HomeMy WebLinkAbout08-294 Resolution No. 08-294
RESOLUTION
-AUTHORIZING EXECUTION OF AN AGREEMENT WITH
KANE, McKENNA AND ASSOCIATES,INC. FOR CONSULTANT SERVICES
REGARDING THE BLUFF CITY QUARRY AREA
PROPOSED TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Kane,McKenna and Associates,
Inc.for consultant services regarding the Bluff City Quarry Area Proposed Tax Increment Financing
Redevelopment Project Area,a copy of which is attached hereto and made apart hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 17, 2008
Adopted: December 17, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
11/18/08
AGREEMENT
THIS AGREEMENT is made and entered into this /7Z ay of ,2008,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
Kane, McKenna and Associates, Inc., an Illinois Corporation (hereinafter referred to as
"CONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services
in connection with the proposed Bluff City Quarry Area Tax Increment Financing District
(hereinafter referred to as the PROJECT); and
WHEREAS, the CONSULTANT represents that it has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT that the
CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to perform the services
relating to the PROJECT as described herein, subject to the following terms and conditions and
stipulations, to-wit:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform the services for the PROJECT as outlined in
CONSULTANT'S letter of agreement dated September 4,2008, a copy of which is
attached hereto as Exhibit 1. Only Phase I services as outlined in Exhibit 1 are
initially authorized pursuant to this agreement. Authorization for Phase 11 or Phase
III services shall require a written amendment to this agreement.
B. All work hereunder shall be performed under the direction of the Corporation
Counsel of the CITY,hereinafter referred to as the "DIRECTOR".
2. SCHEDULE
CONSULTANT shall commence with the services to be provided pursuant to this agreement
upon entry into and execution of this agreement and shall complete such services as soon as
is reasonably practicable.
3. WORK PRODUCTS
All work products prepared by the CONSULTANT pursuant hereto including, but not
limited to,reports,plans,designs,calculations,work drawings,studies,photographs,models
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and recommendations shall be the property of the CITY and shall be delivered to the CITY
upon request of the DIRECTOR provided, however, that the CONSULTANT may retain
copies of such work products for its records. Such work products are not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any
other project, and such reuse shall be at the sole risk of the CITY without liability or legal
exposure to the CONSULTANT.
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4. PAYMENTS TO THE CONSULTANT
A. For services provided the CONSULTANT shall be paid at the direct hourly rate of its
personnel employed on the PROJECT as set forth in Exhibit 1 attached hereto with
the total fee for Phase I not to exceed Fifteen Thousand Dollars($15,000)except as
may be authorized in writing by the CITY.
B. Out-of-pocket expenses related to any mailing expenses,newspaper publication, or
the preparation of the legal description are not included in the above hourly fees.
CONSULTANT will not charge the CITY any travel expenses.
C. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within thirty(30) days after receipt and approval of invoice.
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports will be included with all payment requests.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT for work done
under this Agreement. The CONSULTANT shall make these records available at
reasonable times during the Agreement period,and for a year after termination of this
Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this
Agreement is so terminated, the CONSULTANT shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the amount set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a notice to
proceed and, unless terminated for cause or pursuant to paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the CONSULTANT'S work under this
Agreement is completed. A determination of completion shall not constitute a waiver of any
rights or claims which the CITY may have or thereafter acquire with respect to any term or
provision of the Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the CONSULTANT shall give written notice of his claim within
15 days after occurrence of such action. No claim for additional compensation shall be valid
unless so made. Any changes in the CONSULTANT'S fee shall be valid only to the extent
that such changes are included in writing signed by the CITY and the CONSULTANT.
Regardless of the decision of the DIRECTOR relative to a claim submitted by the
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CONSULTANT,all work required under this Agreement as determined by the DIRECTOR
shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and,in addition, if either party,by reason of any default, fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the
contrary in this Agreement, with the sole exception of an action to recover the monies the
CITY has agreed to pay to the CONSULTANT pursuant to paragraph 4 hereof, no action
shall be commenced by the CONSULTANT against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend
and hold harmless the CITY,its officers,employees,agents,boards and commissions from
and against any and all claims, suits, judgments, costs, attorneys fees, damages or other
relief,including but not limited to workers compensation claims,in any way resulting from
or arising out of negligent actions or omissions of the CONSULTANT in connection
herewith,including negligence or omissions of employees or agents of the CONSULTANT
arising out of the performance of this Agreement. In the event of any action against the
CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty
to indemnify,defend and hold harmless such action shall be defended by legal counsel of the
CITY'S choosing. The provisions of this paragraph shall survive any expiration,completion
and/or termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director,officer, agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain
in effect, during the term of this Agreement, a policy of comprehensive general
liability insurance with limits of at least$1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The CONSULTANT shall deliver to the DIRECTOR a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30)days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the CONSULTANT under Article 10 entitled"Indemnification"shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
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alternatively,if the insurance states that it is excess or prorated, it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The CONSULTANT shall carry CONSULTANT'S
Professional Liability Insurance Covering claims resulting from error,omissions or
negligent acts with a combined single limit of not less than $1,000,000 per
occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as
evidence of insurance protection. The policy shall not be modified or terminated
without thirty(30) days prior written notice to the DIRECTOR.
13. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color,creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
14. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
15. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY
with respect to each and every item,condition and other provision hereof to the same extent
that the CONSULTANT would have been obligated if it had done the work itself and no
assignment, delegation or subcontract had been made. Any proposed subcontractor shall
require the CITY'S advanced written approval.
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16. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
17. SEVERABILITY
The parties intend and agreed that, if any paragraph,sub-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
18. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement,nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
19. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
20. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
21. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
22. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any
work associated with the PROJECT.
23. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding
bid rigging.
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24. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have written sexual harassment
policies that include, 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 vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by CONSULTANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
25. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT
shall have in place a written substance abuse prevention program which meets or exceeds the
program requirements in the Substance Abuse Prevention Public Works Project Act at 820
ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the
entry into and execution of this agreement.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the CONSULTANT be made or confirmed in writing.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to CITY:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
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B. As to CONSULTANT:
Philip R. McKenna,President
Robert Rychlicki,Executive Vice-President
Kane, McKenna and Associates,Inc.
150 N. Wacker Drive
Suite 1600
Chicago, Illinois 60606
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONSULTANT shall comply with all applicable Federal,State,City and other requirements
of law,including,but not limited to,any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all
CONSULTANT'S employees and/or agents who will be providing products and/or services
with respect to this AGREEMENT shall be legal residents of the United States.
CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
CONSULTANT to determine CONSULTANT'S compliance with the provisions of this
section. In the event the CITY proceeds with such an audit the CONSULTANT shall make
available to the CITY the CONSULTANT'S relevant records at no cost to the CITY.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
FOR THE CITY: FOR THE CONSULT,A T:
By -•:�.. By:
City er Iti
Attest:
City Clerk
F:\Legal Dept\Agreement\Consultant Agr-Bluff City Quarry Area-Kane McKenna-I 1-18-08.doc
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4
Kane, McKenna
150 North Wacker Drive r 312.444. 1702
1v e 1�. Suite 1600 F 312.444.9052
and Associates, Inc. Chicago, Illinois 60606
September 4, 2008
Mr. James R. Nowicki, CPA
Fiscal Services Director
Mr. William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
SUBJECT: Letter of Agreement—Proposed City of Elgin-Bluff City Quarry Area,
Proposed.TIF District
Gentlemen:
Kane, McKenna and Associates, Inc. ("KMA") is prepared to assist the City of Elgin for
purposes of redevelopment of certain property located in the southeast section of the City, (the
"Redevelopment Area").
KMA will provide the following services to CITY as necessary.
PHASE I: TIF SERVICES AND PRELIMINARY REVIEW OF POTENTIAL
QUALIFICATION FACTORS
(1) Assist the CITY in investigating the desirability and feasibility of utilizing TIF or other
appropriate economic development incentives and funding for the proposed TIF district
(the"PROJECT").
(2) Review current and historical Equalized Assessed Valuations for the proposed
Redevelopment Area.
(3) Identify the preliminary feasibility of adopting a tax increment financing district, a
business district or other economic redevelopment programs.
(4) Advise CITY regarding the most economical public financing strategy for the PROJECT,
including preparation of preliminary TIF projections.
Exhibit 1
150 North Wacker Drive T 312.444. 1702
Suite 1600 F 312.444.9052
Chicago,Illinois 60606
Mr. James R. Nowicki
Mr. William A. Cogley
Page Two
September 4, 2008
(5) Review the characteristics of the PROJECT site in order to recommend the specific
boundaries for a TIF district or related economic development programs, and to assess
the potential qualification factors (strengths and weaknesses) of any identified area under
Illinois law.
(6) Prepare a Preliminary "TIF Eligibility Report" which recommends the potential
boundaries based upon the applicable law.
At a minimum,the TIF Eligibility Report will include the following:
a. Review of area for land use and conditions and summary of results.
b. Recommend preliminary project boundaries.
