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R-38-25 Approving an Intergovernmental Agreement between Village of Lemont, Lemont Park District and Lemont Township for theVILLAGE OF `y F �2� N�krEMONT 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: George Schafer, Administration THROUGH: SUBJECT: A Resolution Approving an Intergovernmental Agreement between Village of Lemont, Lemont Park District and Lemont Township for the Independence Day Celebration DATE: June 9, 2025 SUMMARY/BACKGROUND The Village, Lemont Park District and Lemont Township have partnered to support the July 3rd Freedom Celebration for several years making it an outstanding event for the community members to enjoy. The attached resolution renews the Village's commitment to the event for the future until terminated by one of the parties. The obligation has gone up nominally from the previous years, however overall it has been under inflationary increases and the event has been very well received by the community. Staff recommends continuing with the support of the event. The resolution and accompanying document also includes a notification and provision for a waiver of conflict, as both the Park District and Village are represented by the same municipal law firm. ANALYSIS Consistency with Village Policy Budget (if applicable) STAFF RECOMMENDATION Pass Resolution BOARD ACTION REQUESTED Motion (Consent) ATTACHMENTS Resolution Approving IGA Independence Day Celebration_ Village, Township and Park District. pdf 2025 IGA for July 3rd Extravaganza with Village of Lemont & Lemont Township.pdf Conflict Waiver LemontPD Village of Lemont 4908-2170-8596 v.1.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R-' -25 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF LEMONT, LEMONT PARK DISTRICT AND LEMONT TOWNSHIP FOR THE INDEPENDENCE DAY CELEBRATION JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk SAM FORZLEY JANELLE KITTRIDGE KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGO WSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on �-� 2025 RESOLUTION NO. R- 3e -25 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF LEMONT, THE LEMONT PARK DISTRICT AND LEMONT TOWNSHIP WHEREAS the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the Village") is a municipality in the state of Illinois with full powers to enact ordinances and adopt resolutions for the benefit of the residents of the Village; and WHEREAS, the Lemont Park District, Lemont Township and the Village wish to enter into an Intergovernmental Agreement regarding the Independence Day Celebration Event further described and outlined on the Intergovernmental Agreement attached as Exhibit A; WHEREAS, the Village, Lemont Township and Lemont Park District are empowered under the Illinois Constitution and the Intergovernmental Cooperation Act (5 ILCS 220/3) to contract with each other for this purpose and in a manner not prohibited by law; WHEREAS, the accompanying approvals will also include a conflict waiver to be executed between the Village and Lemont Park District as at time of execution both entities are represented by the same municipal law firm; WHEREAS, the Mayor and Board of Trustees of the Village of Lemont find that it is in the best interests of the Village to authorize the Intergovernmental Agreement attached as Exhibit A ("Agreement") with the Lemont Park District and Lemont Township. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows: SECTION 1: RECITALS. That the above recitals and legislative findings are found to be true and correct and are hereby incorporated herein and made a part hereof as if fully set forth in their entirety. SECTION 2: Subject to attorney review, the Intergovernmental Agreement with Lemont Park District is hereby approved and authorized in substantially the same form as Exhibit A attached hereto. SECTION 3: The Village President or his designee is hereby authorized to execute the Agreement in substantially the form attached hereto as Exhibit "A." SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of June 2025. ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS DAY OF "-) (�,Vi.(� 202-b . PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT Samuel J. Forzley Janelle Kittridge t/ Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: Charlene M. Smo1lenOVlage Clerk v ::0 -SEAL --q "ZCIN0'a ABSTAIN: John Egofske, Village President EXHIBIT A Intergovernmental Agreement LEMONT PARK. �ISTRIC7` April 24, 2025, Village of Lemont Mr. George Schaffer Village Administrator Dear Mr. Schaffer and Mr. Mollo, Township of Lemont Mr. Mario Mollo Township Administrator Our spirit of intergovernmental cooperation is at the forefront of our community's annual July 3d Celebration. This fantastic partnership over the past 20 years has resulted in a beloved tradition, bringing Lemont residents, neighbors, and friends together to celebrate our independence in a safe and festive environment. Over the years, it has been clear that this event has generated regional exposure, attracting visitors from far and wide to attend what is considered one of the best fireworks displays in the Chicagoland area. Due to inflation and increased