HomeMy WebLinkAbout20-83I
Resolution No. 20-83
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
KANE, MCKENNA AND ASSOCIATES, INC. FOR CONSULTANT SERVICES
REGARDING THE MCLEAN BOULEVARD AND LILLIAN STREET AREA
PROPOSED TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Richard G. Kozal,City Manager,and Kimberly A. Dewis,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 McLean Boulevard and Lillian Street Area
Proposed Tax Increment Financing Redevelopment Project Area,a copy of which is attached hereto
and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 10, 2020
Adopted: June 10, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of June, 2020, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
CITY ) and Kane, McKenna and Associates, Inc. (hereinafter referred to as CONSULTANT ).
WHEREAS, the Comprehensive Plan for the City of Elgin identifies the McLean
Boulevard and Lillian Street Area as location appropriate for substantial redevelopment; and
WHEREAS, the McLean Boulevard and Lillian Street Area contains approximately 34
acres of land generally along McLean Boulevard and north of U.S. Route 20,all of which is located
within the City of Elgin, Illinois 60123 (hereinafter referred to as the "SUBJECT PROPERTY");
and
WHEREAS, the SUBJECT PROPERTY is anchored by the 18-acre, 185,000 square foot
Town and Country Shopping Center, built in 1972; and
WHEREAS, several other commercial buildings within the SUBJECT PROPERTY were
built in the 1960s and some as far back as the 1940s; and
WHEREAS,the 2016 reconstruction of the McLean Boulevard and U.S. Route 20 left the
SUBJECT PROPERTY with several vacant parcels that are ill-sized for redevelopment; and
WHEREAS, a specific objective of the Comprehensive Plan is to continue to facilitate the
renovation and redevelopment of aging big box shopping centers and commercial areas which are,
or are becoming, functionally obsolete to maximize their contribution to the City s tax base and
contribute to the quality of life of surrounding residential neighborhoods; and
WHEREAS, a specific objective of the Comprehensive Plan is to continue the use of
incentives such as sales tax rebates, TIF, SSA, and business district funds to attract and initiate
commercial development in targeted areas of the City, in addition to the Central Area, Route 20,
and Bluff City TIFs; and
WHEREAS,the CITY wishes to study the feasibility of designating the McLean Boulevard
and Lillian Street Area as a Tax Increment Financing Project Redevelopment Area (hereinafter
referred to as the "FEASIBILITY STUDY"); and
WHEREAS, in the event of a positive finding from the FEASIBILITY STUDY and
authorization to proceed by the CITY,the CITY may wish to commission the redevelopment plan
and associated legislation necessary to adopt a Tax Increment Financing Project Redevelopment
Area(hereinafter referred to as the "REDEVELOPMENT PLAN"); and
WHEREAS, the FEASIBILITY STUDY and REDEVELOPMENT PLAN are hereinafter
referred together as the PROJECT ; and
WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain
professional services in connection with the PROJECT; and
WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes
relating to professional registration of individuals and 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. All work hereunder shall be performed under the direction of the Community
Development Director of the CITY, hereinafter referred to as the DIRECTOR .
B. For Phase I Work, the CONSULTANT shall identify the feasibility of adopting a
tax increment financing district, including reviewing current and historical
Equalized Assessed Valuations for the SUBJECT PROPERTY, preparing
preliminary TIF projections, and preparing a TIF Eligibility Report which
recommends the potential boundaries based upon the applicable law. At a
minimum, the TIF Eligibility Report shall include the following:
1. Review of area for land use and conditions and summary of results.
2. Recommend preliminary project boundaries.
3. Statement of the purpose of the proposed Redevelopment Plan and Project.
4. If TIF is determined applicable, a preliminary determination of area
qualifications as "Conservation Area" or 'Blighted Improved Area", or
"Blighted Vacant Area".
5. Survey analysis and identification of necessary documentation to back up
findings.
C. For Phase II Work, which shall not commence without further specific written
authorization from the CITY for the Phase 11 Work, the CONSULTANT shall
complete the REDEVELOPMENT PLAN as well as a Housing Impact Study if
required by TIF law. Among other elements, the REDEVELOPMENT PLAN 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.
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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.
D. A detailed Scope of Services,dated March 4,2020 and titled, Letter of Agreement
Proposed City of Elgin-Town and Country, Proposed TIF District , is attached
hereto as Attachment A. Those services and tasks identified upon said Scope of
Services as Phase I: TIF Services and Preliminary Review of Potential
Qualification Factors shall further articulate the required services and deliverables
generally described within paragraph B 1 above.Those services and tasks identified
upon said Scope of Services as Phase II: Complete Redevelopment Plan and
Project shall further articulate the required services and deliverables generally
described within paragraph C I above.
