OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT
MAYOR
November 16. 2022
TO THE HONORABLE. THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinances authorizing the expenditure of Open Space Impact Fee funds for improvements at various city parks and play areas.
Your favorable consideration of these ordinances will be appreciated.
Very truly yours.
ORDINANCE
WHEREAS, the City of Chicago (the "City"), is a home rule unit of government under Article VII, Section 6(a) ofthe Constitution ofthe State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City is authorized under its home rule powers to regulate the use and development of land; and
WHEREAS, it is a reasonable condition of development approval to ensure that adequate open space and recreational facilities exist within the City; and
WHEREAS, on April 1, 1998, the City Council of the City (the "City Council") adopted the Open Space Impact Fee Ordinance codified at Chapter 18 of Title 16 (the "Open Space Ordinance") of the Municipal Code of Chicago (the "Code") to address the need for additional public space and recreational facilities for the benefit of the residents of newly created residential developments in the City; and
WHEREAS, the Open Space Ordinance authorizes, among other things, the collection of fees from residential developments that create new dwelling units without contributing a proportionate share of open space and recreational facilities for the benefit of their residents as part of the overall development (the "Fee-Paying Developments"); and
WHEREAS, pursuant to the Open Space Ordinance, the Department of Finance ("DOF") has collected fees derived from the Fee-Paying Developments (the "Open Space Fees") and has deposited those fees in separate funds, each fund corresponding to the Community Area (as defined in the Open Space Ordinance), in which each of the Fee-Paying Developments is located and from which the Open Space Fees were collected; and
WHEREAS, the Department of Planning and Development ("DPD") has determined that the Fee-Paying Developments built in the Kenwood Community Area have deepened the already significant deficits of open space in the Kenwood Community Area, which deficits were documented in the comprehensive plan entitled "The CitySpace Plan," adopted by the Chicago Plan Commission on September 11,1997 and adopted by the City Council on May 20, 1998 pursuant to an ordinance published at pages 69309-69311 of the Journal of the Proceedings of the City Council of the same date; and
WHEREAS, NeighborSpace, an Illinois not-for-profit corporation is dedicated to preserving and creating open space; and
WHEREAS, the City desires to grant NeighborSpace impact fee funds to pay or reimburse NeighborSpace for transaction costs regarding the acquisition and development of certain parcels of real property into Kenwood Garden to be located generally at 4131-49 South Drexel Boulevard, Chicago, Illinois (the "Property") in the Kenwood Community Area (the "Project"); and
WHEREAS, the Property is comprised of (a) two (2) parcels that currently are
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owned by one or more third parties, which are located at 4131 and 4145 South Drexel Boulevard and legally described in Exhibit A attached hereto (together, the "Private Parcels"), and (b) seven (7) parcels that are owned by the City, which are located at 4133-4143 and 4149 South Drexel Boulevard and legally described in Exhibit B attached hereto (the "City Parcels"); and
WHEREAS, the City Council finds that the conveyance of the City Parcels for the aggregate sum of One Dollar ($1.00) to NeighborSpace for the Project is in the best interests of the City and is consistent with the CitySpace Plan; and
WHEREAS, the Board of Directors of NeighborSpace approved the acquisition of the City Parcels on February 1, 2022; and
WHEREAS, on October 20, 2022, the Plan Commission of the City, by resolution No. 22-047-21, approved the sale ofthe City Parcels to NeighborSpace; and
WHEREAS, public notices advertising DPD's intent to enter into a negotiated sale of the City Parcels with NeighborSpace and requesting alternative proposals appeared in the Chicago Sun-Times on August 16, 23, 30 and September 6, 2022; and
WHEREAS, no other responsive proposals were received by the deadline indicated in the aforesaid notices; and
WHEREAS, DPD desires to provide to NeighborSpace Open Space Fees in an amount not to exceed $134,997 for the Project; and
WHEREAS, the Open Space Ordinance requires that the Open Space Fees be used for open space acquisition and capital improvements, which provide a direct and material benefit to the new development from which the fees are collected; and
WHEREAS, the Open Space Ordinance requires that the Open Space Fees be expended within the same or a contiguous Community Area from which they were collected after a legislative finding by the City Council that the expenditure of the Open Space Fees will directly and materially benefit the developments from which the Open Space Fees were collected; and
WHEREAS, DPD has determined that the use ofthe Open Space Fees to fund the Project will provide a direct and material benefit to each of the Fee-Paying Developments from which the Open Space Fees were collected; and
WHEREAS, DPD has determined that Open Space Fees to be used for the purposes set forth herein have come from the specific fund set up by DOF for the Kenwood Community Area, in which the Fee-Paying Developments are located and from which the Open Space Fees were collected; and
WHEREAS, DPD has recommended that the City Council approve the use of the Open Space Fees for the purposes set forth herein through this ordinance; and
WHEREAS, DPD has recommended that the City Council authorize the Commissioner of DPD (the "Commissioner") to negotiate and execute an agreement
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("OSIF Agreement") to provide for the acquisition of the Property and the development of the Project, using an expenditure of the Open Space Fees as described herein, which expenditure will directly and materially benefit the Fee-Paying Developments from which the Open Space Fees were collected; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made part of this ordinance as though fully set forth herein.
