09-211 Resolution No. 09-211
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT
WITH BABE RUTH TEENER LEAGUE
FOR IMPROVEMENTS TO THE TROUT PARK BASEBALL FIELD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute a Grant Agreement with the Babe Ruth Teener League on behalf of the City of
Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 14, 2009
Adopted: October 14, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
9/15/09
GRANT AGREEMENT
THIS AGREEMENT is made and entered into this /P day of Tree/m-444009,2009, by
and between the CITY OF ELGIN, Illinois, a municipal corporation (herei after referred to as the
"City"),and the BABE RUTH TEENER LEAGUE,an Illinois not-for-profit corporation(hereinafter
referred to as the "League").
WHEREAS, the City and the League have previously entered into an agreement dated
March 4, 2009 authorizing the League to use the City's baseball playing field at Trout Park (such
agreement dated March 4, 2009 is hereinafter referred to as the "Subject Agreement" and the
baseball field at Trout Park referred to therein is hereinafter referred to as the "Field"); and
WHEREAS,the League has requested from the City a youth sports grant for the purpose of
constructing at the Field a new backstop wall,40 feet of netting,a new retaining wall and restoration
work relating to such work; and
WHEREAS, the City has agreed to grant to the League a youths sports grant for such
improvements to the Field pursuant to the terms and conditions of this Grant Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein,and other good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The City hereby agrees to provide to the League a youth sports grant in the total
amount not to exceed $65,000 to be utilized by the League for the costs of the construction at the
Field of a new back stop wall, 40 feet of netting, a new retaining wall and restoration work
associated with such improvements at the Field (such new back stop wall, 40 feet of netting, new
retaining wall and restoration work associated with such improvements are hereinafter collectively
referred to as the "Subject Improvements").
2. The League shall commence with the construction of the Subject Improvements on or
before October 1, 2009, and shall complete same no later than December 31, 2009. The Subject
Improvements shall be constructed and installed according to plans and specifications approved by
the City and in conformance with all applicable codes and other requirements of law. The League
shall also require the Subject Improvements to be constructed in a workmanlike manner.
3. Following the completion of the Subject Improvements all right,title and interest in
and to the Subject Improvements shall belong to the City. The League shall maintain the Subject
Improvements in accordance with its obligations in the Subject Agreement.
4. The budget for the Subject Improvements consists of earth work and excavation of
$4,800; asphalt and concrete removal $3,460; 50 foot poles and netting $39,900; retaining wall
$9,000;CA-6 screenings$6,000;and seed and restoration$1,760. In no event shall the youth sports
grant to be provided by the City to the League pursuant to this Agreement exceed the total amount of
$65,000.
5. The League agrees to and shall follow the procedures typically utilized by the City in
processing youth sports grants including procedures relating to the obtaining of proposals to insure
the League is obtaining competitive pricing and the submission of proper documentation and
invoices relating to the costs of the work of the Subject Improvements.
6. The City shall pay the grant funds not to exceed$65,000 to the League provided for in
this Agreement to reimburse the League for the costs to complete the construction of the Subject
Improvements following the completion of the construction of the Subject Improvements at the
Field. The League shall submit documentation to the City substantiating the completion of the work
and proper documentation and invoices relating to the costs of work of the Subject Improvements.
The League shall also complete, maintain and submit to the City any and all records, reports and
forms relating to this Agreement and the Subject Improvements as requested by the City.
7. League agrees and warrants that notwithstanding any other provision of this
Agreement that in connection with the performance of this Agreement and/or providing of the
Subject Improvements that the League 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, League hereby certifies, represents and warrants to the City that all of the League's
employees and/or agents who will be performing work and/or providing the Subject Improvements
with respect to this Agreement shall be legal residents of the United States. League 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 performance of the work to provide for the Subject Improvements to
be provided for in this Agreement. The City shall have the right to audit any records in the
possession of control of the League to determine the League's compliance with the provisions of this
section. In the event the City proceeds with such an audit, the League shall make available to the
City the League's relevant records at no cost to the City.
8. This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parties hereto. League understands and agrees
that the relationship of the League to the City arising out of this agreement shall be that of an
independent contractor. It is expressly agreed and understood that the League and the League's
officers,employees and agents are not employees of the City and are not entitled to any benefits or
insurance provided to employees of the City.
9. Except as provided in Section 17 hereof,if either party violates or breaches any term
of this agreement, such violation or breach shall be deemed to constitute a default, and the other
party has the right to seek administrative contractual or legal remedies as may be suitable to the
violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen
(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the
other party may terminate this agreement. In the event any legal action is brought by the City for the
enforcement of any of the obligations of the League in this agreement and the City is the prevailing
party in such action,the City shall also be entitled to recover from the League reasonable interest and
reasonable attorney's fees.
