R-23-16VILLAGE OF DEERFIELD
RESOLUTION NO. 2023- R-23-16
APPROVING AN AGREEMENT WITH RYAN, LLC TO PROVIDE PHASE 2 TIF
CONSULTANT SERVICES FOR
THE CREATION OF A LAKE COOK ROAD TIF DISTRICT
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, a portion of the Village's southern boundary along Lake Cook Road
("Target Area') contains many parcels that are presently underutilized, suffer from
excessive vacancies, and face several economic development impediments, such as
deterioration of buildings and site improvements, inadequate utilities, and stagnant or
declining EAV; and
WHEREAS, the Village does not anticipate that significant portions of the Target
Area will be redeveloped and restored without the implementation by the Village of a
comprehensive plan for the economic redevelopment of the Redevelopment Area; and
WHEREAS, the Village has explored various methods by which sufficient private
investment can be attracted to the Target Area, so that the Target Area can be redeveloped
for the long-term growth and benefit of the Village and its residents; and
WHEREAS, one means by which the Village could attract the private investment
necessary for the redevelopment of the Target Area is the use of tax increment financing
("TIF") and the establishment of a redevelopment project area (a "TIF District") as
authorized under 65 ILCS 5/11-74.4-1 et seq. (the "TIF Act"); and
WHEREAS, the Village has previously retained Ryan, LLC ("Consultant") to prepare
a feasibility study, as that term is defined in Section 11-74.4-4.1 of the TIF Act, to assist in
determining whether or not the establishment of a TIF District is appropriate for effective
redevelopment of the Target Area ("Feasibility Study'); and
WHEREAS, the Village now desires to retain the Consultant to assist the Village in
completing the various steps to form a TIF District ("Phase 2 Services'; and
WHEREAS, it is in the best interest of the Village to enter into an agreement with
the Consultant for provision of the Phase 2 Services;
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. Pursuant to the Village's home rule
authority, the agreement by and between the Village and Consultant is hereby approved in
substantially the form attached to this Resolution as Exhibit A and a final form approved
by the Village Attorney ("Agreement's.
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SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and
the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final Agreement upon receipt by the Village Clerk of at least one original copy of
the final Agreement executed by Consultant; provided, however, that if the executed copy of
the final Agreement is not received by the Village Clerk within 60 days after the effective
date of this Resolution, then this authority to execute and attest will, at the option of the
Mayor and Board of Trustees, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: April 3, 2023
APPROVED: April 3, 2023
RESOLUTION NO. R-23-16
bL--
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Street, Village C erk
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EXHIBIT A
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VILLAGE OF DEERFIELD
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the 16 day of March , 2023 ("Agreement"), and is by and between the
VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation ("Village's, and RYAN LLC, a limited liability
company located at 311 South Wacker Drive, Suite 4800, Chicago, Illinois 60606 ("Consultant").
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant
to the Village's statutory and home rule powers, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. The Village
retains the Consultant to perform, and the Consultant agrees to
perform, all necessary services to perform the work identified
below ("Services"), which Services the Consultant shall
provide pursuant to the terms and conditions of this
Agreement:
Complete the TIF Designation for the Lake Cook Road Area
of the Village, as more fully described in Exhibit A.
SECTION 2. TIME OF PERFORMANCE. The
Consultant shall perform the Services beginning on the
execution date of this Agreement ("Time of Performance')
and perform the Services until they are complete, unless
otherwise agrees to by the Parties ("Term'.
SECTION 3. COMPENSATION.
A. Agreement Amount. Consultant shall bill
the Village for its Services pursuant to the hourly rates set
forth in Exhibit A, provided that the total amount billed by the
Consultant for the Services under this Agreement shall not
exceed $35,000.00, including reimbursable expenses, without
the prior express written authorization of the Village Manager.
Any payments due and owing to Consultant shall be paid by
the Village within 45 days after receiving the invoice.
B. Taxes. Benefits, and Royalties. Each
payment by the Village to the Consultant includes all
applicable federal, state, and Village taxes of every kind and
nature applicable to the Services as well as all taxes,
contributions, and premiums for unemployment insurance, old
age or retirement benefits, pensions, annuities, or similar
benefits and all costs, royalties, and fees arising from the use
of, or the incorporation into, the Services, of patented or
copyrighted equipment, materials, supplies, tools, appliances,
devices, processes, or inventions. All claim or right to claim
additional compensation by reason of the payment of any such
tax, contribution, premium, costs, royalties, or fees is hereby
waived and released by Consultant.