SECTION 2. The City Council hereby finds that the expenditure of the Open Space Fees will directly and materially benefit the residents of those Fee-Paying Developments from which the Open Space Fees were collected and approves the use ofthe Open Space Fees for the purposes described herein.
SECTION 3. The Commissioner of DPD and a designee of the Commissioner are each hereby authorized, subject to the approval of the Corporation Counsel, to enter into an OSIF Agreement with NeighborSpace in connection herewith, containing such terms as the Commissioner deems necessary, and to provide Open Space Fees proceeds to NeighborSpace in an amount not to exceed $134,997, from the corresponding fund to pay for expenses permitted under the Open Space Ordinance.
SECTION 4. Open Space Fees in the amount of $134,997 from the Kenwood Community Area's Open Space Fees Funds are hereby appropriated for the purposes described herein.
SECTION 5. The Commissioner or a designee of the Commissioner is each hereby authorized to execute, or receive on behalf of the City, such documents as may be necessary or appropriate to implement the provisions of this ordinance, subject to the approval ofthe Corporation Counsel.
SECTION 6. The City hereby approves the conveyance Jof the City Parcels to NeighborSpace in their "as is" condition for the sum of One Dollar ($1.00). The Mayor or her proxy is authorized to execute, and the City Clerk or Deputy City Clerk, is authorized to attest, a quitclaim deed or deeds conveying the City Parcels to NeighborSpace. The quitclaim deed(s) shall include the following covenant running with the land, or language substantially similar and acceptable to the Corporation Counsel:
NeighborSpace shall use, or permit the use, of the City Parcels as open space only, including, without limitation, as a community garden. The City, acting through the Commissioner of the City's Department of Planning and Development, or any successor department thereto, shall have authority to release this covenant upon the request of NeighborSpace. If NeighborSpace uses, or permits the use, of the City Parcels for any other purpose, without first obtaining a release of this covenant, the City may re-enter and take possession of the City Parcels, terminate the estate conveyed to NeighborSpace, and revest title to the City Parcels in the City.
SECTION 7. All ordinances, resolutions, motions, or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
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SECTION 8. This ordinance shall be in full force and effect from and after the date of its passage and approval.
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EXHIBIT A
LEGAL DESCRIPTION OF PRIVATE PARCELS
(SUBJECT TO FINAL SURVEY AND TITLE COMMITMENT) Parcel 1
LOT 16 IN FREDERICK B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 IN BLOCK 2 IN BAYARD AND PALMERS ADDITION TO CHICAGO OF THE SOUTH 1/2 OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly Known As: 4131 South Drexel Boulevard, Chicago, IL PIN: 20-02-113-019-0000
Parcel 2
LOT 23 IN FREDERICK B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 IN BLOCK 2 IN BAYARD AND PALMERS ADDITION TO CHICAGO OF THE SOUTH 1/2 OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly Known As: 4145 South Drexel Boulevard, Chicago, IL PIN: 20-02-113-026-0000
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EXHIBIT B
LEGAL DESCRIPTION OF CITY PARCELS
(SUBJECT TO FINAL SURVEY AND TITLE COMMITMENT)
Parcel 3
SUB-LOT 17 IN FRED B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 IN BLOCK 2 IN BAYARD AND PALMER ADDITION TO CHICAGO IN THE NORTHWEST FRACTIONAL 1/4 OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14, IN COOK COUNTY, ILLINOIS.
Commonly Known As: 4133 South Drexel Boulevard, Chicago, IL
PIN: 20-02-113-023-0000
Parcel 4
SUB-LOT 18 IN FRED B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 IN BLOCK 2 IN BAYARD AND PALMER ADDITION TO CHICAGO IN THE NORTHWEST FRACTIONAL 1/4 OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14, IN COOK COUNTY, ILLINOIS.
