NOT FOR PROFIT ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 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 City wishes to support the charitable, educational and philanthropic activities of established not-for-profit corporations and encourage the continued viability and growth of such activities; and
WHEREAS, many not-for-profit corporations own property that adjoins streets and alleys that are no longer required for public use and might more productively be used in furtherance of such activities; and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by providing support for such charitable, educational and philanthropic activities; and
WHEREAS, the City can promote strong communities by facilitating services to the public, and increase the City's job base through the vacation of public way for no compensation; and
WHEREAS, the properties at 4044-4210 S. Keeler Avenue and 4045-4211 S. Keeler Avenue are owned by Greater Chicago Food Depository, an Illinois not-for-profit corporation ("Developer"); and
WHEREAS, the Developer proposes to use the portion of the public street to be vacated herein for a connection between their existing plant and a new meal preparation facility, a demonstration garden and accessory parking; and
WHEREAS, the City Council of the City, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of parts of the public street described in this ordinance; now therefore,
Page 1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. VACATION OF THAT PART OF S. KEELER AVENUE 66 FOOT WIDE RIGHT OF WAY IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 38 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPLE MERIDIAN, AS DEDICATED PER DOCUMENT NUMBER 92443410, RECORDED JUNE 18,1992; SAID PART OF S. KEELER AVENUE IS BOUND TO THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF W. 40TH STREET AND BOUND TO THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF W. DISTRICT BOULEVARD (AKA W. ANN LURIE PLACE), ALL IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 67,320 SQUARE FEET OR 1.545 ACRES, FEET MORE OR LESS as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit A, which drawing for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The Commissioner of the Chicago Department of Transportation is hereby authorized to accept and approve a redevelopment agreement or similar instrument restricting the use and improvement of the public way vacated in Section 1 of this ordinance to social service purposes which include, but shall not be limited to, the processing, preparation and charitable distribution of foodstuffs, and for such use and improvements that are accessory, as that term is defined in the Chicago Zoning Ordinance, to such social service purposes, such uses and improvements to be owned and operated by a not-for-profit corporation, subject to the approval of the Corporation Counsel as to form and legality. The restriction on use and improvement in the redevelopment agreement or similar instrument shall be for a term of forty (40) years and upon breach of such restriction the public way herein vacated shall revert to the City and be subject to the terms and conditions of the dedication by which it has been heretofore held by the City.
SECTION 3 The vacation herein provided is made upon the express condition that the Developer abandon, at its sole cost and expense, the (i) one 8-inch water main ("Water Main") within the to be vacated area that was installed in 1940; (ii) three fire hydrants; (iii) two 6-inch valves; (iv) two 8-inch valves; and (v) three 12-inch valves, all associated with the Water Main and-subject to the conditions memorialized in the Chicago Department of Water Management's June 27, 2019 letter ("Water Department's June 27, 2019 Letter") attached hereto and made a part hereof as Exhibit B.
SECTION 4. The vacation herein provided is made upon the express condition that, subject to the conditions memorialized in the Water Department's June 27, 2019 Letter, attached hereto and made a part hereof as Exhibit B, the Developer shall (1) maintain as private sewers, at its sole cost and expense, the one 15-inch sewer main and appurtenances on S. Keeler Avenue extending from W. 40th Street approximately 92 feet south; and the one 15-inch to 21-inch sewer main and appurtenances on S. Keeler Avenue extending from W. Ann Lurie Place approximately 756 feet; and (2) that the to be vacated shall be subject to the Chicago Stormwater Regulation requirements upon development; and (3) any Developer abandonment of the sewer facilities on S. Keeler Avenue must (i) meet the Sewer Section's requirements; and (ii) any abandonment must be approved by the Sewer Section all at the Developer's sole cost and expense.
Page 2
SECTION 5. The City hereby reserves for the benefit of Commonwealth Edison and AT&T/SBC, and their successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, and for telephonic and associated services, under, over and along the street herein vacated, with the right of ingress and egress. The grade of the vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison and/or AT&T/SBC facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without the express written release of easement by the aforementioned involved utility(ies). Any future relocation of facilities lying within the area herein vacated that is requested or necessitated by the Developer or its successors or assigns will be accomplished by the involved utility, and be done at the expense of the Developer, its successors or assigns.
SECTION 6. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, the Developer shall deposit in the City Treasury of the City, a sum sufficient to defray the costs of removing paving and curb returns, and constructing sidewalk in accordance with the most current version of the Chicago Department of Transportation's Regulations for Opening, Repair and Construction in the Public Way and its appendices.
