HomeMy WebLinkAbout019-R-21 Consulting Contract for New TIF1 /26/2020
19-R-21
A RESOLUTION
Authorizing the City Manager to Negotiate and Execute a Consulting
Contract with Kane McKenna and Associates, Inc. to Study the
Creation of a New TIF District
WHEREAS, the City of Evanston seeks to enter into a consulting
contract with Kane McKenna and Associates, Inc. to study the eligibility of the creation
of a new west Evanston Tax Increment Financing ("TIF") district; and
WHEREAS, the next phase of the TIF review and implementation will take
approximately four to six months to complete and will further examine the eligibility
factors, identify redevelopment opportunities, draft the house impact studies, scheduling
and participating in the public hearings and Joint Review Board ("JRB") meetings and
maintain/file paperwork for the TIF with the State of Illinois; and
WHEREAS, the consulting agreement shall not exceed $61,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized to negotiate and
execute a consulting contract, on behalf of the City of Evanston, with Kane McKenna
and Associates, Inc. for an amount not to exceed $61,000 to study the eligibility of the
creating of a new west Evanston TIF district.
19-R-21
SECTION 3: That this Resolution 19-R-21 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Stephen H. Hagerty, Mayor
Attest: Approved as to form:
Devon Reid, City Clerk Kelley A. Gandurski, Corporation Counsel
Adopted: February 8 , 2021
-2-
19-R-21
EXHIBIT 1
Professional Services Agreement with Fire Recovery USA, LLC
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PRELIMINARY DRAFT FOR INTERNAL REVIEW ONLY
MEMO
TO: Paul Zalmezak, Kathryn Boden
City of Evanston
FROM: Kane, McKenna and Associates, Inc.
DATE: January 18, 2021
RE: Preliminary Tax Increment Financing (TIF) Eligibility Report
EXECUTIVE SUMMARY:
Kane, McKenna & Associates, Inc. ("KMA") was retained by the City of Evanston to
do a preliminary evaluation of an area consisting of approximately 283 tax parcels
(refer to Exhibit A for map) to determine if the area could potentially qualify as a Tax
Increment Finance District ("TIF") under the Illinois Increment Allocation
Redevelopment Act, 65 ILCS Section 5/11-74.4-1 et sec., as amended ("the Act").
KMA reviewed these approximately 283 properties to determine whether at least
three (3) of these TIF qualifying factors are potentially present, pursuant to these TIF
Act eligibility requirements. KMA has found that, on a preliminary basis, these tax
parcels, taken together as a whole, have the potential to meet six (6) of the thirteen
(13) qualifying factors for designation as a TIF "Conservation Area", as defined in
the Act. The findings set out below are preliminary, will need to be supplemented by
review of the findings with the City, its attorneys, and engineers.
I. Introduction
At the request of the City of Evanston (the "City"), Kane, McKenna & Associates,
Inc. ("KMA") has reviewed the area consisting of approximately 283 tax parcels
primarily, but not limited to, the area along the east and west sides of Green Bay
Road between Clark Street to the south and Payne Street and Leonard Place to the
north (the "Study Area"). KMA reviewed this Study Area in order to determine if
Tax Increment Finance (TIF) district eligibility factors are potentially present,
pursuant to the Illinois Tax Increment Allocation Redevelopment Act ("the Act").
The methodology and findings described herein are preliminary and subject to
additional review and input from City staff and further investigation of the data by
KMA in order for KMA to confirm of eligibility of the Study Area for designation as a
Tax Increment Financing District pursuant to the Illinois Tax Increment. A summary
of the Act's thirteen (13) eligibility criteria for a Conservation Area, along with the
details of KMA's preliminary analysis and findings are below.
The Study Area includes the approximately 283 tax parcels shown in Exhibit A. A
majority of the parcels are improved with approximately 226 structures consisting of
a mix of commercial, industrial, residential, recreational, and institutional uses. A
map of the Study Area can be found in Exhibit B.
II. Methodolo2v
In evaluating the area's potential qualification as a TIF District, the following
methodology was utilized:
1) KMA undertook a preliminary field survey of the area to ascertain the
predominant uses and exterior conditions of structures and parcel sites, as well
as the conditions of streets, alleys, public walks, and other public
improvements within the Study Area;
2) KMA examined 2014 through 2019 tax assessment information from the
Cook County Clerk's Office and Assessor's Office
3) KMA looked at City planning documents, as well as information provided by
City staff regarding code violations, and public infrastructure and utilities
within the Study Area.
III. TIF Improved Area — Oualification Factors:
Under the Act, "Conservation Area" means any improved, or vacant, area within the
boundaries of a redevelopment project area located within the territorial limits of the
municipality, in which 50% or more of the structures in the area have an age of 35
years or more, and where certain conditions are met, as identified below. (ILCS 5/11-
74.4-1 et. Seq., as amended.). KMA estimates, that approximately two -hundred (200)
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January 18,2021
of the estimated 226 structures, or 88%, are over 35 years of age. If a conservation
area, industrial, commercial and residential buildings or improvements are
detrimental to the public safety, health or welfare because of a combination of three
(3) or more of the following factors, each of which is (i) present, with that presence
documented to a meaningful extent so that a municipality may reasonably find that
the factor is clearly present within the intent of the Act and (ii) reasonably distributed
throughout the improved part of the Redevelopment Project Area:
(A) Dilapidation. An advanced state of disrepair or neglect of necessary
repairs to the primary structural components of building or
improvements in such a combination that a documented building
condition analysis determines that major repair is required or the
defects are so serious and so extensive that the buildings must be
removed.
(B) Obsolescence. The condition or process of falling into disuse.
Structures become ill -suited for the original use.
(C) Deterioration. With respect to buildings, defects including, but not
limited to, major defects in the secondary building components such as doors,
windows, porches, gutters, downspouts, and fascia. With respect to surface
improvements, that the condition of roadways, alleys, curbs, gutters,
sidewalks, off-street parking and surface storage areas evidence deterioration,
including, but limited to, surface cracking, crumbling, potholes, depressions,
loose paving material and weeds protruding through paved surfaces.
(D) Presence of Structures Below Minimum Code Standards. All
structures that do not meet the standards of zoning, subdivision, building, fire
and other governmental codes applicable to property, but not including
housing and property maintenance codes.
(E) Illegal Use of Individual Structures. The use of structures in violation
of applicable federal, State, or local laws, exclusive of those applicable to the
presence of structures below minimum code standards.
(F) Excessive Vacancies. The presence of buildings that are unoccupied
or under-utilized and that represent an adverse influence on the area because
of the frequency, extent, or duration of the vacancies.