C. Statement of the purpose of the proposed Redevelopment Plan and Project.
d. If TIF is determined applicable, a preliminary determination of area qualifications
as "Conservation Area"or "Blighted Improved Area", or"Blighted Vacant Area".
e. Survey analysis and identification of necessary documentation to back up
findings.
(8) In the event that other local financing programs or economic development tools are
complimentary to or alternatives to TIF, KMA will identify programs and a strategy for
implementing them and any conditions for their use in connection with the PROJECT.
(9) Review with CITY potential strategies for revenue sharing with other taxing districts.
(10) Meet not more than twice with other taxing districts,at the CITY's direction.
(11) Meet not more than three times with City Council, Committees, Commissions or other
bodies.
i50 North Wacker Drive r 312.444. 1702
Suite 1600 F 312.444.9052
Chicago.Illinois 60606
Mr. James R.Nowicki
Mr. William A. Cogley
rr Page Three
September 4,2008
At the end of Phase I, the CITY will consider information prepared and advise KMA of CITY's
desire to proceed with various options. If a TIF is determined to be advisable, the Phase II and
III services will be provided. If a program other than TIF is determined to be advisable, then the
services set forth in these phases shall be modified accordingly.
PHASE II: COMPLETE REDEVELOPMENT PLAN AND PROJECT
Under CITY direction, KMA will complete the redevelopment plan and project as well as
Housing Impact Study required by the TIF law. Among other elements,the redevelopment plan
prepared for the TIF District will include:
(1) A statement of redevelopment goals and objectives.
(2) Examination of TIF qualification factors and presentation of rationale for basis under
which the TIF District is to be justified under State law.
(3) A statement of eligible redevelopment activities the CITY may allow under the plan.
(4) Presentation of estimated costs for the redevelopment projects contemplated for
implementation under the plan.
(5) A detailed discussion of impediments to the successful redevelopment of the project area
and the measures the CITY could undertake to eliminate such barriers so to promote
economic revitalization of the project area.
(6) Assist the CITY by participating in required community meetings, public hearings, and
Joint Review Board meetings, as well as helping to insure preparation and execution of
proper notification as required for all meetings.
(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 CITY counsel to meet all the requirements of Illinois law so to insure proper
establishment of the TIF District.
150 North Wacker Drive r 312.444. 1702
Suite 1600 F 312.444.9052
Chicago,Illinois 60606
Mr. James R.Nowicki
Mr. William A. Cogley
Page Four
September 4, 2008
(9) Assist CITY counsel in preparation of the appropriate Ordinances required for adoption
of the redevelopment plan and project by the CITY to legally put in place 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) Prepare Housing Impact Study,if required pursuant to State statutes.
(12) Assist the CITY staff,to the extent requested by the CITY,with the following:
a) Identification of residential units within 750 feet of proposed boundaries.
b) Preparation of notices to: taxing districts, property owners, residential addresses
as required by statute.
"Interested rules and Ordinances.
Parties Re ist and related
c) Preparation ofRegistry"
d Providing appropriate Y for a ro riate notification b mail and in newspapers.
(13) Perform such other tasks as required or requested by CITY staff.
NOTE: KMA WILL NOT PROVIDE THE ACTUAL LEGAL DESCRIPTION.
PHASE III: REDEVELOPMENT PLAN AND PROJECT IMPLEMENTATION
KMA will assist the CITY in the implementation of an economic development program to
facilitate financing for projects undertaken within the TIF District. Services that will be
provided include:
(1) Arrange and attend meetings with the CITY pertinent to the negotiation of any TIF
redevelopment agreements or projects.
(2) Provide assistance and information necessary for resolution of any redevelopment
agreement related issues between the CITY and any developer.
150 North Wacker Drive r 312.444. 1702
Suite 1600 F 312.444.9052
Chicago.Illinois 60606
Mr. James R.Nowicki
Mr. William A. Cogley
e'�' Page Five
September 4,2008
(3) Work with the CITY regarding the most feasible economic public financing strategy for
any public improvements or other needs in any proposed project. Work with CITY
regarding preparation of 'But For" arguments related to potential TIF development
proposals.
(4) Assist the CITY in drafting and/or redrafting any redevelopment agreements for
presentation and negotiations and otherwise perform all duties necessary to facilitate any
required agreements on behalf of CITY.
(5) Project anticipated incremental revenues to be generated from potential development
projects and judge whether such revenues are reasonable, feasible and are based on
acceptable assumptions given each development projects characteristics and potential.
