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HomeMy WebLinkAboutContract 39999 (2)CITY SECRETARY CONTRACT NO...� 39 AGREEMENT REGARDING TEXAS MOTOR SPEEDWAY EVENT TRAFFIC PLAN AND PROTOCOLS This AGREEMENT REGARDING TEXAS MOTOR SPEEDWAY EVENT TRAFFIC PLAN AND PROTOCOLS is hereby entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation organized under the laws of the State of Texas, and TEXAS MOTOR SPEEDWAY, INC. ("TMS"), a Texas corporation. 1. Background and Purpose. 1.1. The purpose of this Event Traffic Plan and Protocols is to facilitate the partnership between the City of Fort Worth Police Department, ("FWPD") and TMS in the successful planning and implementation of a traffic plan and related protocols for Major TMS Events. 1.2. FWPD will be the lead governmental agency in the implementation of this plan. FWPD will assist TMS in garnering cooperation in effecting this plan from Texas Department of Transportation ("TxDOT") and the other police agencies that are directly affected by TMS traffic. TxDOT has issued a Minute Order allowing the contra flow of traffic on SH 114. That Minute Order governs in the case of any conflict with this Event Traffic Plan and Protocols. 1.3. It is understood that both TMS and FWPD will benefit from cultivating the best possible working relationship with regard to TMS events, and ensuring the smoothest possible traffic flow in and around the TMS grounds. As TMS is committed to having the best possible relationship with its fans, FWPD is committed to providing the highest quality police services at all times. Both TMS and FWPD are committed to amicably resolving any disagreements or conflicts that may arise in connection with this agreement. 1.4. In order to ensure the best possible working relationship between TMS and FWPD as it relates to traffic control in and around the motor speedway, the concept of "Integrated Command" will be employed. "Integrated Command" is defined as a teamwork approach to managing a special event where external stakeholders — such as TMS in this instance — are consulted in the planning, management, an --operati na --- decisions made by the assigned police supervisor/s and staff. OFFICIAL RECORD 2. Definition of "Major TMS Events". CITY SECRETARY FT. WORTH, TX "Major TMS Events" include, but are not limited to, qualifying and racing days for the NASCAR Truck series, NASCAR Nationwide series, NASCAR Sprint Cup series, and the Indy Car series, as well as any other event comparable in size to the foregoing. The sponsor and/or title of any NASCAR series or NASCAR event are AGREEMENT REGARDING TEXAS MOTOR SPEEDWAY PAGE 1 Of 8 EVENT TRAFFIC PLAN AND PROTOCOLS subject to change and any such change shall have no effect on the rights and obligations of FWPD or TMS provided for under this agreement. 3. Pre - Event Planning, 3.1. Traffic Plan Meeting. At least two (2) months prior to every Major TMS Event, a FWPD Deputy Chief or the Captain responsible for the FWPD Traffic Division ("Traffic Captain"), or both, will meet with the TMS VP of Operations (or his or her designee) at TMS. At this meeting, TMS will present the suggested event traffic plan and protocols to be implemented, which will deal with the specifics of the upcoming event, such as attendance projections, event starting times, suggested FWPD staffing levels for the various stations, amount and location of traffic control devices, anticipated arrival and departure times of the fans, past or future issues relating to the traffic plan, identification of highways to be contra -flowed, and anticipated times for the contra flows to begin and end. 3.2. Governmental Planning Meeting. At least two (2) weeks prior to every Major TMS Event, a FWPD Deputy Chief or the Traffic Captain shall conduct a meeting with the TMS VP of Operations (or his or her designee), for the purpose of discussing the traffic plan and its implementation. This meeting will also be held at TMS. The Traffic Captain will also be available to meet with TxDOT representatives, if necessary. 4. Event Day Execution. 4.1. For the periods three (3) hours prior and three (3) hours after Major TMS Events (as defined above), primacy will be given, subject to public safety considerations, at intersections to the ingress and egress of race fans for the following reasons: enhancing public safety, minimizing traffic gridlock, restoring normal traffic flow and direction as quickly as feasible, restoring intersections to normal operations as quickly as feasible, and reducing pollution caused by idling vehicles. "Primacy" means that priority will be given to the ingress and egress of race fans but periodic accommodations may be made to commercial traffic in close proximity to TMS. For example, a tractor -trailer seeking to enter a roadway in which vehicles are backed up may be allowed to dovetail into fan traffic at such times which do not contribute. to the backlog of vehicles. This concept of "primacy" shall apply at any event for which FWPD traffic control assistance has been requested and provided. All other provisions of this agreement only apply to those events which meet the definition of a "Major TMS Event." 