(G) Lack of Ventilation, Light, or Sanitary Facilities. The absence of
adequate ventilation for light or air circulation in spaces or rooms without
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January 18, 2020
windows, or that require the removal of dust, odor, gas, smoke or other
noxious airborne materials. Inadequate natural light and ventilation means the
absence of skylights or windows for interior spaces or rooms and improper
window sizes and amounts by room area to window area ratios. Inadequate
sanitary facilities refers to the absence or inadequacy of garbage storage and
enclosure, bathroom facilities, hot water and kitchens and structural
inadequacies preventing ingress and egress to and from all rooms and units
within a building.
(H) Inadequate Utilities. Underground and overhead utilities such as storm
sewers and storm drainage, sanitary sewers, water lines and gas, telephone and
electrical services that are shown to be inadequate. Inadequate utilities are
those that are: (i) of insufficient capacity to serve the uses in the
Redevelopment Project Area; (ii) deteriorated, antiquated, obsolete or in
disrepair; or (iii) lacking within the Redevelopment Project Area.
(I) Excessive Land Coverage and Overcrowding of Structures and
Communitv Facilities. The over -intensive use of property and the crowding
of buildings and accessory facilities onto a site. Examples of problem
conditions warranting the designation of an area as exhibiting excessive land
coverage are: (i) the presence of buildings either improperly situated on
parcels or located on parcels of inadequate size and shape in relation to
present-day standards of development for health and safety and (ii) the
presence of multiple buildings on a single parcel. For there to be a finding of
excessive land coverage, these parcels must exhibit one or more of the
following conditions: insufficient provision for light and air within or around
buildings, increased threat of spread of fire due to the close proximity of
buildings, lack of adequate or proper access to a public right-of-way, lack of
reasonably required off-street parking or inadequate provision for loading
service.
(J) Deleterious Land -Use or Lavout. The existence of incompatible land -use
relationships, buildings occupied by inappropriate mixed -uses or uses
considered to be noxious, offensive or unsuitable for the surrounding area.
(K) Environmental Clean-Un. The Redevelopment Project Area has incurred
Illinois Environmental Protection Agency or United States Environmental
Protection Agency remediation costs for (or a study conducted by an
independent consultant recognized as having expertise in environmental
remediation has determined a need for) the clean-up of hazardous waste,
hazardous substances or underground storage tanks required by State or
federal law. Any such remediation costs would constitute a material
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January 18, 2020
impediment to the development or redevelopment of the Redevelopment
Project Area.
(L) Lack of Community Planning. The Redevelopment Project Area was
developed prior to or without the benefit or guidance of a community plan.
This means that the development occurred prior to the adoption by the
municipality of a comprehensive or other community plan or that the plan was
not followed at the time of the area's development. This factor must be
documented by evidence of adverse or incompatible land -use relationships,
inadequate street layout, improper subdivision, parcels of inadequate shape
and size to meet contemporary development standards or other evidence
demonstrating an absence of effective community planning.
(M) "Stagnant" or Declining EAV. The total equalized assessed value (EAV)
of the Redevelopment Project Area has declined for three (3) of the last five
(5) calendar years prior to the year in which the Redevelopment Project Area
is designated, or is increasing at an annual rate that is less than the balance of
the municipality for three (3) of the last five (5) calendar years, for which
information is available or increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published by the United
States Department of Labor or successor agency for three (3) of the last five
(5) calendar years prior to the year in which the Redevelopment Project Area
is designated.
III. Preliminary Improved Area Oualification Factors and TIF Eligibility
As a result of KMA's preliminary evaluation of the Study Area, the following factors
are identified for potential qualification of the area as a "Conservation area" — Note:
All findings are to be supplemented by additional information as described
below, or provided at a later date:
"Conservation Area" Oualification Factors
Obsolescence — The Study Area appears to meet the Illinois TIF Act's required
"Conservation Area" threshold finding that at least fifty percent (50%) of the
structures in the Study Area are more than thirty-five (35) years old. KMA's
preliminary analysis suggests that approximately eighty-eight (88%) of the structures
within the Study Area are more than thirty-five (35) years old.
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January 18, 2021
1. Obsolescence — Under the Act, obsolescence is defined as the condition or
process of falling into disuse. Structures have become ill suited for their
original use. The Study Area potentially includes both functional and
economic obsolescence.
As indicated previously, pursuant to KMA's preliminary analysis of Cook
County data, it is estimated that approximately eighty—eight (88%) of the
estimated 226 structures within the Study Area are over thirty-five (35) years
old. In addition, it appears that approximately eighty-two percent (82%) of
the approximate 226 structures are over fifty (50) years old, and
approximately sixty-eight percent (68%) of the estimated 226 structures are
over seventy-five (75) years old. In fact, Cook County data suggests that over
fifty percent (50%), or approximately fifty-five (55%) of the estimated 226
structures, are over one -hundred (100) years old. Inherent with the advanced
building ages of what appears to be a significant proportion of the structures
within the Study Area is obsolescence. Generally, the presence of an
abundance of aging structures contributes to obsolescence of the Study Area.
In addition, the vintage development configurations associated with these
advanced building ages, as compared to contemporary development standards
and market conditions, contribute to their functional and economical obsolete.
Examples of such potential functional and economic obsolescence within the
Study Area was seen in incompatible land uses adjacent to one another
without adequate buffering such as residential and commercial uses,
insufficient off-street parking, excessive building lot coverage, and uses not
consistent with original intended uses such as single-family structures used as
multi -family structures or formerly residential structures used for commercial
operations, among others.
2. Deterioration of Buildings and Site Improvements — The Act states that
with respect to buildings, defects include, but are not limited to, major defects
in the secondary building components such as doors, windows, porches,
gutters, downspouts, and fascia. With respect to surface improvements, the
condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking and
surface storage areas evidence deterioration, including, but not limited to,
surface cracking, crumbling, potholes, depressions, loose paving material and
weeds protruding through paved surfaces.
Based on KMA's field observations, and consistent with the apparent
advanced ages of the majority of the structures, KMA estimates that at least
fifty percent (50%) observed building exteriors and site improvements, among
MEMO
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January 18, 2021
all use types, suffer from some sort of deterioration. Most of the deterioration
preliminarily observed at building exteriors consists of, but was not limited to,
deteriorated windows and doors or window and door frames, deteriorated or
damaged overhead garage doors, masonry in need of tuckpointing, damaged
exterior wood or metal siding, faded or peeling paint, damaged stair or stair
rail systems, damaged gutters or downspout, and deteriorated building signage
or awnings.