(6) Provide the CITY with recommendations regarding proposed revenue/cost projections
and the potential funding advantages and disadvantages of various public financing
strategies.
COMPENSATION FOR SERVICES
The CITY shall be billed monthly for services at the following rates per hour:
Personnel Hourly Rates
President $200.00/Hour
Executive Vice President $175.00/14our
Officers $150.00/Hour
Associates $100.00/14our
Special Research $ 60.00/Hour
Administrative $ 25.00/Hour
All fees may be recouped by the CITY from incremental property taxes collected in the TIF area.
Phase I service estimates are in the range of $12,000 to $15,000. If the City desires more
services than those listed in Phase 1, the City shall so inform KMA. Phase II service estimates
are in the range of$25,000 to $30,000 plus$7,500 to$10,000 for the preparation of any required
Housing Impact Study. Phase III estimates will be provided at the time of service delivery.
150 North Wacker Drive r 312.444. 1702
Suite 1600 F 312.444.9052
Chicago,Illinois 60606
Mr. James R.Nowicki
Mr. William A. Cogley
�aa� Page Six
September 4, 2008
Out of pocket expenses related to any mailing expenses, newspaper publication, or the
preparation of the legal description are not included in the hourly fees. There will not be any
"travel expenses"charged.
Please indicate the 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 project.
Sincerely,
1 Philip R. McKenna
President
Robert Rychli
Executive Vice President
AGREE. � t�:
Philip R. McKenna, President Date
Kane,McKenna and Associates, Inc.
City of Elgin Date
\\Kmaisrv2003\Company\C1ient Folders\Elgin\Contracts\2008\LOA 09.02.08.doc
TAX INCREMENT FINANCING HEEDS LIST
In order to complete our analysis, we will need access to the following items if they are
available.
1) Engineering reports or public work reports that demonstrate a deficiency in the proposed
TIF area's infrastructure.
2) Copies of existing flood plain/FEMA maps if the area is subject to chronic flooding.
3) Sidwell maps of the proposed TIF area.
4) Most recent and historical aerial photographs (if available).
5) Existing and planned site plans for the proposed TIF area.
6) Proposed budget for the development(if available).
7) Identification of functional and logistical problems that may be present within the
proposed TIF area.
8) Available buildings, fire and other code violation reports for the structures within the
proposed TIF area.
9) Identification of any environmental issues present in the proposed TIF area. Phase I or
Phase If reports,if available.
10) Information regarding the City's comprehensive plan, official zoning and land use maps.
11) A legal description of the proposed TIF area.
12) Identify number of housing units to be displaced within the proposed TIF and residential
addresses.
\\ n isrv20D3\Coen anMF Forms-Sample Ltrs-Timetables\Sample TIF Needs List 02.06.0l.doc
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PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Ma=ac Insurance Agency, Inc• HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
15915 Crystal Creak Dr. , Ste C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Romer Glen IL 60491
Phone: 708-301-9222 Fax:708-301-8229 INSURERS AFFORDING COVERAGE NAIC#
IN8URE0 INSURER A: Trnwlar. SnCa.9n1[Y Co Of ST.
INSURER B:
Kane Mckerma & Associates, Inc 'INSU116RC:
150 N Wacker Dr Ste 1600 �INSUR=_R D:
Chicago IL 60606-1607
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED RELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTVVITHSTANDING
ANY REQUIREMENT,TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WR'H RESPECT TO WH(CH THIS CET.TIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EJfCLU51ONS AND CONDITIONS OF SUCH
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IDI, INC, THE OWNER AND ITS LENDER, PROPERTY MANAGER AND TENANT(IF ANY) ARE
ADDED AS ADDITIONAL INSUREDS. CONSULTANTS INSURANCE SHALL BE PRI24JARY AND
NON-CONTRIBUTORY TO THER INSURANCE OR SELF-INSURANCE NAINAINED BY THE OwmR
OR ANY OTHER ADDITIONAL INSURED. A A)AIVER OF SUBROGATION APPLIES IN FAVOR OF
THE OWNER AM IDI, INC.
