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HomeMy WebLinkAbout01-325 Resolution No. 01-325 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AMENDMENT WITH SCHOOL DISTRICT U-46 FOR THE UTILIZATION OF LAND AND FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement amendment on behalf of the City of Elgin with School District U-46 for the utilization of land and facilities, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 28 , 2001 Adopted: November 28, 2001 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT AMENDMENT This agreement amendment is hereby made and entered into this it day of it , 2001 by and between the City of Elgin and School District U46. WHEREAS, the parties hereto have previously entered into an agreement for the utilization of certain properties and the performance of certain services, dated April 28, 1997, a copy of which is attached hereto and made a part hereof as Attachment "A" (hereinafter referred to as "Original Agreement"); and WHEREAS, the parties have each determined it to be in their best interests to amend the Original Agreement: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged by all parties hereto, the parties hereto, hereby agree that the Original Agreement shall be amended as follows: Section 2 Facility and Site Use F. Since this original agreement was established in 1997, the School District has implemented its Partnership in Excellence for Learning Program with the year-round school at Channing Elementary School. Expansion of this program could result in a modified school year at Gifford Elementary School in the future. Due to the modification of the year-round school at Channing,Kimball Middle School will be utilized by the City for summer programming based on a schedule of City programming and U46 maintenance as determined annually. In the case a modified school year is implemented at Gifford, a reasonably equivalent and suitable alternative location and times shall be selected at that time and agreed upon by both parties hereto for City use as a replacement facility. Section 4 Miscellaneous Provisions B. Agreement for Exchange of Services. In exchange for the school district providing custodial support and utilities, (reference Section 3 A. 1-2), the City agrees to provide the following services/fee waivers: • Playground maintenance of equipment at Channing, Huff, and Gifford Schools. Maintenance is defined as weekly playground safety inspections,picking up of debris within playground boundary and minor maintenance of $50 or less for each occurrence. The School District shall coordinate and pay for repairs of over $50. • Hemmens waivers of rental fees up to $3,000 per school year. • Wing Park Bandshell one-time event fee waiver per school year. Page 1 of 3 C. Safe Summer Open Gym Program. A City-sponsored safe summer open gym program operates in some U-46 facilities. In exchange for$13,000 reduction in the custodian costs related to the safe summer open gym program, the City agrees to the following services/fee waivers: • Cross Country meets to be held at Wing and Lords Parks for Elgin and Larkin High Schools at no cost. • Spartan Meadows and Wing Park Golf Courses use fees and services annually for Larkin High School girls and boys golf teams (2 teams total) as follows: A team shall consist of no more than 24 roster players. The team must be accompanied and monitored by a coach. If in the absence of the coach, an assistant coach must monitor the players. All scheduled practices and matches must be monitored by the coaching staff. Scheduling of these events must be done as soon as possible in the year for availability. The City golf staff will book the times based on first-come,first-served basis. The greens fee for the team matches and practices shalll be an adult season pass at the appropriate facility each school year. Fees for tryouts shall be invoiced to the school separate of the team fee. The tryout fee will be $10/player/round each school year. Tournament fees for non-match events shall be applied to the visiting team members. Weekday tournament play shall be charged at the resident junior rate for the appropriate holes played (i.e., 9-holes or 18-holes). Weekend tournament play is subject to availability and shall be charged the resident rate less a 10% discount. Tournament fees can be invoiced if desired. Range fees for practice balls may be set up on an account and invoiced separately. Standard fees for range balls shall apply. • Sports Complex Soccer- Fee waivers for field use of up to 25 matches per school year, combined, for both Elgin and Larkin High Schools. A match consists of 1 field for a 2-hour time slot. Softball- Fee waivers for Larkin High School Slugfest Tournament for up to 5 fields for a 6-hour time slot each during the one day event. Page 2 of 3 CtlY OF ELGIN: By: A"' Attest: ity ranager City Clerk SCHOOL DISTRICT U46: By: 4111.._ Attest: VA Id As. * tant Superintendent .ecretary, Board of Edu'ation va,agement Services School District U-46 hool District U-46 Page 3 of 3 ATTACHMENT "A" INTERGOVERNMENTAL AGREEMENT FOR THE UTILIZATION OF LAND AND FACILITIES BY AND BETWEEN THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 KANE, COOK AND DUPAGE COUNTIES AND THE CITY OF ELGIN, KANE AND COOK COUNTIES This Agreement made and entered into this 26 day of /1- tV.,. 