Deteriorated conditions related to site improvements that were preliminary
observed include, but are not limited to, broken or damaged wood and metal
fencing; cracked, crumbling or loose pavement at asphalt -paved parking lots,
driveways or driveway aprons, and streets; settlement or potholes in pavement
at parking lots, driveways or driveway aprons, and streets; cracked paving at
concrete alleyways, weed/vegetation growth in cracked pavement and/or loose
pavement; faded and cracked parking space striping and other traffic control
paint at off-street parking surfaces and curbs, and deteriorated or crumbling
curbs and gutters.
3. Excessive Land Coverage and Overcrowding of Structures and
Communitv Facilities - The Act states that excessive land coverage and
overcrowding of structures and community facilities consist of over -intensive
use of property and the crowding of buildings and accessory facilities onto a
site. Examples of problem conditions warranting the designation of an area as
one exhibiting excessive land coverage are: (i) the presence of buildings either
improperly situated on parcels or located on parcels of inadequate size and
shape in relation to present-day standards of development for health and
safety and (ii) the presence of multiple buildings on a single parcel. For there
to be a finding of excessive land coverage, these parcels must exhibit one or
more of the following conditions: insufficient provision for light and air
within or around buildings, increased threat of spread of fire due to the close
proximity of buildings, lack of adequate or proper access to a public right-of-
way, lack of reasonably required off-street parking, or inadequate provision
for loading service.
Excessive land coverage and overcrowding of structures also appeared to exist
throughout the Study Area, primarily as inadequate off-street parking at
commercial properties. In addition, the amount of space at many of the
loading areas of the older commercial uses in the Study Area appear to be
inadequate by contemporary standards and seem to rely on streets or off-street
parking and alleyway parking for some part of loading operation. To the
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January 18, 2021
extent that these loading area deficiencies are inconsistent with City land use
and zoning regulations are subject of further review with City staff, The
existence of alleyways throughout all of the blocks within the Study Area
have facilitated what appears to be excessive land coverage at residential
parcels, compared to today's standards, by encouraging a seemingly
ubiquitous development of detached garages on the rear lots of their
residential structures.
4. Lack of Communitv PlanninLy - The Act states that the Redevelopment
Project Area was developed prior to or without the benefit or guidance of a
community plan. This means that the development occurred prior to the
adoption by the municipality of a comprehensive or other community plan, or
the plan was not followed at the time of the area's development. This factor
must be documented by evidence of adverse or incompatible land -use
relationships, inadequate street layout, improper subdivision, parcels of
inadequate shape size to meet contemporary development standards, or other
evidence demonstrating an absence of effective community planning.
Much of the Study Area (approximately 82% of the structures). was
developed well before the City's adoption of its first comprehensive plan in
1972. A significant proportion of the area appears to have been developed at
least fifty (50) years prior to adoption of the City's first comprehensive plan,
well before contemporary market conditions and development standards. The
age and layout of these older structures look as if they have contributed to the
presence of land use relationships that establish a lack of community planning
in the Study Area.
Preliminarily, current conditions that result from a lack of community
planning seem to consist of poor traffic circulation generated by numerous
dead-end streets and alleyways, irregular lot configurations and sizes,
inefficient ingress/egress at certain locations, parcel layouts that do not
meet modern development standards, insufficient off-street parking and
loading zones, incompatible land uses adjacent to one another without
adequate buffering, and lot coverages in excess of contemporary zoning
standards.
5. Inadequate Utilities - Under the Act, inadequate utilities are those that are:
(i) of insufficient capacity to serve the uses in the Redevelopment Project
Area;
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January 18, 2021
(ii) deteriorated, antiquated, obsolete or in disrepair; or (iii) lacking within the
Redevelopment Project Area.
City public works staff estimates that there are 12,655 feet of water main
between 6" and 18" diameter that is more than 80 years old that and in need of
replacement. Given the apparent advanced age of this and possibly other
infrastructure such as storm and sanitary sewer, this qualification factor
requires further review with City staff and engineers.
6. "Stagnant" or Declining EAV - The total equalized assessed value ("EAV")
of the redevelopment project area has declined for three (3) of the last five (5)
calendar years prior to the year in which the redevelopment project area is
designated, or is increasing at an annual rate that is less than the balance of the
municipality for three (3) of the last five (5) calendar years, for which
information is available, or increasing at an annual rate that is less than the
Consumer Price Index (CPI) for All Urban Consumers published by the
United States Department of Labor or successor agency for five (5) of the last
five (5) calendar years prior to the year in which the redevelopment project
area is designated.
The table in Exhibit C suggests that the total EAV of the Study Area has been
increasing at an annual rate that is less than the balance of the
municipality for three (3) of the last five (5) calendar years, for which
information is available.
IV. Summary
Based upon our preliminary review, the following TIF qualifications may be present,
subject to further review of KMA's findings by City staff.
Studv Area Potential TIF Factors
Conservation Area 1) Obsolescence
2) Deterioration
3) Excessive Land Coverage
4) Lack of Community Planning
5) Inadequate Utilities
6) "Stagnant" or Declining EAV
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January 18, 2021
These findings are preliminary — to be supplemented by the review of these
findings with the City staff.
KMA's observations and analysis of the Study Area suggests that it could
worthwhile to examine possible modifications to the tax parcels list and
corresponding proposed TIF boundaries. KMA is available for discuss of
various options for for proposed TIF boundaries.
