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HomeMy WebLinkAboutResolution_68-R-25-_Authorizing_the_City_Manager_to_Enter_into_an_Agreement_with_Family_Focus_for_its_Move_from_2010_Dewey_Avenue_to_1601-07_Simpson_Street-_and_a_Disposit_signed 12/8/2025 68-R-25 A RESOLUTION Authorizing the City Manager to Negotiate Agreement with Family Focus Regarding 2010 Dewey Avenue WHEREAS, Family Focus has operated out of its facility, located at 2010 Dewey Avenue, Evanston, Illinois (“FF Facility”), since 1983, and currently owns said facility, which has been designated a local landmark; and WHEREAS, Family Focus provides crucial services to City of Evanston residents, including Early Childhood Home Visiting, Doula Services, Family Advocacy, Youth andWelcomingCenter,theServices, Development Illinois tocontinues collaborate with the Fleetwood Jourdain Community Center to provide youth enrichment programs in the Fifth Ward; and WHEREAS, the City previously allocated funds to Family Focus, to be used for much-needed rehabilitation and maintenance of the FF Facility; and WHEREAS, Family Focus has since determined that the FF Facility rehabilitation needs are outside of its budget and, therefore, would like to move its operations to a new facility and pursue other potential dispositions for the FF Facility; WHEREAS, only a portion of the funds allocated by the City to Family Focus have been expended; and WHEREAS, the Evanston City Council believes it is in the best interest of the residents of the City of Evanston to assist Family Focus in planning for the Page 1 of 10 68-R-25 disposition of the FF Facility and reimbursing Family Focus for some of its costs using the remainder of the previously-allocated funds, as set forth in the proposed agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to negotiate an agreement, substantially similar to that attached hereto as Exhibit A, with Family Focus regarding the future of the FF Facility at 2010 Dewey Avenue. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions or terms with Family Focus as may be determined to be in the best interest of the City. SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2025 Approved as to form: _______________________________ Alexandra Ruggie, Corporation Counsel Page 2 of 10 December 8 68-R-25 EXHIBIT A AGREEMENT Page 3 of 10 AGREEMENT This AGREEMENT (this “Agreement”) is entered into this ____ day of ______, 2025 (the “Effective Date”), by and between the City of Evanston, a municipal corporation (“City”) and Family Focus, an Illinois not-for-profit corporation (“Family Focus”) (collectively, the “Parties”). RECITALS WHEREAS, the City is committed to enhancing the quality of life for its residents by providing collaborative opportunities with other organizations to allow the community to grow, learn, and create; and WHEREAS, Family Focus is committed to enhancing the quality of life for the community by providing collaborative opportunities with other organizations to allow the community to grow, learn, and create; and WHEREAS, Family Focus owns and has operated out of its facility, located at 2010 Dewey Avenue, Evanston, Illinois (“FF Facility”), since 1983; and WHEREAS, Family Focus provides crucial services to Evanston residents, including Early Childhood Home Visiting, Doula Services, Family Advocacy, Youth Development Services, the Illinois Welcoming Center, and continues to collaborate with the Fleetwood Jourdain Community Center to provide youth enrichment programs in the Fifth Ward; and WHEREAS, Family Focus desires to relocate to a new facility, located at 1601-07 Simpson Street, Evanston, Illinois, and outsource the significant repair and maintenance currently required for the FF Facility; and WHEREAS, the City allocated $3,000,000.00 in ARPA SLFRF funds (the “ARPA Funds”) in July, 2022, to Family Focus to rehabilitate the FF Facility and continue to provide services to Evanston residents; and WHEREAS, Family Focus desires to collaborate with the City in identifying potential purchasers for its FF Facility, a local landmark for its connection to the community; and WHEREAS, the City desires to obtain a portion of the eastern part of the FF Facility, adjacent to the Fleetwood Jourdain Community Center, including the playgrounds. Page 4 of 10 NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants and undertakings set forth herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed between the Parties hereto, as follows: 1. Recitals. The recitals set forth above are incorporated by reference herein and are made a part hereof. 2. The City’s Responsibilities. With respect to the FF Facility, the City agrees to do the following: a. Within 120 days of execution of this Agreement, implement a program theentities as appropriate to proposals requesting from future use of the FF Facility (the “City Proposal Program”). The terms of the City Proposal Program shall be determined by the Parties in consultation with one another, but because no City funds will be awarded, the City Proposal Program need not follow the RFP procedures set forth in Evanston City Code Title 1, Chapter 17. b. Determine, after consultation with Family Focus, which of the proffered proposals submitted as part of the City Proposal Program is most appropriate for Family Focus to accept. c. Within thirty (30) days of executing of this Agreement, reimburse Family Focus for the cost to move into its new facility, in an amount not to exceed $ 278,000.00 (the “Moving Funds”). In addition, within thirty (30) days of executing of this Agreement, the City will reimburse andrehabilitation FacilityFFthe forFocusFamily maintenance costs Family Focus incurred to date, in an amount not to exceed $257,142.00 (the “Rehabilitation Funds”). d. Reimburse Family Focus, on a quarterly basis, for its costs and expenses related to the maintenance of the FF Facility for the term of this Agreement, in an amount not to exceed $519,122.00 in total. 