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Agenda 10/23/2018 Item #16K 910/23/2018 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a mediated Settlement Agreement and Site License Agreement to settle the civil litigation styled Wannagofast, LLC v. Collier County Board of County Commissioners, serving as the Collier County Airport Authority, Case No. 17- 0380, now pending in the 20th Judicial Circuit Court in Collier County; and authorize payment of a Mediation Invoice in the amount of $1,518.75. OBJECTIVE: To settle a breach of contract claim in a manner which is beneficial to both parties. CONSIDERATIONS: Plaintiff, Wannagofast, LLC, is a nationwide auto racing event company that specializes in utilizing airport runways for high speed, high -end auto racing events. On November 15, 2016 (Item 16G2), the Collier County Airport Authority (“Airport Authority”) and Wannagofast entered into a Site License Agreement authorizing Wannagofast to use the Immokalee Airport, Runway 9-27, to host its car racing event for March 2017. As set forth in the Executive Summary which requested approval of this agreement, it was noted that in addition to the proposed leasing fee of $18,900, potential ancillary benefits included an estimated 4,000 public participants and spectators that would patronize local hotels, restaurants and other businesses during the event time period. The event is scheduled to run four (4) consecutive days. Subsequent to entering into the Agreement with Wannagofast, the Airport Authority sought approval from the Federal Aviation Administration (“FAA”), which approval was denied. Based on the FAA denial, the Airport Authority unilaterally cancelled the event. In response to the cancellation, Wannagofast commenced a lawsuit against the Airport Authority, based upon breach of contract. The parties attended Court Ordered Mediation which commenced on February 14, 2018. Wannagofast had been seeking damages in excess $150,000 based on cancellation of the event, which amount the County disputed. The parties ultimately agreed to settle this dispute, with the key terms being as follows: 1. Wannagofast could host up to two events each calendar year, starting in 2019 through and including 2023. 2. Wannagofast would pay the Airport Authority a leasing fee as follows: the first event in 2019 there would be no fee; for the next four events (2 through 5) the fee would be $9,450 each; and for events 6 through 10, the fee would be $15,000. 3. Each event would be subject to approval from the FAA and the Florida Department of Transportation (“FDOT”), which approval the Airport Authority would use its best efforts to obtain. 4. The Airport Authority would pay Wannagofast’s portion of the Mediator’s Fees ($1,518.75) for the Court-Ordered Mediation (normally each party would each pay half the mediator’s fee). 5. The Airport Authority would not enter into a similar deal with a Wannagofast competitor during the term of the agreement. The Settlement Agreement is subject to both FAA and FDOT approval, which was recently obtained. FDOT’s approval came with the following reservation: “The Department maintains concerns related to the event. Therefore, the decision to host such event could potentially elevate the airport’s risk factors, which in turn could jeopardize future state funding opportunities.” Staff recognizes the concerns and will comply with the FDOT requirement to secure a “full and detailed damage assessment by a Professional 16.K.9 Packet Pg. 1936 10/23/2018 Engineer” pre- and post-event. To memorialize the settlement, the parties have agreed to a revised Site License Agreement, whi ch is substantially identical to the original, Board-approved agreement. The Agreement includes stringent insurance requirements, required by Collier County Risk Management Division, and indemnification language. The County Attorney and Airport Authority Staff support approval of the revised Site License Agreement and Settlement Agreement. FISCAL IMPACT: Mediation fees incurred at the Court Ordered mediation on February 14, 2018 of $1,518.75, in addition to the anticipated engineering assessment fees in the estimated amount of $6,000 are available in Fund 495, Immokalee Cost Center 192330. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - JAK RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Settlement Agreement and Site License Agreement to end the civil litigation styled Wannagofast, LLC v. Collier County Board of County Commissioners, serving as the Collier Count y Airport Authority, Case No. 17-0380 now pending in the 20th Judicial Circuit Court in Collier County; and authorize payment of a Mediation Invoice in the amount of $1,518.75. Prepared by: Jeffrey A. Klatzkow, County Attorney, and Colleen M. Greene, Assistant County Attorney ATTACHMENT(S) 1. Mediated Settlement Agreement (PDF) 2. Site License Agreement (PDF) 3. Federal Aviation Administration - September 20, 2018 (PDF) 4. Florida Department of Transportation - October 8, 2018 (PDF) 16.K.9 Packet Pg. 1937 10/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.9 Doc ID: 7044 Item Summary: Recommendation to approve and authorize the Chairman to sign a mediated Settlement Agreement and Site License Agreement to settle the civil litigation styled Wannagofast, LLC v. Collier County Board of County Commissioners, serving as the Collier County Airport Authority, Case No. 17-0380, now pending in the 20th Judicial Circuit Court in Collier County; and authorize payment of a Mediation Invoice in the amount of $1,518.75. Meeting Date: 10/23/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 10/12/2018 10:17 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/12/2018 10:17 AM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/12/2018 10:29 AM Airport Authority Justin Lobb Additional Reviewer Completed 10/12/2018 10:52 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/12/2018 11:10 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/12/2018 2:45 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2018 2:56 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 4:33 PM County Attorney's Office Emily Pepin CAO Preview Completed 10/12/2018 4:56 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/15/2018 9:47 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/16/2018 3:18 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM 16.K.9 Packet Pg. 1938 MEDIATED SETTLEMENT AGREEMENT BETWEEN COLLIER COUNTY AND WANNAGOFAST, LLC. This Mediated Settlement Agreement, dated this - day of - 2018, shall serve as supplemental terms and conditions to the Site License Agreement between the parties Collier County and Wannagofast, LLC. RECITALS: WHEREAS, on November 15, 2016, the parties entered into a Site License Agreement, a copy of which is attached as Exhibit A; and WHEREAS, the parties did not proceed with the agreement as contemplated, which led to a dispute now pending in the Circuit Action entitled Wannagofast, LLC v. Collier County Board of County Commissioners serving as the Collier County Airport Authority (Case No. 17- 0380-CA); and WHEREAS, the parties engaged in Court-Ordered Mediation on February 14,2018, and agreed to resolve the matter, pending FAA approval, with the parties getting into a multiyear use agreement, which benefitted both parties; and WHEREAS, the proposed settlement was not approved by the FAA, who insisted on the right to approve each event separately, as well as requiring the County to get FDOTT approval for each event; and WHEREAS, the parties wish to resolve the dispute under the terms and conditions set forth the revised Site License Agreement and in this Mediated Settlement Agreement; and NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: l. The Parties agree that the first racing event is scheduled to be held in 2019 as defined in the revised Site License Agreement (attached as Exhibit o'A"); and 2. LICENSEE may request to host up to two events each calendar year, starting in 2019 through and including2}23; and 3. LICENSEE shall advise the AUTHORITY of the proposed event dates in writing 120 days prior to the event. AUTHORITY will work with LICENSEE to confirm the dates. LICENSEE may hold two events per year at LICENSEE'S discretion and shall reserve the right to waive the holding of events at its discretion; and I The potential requirement for FDOT approval was raised by the FAA. To the extent FDOT determines that the event is outside its jurisdiction or is otherwise not subject to FDOT approval and the FAA approves the event without FDOT approval, then FDOT approval shall no longer be a condition of this Agreement. I l 7-cA-380/140 1362/l ] .'i-., o ,,', 16.K.9.a Packet Pg. 1939 Attachment: Mediated Settlement Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case 4. LICENSEE shall pay the AUTHORITY, a leasing fee as follows: the first event in2019 there shall be at no leasing fee to LICENSEE; the next four events (2 through 5) the leasing fee shall be $9,450 each; and events 6 through 10, the leasing fee shall be $ 15,000 each plus applicable taxes, for the event for the use of the site. LICENSEE shall pay a deposit of two thousand and five-hundred dollars ($2,500) upon confirmation of the event date. This deposit will be refunded at