operational expenses, the cost of putting on a quality show has risen significantly. To keep with our tradition of offering this free community event, we would respectfully ask that your annual contribution increase from $10,000 to $15,000 per year to help offset the cost of this event. The 2025 Park District budget for this event is approximately $70,000. This includes the cost of fireworks, entertainment, sound, portable restrooms, trash disposal, and staffing needed to maintain the high standard of this event. We appreciate your continued partnership and support, and we hope you will consider this request favorably. Please see the attached Intergovernmental Agreement which includes an amendment to update the annual contribution from your agency. Please execute and return a copy at your earliest convenience. Once fully executed, I will send a copy to all parties. Thank you for your continued support. Please let me know if you have any questions. *W-d�- A-07�� Louise Z. Egofske Executive Director Lemont Park District (630)257-6787 Ext. 3010 16028127th Street, Lemont, IL 60439 P 630.257.6787 F 630.257.6944 www.LemontParl?District.org INTERGOVERNMENTAL AGREEMENT BETWEEN LEMONT PARK DISTRICT, THE VILLAGE OF LEMONT, AND LEMONT TOWNSHIP FOR THE INDEPENDENCE DAY CELEBRATION This Intergovernmental Agreement entered into as of the day o �n, 2025, by and between the LEMONT PARK DISTRICT, the VILLAGE OF LEMONT, and the LEMONT TOWNSHIP. PREAMBLE WHEREAS, the Village of Lemont ("Village"), Lemont Park District ("Park District"), and Lemont Township ("Township) (hereinafter collectively referred to as the "Parties") are units of local government within the meaning of Article VII, Section 1, of the Constitution of the State of Illinois of 1970 and public agencies as that term is used in Section 2 of the Intergovernmental Cooperation Act, 5 ILCS 220/2; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that any power or powers, privileges, or authority exercised, or which may be exercised by a public agency of this State may be exercised and enjoyed jointly with any other public agency of this State; and WHEREAS, for many years, whenever necessary and possible, the Parties have committed themselves to work cooperatively for the benefit of the taxpayers, as illustrated by the Parties' presentation of a July 41h Independence Day Celebration ("Celebration") in 2006 and the Parties' subsequent formalization of intergovernmental agreements in 2018 and 2019; and WHEREAS, the Parties enjoy a long history of cooperation and collectively believe that their continued cooperation will result in increased financial economies and enhanced benefits for their respective constituents; and WHEREAS, the Parties believe the best interests of their constituents and communities will be served by entering into this Intergovernmental Agreement ("Agreement") to provide a fireworks display for the 2025 Celebration; and WHEREAS, the ViIIage and the Township will each contribute a minimum of $15,000 to the Park District for the Celebration, subject to an annual increase to maintain the quality of the Celebration; and WHEREAS, the Park District shall be responsible for all operational needs and set-up obligations required to present the Celebration and conduct the fireworks display; and WHEREAS, the Lemont Police Department and the Lemont Emergency Management shall provide services as required; and WHEREAS, in the opinion of the Parties, the best interests of the residents, the Village, the Park District, and the Township will be enhanced by entering into this Intergovernmental Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings each has made herein, the Parties hereby agree as follows: SECTION ONE: The above recitals are hereby incorporated by reference as if set forth verbatim herein into this Agreement. SECTION Two: This Agreement shall become effective on the date it is last executed by one of the Parties, each of which is to obtain proper authority from their respective authorizing bodies to enter into this Agreement. SECTION THREE: The Village, the Park District, and the Township may terminate this Agreement upon notice to all Parties eight months before the next Celebration. SECTION FOUR: The various rights and remedies herein granted to the Park District, the Village, and the Township shall be cumulative and in addition to any other remedies the Park District, the Village, and the Township may be entitled to by law, and the exercise of one or more rights or remedies shall not impair the Park District's, the VilIage's, or the Township's right to exercise any other right or remedy. SECTION FIVE: If any part of this Agreement is found by any court of competent jurisdiction to be unlawful, unconstitutional or ultra vires, all other parts of the Intergovernmental Agreement shall remain in force. SECTION Six: All notices, demands, or writings in this Intergovernmental Agreement provided to be given, made, or sent by either party hereto to the other shall be in writing and shall be deemed to have been fully given by either: (i) facsimile transmission or via electronic email; (ii) delivering or causing to be hand -delivered a written copy