4.2. FWPD will implement and execute the traffic plan and protocols on each event day. The Traffic Captain and the City Manager (or his or her designee) shall be present at all Major TMS Events during the times of ingress and egress of the TMS fans. 4.3. TMS will provide the traffic control devices needed for the traffic plan, at its expense. This includes all traffic control devices required by FWPD to set up traffic control at intersections, such as traffic cones. TMS will also provide the necessary temporary safety lighting and message boards for the traffic plan. In addition, TMS shall AGREEMENT REGARDING TEXAS MOTOR SPEEDWAY PAGE 2 of 8 EVENT TRAFFIC PLAN AND PROTOCOLS be responsible for the expense of hiring a third party vendor to set up and tear down the traffic control devices necessary to establish contra flow on SH114. TMS will deliver these traffic control items to the designated intersections prior to the first event of the week, and will collect the traffic control devices at the conclusion of that week's events. The Manual on Uniform Traffic Control Devices will be followed regarding the placement, size and specifications of any traffic control device utilized under this agreement. 4.4. FWPD will be responsible for the actual placement of the traffic control devices in the intersections at the agreed -upon time, and will collect them and stage them at the conclusion of each day's events. 4.5. Each event day, the FWPD Chief (or his or her designee) and the TMS VP of Operations (or his or her designee) will coordinate the implementation of the proposed starting times and ending times of any contra flows. To the extent possible, FWPD shall have all personnel and devices staged in advance so as to not unnecessarily delay commencement of contra flows. FWPD will provide all manpower and police vehicles needed for the implementation and ending of these contra flows. Except for in the event of an emergency, and following the concept of an integrated command, contra flows shall not be prematurely terminated for any reason other than for articulable public safety purposes and cannot be done without the consent of the Traffic Captain, who will confer with the TMS VP of Operations (or his or her designee) prior to termination of the contra flow. In the event of an emergency, the contra flow may be terminated prematurely with the consent of the Traffic Captain, who will immediately notify the TMS VP of Operations of the change. 4.6. Absent an emergency, no FWPD officer shall change the intersection setups of the traffic plan -without consent -of the Traffic Captain-v Before consenting to the change in the intersection setups, the Traffic Captain must first confer with the TMS VP of Operations (or his or her designee); provided, however, that in the event of an emergency, the ranking officer at an intersection may make a change and immediately notify the Traffic Captain of the nature and purpose of the change. The Traffic Captain will then immediately notify the TMS VP of Operations (or his or her designee) of the change. 5. Accountability. If a deviation from the event day traffic plan or these protocols comes to the attention of TMS, TMS may notify the highest ranking FWPD officer on scene (including the Chief) who will promptly inquire as to nature and cause for the deviation. FWPD will take action as appropriate under state and federal law, local ordinances and internal police policy to correct the deviation if reasons for deviation are not deemed justifiable by the department. If a FWPD officer deviates from the event day traffic plan or these protocols without the consent of his or her supervisor and such incident is brought to the attention of the ranking FWPD officer, or a complaint is filed with the FWPD, FWPD may investigate the reasons for the officer's deviation, per FWPD policy. During any AGREEMENT REGARDING TEXAS MOTOR SPEEDWAY PAGE 3 of 8 EVENT TRAFFIC PLAN AND PROTOCOLS departmental investigation, FWPD shall confer with the TMS VP of Operations to discuss the occurrence. Subject to applicable law, if the FWPD determines that the officer's actions violated an applicable FWPD rule, directive, general or special order, including a protocol set forth herein, the FWPD may take disciplinary action against the officer, as deemed appropriate by the Chief of Police. 6. Incident Commander. FWPD recognizes that familiarity with the challenges regarding traffic control at TMS events is helpful to an officer serving as Incident Commander. FWPD will use its best efforts to assign the position of Incident Commander to officers with experience regarding the TMS event traffic. Any officer considered for the role of Incident Commander for a TMS event shall have worked at least two (2) TMS race events prior to assuming that post so that he or she is adequately trained for the position. 7. Term. This Agreement shall take effect on the date as of which it has been executed by both the City and TMS and shall expire contemporaneously upon the expiration of that certain Lease Agreement by and between FW Sports Authority, Inc. and TMS dated December 18, 1996, as amended, in accordance with the terms and conditions of such Lease Agreement, 8. Bindin Nature. 8.1. Subsequent Negotiations. In the- event- that either party believes the other party has breached this Agreement, or if either party, acting reasonably and in good faith, wishes to amend a provision of this Agreement in order to address a change in circumstances affecting any of the duties, obligations, or representations in this Agreement, the party asserting breach or wishing to amend this Agreement shall notify the other party in writing. In this event, the City and TMS agree to meet within ten (10) business days following the date of such notice and to negotiate diligently and in good faith a remedy to the issue asserted. 8.2. Dispute Resolution. If the parties are unable to agree on a remedy to any issue raised pursuant to Section 8.1 after at least ten (10) hours of negotiations conducted in accordance with Section 8.1, the parties agree, AS THEIR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT, to submit any remaining dispute to mandatory arbitration conducted at a location in the City and otherwise in accordance with the provisions of this Section 8.2. 