OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
September 6, 2017
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 a sale of property at 2306 West Maypole on behalf of the Board of Education.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
Mayor
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 2306 W. Maypole Avenue, Chicago, Illinois, which is improved with the former Nathaniel Dett School ("School") that the Board closed in 2013; and
WHEREAS, the City, as Trustee, in Trust for Use of Schools holds title to the portion of the Property legally described and identified as the City Parcel on Exhibit A, attached hereto ("City Parcel"); and
WHEREAS, the Public Building Commission of Chicago ("PBC") holds title to the remainder of the Property legally described and identified as the PBC Parcel on Exhibit A, attached hereto ("PBC Parcel"); and
WHEREAS, pursuant to Section 34-21 (b) of the School Code, by a vote of no less than two-thirds (2/3) of its full membership, the Board determined that the Property has become unnecessary for use as a school, and that the sale of the Property is in the best interests of the Board; and
WHEREAS, the Board advertised the Property for sale and received two bids for the Property, which were opened in the Board's Department of Procurement and Contracts on March 13, 2017, the bid closing date; and
WHEREAS, one appraisal was made for the Property indicating the appraised disposition value of the Property, as follows:
Appraiser:" KMD Valuation Group LLC
Disposition Value as of March 1, 2017: $400,000 to $435,000; and
WHEREAS, on June 28, 2017, the Board, pursuant to Resolution Number 17-0628-OP3 (the "Resolution"), voted by more than two-thirds (2/3) of its membership to accept the bid from IFF, an Illinois not-for-profit corporation, in the amount of Four Hundred Thousand and No/100 Dollars ($400,000) (the "Purchase Price") for the Property, which bid the Board determined to be the highest responsible bid received for the Property; and
WHEREAS, IFF has proposed to repurpose and redevelop the School into the Westside Women's Wellness & Prosperity Center, in accordance with the use restriction set forth in Section 3 below; and
WHEREAS, the Resolution authorizes the City to convey the City Parcel to IFF in accordance with Section 34-21 (d)(1) of the School Code; 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 City hereby accepts the bid of IFF to purchase the City Parcel, provided that the aggregate dollar amount that IFF pays to the Board for the Property (i.e., the City Parcel and the PBC Parcel) equals the Purchase Price.
SECTION 3. The Mayor or his proxy is authorized to execute, and the City Clerk or the Deputy City Clerk is authorized to attest, a quitclaim deed conveying to IFF all right, title and interest of the City, as Trustee, in Trust for the Use of Schools, in and to the City Parcel, subject to the following use restriction:
The former Dett School gymnasium, auditorium, stage, kitchen and lunchroom, and library located on the first floor of the east wing of the School must be preserved and available for community programming and local community partnerships that provide three or more of the following services: (1) youth recreational programming during non-school hours; (2) educational programming during non-school hours; (3) youth mentoring and/or counseling programming; (4) job readiness, employment and vocational training; (5) GED and financial literacy classes; (6) culinary programming; (7) small business incubator space; (8) early childhood programming, including daycare. In addition, the City Parcel may not be used as a K-12 school, or for residential housing or for any industrial use which involves the storage of chemicals or hazardous substances. Title to the City Parcel will revert back 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 use restriction is breached without the prior written approval of the Board's Chief Operating Officer or grantee fails to use the City Parcel for any of the required uses listed above within three (3) years of the date of the deed.
The interest of the City, as Trustee, in Trust for the Use of Schools, in and to the City Parcel shall be conveyed in its "as is-where is" condition, and the deed conveying such interest shall provide that the City and the Board are to be released and discharged from any and all responsibility or liability with respect to the City Parcel's physical, structural and environmental condition.
SECTION 4. The Mayor, the City Clerk, and the Commissioner of the Department of Fleet and Facility Management (the "Commissioner"), or a designee of the Commissioner, are each authorized to execute and deliver on behalf of the City such supporting documents and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to implement the provisions of this Ordinance.
SECTION 5. 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 6. All ordinances, resolutions, motions or orders in conflict with this Ordinance are hereby repealed to the extent of such conflict.
SECTION 7. This Ordinance shall take effect immediately upon its passage and approval.
