Backup Documents 11/12/2013 Item #16D 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP.' D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
it the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
han Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
_exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
_Route to Addressee(s) (List in routing order) Office Initials Date
1.
3. Colleen Greene County Attorney Office ,p/� u '
-4. BCC Office Board of County G1�
Commissioners S7 1``vcc3
5. Minutes and Records Clerk of Court's Office �7\
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PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Natali Betancur -- - -- Phone Number 239-252-4059
_Contact/ Depar tinent
Agenda Date Item was 11/12/13✓ Agenda Item Number 16D7✓
Approved by the BCC
Type of Document Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
- Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
-1. Does the document require the chairman's original signature? NB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be NB --
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the NB
document or the final negotiated contract date whichever is applicable.
-6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
_ time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/12/13and all changes made during the NB
meeting have been incorporated in the attached document. The County Attorney's
_ Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th- J"
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 D7
MEMORANDUM
Date: November 22, 2013
To: Natali Betancur, Operations Analyst
Park & Rec's Beach & Water Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement with Sunshine State BMX Association, Inc. to host
the BMX Florida Cup Series Qualifier at Naples Wheels Park
Attached is an original copy of the contract referenced above, (Item #16D7) approved
by the Board of County Commissioners on November 12, 2013.
The second original will be held on file in the Minutes and Records Department for
the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1607
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y(ne,State BMX Association .� �'�
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SSA Florida Cup Series /SCR Race Weekend Agreement
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.
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• 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.
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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.
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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. IV
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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 directo s en an as-needed basis.
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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.
,9111-X.//74,-.), " ill!
John Pingol Ao` 3l//3 Collier Cou ty Representative
President Jeorgia A. Hiller, Esq.
Sunshine State BMX Association, Inc. Chairwoman
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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.
Item#
Agenda 111.2d3
Date
Date '\,_
Rec'd i
• ack Rep SA-President e
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