8.2.1. Selection of Arbitrator. AGREEMENT REGARDING "PEXAS MOTOR SPEEDWAY PAGE 4 of 8 EVENT TRAFFIC PLAN AND PROTOCOLS If arbitration is required to resolve a dispute between the City and TMS under this Agreement, the City and TMS shall agree upon one (1) arbitrator to resolve the dispute. The arbitrator must be a neutral party having at least five (5) years of experience in events management and related traffic control issues and must be mutually acceptable to both parties. 8.2.2. Rules of Arbitrator. The arbitrator selected pursuant to Section 8.2.2 above will establish the rules for proceeding with the arbitration of the dispute, which will be binding upon all parties to the arbitration proceeding. The arbitrator may use the rules of the American Arbitration Association for commercial arbitration but is encouraged to adopt the rules the arbitrator deems appropriate to accomplish the arbitration in the quickest and least expensive manner possible. Accordingly, the arbitrator may (i) dispense with any formal rules of evidence and allow hearsay testimony so as to limit the number of witnesses required, (ii) minimize discovery procedures as the arbitrator deems appropriate; and (iii) limit the time for presentation of any party's case as well as the amount of information or number of witnesses to be presented in connection with any hearing. In any event, the arbitrator (A) shall permit each side no more than two (2) depositions (including any deposition of experts), which depositions may not exceed four (4) hours each, one set of 10 interrogatories (inclusive of sub -parts), (B) shall not permit any requests for admissions, (C) shall limit the hearing, if any, to two (2) days, and (D) shall render his or her decision within sixty (60) days of the filing of the arbitration. 8.2.3. Costs. The arbitrator will have the exclusive authority_ to determine and award costs of arbitration and the costs incurred by any party for its attorneys, advisors, and consultants; provided, however, that in no event will either party be subject to pay costs to the other in excess of $25,000.00. In no event shall any determination of the arbitrator include an award of money damages to either party. AGREEMENT REGARDING TEXAS MOTOR SPEEDWAY PAGE 5 Of 8 EVENT'1'RAFFIC PLAN AND PROTOCOLS 8.2.4. Binding Nature, MS. Any decision of the arbitrator shall be binding on the City and T 8.2.5. Applicable Law. In reaching any determination, the arbitrator will apply the laws of the State of Texas. Nothing contained in this Agreement will be deemed to give the arbitrator any authority, power or right to alter, change, amend, modify, add to or subtract from any of the provisions of this Agreement. All privileges under state and federal law, including, without limitation, attorney -client, work product and party communication privileges, shall be preserved and protected. All experts engaged by a party must be disclosed to the other party within fourteen (14) calendar days after the date of notice for 'arbitration is given. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 9. Notices. All notices, consents, approvals or demands required under this Contract will be in writing, and will be deemed delivered when either (i) deposited in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, or (ii) delivered in person (including delivery by any courier service), provided that there is a written record confirming such personal delivery; in any event addressed to or delivered to the appropriate party at: _I - __ To the City: With a copy to: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Attn: City Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Attn: City Attorney To TMS: Texas Motor Speedway, Inc. 3545 Lone Star Circle 3rd Floor Fort Worth, Texas 76177 Attn: Tom Kelly AGREL'MENT REGARDING TEXAS MOTOR SPEEDWAY EVENT TRAFFIC PLAN AND PROTOCOLS PAGE 6 of 8 or to such other addresses) as either party may from time to time designate for this purpose. 10. Force Majeure. It is expressly understood and agreed by the City and TMS that if performance by either party of any obligation hereunder is delayed beyond that party's reasonable control, the time period applicable to performance of such obligation shall be extended for a period of time equal to the period of the specific event causing such delay. 11. Sub'ect to A licable Law. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 12. No Third Party Rights. The provisions and conditions of this Agreement are solely for the benefit of the City and TMS and are not intended to create any rights, contractual or otherwise, in any other person or entity. 13. Entirety of Agreement. This Agreement contains the entire understanding and agreement between the City and TMS as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement shall not be amended unless such - amendment is executed in writing by both parties. EXECUTED to be effective as of the later date below: CITY OF FORT WORTH: Tom Higgins Assistant City Manager TEXAS MOTOR SPEEDWAY, INC. a Texas corporation: sy: Eddie Gossage President Date: If /// tI AGREEMENT REGARDfNG 'TEXAS MOTOR SPEEDWAY EVENT TRAFFIC PLAN AND PROTOCOLS PAGE 7 of 8 APPROVED AS TO FORM AND LEGALITY. By: Name: City Attorney M&C. none required L` fjtft� ILY a 0U�a�,�oQo� Ci% 0 �O� �Uly % ah4�pAO40U� �.A' OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AGREEMENT REGARDRIG TEXAS Iv10TOR SPEEDWAY EVENT "TRAFFIC PLAN AND PROTOCOLS PAGE 8 of 8