the completion of the event. The full leasing fee shall be paid, in full, thirty (30) days prior to the first on-site date; and 5. LICENSEE understands that any exotic auto racing event held by Wannagofast, LLC. is subject to approval from the FAA and the Florida Department of Transportation ("FDOT"), which approval AUTHORITY will use its best efforts to obtain, but which efforts will not include filing an administrative appeal or otherwise contesting an adverse decision by either the FAA or the FDOT; and 6. All terms and conditions in the Site License Agreement shall remain in force. The terms and conditions in this Mediated Settlement Agreement are supplemental terms to the Site License Agreement; and 7 . The AUTHORITY shall pay all of the Mediator's Fees for the Court-Ordered Mediation on February 14,2018; and 8. The parties recognize that there is a limited market for exotic racing events, which is easily saturated, and that such activity needs to be limited for the safe and continuous operation of the Airport. Accordingly, LICENSEE agrees to request and to conduct no more than two events per year, with each event subject to approval by the FAA and FDOT, and in consideration, AUTHORITY shall not conduct, or authorize to be conducted, a similar event during the term of this agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: CRYSTAL KINZEL, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:By: , Deputy Clerk ved as to form and lesality: ANDY SOLIS, CHAIRMAN Colleen M. Greene, Assistant County Attorney .{.-\ iL.t{:iiI r 7-cA-380/13991 25ll] 16.K.9.a Packet Pg. 1940 Attachment: Mediated Settlement Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case AS TO WANNAGOFAST, LLC Signed, sealed and delivered in the presence of: By: Signature Blake Hutchison, President Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this day of -, 2018, by , who is personally known to me or has produced as proof of identity. INOTARIAL SEAL] Signature of Person Taking Acknowledgment r 7-cA-380/699 I l 7-cA-380/1399125/l ](cA(}j 16.K.9.a Packet Pg. 1941 Attachment: Mediated Settlement Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case SITE LICENSE AGREEMENT: EXOTIC AUTO RACING EVENT AT IMMOKALEE REGIONAL AIRPORT SITE LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AU. THORITY AND WANNAGOFAST, LLC APPROVING THE USE OF COUNTY.OWNED PROPERTY FOR THE PURPOSE OF HOLDING AN EXOTIC CAR RACING EVENT. By this SITE LICENSE AGREEMENT entered into this day of_,2018 by and between the Board of County Commissioners of Collier County, in its capacity as the Collier County Airport Authority, whose mailing address is in care of Airport Authority Director, 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, ("AUTHORITY") and WANNAGOFAST, LLC whose mailing address is 403 Juniper Street Destin, Florida 32451, ("LICENSEE"). WHEREAS, the Parties recognize that the Immokalee Regional Airport is designed by the State of Florida as a Rural Area of Opportunity, the purpose of which is to revitalize economically distressed areas; and WHEREAS, the Board of County Commissioners seeks to support both the Immokalee Re- gional Airport by increasing its revenue sources, including those which are non-aviation related, and the economy in Immokalee in general by supporting local events which may beneht the com- munity. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS CON- TAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The AUTHORITY hereby licenses real property in Collier County, Florida, described as the active Runway 9-27, Taxiway Bravo, and a drag strip (closed Runway 4-22) at the Immokalee Airport, for the purpose of holding an exotic racing event. The subject of this Agreement is further shown on the attached Exhibit "A", hereinafter referred to as o'Property.o'Public and all vehicular parking shall also be delineated on the map/diagram attached to this Agreement included in Exhibit ooA." Personnel shall be utilized by LICENSEE to ensure that all parking at the event is conducted according to the attached Exhibit "A." LICENSEE shall be allowed to enter upon the Property for a four day period. 