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HomeMy WebLinkAboutReso. 1989-324 - Approving the agreement between the city of redding and the C.OR vette set for a street autocross i � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE C.O.R. VETTE SET FOR A STREET AUTOCROSS TO BE HELD OCTOBER 1 , 1989 , AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as • follows: 1 . That the City Council of the City of Redding hereby approves the attached Agreement between the City of Redding and the C.O.R. VETTE SET for a street autocross to be held October 1 , 1989 ; and 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid Agreement, when appropriate. 3 . That a true copy of said Agreement is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 19th day of September , 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Fulton, Johannessen, &. Carter NOES: COUNCIL MEMBERS : Buffum, Dahl ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None 7/7,775t - SCOTT CARTER, Mayor City of Redding ATTEST: FORM APPROVED: 54,1 a .7�. ;:// ETHEL A. NrCHOLS , City Clerk r , NDALL1. HA S , ity Attorney I i • AGREEMENT • STREET AUTOCROSS i ; THIS AGREEMENT, made and entered into by and between the CITY OF REDDING, a Municipal Corporation, hereinafter referred to as "City, " and C.O.R. VETTE SET, hereinafter referred to as "Corvette. " WITNESSETH: That in consideration of the terms and conditions herein contained, the parties hereto covenant and agree as follows: 1 . The City will make available to Corvette the use of Park Marina Drive from Park Marina Circle south to the Cypress Bridge Overpass inclusive of the intersection of Park Marina II Drive and Locust Street for a street autocross to be sponsored and conducted by Corvette on October 1 , 1989 , from 6 : 00 a.m. to 6 : 00 p.m. (Said street autocross and all events and activities related thereto will hereinafter be collectively referred to as "Autocross" . ) All Autocross related events and activities shall be in accordance with the terms and conditions described or depicted in this Agreement, any Autocross rules and regulations proposed by Corvette subsequent to the execution of this Agreement and approved by the City (hereinafter referred to as "Subsequent Rules" ) , and all applicable Federal, State, and City li laws and regulations. I 411 2 . The streets used for the Autocross shall be as more particularly described and depicted in Exhibit "A" (attached hereto and by this reference incorporated herein) . At such time as City deems appropriate it shall: close those streets listed, and do so in the manner described in Exhibit "B" (attached hereto and by this reference incorporated herein) ; set up those detours depicted in Exhibit "C" (attached hereto and by this reference incorporated herein) ; and provide personnel, barricades , signs , ;I traffic cones etc. to secure said street closures and detours, as i. more particularly listed on Exhibit "D" (attached hereto and by II this reference incorporated herein) . At such time as City deems appropriate it shall: remove said barricades, signs, traffic Ij cones, etc. ; provide necessary street-sweeper services; reopen II said streets; and otherwise take what steps are appropriate to allow normal flow of traffic to resume in and around the Autocross area. City shall pay for the work described in this paragraph (hereinafter referred to as "Work") . However, Corvette forces shall be available to City to materially assist City perform the Work; but said forces shall only perform such Work as the City deems appropriate for it to do. 3 . City shall at its expense provide during such times as it deems appropriate a fire unit on stand-by at the Autocross � ! course. i 4 . Corvette shall at its expense provide at such places and times during the Autocross as the City deems appropriate a life support unit, tow truck, and fork lift. 5 . By September 15 , 1989 , Corvette shall submit to City -2- _ ' I 411 41 for its approval a scale drawing of the proposed Autocross course ;I - on letter or legal size paper. Said course drawing shall include as a minimum the street width, location of the proposed Autocross course on the street, spectator viewing areas, and location of all solid objects (e.g. , trees, buildings, fire hydrants, curbs, etc. ) within seventy-five (75) feet of the outside edges of the 1 Autocross course. 6 . By September 20, 1989 , a map of the Autocross course showing all markers, the proper course, approved optional courses, solid objects, and potential problem areas will be approved by the City and shall be available to Corvette. Corvette shall post said approved map prior to the start of the Autocross. 7 . By September 25, 1989 , Corvette shall submit to City letters of support for the Autocross executed by all persons doing business on the day of the Autocross competition and whose Place of business will in the City' s judgement be significantly affected by the Autocross course. 