OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
July 20, 2016
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Fleet and Facility Management, I transmit herewith ordinances authorizing the execution of lease agreements.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1: On behalf of the City of Chicago as Landlord, the Commissioner of the Department of Fleet and Facility Management is authorized to execute a Lease Amendment with Sweetwater Foundation, as Tenant, to permit the expansion of the leased premises from approximately 63,639 square feet to 84,124.9 square feet for the property located at 5700 South Lafayette Avenue; such Lease to be approved by the Commissioner of the Department of Planning and Development as to form and legality by the Corporation Counsel in substantially the following form:
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "First Amendment") is entered into as
of this day of , 2016, by and between the CITY OF CHICAGO, an Illinois municipal
corporation and home rule unit of government ("Landlord" or "City"), and SWEET WATER FOUNDATION, an Illinois not-for-profit corporation ("Tenant").
RECITALS
Landlord and Tenant entered into that certain Lease dated as of October 13, 2014 (the "Lease"), wherein Landlord leased to Tenant, and Tenant leased from Landlord, certain premises consisting of approximately 63,639 square feet of vacant land located at 5700 South Lafayette Avenue, Chicago, Illinois (the "Premises"), as more particularly described in the Lease.
Landlord and Tenant now desire to amend the Lease in certain respects, all as more specifically set forth below.
NOW THEREFORE, in consideration of the mutual covenants of the parties herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Recitals and Terms of Art. The Recitals are incorporated herein by reference and made a part of this First Amendment. All capitalized terms used herein shall have the same meanings as they do in the Lease, unless otherwise expressly provided herein.
Commencement. This First Amendment will commence on the later of (i) the execution of this First Amendment, and (ii) the conveyance of Expansion Parcel 3 (as defined in Exhibit A) from Openlands to the City.
Expansion of Premises. The Premises are hereby expanded to include the parcels described in Exhibit A attached hereto, upon all of the terms, covenants and conditions of the Lease, except as hereinafter set forth. The expanded Premises now include three parcels of vacant land, and one parcel with a 2 story single family home (the "Building").
Condition of Premises. Tenant agrees to accept the Premises in their current "as is" condition, without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability) made by Landlord or Landlord's agents to Tenant or Tenant's agents and without any obligation or promise on the part of Landlord to alter, remodel, improve, or repair the Premises or any part thereof.
Use ofthe Premises. The Use of the Premises is expanded to include the operation of Tenant's offices in the Building. Exhibit B from the Lease is replaced with Exhibit B attached hereto, showing the layout of the Use of the Premises.
|1010|6. Additional Responsibilities of Tenant. The provisions of this Section 6 do not replace any of Tenant's existing obligations under the Lease, but rather expand upon such obligations. Tenant's responsibilities are expanded to include the following provisions related to the Building.
Locks. Tenant shall pay Landlord for the replacement of locks on the Building upon the termination or expiration of the Lease, if the Lease is not renewed.
Utilities. Tenant shall pay when due all charges for gas, electricity, water, sewer, telephone, other communication services, and any other utilities and charges that may be assessed on the Building during the Term, or as a result of, Tenant's occupancy of the Building. Landlord shall not have any responsibility for providing, delivering, or paying for any utilities supplied to the Building.
Custodial Service. Tenant shall provide and pay for custodial services for the Building, including any carpet cleaning and window washing. Tenant shall be responsible for keeping the Building clean and free of debris. Tenant shall provide and pay for any exterminator service for the Building whenever such services are reasonably necessary.
Scavenger/Dumpster Services. Tenant shall provide and pay for scavenger/ dumpster services for the Building.
Maintenance. Tenant shall provide, at Tenant's expense, any and all engineering service for all maintenance and repair of the exterior and interior of the Building, including all structural, mechanical, electrical, and plumbing components (including private drain) and systems, the roof, the HVAC system, and any and all maintenance that is necessary to maintain the Building.
Fixtures. Tenant shall maintain the fixtures located within the Building, such as sinks, toilets, and light fixtures.