2. The approval of the use of the Property by the LICENSEE shall extend from 6:00 am to l0:00pm for four consecutive days (one day for setup, two weekend days for the actual event, and one day for cleanup and removal) . LICENSEE shall advise the AUTHORITY of the proposed event dates in writing 120 da),s prior to the event. AUTHORITY will work with LICENSEE to confirm the dates and advise LICEN- SEE of any potential concerns or conflicts. The event is subject to FAA and possibly Florida De- partment of Transportation ("FDOT") approval:l the AUTHORITY agrees to work with the FAA I The potential requirement for FDOT approvaL was raised by the Fea. To the extent FDOT determines that the event is outside it,s jurisdiction or is oth- erwise not subjecE t,o FDOT approvaf and the FAA will approve t,hg3yg4! EXHIBIT*A ff^'-{i t' i r 16.K.9.b Packet Pg. 1942 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- and FDOT to seek approval for additional events should the LICENSEE request to hold additional events at the Immokalee Airport. In the event the LICENSEE should fail to return the Property to its pre-event condition after 6:00pm on the Monday following the event, the County shall impose a penalty of $ 1,000 per hour or portion thereof. 3. LICENSEE shall prevent any use of the Property which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard,and will restrict the height of structures; objects of natural growth and other obstructions on the Property such height as to comply with Federal Aviation Regulations, Part 77.The event will require a temporary closure of Runway 9-27 and associated connector taxiways, filed via Notice to Airmen (NOTAM) by Au- thority staff to the applicable FAA Flight Service Station. The active Runway 18-36 and associated taxiways shall remain open and available for air traffic at all times. 4. The LICENSEE shall monitor, control, and assume responsibility for all activities, vendors, licensees, and invitees associated with such event, such responsibility not being limited to trash collection and clean-up of the Property. The LICENSEE accepts the property "as is." AUTHOR- ITY shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. The LICENSEE agrees to provide adequate personnel for the timely removal all event items and remnants. 5. The LICENSEE shall acquire any and all permits required by Collier County and any other governmental entity including and not limited to waiver, to conduct such event and related activi- ties on the Property prior to the dates of the intended event. Said permits are issued by the Planning and Permitting Department located within the Collier County Growth Management Division build- ing on Horseshoe Drive. 6. For the 2019 event, the LICENSEE shall not be required to pay the AUTHORITY, a leasing fee for the use of the site. LICEENSEE shall pay a deposit of two thousand and five- hundred dollars ($2,500) upon the confirmation of the event date. This deposit will be refunded at the completion of the event. 7. NON-PERMANENT IMPROVEMENTS: Prior to making any changes, alterations, addi- tions or improvements to the Property, the LICENSEE will provide to AUTHORITY staff, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The LICENSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all govemmental agencies. All alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if AUTHORITY's staff so di- rects, the LICENSEE shall promptly remove the additions, improvements, alterations, fixtures and wi-thout. FDOT approval, t.hen FDOT approval shall no longer be a condition ofany aspecE or section of this Agreement. ,f"l-." iL,+.'1-.;1 16.K.9.b Packet Pg. 1943 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- installations which were placed in, on, or upon the Property by the LICENSEE, and repair any damage caused to the Property by such removal. 8. This Agreement hereby expressly adopts and incorporates by reference as if fully set out herein the attached Exhibit o'B": the Collier County Airport Authority Contract Insurance Require- ments. All terms and conditions of such Agreement are deemed to apply to this Site License Agreement and LICENSEE expressly agrees to abide by the conditions listed in Exhibit "B." LI- Cf,NSpp agrees to provide greater insurance to that required by Exhibit ooB" and shall provide $2 million dollar Commercial General Liability Insurance with Collier County named as an additional insured for the event. g. The LICENSEE, shall indemnify, defend and hold harmless Collier County, the AU- THORITY, the Board of County Commissioners and all of each entity's respective agents and employees from and against any and all liability (statutory or otherwise), damages, claims suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LICENSEE'S use of the Property, (B) any work or thing whatsoever done, or any condition created (other than by AUTHORITY, its employees, agents or contractors) by or on behalf of LICENSEE in or about the Property, (C) any condition of the obligations under this Agreement, or (D) any act, omission or negligence of LICENSEE or its agents, contractors, employees, sub- tenants, licensees, invitees