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HomeMy WebLinkAboutOrdinance 5006 ORDINANCE NO, 5006 AN ORDINANCE TO WAIVE VARIOUS PROVISIONS OF § 97.070 RECREATIONAL ACTIVITIES AT LAKES FAYETTEVILLE, SEQUOYAH AND WILSON TO ALLOW THE SOLAR SPLASH INTERNATIONAL BOATING COMPETITION TO BE HELD ON LAKE FAYETTEVILLE IN JUNE 2007 AND EACH JUNE THROUGH 2011 ; AND APPROVING THE AGREEMENT WITH SOLAR SPLASH INTERNATIONAL. WHEREAS, the City of Fayetteville Parks & Recreation Division has negotiated an Agreement to host the Solar Splash Boating Competition on Lake Fayetteville in June of 20075 and each June through 2011 , and that Agreement requires a waiver be passed by the City Council to allow the event to be held; and WHEREAS, the Fayetteville Parks & Recreation Staff recommends that Fayetteville host this international collegiate solar powered boating contest and waive the normal no "boat racing" and no large wake rules for City lakes in order to conduct this event. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby agrees to host the Solar Splash International Collegiate Boating Competition on Lake Fayetteville in June of 2007, and each June through 2011 , and hereby waives provisions of § 97.070 concerning permits, wake limits, boat racing and any other provisions necessary to host this event on Lake Fayetteville in June, 2007 and each June through 2011 . Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the Agreement with Solar Splash International to host the Solar Splash International Collegiate Boating Competition on Lake Fayetteville in June of 2007, and each June through 2011 . A copy of the Agreement, marked Exhibit "A," is attached hereto and made a part hereof. �RKITR PASSED and APPROVED this 17'h day of April, 2007. APPROVED: ATTEST: _ ; FAYETTEVILLE L 9� •9;PkANSPI t /1� y/ " GT0 ��o��`• By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer Solar Splash International Agreement with City of Fayetteville / Fayetteville Parks and Recreation Division This agreement, made and entered into on the$Aday of 2007, by Solar Splash International, hereinafter called Solar Splash, and the City of Fayetteville, Arkansas: Solar Splash, for and in consideration as hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1 . Solar Splash will host its International Solar Boat Racing Championships at Lake Fayetteville for each of the next five years, through 2011 . The date will be determined annually on a mutually agreed upon date by Solar Splash and the Mayor, or his/her designee. 2. The City of Fayetteville will prepare the facilities for the event and will provide routine daily maintenance during the event. If additional maintenance is required, it will be provided by Solar Splash. 3 . Solar Splash will pay an annual facility rental expenses of $1, 600. 00 to the City of Fayetteville for use of the Lake Fayetteville Marina and exclusive use of the lake. This fee will be evaluated annually by Solar Splash and the Mayor, or his/her designee. 4. Solar Splash will allow Lake Fayetteville Boat Slip renters the opportunity to pick up / return their boat at their rented slip. These times will occur from sunrise — 8:00am and 7:OOpm — sunset. 5 . Solar Splash is responsible for the programming and promotion of the event. 6. The City of Fayetteville will close the lake for fishing and boating to the general public to allow for the event. The facility will close for five (5) consecutive days, normally occurring Wednesday — Sunday. If a change is needed to the set days of the week of operation, it must be approved by the Mayor, or his/her designee. 7. The City of Fayetteville will suspend enforcement of that portion of § 97.070 of the Code of Ordinances regarding boats not creating a wake in Lake Fayetteville during the course of this event. 8. The City of Fayetteville will not be responsible for any boats, motors or any equipment left on the site by the participating teams or the event sponsors. Solar Splash is must provide security officers overnight, if necessary. 9. Solar Splash organizers will be allowed to begin preparing the site for the event two (2) days prior to the beginning of the event. However, any prior set up must not interfere with normal lake operations and must be coordinated with Parks and Recreation Staff. 10. Solar Splash is permitted to sell memorabilia promoting the Solar Splash event. 11 . Solar Splash is permitted to set up a public address system, provided it operates in compliance with Fayetteville's sound ordinance. 12. This agreement is renewable in five, one year increments continuing through 2011 . It may be terminated, in writing, by either Solar Splash or The City, provided the termination occurs six (6) months prior to the next scheduled event. 13. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by either party under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. 14. This agreement constitutes the entire understanding of the parties, and no modification or variation of the terns of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and Solar Splash. 15 . Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 16. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. IN WITNESS WHEREOF, the City and Solar Splash have executed this Agreement on or as of the date first written above. City Of Fayetteville, Arkansas Solar Splash International DAN COODY, Mayor ALAN MANTOOTH, Director ATTEST: U -SONDRA E. SMITH, City Clerk/Treasurer Witness E ; FAYETTEVILLE • 3 �:�kANSP�J? '' NGTON �..�` • City of Fayetteville • L111' 7 Staff Review Form 7560b City Council Agenda Items �O r `_ 14 Contracts X =5P 17-Apr-07 City Council Meeting Date Connie Edmonston Parks and Recreation Operations Submitted By Division Department Action Required: Approve an agreement with Solar Splash International and waive various provisions of the Ordinance 97.070 - Recreational Activities at Lakes, Fayetteville, Sequoyah and Wilson - to allow the Solar Splash International boating competitions to be held on Lake Fayetteville in June 2007 - June 2011 . n/a n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # D part(ne t Dir6ctor Date Original Contract Date: Original Contract Number: L) Ak3 QC31 City Attorney Received in Cit IM 09ce `kj Q _ 4 - 3 -67 Finance and Internal Service Director Date Received in M Office ED Mayr Date Comments: Solar Splash p. I of 2 City Council Meeting of April 17, 2007 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreation From: David Wright, Recreation Superintendent Date: March 17, 2007 Subject: An exemption of City Ordinances relating to Recreational Activities at Lake Fayetteville to host Solar Splash Boating Competition in June of 2007. RECOMMENDATION Parks and Recreation recommends City Council approve an agreement and an exemption of the Lake Fayetteville Ordinance allowing Solar Splash International Boating Competition to take place at Lake Fayetteville each year, through 2011 . This waiver would be for a four day span, occuring in June of each year. The exact dates will be approved annually by the Parks and Recreation Director. The agreement allows the City of Fayetteville and Solar Splash the opportunity to terminate the agreement six (6) months of the scheduled competition. BACKGROUND The Solar Splash competition is the World Championship of solar/electric boating. It is an international collegiate boating competition between electrical and mechanical engineering students working as teams to overcome design challenges and create a successful solar/electric boat. Universities from all over the country design and build boats that are charged using solar energy during the competition. The competition consists of seven scoring categories, including four events on the water. Categories include technical report, visual presentation, workmanship, qualifying event, solar slalom event, sprint event, and endurance event. The sprint is a 300 meter race that will run parallel to Lake Fayetteville dam. The endurance element will consist of a rectangular course that will be in the western part of the lake. 0 0 The event traditionally attracts approximately thirty (30) teams to the community. In 2006, teams from Canada, Mexico, Costa Rica and the United States were represented. Schools including the University of Miami, the United States Naval Academy and Notre Dame participated. Due to the success of the event, Solar Splash, the University of Arkansas and Fayetteville Advertising and Promotions has requested this event be hosted in Fayetteville for the next five years, through 2011 . The Lake Fayetteville dam offers an exceptional site for the public to view the event. Event organizers are looking into the possibility of hosting a 5K run and other promotional events, in collaboration with the main competition. DISCUSSION The Solar Splash event will take place June 14 — 17, 2007. This is a date that is compatible to other Parks and Recreation Programs and Events at Lake Fayetteville. Although softball will be played during that week, games for the evening will not begin until 6:30 pm. This will be close to the time the competitors begin closing down for the day. There will be some overlap; however, it will be minimal. This event will require the operations of Lake Fayetteville to be closed for fishing or boating from Thursday through Sunday. Competitors