EXHIBIT A
(subject to final title commitment and survey) PROPERTY: FORMER R. NATHANIEL DETT SCHOOL ADDRESS: 2306 W. MAYPOLE AVE., CHICAGO, ILLINOIS
PINs: CITY PARCEL: 17-07-316-029 & -030 (CITY IN TRUST FOR USE OF SCHOOLS)
PBC PARCEL: 17-07-316-011, -031, -032, -042, -043, -048, -052, -053, -054, -055, -056 &-057
LEGAL DESCRIPTIONS:
Title Held By City of Chicago in Trust for Use of Schools (City Parcel)
LOTS 20 AND 21 (EXCEPT THAT PART THEREOF TAKEN OR USED FOR AN ALLEY) IN COUNTY CLERK'S SECOND DIVISION OF LOTS 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 14 IN BLOCK 56 IN CANAL TRUSTEES' SUBDIVISION OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Title Held By Public Building Commission (PBC Parcel)
LOTS 1 TO 6, BOTH INCLUSIVE, IN THE SUBDIVISION OF LOT 3 IN BLOCK 56 IN CANAL TRUSTEE'S SUBDIVISION OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY ILLINOIS; ALSO LOTS 1 TO 6, BOTH INCLUSIVE, AND 22 TO 28 BOTH INCLUSIVE (EXCEPTING FROM SAID LOTS 1 TO 6, BOTH INCLUSIVE, 22 TO 24 THAT PART TAKEN FOR ALLEY) ALL IN COUNTY CLERK'S SECOND DIVISION OF LOTS 1, 2 AND 4 TO 14 INCLUSIVE (EXCEPT STREETS) IN BLOCK 56 IN THE CANAL TRUSTEE'S SUBDIVISION OF, SECTION 7, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, AND VACATED ALLEY; ALSO
THAT PART OF LOT 6 IN SUBDIVISION OF BLOCK 56 IN CANAL TRUSTEES SUBDIVISION OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTH LINE OF SAID LOT 6, 31.11 FEET WEST OF THE NORTH EAST CORNER THEREOF; THENCE SOUTH 97.85 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF 16 FOOT PUBLIC ALLEY RUNNING THROUGH SAID LOT; THENCE EAST ALONG THE NORTH LINE OF SAID ALLEY 30.92 FEET TO A POINT ON THE EAST LINE OF SAID LOT 6; THENCE NORTH ALONG SAID EAST LINE 97.86 FEET, MORE OR LESS, TO THE NORTH EAST CORNER OF SAID LOT 6; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 6, 31.11 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS, (TORRENS CERTIFICATE NO. 755482, VOLUME 1516, PAGE 242) (EXCEPT THAT PART OPENED/DEDICATED FOR PUBLIC ALLEY).
SAID PBC PARCEL ALSO DESCRIBED AS FOLLOWS:
LOTS 1 TO 6, BOTH INCLUSIVE, IN THE SUBDIVISION OF LOT 3 IN BLOCK 56 IN CANAL TRUSTEE'S SUBDIVISION OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO
LOTS 1 TO 6, BOTH INCLUSIVE, AND LOTS 22 TO 28, BOTH INCLUSIVE, (EXCEPTING FROM SAID LOTS 1 TO 6 BOTH INCLUSIVE AND LOTS 22 TO 24, THAT PART TAKEN FOR ALLEY) ALL IN COUNTY CLERKS SECOND DIVISION OF LOTS 1, 2 AND 4 TO 14, INCLUSIVE (EXCEPT STREETS) IN BLOCK 56 IN THE CANAL TRUSTEE'S SUBDIVISION OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO
THE EAST-WEST ALLEY LYING BETWEEN THE EAST LINE OF LOT 1 AND A LINE 16 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 7 EXTENDED SOUTH IN COUNTY CLERK'S SECOND DIVISION AFORESAID, AS VACATED BY ORDINANCE RECORDED SEPTEMBER 6, 1962 AS DOCUMENT 18583269; ALSO
LOT 7 (EXCEPT THE WEST 16 FEET THEREOF DEDICATED FOR ALLEY BY ORDINANCE RECORDED SEPTEMBER 6, 1962 AS DOCUMENT 18583269) IN THE SUBDIVISION OF BLOCK 56 IN CANAL TRUSTEE'S SUBDIVISION OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
IFF,
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] the Applicant
OR
[ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
[ ] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
'which the Disclosing-Party-holds a right of control:
B. Business address of the Disclosing Party: 333 S. Wabash Avenue, Suite 2800 Chicago. IL 60604
C. Telephone: 312-596-5135 Fax: 312-629-0061 Email: rwallach@iff.org
Name of contact person: Rich Wallach
Federal Employer Identification No. (if you have one): /
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Includc.project number and location of property, if applicable):
Offer to purchase the former R. Nathaniel Dett School at 2306 W. Maypole Avenue Chicago, IL 60612
Which City agency or department is requesting this EDS? Board of Education . DFFM
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # 17-350014 and Contract #
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SECTION II DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party: [ ] Person
[ ] Publicly registered business cprporation [ ] Privately held business coiporation [ ] Sole proprietorship [ ] General partnership (3))7
[ ] Limited partnership [ ] Trust
[ ] Limited liability company
[ ] Limited liability partnership
[ ] Joint venture
[X] Not-for-profit corporation
(Is the not-for-profit coiporation also a 501(c)
[XT Yes [] No
[ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to
do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No [X] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such mRniher^yriie.^Dn iT)ejrihei-s " For trusts, estates or other similar entities, list below the legal titlchplder(s). (gD^EMBERS^
If the entity is a general" partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Joe Neri CEO
Matt Roth COO
Lloyd Shields CFO
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a coiporation, partnership interest in a partnership or joint venture,
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interest of a member or manager, in a limited liability company, or interest of a beneficiary of a Irust,
estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the
Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information
from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest m the
Disclosing Party
None