EXHIBIT A
PROPOSED TIF DISTRICT TAX PARCELS
10-12-414-004-0000
10-12-420-012-0000
10-12-422-012-0000
10-12-414-005-0000
10-12-420-013-0000
10-12-422-013-0000
10-12-414-006-0000
10-12-420-014-0000
10-12-422-014-0000
10-12-414-008-0000
10-12-420-015-0000
10-12-422-015-0000
10-12-414-009-0000
10-12-420-016-0000
10-12-422-017-0000
10-12-415-002-0000
10-12-420-017-0000
10-12-422-003-0000
10-12-415-003-0000
10-12-420-018-0000
10-12-422-018-0000
10-12-415-004-0000
10-12-420-021-0000
10-12-422-019-0000
10-12-415-005-0000
10-12-420-022-0000
10-12-423-011-0000
10-12-415-006-0000
10-12-420-023-0000
10-12-423-012-0000
10-12-415-007-0000
10-1.2-420-024-0000
10-12-424-015-0000
10-12-415-008-0000
10-12-420-025-0000
10-12-424-016-0000
10-12-415-009-0000
10-12-420-026-0000
10-12-425-009-0000
10-12-415-010-0000
10-12-420-027-0000
10-12-500-001-0000
10-12-415-011-0000
10-12-420-028-0000
10-13-201-026-0000
10-12-415-012-0000
10-12-420-029-0000
10-13-201-027-0000
10-12-415-013-0000
10-12-420-030-0000
10-13-201-028-0000
10-12-415-014-0000
10-12-420-031-0000
10-13-203-004-0000
10-12-416-003-0000
10-12-420-032-0000
10-13-203-031-0000
10-12-416-005-0000
10-12-421-001-0000
10-13-203-005-0000
10-12-416-006-0000
10-12-421-002-0000
10-13-203-006-0000
10-12-416-007-0000
10-12-421-003-0000
10-13-203-007-0000
10-12-416-008-0000
10-12-421-004-0000
10-13-203-008-0000
10-12-416-009-0000
10-12-421-005-0000
10-13-203-009-0000
10-12-416-010-0000
10-12-421-006-0000
10-13-203-010-0000
10-12-416-011-0000
10-12-421-007-0000
10-13-203-018-0000
10-12-416-012-0000
10-12-421-008-0000
10-13-203-020-0000
10-12-416-015-0000
10-12-421-009-0000
10-13-203-030-0000
10-12-416-016-0000
10-12-421-014-0000
10-13-204-004-0000
10-12-416-017-0000
10-12-421-015-0000
10-13-204-005-0000
10-12-416-018-0000
10-12-421-016-0000
10-13-204-006-0000
10-12-416-020-0000
10-12-421-017-0000
10-13-204-007-0000
10-12-416-021-0000
10-12-421-018-0000
10-13-204-008-0000
10-12-416-022-0000
10-12-421-019-0000
10-13-204-009-0000
10-12-416-023-0000
10-12-421-022-0000
10-13-204-012-0000
10-12-420-001-0000
10-12-421-025-0000
10-13-204-013-0000
10-12-420-002-0000
10-12-421-026-0000
10-13-204-014-0000
10-12-420-003-0000
10-12-421-023-0000
10-13-204-015-0000
10-12-420-004-0000
10-12-421-024-0000
10-13-204-016-0000
10-12-420-005-0000
10-12-422-001-0000
10-13-204-017-0000
10-12-420-006-0000
10-12-422-016-0000
10-13-204-024-0000
10-12-420-007-0000
10-12-422-004-0000
10-13-204-025-0000
10-12-420-008-0000
10-12-422-005-0000
10-13-205-001-0000
10-12-420-009-0000
10-12-422-006-0000
10-13-205-002-0000
10-12-420-010-0000
10-12-422-007-0000
10-13-205-003-0000
10-12-420-011-0000
10-12-422-008-0000
10-13-205-004-0000
10-13-205-005-0000
10-13-211-025-0000
10-13-213-012-0000
10-13-205-006-0000
10-13-211-026-0000
10-13-213-013-0000
10-13-205-007-0000
10-13-211-028-0000
10-13-213-014-0000
10-13-205-008-0000
10-13-211-029-0000
10-13-213-017-0000
10-13-205-009-0000
10-13-211-030-0000
10-13-213-020-0000
10-13-206-002-0000
10-13-211-031-0000
10-13-213-021-0000
10-13-206-004-0000
10-13-212-001-0000
10-13-213-019-0000
10-13-206-005-0000
10-13-212-002-0000
10-13-500-009-0000
10-13-210-007-0000
10-13-212-004-0000
10-13-500-015-0000
10-13-210-008-0000
10-13-212-005-0000
11-07-118-001-0000
10-13-210-009-0000
10-13-212-006-0000
11-07-118-002-0000
10-13-210-010-0000
10-13-212-007-0000
11-07-118-004-0000
10-13-210-011-0000
10-13-212-008-0000
11-18-100-001-0000
10-13-210-012-0000
10-13-212-009-0000
11-18-100-002-0000
10-13-210-013-0000
10-13-212-010-0000
11-18-100-003-0000
10-13-210-014-0000
10-13-212-011-0000
11-18-100-004-0000
10-13-210-015-0000
10-13-212-012-0000
11-18-100-005-0000
10-13-210-016-0000
10-13-212-013-0000
11-18-100-006-0000
10-13-210-017-0000
10-13-212-015-0000
11-18-100-007-0000
10-13-210-018-0000
10-13-212-014-0000
11-18-100-008-0000
10-13-210-019-0000
10-13-212-016-0000
11-18-100-009-0000
10-13-210-031-0000
10-13-212-017-0000
11-18-100-010-0000
10-13-211-001-0000
10-13-212-018-0000
11-18-100-011-0000
10-13-211-002-0000
10-13-212-019-0000
11-18-100-012-0000
10-13-211-003-0000
10-13-212-020-0000
11-18-100-013-0000
10-13-211-004-0000
10-13-212-021-0000
11-18-100-014-0000
10-13-211-005-0000
10-13-212-022-0000
11-18-100-015-0000
10-13-211-006-0000
10-13-212-023-0000
11-18-100-016-0000
10-13-211-007-0000
10-13-212-024-0000
11-18-100-017-0000
10-13-211-008-0000
10-13-212-025-0000
11-18-100-018-0000
10-13-211-009-0000
10-13-212-026-0000
11-18-100-019-0000
10-13-211-010-0000
10-13-212-028-0000
11-18-100-020-0000
10-13-211-011-0000
10-13-212-029-0000
11-18-100-021-0000
10-13-211-012-0000
10-13-212-027-0000
11-18-100-022-0000
10-13-211-013-0000
10-13-212-030-0000
11-18-100-023-0000
10-13-211-014-0000
10-13-212-031-0000
11-18-100-024-0000
10-13-211-015-0000
10-13-212-003-0000
11-18-100-025-0000
10-13-211-016-0000
10-13-213-001-0000
11-18-100-026-0000
10-13-211-017-0000
10-13-213-002-0000
11-18-100-027-0000
10-13-211-018-0000
10-13-213-003-0000
11-18-100-028-0000
10-13-211-019-0000
10-13-213-006-0000
11-18-106-024-0000
10-13-211-020-0000
10-13-213-007-0000
11-18-106-026-0000
10-13-211-021-0000
10-13-213-008-0000
11-18-106-027-0000
10-13-211-022-0000
10-13-213-009-0000
11-18-106-028-0000
10-13-211-023-0000
10-13-213-010-0000
11-18-106-029-0000
10-13-211-024-0000
10-13-213-011-0000
11-18-116-017-0000
11-18-116-018-0000
11-18-116-019-0000
11-18-116-020-0000
11-18-116-021-0000
11-18-116-022-0000
11-18-116-023-0000
11-18-501-001-0000
11-18-501-004-0000
EXHIBIT B
MAP OF PROPOSED TIF DISTRICT
0
EXIBIT C
EAV ANALYSIS
EAV ANALYSIS
PROPOSED EVANSTON TIF
Total EAV
%change
City EAV
Balance City EAV
%change
CPI
2019
2018
2017
2016
2015
34,446,678
26,826,743
26,280,894
25,716,350
23,237,658
28.40%
2.08%
2.20%
10.67%
-2.69%
3,432,148,547
2,720,580,914
2,740,060,120
2,670,411,769
2,196,021,525
3,397,701,869
2,693,754,171
2,713,779,226
2,644,695,419
2,172,783,867
26.13%
-0.74%
2.61%
21.72%
-2.16%
1.70%
2.40%
2.10%
1.30%
0.10%
2014
23,879,273
2,244,569,975
2,220,690,702
0.00%
1.60%
Dane, McKenna
and Associates, Inc.
