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Agenda 11/12/2013 Item #16D 711/12/2013 16.D.7. EXECUTIVE SUMMARY Recommendation to authorize the Chair to execute an agreement between the County and Sunshine State BMX Association, Inc. to host the BMX Florida Cup Series Qualifier at the County's Naples Wheels park facility in February 2014. OBJECTIVE: To provide enriching events for the youth and adults of Collier County, as well as generate revenue through sales, gas and room tax with the overnight visitors by hosting a BMX Florida Cup Series Qualifier event at a park facility. CONSIDERATIONS: The Sunshine State BMX Association (SSA) also known as the USA BMX is the official sanctioning body for the sport of BMX since 2011. The SSA holds a variety of BMX series /tournaments annually throughout the United States and Canada. The Collier County Parks and Recreation Department (Department) would like to host one of the 2014 SSA Florida Cup Series Qualifier events at the Golden Gate Community Center BMX race course facility (the park). As part of the SSA Florida Cup Series; there are a total of five (5) qualifier events from Tampa to High Springs within a five (5) month period. The event to be held on February 7, 8 and 9, 2014 will attract approximately 2,000 people with about 300 participants of all ages to the park and Collier County as a whole. The Department will be responsible for providing the special event permit, port-o -lets, tents and utilities at a total expense of $3,000. The event is estimated to generate approximately $4,250 in rider fees and concession revenue. SSA will pay the County $7.50 per rider, it is estimated that the competition will bring in 300 riders. Concession revenue is estimated at $2,000 based on approximately 2,000 people attending the event. FISCAL EMPACT: The estimated revenue in the amount of $4,250 will be recognized in the Golden Gate Community Center fund 130, Cost Center 157710. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval - CMG GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chair to execute an agreement between the County and Sunshine State BMX Association, Inc. to host the BMX Florida Cup Series Qualifier at the County's Naples Wheels park facility on February 2014. Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Department Attachment: SSA BMX Agreement Packet Page -1521- n 11/12/2013 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to authorize the Chair to execute an agreement between the County and Sunshine State BMX Association, Inc. to host the BMX Florida Cup Series Qualifier at the County's Naples Wheels park facility in February 2014. Meeting Date: 11/12/2013 Prepared By Name: BetancurNatali Title: Operations Analys, Parks & Rec -NCRP Admin 10/15/2013 1:29:46 PM Submitted by Title: VALUE MISSING Name: McPhersonJeanine 10/15/2013 1:29:48 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 10/16/2013 9:06:15 AM Name: WilliamsBarry Title: Director - Parks & Recreation,Parks & Recreation Date: 10/21/2013 9:22:32 AM Name: CarnellSteve Title: Purchasing/General Services Director Date: 10/30/2013 8:55:46 AM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 10/30/2013 12:09:00 PM Packet Page -1522- Name: KlatzkowJeff Title: County Attorney Date: 10/30/2013 2:06:11 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/31/2013 3:53:51 PM Name: KlatzkowJeff Title: County Attorney Date: 10/31/2013 4:18:01 PM Name: OchsLeo Title: County Manager Date: 11/2/2013 10:30:47 AM Packet Page -1523- 11/12/2013 16.D.7. S— hift State EMXAseeciaticn SSA Florida Cup Series / SCR Race Weekend Agreement 11/12/2013 16.D.7. The Sunshine State BMX Association, Inc. (SSA) and Wheels Skate and BMX Park agree that the Florida Cup Series Qualifier and SCR (hereinafter referred to as the Event) will be held at Wheels Skate and BMX Park Course and Facility (hereinafter referred to as TRACK) located at 4701 Golden Gate Pkwy, Naples, FL 34116 on February 7, 8 & 9, 2014. The SSA promotes a USABMX sanctioned TRACK series. As such all USABMX rules and regulations will be observed. EVENT SPECIFICATIONS • The TRACK shall implement, promote, market and prepare for the EVENT in strict conformance with the criteria and standards set forth in this document. • The TRACK agrees that SSA will have final say in all matters regarding the EVENT, beginning the date this agreement is signed by both parties. SSA will be responsible for implementing various EVENT specific responsibilities as described in this document. The TRACK must cooperate and assist when applicable. • SSA is associated with a variety of sponsors. The TRACK must assist in the execution and implementation of the SSA sponsor program. • The Event is defined as;" BMX Racing Competition ". RIGHTS AND OBLIGATIONS OF SSA • The SSA will pay the TRACK a "track rental fee" of $7.50 per rider per race day.