will begin setting up for the event on Wednesday, which will not interfere with the normal boat dock operations. The competition will begin on the lake on Thursday. Event organizers suggested a couple of time frames daily would be given where boat stall occupants could access their boats. Event organizers are responsible for carrying their own liability insurance. The City will not be held responsible for their event. Prior to the beginning of the competition, Solar Splash is required to provide the City of Fayetteville a proof of insurance. BUDGETIMPACT This event will not have an impact on the expenses of the City's Operational Budget. Solar Splash will pay a facility event fee in 2007 of $ 1 ,600 for use of the facility. This fee, which will be evaluated annually, was determined by the amount of fishing and boating permits sold during this time frame on a normal operating business day(s). Advertising and Promotions estimates the local economic impact of this event is $207,600. Attachments: Solar Splash Agreement with City of Fayetteville Solar Splash Promotional Materials ORDINANCE NO. AN ORDINANCE TO WAIVE VARIOUS PROVISIONS OF § 97.070 RECREATIONAL ACTIVITIES AT LAKES FAYETTEVILLE, SEQUOYAH AND WILSON TO ALLOW THE SOLAR SPLASH INTERNATIONAL BOATING COMPETITION TO BE HELD ON LAKE FAYETTEVILLE IN JUNE 2007 AND EACH JUNE THROUGH 2011 ; AND APPROVING THE AGREEMENT WITH SOLAR SPLASH INTERNATIONAL. WHEREAS, the City of Fayetteville Parks & Recreation Division has negotiated an Agreement to host the Solar Splash Boating Competition on Lake Fayetteville in June of 2007, and each June through 2011 , and that Agreement requires a waiver be passed by the City Council to allow the event to be held; and WHEREAS, the Fayetteville Parks & Recreation Staff recommends that Fayetteville"hjeache tional collegiate solar powered boating contest and waive the normal no "boat racing" and.no' lad, rg� for City lakes in order to conduct this event. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY OUNCIL OFTY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City o Fay, tteville, Arkans lifErr�e y agrehe Solar Splash Intemational Collegiate BoatingCompetition on i�a e F . etteville iii J ne of 2 07, anthrough 2011 , and hereby waives provision�o�§ 9 .070 conte in� p rmits, wake limits, boat rany other provisions necessary to host this ev t on Lak Fayettevill in J e, 007 and ea h June through Se ction2`Ttiatc�the Ci y oun it o the City o�F eville, rkansaL er y approves the Agreement with Solar Spla's Ih er`nation8l to I ho t.th Solar Spl�ss Intemational . 6He _late Boating Competition on Lake Faye [evil] in June of, 20 7, �d each June through 01l . spy of the Agreement, marked Exhibit "A," is attached hi reto and made a art heof. P SSED and �AP RO VED this 17�ay of April, 2007. APPROV D: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 0 0 Solar Splash International Agreement with City of Fayetteville / Fayetteville Parks and Recreation Division This agreement, made and entered into on the — day of 2007, by Solar Splash International, hereinafter called Solar Splash, and the City of Fayetteville, Arkansas: Solar Splash, for and in consideration as hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1 . Solar Splash will host its International Solar Boat Racing Championships at Lake Fayetteville for each of the next five years, through 2011 . The date will be determined annually on a mutually agreed upon date by Solar Splash and the Mayor, or his/her designee. 2. The City of Fayetteville will prepare the facilities for the event and will provide routine daily maintenance during the event. If additional maintenance is required, it will be provided by Solar Splash. 3 . Solar Splash will pay an annual facility rental expensesof to he City of Fayetteville for use of the Lake Fayetteville Maina� e c sive u of the lake. This fee will be evaluated annually by Solar lash and the yor, or his/her designee. 4. Solar Splash will allow Lake Fayettevi a oat Slip r n e opportuniG to pick up / return their boat a -t eir rented i hese time ill occur from se - 8 :00am and 7 :0 p - sun t. 5. So r sh is a onsi for the mm' n and tion of the event. The Cit Fa, e * 11 will cl o the lak�or fishing and boating to the general public t a owl the tq e ility will close for five (5) consecutive days, normal] cu rnn Wed - Sunday. If a change is needed to the set days of the wee f op� a oa o , it must be approved by the Mayor, or his/her designee. They y of ayF etteville will suspend enforcement of that portion of § 97.070 of ode of Ordinances regarding boats not creating a wake in Lake Fayetteville during the course of this event. 