(
OFFICE OF THE MAYOR
CI TY OF CHICAGO
LORI L. LIGHTFOOT
MAYOR
February 19, 2020
TO THE HONORABLE, THE CITY COUMCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Assets, Information and Services, I transmit herewith ordinances authorizing the execution of lease agreements.
Your favorable consideration of these ordinances will be appreciated.
Very truly yours,
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1: On behalf of the City of Chicago as Tenant, the Commissioner of the Department of Assets, Information and Services is authorized to execute an Amendment to a Lease Agreement with Vanguard Archives Holdings, Inc., as Landlord, for use of approximately 72,440 square feet of space within the building located at 3920 South Michigan Avenue by the Chicago Police Department; such Lease to be approved by the Superintendent of the Department of Police, and approved as to form and legality by the Corporation Counsel in substantially the following form:
LEASE NO. 12048
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "First Amendment") is made and
entered into this day of , 2020, by and between the VANGUARD ARCHIVES
HOLDINGS, INC., an Illinois corporation (hereinafter referred to as "Landlord") and the CITY OF CHICAGO, an Illinois municipal corporation (hereinafter referred to as "Tenant" or "City").
RECITALS
WHEREAS, Landlord and Tenant are parties to that certain Lease No. 12048 dated January 20, 2016 (the "Lease"), to permit Tenant's use of approximately 69,440 square feet of space at 3920 South Michigan Avenue; and
WHEREAS, the Term of the Lease expired on December 31, 2019, and Tenant has been holding over in accordance with the terms of Section 9.1 of the Lease; and 1
WHEREAS, Tenant wishes to expand its Premises by 3,000 square feet and to continue its occupancy of the Premises; and
WHEREAS, Landlord and Tenant desire to modify certain terms and conditions of the
Lease.
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Landlord and Tenant agree as follows: ..
Recitals and Terms of Art. The recitals are incorporated herein by reference and made a part of this First Amendment. All capitalized terms used herein shall have the same meanings as they do in the Lease, unless otherwise expressly provided herein.
Change to Name of Department. The Department of Fleet & Facility Management of the City of Chicago has merged with another department and the name of the new department is the Department of Assets, Infonnation & Services. All reference in the Lease to the Department of Fleet & Facility Management shall now refer to the Department of Assets, Infonnation & Services.
Term. The Term of the Lease is hereby extended from the date of this First Amendment through and including December 31, 2026, unless sooner terminated as set forth in the Lease.
Premises. Section 1 of the Lease is deleted and replaced with the following language:
Landlord hereby leases to Tenant the following described premises ("Premises") situated in the City of Chicago, County of Cook, State of Illinois, to wit:
Approximately 68,240 square feet of storage space and 4,200 square feet for indoor parking (2 bays) all located on that certain parcel of real estate more commonly known as 3900-3920 South Michigan Avenue, Chicago, Illinois.
The Permanent Real Estate Tax Numbers (PINs) for the real estate for which the Premises is located, as assigned by the Cook County Assessor's Office is 20-03-101-003-0000 and 20-03-101-004-0000.
5. Rent. Section 3.1 of the Lease is deleted and replaced with the following language:
Tenant shall pay the City rent for access to the Premises in the amount of:
Fourteen Thousand Seventy-Nine and 00/100 Dollars ($14,079.00) per month for the period beginning on the first full month after the Commencement Date and ending on December 31, 2020.
Fourteen Thousand Four Hundred Thirty-One and 00/100 Dollars ($14,431.00) per month for the period beginning on January 1, 2021 and ending on the December 31, 2021.
Fourteen Thousand Seven Hundred Ninety-Two and 00/100 Dollars ($14,792.00) per month for the period beginning on January 1, 2022 and ending on the December 31, 2022.
Fifteen Thousand One Hundred Sixty-Two and 00/100 Dollars ($15,162.00) per month for the period beginning on January 1, 2023 and ending on the December 31, 2023.
Fifteen Thousand Five Hundred Forty-One and 00/100 Dollars ($15,541.00) per month for the period beginning on January 1, 2024 and ending on the December 31, 2024.