SECTION 7. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance the Developer shall file or cause to be filed in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a redevelopment agreement or similar instrument complying with Section 2 of this ordinance, and approved by the Corporation Counsel, and the attached plat as approved by the ! Superintendent of Maps and Plats.
SECTION 8. This ordinance shall take effect and be in force from and after its passage and publication. The vacation and plat shall take effect and be in force from and after their recording.
Page 3
Vacation Approved:
Thomas Carney Acting Commissioner of Transportation
Approved as to Form and Legality:
Arthur Dolinsky Senior Counsel
Introduced By:
Honorable Edward Burke
Alderman, 14th Ward
Page 4
EXHIBIT "A"
150'
SCALE 1"
FOUND 5/8' IP ON-LINE
FOUND 5/8" iP AT CORNER
- W 46TH SilHfcbl
300
H^66,Q0^M
S88,,30'02"W M —
W. DISTRICT BOULEVARD
DOCUMENT •9z"o"l0 RECORDED 06/13/1992
LINE OF W. DISTRICT BOULEVARD
PLAT OF VACATION
SURVEYOR'S NOTES:
ALL DIMENSIONS SHOWN HEREON ARE MEASURED UNLESS NOTED.
BASIS OF BEARINGS: TRUE NORTH BASED ON GEODETIC OBSERVATION IL EAST ZONE.
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT.
PREPARED FOR/AND MAIL TO:
CDOT# 03-14-19-3896
JLL, PROJECT AND DEVELOPMENT SERVICES 8755 WEST HIGGINS ROAD, SUITE 750 CHICAGO. IL 60631
LAST DATE OF FIELD WORK: DECEMBER 4, 2018
CURRENT ZONING: M2-3: LIGHT INDUSTRIAL DISTRICT
SHEET: 10F'^
CONSULTING ENGINEERS
SITE DEVELOPMENT ENGINEERS
LAND SURVEYORS
9575 w Higgins Road. Suite 700.
Rosernonl. Illinois 60018 Phone: (847) 696-4060 Fox- [847) 696-4065
JOB NO: 10283
FILENAME: VAC-01
N\I>ioiL-LtA102H3\SURVF.>\UI2KJVAt:-(]| Jun Deljull Usei-iDuoei*
EXHIBIT "A"
PLAT OF VACATION
COOK CO.
PROPERTY DESCRIPTION
THAT PART OF S. KEELER AVENUE 66 FOOT WIDE RIGHT OF WAY IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 38 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPLE MERIDAIN, AS DEDICATED PER DOCUMENT NUMBER 92443410, RECORDED JUNE 18, 1992; SAID PART OF S. KEELER AVENUE IS BOUND TO THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF W. 40TH STREET AND BOUND TO THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF W. DISTRICT BOULAVARD (AKA W. ANN LURIE PLACE), ALL IN COOK COUNTY. ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTANING 67,320 SQUARE FEET OR 1.545 ACRES, FEET MORE OR LESS.
CDOT
STATE OF ILLINOIS)
) SS
COUNTY OF COOK I
WE. SPACECO, INC AN ILLINOIS PROFESSIONAL OESIGN FIRM, NUMBER 184-001157 (EXPIRATION DATE 04/30/20211 DO HEREBY DECLARE THAT WE HAVE PREPARED THE PLAT HEREON DRAWN FOR THE PURPOSE OF VACATING A PUBLIC STREET AS SHOWN. AND THAT THE PLAT IS A IS A TRUE AND CORRECT REPRESENTATION OF SAID VACATION.
ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS THEREOF. NO DISTANCES OR ANGLES SHOWN HEREON MAY BE ASSUMED BY SCALING.
THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS
FOR A BOUNDARY SURVEY. . '• '
THIS PLAT OF
I HEREBY AUTHORIZE OR THEIR AGENT TO FILE
GIVEN UNDER OUR IN ROSEMONT. ILLINOIS.
VACATION WITH THE COOK COUNTY RECORDER' OFFCE.
HAND AND SEAL THIS 16th DAY OF JULY, 2019 —V-^oSS*-* ^S/?.-',
nois. ./ d^^"":^?^
- . PRUh'tSSIONAL
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\ SUIlVtVOR ¦
STATE OF c"
-Z. . % ILLINOIS
GABfllELA PTASINSKA, I.P.L.S. No. 035-3893 LICENSE EXPIRES: 11-30-2020 gptasinskaOspacecoinc.com
(VALID ONLY IF EMBOSSED SEAL AFFIXED)
COMPARE ALL DIMENSIONS BEFORE BUILDING AND REPORT ANY DISCREPANCIES AT ONCE. REFER TO DEED OR TITLE POLICY FOR BUILDING LINES AND EASEMENTS.