(Championship event fee is doubled) • SSA shall obtain, as it deems necessary and appropriate in its sole discretion, sponsorships for the EVENT.( See attachment A ) • SSA shall provide to the TRACK in writing the requirements, if any, with as much specificity as possible that the TRACK shall be required to satisfy, to service or comply with the additional sponsorships obtained by SSA. • Unless otherwise noted TRACK sponsors and local supporter's signage regardless of the circumstances may have their banners or signage covered or removed unless prior arrangements have been made. • SSA will retain all entry fees generated by the EVENT. • The SSA will pay all USABMX sanction fees and insurance for the races. • SSA reserves the right to sell SSA merchandise at the EVENT and to use the EVENT title for the sale of such merchandise. SSA shall retain all revenues derived from such sales. Track Rep SSA - President Packet Page -1524- ME 11/12/2013 16.D.7. S shine state BMX dcaocatian • SSA reserves the right to solicit and sell any vendor or manufacturer space to sell, display and/or sample any product. TRACK shall be paid per SSA Vendor Fee Agreement. • SSA reserves the right to sample any product during the EVENT. • SSA reserves the right to pre book all lodging for the even. RIGHTS AND OBLIGATIONS OF THE TRACK • The TRACK shall not obligate SSA to any expenditures or financial commitments without SSA's written approval and the SSA will not obligate the track to any expenditures or financial commitments without Track Operator approval. • The TRACK shall be fully responsible for the immediate payment, or negotiated payment plan, of any expenses or obligations incurred in violation of the foregoing sentence. • The TRACK shall not produce, manufacture or sell any items during the EVENT or after the EVENT that use the SSA logo, date of the race, name of the race, city or state of the race, or the location of the race. All EVENT memorabilia will be sold through the SSA. • The rights to the production, sale and distribution of merchandise specific to the TRACK are granted to the TRACK, together with all revenues derived there from, but SSA must approve such items. • Revenue generated from parking receipts shall be retained by the TRACK. Parking fees shall not exceed $5 per car per day with $10 weekend option. Tent camping fees and RV camping fees shall not exceed $25 per night. (Optional) • The TRACK shall not charge parking fees for the EVENT to any SSA working officials, SSA sponsors or SSA VIPs. • All food and drink concessions for the EVENT, and revenues generated there from, are granted to the TRACK. Concessions must be in accordance with SSA sponsorship requirements. Alcohol is not permitted to be sold. • TRACK must provide food and drink concessions during all open hours of the EVENT. TRACK may NOT license other food vendors to operate during the EVENT unless approved by SSA • All product and 50/50 raffle sold by the TRACK for the EVENT, and revenues generated there from, are granted to the TRACK. • The TRACK may acquire additional local sponsors, provided they do not interfere with SSA sponsors. All sponsorship agreements must be approved by SSA to insure compliance with previous existing agreements. Track Rep SSA - President -2- A Packet Page -1525- 11/12/2013 16.D.7. 34'_i F SSA RESPONSIBILITIES 1. Market and publicize the EVENT throughout the BMX community and encourage as many athletes, teams, coaches and family members as possible to attend the EVENT. 2. Establish EVENT schedule. 3. Provide and pay all EVENT officials including scoring, staging, bike inspection, starter, registration, turn officials, as well as race announcer. 4. Provide Public Address system if the TRACK's Public Address system in not adequate. 5. Provide finish -line scoring/timing equipment. 6. Provide EVENT audio /video web casting if possible. 7. Provide EVENT Wi -Fi MobileMoto. 8. Provide EVENT awards. 9. Provide Pro Purse money. 10. Provide Team Purse money. 11. Provide all EVENT signage for SSA Sponsors. 12. Provide EVENT page on the SSA website. 13. Final track and facility approval 14. Provide all race awards. TRACK's RESPONSIBILITIES 1. Obtain all necessary permits and approvals for the EVENT. 