January 21, 2021
Mr. Paul Zalmezak
Economic Development Manager
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
150 North Wacker Drive T. 312.444.1702
Suite 1600 F: 312.444.9052
Chicago, Illinois 60606
RE: City of Evanston Proposed 5th Ward/West Evanston TIF
Dear Mr. Zalmezak:
Pursuant to our recent discussions with you, Kane, McKenna and Associates, Inc.
("KMA") is prepared to assist the City of Evanston, Illinois (the "City") in reference to
tax increment financing programs pertaining to the designation of the area generally
A
located along the east and west sides of Green Bay Road between Clark Street to the
south and Payne Street and Leonard Place to the north (the "TIF"),
Kane, McKenna and Associates, Inc: will provide the, following services to the City as
necessary, and only for areas specifically identified by the City.
PHASE I - UPDATE OF QUALIFICATION FACTORS AND ECONOMICS OF
THE PROPOSED TIF
1) KMA will assist the City, staff to confirm boundaries of the proposed
redevelopment areas based upon site visits, historic assessed value analysis and
results of any analysis presently or previously undertaken by the City. City staff
may be relied upon to provide assistance relating to GIS maps, land use surveys,
and sources of information relating to term of vacancy, utility service, etc.
2) Review the current EAV of the properties in relation to potential redevelopment
identified through City plans and goals.
3) Assist the City in meeting with affected taming districts concerning the proposed
TIF designation.
Mr. Paul Zalmezak
Page Two
January 21, 2021
f
4) Assist the City to update the "TIF eligibility analysis
At a minimum, the update would include the following:
a. Review areas for land use and conditions and summarize results.
b. Evaluate preliminary TIF District boundaries.
c. Prepare a survey analysis and identify necessary documentation to back np
findings, pursuant_ to any potential designation.
d. Review and discuss potential applicability of other economic development
programs, State, Federal or local.
PHASE II - COMPLETE IMPLEMENTATION TO REDEVELOPMENT. PLAN
AND PROJECT
If the City decides to move forward, KMA would, prepare the redevelopment plan for the
proposed area which would include:
l) A statement of redevelopment goals and objectives.
2) Examination of TIF or other program qualification factors and presentation of
rationale for basis under which the TIF District 'or other program is to be justified
under State law.
3) A statement of eligible redevelopment activities may be implemented under the
. Plan.
4) Presentation of analysis for the proposed redevelopment project including a
review of revenues and expenditures in relation to the proposed term of the TIF
District.
5) A detailed discussion of impediments to the successful redevelopment of the
proposed .area, and the measures the City could undertake to eliminate such
barriers so to promote economic revitalization to the said area.
Mr. Paul Zalmezak
Page Three
January 21,2021
b) Assist the City by participating in required public hearings and Joint Review
Board meetings, including: a) helping to insure preparation and execution of
proper notification as required for all meetings; and b) providing any and all
necessary support. r
7) Assist the City in participating in meetings with all interested and affected parties,
including property owners, and overlapping tax jurisdictions. KMA will help
City to follow the procedures for such gatherings as required by State law.
8) Work with the City's counsel to meet all the requirements of Illinois law so to
insure proper designation of the TIF District. `
9) Assist City's counsel in preparation of the appropriate Ordinances required for
adoption of the redevelopment plans and proposed project by the City to legally
designate the TIF District.
10) Assist the City to establish and maintain complete documentation files to assure
proper support of eligibility findings in order to support legal standing for
establishment of the TIF District.
11) Assist City to prepare and attend Public meetings as required by the TIF Act.
PHASE HB: Prepare HousinL, Impact Studv (HIS) -(If Required)
1) Prepare draft HIS conformant with requirements of the TIF Act.
2) Review draft HIS with City staff.
3) Finalize HIS for inclusion in draft TIF plan.
The Housing Impact Study may be necessary depending upon the number of inhabited
residential units within the boundaries of the proposed Project area, per the TIF Act.
Mr. Paul Zalmezak
Page Three
January 21,2021
COMPENSATION FOR SERVICES
i
Chairman/President $225.00/Hour
Executive/Senior Vice President $200.00/Houi
Officers $1+75.00/Hour
Associates $125.00/Hour
Research Associate $-70.00/Hour
Administrative $ 30.00/Hour
Hourly billings associated with Phase I are estimated to be in the range of $12,500 to
$15,000. Phase II billings are estimated to be in the range of $32,500 to $37,500. Phase
Ilb billings are estimated to be in the range of $7,500 to $8,500. These estimates may be
revised depending upon the number of meetings required by the City. Note: the
estimates do not include any out of pocket expenses associated with legal/newspaper
publication, preparation of the legal description, certified mailings and large scale
copying jobs associated with the mailings.
City shall have the right to cancel this Contract at any time upon three (3) business days'
notice.
Please indicate City's acceptance of this Agreement by executing the original and copy,
and by returning the original to us. We look forward to working with you on this
assignment.
Sincerely,
Robert Rychlicki
Executive Vice President
Nina J. Coppola
Vice President
Mr. Paul Zalmezak '
Page Four
January 21, 2021
AGREED TO:
i
4
f
i
Robert Rychlicki, Executive Vice President Date
Kane, McKenna and Associates, Inc.