Fifteen Thousand Nine Hundred Twenty-Nine and 00/100 Dollars ($15,929.00) per month for the period beginning on January 1, 2025 and ending on December 31, 2025.
Sixteen Thousand Three Hundred Twenty-Eight and 00/100 Dollars ($16,328.00) per month for the period beginning on January 1, 2026 and ending on December 31, 2026.
Rent shall be paid to Landlord at Vanguard Archives Holdings, Inc., 3900 South Michigan Avenue, Chicago, Illinois 60653, or at such other place as Landlord may hereafter designate in writing to Tenant.
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Real Estate Taxes. Section 3 of the Lease is amended to include the following language as a new Section 3.4:
Tenant shall reimburse Landlord for its proportionate share, based upon the square footage of Tenant's Premises as a percentage of total building square footage, of any increase in real estate taxes above 2019 real estate taxes that are due and payable in 2020. The total building square footage is 225,000 square feet and Tenant's Premises is 72,440 square feet, or 32.2% of total building square footage, as of the Commencement Date of this lease. For purposes of this section, Tenant's first payment to Landlord for reimbursement of an increase in real estate taxes shall occur in 2021 for 2020 real estate taxes (assuming 2020 real estate taxes are greater than 2019 real estate taxes). If Landlord appeals real estate taxes for any given tax year and is granted a refund, Tenant and Landlord shall be apportioned the refund, less attorney's fees and costs associated with the filing ofthe tax appeal, based upon their proportionate share of total building square footage.
Insurance and Indemnification. The language in Section 6.1 of the Lease is deleted and replaced with the following language:
Insurance. During the Term, Landlord shall procure and maintain at all times, at Landlord's own expense, the insurance coverages and requirements specified below pursuant to the requirements of the Department of Finance'si Risk Management Office, insuring all operations related to the Lease. The kind and amounts of insurance required are as follows:
Worker's Compensation and Employer's Liability. Workers Compensation as prescribed by applicable law, covering all employees who are to provide a service under this Lease, and Employer's Liability Insurance with limits of not less than $500,000 each accident, illness or disease.
Commercial General Liability (Primary and Umbrella). Commercial General Liability Insurance or equivalent, with limits of not less than $2,000,000 per occurrence, for bodily injury, personal injury, and property damage liability. Coverage shall include the following: All premises and operations, products/completed operations, defense, separation of insureds, and contractual liability (not to include Endorsement CG 21 39 or equivalent). The City of Chicago shall be named as an additional insured under the policy. Such additional insured coverage shall be provided on CG 20 10 or on a similar additional insured form acceptable to the City. The additional insured coverage shall not have any limiting endorsements or language under the policy such as but not limited to, Landlord's sole negligence or the Additional Insured's vicarious liability. Landlord's liability insurance shall be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Automobile Liability Insurance (Primary and Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with the Lease, Landlord shall provide and maintain Automobile Liability Insurance with limits of not less than $2,000,000 per
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occurrence for bodily injury and property damage. The City of Chicago shall be named as an additional insured on a primary, non-contributory basis.
(d) All Risk Property. All Risk Property Insurance coverage shall be maintained by the Landlord for full replacement value to protect against loss of, damage to or destruction of Leased Property.
The Landlord shall be responsible for all loss or damage personal property (including, but not limited to materials, equipment, tools and supplies), owned, rented or used by Landlord.
Holding Over. The language in Section 9.1 of the Lease is deleted and replaced with the following language:
Any holding over by Tenant shall be construed to be a tenancy from month to month beginning on January 1, 2027 and the rent shall be at the same rate as set forth in Section 3.1 (g) of this Lease. During such holding over all other provisions of this Lease shall remain in full force and effect.
Amendments. Section 10.14 of the Lease is deleted and replaced with the following language:
From time to time, the parties hereto may administratively amend this Lease Agreement with respect to any provisions reasonably related to Tenant's use of the Premises and/or Landlord's administration of said Lease Agreement, including, but not limited to, the expansion or contraction of the Premises. Provided, however, that such amendment(s) shall not serve to extend the Lease term hereof nor serve to otherwise materially alter the essential provisions contained herein. Such amendments shall be in writing, shall establish the factual background necessitating such alteration, shall set forth the terms and conditions of such modification, and shall be duly executed by both Landlord and Tenant. Such amendment(s) shall only take effect upon execution by both parties. Upon execution, such amendment(s) shall become a part of this Lease and all other provisions of this Lease shall otherwise remain in full force and effect.