Fire Extinguishers, Smoke Detectors, and Carbon Monoxide Detectors. Tenant shall provide and maintain required fire extinguishers, smoke detectors, and carbon monoxide detectors in the Building in accordance with applicable laws.
Basement. Tenant shall clean up and debris or damage from flooding to the basement ofthe Building.
i. Gutters. Tenant shall clean the roof gutters whenever such cleaning is
reasonably necessary.
j. Security. Tenant is responsible for providing security services to the Building that Tenant deems necessary. Tenant acknowledges that Landlord shall not have any security obligations relative to the Building, to any activities within the Building, nor to any persons entering the Building.
?
k. Accessibility. Tenant is responsible for ensuring that the Building complies with all applicable Laws regarding accessibility standards for persons with disabilities or environmentally limited persons, including the following: the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, the Architectural Barriers Act Pub. L, 90-480 (1968), and the Uniform Federal Accessibility Standards; and the Illinois Environmental Barriers Act, 410 ILCS 25/L et seq, and all regulations promulgated thereunder, see Illinois Administrative Code, Title 71, Chapter 1, Section 400.110. If the above standards are inconsistent. Tenant must assure that the Building comply with the standard providing the greatest accessibility.
Incorporation of Amendment; Reaffirmation of Lease. Landlord and Tenant hereby agree that (a) this First Amendment is incorporated into and made a part ofthe Lease, (b) any and all references to the "Lease" in the Lease hereinafter shall include this First Amendment, and (c) except as specifically amended herein, the terms and conditions of the Lease remain unchanged and in full force and effect.
Counterparts. This First Amendment may be signed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
IN WITNESS WHEREOF, Landlord and Tenant have executed this First Amendment as of the date first set forth above.
LANDLORD:
CITY OF CHICAGO,
an Illinois municipal corporation and home rule unit of government DEPARTMENT OF PLANNING AND DEVELOPMENT
By: ;
Commissioner
DEPARTMENT OF FLEET AND FACILITY MANAGEMENT
By:
Commissioner
APPROVED AS TO FORM AND LEGALITY: BY: THE DEPARTMENT OF LAW
By:
Deputy Corporation Counsel Real Estate Division
TENANT:
SWEET WATER FOUNDATION,
an Illinois not-for-profit corporation
By:
Title:
|1010|
Exhibit A Expansion of Premises
Legal Description (Subject to Title Commitment and Survey)
Expansion Parcel 1: Approximately 14,987.2 square feet of vacant land with a common
address of 5736-5750 S. Perry Avenue.
Legal Description: LOTS 13 THROUGH 18, INCLUSIVE, IN RODECK'S SUBDIVISION OF THE WEST 411.2 FEET OF THE SOUTH HALF OF LOT 5 OF SCHOOL TRUSTEES SUBDIVISION OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PINs: 20-16-219-035 through-040
Expansion Parcel 2: Approximately 3,021.2 square feet of vacant land with a common
address of 5737-5741 S. Perry Ave.
Legal Description: THE WEST 58.1 FEET OF LOTS 11 AND 12 IN RODECK'S SUBDIVISION OF THE WEST 411.2 FEET OF THE SOUTH HALF OF LOT 5 OF SCHOOL TRUSTEES SUBDIVISION OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
PINs: 20-16-220-001 and-002
Expansion Parcel 3: Approximately 2,477.5 square feet of land improved with a two (2)
story single family home (the "Building") with a common address of 5749 S. Perry Avenue.
Legal Description: LOT 8 IN RODERICK'S SUBDIVISION OF THE WEST 411.2 FEET OF THE SOUTH HALF OF LOT 5 OF SCHOOL TRUSTEES SUBDIVISION OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 20-16-220-006
|1010|
Exhibit B (to be attached)
|1010|
5700 S. Lafayette Ave. Lease No. 20313
SECTION 2: This Ordinance shall be effective from and after the date of its passage and approval.
tTJ'y OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AEEIDAVIT
SECTION I - GENERAL INFORM ATION
A. Legal name of tho Disclosing Parly submitting this F.DS. Include d/b/a/ if applicable: Sweet visiter Foundation
Check ONE of (he following three boxes:
Indicate wheihe: the Disclosing Party subniilting this EDS is:
[xj the Applicant
OR
[ ] a legal entity holding a direct or indirect interest in the Applicant. Stale the lcp,al name of lhc
Applicant in which 1he Disclosing Party holds an interest.: _
OR
3. | ] a legal entity with n right of" control (sec Section II.B.L) State the legal name ofthe entity in
which the Disclosing Parly holds a right of control; .
