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Resolution No. 00-75
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE HILL BMX ELGIN ASSOCIATION
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 a Purchase of Service Agreement on behalf of the
City of Elgin with the Hill BMX Elgin Association for the bike
moto cross program at the Elgin Sports Complex, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: March 22 , 2000
Adopted: March 22, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
BETWEEN THE HILL BMX ELGIN ASSOCIATION
AND THE CITY OF ELGIN
THIS AGREEMENT is made and entered into on this2 y7/'day of /t 4 ', , 2000, by and
between The Hill BMX Elgin Association, a not-for-profit corporation, organization and existing
under the laws of the State of Illinois, (hereinafter referred to as "BMX") and the CITY OF ELGIN,
Illinois, a municipal corporation, (hereinafter referred to as the "City").
Now, therefore, in consideration of the mutual promises and covenants contained herein, the
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. BMX shall maintain, and City shall permit BMX to maintain a BMX official size track, starting
tower, light and starting gate at the Elgin Sports Complex in Elgin, Illinois at BMX's sole expense
during the term of this agreement. The location of the BMX facility shall be approved in advance by
the Director of the City's Parks and Recreation Department.
2. BMX shall bear all operating costs, including,but not limited to those which insure the facility,
sanction races, obtain permanent equipment and provide awards.
3. BMX shall provide an insurance policy in which the City shall be named as additional insured
which shall at all times be maintained at or above the following amounts:
$1,000,000 General Aggregate $1,000,000 Each Occurrence
$1,000,000 Products/Completed
Operation Aggregate $ 50,000 Fire Damage (any one fire)
$1,000,000 Personal Injury $ 5,000 Medical Expense (any one person)
This insurance shall apply as primary insurance with respect to any other insurance or self-insurance
program afforded to the City. There shall be no endorsement or modification of this insurance to
make it excess over other available insurance, and alternatively, if the insurance states that it is excess
or prorata, it shall be endorsed to be primary with respect to the City.
4. BMX shall be strictly liable for the acts of its agents, volunteers, officers and employees and
shall to the fullest extent permitted bylaw indemnify, defend and hold harmless the City, its officers,
employees, agents, boards and commissions from and against any and all claims, suits,judgments,
costs,attorney's fees,damages or other relief arising out of or in any way connected with the BMX
facilities being located at the Elgin Sports Complex or the operation or use thereof of any action or
inaction by BMX or its agents, volunteers, officers and employees. Nothing herein effects BMX's
duty to defend the City. In the event of any action against the City, its officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such
action shall be defended by counsel of the City's choosing.
5. BMX shall hold a series of beginner clinics each summer(April-September) during the term
of this agreement.
6. BMX shall schedule a series of not less than 24 sanctioned BMX races each season(April-
October).
7. BMX shall hold one benefit race for the Parks and Recreation Youth Scholarship Fund with
a guaranteed minimum of$2,500 in proceeds, which proceeds shall be paid to City within thirty(30)
days of said race.
8. BMX shall reasonably promote the facility through its ties with the Chicago Area Bicycle
Dealers Association, suburban bike shops, park districts and area media.
9. BMX shall advertise with all printed material recognizing the "The Hill BMX Elgin
Association" as the coordinating entity, list the track as the "The Hill"at the "City of Elgin Sports
Complex," and the address as 601 South McLean Boulevard, located at the corner of McLean
Boulevard and Spartan Drive". (The facility address shall be included if space permits).
10. BMX shall encourage use of the BMX facility through providing bicycles as BMX may obtain
from the Elgin Police Auction, financial assistance as may be obtained from City's Parks and
Recreation Youth Scholarship Fund, and by offering discounted rates and special programs.
11. BMX shall contact Mike Monell, Sports Complex Recreation and Maintenance Supervisor,
when making grounds maintenance requests.
12. BMX shall obtain written approval from the Director of the City's Department of Parks and
Recreation prior to taking any action which may have any effect upon the facility.