1997 , by and between the Board of Education of School District U-46 , Kane, Cook and DuPage Counties , Illinois (hereinafter referred to as the "School District" and the City of Elgin, Kane and Cook Counties , Illinois (hereinafter referred to as the "City" ) . WHEREAS , the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act of the State of Illinois encourage the cooperation between units of local government for matters of mutual concern; and -- WHEREAS, the City and the School District mutually agree that Channing Elementary and Gifford Elementary Schools should have expanded gymnasiums to be -utilized cooperatively by both parties; and WHEREAS, the School District desires to begin construction on Gifford Elementary School in June, 1997 to be completed by November, 1997; and WHEREAS, the School District also desires to begin construction on Channing Elementary School in March, 1999 to be completed' by the 1999-2000 school year; and WHEREAS, the City and the School District have mutually determined that it would be in the best interests of the citizens of the community to be able to utilize certain portions of the elementary schools when said buildings are not being used for School District purposes, but could be used for community recreation activities sponsored by the City; and WHEREAS, the City has determined that in order to provide the citizens of the community with the necessary recreational activities at elementary schools , certain additions and enlargements will be required, which additions and enlargements would not otherwise be necessary for the School District in order for the School District to provide for the educational needs of the residents of said School District; and WHEREAS , the School District has determined that the City' s use of the elementary schools for community recreational activities during non-school hours would not interfere with the School District ' s delivery of educational services to its students and residents ; and WHEREAS, the School District agrees to expand each of the Gifford Elementary School and the Channing Elementary School gymnasium from 3, 000 square feet to 4 , 500 square feet, provide a separate entrance to each gymnasium, separate -restroom facilities for each gymnasium and include a storage space not less than 12 feet by 12 feet for City usage adjacent to each gymnasium. NOW, THEREFORE , in consideration of the foregoing and the mutual covenants and agreements as hereinafter set forth, the City and the School District agree as follows : Section 1 Construction Costs and Design A. The City shall reimburse the School District for costs associated with the expanded gymnasium facilities over a 10 year period, with the first payment due the tenth day of January following occupancy of the renovated facility, with 9 equal installments payable on -January 10 of each following _year, at no interest. The cost for the expanded gymnasium facility at Gifford School shall be made on the basis of an architectural calculation based on actual bids for the project. The cost for the Channing School facility shall be included as a _bid alternate . In either case, the City shall not be obligated for more than $300, 000 per site . B. Should this agreement cease, for any reason, within the first twenty-five ( 25) years after occupancy of the facility, the District shall reimburse the City the undepreciated value of the gymnasium expansion based upon a twenty-five (25) year straight line depreciation method dated from the first day of occupancy of the facility. C. The City and the School District agree to cooperate in the design of the gymnasium facility and all alterations and change orders so that the planned recreational and educational uses of both parties are met. Section 2 Facility and Site Use A. The City and the School District agree that the elementary schools and surrounding sites and shall be jointly used as outlined below. For purposes of this Agreement, the School District "facility" shall refer to the elementary schools , including the gymnasiums and adjacent restrooms and • 2 t. . the adjoining outside School District property, including parking lots . The City shall be entitled to reasonable modes of ingress and egress to and from the facility during non-school hours when using the gymnasium. B. For purposes of this Agreement, "nan-school hours " shall be defined as follows : 1 . Weekdays . From 5 : 00 p.m. to 10 : 3D p.m. , Monday through Friday, throughout the school term. 2 . Weekends . All day Saturday and after 12 : 00 p.m. on Sunday, throughout the school term. 3 . Holidays . That extended period of time when school is not in session throughout the school term, including, but not necessarily limited to Thanksgiving, Winter and Spring vacations . — 4 . Summer. That period