3. Family Focus’ Responsibilities. With respect to the FF Facility, Family Focus agrees to do the following: a. Cooperate fully with the City program to request proposals as to the future use of the FF Facility. b. Consult with the City regarding which of the proffered proposals should be accepted and accept such proposal within a reasonable time. Page 5 of 10 c. Throughout the term of this Agreement, allow the City access to the FF Facility as needed. d. Cooperate with the City regarding the subdivision, if necessary, and transfer of title to eastern portion of the property containing the FF Facility (the “Playground”) from Family Focus to the City. e. Reimburse the City for the amount of the Moving Funds and Rehabilitation Funds from any (net) sales proceeds it may receive from the sale of the FF Facility on a mutually agreed-upon pro rata basis. 4. Term. This Agreement shall be in effect for three (3) years from the Effective Date, unless earlier terminated. Notwithstanding the foregoing, this Agreement may be terminated by either Party at any time with our without cause with thirty (30) days prior written notice to the other Party. This Agreement will not automatically renew. 5. Default. In the event Family Focus fails to materially comply with its obligations set forth in this Agreement, the City reserves the right to terminate the City Proposal Program and also reserves the right to seek reimbursement of any funds allocated to Family Focus in accordance with this Agreement. Neither Party will be entitled to exemplary damages, consequential damages, attorneys’ fees, costs and/or any other class of damages not explicitly permitted in this provision of this Agreement. 6. Notices. All notices, demands, requests, or other communication desired or required under this Agreement shall be in writing and sent to the addresses set forth below, via one or more of the following means: (a) personal service; (b) electronic communication, either e-mail to the address(es) below or via facsimile, together with confirmation of transmission; (c) overnight courier; or (d) registered or certified U.S. Mail, postage prepaid, return receipt requested. If to the City: With a copy to: City of Evanston Community Development Department Sarah Flax, Director 909 Davis Street Evanston, IL 60201 sflax@cityofevanston.org City of Evanston Law Department Alexandra Ruggie, Corporation Counsel 909 Davis Street Evanston, IL 60201 aruggie@cityofevanston.org If to Family Focus: Family Focus Dara Cohen, CEO Page 6 of 10 Dottie Johnson, CFO 910 W. Van Buren Street #400 Chicago, IL 60607 Dara.Cohen@Family-Focus.org Dottie.Johnson@Family-Focus.org Changes in these addresses must be in writing and delivered in accordance with the provisions of this Section. Notices delivered by mail are considered received three days after mailing. Notices delivered personally are considered effective upon receipt. Refusal to accept delivery has the same effect as receipt. 7.FOIA and Local Records Act Compliance. a. FOIA. Family Focus acknowledges that the City is subject to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., as amended (“FOIA”). The FOIA requires the City to produce records (very broadly defined in FOIA) in response to a FOIA request in a very short period of time, unless the records are exempt under one of the limited FOIA exemptions. If Family Focus receives a request from the City to produce records within the scope of FOIA, then Family Focus covenants to comply with such request within one hundred twenty (120 ) hours of the date and time of such request from the City. Failure by Family Focus to timely comply with such request may be a breach of this Agreement. b. Exempt Information. Documents that Family Focus submits to the City under this Agreement, or otherwise during the term of the Agreement, that contain trade secrets and/or confidential or financial information may be exempt from disclosure under FOIA if disclosure would result in competitive harm. However, for documents to be treated as trade secrets or information that would cause competitive harm if released, FOIA requires that Family Focus mark any such documents as proprietary, privileged, or confidential. If Family Focus so marks a document, Family Focus will subsequently evaluate whether such document may be withheld under FOIA. The City, in its sole discretion, will determine whether a document will be exempted from disclosure, and that determination is subject to review by the Illinois Attorney General’s Office and/or the courts. c.Local Records Act. Family Focus acknowledges that the City is subject to the Local Records Act, 50 ILCS 205/1 et seq., as amended (the “Local Records Act”). The Local Records Act provides that public records may only be disposed of as provided in the Local Records Act. If requested by the City, Family Focus covenants to use its best efforts Page 7 of 10 consistently applied to assist the City in its compliance with the Local Records Act concerning records arising under or in connection with this Agreement and the transactions contemplated by the Agreement. 8. Records. The Parties shall maintain, for a minimum of five (5) years from the later of the date of this Agreement or the end of the Term, adequate books, records, and supporting documents. If an audit, litigation, or other action involving the records is begun before the end of the five-year period, the records shall be retained until all issues arising out of the action are resolved. 