City of Evanston
6
i
City of
Evanston
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional services for
New West Evanston Tax Increment Financing (TIF) District Eligibility Study and Plan
("the Project')
THIS AGREEMENT (hereinafter referred to as the "Agreement") entered into this 23_
day of February_ , 2021 between the City of Evanston, an Illinois municipal
corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201
(hereinafter referred to as the "City'), and Kane, McKenna and Associates, Inc.Lwith
offices located at 150 North Wacker Drive, Suite 1600 Chicaao, Illinois 60606
(hereinafter referred to as the "Consultant'. Compensation for all basic Services ("the
Services' provided by the Consultant pursuant to the terms of this Agreement shall not
exceed $61,000
I. COMMENCEMENT DATE
Consultant shall commence the Services no later than three (3) DAYS AFTER City
executes and delivers this Agreement to Consultant.
II. COMPLETION DATE
Consultant shall complete the Services within 26 weeks or by August 23, 2021 for
presentation to the City Council no later than September 13, 2021. If this Agreement
provides for renewals after an initial term, no renewal shall begin until agreed to in
writing by both parties prior to the completion date of this Agreement.
III. PAYMENTS
City shall pay Consultant those fees as provided here: Payment shall be made upon the
completion of each task for a project, as set forth in Exhibit A — Project Milestones and
Deliverables. Any expenses in addition to those set forth here must be specifically
approved by the City in writing in advance.
Revised 10/2011
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the "Services' set forth here: Services are those
as defined in Exhibit A and Consultant's New West Evanston TIF Contract Proposal
(Exhibit B)
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation (regardless of format)
provided by Consultant shall be in accordance with the standards of reasonable care and
skill of the profession, free from errors or omissions, ambiguities, coordination problems,
and other defects. Consultant shall take into account any and all applicable plans and/or
specifications furnished by City, or by others at City's direction or request, to Consultant
during the term of this Agreement. All materials, buildings, structures, or equipment
designed or selected by Consultant shall be workable and fit for the intended use
thereof, and will comply with all applicable governmental requirements. Consultant shall
require its employees to observe the working hours, rules, security regulations and
holiday schedules of City while working and to perform its Services in a manner which
does not unreasonably interfere with the City's business and operations, or the business
and operations of other tenants and occupants in the City which may be affected by the
work relative to this Agreement. Consultant shall take all necessary precautions to
assure the safety of its employees who are engaged in the performance of the Services,
all equipment and supplies used in connection therewith, and all property of City or
other parties that may be affected in connection therewith. If requested by City,
Consultant shall promptly replace any employee or agent performing the Services if, in
the opinion of the City, the performance of the employee or agent is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this Agreement.
Consultant is an independent Consultant and is solely responsible for all taxes,
withholdings, and other statutory or contractual obligations of any sort, including but not
limited to, Worker's Compensation Insurance. Nothing in this Agreement accords any
third -party beneficiary rights whatsoever to any non-party to this Agreement that any
non-party may seek to enforce. Consultant acknowledges and agrees that should
Consultant or its subconsultants provide false information, or fail to be or remain in
compliance with this Agreement, the City may void this Agreement. The Consultant
warrants and states that it has read the Contract Documents, and agrees to, be bound
thereby, including all performance guarantees as respects Consultant's work and all
indemnity and insurance requirements.
The Consultant shall obtain prior approval from the City prior to subcontracting
with any entity or person to perform any of the work required under this Agreement. If
the Consultant subcontracts any of the services to be performed under this Agreement,
the subconsultant agreement shall provide that the services to be performed under any
such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of
to another entity or person without the City's prior written consent. The Consultant shall
be responsible for the accuracy and quality of any subconsultant's work.
All subconsultant agreements shall include verbatim or by reference the
Revised 10/2011 2
provisions in this Agreement binding upon Consultant as to all Services provided by this
Agreement, such that it is binding upon each and every subconsultant that does work or
provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and others, as
may be directed by the City. This shall include attendance at meetings, discussions and
hearings as requested by the City. This cooperation shall extend to any investigation,
hearings or meetings convened or instituted by OSHA relative to this Project, as
necessary. Consultant shall cooperate with the City in scheduling and performing its
Work to avoid conflict, delay in or interference with the work of others, if any, at the
Project.
Except as otherwise provided herein, the nature and scope of Services specified
in this Agreement may only be modified by a writing approved by both parties. This
Agreement may be modified or amended from time to time provided, however, that no
such amendment or modification shall be effective unless reduced to writing and duly
authorized and signed by the authorized representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants that:
(1) Consultant possesses and will keep in force all required licenses to perform the
Services, (2) the employees of Consultant performing the Services are fully qualified,
licensed as required, and skilled to perform the Services.
C. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City terminates this
agreement, the City will make payment to Consultant for Services performed prior to
termination. Payments made by the City pursuant to this Agreement are subject to
sufficient appropriations made by the City of Evanston City Council. In the event of
termination resulting from non -appropriation or insufficient appropriation by the City
Council, the City's obligations hereunder shall cease and there shall be no penalty or
further payment required. In the event of an emergency or threat to the life, safety or
welfare of the citizens of the City, the City shall have the right terminate this Agreement
without prior written notice. Within thirty (30) days of termination of this Agreement,
the Consultant shall turn over to the City any documents, drafts, and materials, including
but not limited to, outstanding work product, data, studies, test results, source
documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical
specifications and calculations, and any other such items specifically identified by the
City related to the Services herein.
D. Independent Consultant. Consultant's status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant shall not
hold Consultant out, nor claim to be acting, as a servant, agent or employee of City.
Consultant is not authorized to, and shall not, make or undertake any agreement,
understanding, waiver or representation on behalf of City. Consultant shall at its own
expense comply with all applicable workers compensation, unemployment insurance,
employer's liability, tax withholding, minimum wage and hour, and other federal, state,
county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees
to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may
Revised 10/2011 3
be amended from time to time, applicable state and municipal safety and health laws
and all regulations pursuant thereto.
E. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the interests of City
in respect to the Services being provided hereunder except as shall have been expressly
disclosed in writing by Consultant to City and consented to in writing to City.
F. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs, models,
specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other
documents or materials required to be furnished by Consultant hereunder, including
drafts and reproduction copies thereof, shall be and remain the exclusive property of
City, and City shall have the unlimited right to publish and use all or any part of the
same without payment of any additional royalty, charge, or other compensation to
Consultant. Upon the termination of this Agreement, or upon request of City, during
any stage of the Services, Consultant shall promptly deliver all such materials to City.
Consultant shall not publish, transfer, license or, except in connection with carrying out
obligations under this Agreement, use or reuse all or any part of such reports and other
documents, including working pages, without the prior written approval of City,
provided, however, that Consultant may retain copies of the same for Consultant's own
general reference.