8 . By September 25 , 1989 , Corvette shall provide to City: I i a complete and final description of all Autocross events including but not limited to the name, location, dates, nature, and classification of the Autocross, as well as schedules and locations of all Autocross activities, inspections, meetings, and competitions; the name and address of the person to whom Autocross participation entries are to be sent, and opening and closing dates for the receipt of Autocross entries; and the names and addresses of those individuals who shall serve as Autocross -3- i II r it 110 'Event Chairman, " "Liaison Officer, " "Chief Technical Inspector, " � I 'Chief of Course, " and "Event Official. " 9 . It is understood and agreed that: the Event Chairman shall be the Chief Executive Officer for the Autocross, responsible for (among other things) designing, laying out and pre-running the Autocross course; and enforcing compliance to the I'' terms and conditions of this Agreement and any Subsequent Rules. The Liaison Officer shall be the officer designated by Corvette to receive all City queries, concerns , etc. regarding Corvette' s compliance with the terms and conditions of this Agreement and Subsequent Rules, and shall ensure that Corvette so complies and acts in a concerted fashion with City during the Autocross . The II Chief Technical Inspector shall (among other things) ascertain that vehicles competing in the Autocross (hereinafter referred to as "Vehicles") comply with the terms and conditions of this Agreement and any Subsequent Rules. The Chief of Course is responsible (among other things) for observation of Vehicles, lining Vehicles up for entry onto the Autocross course, providing starting signals, directing Vehicles off the Autocross course at the conclusion of an Autocross run, providing necessary crowd control, and insuring the Autocross course complies with the terms and conditions of this Agreement and any Subsequent Rules. In addition to the above officials, Corvette shall also appoint Event Officials to help supervise the running of the Autocross. It is understood and agreed by the parties to this Agreement that the same person may hold more than one but no more than two of the official positions herein designated. During the Autocross -4- 1 i i the Event Chairman, Liaison Officer, Chief Technical Inspector, Chief of Course, and all Event Officials shall be dressed in a manner that shall distinguish them from all other persons and shall wear name tags on their outer garment thereby making such persons readily identifiable by other persons attending the Autocross. Corvette shall require all persons working at the Autocross and not employed by the City to sign "Autocross Waivers. " Said waivers or copies of said waivers shall be available during the Autocross at or near to the Autocross course it for review and verification by the City Police Department. All persons required to have completed said waiver who have failed to complete said waiver shall be restricted to the spectator areas of the Autocross. 10 . Corvette shall issue such news releases, promotional flyers, advertisements, news articles etc. as are necessary to provide timely public notice of: the street closures and detours set out in paragraph 2 of this Agreement, and any other Autocross information which City and Corvette want the public to know. All said news releases, promotional flyers, advertisements, news articles etc. shall be reviewed by the City' s Police Department for its approval before same are distributed, posted, published, I or otherwise issued to the public. If any of said public notice materials are distributed, etc. , before this Agreement is -,,executed, then said materials shall be reviewed by the City' s ii Police Department as soon as possible, but in no event later than the execution date of this Agreement. Public notice materials distributed, etc. , before the execution date of this Agreement -5- II i H! will not be distributed etc. subsequent to the execution date of this Agreement until the City' s Police Department has approved such materials. Said City Police Department' s review and approval power is limited and may be exercised only to ensure that said public notice materials do not misstate or mislead the public regarding the terms and conditions of this Agreement and any Subsequent Rules. ii 11 . The City and Corvette agree to attend an Autocross briefing to take place on the day of the Autocross competition prior to commencement of said competition. 12 . A copy of this Agreement shall be made available by li Corvette to all Participants before commencement of the Autocross competition. 13. Corvette shall provide adequate personnel to supervise all Street Autocross related events and activities (including but not limited to providing adequate patroling of those portions of the east and south sides of the Autocross course which are non-spectator areas) , to insure Corvette ' s compliance with all the terms and conditions of this Agreement. 