Reaffirmation of Lease. Except to the extent expressly set forth in this First Amendment, all of the terms and conditions of the Lease shall remain in full force and effect and are hereby ratified and affirmed. If there is any conflict between the terms and provisions of the Lease and the terms and provisions of this First Amendment, the terms and provisions of this First Amendment shall control.
Governing Law and Severability. This First Amendment shall be governed by and construed in accordance with the laws of the State of Illinois. In the event that any provision of this First Amendment shall at any time be found to be invalid or otherwise rendered unenforceable, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this First Amendment, as the circumstances require, and this First Amendment shall be construed as if said provision had been incorporated herein as so limited or as if said provision had not been included herein, as the case may be.
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Counterparts. This First Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This First Amendment may be executed and delivered via email or PDF.
Effectiveness. This First Amendment is not effective unless and until the same is signed and delivered by both Tenant and Landlord.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS HEREOF, the parties hereto have caused this First Amendment to be duly executed on the date first written above.
LANDLORD:
VANGUARD ARCHIVES HOLDINGS, INC.,
an Illinois Corporation
By:
Its:
TENANT:
CITY OF CHICAGO,
an Illinois municipal corporation
BY: DEPARTMENT OF ASSETS, INFORMATION & SERVICES
By:
Commissioner
BY: THE CHICAGO POLICE DEPARTMENT
By:
Superintendent of Police
APPROVED AS TO FORM AND LEGALITY:
BY: THE DEPARTMENT OF LAW
By:
Assistant Corporation Counsel Real Estate Division
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3920 S. Michigan Ave. Lease No. 12048
SECTION 2: This Ordinance shall be effective from and after the date of its passage and approval.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. ] -egal name ofthe Disclosing Party subrmtring this EDS. Include d/b/a/ if applicable:
Ch< ck ONE ofthe following three boxes:
Indi cate whether the Disclosing Party submitting this EDS is: . [y] the Applicant OR
I. [ ] 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 "Mutter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant's legal nanjie:
OR
5. [ ] a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1)) Stai e the legal name of the entity in which the Disclosing Party holds a right of control:
B.
C. D. E.
Business address of the Disclosing Party: 3>^OQ 3 v(\\.cVs\^vn
Telephone: "773-Fax: 7735Name of contact person: UArr*^ tvx, tvKVoQ^r
Federal Employer Identification No. (if you have one): _ .
Brief description of the Matter to which this EDS pertains. (Include project number and location of
property, if applicable): , .,• ;
Which City agency or department is requesting this EDS? ?_ FfA
If t le Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Sp< deification # and Contract #
Va.2018-1 Page! of 15
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
Indicate the nature of the Disclosing Party:
[ ] Person [ ] Limited liability company
[ ];*ublicly registered business corporation [ ] Limited liability partnership
[*] Privately held business corporation [ ] Joint venture
[ ]; Sole proprietorship [ ] Not-for-profit corporation
[ ]1 jeneral partnership (Is the not-for-profit corporation also a 501 (c)(3))?
[ ] limited partnership [ ] Yes [ ]No
[ ] Trust [ ] Other (please specify)
ror legal entities, the state (or foreign country) of incorporation or organization, if applicable:
3. ?or legal entities not organized in the State of Illinois: Has the organization registered to do bus iness in the State of Illinois as a foreign entity?
[ ]Yes [ ]No [XI 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, eacti general partner, managing member, manager or any other person or legal entity that directly or ind irectly controls the day-to-day management of the Applicant.
NC TE: Each legal entity listed below must submit an EDS on its own behalf.
Najne Title
/
ToWv "fr^tA^. "S> Ass^VcV S^^j Ziypte&ar
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 owaership) in excess of 7.5% ofthe Applicant. Examples of such an interest include shares in a coiporation, partnership interest in a partnership or joint venture, interest of a member or manager in a
2018-1 Page 2 of 15
limi ;ed liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, stab "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 Annlirant
SECTION HI - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OF]Has
12-inonth period preceding the date of this EDS?