SECTION 4. REPRESENTATIONS OF
CONSULTANT. The Consultant represents and certifies that
the Services shall be performed in accordance with the
standards of professional practice, care, and diligence
practiced by recognized consultants in performing services of
a similar nature in existence at the Time of Performance. The
representations and certifications expressed shall be in
addition to any other representations and certifications
100131156.11
expressed in this Agreement, or expressed or implied by law,
which are hereby reserved unto the Village.
The Consultant further represents that it is financially solvent,
has the necessary financial resources, and is sufficiently
experienced and competent to perform and complete the
Services in a manner consistent with the standards of
professional practice by recognized consultants providing
services of a similar nature. The Consultant shall provide all
personnel necessary to complete the Services.
SECTION 5. INDEMNIFICATION; INSURANCE;
LIABILITY.
A. Indemnification. The Consultant proposes
and agrees that the Consultant shall indemnify and save
harmless the Village against all damages, liability, claims,
losses, and expenses (including attorneys' fee) that may arise,
or be alleged to have arisen, out of or in connection with the
Consultant's performance of, or failure to perform, the
Services or any part thereof, or any failure to meet the
representations and certifications set forth in Section 4 of this
Agreement.
B. Insurance. The Consultant acknowledges
and agrees that the Consultant shall, and has a duty to,
maintain adequate insurance, in an amount, and in a form and
from companies, acceptable to the Village. The Consultant's
maintenance of adequate insurance shall not be construed in
any way as a limitation on the Consultant's liability for losses
or damages under this Agreement.
C. No Personal Liability. No elected or
appointed official, or employee of the Village shall be
personally liable, in law or in contract, to the Consultant as the
result of the execution of this Agreement.
SECTION 6. GENERAL PROVISIONS.
A. Relationship of the Parties. The
Consultant shall act as an independent contractor in providing
and performing the Services. Nothing in, nor done pursuant
to, this Agreement shall be construed to: (1) create the
relationship of principal and agent, employer and employee,
partners, or joint venturers between the Village and
Consultant; or (2) to create any relationship between the
Village and any subcontractor of the Consultant.
B. Conflicts of Interest. The Consultant
represents and certifies that, to the best of its knowledge: (1)
no Village employee or agent is interested in the business of
the Consultant or this Agreement; (2) as of the date of this
Agreement, neither the Consultant nor any person employed
or associated with the Consultant has any interest that would
conflict in any manner or degree with the performance of the
obligations under this Agreement; and (3) neither the
Consultant nor any person employed by or associated with the
Consultant shall at any time during the term of this Agreement
obtain or acquire any interest that would conflict in any
manner or degree with the performance of the obligations
under this Agreement.
C. No Collusion. The Consultant represents
and certifies that the Consultant is not barred from contracting
with a unit of state or local government as a result of (1) a
delinquency in the payment of any tax administered by the
Illinois Department of Revenue unless the Consultant is
contesting, in accordance with the procedures established by
the appropriate revenue act, its liability for the tax or the
amount of the tax, as set forth in Section 11-42.1-1 et seq. of
the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or
(2) a violation of either Section 33E-3 or Section 33E-4 of
Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1
et seq. If at any time it shall be found that the Consultant
has, in procuring this Agreement, colluded with any other
person, firm, or corporation, then the Consultant shall be liable
to the Village for all loss or damage that the Village may
suffer, and this Agreement shall, at the Village's option, be
null and void.
D. Termination. Notwithstanding any other
provision hereof, the Village may terminate this Agreement at
any time upon 15 days prior written notice to the Consultant.
In the event that this Agreement is so terminated, the
Consultant shall be entitled to retain only that portion of the
Village's payment for Services actually performed and
reimbursable expenses actually incurred, if any, prior to
termination, not exceeding the value of the Services
completed, and Consultant must return to the Village within
30 days of termination any payments for Services not yet
provided to the Village.