13. BMX shall provide a written report and fiscal accounting of the operation of the facility at
the end of the year to the Director of Parks and Recreation.
14. BMX shall be entitled to sell prepackaged food snacks (grilled hot dogs and bratwurst) at the
track on Saturday race days only. Snacks shall be limited to canned or plastic bottled beverages,
candy, chips, energy snacks, and snack cakes. No other foods or beverages shall be permitted.
Snacks shall be sold at the same price as set for similar snacks and beverages at the concession stand.
BMX shall comply with all applicable local, state and federal laws, including, but not limited to Elgin
Municipal Code Section 9.12.010, et seq.
15. City shall promote the aforementioned facility, races and clinics through the Parks and
Recreation Department seasonal brochure, and shall display posters and fliers in the Parks and
Recreation Department Office.
16. City shall provide lawn maintenance and trash pickup at the facility.
17. City shall repair and maintain the stone path leading from the concession stand to the track.
18. City shall provide maintenance assistance as and when available for moving clay.
19. City shall provide a source for watering of the site and shall pay the costs of water usage to
the site.
20. City shall provide for electric service to the site and pay for the cost of electric usage.
21. City shall provide chalk for the lining of the course (two bags every Friday during season),
the cost of which shall be reimbursed to City within 30 days of City providing BMX with a bill for
said chalk.
22. The City shall provide track drying agent (10 bags at the beginning of the season and as
necessary throughout the season as requested by BMX),the cost of which shall be reimbursed to City
within thirty(30) days of City providing BMX with a bill for said drying agent.
23. BMX shall conduct all of its operations and maintain the facility in compliance with all
requirements of law including but not limited to the requirements of the Elgin Municipal Code, as
amended.
24. This agreement shall be in full force and effect from March 23, 2000, through December 31,
2002.
25. This agreement may be terminated by either party upon sixty (60) days advance written
notice.
26. This agreement shall not be deemed or construed to create an employment,joint venture,
partnership or other agency relationship between the parties hereto.
27. It is agreed and understood that the City owns and shall continue to own all right, title and
interest in the Elgin Sports Complex property including any improvements located thereon, and
nothing herein nor any of the services to be provided by BMX or any actions by BMX taken pursuant
to the agreement is intended or shall be construed to provide BMX with any rights thereto, with any
and all such ownership and rights remaining with the City.
10 '
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year
first written above.
The Hill BMX Elgin Association CITY OF ELGIN
an Illinois not-for-profit An Illinois municipal
corporation Corpora ',n
By: � r By: �L
Presi nt J tie A. arker
City Manager
Attest: Attest:
C
C --) - ,
51ir(-490-,,,-C efite-Ca4.--
•
Secretary Dolonna Mecum
City Clerk
DATE(MM/DOIYY)
ACORD,. CERTIFICATE OF LIABILITY INSURAN IDRIH4 02/18/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wick Pilcher Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1702 E. Highland Ave. , Ste 202 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. Box 10339 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phoenix AZ 85064-0339 INSURERS AFFORDING COVERAGE
Phone: 602-279-5800 Fax:602-279-5899
INSURED i INSURER A: Terra Nova Insurance Co. LTD
I INSURER B: United National Ins. Co.