Business address ofthe Disclosing Parly: .JJ*^. jL4tiL?treBl:-
Chicago, II> H0643 _
Telephone: 7/.l-349-24ft9 F;ix: Kmait:ewniatiuolM*ceWdtorName of contact person: Jr.mmani^l.Pratt
Federal Kmployei Identification No. (if you have one): : """'
Brief description of contract, transaction or other undertaking (referred lo below as the "Mallei") t.o which this HDS pertains. (Include project number and location ofproperty, if applicable):
Amendment of Lease No. 20313 for City owned properties located at 5700-28 S. Lafayette Ave., 5736-50 S. Perry Ave, 5737-41 S. Perry, rear 40 feet of 5743-S. Perry, and 5749 S. Perry Ave.
G. Which Cily agency or department is requesting this EDS7. Pop! of Fleet & Facility Mgmt.
If the Matter is a contract being handled by the, City's Department ol' Procurement. Services, please complete the following:
Specification h _ and Contract ii
Page 1 of 13
SECTION II - DISCLOSUKE OF OWNERSHIP INTERESTS
A, NATURE OF THE DISCLOSING PAHTV
1. Indicate (he nature of lhc Disclosing Party:
! j Person [) Limited liability company
[ J Publicly registered business corporation [ ] Limited liability partnership
f. ] Privately held business corporation j ] Joint vcntine
f j Sole proprietorship fX ] Nol-for-profif corporation
[ ] Gclient! partnership (Ik Hie not-for-profit corporation also a 501 (c)(3))?
! J Limited partnership (X ] Yes ( ] No
f] Trust [i Olher (please specify)
2. For legal entities, the slate (or foreign country) of incorporation or organization, if applicable:
.Wisconsin
3. For legal entities not organized in ihe State of Illinois: Mas ihe organization registered to do
business in Ihe State of Illinois as a foreign entity?
[X I Yes [ | No f] N/A.
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. Lisi below the full names and lilies of all executive officeis and al! directors of lhc entity. NOTE: For not-for-piofit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal tifioho]der('s).
H the enlily is a general pannership, limited pailnership, limited liability company, limited liability partnership oijoini venture. lisi below the name and title ofeach general partner, managing member, manager or any other poison or entity lhat 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
r.innuinuQt Piotl f^(JOutrye.Pii\;H:lor
.I.iri.i Godftii. _ jaoia'alRresifionl
.ChayaJlayak • ^iijd_Soc;relaix „ _,
Board Mombors:7'odd Leech, Lisa Kornick, Stephanie Anderson, Martha Davis_Kipcak. Chantello Brower, Okun Jeyifo, Marysella Castillo, Kenneth Fuller, Joe Recchie. Legal Entities - No Members.
2. Please provide (he following information concerning each person or entity having a direct or indircei beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a membci or m suae or in a limilcd liability company, or interest of a beneficiary ol a trust, estate or other similar entity. If none, state "None." NOTE. Pursuant to Section 2-i M-030 ofthe Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full dise.'osmc.
Name Business Address Percentage lnteiesl in the
Disclosing Party
. None _ __
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined iu Chapter 2-156 ofthe Municipal Code, with any Cily elected official in the 12 months before the dale this EDS is signed?
[] Yes (Xl No
If yes, please identify be.'ow the namc(s) of such Cily elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Pally most disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who arc paid solely through the Diselosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity othei than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must cither ask the City whether disdosuic is lequired or make the disclosure.
Page 3 of \3
Name (indicate whether Business Relationship to Disclosing Party Pecs (indicate whether
ictained or anticipated Addiess (stibconliaclor, attorney, paid or estimated.) NOTE:
to he retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
Nop/." . „ ._„
(Add sheets if necessary)
fX) Check here if the Disclosing Party has nol retained, nor expects to retain, any such persons 01 entities. SECTION V - CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance wilh their child support obligations throughout the contract's term.