2. SCHEDULE
A. A project schedule for the PROJECT is included as Attachment B, attached hereto.
Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in B below.
B. The CONSULTANT will submit to the DIRECTOR monthly a status report keyed
to the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
3. WORK PRODUCT
All work product prepared by the CONSULTANT pursuant hereto including, but not
limited to, reports, plans, designs, calculations, work drawings, studies, photographs,
models 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 product for its records. CONSULTANT s execution of
this Agreement shall constitute CONSULTANT s conveyance and assignment of all right,
title and interest,including but not limited to any copyright interest,by the CONSULTANT
to the CITY of all such work product prepared by the CONSULTANT pursuant to this
Agreement. The CITY shall have the right either on its own or through such other
consultants as determined by the CITY to utilize and/or amend such work product. Any
such amendment to such work product shall be at the sole risk of the CITY. Such work
product is 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 (Not to Exceed Method)
A. For services provided for Phase I Work, the CONSULTANT shall be paid at the
direct hourly rate of its personnel employed on this PROJECT, with the total fee
not to exceed Seventeen Thousand Dollars($17,000) regardless of the actual costs
incurred by the CONSULTANT unless substantial modifications to the scope of
the work are authorized in writing by the DIRECTOR and approved by way of
written amendment to this Agreement executed by the parties hereto.
B. Following receipt of authorization to proceed with Phase I1 Work, and for services
provided for Phase II Work, the CONSULTANT shall be paid at the direct hourly
rate of its personnel employed on this PROJECT, with the total fee not to exceed
Forty-Five Thousand Dollars ($45,000) regardless of the actual costs incurred by
the CONSULTANT unless substantial modifications to the scope of the work are
authorized in writing by the DIRECTOR and approved by way of written
amendment to this Agreement executed by the parties hereto.
C. Reimbursable expenses shall be limited to those items outlined within Attachment
A. Any such reimbursable expenses are included in the not to exceed amount of
$17,000 for Phase I Work or$45,000 for Phase II Work provided for in paragraph
4A and 4B above and respectively.
D. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within thirty (30) days after receipt and approval of invoice. Full
payments for each task shall not be made until the task is completed and accepted
by the DIRECTOR.
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 one(1)year after
termination of this Agreement.
6. TERNIINATION 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 task amounts set forth under Paragraph 4 above.
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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 this 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
fifteen (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 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. CONSULTANT hereby further waives any and all claims or rights to interest
on money claimed to be due pursuant to this Agreement,and waives any and all such rights
to interest which it claims it may otherwise be entitled pursuant to law, including, but not
limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as
amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties
hereto further agree that any action by the CONSULTANT arising out of this Agreement
must be filed within one year of the date the alleged cause of action arose or the same will
be time-barred. The provisions of this paragraph shall survive any expiration, completion
and/or termination of this Agreement.
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
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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
The CONSULTANT shall provide,pay for, and maintain in effect during the term of this
Agreement the following insurance:
A. Comprehensive Liability. 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 Certificate 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 shall include the contractual obligation assumed by the
CONSULTANT under Paragraph 10 entitled Indemnification .
This insurance shall be primary and non-contributory 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.
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 bodily injury and/or property damage.
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.
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13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The CONSULTANT shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction, unless specifically
identified in the Scope of Services.
14. 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.
15. 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.
16. 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.
17. 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.
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18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY s employ or
any work associated with the PROJECT.
24. 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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25. 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.
26. 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.
27. 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.
28. 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:
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A. As to the CITY:
Marc S. Mylott, AICP
Director of Community Development
Community Development Department
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to the CONSULTANT:
Charles Durham
Kane, McKenna and Associates, Inc.
150 North Wacker Drive, Suite 1600
Chicago, IL 60606
29. 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 legally authorized to work in 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 paragraph. 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. CONSULTANT shall pay any and all costs associated with any
such audit.
30. COUNTERPARTS AND EXECUTION
This AGREEMENT may be executed in counterparts, each of which shall be an original
and all of which shall constitute one and the same agreement. This AGREEMENT may
be executed by electronic signature, which shall be considered as an original signature for
all purposes and shall have the force and effect as an original signature. Without limitation,
"electronic signature"shall include faxed versions of an original signature or electronically
scanned and transmitted versions(e.g., PDF) of an original signature.
