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Agenda 10/23/2012 Item #16G4 10/23/2012 Item 16.G.4. EXECUTIVE SUMMARY Recommendation to approve and authorize the Airport Authority Executive Director to lease exhibit space at the 39th Annual Sun `N Fun Fly-In Event. The Airport Authority in conjunction with the Seminole Casino at Immokalee will partner to create a cooperative relationship to enhance general aviation and promote the casino through joint attendance at this air show. OBJECTIVE: To approve and authorize the Airport Authority Executive Director to lease exhibit space at the 39th annual Sun `n Fun Fly-In event and participate in a cooperative relationship with the Seminole Casino at Immokalee for joint attendance at this event. CONSIDERATIONS: The Seminole Casino at Immokalee approached the Airport Authority Executive Director to discuss the potential for a cooperative partnership aimed to enhance general aviation and promote the casino through attendance at air shows throughout the State of Florida. The Seminole Casino has agreed to reimburse Collier County for its reasonable expenses incurred to have Airport representation present each day at each of the air shows. Expenses will be invoiced and process in compliance with Collier County CMA #5310 and Section 112.061, Fla. Stat., regarding travel for public employees. The Airport Authority and the Seminole Casino believe the Immokalee Regional Airport can serve as a major transportation alternative to bring visitors into the community. Collectively, the Airport and the Casino can benefit by this partnership. The Airport Authority Executive Director will report the progress to the Board of County Commissioners at least once annually. The 39th Annual Sun `n Fun Fly-In is scheduled for the April 9-14, 2013 in Lakeland, Florida. FISCAL IMPACT: There is no Fiscal Impact. The travel expenses associated with this event will be reimbursed by the Seminole Casino. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This will be the second year for this cooperative partnership between the Airport Authority and the Seminole Casino at Immokalee. The County Attorney has reviewed the Executive Summary, which is legally sufficient and requires a majority vote for Board approval. -JAK RECOMMENDATION: Recommendation to approve and authorize the Airport Authority Executive Director to lease exhibit space at the 39th annual Sun `n Fun Fly-In and participate in a cooperative relationship with the Seminole Casino at Immokalee for joint attendance at this event. SUBMITTED BY: Chris Curry, Executive Director Collier County Airport Authority. Packet Page -2058- 10/23/2012 Item 16.G.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.G.4. Item Summary: Recommendation to approve and authorize the Airport Authority Executive Director to lease exhibit space at the 39th Annual Sun 'N Fun Fly-In Event. The Airport Authority in conjunction with the Seminole Casino at Immokalee will partner to create a cooperative relationship to enhance general aviation and promote the casino through joint attendance at this air show. Meeting Date: 10/23/2012 Prepared By Name: BrueggemanDebra Title: Operations Coordinator,Airport Authority 10/8/2012 10:56:53 AM Submitted by Title: Executive Director-Airport Authority,Airport Authority Name: Curry Chris 10/8/2012 10:56:56 AM Approved By Name: Curry Chris Title: Executive Director-Airport Authority,Airport Authority Date: 10/10/2012 5:07:09 PM Name: KlatzkowJeff Title: County Attorney Date: 10/12/2012 3:21:32 PM Name: KlatzkowJeff Title: County Attorney Date: 10/12/2012 3:49:50 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Packet Page-2059- 10/23/2012 Item 16.G.4. Date: 10/12/2012 4:01:55 PM Name: KlatzkowJeff Title: County Attorney Date: 10/15/2012 8:59:26 AM Name: OchsLeo Title: County Manager Date: 10/15/2012 11:38:53 AM Packet Page-2060- 39th ANNUAL SUN 'n FUN FL 10/23/2012 Item 16.G.4. LAKELAND, FLORIDA APRIL 9-14, 2013 APPLICATION/LICENSE FOR EXHIBIT SPACE Phone: 863-644-2431 exhibits @sun-n-fun.org 4175 Medulla Road Fax: 863-644-9737 Lakeland,FL 33811 Company Name Exhibitor Representative Phone Exhibitor's Authorized Fly-In Representative Cell Address City State Postal Code_ FAX E-mail Please list in detail products or services Exhibitor will show or sell.No other products or services will be allowed in Exhibitor's Exhibit Space, • • L. EXHIBIT SPACE ASSIGNMENTS Exhibitor is applying to SUN'n FUN Fly-In,Inc.("SUN'n FUN")for a License for an Exhibit Space in a building or on a parcel of land("Exhibit Space")for SUN'n FUN's 2013,39th Annual SUN'n FUN Fly-In("Fly-In"). Exhibitor understands that this document shall not become a License and,therefore,Exhibitor does not have a License and does not have an Exhibit Space secured,until Exhibitor receives a copy of this Application/License with an official SUN'n FUN Authorized Signature affixed and SUN'n FUN has received payment in full for said Exhibit Space. Should SUN'n FUN grant Exhibitor a License,Exhibitor shall have the privilege to use or occupy an Exhibit Space in a building or on a parcel of land in accordance with the terms and conditions of this License. Do not assume Exhibitor has a y Exhibit Space.The use of any Exhibit Space does not create any presumption or expectation of Exhibitor being authorized to use that or any other Exhibit Space at any subsequent Fly-In. Requested space(s): 1st Choice 2nd Choice 3rd Choice AC—Aircraft Space(No Electric Service/Phone) Inside Hangars(Electric included) LD—Large Displays(Limited Electric Service) LP—Light Plane Exhibits(No Electric/Phone Svc) MD—Manufacturer's Display(Limited Electric Svc) N—North Exhibits(Limited Electric Service) NE—North East Exhibits(Limited Electric Service) SE-Southeast Exhibits(Limited Electric Service) SNF-SUN'n FUN Displays(Limited Electric Svc) SW—Southwest Exhibits(No Electric Service) METHOD OF PAYMENT Full Payment must be submitted no later than September 15,2012. Exhibit Space is not secured until Full Payment is received by SUN'n FUN. Wire Transfer($30 fee) Check Enclosed Credit Card — CSV: Exp. Cardholder Name: Signature: Exhibit Space Fee Camping on Outdoor Exhibit Space where Electric is provided($150) $30 Wire Transfer Fee Total Due Full Payment must be made by September 15,2012. There will be a 25%cancellation fee for each Exhibit Space in a building or on a parcel of land cancelled. NO REFUND of payment after January 31,2013. Exhibit Space must be claimed by 8 a.m.on April 9,2013,or Exhibit Space may be reassigned at the sole and exclusive discretion of SUN'n FUN. Exhibitor,by the signing of this Application/License by the undersigned Exhibitor Representative,acknowledges and agrees that the Exhibitor,its agents,representatives,servants,employees,customers,providers,suppliers,and/or guests shall abide by and be bound by the SUN'n FUN Fly-In Rules and Regulations set forth on Page Two of this Application/License,a copy of which Exhibitor acknowledges receiving,and agrees to same. By signing you become financially responsible for space. Exhibitor Authorized Signature Date Exhibitor Representative SUN'n FUN Fly-In,lnc. Authorized Signature Date FOR OFFICE USE ONLY Exhibit Space authorized&approved by SUN'n FUN: Exhibits Initial: Paid? Invoice#: Date: Finance Initial: Packet Page-2061- Rev.6/12 . 