Has any person who dhedly or indirectly owns 10% or more ofthe Disclosing Parly been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
I ] Yes ' [ ] No [xj No person directly or indirectly owns 10% or more ofthe
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment, of nil support owed and is the person in compliance with lhal agreement?
t ] Yes [) No
B. FURTHER CERTIFICATIONS
1. Pursuant lo Municipal Code Chapter 1-23, Article 1 ("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 die Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, oi placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the Cily or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article 1 is a continuing requirement for doing business wilh the Cily. NOTE: If Article I applies to lhc- Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
2. The Disclosing Paiiy and, if ihe Disclosing Paity is a legal entity, all of those persons or entities identified in Section II.B. 1. of this EDS;
a are not. presently debarred, suspended, proposed for debarment, declared ineligible or vohintaiily excluded from any transactions by any federal, stale or local unit of government;
have not, within a five-year period preceding the date cf 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 liaiisaclion; a violation of federal or slate antitrust statutes; fraud; embezzlement; theft; forgery; bribery; 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, slate or local) with committing any of the offenses set forth in clause E.2.b. of this Section V;
have not, within a fi ve-yeai period preceding ihe date of this EDS, had one or more public transactions (federal, stale or local) terminal cd for cause or default; and
have not, within a live-year period preceding the dale of this HDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
3, The certifications in subparts 3,'A and 5 concern:
• the Disclosing Parly;
* any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with Ihe Mailer, including but nol limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
• any "Affiliated Enlity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Parly, 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 enlity following the ineligibility of a business enlily to do business with federal or stale or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect io Contractors, Ihe term Affiliated Entity means a person or entity that directly or indiicctly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
? any responsible official ofthe Diselosing Parly, any Contractor or any Affiliated Entity or any other official, agent or employee of the. Disclosing Parly, any Conlraclor or any Affiliated Enlity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or "any Affiliated Entity (collectively "Agents").
PageS oi" 13
Neither lhc Disclosing Parly, nor any Con tract cr, nor any A Inhale'.! Entity of cither the Disclosing Parly or any Contiaclor nor any Agents have, tlurinf, the live years before the dale Ibis EDS is signed, or. with respect 10 a Contractor, an Affiliated Entity, oi an Affiliated Entity of a Contractor during the five years before the dale of such Contractor's or Affiliated Entity's contract 01 engagement in connection with the Matter:
bribed or attempted 50 bribe, 01 been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the Cily, the State of Illinois, or any agency of the federal government or of any state or local government in the United SliM.es of America, in thai officer's or employee's official capacity;
agreed or colluded wiih other bidders or prospective biddois, or been a party lo 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 lo bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted fnt 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, is barred fioir. contracting with any unit of stale or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33B-3; (2) bid-rotating iu violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or ofthe United States of America lhat contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Parly nor any Affiliated Entity is listed on any ofthe following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department ofthe Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Enlity List and the Debarred List.
The Disclosing Party understands and shall comply wilh the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of (.he Municipal Code.
If the Disclosing-Parly is unable lo certify to any ofthe above statements in this Part D (Further Certifications), the Disclosing Parly must explain below:
Page 6 of 13
If tho letters "NA," the word "None." or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified lo the: above statements.
8. To the best ofthe Diselosing Parly's knowledge after reasonable inquiry, lhc following is a complete list, of all current employees of the Disclosing Parry who were, at any time during the 12-monlh period preceding lhc execution date of this LDS, an employee, or elected or appointed official, ofthe Cily ofChicago (if none, indicate wilh "N/A" or "none").
9. To the best ofthe Disclosing Party's knowledge ufiei reasonable inquiry, the following is a complete list of all gifts lhal the Disclosing Paity has given or caused to be given, ai any time- during, the. 12-monlh period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City ofChicago, For purposes of this statement, a "gift"-does not include: (j) anything made generally available to Cily employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail vaiuc of less than $20 per recipient (if none, indicate with "N/A" or "none"). As lo 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 thai the Disclosing Parly (check one)
T1 is Ixl is not
a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Parly pledges:
"We are not and will nol become a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. Wc further pledge thai none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of (he Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe privilege of doing business with lhc City."