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IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
CIT
Richard G. Kozal, City Manager
A s
City Clerk
CONSULTANT:
Kane McKenna and Associates, Inc.
Dowftnedbbyy::��� W
By:
Name/Print: Charles Durham
Title: Executive Vice President
F:\Legal Dept\Agreement\Consultant Agr-Kane McKenna-McLean&Lillian-TIF Feasibility Study-Clean 6-5-20.docx
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ATTACHMENT A
SCOPE OF SERVICES
EXHIBIT A- SCOPE OF SERVICES
Kane,McKenna and Associates, Inc. ("KMA")is prepared to assist the City of Elgin(the"CITY")
for purposes of redevelopment of certain commercial properties located within the McLean
Boulevard and Lillian Street subarea, (the "Redevelopment Area").
KMA will provide the following scope of 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.
(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"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.
EXHIBIT A- SCOPE OF SERVICES
(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) Meet not more than twice with relevant City Committee or the City Council in order to
review findings.
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 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.
EXHIBIT A- SCOPE OF SERVICES
PHASE II: COMPLETE REDEVELOPMENT PLAN AND PROJECT
Under CITY direction,KMA will complete the redevelopment plan and project as well as Housing
Impact Study if 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.
EXHIBIT A- SCOPE OF SERVICES
(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.
C) Preparation of"Interested Parties Registry"and related rules and Ordinances.
d) Providing for appropriate notification by 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.
EXHIBIT A- SCOPE OF SERVICES
COMPENSATION FOR SERVICES
The CITY shall be billed monthly for services at the following rates per hour:
Personnel Hourly Rates
Chairman/President $225.00/Hour
Executive Vice President/Senior Officers $200.00/Hour
Officers $175.00/Hour
Associates $125.00/Hour
Special Research $ 70.00/Hour
Administrative $ 30.00/Hour
All fees may be recouped by the CITY from future incremental property taxes collected in the TIF
area.
Phase I service estimates are not to exceed $17,000. If the City desires more services than those
listed in Phase 1, the City shall so inform KMA. Phase II service estimates are not to exceed
$35,000, except an additional amount not exceeding $10,000 will be charged for the preparation
of any required Housing Impact Study.
ATTACHMENT B
PROJECT SCHEDULE
EXHIBIT B- PHASE I ESTIMATED TIMELINE
Kane, McKenna and Associates, Inc. Scope of Services
City of Elgin- McLean and Lillian Redevelopment Area
Estimated Schedule of Completion
Phase 1-Eligibility Report
Task Complete on or before:
Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8
1 Meet with staff and review objectives
2 Undertake site surveys and data assembly
3 Prepare preliminary tax projections
4 Review redevelopment assumptions
5 Refine tax projections
6 Prepare first draft of Eligibility Report -
7 Review draft with staff
8 Incorporate staff comments and any -
additional materials required
9 Finalize report
10 Presentation to City Officials
Note: The Schedule may be modified based upon actual meeting schedules or City direction.
EXHIBIT B-PHASE II ESTIMATED TIMELINE
Kane,McKenna and Associates,Inc.Scope of Services
City of Elgin-McLean and Lillian Redevelopment Area
Estimated Schedule of Completion
Phase 11-TIF Plan Development
Task Complete on or before:
Week 1 Week 2 Weak 7 Week 4 Week 5 Week 6 Week 7 Week 6 Week 9 Weak 10 Weak 11 Week 12 Weak 10 Week 14 Week 15 Week 16
Phase 0
Phase 11A
1 Review of City objectives
2 Confirm boundaries and eligibility findings
(obtain legal description)
J Prepare and approve Interested Parties
Registry
4 Prepare draft Redevelopment Plan
5 TIF Cost and Increment Estimates
6 Determine If there any conflicts to:City
officials,staff,etc.
7 Finalize draft Redevelopment Plan -
Phase IIB
6 Prepare Public Hearing Notice -
9 Identify residential addresses within 750
fool range
10 Approve Public Hearing Resolution -
9 Coordinate JRB Process
10 Preparation of TIF Notices:Newspaper and
Taxpayers(Including review of delinquencies)
11 Attend and Coordinate Public Hearing
12 Final TIF Ordinances-Adoption
Disclaimer: TIF Timetable for Phase IIA Is based on by state statute,but may be by modified at theCity'.discretion(i.e.,to match with actual City Council meetings or example).
However, TIF Timetable for Phase IIB Is determined by state statute and cannot by modified by a municipality once set by resolution or ordinance.
Note: Add approximately 6 weeks to process to accomondate Housing Impact-related notice provisions