of time during the months of June, July and August, outside of the school term, except for scheduled maintenance and cleaning. Scheduled maintenance and cleaning periods shall be designated by the School District in writing. Notice of such designation will be delivered to the City at least thirty ( 30) days prior to the end of each school term. C . During "non-school hours" when the school district has an on duty custodian, the City will receive building use at no cost. D. It is understood and agreed that the needs of the School District may require usage of the School District facility during non-school hours on certain days throughout the calendar year for special events, such as parent-teacher conferences, holiday programs and PTA fund-raising events . Prior to the start of eachschool term, not later than June 30th of each year, the City and the School District shall designate ih writing one weekday evening per week and one full weekend per school quarter, during the school term, for school programs or activities . The Thanksgiving and Spring holiday break and five consecutive days during the Winter holiday shall be preempted by the School District for scheduled maintenance and cleaning. In addition, it is understood and agreed by the City that there may be occasions when the School District may require usage of the facility during non-school hours assigned to the City in order to accommodate special uses as the need arises . Therefore, upon the minimum of 14 days ' written notice, the School District may request a modification of the usage schedule set forth above . Consent shall not be unreasonably withheld. In instances where all the U-46 facilities awe 3 t . closed for emergency reasons ( i .e. snow/extreme cold) , the gymnasium shall not be used by the City on that day. In addition, it is understood and agreed by the School District that there may be occasions when the City may require usage of the facility during non-school hours assigned to the School District in order to accommodate special uses as the need arises . Therefore, upon a minimum of 14 days ' notice, the City may request a modification of the usage schedule set forth above . Consent shall not be unreasonably withheld. E . The City and the School District recognize and understand that this is a unique agreement providing the optimum use of public facilities being constructed for the residents of both the City and the School District. It is recognized that there may be a need, from time to time, for periodic review and modification of this Agreement, after formal adoption and execution of this Agreement. Such reviews shall take place as needed, at the request df either the School District or the City. Only by mutual written consent of the parties acting through authority granted by their respective board and council , may this Agreement be amended. F. The School District is currently in the initial stages of a planning process known as Partnership in Excellence for Learning. A committee is looking at innovative, creative ways to provide educational services . The culmination of this process could result in a modified - school year, flexible scheduling and the like. It is understood, therefore, that any modification to use Gifford and Channing Schools for educational purpose could require a modification to the periods of time these facilities could be used for recreational purposes . G. It is understood and agreed that certain areas of the facility shall be designated for storage and/or office space for City use. Those areas designated for City storage and/or office space shall be solely occupied by the City throughout the calendar year, including during school hours . H. In executing this Intergovernmental Agreement and accepting its benefits , the City agrees that it shall use the School District facility solely for those activities which it properly and lawfully is authorized to sponsor. The City agrees to require users to abide by the School District ' s no smoking and no alcohol policy. Section 3 Operational Costs A. Utilities and Custodial/Night Cleaning Costs The City understands and agrees that, through its utilization of the facility, it may render the School District liable for additional custodial and/or night cleaning costs . The City agrees that it shall be bound by the provisions of the 4 agreement between the School District and the Elgin . Support Staff Organization ( "ESSO" ) , as it pertains to the use of Channing Elementary and Gifford Elementary Schools and for purposes of computing additional costs resulting from City use_ 1 . The School District agrees to provide at its sole cost reasonably required heating, cooling and electrical services during those -times that the City uses the facility. 2 . The School District agrees to provide at no additional cost to the City, reasonably required custodial and/or night cleaning services with a quality of maintenance equal to ongoing school custodial and/or night cleaning services during the timeframe that the City uses the facility. 