8. The City of Fayetteville will not be responsible for any boats, motors or any equipment left on the site by the participating teams or the event sponsors. Solar Splash is must provide security officers overnight, if necessary. 9. Solar Splash organizers will be allowed to begin preparing the site for the event two (2) days prior to the beginning of the event. However, any prior set up must 0 0 not interfere with normal lake operations and must be coordinated with Parks and Recreation Staff. 10. Solar Splash is permitted to sell memorabilia promoting the Solar Splash event. 11 . Solar Splash is permitted to set up a public address system, provided it operates in compliance with Fayetteville's sound ordinance. 12. This agreement is renewable in five, one year increments continuing through 2011 . It may be terminated, in writing, by either Solar Splash or The City, provided the termination occurs six (6) months prior to the next scheduled event. 13 . It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by either party under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. 14. This agreement constitutes the entire understanding of the parti o modification or variation of the terms of this agreement shall b vim' nl s made in writing and signed by the duly authorized agents of the. I Solar • lash. 15 . Each paragraph of this agreement is severable from all othe paragra I In the event any court of competent jurisdi - ion determin s tha any para aph or subparagraph is invalid or unenforceabI r any reason arcing pa graphs and subparagraphs will.re am in full re e nd effect. 16. This agreem ` i s all be erpreted cco ' in to an forced under the laws of thc.Stat of Ara as. IN WI SS OF, t City olar Splash have executed this A e ment on or of h da I t writt bove. Cr f Faye tt Ile ,A sas Solar Splash International DAN COODY, Mayor ALLAN MANTOOTH, Director ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Witness M IN *rof 11 The ASME International SOLAR SPLASH ° The World Championship of Intercollegiate Solar Boating SOLAR SPLASH 2007 Fayetteville , Arkansas June 13 - 17 , 2007 _ 21 - - y \ 1 Solar Splash The World Championship of Solar Intercollegiate Boating June 13 through 17 , 2007 — Lake Fayetteville Fayetteville, Arkansas A Proposal for Funding Students who apply classroom ideas to hands-on projects gain confidence in their discipline and maturity in their inter-personal skills — traits that any employer can appreciate. Solar Splash is an intercollegiate solar boating competition that challenges students and gives interested sponsors the chance to see how emerging technologies can be applied in action. The fourteenth annual Solar Splash competition will be hosted by the University of Arkansas-Fayetteville this summer. Students and advisors on the planning committee created a tier of donation options and we ask that — after reviewing this proposal and its attachments — you consider participating in this exciting event as a donor. Solar Splash is a five-day, practical, educational experience that helps develop teamwork and inter-disciplinary skills. The event draws attention to the practical application of solar energy technologies — an application that is sure to grow in importance in coming decades. At Solar Splash, engineering students and students from other disciplines work as a team to design, build, and operate small single-occupancy boats in a competition focused on speed, maneuverability, and endurance. As of Jan. 29, 25 teams have officially enrolled and/or have expressed an interest in participating. They include a team from Puerto Rico and a team from Turkey as well a high school team from California and institutions as disparate as Camegie Mellon and the United States Naval Academy. (To see the complete list of teams, visit www.solarsplash.com.) Teams may apply through April 23, and event coordinators expect about 25 teams in 2007. Since 1994, Solar Splash has been hosted by schools in Milwaukee, New Orleans, and Buffalo. The University of Arkansas first hosted the event in 2006 and will continue to do so through 2010. To participate in Solar Splash, teams must submit a design report by May 1 and pass close technical inspections on the first day of the competition, which takes place over five days. Teams accrue up to 1 ,000 points based on the design report, the workmanship of the craft, an informational visual presentation, and — at the crux of the matter — their performance in five on-the-water competitive events. The boats must qualify in events that test maneuverability and short-distance speed. They then face off in: the slalom event, which tests both speed and maneuverability; a 