14 . Corvette shall assume the defense of, indemnify, and save harmless the City, its Council, officers, boards, commissions, employees, and agents from all suits, actions, damages or claims to which the City may be subjected of any kind or nature whatsoever resulting from or arising out of the performance or failure to perform of Corvette hereunder, or otherwise resulting from or arising out of the Autocross . It is further understood and agreed that Corvette shall be responsible -6- II 411 110 for and shall reimburse City for the costs of any damages to City-owned property arising out of the Autocross. 15 . Corvette shall at its expense obtain and keep in full ij force and effect a comprehensive general liability insurance policy for both bodily injury (including death) and property damage covering the Autocross with minimum coverages in the amounts of $1 ,000,000 . 00 per person and $1 ,000,000.00 per I ' occurrence. Said policy shall name the City, its officers, agents, and employees as additional insureds, and shall provide for thirty (30) days written notice of policy cancellation to City. Corvette shall by September 21 , 1989, provide to the City' s Risk Manager an insurance certificate evidencing all insurance coverage required of Corvette under this Agreement. 16 . Corvette understands and agrees that the sale of alcoholic beverages shall be prohibited at the Autocross. During the Autocross no drivers or passengers of vehicles participating in the Autocross (hereinafter collectively referred to as "Participants") , support crew members working in the Autocross pit areas, Autocross officials, or workers shall use any � I alcoholic beverages or use any drugs which impair to an I i appreciable degree a person' s ability to perform in the Autocross in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would perform under like conditions. Any person in violation of this I j '. paragraph shall be disqualified from further Autocross participation. 17 . Corvette understands and agrees to pay a One Hundred -7- Dollar ($100 .00) administration fee if Corvette cancels the vehicle competition portion of the Autocross within thirty (30) days prior to the date set forth in paragraph 1 of this li Agreement. 18 . The City and Corvette agree that Participants shall as , I a minimum be subject to the following rules and requirements: A. Participants under the age of eighteen (18) years (hereinafter referred to as "Minors") shall complete a "Minor Release and Waiver of Liability and Indemnity Agreement, " which release shall be signed by both parents or legal guardians. Either the original or a copy of said release shall be available during the Autocross at or near to the Autocross course for review and verification by the City Police Department. Minors who attend the Autocross without a properly completed release shall be restricted to the spectator areas of the Autocross. B. All Participants shall have: a valid driver' s license in their possession; participated as a driver or passenger in at least four events similar in type to a parking lot "Sports Car Club of America Solo II Event" within the last two years; and signed an Autocross Waiver. C. While on the Autocross course all Participants shall wear: helmets complying with either Snell Foundation approval, federal specifications Z-90 . 1 , or D.O.T. ; shoes covering the entire foot; and seat belts in compliance with this Agreement. Corvette shall make loaner helmets available to Participants not having their own. A face ,l shield, goggles, or similar face protection (conventional eyeglasses are not sufficient) shall be worn by Participants while competing in any Vehicle with less than a stock size windshield. D. Passengers are allowed in the Vehicles II while Vehicles are on the Autocross course provided said passengers are eligible to be Autocross Participants. E. Any Participant considered by the Event Chairman to be driving unsafely at or near the Autocross area, or displaying unsportsman-like conduct, shall be disqualified from further Autocross participation. 19. Corvette agrees and understands that the Autocross is a ii non-speed driving-skill contest, that the Autocross course will emphasize car handling and agility and will not emphasize high -8- ,i ! I . speed, power-to-weight ratio, extreme maneuverability, memory, or visual acuity. In no event shall the hazards associated with the li Autocross to spectators, Participants, and property exceed those encountered in normal, legal highway driving. Automotive speeds during the Autocross will be limited to what is reasonable and prudent for the conditions encountered. The parties to this Agreement agree the size of the Vehicles shall be taken into I consideration when laying out the Autocross course, and the course dimensions specified in the following rules are only minimums: A. The Autocross course must be tight enough so that Vehicles run the entire course in their lower gears . Speeds on straights and stretches shall not exceed 70 miles per hour for the fastest cars. The fastest portions of the Autocross course shall be those most remote from spectators ' and property. Turns should not normally allow speeds in excess of 45 miles per hour. The course as laid out shall contain no holes, loose gravel, gradings , oily spots, or other dangerous features. Dips that could get a Vehicle airborne shall not be included. B. The Autocross course boundary shall not normally pass closer than 25 feet from solid objects. C. Negative camber turns will be avoided. D. A long straight (over 150 feet) should not terminate in an extremely sharp turn (e.g. , a short radius , I U-turn) . E. The inner and outer limits of turns and corners shall be marked by course markers, displacements of which result in time penalties. The Autocross course corner limits shall not be marked by curbs, buildings, poles, trees, soft shoulders, or other hazards likely to cause II damage to a Vehicle or likely to cause a Vehicle to overturn. Hay bales will be placed in such quantities and in such a manner at all turns on the Autocross course so as to safeguard the safety of all persons and property. ii F. Extreme care shall be taken in location of the starting-finish area, the staging area, and the timing. The timers and staging area must be placed well clear of the Autocross course and in a safe area. The last turn of the -9- II I Il I 111 110 Autocross course should be as straight as possible and the finishing straight shall be tightly defined. G. Entrance and exit lanes shall enter the Autocross course at separate points , and shall be clear for use by Vehicles at all times. Corvette shall take particular care that the Autocross finish area is kept free from hazards and spectators. A Corvette official shall be assigned to control the Autocross finish area. A complete stop is not required by the Vehicle at the Autocross finish if sufficient area is available to safely halt the Vehicle jl without locking brakes or wild maneuvering (from the highest possible speed attainable at the finish) . No Autocross start or finish shall be used wherein the Autocross Participants are not seated in the Vehicle with seat belts buckled. H. Long straights shall not terminate at a point where spectators or obstacles are directly in front at a distance closer than that required to bring a Vehicle to a halt even with brake problems, a stuck throttle, etc. I . Autocross spectators shall be kept within the spectator area depicted in Exhibit "A" during the Autocross. Said spectator area shall be designed and located so that Autocross spectators are at a safe distance from the Autocross course, particularly at the start and finish lines. In no event shall spectators stand between the Autocross course and any building, wall, or fence which is within seventy-five (75) feet of the edge of said course. J. All Autocross course corners shall be negotiable without reversing by any Vehicle. K. The Autocross course shall be at least 30 feet wide and be paved with asphalt or concrete. The Autocross course shall be designed so that cars leaving any gate or turn will generally be headed in the direction of the next gate or turn. L. Autocross spectators shall be separated from the Autocross pit areas by means of ropes and barricades. All non-spectator areas will be so posted. M. Unless stricter standards specifically set out elsewhere in this Agreement apply, shall g pp y, ro e p be strung along all points seventy-five (75) feet from the outside perimeter of the Autocross course (thereby creating a seventy-five (75) foot buffer zone from the outside perimeter of the Autocross course) ; and short barricades shall be placed at twenty-five (25) foot intervals along said rope with signs posted on said barricades stating said buffer zone is prohibited to Autocross spectators. -10- 111 N. K-rails will be placed in the spectator area and at the west curb of the north turn and the south curb of the west turn of the Autocross course as more particularly depicted on Exhibit "A" . 0. All portions of the Autocross course shall be visible to at least one Corvette official who can communicate through signals or by electronic means with the Autocross starting line. Under no circumstance will more than one (1) Vehicle be on the Autocross course at one time during the Autocross competition. ii 20. Any Vehicle judged by the Event Chairman to be in an unsafe operating condition at any time during the Autocross shall be barred from further competition until the deficiency is corrected to the satisfaction of the Event Chairman. All Vehicles must pass safety inspections on the following points prior to competing: A. Seat lap belts are required in all Vehicles; and shoulder belts or harnesses shall be installed in all Vehicles with fixed tops or roll bars. Two strap harnesses it shall not be worn in open Vehicles without roll bars. B. It is strongly recommended that Vehicles have