thereof; or (iii) by sending a written copy thereof by depositing the same in the United States mail, certified or registered mail, postage prepaid, return requested, and addressed to the Park District, the Village, or the Township as follows: If to the Lemont Park District: Executive Director Lemont Park District 16028 1271' Street Lemont, IL 60439 If to Lemont Township: Township Supervisor Lemont Township 16300 Alba Street Lemont, IL 60439 If to the Village of Lemont: Village Administrator Village of Lemont 418 Main Street Lemont, IL 60439 2 SECTION SEVEN: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and no prior agreement or understanding with regard to any such matter shall be effective for any purpose. No provision of this Intergovernmental Agreement may be amended or added to except by an agreement in writing signed by the parties hereto. SECTION EiCHT: The Parties acknowledge and agree that Ancel Glink, P.C. has advised them of their prospective conflict of interest based upon its representation of all three Parties. Furthermore, in executing this Agreement, the Park District, Village, and Township each acknowledges and agrees that any conflict arising out of the intergovernmental agreement drafting and negotiating process has been resolved to the satisfaction of each party. LEMONT PARK DISTRICT By: President Attest By: Secretary LEMONT TOWNSHIP By: Supervisor Attest: By: Township Clerk VILLAGEZNT By: Adm r • ,,III � ,. � '� 1/ / i,l c .1 Signed copies are to be given to each party and filed with each party's legal counsel. Airicel Glink April 10, 2025 A Professional Corporation 1979 N. Mill Street, Suite 207 Naperville, IL 60563 www.ancelglink.com Keri-Lyn J. Krafthefer kkrafthefer@ancelgiink.com (P) 312.604.9126 (F) 630.596.4611 President Bill McAdam Administrator George Schafer Lemont Park District Village of Lemont 16028 1271h Street 418 Main Street Lemont, Illinois 60439 Lemont, Illinois 60439 bmcadam&lemontparks.org gschafernlemont.il.us Re: Waiver of Conflict of Interest - Intergovernmental Agreement Lemont Independence Day Celebration Dear President McAdam and Administrator Schafer: As you know, we represent the Lemont Park District and the Village of Lemont. Occasionally, a situation occurs where we represent public entities that may be considering entering into an agreement or otherwise results in a situation where multiple entities may require legal assistance from our law firm on a common issue. As you are aware, the Park District and the Village wish to enter into Intergovernmental Agreement for the upcoming Independence Day Celebration to celebrate the Fourth of July. Should you wish to proceed with an intergovernmental agreement, our office will represent both the Lemont Park District and the Village of Lemont. The ethics rules applicable to attorneys allow us to represent conflicting parties in a transaction, negotiations, or the creation of an agreement, so long as each party to the negotiations waives the actual or potential conflict of interest. The purpose of this letter is to briefly describe the current situation and obtain the requisite waiver from all parties. We expect that this letter will clarify and alleviate any potential confusion regarding our representation. We serve as the regular corporate attorneys for the Lemont Park District and the Village of Lemont. Both of these entities must acknowledge that we have disclosed our respective representation, and that both parties waive any actual or perceived conflict of interest in the drafting of documents and conduct of negotiations related to this intergovernmental agreement. In order for you to waive any actual or perceived conflict of interest, all parties must feel comfortable that we may carry out these tasks without being required to place one party or another in an undisclosed adverse situation. Further, both of your boards must vote to waive any conflict. The ultimate intergovernmental agreement will need to be approved by each party. The final signing of the intergovernmental agreement is the final determination by all parties that any conflict arising out of the intergovernmental agreement drafting and negotiating process has been resolved to the satisfaction of each party. CHICAGO 0 VERNON HILLS • NAPERVILLE 0 CRYSTAL LAKE 4 BLOOMINGTON 0 MOLINE ANCEL GLINK April 10, 2025 Page 2 If, based upon the description set out above, your entity is willing to waive any conflict of interest involved in Ancel Glink's representation of the Park District and the Village as described above, we ask that you formally waive that conflict of interest and indicate that waiver by executing the waiver form on page three. Sincerely yours, Keri-Lyn J. Krafthefer CHICAGO 0 VERNON HILLS 0 NAPERVILLE 9 CRYSTAL LAKE 4 BLOOMINGTON 0 MOLINE ANCEL GLINK April 10, 2025 Page 3 Having reviewed the issues set forth above, and evaluated our own interpretation of this issue, the Lemont Park District and the Village of Lemont waive any conflict of interest in this Agreement by Ancel Glink. DATED: Lemont Park District ACCEPTED: Ancel Glink, PC DATED: Village of Lemont CHICAGO • VERNON HILLS • NAPERVILLE 0 CRYSTAL LAKE 0 BLOOMINGTON • MOLINE