9. Indemnity by Family Focus. Family Focus agrees to indemnify, defend, and hold harmless the City, its officers, officials, members, agents, and employees from and against any and all losses, costs, damages, liabilities, claims, suits, judgments, demands, actions, causes of action of every kind or nature and expenses (including, without limitation, attorneys’ fees and court costs) arising out of or incidental to the failure of Family Focus to perform its obligations under this Agreement. Upon reasonable notice from the City of any claim which the City believes to be covered hereunder, Family Focus shall timely appear in and defend all suits brought upon such claim and shall pay all costs and expenses incidental thereto, but the City shall have the right, at its option and at its own expense, to participate in the defense of any suit, without relieving Family Focus of any of its obligations hereunder. The obligations set forth in this Section shall survive any termination or expiration of this Agreement. 10. Indemnity by the City. The City agrees to indemnify, defend, and hold harmless Family Focus, its officers, employees, and volunteers from and against any and all losses, costs, damages, liabilities, claims, suits, judgments, demands, actions, causes of action of every kind or nature and expenses (including, without limitation, attorneys’ fees and court costs) arising out of or incidental to the failure of the City to perform its obligations under this Agreement. Upon reasonable notice from Family Focus of any claim which Family Focus believes to be covered hereunder, the City shall timely appear in and defend all suits brought upon such claim and shall pay all costs and expenses incidental thereto, but Family Focus shall have the right, at its option and at its own expense, to participate in the defense of any suit, without relieving the City of any of its obligations hereunder. The obligations set forth in this Section shall survive any termination or expiration of this Agreement. 11. Insurance. Each Party shall maintain such policies of general and professional liability insurance as shall be necessary to insure it, and its employees, against any claim or claims for damages arising by reason of an act or omission in the performance of its respective obligations hereunder. Such policies shall be carried in the amounts of not less than $1,000,000.00 per occurrence. Each Party shall further maintain workers’ compensation and unemployment compensation Page 8 of 10 policies for its respective employees. Each Party shall have the other Party listed as an “additional insured” on any liability insurance policy which could relate to the FF Facility. 12. Cooperation; Resumption of Duties Upon Termination. Family Focus shall, at all times, cooperate fully with the City. If this Agreement is terminated for any reason prior to its expiration, Family Focus shall immediately resume responsibility for costs and expenses necessary in order to prevent the FF Facility from becoming an “unsafe building” pursuant to Illinois state law and the Evanston Municipal Code. 13. Entire Agreement. This Agreement contains the entire current agreement between the Parties with respect to the FF Facility. The Parties acknowledge that additional future agreements may be necessary in order to implement the obligations set forth in this Agreement. 14. Amendment. This Agreement may be modified or amended, but any such amendment must be in writing and signed by both Parties. 15. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable, and if by the Parties mutually agreement to limit of such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 16. Assignment; Parties in Interest. Neither Party may sell, assign, or transfer its obligations or rights under this Agreement without the prior written consent of the other Party hereto. The terms and provisions of this Agreement are binding upon, inure to the benefit of, and are enforceable by the respective successors and permitted assigns of the Parties hereto. 17. Counterparts. This Agreement may be executed in counterparts with the same effect as if both Parties had signed the same document. All such counterparts shall be deemed an original, shall be construed together, and shall constitute one and the same instrument. 18. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue for any action shall be the state and federal courts located in Cook County, Illinois. 19. Non-liability of Officials. No official, employee, or agent of the City shall be charged personally by Family Focus or by an assignee, contractor, or subcontractor of Family Focus, with any liability or expenses of defense, or be held personally liable under any term or provision of this Agreement. Page 9 of 10 20. Disclaimer. Nothing contained in this Agreement, nor any act of the City or Family Focus in accordance with this Agreement, shall be deemed or construed by either of the Parties, or by any third person, to create or imply any relationship of third-party beneficiary, principal, or agent (except as specifically provided otherwise herein or in future written agreements between the Parties), limited or general partnership or joint venture, or to create or imply any association or relationship involving the City. 21. Waiver. this in Nothing Agreement aof waiverauthorizesthe requirement or condition contrary to law or ordinance or that would result in or promote the violation of any federal, state, or local law or ordinance. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered as of the date first written above. FAMILY FOCUS, an Illinois not-for- profit: By: ________________________________ Name: Dara Cohen Its: President and CEO The CITY OF EVANSTON, a municipal corporation: By: ________________________________ Name: Luke Stowe Its: City Manager Approved as to form: __________________________ Alexandra B. Ruggie Corporation Counsel Page 10 of 10