10/23/2012 Item 16.G.4. SUN'n FUN FLY-IN RULES AND REC__...._.-— Failure to abide by the following SUN'n FUN Fly-In Rules and Regulations,which are an integral part of this License,may result in the termination of this License and the removal of any exhibit from the Fly-In site and may result in denial of future Exhibit Spaces. EXHIBITOR'S AUTHORIZED FLY-IN REPRESENTATIVE:Exhibitor,at all times during the Fly-In shall have its designated Authorized Fly-In Representative available to SUN'n FUN for the purpose of making all decisions necessary on behalf of Exhibitor at or during the Fly-In.Exhibitor's Authorized Fly-In Representative shall have all authority to represent andlor commit Exhibitor at or during the Fly-In,and SUN'n FUN may rely without reservation upon all such representations and/or commitments. EXHIBITOR OFFICE LOCATION:Check in upon amval at the Exhibitor Welcome Center,open Sat-Mon.prior to Fly-In,located off Medulla Road at Rocky Road. Exhibit Office throughout the Fly-in is located on the south end of B and C Building. SET UP AND INSTALLATION OF EXHIBITS:Installation of exhibits will be permitted starting Saturday,April 6,2013 and Sunday,April 7,2013 from 8:00 a.m.to 5:00 p.m.and Monday,April 8, 2013,from 8:00 a.m.to 8:00 p.m.No Light Plane landings before Sunday,April 7,2013. HOURS OF OPERATION:Shall be from 9:00 a.m.-5:00 p.m.,Tuesday-Sunday.Indoor Exhibit Buildings will open at 8:00 a.m.Tuesday-Sunday for Exhibitors only,to prepare for the day's business. All Exhibit Spaces must be cleared and all displays removed by noon on Tuesday,April 16,2013.Opening and dosing times of Indoor Exhibit Buildings shall be enforced for Exhibitors'protection. FEES:Exhibit Space fee includes the cost of a Polk County Occupational License and Exhibitor's credentials per Exhibit Space. Indoor displays include back drapes,side curtains and sign.Additional credentials may be purchased at Main Registration. RESERVING EXHIBIT SPACE:SUN'n FUN reserves the right to relocate Exhibitor to another Exhibit Space at any time and from time to time,either before or during the Fly-In. Full payment, received by September 15,2012,will guarantee an Exhibit Space as selected in the sole and exdusive discretion of SUN'n FUN.Exhibitor understands and agrees that Exhibitor has no right to use or occupy any specific,fixed,or particular Exhibit Space and has not been granted exclusive use or occupancy of any such Exhibit Space. There will be a 25%cancellation fee for each Exhibit Space cancelled.No refunds of payment wit be made after January 31,2013. CLEANING&EARLY BREAKDOWN:All aisles will be maintained by SUN'n FUN.All Exhibitors are required to dean their Exhibit Spaces at the dose of each day. Breakdown and departure are not permitted before 5:00 p.m.on Sunday,April 14,2013. Exhibitor breaking down prior to 5:00 p.m.may be denied future Exhibit Space.Vehicle access is permitted at 6:30 p.m.on breakdown day. Any Exhibitor leaving bulk material,garbage,mulch and debris of and kind will have an after show charge of$250.00 for indoor Exhibit Space and$500.00 for outdoor Exhibit Space. NO SHIPMENTS TO SUN'n FUN SITE:Shipments prior to the Fly-In shall only be made by contacting GES.SUN'n FUN will not accept display or other material at the Fly-In site. PERMITTED DISPLAYS:Indoor Exhibitors