10. To the fullest extent permitted by law,League agrees to indemnify, defend and hold
harmless the City,its officers,employees,agents,boards and commissions from and against any and
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all claims,suits,judgments,costs, attorney's fees,damages or other relief,including but not limited
to worker's compensation claims, in any way resulting from or arising out of negligent actions or
omissions of the League in connection herewith,including negligence or omissions or agents of the
League arising out of the performance of this agreement and/or the conservation of the Subject
Improvements. 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 legal counsel of the City's choosing. The provisions of this section shall survive
any expiration, completion and/or termination of this Agreement.
11. No official, director, officer, agent or employee of the City shall be charged
personally or held contractually liable under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this Agreement.
12. In all hiring or employment made possible or resulting from this Agreement, there
shall be no discrimination against any employee or applicant for employment because of sex, age,
race, color, creed,national origin,marital status, of the presence of any sensory,mental or physical
handicap,unless based upon a bona fide occupational qualification,and this requirement shall apply
to,but not be limited to,the following:employment advertising,layoff or termination,rates of pay or
other forms of compensation and selection for training, including apprenticeship.
13. No person shall be denied or subjected to discrimination in receipt of the benefit of
any services or activities made possible by or resulting from this Agreement on the grounds of sex,
race,color,creed,national origin,age except minimum age and retirement provisions,marital status
or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be
considered a violation of a material provision of this Agreement and shall be grounds for
cancellation,termination or suspension, in whole or in part, of the Agreement by the City.
14. The parties intend and agreed that,if any paragraph, sub-paragraph,phrase,clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
15. This Agreement and its exhibits constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except by written
amendment duly executed by the parties. Each party agrees that no representations or warranties
shall be binding upon the other party unless expressed in writing herein or in a duly executed
amendment hereof.
16. This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,
Illinois.
17. Notwithstanding anything to the contrary in this agreement,with the sole exception of
the monies the City has agreed to pay the League pursuant to Section 1 hereof, no action shall be
commenced by the League, any related persons or entities, and/or any of their successors and/or
assigns, against the City for monetary damages. The provisions of this section shall survive any
expiration, completion and/or termination of this agreement.
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18. All notices,reports and documents required under this Agreement shall be in writing
and shall be mailed by First Class Mail, postage prepaid, addressed as follows:
As to the City: As to League:
City of Elgin Babe Ruth Teener League
150 Dexter Court P.O. Box 206
Elgin, IL 60120-5555 Elgin, IL 60121
Attention: Richard G. Kozal
Assistant City Manager
With a copy to:
William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
19. This agreement is and shall be deemed to construe to be a joint and collective work
product of the City and the League and, as such, this agreement shall not be construed against the
other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in
order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and
provisions contained herein.
20. This agreement shall be binding on the parties hereto and their respective successors
and permitted assigns. This agreement and the obligations herein may not be assigned by the League
without the express written consent of the City which consent may be withheld at the sole discretion
of the City.
IN WITNESS WHEREOF,the undersigned have entered into executed this agreement as of
the date and year first written above.
CITY OF ELGIN, a municipal BABE RUTH TEENER LEAGUE
corporation
By:
City Manager Its: j 4
Attest: /
City Clerk
F:\Legal Dept\Agreement\Grant Agrt-Youth Sports.doc
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TO: Mayor and Members of the City Council X cre timid Leisior and
FROM: Sean R. Stegall, City Manager ,eseed. CultriraTeOpaporrui6s for All Cu,zerts
Randy Reopelle, Parks and Rec eation Director
SUBJECT: Youth Sports Grant for Trout Park Baseball Field
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider granting a youth sports grant for improvements to the baseball field at
Trout Park.
RECOMMENDATION
It is recommended that the City Council approve the youth sports grant at a total cost of$65,000.
BACKGROUND
The Trout Park baseball field is the premiere baseball field in Elgin. It is home to the Elgin Babe
Ruth Teener League (13 and 14 year olds), many travel teams (15 — 19 years) and numerous high
profile tournaments. The most prestigious of these is the Continental Amateur Baseball
Association's (CABA) 15U International World Series, which brought 42 teams from five
different countries to Elgin for this year's event. In 2008, tournaments associated with Trout
Park were responsible for the booking of 750 hotel room nights in local hotels.
Trout Park is able to host high profile tournaments due to the quality of the baseball field. In
recent years the backstop and netting that protects the spectators and cars in the lot, has been in
need of replacement. More and more foul balls are falling on the bleachers and breaking car
windshields. During the recent CABA tournament two windshields were broken on one day.
This youth sports grant will be used to replace the existing ball field backstop with one that is
much larger and protective of the spectators in the bleachers and the cars in the parking lot. As
with all youth sports grant, the actual work will be directed by the League organization (Babe
Ruth Teener League) that operates the facility.
To be eligible for a youth sports grant the organization must have a signed lease agreement on
file with the Parks and Recreation Department, as well as the appropriate amount of insurance
rcoverage. Each league that is funded must have completed their previous year's projects before
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Memorandum
City
City of Elgin
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Date: October 21, 2009
To: Randy Reopelle, Parks and Recreation Director
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-211, Adopted at the October 14, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Grant Agreement with Babe Ruth Teener League for Improvements to the Trout
Park Baseball Field