or patrons. In case any action or proceeding if AUTHORITY shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to AUTHORITY. The AUTHORITY shall not be liable for any injury or damage to person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a govemmental authority in construction of any public or quasi-public works. The AUTHORITY shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Property or any part thereof, and the LICENSEE agrees to hold the AUTHORITY harmless from any claims or damage, except where such damage or injury is the result of the gross negligence or willful misconduct of the AUTHORITY or its employees. The County shall not be responsible for any loss, theft or damage to any vehicle using the desig- nated vehicle parking area. The LICENSEE, throughout the term of this Agreement, at its own cost, and without any expense to the AUTHORITY, shall keep and maintain the Property in good, sanitary and neat order, con- dition and repair, and shall abide with all lawful requirements. Such repair shall include, but not be limited to, painting, fixtures and appurtenances (airfield lighting, signage, and markings). If the Property is not in such compliance in the reasonable opinion of AUTHORITY, the LICENSEE will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, AUTHORITY may cause the same to be corrected and LICENSEE shall promptly reimburse Authority for the ex- penses incurred by AUTHORITY, together with a 5% administrative fee. iC,r'.{i I 16.K.9.b Packet Pg. 1944 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 10. The LICENSEE covenants and agrees not to assign this Agreement or to permit any other persons to occupy same without the prior written consent of the AUTHORITY. I 1. Neither the AUTHORITY nor LICENSEE shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When LICENSEE has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely perfor- mance of this SITE LICENSE AGREEMENT, LICENSEE shall immediately give notice thereof, including all relevant information with respects to what steps LICENSEE is taking to complete delivery of the goods and/or services to the AUTHORITY. 12. Any notice to be given by either party to the other pursuant to the provisions of this Agree- ment shall be in writing, but may be delivered by mail, fax, email or any other means of actual written notice. Notice shall be effective upon actual receipt by the addressee. 13. The AUTHORITY and LICENSEE specifically agree that this Agreement represents a Bare License with no interest coupled thereto for the LICENSEE'S use of the Property and does not convey any estate in the Property or create any interest whatsoever. 14, The LICENSEE represents and warrants to the AUTHORITY that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. At termination of this Agreement, at no cost to the AUTHORITY, the AUTHORITY may request that the LI- CENSEE conduct and provide to the AUTHORITY an environmental audit, which shall contain a written declaration from an environmental consultant acceptable to AUTHORITY, which verifies that the Property which is the subject of this Agreement is in compliance with all applicable State and Federal environmental laws, and that the property surrounding the Property is free from con- tamination. The LICENSEE acknowledges its obligation hereunder for the cost of conducting the environmental audit, bringing the subject facilities into compliance and any and all costs for clean up, removal and remediation, if any, but only if such clean up, removal and remediation is the result of acts of the LICENSEE during the period of the event. LICENSEE shall not be responsible for clean up, removal and remediation of any existing environmental condition prior to the date of the event. 15. The LICENSEE shall be responsible for paying all applicable sales taxes, and charges as- sociated with or resulting from the holding of this event. 16. The LICENSEE shall be allowed to utilize water on AUTHORITY's Property, if available, without any cost to the LICENSEE. 17. At its sole cost and consistent with County requirements for special events, LICENSEE shall be required to provide portable lavatories and dumpsters, on the Property during the event and remove said portables and lavatories following the event. 18. At its sole cost and consistent with County requirements for special events, the LICENSEE shall be responsible for contracting bona-fide security or police and fire protections and any other emergency medical personnel, for crowd and/or traffic control in sufficient numbers to protect the t{rl..