G. Payment. Invoices for payment shall be submitted by Consultant to City at the
address set forth above, together with reasonable supporting documentation, City may
require such additional supporting documentation as City reasonably deems necessary
or desirable. Payment shall be made in accordance with the Illinois Local Government
Prompt Payment Act, after City's receipt of an invoice and all such supporting
documentation.
H. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection, examination
and audit by City or City's authorized employees, agents or representatives, at all
reasonable time, all records respecting the services and expenses incurred by
Consultant, including without limitation, all book, accounts, memoranda, receipts,
ledgers, canceled checks, and any other documents indicating, documenting, verifying
or substantiating the cost and appropriateness of any and all expenses. If any invoice
submitted by Consultant is found to have been overstated, Consultant shall provide City
an immediate refund of the overpayment together with interest at the highest rate
permitted by applicable law, and shall reimburse all of City's expenses for and in
connection with the audit respecting such invoice.
I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and
its officers, elected and appointed officials, agents, and employees from any and all
liability, losses, or damages as a result of claims, demands, suits, actions, or
proceedings of any kind or nature, including but not limited to costs, and fees, including
attorney's fees, judgments or settlements, resulting from or arising out of any negligent
or willful act or omission on the part of the Consultant or Consultant's subcontractors,
employees, agents or subcontractors during the performance of this Agreement. Such
indemnification shall not be limited by reason of the enumeration of any insurance
Revised 10/2011 4
coverage herein provided. This provision shall survive completion, expiration, or
termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and use of their
own agents, attorneys, and experts, any claims, actions or suits brought against them.
The Consultant shall be liable for the costs, fees, and expenses incurred in the defense
of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or
waiver of defenses available to the City and employees and agents, including but not
limited to the Illinois Local Governmental and Governmental Employees Tort Immunity
Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel's option, Consultant must defend all suits
brought upon all such Losses and must pay all costs and expenses incidental to them,
but the City has the right, at its option, to participate, at its own cost, in the defense of
any suit, without relieving Consultant of any of its obligations under this Agreement. Any
settlement of any claim or suit related to this Agreement by Consultant must be made
only with the prior written consent of the City Corporation Counsel, if the settlement
requires any action on the part of the City.
To the extent permissible by law, Consultant waives any limits to the amount of
its obligations to indemnify, defend, or contribute to any sums due under any Losses,
including any claim by any employee of Consultant that may be subject to the Illinois
Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial
decision, including but not limited to, Kotecki v. Cyclops We/ding Corporation, 146 III. 2d
155 (1991). The City, however, does not waive any limitations it may have on its liability
under the Illinois Workers Compensation Act, the Illinois Pension Code or any other
statute.
Consultant shall be responsible for any losses and costs to repair or remedy work
performed under this Agreement resulting from or arising out of any act or omission,
neglect, or misconduct in the performance of its Work or its subConsultants' work.
Acceptance of the work by the City will not relieve the Consultant of the responsibility
for subsequent correction of any such error, omissions and/or negligent acts or of its
liability for loss or damage resulting therefrom. All provisions of this Section shall
survive completion, expiration, or termination of this Agreement.
J. Insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability insurance (which
shall include as a minimum the requirements set forth below) during the term of this
Agreement, for damages caused or contributed to by Consultant, and insuring
Consultant against claims which may arise out of or result from Consultant's
performance or failure to perform the Services hereunder: (1) worker's compensation in
statutory limits and employer's liability insurance in the amount of at least $500,000, (2)
comprehensive general liability coverage, and designating City as additional insured for
not less than $3,000,000 combined single limit for bodily injury, death and property
damage, per occurrence, (3) comprehensive automobile liability insurance covering
owned, non -owned and leased vehicles for not less than $1,000,000 combined single
limit for bodily injury, death or property damage, per occurrence, and (4) errors and
omissions or professional liability insurance respecting any insurable professional
Revised 10/2011 5
services hereunder in the amount of at least $1,000,000. Consultant shall give to the
City certificates of insurance for all Services done pursuant to this Agreement before
Consultant performs any Services, and, if requested by City, certified copies of the
policies of insurance evidencing the coverage and amounts set forth in this Section. The
City may also require Consultant to provide copies of the Additional Insured
Endorsement to said policy(ies) which name the City as an Additional Insured for all of
Consultant's Services and work under this Agreement. Any limitations or modification on
the certificate of insurance issued to the City in compliance with this Section that conflict
with the provisions of this Section shall have no force and effect. Consultant's certificate
of insurance shall contain a provision that the coverage afforded under the policy(s) will
not be canceled or reduced without thirty (30) days prior written notice (hand delivered
or registered mail) to City. Consultant understands that the acceptance of certificates,
policies and any other documents by the City in no way releases the Consultant and its
subcontractors from the requirements set forth herein. Consultant expressly agrees to
waive its rights, benefits and entitlements under the "Other Insurance" clause of its
commercial general liability insurance policy as respects the City. In the event
Consultant fails to purchase or procure insurance as required above, the parties
expressly agree that Consultant shall be in default under this Agreement, and that the
City may recover all losses, attorney's fees and costs expended in pursuing a remedy or
reimbursement, at law or in equity, against Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
K. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services hereunder, or
Consultant may develop confidential information for City. Consultant agrees (i) to treat,
and to obligate Consultant's employees to treat, as secret and confidential all such
information whether or not identified by City as confidential, (ii) not to disclose any such
information or make available any reports, recommendations and /or conclusions which
Consultant may make for City to any person, firm or corporation or use the same in any
manner whatsoever without first obtaining City's written approval, and (iii) not to
disclose to City any information obtained by Consultant on a confidential basis from any
third party unless Consultant shall have first received written permission from such third
party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, '5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a governmental
function are covered by the Act and subject to disclosure within limited statutory
timeframes (five (5) working days with a possible five (5) working day extension). Upon
notification from the City that it has received a Freedom of Information Act request that
calls for records within the Consultant's control, the Consultant shall promptly provide all
requested records to the City so that the City may comply with the request within the
required timeframe. The City and the Consultant shall cooperate to determine what
records are subject to such a request and whether or not any exemptions to the
disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and
defend the City from and against all claims arising from the City's exceptions to
disclosing certain records which Vendor may designate as proprietary or confidential.
Compliance by the City with an opinion or a directive from the Illinois Public Access
Revised 10/2011 6
Counselor or the Attorney General under FOIA, or with a decision or order of Court with
jurisdiction over the City, shall not be a violation of this Section.
L. Use of City's Name or Picture of Property. Consultant shall not in the
course of performance of this Agreement or thereafter use or permit the use of City's
name nor the name of any affiliate of City, nor any picture of or reference to its Services
in any advertising, promotional or other materials prepared by or on behalf of
Consultant, nor disclose or transmit the same to any other party.
