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AUTHORIZATION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE CHICAGO PARK DISTRICT TO FUND THE CHICAGO SHORELINE PROTECTION PROJECT GENERAL REEVALUATION REPORT
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To the Honorable Board of Commissioners of the Chicago Park District
I. Recommendation
It is recommended that the General Superintendent and CEO or her designee enter into an intergovernmental agreement with the City of Chicago for the purpose of completing the Chicago Shoreline General Reevaluation Report. The Park District will partially fund the Project in a total amount of $750,000 (the “Park District Funds”).
II. Budget and Financial Information
Budget Classification: CAPITAL
Fiscal Year: 2022
Source of Funds: 082.8260.8260.627030.BD122.01.01.58323
III. Explanation
The City, the Park District and the US Army Corps of Engineers (USACE) will enter into a Project Partnership Agreement ("PPA") to commence a study for the rehabilitation of certain segments of the shoreline of Lake Michigan within the City’s boundaries (the "Study"). Under the PPA, the USACE will award a contract or contracts for the Study and in connection therewith, requires in the PPA that the Non-Federal Sponsors make contributions to the USACE of the non-federal share of this Study.
The City and Park District wish to share the costs of the Study equally and for each Party to pay half of the costs owed by the Non Federal Sponsors to the USACE pursuant to the PPA. The City and the Park District desire to enter into this Agreement in order to set forth their understanding as to how they will share the responsibilities which they assume in the PPA and how they will share credits afforded by the Government under the PPA.
Pursuant to the PPA, the Study costs are projected to be $3,000,000 and the Non Federal Sponsor Cost Share projected to be $1,500,000. The City is responsible for payment of fifty percent (50%) of the Non Federal Sponsor Cost Share (the “City Cost Share Amount”) and the Park District is responsible for payment of fifty percent (50%) of the Non Federal Sponsor Cost Share (the “Park District Cost Share Amount”). The City agrees to make its share of the payments and to advance the Park District’s share of the payments up to the amount of the Non Federal Sponsor Cost Share. The Park District agrees to pay the City its 50% share within thirty (30) days of receipt of a notice of Payment.
IV. General Conditions
1. Conflicts: No agreement authorized herein shall be legally binding on the Chicago Park District if entered into in violation of the provisions of the Public Officer Prohibited Activities Act, 50 ILCS 105/0.01 et seq.
2. Ethics: The Chicago Park District’s Ethics Code, Chapter III of the Code of the Chicago Park
District, shall be incorporated into and made part the agreement.
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 Section 17(i) of the Chicago Park District Act, 70 ILCS 1505/17(i). All agreements authorized herein shall contain a clause that any expenditure beyond the current fiscal year is subject to appropriation in the subsequent fiscal year budget.