DflNo
the Disclosing Party provided any income or compensation to any City elected official during the
[ JYes
Doe s the Disclosing Party reasonably expect to provide any income or compensation to any City
elec ted official during the 12-month period following the date of this EDS? [ ] Yes |><| 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:
Docs
Chaptei
any City elected official or, to the best ofthe Disclosing Party's knowledge after reasonable inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in ar 2-156 ofthe Municipal Code ofChicago ("MCC")) in the Disclosing Party? [ ] Yes |KlNo
If "yes," please identify below the name(s) of such City elected officials) and/or spouse(s)/domestic par ner(s) and describe the financial interests).
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
Tho 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 Dis closing Party is not required to disclose employees who are paid solely through the Disclosing Paitys 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 dis:losure.
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 bjj retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
U .,-4
Nt)N£
(Ad 1 sheets if necessary)
£d Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SEC :HON V - CERTD7ICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under MCC Section 2-92-415, substantial owners of business entities that contract with the City must rem tin 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 arrei irage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No No person directly or indirectly owns 10% or more of the Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is th e person in compliance with that agreement?
[]Yes []No
] FURTHER CERTIFICATIONS
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, or other source of indebtedness owed to the City ofChicago, including, but not limited to, water sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing
1. | This paragraph 1 applies only if the Matter is a contract being handled by the City's Department of Pro mrement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing Pan y 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 inst ector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing, inv« sstigative, or other similar skills, designated by a public agency to help the agency monitor the acti rity 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).
Par y delinquent in the payment of any tax administered by the Illinois Department of Revenue.
Ver2018-1 Page 4 of15
2. tax and
3. ITie Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) ofthis EDS:
a. £ re 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 ofthis EDS, been convicted of a crirninal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining,
ipting 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; brib sry; falsification or destruction of records; making false statements; or receiving stolen property;
't re not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state; or local) with comrmtting any ofthe 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 liab e in a civil proceeding, or in any criminal or civil action, including actions concerning
env ronmental 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 TV, "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 inehgibility of a business entity to do business with federal or state or local government, mcluding 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 ofthe 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").
2018-1 Page 5 of 15
Neiiher 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 ofthis EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 years befc re the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Mat :er:
I ribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any agency ofthe federal government' or o ' any state or local government in the United States of America, in that officer's or employee's official capacity;
a greed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or bi;en 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
riade 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
\iolated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wag e); (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 of720 ILCS 5/33E-3; (2) bid-: otating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United Status of America that contains the same elements as the offense of bid-rigging or bid-rotating.
1 Neither the Disclosing Party nor any Affiliated Entity is listed on a Sanctions List maintained by the Unit ed 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 chaiged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee ofthe City or any "sister agency"; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If MCC Chapter 1-23, Article I applies to the Applicant, that Article's permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
| FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal Sysi em 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
Cer ifications (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 beliove has not provided or cannot provide tmthful certifications.
11.
If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (Furlher
Certifications), the Disclosing Party must explain below:
If th; letters "NA," the word "None," or no response appears on the lines above, it will be conclusively pres imed that the Disclosing Party certified to the above statements.
12. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a com jlete 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, ofthe City ofChicago (if none, indicate with "N/A" or "none").
13.
b the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a
com plete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the i 2-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City ofChicago. For purposes ofthis 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 poli ical contribution otherwise duly reported as required by law (if none, indicate with "N/A" or "noi Le"). As to any gift listed below, please also list the name ofthe City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ]is Mis not
a "financial institution" as defined in MCC Section 2-32-455(b).
] f the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"W
Page 7 of IS
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MC Z 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
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 ofthe Disclosing Party's knowledge aftei 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?
D ] Yes ' M No
NOtE: If you checked "Yes" to Item D(l), proceed to Items D(2) and D(3). If you checked "No" to It sm D(l), skip Items D(2) and D(3) and proceed to Part E.
1 Mess sold pursuant to a process of competitive bidding, or otherwise pennittecL 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, "Cit y Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning ofthis Part D.
Does the Matter involve a City Property Sale?