CERTIFICATE HOLDER CANCELLATION
INDUS-2 SHOULD ANY OF THE A90VS DESCRIBED POUCIEB 9E CANCELLED 9EPDRE THE EXPIRATION
DATE THEREOP,THE ISSUING INSURER WILL VRnMV0R`T01iAIL 30 DAYS WRITTEN
Industrial Dev>`alopments NCMCHToTR6CERnFICATS HOLM RRNANGDTOTIMLG
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Denise LeGres
3425 Paachtsea Road, NE 4 1500
Atlanta GA 30326 AUTHORa "3"TATNE
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ACORD 25(2001108) ®ADO CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s),authorized representative or producer, and the certificate holder,nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001108)
City of Elgin Memorandum
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Date: December 22, 2008
To: Mary Giffort, Paralegal
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 08-294, Regarding the agreement with Kane, McKenna and
Associates Inc. for consultant services regarding the Bluff City Quarry Area
proposed TIF District
Enclosed please find the above referenced agreement. Please distribute to the appropriate parties
and if needed, retain a copy for your records. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
November 26, 2008
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager umetiaity stable
William A. Cogley, Corporation Counsel City Government
SUBJECT: Proposed Agreement with Kane, McKenna and Associates, Inc. for Consultant
Services in Connection with the Bluff City Quarry Area as a Proposed Tax Increment
Financing Redevelopment Project Area and a Proposed Agreement with Gifford 300,
LLC Providing for Reimbursement to the City of Certain Costs Relating to the Bluff
City Quarry Area
PURPOSE
The purpose of this memorandum is to submit to the Mayor and members of the City Council a
proposed agreement with Kane, McKenna and Associates, Inc. for consulting services in connection
with the Bluff City Quarry Area as a proposed tax increment financing redevelopment project area
and a proposed agreement with Gifford 300, LLC providing for the reimbursement to the City of its
costs in connection with the agreement with Kane McKenna and certain other costs relating to the
Bluff City Quarry Area.
RECOMMENDATION
It is recommended that the City Council authorize the proposed agreement with Kane McKenna for
consulting services in connection with the Bluff City Quarry Area as a proposed tax increment
financing redevelopment project area. It is further recommended that the City Council approve a
proposed reimbursement agreement between the City and Gifford 300, LLC providing for the
reimbursement to the City of its costs in connection with the agreement with Kane McKenna and
certain other costs relating to the Bluff City Quarry Area.
BACKGROUND
On September 10,2008,the City Council adopted Resolution 08-216 providing for a feasibility study
on the designation of the Bluff City Quarry Area as a proposed tax increment financing
redevelopment project area.
Attached is a proposed agreement with the consulting firm Kane McKenna and Associates, Inc. for
consulting services regarding the proposed TIF area. Phase I services would involve such a
feasibility study including investigating the desirability and feasibility of using tax increment
financing or other appropriate economic development incentives and funding for the proposed TIF
district resulting in a TIF eligibility report. If a TIF is determined to be advisable, Phase II and Phase
III services would then be provided. Phase II services would involve the preparation of a
redevelopment plan and project. Phase III services would involve implementation of the
Proposed Agreement with Kane,McKenna and Associates, Inc.
November 26,2008
Page 2
redevelopment plan and project. The attached agreement authorizes Phase I services. Such services
would not exceed $15,000. Phase II or Phase III services will require future approval by the City
Council.
Kane McKenna is considered one of the preeminent TIF consultants in the State of Illinois and has
substantial experience with numerous Illinois communities in studying and implementing TIF
districts. A copy of a statement in qualifications and background of Kane McKenna dated September
2008 is attached.
Also attached is a proposed agreement between the City and Gifford 300, LLC. Gifford 300, LLC is
the major property owner within the Bluff City Quarry Area. Such agreement provides for Gifford
300, LLC to reimburse the City its fees and costs incurred pursuant to the Kane McKenna agreement
or otherwise in connection with the Bluff City Quarry Area study. The initial limit on such
reimbursement is $75,000. Gifford 300, LLC will also deposit an initial $20,000 with the City or
payment of the initial fees and costs. In the event the City's costs exceed the aggregate amount of
$75,000, the City will request the owner increase such amount by way of amendment to the
agreement.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Gifford 300, LLC
FINANCIAL IMPACT
None at this time. The City's costs pursuant to the agreement with Kane McKenna will be
reimbursed by Gifford 300,LLC.
LEGALIMPACT
The proposed agreement with Kane McKenna would be considered an exception to the City's
procurement ordinance thereby requiring approval of two-thirds of the members of the City Council
now holding office.
ALTERNATIVES
1. The City Council may choose to approve the proposed agreements with Kane McKenna and
Gifford 300, LLC as presented or in an amended form.
2. The City Council may choose to not approve agreements for the study of the proposed Bluff
City Quarry TIF Area and do not proceed with any feasibility analysis for such area.
Respectfully submitted for Council consideration.
WAC/bf
Attachments