American Bicycle Association INSURERC:
P.O. Box 718 INSURER D:
Chandler AZ 85244 --
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR POLICY EFFECTIVE POLICY EXP RATION LIMITS
TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MMIDDIYY)
GENERAL LIABILITY j EACH OCCURRENCE ' S 1,000,000
A Xl'I,COMMERCIAL GENERAL LIABILITY TNM-00188 02/01./00 ' 02/01/01 FIRE DAMAGE(Any one fire) $EXCLUDED
I CLAIMS MADE L X,OCCUR( , MED EXP(Any one person) S EXCLUDED
X, NO AGGREGATE APPLIES FOR PERSONAL&ADV INJURY S 1,000,000
RACE EVENTS GENERAL AGGREGATE $ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG I S 1,000,000
POLICY} )JECT f �1 LOC
j AUTOMOBILE LIABILITY 1
C--.,., ;E COMBINEDcdent)
SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
- (Per accident)
' GARAGE LIABILITY TAUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC $
(" AUTO ONLY:I AGG f
' EXCESS LIABILITY I EACH OCCURRENCE S 10,000,000
B Jl OCCUR l-__] CLAIMS MADE j CU00052517 02/01/00 02/01/01 AGGREGATE S 10,000,000
1 S
DEDUCTIBLE S
I
1 X i
RETENT)ON $ 10,000 WC-S IIOTH-
WORKERS COMPENSATION AND i I TORY LIMITS) i ER
.EMPLOYERS'LIABILITY r �___----_--- ____._- �___ _-.-
E.L.EACH ACCIDENT S
E.L.DISEASE-EA EMPLOYEE$
E.L.DISEASE-POLICY LIMIT I$
1 OTHER
I I 1
DESCRIPTION OF OPERATIONS/LOCAT(ONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER, TRACK OWNERS, OPERATORS, SPONSORS, PARTICIPANTS &
LANDLORDS ARE ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR FOR OPERATIONS
ARISING OUT OF SANCTIONED ABA RACING EVENTS AND/OR TRACKS. DED $500
CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
00000-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
THE HILL BMX EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
#1178 30 DAYSWNRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
MARK KNASKO LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
1 NORTH 675 GOODRICH AVE
GLEN ELLYN IL 60137 ANY K 'UPON THE I RER,ITS G TS OR NTATIVES.
Carl.- �Ci er
ACORD 25-S(7197) " ACORD CORPORATION 198
6.
:‘ FCC
1, City of Elgin Agenda Item No.
41 w"$.
March 1, 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: The Hill BMX Elgin Association Purchase of Service
Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider the 2000 Purchase
of Service Agreement with The Hill BMX Elgin Association.
BACKGROUND
Since 1990, the City has worked with the BMX Association to provide
a BMX (bicycle moto cross) facility at the Elgin Sports Complex.
The basis of this agreement is that the BMX Association is
responsible for the maintenance of the track, starting tower, and
registration building, as well as providing all programming for the
facility and insurance coverage naming the City of Elgin as
additional insured. The Parks and Recreation Department assists
with lawn maintenance and trash removal as well as assistance with
maintenance equipment and personnel for large maintenance projects.
The BMX track is very popular, providing sanctioned races and
instructional clinics every Saturday. Since 1992, the track has
hosted the Gold Cup Qualifier which draws riders from all over the
Midwest . The BMX Association also holds an annual benefit race for
the Parks and Recreation Department ' s Youth Scholarship Fund with
a guaranteed minimum of $2, 500 in proceeds.
Consideration is also given to provide at-risk and economically
disadvantaged youth with the opportunity to race by offering
reduced rates and providing bikes for use to those who may not own
a BMX style bike .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Hill BMX Elgin Association has reviewed and is in agreement
with this Purchase of Service Agreement.
The Hill BMX Elgin Association PSA
March 1, 2000
Page 2
604---
FINANCIAL IMPACT
Currently, the City provides financial assistance to include staff
time and materials for lawn maintenance, trash removal, the cost of
water and electric service to the site, as well as assistance with
maintenance equipment and personnel for large maintenance projects .
During an average season, the Sports Complex staff spend
approximately 120 homes or $1, 080 in labor costs (excluding
benefits) . -., ,
, 4
LEGAL IMPACT ,4„,;.
t3/0 None.
ALTERNATIVES
The alternative would be to not enter into a service agreement with
The Hill BMX Elgin Association.
RECOMMENDATION
It is recommended that the Mayor and members of the City Council
approve the 2000 Purchase of Service Agreement with The Hill BMX
Elgin Association.
Res ectfully submit ,
//_!:,
(2 . aAJ-4----- 1
Jo e A. Parker
City Manager
Attachment