]Yes [ ]No
] f 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 ofthe financial interest:
Narie Business Address Nature of Financial Interest
4. rhe Disclosing Party further certifies that no prohibited financial interest in the Matter will be acq aired by any City official or employee.
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E. (CERTIFICATION REGARDING SLAVERY ERA BUSINESS
I lease check either (1) or (2) below. If the Disclosing Party checks (2), the Disclosing Party mus: 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 com Lection with the Matter voidable by the City.
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 issui id to slaveholders that provided coverage for damage to or injury or death of their slaves), and the jpisclosing Party has found no such records.
The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the Dist losing Party has found records of investments or profits from slavery or slaveholder insurance polii ;ies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes ofthis Section VI, tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
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" app ;ar, 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 beh ilf of the Disclosing Party with respect to the Matter.)
I. 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
pen ion 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, ame id, 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 whicth there occurs any event that materially affects the accuracy ofthe statements and information set forflj in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities," as that term is defined in the Lobbying Disclosure Act of 1995, as amended,
5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in fora and substance to paragraphs A(l) through A(4) above from all subcontractors before it awards any iiubcontract and the Disclosing Party must maintain all such subcontractors' certifications for the dura :ion ofthe Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
I; -the Matter is federally funded, federal regulations require the Applicant and all proposed subcantractors to submit the following information with their bids or in writing at the outset of negotiations.
Is th ? Disclosing Party the Applicant?
[ ] Yes [ ] No
If "\ es," answer the three questions below:
I lave you developed and do you have on file affirmative action programs pursuant to applicable fede ral regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
I lave you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Con pliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ JYes [ ]No [] Reports not required
Ilave you participated in any previous contracts or subcontracts subject to the
equ£ 1 opportunity clause?
[ ]Yes [ ]No
If yc u checked "No" to question (1) or (2) above, please provide an explanation:
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SEC TION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any cont act or other agreement between the Applicant and the City in connection with the Matter, whether proc urement, 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 mi ist comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text ofthis ordinance and a training program is available on line at 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.
I: 'the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including tenninating the Disclosing Party's participation in the Matter and/ jr declining to allow the Disclosing Party to participate in other City transactions. Remedies at law: :or a false statement of material fact may include incarceration and an award to the City of treble damiges.
I: is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe information provided in, and appended to, this EDS may be made publicly available on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or clan os 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 th is EDS.
r lie information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to MCC Chapter 1-2:, Article I (imposing PERMANENT INELIGD3DLITY 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.
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CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute thisi EDS, and all applicable Appendices, on behalf of the Disclosing Party, and (2) warrants that all cerifications and statements contained in this EDS, and all applicable Appendices, are true, accurate and complete as of the date furnished to the City.
(Print or type exact legal name of Disclosing Party)
CkcffWMrrjV rV^ts^s WoVokw^ t&^c,
(Sign here)
>isclc
or type name of person signing)
(Pr nt or type title of person signing)
Sig led and sworn to before me on (date) 6 {| !>1 | Xf> ko County, ll^nat.T (state).
Commission expires: 3"^* ^ \ lO&X
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CITY OF CfflCAGO 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 ary "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 c ate 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, fathcir-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 H.B.l.a., if the Disclosing Party is a corporation; all partners ofthe Disclosing Party, if the Disclosing Part; r is a general partnership; all general partners and limited partners ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a bmited liability company; (2) all principal officers ofthe 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 final icial 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 curr airly have a "familial relationship" with an elected city official or department head?
]Yes L)<)No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe 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.
Ver. 5018-1 Page 13 of 15
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 own ;rship interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any lega entity which has only an indirect ownership interest in the Applicant.
1. F ursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scof Flaw or problem landlord pursuant to MCC Section 2-92^16?
3 Yes D^No
2. I
"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?
JYes [ 3 No pcj The Applicant is not publicly traded on any exchange.
as a
3. If yes to (1) or (2) above, please identify below the name of each person or legal entity identified building code scofflaw or problem landlord and the address of each building or buildings to which
the pertinent code violations apply.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant 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 ofChicago funds in consideration for services, work or goods provided (mcluding 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)(1) 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.
[ ]Ves
[ ]No
[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)(1). If you checked "no" to the above, please explain.
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