Commonly Known As: 4135 South Drexel Boulevard, Chicago, IL
PIN: 20-02-113-020-0000
Parcel 5
LOT 19 IN FRED B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 OF BLOCK 2 IN BAYARD AND PALMER ADDITION TO CHICAGO OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN.
Commonly Known As: 4137 South Drexel Boulevard, Chicago, IL PIN: 20-02-113-024-0000
Parcel 6
SUB-LOT 20 IN FRED B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 OF BLOCK 2 OF BAYARD AND PALMER ADDITION TO CHICAGO IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14, IN COOK COUNTY, ILLINOIS.
Commonly Known As: 4139 South Drexel Boulevard, Chicago, IL
PIN: 20-02-113-021-0000
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Parcel 7
LOT 21 IN FRED B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 OF BLOCK 2 OF BAYARD AND PALMER ADDITION TO CHICAGO OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN.
Commonly Known As: 4141 South Drexel Boulevard, Chicago, IL PIN: 20-02-113-025-0000
Parcel 8
LOT 22 IN FRED B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 OF BLOCK 2 OF BAYARD AND PALMER ADDITION TO CHICAGO OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN.
Commonly Known As: 4143 South Drexel Boulevard, Chicago, IL PIN: 20-02-113-022-0000
Parcel 9
LOTS 26, 27, 28, and 29 IN FRED B. CLARKE'S SUBDIVISION OF THE SOUTH 1/2 OF LOT 3 AND ALL OF LOTS 4 TO 13 OF BLOCK 2 OF BAYARD AND PALMER ADDITION TO CHICAGO OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN.
Commonly Known As: 4149 South Drexel Boulevard, Chicago, IL PIN: 20-02-113-027-0000
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name of the Disclosing Parry submitting this EDS. Include d/b/a/ if applicable:
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
p<} 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 1I(B)(I)) State the legal name of the entity in which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: j-H ^1 ¦ S>/Tr rTelephone: Q -ft^& "3^ *j Fax: W ' W ' Q3l? 1 Email: b ho\ f> I^Aq n<& jklotr-Spad?.,
Name of contact person: ffi.p ^ fjplp [y/y rJ} ^ ^
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).
OSIF Grant Agreement Request for Kenwood Garden, 4133-43 South Drexel Blvd. and 4149
South Drexel Rlvd
Which City agency or department is requesting this EDS? DePt of Planning & Development
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 OWNERSHD? 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
[ J Sole proprietorship £<3 Not-for-profit corporation
[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
f ] Limited partnership J>^Yes [ ] No
[ ] Trust [ ] Other (please specify)
For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
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 ^^fOrganized in Illinois
B. IT 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
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
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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
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 ofthis EDS? [ ] Yes /HjNo
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 ^ffrIf "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 ofthe 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 ofthe Municipal Code of Chicago ("MCC")) in the Disclosing Party? [ JYes iMblp
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 ofthe 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.
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Name (indicate whether Business retained or anticipated Address to be retained)
Relationship to Disclosing Party (subcontractor, attorney, lobbyist, etc)
Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
^fCheck here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
SECTION V - CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under 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 ^^P<£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?
[ JYes [ ]No
B 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 Affdiated 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.
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The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) ofthis 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 recei ving 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;
d have not, during the 5 years before the date ofthis EDS, had one or more public transactions (federal, state or local) terminated for cause or default, and
e. 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;
o 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 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 ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
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)
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 ofthis 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 ofthe 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
d violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage), (a)(5)(Dcbarment 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
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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:
- NS/h
Tf 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
12 To the best ofthe 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").
fiflflfcU
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 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
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.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
1. The Disclosing Party certifies that the Disclosing Party (check one)
[ ]'s ^J^d/is not
a "financial institution" as defined in MCC Section 2-32-455(b).
2 If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"Wc arc 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):
tift .
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 Party'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 ^XfNo
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou 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.
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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. 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 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
Vcr.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.
5 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 ofthe 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
3 Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ]Yes [ ]No
If you checked "No" to question (1) or (2) above, please provide an explanation:
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SECTION VII -- 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.ciryofchicaRO.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 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 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 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 1-23, Article I (imposing PERMANENT INELIGD3ILITY 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.
We to L lo Qr-^fac.^ .
• (Print or type exact legal namejofeDisclosing Party)
{Sign here)
By:
(Print or type title of person signing)
Signed and sworn to before me on (date) 11 -07-2022
County, Jj I \ i\d < a (state)
OFFICIAL SEAL
SALLY EHAMANN NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 03A57/2026
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.I.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 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 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
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.
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 ownership interest in the Applicant exceeding 7.5% (an "Owner"). Tt is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
1. 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?