E. Compliance with Laws and Grants.
Consultant shall give all notices, pay all fees, and take all
other action that may be necessary to ensure that the Services
are provided, performed, and completed in accordance with all
required governmental permits, licenses, or other approvals
and authorizations that may be required in connection with
providing, performing, and completing the Services, and with
all applicable statutes, ordinances, rules, and regulations,
including without limitation the Fair Labor Standards Act; any
statutes regarding qualification to do business; any statutes
prohibiting discrimination because of, or requiring affirmative
action based on, race, creed, color, national origin, age, sex, or
other prohibited classification, including, without limitation,
the Americans with Disabilities Act of 1990, 42 U.S.C. §§
12101 et seq., and the Illinois Human Rights Act, 775 ILCS
5/1-101 et seq. Consultant shall also comply with all
100131156.11 2
conditions of any federal, state, or local grant received by the
Village or Consultant with respect to this Agreement or the
Services. Consultant shall be solely liable for any fines or
civil penalties that are imposed by any governmental or quasi -
governmental agency or body that may arise, or be alleged to
have arisen, out of or in connection with Consultant's, or its
subcontractors, performance of, or failure to perform, the
Services or any part thereof. Every provision of law required
by law to be inserted into this Agreement shall be deemed to
be inserted herein.
F. Default. If it should appear at any time that
the Consultant has failed or refused to prosecute, or has
delayed in the prosecution of, the Services with diligence at a
rate that assures completion of the Services in full compliance
with the requirements of this Agreement, or has otherwise
failed, refused, or delayed to perform or satisfy the Services or
any other requirement of this Agreement ('Event of
Default'% and fails to cure any such Event of Default within
ten business days after the Consultant's receipt of written
notice of such Event of Default from the Village, then the
Village shall have the right, without prejudice to any other
remedies provided by law or equity, to (1) terminate this
Agreement without liability for further payment; or (2)
withhold from any payment or recover from the Consultant,
any and all costs, including attorneys' fees and administrative
expenses, incurred by the Village as the result of any Event of
Default by the Consultant or as a result of actions taken by the
Village in response to any Event of Default by the Consultant.
G. Assignment. This Agreement may not be
assigned by the Village or by the Consultant without the prior
written consent of the other party.
H. Notice. All notices required or permitted to
be given under this Agreement shall be in writing and shall be
delivered: (1) personally; (2) by a reputable overnight courier;
or by (3) by certified mail, return receipt requested, and
deposited in the U.S. Mail, postage prepaid. Unless otherwise
expressly provided in this Agreement, notices shall be deemed
received upon the earlier of: (a) actual receipt; (b) one
business day after deposit with an overnight courier as
evidenced by a receipt of deposit; or (c) three business days
following deposit in the U.S. mail, as evidenced by a return
receipt. Notices and communications to the Village shall be
addressed to, and delivered at, the following address:
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attention: Village Manager
Notices and communications to the Consultant shall be
addressed to, and delivered at, the following address:
Ryan LLC
311 South Wacker Drive, Suite 4800
Chicago, Illinois 60606
Attention: Philip McKenna
I. Waiver. Neither the Village nor the
Consultant shall be under any obligation to exercise any of the
rights granted to them in this Agreement except as it shall
determine to be in its best interest from time to time. The
failure of the Village or the Consultant to exercise at any time
any such rights shall not be deemed or construed as a waiver
of that right, nor shall the failure void or affect the Village's or
the Consultant's right to enforce such rights or any other
rights.
J. Third Party Beneficiary. No claim as a
third party beneficiary under this Agreement by any person,
firm, or corporation shall be made or be valid against the
Village.
K. Conflicts, Exhibits. If any term or
provision in this Agreement conflicts with any term or
provision of an attachment or exhibit to this Agreement, the
terms and provisions of this Agreement shall control.
ATTEST: VILLAGE OF DEERFIELD
By: N Li 11 By:
Village Clerk Villag Manager
ATTEST: RYAN LLC
By: _ By:
Title: Its: Principal
PROVED fOR EXECUTION
3/16/2023
R AN LEGAL DEPARTMENT
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EXHIBIT A
Proposal
Consultant will assist the Village with the following services:
A. Finalize Qualification Repo
1) Finalize TI_F Qualification Report for the Study Area based upon the presence of eligibility
factors and documentation required under Illinois law.
B. Preparation of TIF Redevelopment Plan
1) Review with the Village the preliminary boundaries for the plan as well as redevelopment goals
and objectives.