300- meter sprint; a four-hour endurance run; and, on the last day, one more sprint heat. Solar Splash 2007 Page 1 http://www.solarsplash.com/ Throughout the competition team members must adapt to the shifting variables of actual water and energy conditions, finding ways to maximize relationships among the variables of sun, temperature, cell design, and power demand. Team members who have learned to work effectively with one another will have a contingency plan to address unforeseen challenges. Effective teams also have a leadership structure, but also remain flexible enough to allow versatility in assigned roles. Solar Splash nurtures innovation, discipline, and persistence. Many teams return year after year, accumulating the knowledge and experience they need to improve their designs. Dr. Jeffrey Morehouse, professor in the mechanical engineering department at the University of South Carolina at Columbia, serves as the main coordinator for Solar Splash. Academics from each participating institution serve as advisors to their teams, but the students bear ultimate responsibility for the design and performance of their boats. Solar Splash is a unique and valuable learning experience that benefits not only the students but the entire energy industry as students improve the designs and methods needed to use solar energy efficiently. Please review the donor levels and the recognition opportunities that pertain to each level. As you will see in the attached budget, we expect the event to cost approximately $70,000 in 2007. We respectfully request that you join the University of Arkansas in presenting this important event. We also invite you to join us in June to watch this exciting competition unfold. Solar Splash 2007 Page 2 http://www.solarsplash.com/ �r4- SOD ko ACURDCERTIFICATE OF LIABILITY INSURANCE DATE(MM/D.30 05/07/2010 08:30 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Riggs,Counselman,Michaels&Downes ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7735 Old Georgetown Road 8th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Bethesda,MD 20814 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 240-482-1700 INSURERS AFFORDING COVERAGE NAIC# INSURED IN The American Society of Mechanical Engineers SURER A: OneBeacon Insurance Company 21970 3 Park Ave INSURER B: Hartford Fire Insurance Company 19682 New York,NY 10016-5910 INSURER C: American Insurance Company 21857 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDIT POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IONS OF SUCH INSR DD' -INSRDI TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC POLICY(M EXPIRATION LIMITS A GENERAL LIABILITY 710027428 7/1/2009 7/1/2010 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurence $1,000,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $10,000 X PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO X LOC A AUTOMOBILE LIABILITY 710027428 7/1/2009 7/1/2010 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY(Per (Per person) HIRED AUTOS NON-OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESSIUMBRELLA LIABILITY SU000091410282 7/1/2009 7/1/2010 EACH OCCURRENCE $ 10,000,000 X OCCUR FICLAIMSMADE AGGREGATE $ 10,000,000 DEDUCTIBLE X RETENTION $0 $ B WORKERS COMPENSATION AND 42WBAA6930 7/1/2009 7/1/2010 X WC STATU I IOTH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I(yyes,describe under E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Sig EC PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:Solar Splash-Solar Powered Boat Competition hme 2-June 14,20I0 **see attached description of operations" CERTIFICATE HOLDER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Fayetteville Lake Park DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN * NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fayetteville,AR 00000 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 Client# 33376 Mst# 09-10 Standard Cert Cert# 245362 Aor CERTIFICATE ATTACHMENT Riggs, Counselman, Michaels & Downes, Inc. Named Insured:The American Society of Mechanical Engineers Certificate Holder:Fayetteville Lake Park Description of Operations/Locations/Vehicles/Restrictions/Special Items: RE:Solar Splash-Solar Powered Boat Competition June 2-June 14,2010 The Board of Trustees-Univ.of Arkansas Administrative Building 321,Fayetteville,AR 72701; Fayetteville Lake Park,and the City of Fayetteville 113 West Mountain Fayetteville,AR 72701 are listed as Additional Insureds under the General Liability Policy as their interest may appear per written contract or written agreement with respects to the above referenced event. Client#33376 Cert# 245362 Master# 09-10 Standard Cert