M. No Assignments or Subcontracts. Consultant shall not assign or subcontract
all or any part or its rights or obligations hereunder without City's express prior written
approval. Any attempt to do so without the City's prior consent shall, at City's option, be
null and void and of no force or effect whatsoever. Consultant shall not employ,
contract with, or use the services of any other architect, interior designer, engineer,
consultant, special contractor, or other third party in connection with the performance of
the Services without the prior written consent of City.
N. Compliance with Applicable Statues, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal, state,
county, and municipal statues, ordinances and regulations, at Consultant's sole cost and
expense, except to the extent expressly provided to the contrary herein. Whenever the
City deems it reasonably necessary for security reasons, the City may conduct at its own
expense, criminal and driver history background checks of Consultant's officers,
employees, subcontractors, or agents. Consultant shall immediately reassign any such
individual who in the opinion of the City does not pass the background check.
O. Liens and Encumbrances. Consultant, for itself, and on behalf of all
subcontractors, suppliers, materialmen and others claiming by, through or under
Consultant, hereby waives and releases any and all statutory or common law mechanics'
materialmens' or other such lien claims, or rights to place a lien upon City property or
any improvements thereon in connection with any Services performed under or in
connection with this Agreement. Consultant further agrees, as and to the extent of
payment made hereunder, to execute a sworn affidavit respecting the payment and lien
releases of all subcontractors, suppliers and materialmen, and a release of lien
respecting the Services at such time or times and in such form as may be reasonably
requested by City. Consultant shall protect City from all liens for labor performed,
material supplied or used by Consultant and/or any other person in connection with the
Services undertaken by consultant hereunder, and shall not at any time suffer or permit
any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or
materialmen, or other person, firm or corporation, upon City property or any
improvements thereon, by reason or any claim or demand against Consultant or
otherwise in connection with the Services.
P. Notices. Every notice or other communication to be given by either party to the
other with respect to this Agreement, shall be in writing and shall not be effective for
any purpose unless the same shall be served personally or by United States certified or
registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100
Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to
Consultant at the address first above set forth, or at such other address or addresses as
City or Consultant may from time to time designate by notice given as above provided.
Revised 10/2011 7
Q. Attorney's Fees. In the event that the City commences any action, suit, or
other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement
by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall
recover from the Consultant as part of the judgment against Consultant, its attorneys'
fees and costs incurred in each and every such action, suit, or other proceeding.
R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement
shall in no way constitute a waiver by City of any contractual right hereunder, unless
such waiver is in writing and signed by City.
S. Severability. In the event that any provision of this Agreement should be held
void, or unenforceable, the remaining portions hereof shall remain in full force and
effect.
T. Choice of Law. The rights and duties arising under this Agreement shall be
governed by the laws of the State of Illinois. Venue for any action arising out or due to
this Agreement shall be in Cook County, Illinois. The City shall not enter into binding
arbitration to resolve any dispute under this Agreement. The City does not waive tort
immunity by entering into this Agreement.
U. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue
to perform its obligations while any dispute concerning the Agreement is being resolved,
unless otherwise directed by the City.
V. Survival. Except as expressly provided to the contrary herein, all provisions of
this Agreement shall survive all performances hereunder including the termination of the
Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant's noncompliance with any provision of Section 1-12-5 of
the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the
Consultant may be declared nonresponsible and therefore ineligible for future contracts
or subcontracts with the City, and the contract may be cancelled or voided in whole or in
part, and such other sanctions or penalties may be imposed or remedies invoked as
provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, marital status, national origin or
ancestry, or age or physical or mental disabilities that do not impair ability to work, and
further that it will examine all job classifications to determine if minority persons or
women are underutilized and will take appropriate affirmative action to rectify any such
underutilization. Consultant shall comply with all requirements of City of Evanston Code
Section 1-12-5.
Revised 10/2011 8
B. That, in all solicitations or advertisements
behalf, it will state that all applicants will be
discrimination because of race, color, religion, se
national origin, ancestry, or disability.
VII. SEXUAL HARASSMENT POLICY
for employees placed by it on its
afforded equal opportunity without
x, sexual orientation, marital status,
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105
et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the
following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant's internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission, and directions on how
to contact both; and
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its subconsultant
provide false information, or fail to be or remain in compliance with the Agreement, the
City may void this Agreement.
B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the
Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in
performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a
Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at
least five years have passed since the date of the conviction.
D. Consultant certifies that it has not been convicted of the offense of bid rigging or
bid rotating or any similar offense of any State in the U.S., nor made any admission of
guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies steel
products used or supplied in the performance of a contract for public works shall be
manufactured or produced in the U.S. unless the City grants an exemption.
Revised 10/2011 9
F. Consultant certifies that it is properly formed and existing legal entity, and as
applicable, has obtained an assumed name certificate from the appropriate authority, or
has registered to conduct business in Illinois and is in good standing with the Illinois
Secretary of State.
G. If more favorable terms are granted by Consultant to any similar governmental
entity in any state in a contemporaneous agreement let under the same or similar
financial terms and circumstances for comparable supplies or services, the more
favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, and C sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set forth
herein. There are no covenants, promises, agreements, conditions or understandings
between the parties, either oral or written, other than those contained in this
Agreement. This Agreement has been negotiated and entered into by each party with
the opportunity to consult with its counsel regarding the terms therein. No portion of the
Agreement shall be construed against a party due to the fact that one party drafted that
particular portion as the rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposal or contract
form submitted by Consultant be part of this Agreement unless agreed to in a writing
signed by both parties and attached and referred to herein as an Addendum, and in
such event, only the portions of such proposal or contract form consistent with this
Agreement and Exhibits hereto shall be part hereof.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By By:
Its: Its:
FEIN Number: Date:
Date:
Revised 10/2011 10
EXHIBIT A — Project Milestones and Deliverables
This EXHIBIT A to that certain Consulting Agreement dated _February 23_, 2021 between
the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201 ("City') and Kane, McKenna
and Associates, Inc., ("Consultant's sets forth the Commencement and Completion Date,
Services, Fees, and Reimbursable Expenses as follows:
I. COMMENCEMENT DATE: February 23, 2021
II. COMPLETION DATE: Auqust 23, 2021
III. FEES: not to exceed $61,000
IV. SERVICES/SCOPE OF WORK: Update the TIF eligibility analysis, prepare the
redevelopment plan, and prepare a Housing Impact Study as needed
As defined in Consultants New West Evanston TIF Contract Proposal (Exhibit B)
Dated: January 21, 2021
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