2) Prepare a draft TIF Redevelopment Plan for the area based upon the requirements of the TIF Act
and the Village's goals and objectives. Consultant will be available to discuss the findings with
the Village in meetings prior to completing the report.
3) Assist Village to refine and document certain required parts of the TIF Redevelopment Plan such
as the budget and projected Equalized Assessed Valuation pursuant to Illinois law requirements.
4) In the event that other local financing programs or economic development alternatives may be
applicable, Consultant would identify these programs and their conditions for use by the Village.
C. Provide TIF Increment and Cost Projections
1) Assist Village staff to prepare the preliminary feasibility analysis of potential redevelopment
projects incremental revenue (gross and net) and/or costs to summarize the potential funding
advantages/disadvantages of various strategies.
2) Identify for the Village principal strategies for incentives and potential funding mechanisms
based upon the potential redevelopment projects' ability to .generate property, and/or other
incremental taxes to cover anticipated costs and/or debt service requirements.
3) Review with the Village staff pros and cons of funding solely public improvements or
considering extraordinary cost and gap financing utilization of TIF funding.
D. Finalize Redevelopment Plan
1) In conjunction with Village staff, finalize TIF and boundaries for the Study Area, and assist in
the process of preparation of legal descriptions which identify the boundaries for each of the
redevelopment areas.
2) Subsequent to the review of the draft redevelopment plan by the Village Board, Village staff, and
other taxing districts (if applicable), revise the redevelopment plan sections in order to add
relevant comments and/or corrections.
E. Prepare Public Hearing Notices
1) Assist Village staff to prepare the public hearing resolution and the TIF public notices.
2) Prepare mailings for affected taxing districts and distribute notices to the taxing districts and the
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Illinois Department of Commerce and Economic Opportunity,
F. Coordinate Joint Review Board JRB Process
1) Provide agenda items, draft TIF ordinances, and other materials as required by the TIF Act.
2) Attend JRB meetings as necessary and appropriate.
3) Assist Village staff to respond to JRB requests.
4) Assist Village Counsel to prepare JRB resolutions relating to findings.
G. Preparation of Notices
1) Identify taxpayers located within the TIF district and obtain mailing information from the
County.
2) Prepare mailings for taxpayers including review of delinquent taxpayers.
3) Manage the mailings to residents within 750 feet of the TIF District boundaries.
4) Assist Village staff in coordinating publication of legal notices in local newspapers.
H. Attend Public Hearings and Required Meetin s
1) Assist the Village by participating in the required public hearing, and meetings with all interested
and affected parties, including property owners.
2) Work with the Village staff to meet all the requirements of Illinois law.
RESPONSIBILITIES
All services will be conducted under the supervision of Mr. Joe Stachnik, Principal. Mr. Philip R. McKenna will
be the Project Leader for this engagement and will be responsible for staffing, project coordination, technical
direction, and related issues.
FEES FOR SERVICES
Fees will be charge monthly on an hourly fee basis, pursuant to the below fee schedule. Ryan's hourly rate fees
will increase annually.
Personnel
Hourly Rates
Principal
$275.00/Hour
Manager
$250.00/Hour
Senior Consultant
$225.00/Hour
We estimate that the costs for the services to be approximately $25,000 to $35,000.
The above assumes that no Housing Impact Study is required for the proposed TIF District. If such a Study is
needed, this contract would need to be amended.
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Out of pocket expenses are not included in the fees above and include: Certified and other mailing costs, legal
description, and newspaper notice/publication costs — these amounts are to be paid by the Village separately.
{00131156.1 }
REVISED: 09-06-2022, 02-15-2023
LAKE COOK ROAD TIF
CALC.
DWN.
CHKD.
SCALE:
DATE:
SHEET OF
Rosemont, Illinois 60018
(847) 823-0500
9575 West Higgins Road, Suite 600
ENGINEERING, LTD.
VILLAGE OF DEERFIELD
PROJECT NO.
DRAWING NO.
LAKE COOK ROAD TIF
VILLAGE OF DEERFIELD, ILLINOIS
JRM
KJR
KJR
08-01-2022
IN
PREPARED FOR
1 1
1"=300'
220426
SCALE IN FEET
0200 200
S:\DEERFIELD\220426\SURVEY\TIF220426A.SURTIF220426A
48.28 +/-
LAKE COOK ROAD TIF
COOK COUNTY
LAKE COUNTY
POINT OF BEGINNING