[ 1 Yes 5No
2. If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of thp Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
[ ] Yes [ ] No M 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
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 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.
[Xj Yes
[ ]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.
Page 15 of 15
neighborspace
445 N. SACRAMENTO BLVD, SUITE 204, CHICAGO, IL 6 0 6 1 2 ~ | 773-826-3240 | WWW.NEIGHBOR-SPACE.ORG
BOARD OF DIRECTORS
PRESIDENT Cathy Breitenbach
Chicago Park District
VICE PRESIDENT Commissioner Gia Biagi
Chicago Department of Transportation
SECRETARY Jessica Fong
Openlands
TREASURER Wyllys Mann
MVAH Partners. LLC
Kate Ansorge
Chicago Real Estate Services, Illinois Facilities Fund
Commissioner
Allison Arwady
Chicago Department of Public Health
Walter Burnett. Jr.
Alderman 27th Ward
Commissioner Dennis Deer
Forest Preserve District of Cook County
Rosa Escareno
Chicago Park District
Dr. Shemuel Israel
North Lawndale Greening Committee
An Krigel
Freehorn & Peters, LLC
Commissioner Jose Munoz
Chicago Park District
Arnold Randall
Forest Preserve District cf Cook County
Craig Stevenson
Open Architecture Collaborative
Jacqui Ulrich
Forest Preserve District of Cook County
Christy Webber
Christy Webber Landscapes
President
Cathy Breitenbach
Director of Cultural and Natural
Resources
Chicago Park District 541 North Fairbanks Court Chicago, IL 60611 (312) 742-4946
cathy.breitenbach@chicagoparkdistrict.com
Vice-President
Gia Biagi Commissioner
Chicago Department of Transportation
30 N. LaSalle Street
Suite 1100 )
Chicago, IL 60602
312.744.3600
gia.biagi@cityofchicago.org
Secretary
Jessica Fong Director of Education Openlands
25 E. Washington St, Suite 1650 Chicago, IL 60602 312-863-6250 jessicafong@gmail.com
Treasurer
Wyllys Mann MVAH Partners, LLC Regional Development Director wyllysmann@gmail.com
Directors
Kate Ansorge
Managing Director
Chicago Real Estate Services
Illinois Facilities Fund
333 S. Wabash Ave, Suite 2800
Chicago, IL 60604
312-629-0060
kateansorge@gmail.com
Dr. Allison Arwady Commissioner
Chicago Department of Public Health 333 S. State Street, Room 200 Chicago, IL 60604 312-747-9870
al1ison.arwady(fl)citvofchicago.orK,
Walter Burnett Alderman, 27,h Ward 4 N Western Ave, Unit IC Chicago, IL 60612 312-432-1995
wbumett@cityofchicago.org Dennis Deer
Cook County Commissioner 2nd District
118 N. Clark St, Suite 567 Chicago IL 60602 312-603-3019
Dennis.deer@cookcountyil.gov
Shemuel B. Israel, DC Healthy Habits By Design PO Box 802927. Chicago, Illinois 60680 773-722-2561
nlgreeningcommittee@gmail.com
Ari W. Krigel Partner
Freeborn & Peters, LLC
311 South Wacker Drive, Suite 3000
Chicago, IL 60606-6677
(312) 360-6726
akrigel@freebom.com
Commissioner Jose M. Munoz Chicago Park District 541 North Fairbanks Court Chicago, IL 60611 Jose@lacasanorte.org
Directors
Craig Stevenson
Open Architecture Collaborative
crai g. stevenson7@gmai 1 .com
Jacqui Ulrich Director
Conservation & Experiential Programming Forest Preserve District of Cook County 536 N. Harlem River Forest, IL 60305 708-771-1573
jacqui.ulrich@cookcountyil.gov
Christy Webber President
Christy Webber Landscapes 2900 W. Ferdinand Street Chicago, IL 60612 (773) 533-0477 christv@christywebber.com
Ex Officio Directors
Arnold Randall Rosa Escareno
General Superintendent General Superintendent & CEO
Forest Preserve District of Cook County Chicago Park District
536 North Harlem Avenue 541 North Fairbanks Court
(312)-742-4200
Superintendent.Escareno@
chicagoparkdistrict.com
River Forest, IL 60305 Chicago, IL 60611
(708)771-1511
Arnold. Randall(S>cookcountyil.gov
Executive Director
Ben Helphand
Executive Director
NeighborSpace
445 N. Sacramento Blvd
Chicago, IL 60612
773-826-3127
helphand@gmail.com