If the Disclosing Party is unable to make ihis pledge because il or any of its affiliates (as defined in Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages if necessary):
None-
Page 7 of 13
If (.he Idlers ''NA." the word "None.," or no response appears on lhc lines above, il will be conclusively piesumed (hat the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or Icrms that are defined in Chapter 2-156 of the Municipal Code have lhc same meanings when used in this Pan. D.
In accordance with Section 2-156-110 of the Municipal Code: Docs any official or employee of the. City have a financial interest in his or her own name or in the name of any other person or enlity in (he Matter?
[]Ycs [X]No
NOTE: If you cheeked "Yes" to Rem D.l., proceed to Items D.2. and D.3. If you cheeked "No" to Item D.l., proceed to Part E.
Unless sold pursuant lo a process of competitive bidding, or otherwise peiraittcd, no Cily elected official or employee shall have a-financial interest in his or her own name or in the na.mc of any olher person or entity in the purchase oi"any properly that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation foi property taken pursuant lo the City's eminent domain power docs not constitute a financial interest within the meaning of this Part D.
Docs lhc Mailer involve a City Property Saic?
f I Ves C ] No
If you cheeked "Yes" to item D,l., provide the names and business addresses ofthe Cily officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclos-'ng- Party fur .her cer.tfi.c-s lhal no "inhibited i'inar.eui) interest i.1 the Matter will
ha actjiiiied by any City official ot employee.
E CEUTIP1CATJON REGARDING SLAVERY BRA BUSINESS
Please check either !. or 2. b;lo\v. II ;Iic Diselosing Party checks 2 , the Disclc&mg Party jnus*. discu^e bc'.ow or in an anaehmenl to :hh HDS ail mi'os miuioi: requited by paragraph 2. Failure to
Pago So! 13
comply will) these disclosure requirements may make any contract, entered inlo v/i'h the City in connection with the Mailer voidable by the City.
¦ 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 lo or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Parly verifies that as a result of conducing the search in step i above, the
Disclosing Pany has found records ofinvestments or profits from slavery or slaveholder insurance policies, The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE; If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII, For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations ofthe City arc not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below Ihe names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if she word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under (he Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Parly with respect to the Matter,)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay-any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, ir. connection with the award of any federally funded contract, makiug-any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disclosing Party will submit an updated cenification at the end of each calendar quarter in which there occuis any event t.hat materially affects the accuracy ofthe statements and information set ibith. 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 (:i) it is an organization described in section
501 (c)(4) ofthe .Internal Revenue Code of 1986 but has not engaged and will nol engage in "Lobbying Activities".
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 (he Disclosing Party must maintain all such subcontractors' certifications for ihe duration ofthe Mailer and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNE! Y
Jf the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors lo submii the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Parly the Applicant?
II 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? (Sec 41 CFR Pan 60-2.)
t J Yes f ] No
Have you filed with the Joint Reporting Committee, the Director ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due undei the applicable filing requirements?
? Yes []No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
f ] Yes [ ] No
If you checked "No" lo question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VIE- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
1 he Disclosing Parly understands and agrees (hat:
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 piocuicnient City assistance, or other City action, and arc material inducements lo the City's execution of any contract or taking oilier action wilh respect lo the Matter. The Diselosing Parly understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions, i he full text of these ordinances and a training program is available on line at www.cityofell:cago.org/Blhics , and may also be obtained from tho City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IE 60610, (312) 744-9660. The Disclosing Party must comply fully with ihe applicable ordinances.
Jf the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection wilh 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 nol rescinded or void), al law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy lo make tin's document available to the public on its Internet site and/or upon icqtiest. Some or all ofthe information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Diselosing Party waives and releases any possible lights or claims which il may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E. The information provided in this EDS must be kepi current. In the event of changes, the Disclosing
Paily must supplement this EDS up to the time the City lakes action on the Matter. If lhc 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: Wilh respect to Matters subject lo Article I of
Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.
