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File #: 25-1007-0122    Name: Authority to Enter Into Intergovernmental Agreements
Type: Action Item Status: Approved
File created: 12/16/2024 In control: Board of Commissioners
On agenda: 1/22/2025 Final action: 1/22/2025
Title: AUTHORITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH THE CITY OF CHICAGO AND VARIOUS STATE, LOCAL AND FEDERAL GOVERNMENTAL AGENCIES AND AGREEMENTS WITH OTHER ORGANIZATIONS TO ACCEPT THE TRANSFER OF VARIOUS FUNDS AND SERVICES FOR PARK PROJECTS
Sponsors: Law Department
Indexes: Intergovernmental Agreements (IGA)

Title

 

AUTHORITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH THE CITY OF CHICAGO AND VARIOUS STATE, LOCAL AND FEDERAL GOVERNMENTAL AGENCIES AND AGREEMENTS WITH OTHER ORGANIZATIONS TO ACCEPT THE TRANSFER OF VARIOUS FUNDS AND SERVICES FOR PARK PROJECTS

 

Body

To: The Honorable Board of Commissioners of the Chicago Park District

 

I. Recommendation

 

It is recommended that the Board of Commissioners of the Chicago Park District (the “Board”) enter an order authorizing the acceptance of services and funds from various funding sources, including but not limited to those funds and services derived from the City of Chicago, the federal government, and other Illinois State and Local Governmental Agencies through Tax Increment Financing (TIF), Open Space Impact Fees (OSIF), the Aldermanic Menu Program, (Menu), bonds, settlements or judgments, or grants,  and from other organizations to receive funds and no cost services. These funds and/or services will support Chicago Park District programs, operations, property, and facilities including funds to be applied toward the payment or reimbursement of the acquisition, development, and renovation costs of various Park District property or projects.

 

It is further recommended that the Board authorize the General Superintendent, or their designees, to negotiate, enter into, and execute any such agreements, amendments, indemnities, and instruments necessary to obtain these funds and/or services, perform any and all acts as shall be necessary or advisable in connection with the transactions described herein for calendar year 2025 any and all authority necessary to enter into such agreements provided that such are not in conflict with the Chicago Park District Code or not specifically authorized therein.

 

 

II. Agreement Information

 

Grantor:                      City of Chicago, federal government, and other Illinois State and Local Governmental Agencies and other organizations

 

Agreements:                      Intergovernmental agreements, agreements, grants, donation agreements, amendments to agreements and assignment of agreements, if applicable, temporary right of entry, easements, restrictive covenants, and any other agreements or instruments necessary to comply with any restrictions of record for a portion or the entirety of the Property and the transfer of funds for development.

 

Authorization:                      Authorize the General Superintendent and/or their designees to negotiate, enter into, and execute such agreements, indemnities, and instruments and perform any and all acts as shall be necessary or advisable in connection with the transactions described herein, including compliance with existing easements, if any, filing of street and alley vacation or dedication applications, plats of dedication, and other applicable requirements. Authorize the General Counsel to include other relevant terms and conditions in the written agreements, amendments and transfer instruments. Authorize the Secretary to attest as to the signing of the Agreements and transfer instruments and keep an original copy of the Agreement on file.

 

 

III. Explanation

 

From time to time, the City of Chicago, Federal Government, and other Illinois State and Local Governmental Agencies agree to set aside services and/or intergovernmental funds generated or obtained through various City and other Illinois State and Local Governmental programs, initiatives or actions for the use and benefit of the Park District. The Park District agrees to apply these intergovernmental funds and/or services toward the payment or reimbursement of costs associated with the acquisition of property and/or the development, renovation or enhancement of various Park District property or projects. Similarly, various organizations agree to provide funds or no cost services to the Chicago Park District to support programs, operations, property, and facilities.

 

In order for the Park District to receive these funds and/or services, the governmental agency or organization may require the General Superintendent, or their designee, to enter into and execute agreements which state the source, amount and purpose of the funds or services. To more efficiently effectuate the acceptance of these services and/or funds, it is recommended that for calendar year 2025, the Board grant the authority as stated in the above “Authorization” Section. An annual report will be prepared and presented to the Board of Commissioners indicating the amount, source and use of any 2025 Intergovernmental Funds the Park District has agreed to accept. Designees of the General Superintendent shall include the Chief Financial Officer, Chief Administrative Officer, General Counsel, Chief Operating Officer, Chief of Staff, Chief Programming Officer, Deputy Chief Operating Officer, Chief Strategy and Engagement Officer, or any Director of the related and appropriate department in which such Intergovernmental Funds are directed. Further, the General Superintendent’s Designees may further designate, as necessary, relevant individuals to enter into said agreements.

 

 

IV. General Conditions

 

1) Conflicts: The Agreement shall not be legally binding on the Chicago Park District if entered into in violation of the provisions of 50 ILCS 105, the Public Officer Prohibited Activities Act.

 

2) Ethics: The agreement shall contain a provision requiring compliance with Chapter III of the Code of the Chicago Park District (“Governmental Ethics”).

 

3) Contingent Liability: Any agreement lawfully entered into for a period of more than one year shall be executory only for the amounts for which the Park District may become liable in succeeding fiscal years pursuant to 70 ILCS 17(i).