3 . The City shall pay any additional cost including regular and overtime compensation for custodial and/or night cleaning during weekends, holidays and summer usages when a custodian and/or night—cleaner is required solely due to a City sponsored activity and is not assigned to regular duty, within thirty ( 30 ) days after receipt of an invoice for the same by the School District. B. Repairs The School District shall at its sole cost be responsible for the repair and replacement of fixtures, furnishings and improvements to the facility. If damageto the fixtures , furnishings and improvements are the direct result of a City activity, the City agrees to reimburse the School District for its direct cost of the necessary repairs or replacements . C. Supervision of Activities The City agrees to provide and assume, at its sole cost, personnel sufficient and necessary to properly schedule and supervise City activities at the School District facility. D. Equipment It is understood that certain items of equipment provided by the City and/or the School District upon request may be utilized jointly for City and School District activities . Both parties agree that the party using the equipment will be solely responsible for any damage to equipment as a direct result of that usage regardless of ownership. E . Liability/Insurance Prior to the commencement of the use of the subject facilities the School District agrees to provide the City with a certificate of insurance pursuant to its self insurance program naming the City as a primary, non-contributory additional insured with limits of not less 5 than $500, 000 per occurrence and excess coverage of not less than $5 , 000 , 000 for claims relating to the condition of the subject facilities or the occupancy or use thereof by the City or its invitees covering general liability, including personal injury and property damage . Such certificate of insurance shall provide that the insurance shall not be terminated for any reason without thirty ( 30 ) days advance written notice to the City. Such insurance, however, shall not be required to cover, nor shall the School District be Liable for, any loss , damage or injury of any kind to any person or property occasioned by the negligent acts or omissions of the City, its agents , or employees . The School District agrees and does hereby indemnify and hold harmless the City from and against any and all claims, actions , causes of action, damages , liability and expenses, including attorney fees , inconnection with loss of life, personal injury, and/or property damage arising out of any occurrence in, or upon the facilities, or the occupancy or use of such facilities or any part thereof, or arising from or out of the School District ' s failure to comply with any provision of this agreement, or otherwise occasioned fully or in part by the actions , negligence, inaction or omission of the School District, its officials , -employees, agents, representatives, contractors , invitees or licensees . Such indemnification, however, shall not include nor shall the School District be liable for, any loss, damage or injury of any kind to any person or property occasioned by negligent acts of the City, its agents , employees , or invitees . In the case the City shall, without fault on its part, remain a party to any litigation within the purview of such indemnification and hold harmless provision, then the School District shall protect and hold the City harmless and shall pay all costs, expenses and reasonable attorneys fees incurred or paid by the City in connection with such litigation. The City may at its option, require the School District to assume the City's defense in any action within the purview of this indemnification and hold harmless provision through counsel satisfactory to the City. Prior to the commencement of the use of the subject facilities the City agrees to provide the School District with a certificate of insurance pursuant to its self insurance program naming the School District as a primary, non-contributory additional insured with limits of not less than $500, 000 per occurrence and excess coverage of not less than $5 , 000 , 000 for claims arising out of negligent acts or omissions of the City, its officers , agents, employees or invitees and which also involve the City occupancy and use of the subject facilities by the City or its invitees covering general liability, including personal injury and property damage . Such certificate of insurance shall provide that the insurance shall not be terminated for any reason without thirty ( 30 days advance written notice to the School 6 I-. District . Such insurance, however, shall not be required to cover, nor shall the City be liable for, any loss, damage or injury of any kind to any person or property occasioned by the design, construction or maintenance of the subject facilities or by the negligent acts or omissions of the School District, its agents , employees or invitees . The City agrees and does hereby indemnify and hold the School District harmless from and against any and