2. Organize and maintain the spectator, parking and camping areas as well as ensure that these areas are dust free as possible throughout the duration of the EVENT. 3. Place directional signs along roads leading to the BMX track to guide out of town participants. 4. Direct EVENT traffic into and out of the EVENT. Parking must be suitable for all makes of cars and must be marked to give a general understanding of where vehicles can and cannot be parked. 5. Provide adequate space for suitable handicap parking. 6. Provide overnight security. 7. Provide tarps, Soiltac, Envirotac to cover and protect the track in case of rain. 8. Provide trash removal each day of the EVENT and ample trash receptacles placed throughout the venue. 9. Dedicate at least two people with track maintenance for the duration of the EVENT, including watering, sweeping and chalking the track as well as repairing any section of the track that may need attention. 10. Provide bleachers seating capable of seating (# and size based on the EVENT as determined by SSA). 11. Groom the BMX track to ensure that it is race ready by no later than 45 days before the EVENT. 12. Provide a barrier between the spectators and the track. 13. Solicit local TV, Radio, Newspapers and other media outlets to cover the EVENT. 14. Provide an USABMX approved starting gate, which is no less than 24 feet in width and 20 Inches in height. Track Rep SSA - President -3- A Packet Page -1526- 11/12/2013 16.D.7. 15. Provide portable restrooms. 16. Provide Emergency Medical Technicians or trained first responders for the duration of the EVENT. 17. Assign any multi -point district point's award (double) to cover Florida Cup race. 18. That there be a location within one hundred fifty (150) feet of the finish line to place the SSA Trailer and that this location have permanent, dedicated and separate 2 -30 AMP power outlets for the trailer's electrical supply. TERM • The term of this Agreement shall commence upon the date of this Agreement and continue through 30 days after the EVENT unless sooner terminated as provided herein. REPRESENTATIONS AND WARRANTIES • Each party warrants and represents that it has the authority to enter into this Agreement and fully perform under this Agreement in accordance with its terms without violating the rights of any third party. DEFAULT AND REMEDIES • In the event TRACK under delivers for whatever reason, SSA at its discretion, will forfeit all payment responsibilities, including the TRACK Rental Fee if any, to the TRACK. Under deliver would pertain to items that both parties agree need correction during Pre -event inspection and throughout the event weekend. • Upon default of this Agreement by the TRACK, SSA shall have all the rights and remedies provided for in this Agreement, including the right to injunctive relief, specific performance, damages and any other relief to which the non - defaulting party may be entitled to in law or in equity. The remedies provided for in this Agreement shall be cumulative and not exclusive such that the non - defaulting party may seek one or more of the remedies for relief to which it is entitled. • Either party may terminate this Agreement upon default by the other party. Termination by any party shall be without prejudice to any existing rights and/or claims that the terminating party may have against the other party under this Agreement, at law or in equity, and shall not relieve such other party from fulfilling the obligations accrued prior to such termination. • Upon default by a party, the non - defaulting party may, at its option, cure the default and be entitled to reimbursement upon demand from the defaulting party of the cost of such cure. The parties acknowledge that it is of the utmost importance that the EVENT occurs and that they be conducted pursuant to the terms and conditions of this Agreement. If a default by either party jeopardizes the operation and conduct of the EVENT, the cost to cure the default shall include all necessary and reasonable costs under the circumstances incurred by the non - defaulting party to assure that the EVENT are conducted in accordance with this Agreement. Upon expiration or earlier termination of this Agreement all of the TRACK's rights and opportunities hereunder shall terminate. Track Rep SSA - President -4- CA Packet Page -1527- 11/12/2013 16.D.7. Sunom* St e BMX Aswialian' ASSIGNMENT • This Agreement shall be binding to the parties hereto and to their