As to any gift listed below, please also lirt the name of the City recipient.
n/a
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ 3 is M i8 DOt
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code,
If the Disclosing Party IS a Gnoncial institution, then the Disclosing Party pledges:
""We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We understand thatbecoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe privilege of doing business with the City."
If the Di3oloslng Party i6 unable to make this pledge because it or any of its affiliates (as defined In Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within tho meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages if necessary):
nJa -
Page 7 of 13
rf the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes M No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
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 bcr 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 interest and identify the nature of such interest:
Name Business Address Nature of Interest
n/a
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check cither 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 requited by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any coritract entered into with the City in connection with the Matter voidable by the City,
x J, The Disclosing Party verifies that the Disclosing Party has searched any arid 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 (inoluding insurance policies issued to slaveholders that-provided coverage fox damage to or injury or death of their slaves), and tho Disclosing Parly has found no such records.
2, The Disclosing Party verifies Chat, as a result of conducting the search in step 1 above, the Disolosuig Party has found records of mvestments or profits from slavery of slaveholder insurance policies. Tho Disclosing Party verifies that the following constitutes full disclosure of all such lecorda, inoluding the names of any and all slaves or slaveholders described in those recoa'ds:
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, Fot purposes of this Section VI, tax credits allocated by the City and proceed* of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have mode lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
n/a
(If no explanation appears or begins on the lines aboye, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persona or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on hehalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent nnd will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.J. above foihis or her 2obbyicg activities or to pay any person or entity to Influence ox 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 omployee of a member of Congress, in connection with the award of any federally funded contraot, making any federally funded grant or loan, entering into any cooperative agreement, orto extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
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The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy ofthe statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies' that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form aDd substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of die 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 [JNo 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 [JNo
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?
1 ( J Yes [ ) No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Diflolosing- Party understands and agrees that:
Tie certifications, disclosures, arid acknowledgments contained )n this EDS will become £>art of any contract or other agreement between 6he Applicant and tho City in connection, with the Matter, whether procurement, City assistance, or other City aolion, and are material inducements to the City'p execution of any contract ortJildng other action with respect to the Matter. The Disclosing- Parry understands that it most comply With, all statutes, ordinance's, and.regulations on which this EDS is ba^ed,
The Cir/tf Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impoBe certain duties and obligation* on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program ie available on Hue at www.cjtyofcliicafto.org/Ethicg > 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 Diaolosing Party nwst comply fully with the applicable ordinances'.
If the City determines that aay information provided in this EDS is false, incomplete or inaccurate, any conti&ct pr other agreement in cormocrioo with which it is submitted may be rescinded or bo void or voidable, and the Citymay 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 Parly "to participate In other transactions with the City. Remedies at law for a falso 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 of the information provided on this BDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, ot 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 authorises the City to verify the accuracy of any information submitted in this EDS.
B. The informetion provided in this EDS must be kept ourrent In the event of changes, the Disclosing Party mast 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 Piocurcmcnt Servlocs, the Disclosing Party must update this BDS as the contract requires. NOTE; With respect to Matters subject to Article I of Chapter 1-23 of the Municipal Code (imposing PERMAJVENT INELIGIBILITY for certain specified offenses), the information provided heroin regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Scotioa 2-154-020 ofthe Municipal Codo,
The Disclosing Party represents and warrants that
Page 11 of J3
F l. The Disclosing Party is aot delinquent in tho payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Patty or its Affiliated Entities delinquent in paying any fiao fee, tax. or other charge owed to the City. This includes, but ie not limited to, all water charges, sewer charges, license feeu, parking tickets, property taxes or sales taxes.
P.2 If the Disclosing Parry is the Applicant, the Disclosing Party and its Affiliated Entities will not us«, aoT permit their subcontracts to use, any facility fisted by tho U.S. E.P.A. on the federal Excluded Perries Li?t System ("EPLS") maintained by the U. S. Ooneral Services Administration.
F.3 If the Disclosing Parry ts tho Applicant, tho Disclosing Party will obtain from any contractors/subcontractors hired ot to be hired in couneoUon with the Matter certifications equal in form and subrfaucO to those ip F.J- and F.2. above tod will aot, without tho prior -written conoerrt of the City, use any «uoh contactor/subcontractor that doos not provide such certifications or that the Disclosing Part)' has reason to bob'eve has not provided or cannot provide truthful certifications.
HOTB: If Jhe Disclosing Party cannol certify as to any ofthe Items in F.l., F.2. or F,3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/sho is authorized to execute this BDS and Appendix A (if applicable) on behajf of the Disclosing Party, and (2) warrants that all OOTrifjoatic-ns and statemen-te contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to ihe City.
United tor Better Living Inc. NFP ,
(Fruit or type name of Disclosing Party)
(Sign here) pavfd Torfd WhKHey
(Print or rypo name of person signing)
President
(Print or type title of person aigning)
Signed and awom to before me on (date) KjO^*^W^ 2.^ (4 atjC^lC____ County, IC-L^tb^ (state).
Notary Poblic. l- OTWM.Vf«. '
. WWOMnmnOtSCH
Commission expires: t^f ' ^ . \ tyCwimiwon&pffaCoi w.idtj
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFnJAVTr APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Append ie to be coriwleted only by (a) me Applicant, and (b) any legal entity which, ha* a direct aymaniup Interest ia the Applicant exceeding 7:5 percent It Is not to be completed by any legal entity which has only an indirect ownership Interest in the Applicant
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouoe or Domestic Partner thereof currently has n '%mllial relationship" with any elected city-official or department head A "femillal relationship" exists if, aa of the date this EDS ia signed, the .DisclosbgParty or any "Appucable Party'Vor any Spouse or Domestic Partner thereof is rclatbd to the mayor, any alderman, the city elerJt, the ciry treasurer or any ctrydepartmerit head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt orrmcl^ niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather ox stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) oil executive officers- of the Disclosing Party listed in. Section HB J.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 tho DisclosingParty is a limited .partnership; all managers, managing members andmembers ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more than a 7.5 percent ownership Interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or my person exercising similar authority.
Does the Disclosing Party or any. "Applicable Part/' or any Spouse or Domestic Partner thereof currently have a "familial rdaa'anship'' with an elected city official or department head?
[JYes M No
If yes, please identify bolow (1) the name and title df such person, (2) tic d wnc of the legal entity to which such person is connected; (3) tho name and title of the elcoted city official or department bead to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
n/a
Page 13 of 13
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 percent (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 ofthe Municipal Code?
[ ]Yes [X]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 Section 2-92-416 ofthe Municipal Code?
[ ] Yes [ ]No [X] Not Applicable
If yes to (I) or (2) above, please identify below the name ofthe person or legal entity identified as a building code scofflaw or problem landlord and the address ofthe building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OF, THE ASSOCIATED EDS, AND THAT THE REPRESENTATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS wilh correct or corrected information)
RECERTIFICATION
Generally, for use wilh City Council matters. Not for City procurements unless requested.
This recertification is being submitted in connection with Purchase of Board of Education at 2?0 N. Kolmai [identify the Matter]. Under penalty of perjury, the person signing below: (I) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as ofthe date furnished to the City and continue to be true, accurate and complete as ofthe date of this recertification, and (3) reaffirms its acknowledgments.
United for Better Living. Inc. NFP • Date: C ! , sj
(Print or type legal name of Disclosing Part)')
By:
Print or type name of signatory:
Reverend David Whittley
Title of signatory:
President
[slate].
OFFICIAL SEAL JOHN P KELLY Notary Public - State ot ll.'lncis My Commission Expires ftb 27. 2016