may install,at their own expense,special signs,displays,counters,shelving,and similar items not to exceed 10 feel in height from the floor along the rear of the Exhibit Space and along no more than 1/2 of the side dividers measured from the rear of the Exhibit Space.No materials may be hung from the building structure(e.g.,no guy wires from building to rafters,no signs attached to walls).Shelving,signs,etc.,extending above the side dividers must be approved in advance by SUN'n FUN and have the back side thereof covered to the satisfaction of the Exhibit Chairman.Outdoor Exhibits shall not exceed 25 feet in height.Noisemakers,disruptive audio,amplifiers,flashing signs,microphones,portable air conditioners,and attention-getting devices are not allowed in any Exhibit Area.Portable air conditioners and generators prohibited inside. VEHICLE ACCESS:During the Fly-In,vehicle access is permitted before 9:00 a.m.and after 5:00 p.m.Sunday April 14 vehicle access after 6:30 p.m.Vehicles will not be allowed to remain on or at Exhibit Space during the day.Any vehicle outside designated parking area will be towed at owner's expense. VEHICLE PARKING:Exhibitors will be issued a designated number of vehide passes per Exhibit Space.A designated area will be provided for such Exhibitor parking,additional vehicle passes may be purchased.Any Exhibitor with Outdoor Exhibit Space may,with prior approval of SUN'n FUN,park an R.V.on its Exhibit Space if it is essential to its exhibit in the sole and exclusive determination of SUN'n FUN;however,it must remain parked on that Exhibit Space for the duration of the Fly-In. Passenger vehicles will not be allowed at or on Exhibit Space.All trucks and trailers must park in the designated storage lot Vehicles improperly parked will be towed at owner's expense. PETS:With the exception of service animals,no other animals of any kind are permitted in the Exhibit Areas. CERTAIN VEHICLES PROHIBITED:The use of all terrain vehicles(ATVs),bicycles,golf carts,mini-bikes,roller blades,scooters and skateboards by Exhibitors at the Fly-1n is strictly prohibited. HANDICAPPED PARKING:Check withHandicappedHospitalftyCenterat Main Registration. NATURE OF EXHIBITS: Only those products documented on this License as approved by SUN'n FUN shall be allowed to be sold or shown at Exhibitor's Exhibit Space. Food,drinks,coin-operated games,raffles,film,solicitations,charitable or otherwise,or sales of credit cards or phone cards,or items bearing off-color material,in the sole and exclusive determination of SUN'n FUN,shall not be allowed. LOGO USE:Any item depicting the SUN'n FUN name or trademark logos or any part thereof is prohibited and shall be confiscated by SUN'n FUN. ELECTRIC SERVICE:Each Exhibit Space designated for electric service has 20 amps/110 volts provided.No additional receptacles are available. SUBLICENSING OF EXHIBIT SPACE—ASSIGNMENT OF LICENSE IS PROHIBITED:Exhibitors shall not sublicense any Exhibit Space in whole or part,nor display any goods other than those approved by SUN'n FUN and manufactured or sold by Exhibitor in the regular course of business.In no event shall Exhibitor,Indoor or Outdoor,grant to any person or entity permission to share Exhibit Space or to occupy adjacent Exhibit Areas.Exhibitors shall not assign this License. SOLICITATION OF BUSINESS-RESTRICTIONS: Solicitation will be confined to the Exhibit Areas and to those persons or firms who are bona fide Exhibitors by virtue of paying in full for Exhibit Space and being a party to this License.Exhibitor shall