successors and assigns and shall not be assigned, transferred or conveyed either directly or indirectly by either party to any person, firm, corporation or entity without the prior written consent of the other party. RELATIONSHIP OF THE PARTIES • This Agreement does not appoint any party to serve or act as the agent of any other or create a partnership, joint venture or similar relationship between or among the parties, and no party shall have the power to obligate or bind the other party in any manner. NO RESIDUAL VALUE • The parties hereby expressly agree that there is no "residual value" implied and no other exclusivity or benefits accrue to TRACK or SSA from this agreement other than as set forth by the terms of this agreement. SEVERABILITY • The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate this Agreement, or render other provisions unenforceable and this Agreement shall be construed and performed in all respects as if such invalid or unenforceable provisions were omitted, insofar as the primary purpose of this Agreement is not impeded. ENTIRE AGREEMENT • This agreement constitutes the entire agreement between the parties, whether written or oral. No waiver, change or modification of this agreement and its terms will bind the parties unless it is in writing and signed by both parties. Failure of TRACK or SSA to enforce any of the provisions herein shall not be construed as a general waiver of such rights. A waiver by either party of a default shall not be construed as a continuing waiver or as a waiver in other instances. All Exhibits referred to herein are attached and shall be part of this Agreement. CONFIDENTIALITY • The parties agree that all terms, conditions and details of this Agreement shall be confidential and therefore agree to undertake whatever measures are reasonably • Necessary to preserve such confidentiality unless disclosure is required by law or is required to be made to their respective staff, officers and directors on an as- needed basis. Track Rep SSA - President -5- Packet Page -1528- 11/12/2013 16.D.7. s --hfne We BA4X Associatian GOVERNING LAW AND JURISDICTION • This agreement and all matters or issues collateral thereof shall be construed and interpreted in accordance with the laws of the State of Florida. The parties agree that legal action initiated to determine rights or remedies under this agreement shall be venued in an appropriate court of the State of Florida. In addition to any other relief to which a party may be entitled to by this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees and costs incurred in any arbitration or litigation arising from this Agreement. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor (SSA) shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor (BMX) or anyone employed or utilized by the Contractor (SSA) in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. John Pingol Collier County Representative President Sunshine State BMX Association, Inc. ATTEST- MIGHT E. BROCK, Clark By: Approved as to form and legality Assistant County Attorney Track Rep SSA- President -6- CP Packet Page -1529- 11/12/2013 16.D.7. &unshmc Stets 6Mx Acsocfation t J RAIN OUT POLICY Where two SSA events are scheduled to take place during a single weekend and: A.) The first day's event is postponed: 1. The Race will be scheduled the next day and run before the start of the next scheduled race. Under no circumstances will sign -ups be added nor any refunds given. B.) The second day's event is postponed/canceled: 1. The SSA reserves the option to postpone or cancel the event. 2. If race is postponed, the SSA after consulting with USABMX will determine rescheduled event date. Riders will be notified of reschedule dates/times via US Mail. Under no circumstances will sign -ups be added nor any refunds given. 3. If race is canceled, the rider will be issued a "credit" for a future SSA event. C.) Both days events are rained out: 1. The race will be rescheduled by the SSA President if possible. D.) Track Director or his designated representative shall be involved in any meeting regarding the possible delay or cancellation of the event. E.) There will be a meeting on Sunday morning, one (1) hour prior to the scheduled start of the race, in the SSA trailer regarding any issues for the race. NOTE: A. We will race in the rain as long as the Race Officials deem it safe. B. The race will be halted if there is lightning in the area, but will be restarted if the Race officials deem it safe. Packet Page -1530-