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HomeMy WebLinkAbout03-115 Resolution No. 03-115 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE HILL BMX ELGIN ASSOCIATION FOR THE OPERATION OF THE BMX TRACK AT THE ELGIN SPORTS COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, 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 operation of the BMX Track at the Elgin Sport Complex, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2003 Adopted: April 23 , 2003 Omnibus Vote : Yeas: 6 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 this day of _, 2003, 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 I3MX's sole expense during the term of this agreement. The location of the BMX facility shall be approved in advance by 1 the Director of the City's Parks and Recreation Department. 2. BMX shall bear all operating costs, including,but not limited to those wh ch insure the facility, sanction races, obtain permanent equipment and provide awards. 3. Within thirty(30)days of the execution of this agreement and prior to BMX conducting any activity at the facility BMX shall at its cost provide to the City an insurance policy in a form acceptable to the City naming the City as a primary, non-contributory co-insured with limits of not less than $1,000,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury,death and property damage. Such insurance policy shall be written in occurrence form and shall provide that the insurance shall not be terminated or not renewed for any reason without thirty(30)days advanced written notice to the City. Such 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 by law indemnify,defend and hold harmless t he 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 L action shall be defended by counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 5. BMX shall hold a series of beginner clinics each summer(April-September)during the term of this agreement. These clinics shall be available to ABA members of all ages who are able to ride a bicycle without assistance. These clinics shall be held periodically throughout the season, April through September. 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 815 Sports Way, 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. 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 if space permits, 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 April 9, 2003, through December 31, 2008 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. 28. The City shall be recognized as a sponsor of BMX and shall receive the benefits of a sponsorship consistent with the level of support provided. At a minimum,the City's support shall be acknowledged in BMX's Annual Report, and"web"page information and any advertising promoting any event held by BMX. Samples of this acknowledgement shall be provided to the City. 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 Corporation i By: of //‘-€A-1/4- Pr ident David Dorgan City Manager Attest: Attest: Secretary Dolonna Mecum City Clerk `.<oFFcc ti ' , Elgin Agenda Item No., ° tiCit of 44TED Fig. E L t'' a G . March 21, 2003 1 2 --''"m N RECREATIONAL LEISURE ANO CULTURAL OPPORTUNITIES FOR AI I CLT17FNG TO: Mayor and Members of the City Council VIP— FROM: David M. Dorgan, City Manager /( j. SUBJECT: Service Agreement with Elgin BMX PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding a service agreement with The Hill , Elgin BMX. BACKGROUND Elgin BMX, a not-for-profit, volunteer group has been operating "The Hill" since 1989 at the Elgin Sports Complex. Staff and representatives from The Hill, Elgin BMX are seeking to continue the current agreement to operate the BMX track at the Elgin Sports Complex. The group is sanctioned by the ABA, the American Bicycle Association, and has a rider count that places it seventh among tracks east of the Mississippi River. The track is the Chicago area' s premier track and attracts riders from around the area on a weekly basis and from around the Midwest for special point races. Rider counts on any given weekend can be up to 400 riders . Annually, in September, the track conducts a benefit race for the Parks and Recreation Department Youth Scholarship Fund with an annual donation of $2 , 500 . The benefits of having Elgin BMX operate this facility at the Elgin Sports Complex is the benefit provided to Elgin youth for this type of activity, the annual donation to the Recreation Youth Scholarship Fund, and the additional visitors that the track brings Elgin. Without Elgin BMX operating this facility there is the potential that it would not be able to be offered by staff . I Service Agreement with Elgin BMX March 21, 2003 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Hill , Elgin BMX representatives py( FINANCIAL IMPACT Currently, the City provides assistance with maintenance equipment and personnel for large projects if needed and the use of water and electric to the sit t an approximate cost of $250 per year. \A/I /LEGAL IMPACT None. ALTERNATIVES 1 . Enter into a Service Agreement with The Hill, Elgin BMX for five years. 2 . Do not enter into a Service Agreement with The Hill, Elgin BMX and close the track. RECOMMENDATION It is recommended that the City Council approve Option 1 to enter into a service agreement with The Hill, Elgin BMX for five years . Respectfully submitted, David M. Dorgan City Manager MM/mm