Tho Disclosing Party represents and warrants that;
Page H of 13
F.l. The Disclosing Parly :s no: delinquent in llic payment ni'
F.2 If the Disclosing Pai ly is the Applicant, the Disclosing party and its Affiliated Entities will not use. nor permit their subcontractor* to t*e, any /'acilily listed by the U.S. P.P. A. on the federal Excluded Pasties List System ("MPLS") maintained by the V S. General Services Administration.
F.3 If the Disclosing Party ts the Applicant, the Disclosing Party will obtain from any coijtractors/xubco:::!ac.to;s hired or io be hired in connection with the Viaucr certifications equal m form and substance io those in I'M. and F.2 above and will not, witnout the prior written consent of the City, use any such eontiaetoiVsubconiracior thai does not provide such certifications or that the Disclosing Party hits reason io believe has run provided or cannot provide truthful certifications.
NOTE: 11'the Disclosing Party cannot certify as to any ofthe items in F.l F.2. or F.3. above, an explanatory statement must be attached to this HDS.
CERTIFICATION
Vv.da penalty o;'perjury, the person signing below (i) warrants that, hc-'she is authorized to execute this EDS and Appendix A (if applicable) or. behali of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) arc true, accurate and complete as of the date furnished to the Cny.
Sweet Water Poundsiion (Print or type name of Disclosing Party)
Hmmanuel Pratt
(Ptini or type name of person signing)
Executive Director (Prim or type title of person signing;
Signed aj>)t sworn lo be fore, ore on (date). $¦¦ "ZO -;./ &
»r _ .C.X\C. 'h JAninty. ^ ... , sj.'Z. ._. C-sLatc).
Notary Public.
i
Commission expires: U 2-^—/(q
CITY OJ''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) (he. Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7,5 percent. K is not ty be completed by any legal entity which has only an indirect ownership interest in die Applicant.
Under Municipal Code Section 2-154-015, die Disclosing Parly must disclose wbolhei such Disclosing I'nriy or.-my "Applicable Parly" or any Spouse or Domestic Partner (hereof currently has a "familial relationship" with any elected cily official or department head. A "larvulisl relationship5' exists if. as of the date this EDS is signed, ihe- Disclosing Party or any "Applicable Parly" or any Spouse or Domestic I'm titer thereof is related to the mayo:, any a ki cm Kin, (he cily clerk, the city treasurer or any eiiy department head as spouse or domestic partner or as ;:;iv of the followhu-,, v/hcthci by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandpa rent, nramlchikl. father-in-law, mother-in-law, son-in-law, daughter-in-law, sicplathcr or stepmother, stepson or stepdaughter, stepbrother or stepsister or haif-broibor o; half-sisLcr.
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section II.B.l.a , ii She Diselosing Party h, a corporationeall partners of lhc Disclosing Party, if tho Disclosing Party is p.- general . partnership; all genera! partners and limilcd partners of the Disclosing Party, if the Disclosing Party is a limited pai inership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Parly is a limited hVojlity company; (?,} all pi incipal of/iccis ofthe Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in Ihe Disclosing Paity. "Principal officers" means the president, chief operating officer, executive direetoi, chief fiiiiuncia! officer, treasurer or secretary of a legal entity ov 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 cily official or department head?
! I Yes fx} No
If yes, please identify below (1) lhc name and title of such" person, (2) the name ofthe legal entity to which such peisun k connected: (3) the name and title of the elected city official oi department head lo whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLA W/PROBLEM LANDLORD CERTIFICATION
This Appendix is to he completed only hy (ii) the Applicant, and (h) any legal ciitiCy which has a direct ownership interest in the Applicant exceeding 7.5 percent (an "Owner"). It is not to be completed hy any legal fit tit}' which has only an indirect ownership interest in the Applicant.
Pursuant to Municipal Code Section 2-154-010, is ihe Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 ofthe Municipal Code?
i I Yes |xl 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 of the Municipal Code?
I j Yes [ ] No [X| Not Applicable
3. 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 of the building or buildings to which the pertinent code violations apply.
PILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OK, 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.