SHEET: 2 OF 2
CONSULTING ENGINEERS
SITE DEVELOPMENT ENGINEERS
LAND SURVEYORS
9575 w Higgins Road. Suite 700.
Rosemonr. Illinois 60018 Phone: (847) 696-4060 Fax- (847) 696-4065
DATE-
02/22/2019
JOB NO: 10283
FILENAME: VAC-01
ioietls\l(IM3VSUR\T.>M(iai3VAC-lll Jen IVLiuU U»i=iixim.k
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Department of Water Management city of chicago
June 27,2019
City of Chicago Department of Transportation Division of Infrastructure Management Office of Underground Coordination 30 North LaSalle Street, 3rd Floor Chicago, Illinois 60602
Attn: Mr. Jai Kalayil
Coordinator of Street Permits
Re: Proposed NFP Vacation Ordinance 14th Ward
For: Greater Chicago Food Depository
S. Keeler Avenue between W. 40th Street and W. Ann Lurie Place (AKA W. District Boulevard)
OUC File No. 2019-87030 M&P Project No. 03-14-19-3896 Water Atlas Page 390 Sewer Atlas Page 38-3-65
Dear Mr. Kalayil:
This letter is in response to your inquiry dated March 22,2019 concerning the proposed vacation. After reviewing our records, we have determined the following:
I) The Department of Water Management - Water Section
There is one 8-inch water main within the proposed vacation that was installed in 1940. There are also three fire hydrants, two 6-inch valves, two 8-inch valves and three 12-inch valves associated with this main.
These facilities must be abandoned at the owner's expense for the vacation to be approved by the Water Section, subject to the following conditions:
Disconnecting the water main to be abandoned at W. 40th Street and at W. Ann Lurie Place, removing all three fire hydrants and abandoning the valve basins outside of the proposed vacation will be done by the Department of Water Management (DWM) at the owner's expense. Removal of the four valve basins within the proposed vacation are the responsibility of the owner.
The DWM will perform the excavation, pipe work and backfilling to grade associated with the work described above. The owner will be responsible for obtaining all applicable permits and all restoration to CDOT standards.
The estimated cost to do this work is $40,800.00. This estimate is based on current rates for labor, materials, equipment and overhead charges, but actual costs will be billed to the owner upon DWM's completion of the work.
OUCFileNo. 2019-87030 June 27, 2019 Page 2 of2
The existing water main is not fully amortized. The total fixed unamortized cost for this water main is $641.03.
All water services no longer in use must be permanently terminated as part of the proposed development by permit per DWM Standards.
Because the existing water main cannot be located within private property (the proposed vacation), this work must be done before the vacation can be approved.
Detailed instructions for payment of the estimated cost of $40,800.00 and the fixed unamortized cost of $641.03 will follow under separate cover.
For questions regarding water facilities, please contact Andrew McFarland at (312) 742-7027.
The Department of Water Management - Sewer Section
The following sewer facilities are within the proposed vacation:
One 15" public sewer main and appurtenances on S. Keeler Avenue extending from W. 40th Street approximately 92 feet south.
One 15" to 21" public sewer main and appurtenances on S. Keeler Avenue extending from W. Ann Lurie Place approximately 756 feet north. The Sewer Section has no objections to the proposed vacation, provided the following are part of the vacation ordinance:
The existing 15" public sewer main and appurtenances on S. Keeler Avenue extending south from W. 40th Street must become a private sewer maintained by the owner.
The existing 15" to 21" public sewer main and appurtenances on S. Keeler Avenue extending north from W. Ann Lurie Place must become a private sewer maintained by the owner.
The area to be vacated will be subject to the Stormwater Regulation requirements upon development.
If the owner wants to abandon any of the sewer facilities on S. Keeler Avenue, the abandonment plans must meet the Sewer Section's requirements. Abandonment of these facilities must be approved by the Sewer Section and installed at the owner's expense.
For questions regarding sewer facilities, please contact Anupam Verma at (312) 742-7108 or
Sid Osakada at (312) 744-0344.