not conduct business outside Exhibitor's assigned Exhibit Space. CAMPING:Exhibitors are permitted to camp in an R.V on their Outdoor Exhibit Space.There will be a$150.00 charge for electricity where it applies.Tent camping and pop-up campers are prohibited on Exhibit Spaces.Exhibitors camping in the SUN'n FUN Campground must pay the posted fee at Camper Registration. SECURITY:Security personnel will be on duty 24 hours a day beginning al 8 a.m.Tuesday,April 9,2013,through and including Sunday,April 14,2013 until 9:00 p.m. INSURANCE.LIABILJTLWDEMNITY$ELEASE AND HOLD HARMLESS:SUN'N FUN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CLAIM,LIABILITY,LOSS,DAMAGE, OR PERSONAL INJURY,INCLUDING DEATH,WHICH MAY OCCUR TO THE EXHIBITOR,TO THE EXHIBITOR'S AGENTS,REPRESENTATIVES,SERVANTS,EMPLOYEES, CUSTOMERS,PROVIDERS,SUPPLIERS,AND/OR GUESTS,OR TO THE EXHIBITOR'S PROPERTY FROM ANY CAUSE WHATSOEVER AT ANY TIME. THE EXHIBITOR HEREBY EXPRESSLY RELEASES SUN'N FUN FROM AND AGREES TO INDEMNIFY AND HOLD SUN'N FUN HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITY,LOSS, DAMAGE,OR PERSONAL INJURY,INCLUDING DEATH AND FROM AND AGAINST PROPERTY DAMAGE OF ANY TYPE OR NATURE. WITHOUT LIMITING THE FOREGOING, SUN'N FUN SHALL NOT BE RESPONSIBLE FOR THE LOSS OF ANY EXHIBIT OR PART THEREOF BECAUSE OF FIRE OR LIGHTNING,WIND STORM OR HAIL,SMOKE, EXPLOSION,RIOT OR CIVIL COMMOTION,VANDALISM OR MALICIOUS MISCHIEF,BURGLARY,ROBBERY,HOLD-UP,WATER DAMAGE,STRIKE,OR ANY ACCIDENT INVOLVING DAMAGE TO PROPERTY OR GOODS IN TRANSIT,OR FOR ANY PERSONAL INJURY,INCLUDING DEATH,THAT MAY OCCUR TO THE EXHIBITOR,TO THE EXHIBITOR'S AGENTS,REPRESENTATIVES,SERVANTS,EMPLOYEES,CUSTOMERS,PROVIDERS,SUPPLIERS,AND/OR GUESTS,OR TO THE EXHIBITOR'S PROPERTY FROM ANY CAUSE WHATSOEVER AT ANY TIME OR FOR ANY EXPOSURE TO ANY CLAIMS,LIABILITY,LOSS,DAMAGE,OR PERSONAL INJURY INCLUDING DEATH. SUN'N FUN REQUIRES THAT THE EXHIBITOR OBTAIN,AT ITS EXPENSE,ADEQUATE INSURANCE COVERAGE PRIOR TO THE FLY-IN TO INSURE ITSELF AND TO NAME SUN'N FUN AS AN ADDITIONAL INSURED AGAINST ANY CLAIMS,LIABILITY,LOSS,DAMAGE,OR PERSONAL INJURY,INCLUDING DEATH,AND PROPERTY DAMAGE,WHETHER DURING TRANSIT OR WHILE AT OR DURING THE FLY-IN. PUBLIC LIABILITY:EACH EXHIBITOR SHALL PROVIDE PUBLIC LIABILITY AND EMPLOYEE COMPENSATION INSURANCE POLICIES WHICH SHALL INCLUDE COVERAGE ON AND TO THE EXHIBITOR'S PROPERTY AND ON AND TO THE EXHIBITOR'S AGENTS,REPRESENTATIVES,SERVANTS,EMPLOYEES,PROVIDERS,AND/OR SUPPLIERS WHILE SUCH PROPERTY AND SUCH AGENTS,REPRESENTATIVES,SERVANTS,EMPLOYEES,PROVIDERS,AND/OR SUPPLIERS ARE AT,ON,IN,ENTERING,OR LEAVING THE FLY- IN SITE. IN ADDITION,THE PUBLIC LIABILITY INSURANCE POLICY SHALL INCLUDE COVERAGE ON AND TO THE EXHIBITOR'S AGENTS,REPRESENTATIVES,SERVANTS, EMPLOYEES,CUSTOMERS,PROVIDERS,SUPPLIERS,AND/OR GUESTS AT,ON,IN,ENTERING,OR LEAVING THE EXHIBITOR'S EXHIBIT SPACE OR EXHIBIT AREA. THE INSURANCE POLICIES REQUIRED BY THIS LICENSE SHALL INCLUDE COVERAGE FOR ANY PERSONAL INJURY INCLUDING DEATH AND PROPERTY DAMAGE AND SHALL NAME SUN'N FUN AS AN ADDITIONAL INSURED. THE MINIMUM LIABILITY AMOUNT FOR ANY OF SUCH INSURANCE POLICIES SHALL BE$1,000,000.00. ALL CERTIFICATES OF SUCH INSURANCE SHALL BE FURNISHED TO SUN'NFUNONOR BEFORE MARCH 1,2013,AS A PRECONDITION TO EXHIBITOR ENTERING SUN'N FUN'S PROPERTY INCLUDING THE FLY-IN SITE AND THE ASSIGNED EXHIBIT SPACE. EXHIBITOR'S INSURANCE POLICIES SHALL RESPOND ON A PRIMARY BASIS WITH ANY INSURANCE CARRIED BY SUN'N FUN TO BE CONSTRUED AS SECONDARY OR EXCESS INSURANCE. SAFETY:No smoking,explosives,inflammables,or other