SECTION III -- BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Mufflieiipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes [X] No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney,, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and JhetotaJ amount of the fees paid or estimated to be paid. The Disclosing Party is not required lo disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative- or admilniistirafive action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Parly is uncertain whether a disclosure is required under this Section, (he Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
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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 "tbd" is
not an acceptable response.
DLA Piper 444 West Lake Street. Suite 900 zoning atty. $10,000 estimated (none to date)
Chicago, TlluiQis_£0ti06-00S3 to he retained
(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
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under. Municipal Code Section 2-92-415, substant ial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No [X] No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
B: FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has,ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the. City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article 1 supersedes some five-year compliance timeframes in certifications 2 and 3 below.
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The Disclosing Party and. if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to. obtain, or performing a public, (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen properly;
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 clause B.2.b. of this Section V;
have not. within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a fi ve-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the Oily or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Parly, is controlled'by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Parly, 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").
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Neither the Disclosing Parlynor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the-five years before ihe date this EDS is signed, or. with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract .or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United Slates 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 a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or;
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Parly, 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 slate 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 any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
6: The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
7. 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:
Page 6 of 13
If the letters "NA," the word "None." or no response-appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after- reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
none
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date'of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food ordrink provided in the. course of official City business and having a retail value of less than S20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
none
G CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
1. The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is ' [X] is not
a "financial institut ion" as-defined in Section 2-32-455(b) of the Municipal Code.
2: If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender.as defined in Chapter 2-32 of the Municipal Code. Wc understand that becoming a predatoryTendcr or becoming an affiliate of a predatory-lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
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If the letters "NA." the word "None." or no response appears on the lines above, it will be conclusively presumed that the Disclosing Parly 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 of the City have a financial interest in his or her own name or in the name of any other person or entity1 in the Matter?
[ ] Yes [X] No
NOTE:-If you checked "Yes" to Item D.I., 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 her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pur suant 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. 1., provide the names and business addresses of the City officials or employees havingsuch interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2.
Page8ofl3
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 MATTER'S NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Paity with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. 1. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
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The Disclosing Party will submit-an updated certification at the end of each calendar quarter in which there occurs any even! 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: (!) it is not an organization described in section 5,01 (c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in foim and substance to paragraphs A. 1. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No If "'Yes," answer the lliree 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.)
t ] 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?