Very truly yours,
Randy Conner Commissioner
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:
Greater Chicago Food Depositoiy
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[x] the Applicant
OR
[ ] a legal entity currently holding, or anticipated to hold within six months after City action on
the contract, transaction or other undertaking to which this EDS pertains (referred to below as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant's legal
name:
OR
[ ] a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1)) State the legal name of the entity in which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 4100 W. Ann Lurie Place
Chicago, IL 60632
Telephor7g3-843-5427 Fax: _773-843-6492 Email: djames@gcfd.org
Name of contact person: Dennis James
Federal Employer Identification No. (if you have one): J :
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Application for an street vacation for property generally located at 4100 W. Ann Lurie Place
Which City agency or department is requesting this EDS? CDQT
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Ver.2018-1 Page 1 of 15
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
[ ] Person [ ] Limited liability company
[ ] Publicly registered business corporation [ ] Limited liability partnership
[ ] Privately held business corporation [ ] Joint venture
[ ] Sole proprietorship [x] Not-for-profit corporation
[ ] General partnership (Is the not-for-profit coiporation also a 501 (c)(3))?
[ ] Limited partnership [x] Yes [ ] No
[ ] Trust [ ] 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] Organized in Illinois
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of the entity; (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day-to-day management of the Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
See attached.*
No members which are legal entities
2. Please provide the following information concerning each person or legal entity having a direct or indirect, current or prospective (i.e. within 6 months after City action) beneficial interest (including ownership) in excess of 7.5% of the Applicant. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture, interest of a member or manager in a
Ver.2018-1 Page 2 of 15
2018-2019 Greater Chicago Food Depository Board of Directors
Officers
Kate Maehr, Executive Director and CEO Joan Chow, Chief Marketing Officer Sheila Creghin, VP of Operations Andrew Lutsey, VP of Strategic Initiatives Valerie Parker, Chief People Officer Nicole Robinson, VP of Community Impact Dennis James, Chief Financial Officer Jill Zimmerman, VP of Development Directors
Rhonna Cass, Chair of the Board
Norman M. Leon, Vice Chair DLA Piper LLP (US)
Monica Brown Moss
Trinity United Church of Christ
Scott Davis Prophet
Christopher A. Deveny J, P. Morgan Private Bank
Donald G. Fitzgerald
Clinton H. Hallman, Jr. LBP Manufacturing LLC
Chris Happ Goby, Inc.
Grace Hou
Woods Fund Chicago
John H. Idler ABC 7 Chicago
Peter G. Johnson
Steve Koch
Peter Lantero Northern Trust
Michael J. Locascio Reinhart Foodservice, LLC
Jeff Malehorn
World Business Chicago
Patrick M. Mulhern DMA
Marc Paulhus Citizens Bank
Monica E. Peek, MD, MPH, MSc The University of Chicago
Carlos San Jose
Gloria Santona
John Jay Shannon, MD
Cook County Health and Hospitals System
Sylvia Stein
Modine Manufacturing Company
Michael Thompson Fair Oaks Farms, LLC
Vincent Tomkinson Grant Thornton LLP
Leon Walker, Esq. DL3 Realty, LP
limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None."
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf.
Name Business Address Percentage Interest in the Applicant
None
SECTION III - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the date of this EDS? [ ] Yes [x] No
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-month period following the date of this EDS? [ ] Yes [x] No
If "yes" to either of the above, please identify below the name(s) of such City elected official(s) and describe such income or compensation:
Does any City elected official or, to the best of the Disclosing Party's knowledge after reasonable
inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in
Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party?
[ ] Yes [x] No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domestic partner(s) and describe the financial interest(s).
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist (as defined in MCC Chapter 2-156), accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 of IS
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
DLA Piper LLP US (retained) "Ml W. Lake St, Ste. 900, Chicago, IL 60606 Attorney $0
(retained)
Space Co, Inc. 9575 W Higgins Rd, Ste 700 Rosemont, IL 60018 $8,000 est.
JLL 9755 W Higgins Rd, Ste 700 Chicago, IL 60631 (retained) $13,000 est.__
Food Tech, Inc. 300 Ledgewood Place Rockland, MA 02370 (retained) $50,000 est.
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
SECTION V - CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under MCC Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more 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
FURTHER CERTIFICATIONS
[This paragraph 1 applies only if the Matter is a contract being handled by the City's Department of Procurement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing Party nor any Affiliated Entity [see definition in (5) below] has engaged, in connection with the performance of any public contract, the services of an integrity monitor, independent private sector inspector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing, investigative, or other similar skills, designated by a public agency to help the agency monitor the activity of specified agency vendors as well as help the vendors reform their business practices so they can be considered for agency contracts in the future, or continue with a contract in progress).
