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Council delays vote on Spilsbury bike-jump rebuild; asks staff to rewrite agreement

3380744 · February 20, 2025
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Summary

Council continued the proposed build agreement with Census Rad Trails for two weeks so the city attorney can clarify indemnification language and the contract can reflect the actual grant and partner funding amounts.

Hurricane City Council continued consideration of a proposed agreement with Census Rad Trails to rebuild the mountain-bike jump park at the Spilsbury Sports Complex, directing staff and the city attorney to revise contract language before the item returns to the council.

What happened: The council heard that organizer Tyler McCall and Census Rad Trails had secured $20,000 from the Bronco Wild Foundation (Ford) and that the city had allocated $25,000 toward a roughly $45,000 project. Staff also reported an anticipated $15,000 contribution from the county, which would raise the total available funds to about $60,000. City staff and the city attorney said the draft agreement attached to the packet did not match the funding situation and contained broad indemnification language that requires clarification.

Why it matters: The contractor needs a clear, updated agreement to order certain manufactured components. Staff said some line items in the contractor invoice exceed the previously attached $45,000 figure and that volunteers and donated funds are part of the financial package. The city attorney recommended tightening the indemnity scope so the city does not assume responsibility for negligence by the designer/installer.

Council direction: The council unanimously approved a motion to continue the item for two weeks and directed the city attorney to prepare revised indemnification language and to align the agreement with the actual funding sources and amounts so the build can proceed if the revised agreement is approved.

Next steps: Staff and the city attorney will return the revised agreement at the council’s March 6 meeting. The contractor indicated timing is sensitive because some materials require ordering and fabrication lead times.

Speakers and roles recorded in the discussion included Tyler McCall (project organizer), Arthur (city staff), Dayton (city attorney), and Cody Wilkins (Census Rad Trails).