[]Yes []No
3. 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 ah explanation:
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SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Patty 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 and Campaign Financing Ordinances, Chapters-2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or. transactions. The full text of these ordinances and a training program is available on line at www.citvofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
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 riot rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on.its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information. Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS:must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article 1 of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and. Section 2-154.-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11,of 13
F. 1. The Disclosing Party is not delinquent in the payment of any lax administered by the Illinois Department of Revenue, nor are the Disclosing Parly or its Affiliated Entities delinquent in paying any Fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F,2 If the Disclosing Party is the Applicant, the Disclosing Party and iis Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3. If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter-certifications equal in form and substance to those in F. 1. and F.2. above and will riot, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the items in F. 1., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the: Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
IFF
(Print or type name of Disclosing Party)
(Sign here) Malt Roth
(Print or type name of person signing)
Chief Operating Officer
(Print or type title of person signing)
Signed and sworn to before me on (date) /I' jd/L/J 1 10, '^01 ""t
at (lop L County, ^77/ ,1q~/c (state).
< '0;rRCi/-., LAL h
« DONNA K. rf-iELDS > 1 NOTARY PUBLIC, S7V-T IF ILLINOIS ' ' My Commission Expire sept. 15 2018 >
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which lias only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015S 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 Parly 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 of the Disclosing Party listed in Section II.B. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner diereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [X] No
l
If yes, please identify beiow (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
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 of the 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 of the Municipal Code?" ;
[ ] Yes f ] No £KNot Applicable
If yes to (1) or (2) above, please identify below the name of the 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.
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 PENALT Y OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
Page 14 of 13
IFF Board of Directors - 201 /
Joe Antolin
Antolirv& Associates 1426 Dempster Eva'nston, IL 60202
Joseph N. Gomez
Senior Vice President and Director of Business Development Byline Bank
180 N LaSalle Street, 3rd Floor Chicago, IL 60601
George P. Surgeon
President and CEO
GSJ Advisors, Ltd
100 North LaS.alle, Suite 1710
Chicago, IL 60602
Richard Klawiter
Partner DLA Piper
203 North LaSalle Street Chicago, IL 60601
Kristine Garrett
Managing Director, Head of Private Wealth The Private Bank 120 S. LaSalle Street Chicago, Illinois 60603
Steve Kent
Managing Director & Vice Chairman
Piper Jaffray
300 N LaSalle Street
Suite 200
Chicago; IL 60654
Amir Kirkwood
Partner
Next Street Financial, LLC 37 W 20lh Street
New York, NY 10011 646-392-9797 Office
John Sassaris
Senior Vice President, Commercial Banking MB Financial Bank, NA. 600 West Madison Street Chicago, IL 60607
Rodney Jones-Tyson
Managing Director Robert W Baird&Co. 227 W. Monroe Street Suite 2100 Chicago, IL 60606
Guadalupe Preston
Executive Director Central States SER, Jobs for Progress Inc 3948 W 26th St, Suite 213 Chicago, IL
Deborah Kasemeyer
Senior Vice President The Northern Trust 50 South LaSalle Street Chicago, IL 60603
MarySue Barrett
President
Metropolitan Planning Council 140 South Dearborn St #1400 Chicago, IL 60603
Alicia Berg
Assistant Vice President, Campus
Planning + Sustainability
The University Of Chicago - Facilities
Services
5235 S Harper a , Suite 1200 Chicago, IL 60615
Oscar D. Johnson, Jr.
BMO Harris Bank
Regional President, Business Banking 111 W. Monroe, Floor 2 East Chicago, IL 60603
(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 with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
This recertification is being submitted in connection with The Purchase of Chicago School Property* [identify the Matter]. Under penalty of perjury, the person signing below: (1) 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 of the date furnished to the City and continue to be true, accurate and complete as of the date of this recertification, and (3) reaffirms its ac kno wledgments.
By:
(sign here)
Print or type name of signatory:
Title of signatory:
V
Signed and sworn to before me on [date] % / 7 -\ j Z^1 ( 7 by
i i/ iX.U A & f.:3, at Coo K~ County, /
Commission expire»f
Vtr. 11-01-05
^'Purchase of the former Dett School at 230G W. Maypole City holds title to a portion of property in Trust for Use of Schools.