HomeMy WebLinkAbout09-0501 Race Time of- oso1
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TIMING AGREEMENT
THIS AGREEMENT is hereby made and entered into this 1s+ day of
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, 2009, by and between the City of Elgin, Illinois, a municipal corporation
(hereinaftl referred to as "City") and Race Time, Inc., an Illinois corporation (hereinafter
referred to as"Race Time").
WHEREAS, City is involved in the coordination and administration of a race commonly
known as "Fox Trot" (hereinafter referred to as "Race"); and
WHEREAS, Race Time provides timing and finish line management services for races;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. City shall pay to Race Time in consideration for Race Time's performance of
services pursuant to this agreement, the sum of$3.50 per registered Race participant within thirty
(30) days of City's receipt of Race Time's invoice.
2. Race Time shall provide the following equipment for City's use at the Race on
May 25, 2009:
(a) Digital or LED clock at finish line;
(b) Double start and finish receiving mats for CHIP data;
(c) Mile marker signs;
(d) Megaphone and starter guns/air horn;
(e) PA system on site;
(f) Stop watches for split times; and
(g) Computing equipment and personnel to provide race time results.
3. Race Time shall provide the City the following services pursuant to the Race:
(a) Input racers' entry into computer; printout labels applied to bib numbers;
and provide extra set of labels, if needed.
(b) Assign and coordinate distribution of bib numbers/chips for each
participant. Chips will be available on Race day for pick up. Will train
volunteers on chip placement.
(c) Provide a preregistered alphabetical list for registration staff.
(d) Instruct volunteers on registration procedures.
(e) Complete start and finish line set-up (signs, etc.).
(0 Provide displays showing race results for award ceremony showing age
groups, finish times and pace.
(g) Post results at chicagoaa.com, cararuns.org and racetime.info. Post to
other web sites as instructed by City.
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(h) After Race, send via email the following: (1) HTML file of overall
results/results by age group; and (2) complete data base (property of City;
provided, however, that Race Time shall retain full rights to future use of
the database and mailing list, which shall not be sold or used for
solicitation of any kind.)
4. City shall provide the following to Race Time:
(a) Pre-Race Day Registration Forms delivered to Race Time's office at a
date to be determined between Race Time and City.
(b) Bib Numbers in sequence to be coordinated with chip numbers.
(c) Race Day Registration Forms for computer input.
(d) A copy of the schedule and projected start time of the event and
registration form.
(e) An estimated 10-15 volunteers on Race day to help at finish area with chip
retrieval.
(f) One meeting (approximately 1-2 weeks prior to Race day) with Race Time
representatives at the Race site to determine logistical parameters.
(g) An interior dry space with electricity/table and chairs to set up results
computer and printers, near finish line, but away from Racer's direct
contract, if possible.
5. City shall be entitled to one copy of a printout or report containing statistical data
pursuant to Race upon full payment.
6. Race Time warrants that its work will be performed according to industry
standards and in a professional and workmanlike manner.
7. Each signator hereto hereby warrants and represents that they are authorized to act
on behalf of their respective parties hereto.
8. Race Time may not assign this agreement without the written permission of City.
9. The terms of this agreement shall be severable. In the event that any of the terms
or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,
the remainder of this agreement shall remain in full force and effect.
10. This agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of
or in connection with the provisions or performance of this agreement shall be in the Circuit
Court of Kane County, Illinois.
11. This agreement shall not be construed so as to create a joint venture, employment,
partnership or other agency relationship between the parties hereto.
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12. Notwithstanding any other provision of this agreement, it is expressly agreed and
understood that in connection with the performance of this agreement that Race Time shall
comply with all applicable Federal, State, City and other requirements of law, including, but not
limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace
safety and legal status of employees. Without limiting the foregoing, Race Time hereby
certifies, represents and warrants to the City that all Race Time employees and/or agents who
will be providing products and/or services with respect to this agreement shall be legal residents
of the United States. Race Time shall also at its expense secure all permits and licenses, pay all
charges and fees and give all notices necessary and incident to the due and lawful prosecution of
the work, and/or the products and/or services to be provided for in this agreement. The City
shall have the right to audit any records in the possession or control of the Race Time to
determine Race Time' compliance with the provisions of this section. In the event the City
proceeds with such an audit Race Time shall make available to the City the Race Time relevant
records at no cost to the City.
13. The date of the Race is Monday, May 25, 2009. Race Time shall provide all
services and equipment at a reasonable time pursuant to the date and time of Race.
14. Time is of the essence of this agreement.
15. In the event of breach or alleged breach of this agreement by City, or of any
negligent acts or alleged negligent acts by City, its employees, agents or volunteers, City shall
not be liable to Race Time for any damages in excess of the amounts specifically provided for
hereto. City shall not be liable to Race Time for any other damages of whatsoever type,
including, but not limited to, incident, liquidated, or special damages, or attorneys; fees.
16. This agreement has been drafted by negotiation by each of the parties hereto. In
the event of any ambiguity, this agreement shall be construed as having been drafted by both
parties hereto equally.
CITY OF ELGIN RACE , IN
By By
City a ag r Its •(_..„
Attest:
City Clerk
F:\Legal Dept\Agreement\Race Time-Timing Agreement for Fox Trot 2009.doc
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