all claims , actions , causes of action, damages , liability and expenses , including attorney' s fees , in connection with loss of life, personal injury, and/or property damage arising out of negligent acts or omissions of the City, its officers, agents, employees or invitees and which also involve the City' s occupancy or use of such facilities or any part thereof, or arising from or out of the City' s failure to comply with any provision of this agreement . Such indemnification, however, shall not include nor shall the City be liable for, any loss , damage or injury of any kind to any person or property occasioned by the design, construction or maintenance of the subject facilities or by negligent acts of the School District, its agents , employees, or invitees . In the case that the School District shall, without fault on its part, remain a party to any litigation within the purview of such indemnification and hold harmless provision, then the City shall protect and hold the School District harmless and shall pay all costs, expenses and reasonable attorney' s fees incurred or paid by the School District in connection with such litigation . The School District may at its option, require the City to assume the School District ' s defense in any action with the purview of this indemnification and hold harmless provision through counsel satisfactory to the School District . Section 4 Miscellaneous Provisions A. Right of First Refusal In the event that the School District determines to sell the facility, or any portion thereof, the City shall have the right of first refusal upon the same terms and conditions as has been agreed to in writing with a prospective purchaser. Should the City exercise said right of first refusal, the City shall receive full credit for the undepreciated value of its contribution toward the construction of the gym. Depreciation of the improvements shall be determined through the use of a twenty-five (25) year straight line depreciation method dated from the first day of occupancy of the facility. Such right of first refusal shall expire thirty ( 30 ) days after the School District gives written notice of its receipt of any acceptable offer to purchase from a third party to the City, along with a copy of such offer to purchase, unless exercised within such thirty ( 30) day period. 7 In the event the City does not exercise its right of first refusal, and the property is sold to a third party, the school district agrees to pay the City the undepreciated value of its contribution towards the construction of the gym. Depreciation of the improvements shall be determined through the use of a twenty-five ( 25 ) year straight line depreciation method dated from the first day of occupancy of the facility. B. Agreement for Exchange of Services In exchange for the schooldistrict providing custodial support and utilities , (reference Section 3 A. 1-2 ) , the City agrees to provide the following services/fee waivers : maintenance of playground equipment at Channing, Huff, Gifford and Lowrie Schools ; waive Hemmens rental fees up to $3, 000 per school year and an annual one-time event fee waiver for use of the Wing Park bandshell ; and field maintenance at Kimball and Abbott Middle Schools_ C. Safe Summer Open Gym Program A City-sponsored safe summer open gym program operates in some U-46 facilities . In exchange for $13, 000 reduction in the custodial costs related to the safe summer open gym program, the City agrees to the following services/fee waivers : - waive rental fees for use of soccer complex for Larkin and Elgin High School boys and girls home games ; grant Larkin High School usage of Spartan Meadows Golf Course for home matches and team practices at a cost equivalent to one resident season pass ; use of Wing and Lords Park for cross country meets for Elgin and Larkin High Schools . D. Notice Any and all notices requires to be sent to the City shall be served in writing by certified mail or by personal delivery during regular business hours to the City Clerk, 150 Dexter Court, Elgin IL 60120 . Any and all notices required to be sent to the School District shall be served in writing by certified mail or by personal delivery during regular business hours to the Secretary of the Board of Education, School District U-46 at 355 East Chicago Street, Elgin, Il 60120 . E. Savings Clause It is mutually understood and agreed that all agreements and covenants herein are severable and that in the event any of them shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. F. Default In the event that either the City or the School District default in faithfully performing its obligations hereunder, the non-defaulting party shall give notice to the other party of such default in writing. In -the event that such default continues thereafter for a period of sixty ( 60 ) days, then the non-defaulting party may withhold cooperation 8 • of participation in this Agreement until ail said defaults are cured and/or take such further legal or equitable action as shall otherwise be available . G. Term This Agreement shall be in effect for a period of twenty-five ( 25 ) years commencing November 1 , 1997 through October 31, 2022 unless otherwise earlier terminated as provided herein. In the event the gymnasium at Gifford School . is not complete, the parties will meet to insure the City has twenty-five ( 25) years of building use . The parties may elect to renew this Agreement in its current or modified form or such terms thereafter as they shall find agreeable. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. • BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 Kane, Cook and DuPage Counties , Illinois By: President ATTEST: Secretary - CITY OF F- _ N Katne a. d ..k/ ounties , Illinois By: tile. Add . Cit `w Manage ATT T: 1 4 City Clerk 9 ` `" Agenda Item No. r City of Elgin 1'Ao n% .ri L ts November 9, 2001 1 !.-_ Ri. a.:p: a , TO: Mayor and Members of the City Council RECREATIONAL LEISURE AND CULTURAL OPPORTUNITIES FOR ALL CITIZENS FROM: Joyce A. Parker, City Manager SUBJECT: Amendment to the Intergovermental Agreement With School District U-46 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an amendment to the Intergovernmental Agreement with School District U-46 . BACKGROUND rStaff and representatives from School District U-46 have discussed needed clarifications to the Intergovernmental Agreement established in April, 1997 . The agreement provides for cooperative facility use and rental fee savings for both organizations necessitated by shared facility uses and the City' s recapture of capital improvement funds to School District U-46 for gym expansions at Gifford and Channing Elementary Schools . The amendment provides for clarification regarding facility and site use of School District U-46 facilities by the City and the miscellaneous provisions provided by the City for facility use by School District U-46 . Specific clarifications in the amendment are as follows : • Channing Elementary School has implemented a modified school year. As such, the City will be provided use of Kimball Middle School when Channing School is not available . In the case that Gifford Elementary School implements a modified school year, a replacement facility will be provided to the • City by School District U-46 . r • rU-46 Agreement Amendment November 9, 2001 Page 2 • The City performs weekly playground maintenance on Gifford, Channing and Huff school playgrounds . Maintenance was defined as weekly playground safety inspections, picking up of debris within the playground boundary and minor maintenance of $50 or less for each occurrence . The School District shall coordinate and pay for repairs of over $50 . • Field maintenance at Kimball and Abbott Middle Schools was eliminated from the City' s responsibility as it was never done . • Larkin High School usage of Spartan Meadows Golf Course was limited to one girls and one boys team with a maximum roster of 24 players per team. Practices and matches must be monitored by the coaching staff . Tryout fees are $10 per player per round. Tournament fees are applied to the visiting team at a resident junior rate on weekdays and standard resident rate less 10% on weekends . Use of the range is at standard fees . • Use of the Sports Complex Soccer Fields for up to 25 matches per year, combined, for both Elgin and Larkin High Schools . A match consists of 1 field for a 2-hour time slot . • Use of the Sports Complex Softball Fields was added for the Larkin High School Slugfest Tournament for up to 5 fields for a 6-hour time slot during the one day event . • All other facility usage or fee waivers remain unchanged. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED School District U-46 . II FINANCIAL IMPACT n 1997, the City contributed $600, 000 to School District U46 to expand the gymnasiums at Gifford and Channing Elementary Schools and established the intergovernmental agreement to share facilities. Through the terms of the agreement, School District U46 receives approximately $20, 000 annually in fee waivers or discounts and the City receives approximately $42 , 500 annually in fee waivers or discounts . Additionally, in 2001 , the City paid rik School District U46 approximately $43 , 000 for additional facility rentals and School District U46 paid the City approximately $2, 150; U-46 Agreement Amendment November 9, 2001 Page 3 $2, 000 for golf course use and $150 in field rental at the Sports Complex. Of the $43, 000 paid by the City, $7, 850 was to cover expenses for the Safe Summer Free Open Gym Program above the $13, 000 fee waiver and $2, 500 for the Winter Break Free Open Gym Program. The remaining $32, 650 is for facility rentals for fee- based programs which are fully supported by registration fees . The above fees are in accordance with the agreement and may vary slightly from year to year depending on facility usage by both parties . vmalEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the amendment to the Intergovernmental Agreement With School District U-46 . Respectfully submitted, Joyce`A. Parker City Manager MM Attachment