roll bars. If roll bars are installed in a Vehicle, such roll bars shall meet the specifications found in Appendix C of the Sports Car Club of America Solo II Rules. C. All Vehicles shall be subject to the safety inspections set out in the Sports Car Club of America Solo II Rules. Vehicles with single U-joint, swing axle rear suspension shall be decambered to negative camber or fitted with a camber compensator. D. All loose items inside and outside a Vehicle must i be removed. Passenger seat' s back and squab shall be secured. E. Snap-on hubcaps, detachable fender skirts, and trim rings must be removed from all Vehicles. F. Wheels must be safely affixed to all Vehicles, and , I said wheels shall not be reversed so that the lughole taper does not mate with the chamfer of the lugs. All Vehicle studs and lug nuts must be present and functional. G. Vehicle tires must be in good condition with no cord or belts showing or cracks in the tread or sidewall. -11- i I ! I { H. Minimum tire pressure must be at least 25 pounds in Vehicles under 3 , 000 pounds and 35 pounds in Vehicles over 3 , 000 pounds, or the tire manufacturer' s recommended pressure. 'I I . Seat belts must be properly installed in the Vehicle with attaching hardware secure and tight. J. Throttle return action shall be safe and positive in all Vehicles. K. No excessive fuel, oil, water, or brake fluid leaks shall be observed when a Vehicle engine is running. Additionally, all prepared and modified Vehicles must be equipped with engine oil and engine coolant vent tanks where applicable. L. Steering "spinner" nobs shall not be permitted on Vehicles. M. No broken or missing spokes nor more than one loose spoke per wheel shall be permitted in wire wheels on any Vehicles. No cracks shall be permitted in disk or cast wheels. All Vehicle brakes must have an adequate pedal, sufficient fluid in the master cylinder, no apparent hydraulic leaks under pressure , and must operate on all wheels. N. All swing axle Vehicles must have a camber compensator, negative camber on the rear wheels, or have axle-limiting straps. Stock pre-1967 Volkswagon straps are not sufficient. 0. All Vehicle wheel bearings, shocks, steering, and suspension shall be in good operating condition. P. Tonneau covers shall be removed and sun roofs closed or removed from all Vehicles. Removable tops and panels may be left on Vehicles in inclement weather. Vehicle folding tops may be left up in inclement weather. Q. Vehicle exhaust must exit behind the driver or to the side of the Vehicle. R. On-board starters shall be provided for all Vehicles. 1 I S. All Vehicle batteries (on-board power supplies) shall be attached securely to the Vehicle frame or chasis structure in such a way to insure that the battery will remain in place. Any Vehicle batteries removed from the manufacturers original location must be in a non-conductive, -12- I I • • n i II marine-type container or equivalent completely enclosing the battery with container top securely attached. A Vehicle battery must be directly secured. A Vehicle battery secured only by the container does not meet this requirement. T. Adequate Vehicle mufflers are required for the Autocross . The criteria of "adequacy" is not what the exhaust system consists of, but the sound level. Any Vehicle competing in the Autocross deemed by the Event Chairman or his designated representative to be excessively loud shall not so compete without acceptable modifications . U. All Vehicles will use service station pump fuel ( I only. 1 ;Li 21 . It is understood and agreed that the City may at any time make a video tape of the area in and around the Autocross course and/or send such tape to the Sports Car Club of America, Inc. for their possible review and comment. 22. Any and all rights or powers granted or reserved to the City by the terms and conditions of this Agreement shall be exercised by the City Manager or a City employee or agent designated by the City Manager to do so. The terms and conditions of this Agreement may not explicitly address all of the problems associated with the Autocross. The City, therefore, reserves in addition to its right to approve Subsequent Rules: the right to require Corvette to implement such additional Autocross safeguards as the City may from time to time deem appropriate for the safety of persons and property; and the right to immediately halt and/or cancel any Autocross activity which IIthe City determines atits sole discretion to be more hazardous to persons and property than the hazards associated with normal, legal highway driving. -13- r - , • • r ' I 23 . Corvette shall not assign or transfer its rights under this Agreement without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this ' Agreement this day of , 1989 . II C.O.R. VETTE SET By: Title: By: Title: is CITY OF REDDING By: SCOTT CARTER Title: Mayor r , ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. 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