dangerous items will be allowed in the Exhibit Areas. Decorations must be flame resistant. Those Exhibitors conducting demonstrations utilizing open flame,such as welding torches,must furnish appropriate safety equipment,including a fire extinguisher,and must have their demonstrations approved in advance by the SUN'n FUN Safety and Exhibit Chairman.All Outdoor Exhibitors are required to have a 2A1OBC fire extinguisher in their Exhibit Spaces. AIRCRAFT DISPLAYS:Display aircraft are expected to and shall remain at(heir Exhibit Spaces.Movement to and from the flight line is discouraged and limited to the following hours: 7:00 a.m.until 8:00 a.m. 12:00 NOON until 1:00 p.m. After the airshow until dusk. Only those aircraft having access to the taxiway without causing another display to be moved or dismantled may be taken out of an Exhibit Area.Please plan accordingly. AIRCRAFT SAFETY:SUN'n FUN requires That all aircraft in a Display or Commerdal Exhibit Area disable the aircraft by(1)Removing the lead from the starter or(2)Disconnecting the battery or(3) Sparkplug leads must be disconnected.Aircraft must remain in that condition until ready to depart the Area. GOVERNING LAW:This License shall be governed by and construed in accordance with the laws of the Stale of Florida. ATTORNEYS'FEES,VENUE,AND WAIVER OF TRIAL BY JURY: In any action brought to enforce or to interpret this License,the prevailing party shall be entitled to recover its costs and reasonable attorneys'fees including,without limitation,attorneys'fees incurred in connection with any appeal or certiorari proceeding,and the sole and exclusive venue of any such action shall be in the Circuit or County Court of Polk County,Florida,or in the United States Distnct Court for the judicial district in which Polk County,Florida,is or may be located.SUN'n FUN and Exhibitor renounce and waive any right to have any such controversy litigated,arbitrated,mediated or resolved by any other legal or quasi-legal proceeding in any other place whether pursuant to the doctrine of forum non conveniens or otherwise.SUN'n FUN and Exhibitor renounce and waive any right whatsoever to a final by jury.For the purposes of this License'any action brought to enforce or to interpret this License"shall be construed to mean litigation,arbitration,mediation,and any other legal or quasi-legal proceeding. MODIFICATION,REVISION,OR AMENDMENT:This License shall not be modified,revised,or amended except by an instrument in writing agreed to and signed by SUN'n FUN and the Exhibitor. INVALID OR VOID PROVISION:If any pan of this License shall prove to be invalid or void,it shall in no manner affect or impair any of the remaining provisions of this License which can be given effect without the invalid or void part. Exhibitor acknowledges and agrees to be bound by the SUN'n FUN Fly-In Rules and Regulations set forth above on this Page Two. Exhibitor Authorized Signature Date Exhibitor Representative SUN'n FUN reserves the right in its sole and exclusive discretion to bar any exhibit,person,or entity that is not in keeping with the character or purpose of SUN'n FUN,as determined solely and exclusively by SUN'n FUN.SUN'n FUN is a private,non-governmental entity and controls all access to the Fly-In and all access and use of and to its property and exhibit site and reserves the right to exclude anyone at any time from the Fly-In.The Internal Revenue Service has determined that SUN'n FUN is a tax exempt entity pursuant to section 501(0(3),Internal Revenue Code. Packet Page -2062- Re°.6/12