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
Page 4 of 15
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) 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, during the 5 years before the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; 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, state or local) with committing any of the offenses set forth in subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
Certifications (5), (6) and (7) concern:
the Disclosing Party;
•' any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially 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 Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 15
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor, nor any Agents have, during the 5 years before the date of this EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage); (a)(5)(Debarment Regulations); or (a)(6)(Minimum Wage Ordinance).
Neither the Disclosing Party, nor any Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on a Sanctions List maintained by the United States Department of Commerce, State, or Treasury, or any successor federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any "controlling person" [see MCC Chapter 1-23, Article I for applicability and defined terms] of the Applicant is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee 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 MCC Chapter 1-23, Article I applies to the Applicant, that Article's permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
[FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal System for Award Management ("SAM").
[FOR APPLICANT ONLY] The Applicant will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such
Ver.2018-1 Page 6 of 15
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
If the letters "NA," die word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
12. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
None
13. 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 puiposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [x] is not
a "financial institution" as defined in MCC Section 2-32-455(b).
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in MCC Chapter 2-32. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
Page 7 of 15
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MCC Section 2-32-455(b)) is a predatory lender within the meaning of MCC Chapter 2-32, explain here (attach additional pages if necessary):
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-156 have the same meanings if used in this Part D.
In accordance with MCC Section 2-156-110: To the best of the Disclosing Patty's knowledge after reasonable inquiry, 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 entity in the Matter?
[ ]Yes [x]No
NOTE: If you checked "Yes" to Item D(l), proceed to Items D(2) and D(3). If you checked "No" to Item D(l), skip Items D(2) and D(3) and proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D(l), provide the names and business addresses of the City officials or employees having such financial interest and identify the nature of the financial interest:
Name Business Address Nature of Financial Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
Page 8 of IS
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (1) or (2) below. If the Disclosing Party checks (2), the Disclosing Party must disclose below or in an attachment to this EDS all information required by (2). Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
_x 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of
the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. ffthe 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, as amended, who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995, as amended, have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay
any person or entity listed in paragraph A(l) above for his or her lobbying activities or to pay any
person or entity to influence or attempt to influence an officer or employee of any agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Ver.2018-1 Page 9 of 15
of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) 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," as that term is defined in the Lobbying Disclosure Act of 1995, as amended.
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A(l) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the ' duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No [ ] Reports not required
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 15
- FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance 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 this ordinance.
If the City determines that any infonnation provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other City transactions. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided in, and appended to, this EDS may be made publicly available on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The infonnation provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to MCC Chapter 1-23, Article I (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by MCC Chapter 1-23 and Section 2-154-020.
Page 11 of 15
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS, and all applicable Appendices, on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS, and all applicable Appendices, are true, accurate and complete as of the date furnished to the City.
Greater Chicago Food Depository
(Print or type exact legal name of Disclosing Party)
By:
(Print or type name of person signing)
(Print or type title of person signing)
Signed and sworn to before me on (date) ^ ~t
Commission expires:
Page 12 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [x] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUELDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
[]Yes [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 MCC Section 2-92-416?
[ ] Yes [ ] No [x] The Applicant is not publicly traded on any exchange.
3. If yes to (1) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
Page 14 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHD3ITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.com' ). generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the City money for a license, grant or concession allowing them to conduct a business on City premises.
On behalf of an Applicant that is a contractor pursuant to MCC Section 2-92-385,1 hereby certify that the Applicant is in compliance with MCC Section 2-92-385(b)(l) and (2), which prohibit: (i) screening job applicants based on their wage or salary history, or (ii) seeking job applicants' wage or salary history from current or former employers. I also certify that the Applicant has adopted a policy that includes those prohibitions.
[ ] Yes [ ]No
[x] N/A -1 am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l). If you checked "no" to the above, please explain.
Page 15 of 15
(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 infonnation)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
application for street vacation for property generally This recertification is being submitted in connection with located at 4100 W. Ann Lurie Place [identity 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 acknowledgments.
Greater Chicago Food Depository
(Print or type legal name of Disclosing Party)
(sig l here)
Print or type name of signatory: Katherine Maehr
Title of signatory: Executive Director & CEO
Signed and sworn to before me on [date] "^V^ ( ^ I 7 , by
Notary Public.
Vy^A/i .i /i, r JT , at Cotj^- County, -jT,,- ,f ^ \ j [state].
DENNIS R JAMES Official Seal Notary Public - State of Illinois My Commission Expires Jun 22, I -2
Ver. 11-01-115