{;1 16.K.9.b Packet Pg. 1945 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- health welfare and safety of the public attending the event. LICENSEE shall be solely responsible for obtaining and compensating personnel to handle all parking requirements. Parking require- ments include personnel necessary for the maintenance of the adequate and acceptable flow of trafhc entering and leaving the event. If LICENSEE fails to provide such personnel and County staff, agents, employees or workers must be used to handle traffic congestion issues; LICENSEE shall reimburse Collier County for such costs. lg. LICENSEE agrees that its use of the Premises will not create any public or private nuisance and that the activities shall be conducted in accordance with all Federal, State, and local laws and in full accord with the Collier County Risk Management Emergency and Safety Operations at Motorsports Venues Program (ESOMV), Exhibit "C." 20. Rules and Regulations. Lessee shall comply with the Authority's published Rules and Reg- ulations for this airport, which are on file at the address set forth above, as such regulations may be amended from time to time by the Authority including such reasonable and uniform landing fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Airport. Lessee shall also comply with any and all applicable goverrlmen- tal statutes, rules, orders and regulations. 21. This Agreement is governed and construed in accordance with the laws of the State of Flor- ida. This License shall not be construed for or against a party because that party wrote it. Any action or proceeding arising from this License shall be brought only in a state court of competent jurisdiction in Collier County. The parties waive any right to a jury trial in an action or proceeding arising out of this License. 22. Limitation on Use. The parties recognize that there is a limited market for this activity, which is easily saturated, and that such activity needs to be limited for the safe and continuous operation of the Airport. Accordingly, LICENSEE agrees to request and to conduct no more than two events per year, with each event subject to approval by the FAA and FDOT, and in consider- ation, AUTHORITY shall not conduct, or authorize to be conducted, a similar event during the term of this agreement. 23. LICENSEE agrees to use the dragstrip/taxiway as a staging area for vehicle warm-up in an effort to reduce wear and tear on the runway. 24. The Parties recognize that the Immokalee Regional Airport is designated by the State of Florida as a Rural Area of Opportunity whose purpose is to revitalize economically distressed areas. In recognition of this, LICENSEE agrees to provide local vendor preference, at its sole and absolute discretion, when seeking vendors for the event, and where practical, at its sole and abso- lute discretion, to employ local workers when staffing the event. 25. The LICENSEE agrees that it will return the runway to the AUTHORITY in the same condition as prior to the event, including but not limited to power washing the starting line to remove any potential residue left on the runway following the event. ;( *.'. r';l 16.K.9.b Packet Pg. 1946 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 26. This Agreement is conditioned upon its approval by the FAA and FDOT. The Parties agree to stay the proceedings for 90 days from the date of Mediation (February 14,2018) in the Circuit Action entitled Wannagofast, LLC v. Collier County Board of County Commissioners serving as the Collier County Airport Authority (Case No. 17-0380-CA) to allow the AUTHORITY to secure FAA and FDOT approval for this event as set forth herein. Should the FAA and/or FDOT fail to approve the event by that timeframe (by May 16,2018), the Parties agree to further discuss reso- lution before proceeding with the litigation. Any party seeking to have the Court re-set the matter for trial shall certify in its notice/request/motion that it made a good faith effort to resolve the matter prior to asking for the matter to be re-set for trial. 28. The AUTHORITY agrees to submit its request for approval to the FAA and FDOT within two weeks of finalizing this Amendment between the Parties. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the day and year first above written. AS TO LICENSEE:WANNAGOFAST, LLC BLAKE HUTCHISON, President WITNESS (signature) (print name) WITNESS (signature) By: (print name) AS TO THE COUNTY: Attest: CRYSTAL KINZEL, Clerk BOARD OF COLINTY COMMISSIONERS OF COLLIER COUNTY, FLOzuDA, serving as the COLLIER COUNTY AIRPORT AUTHORITY By: ANDY SOLIS, CHAIRMAN By: , Deputy Clerk proved as to form legality: 1r'- p"1; ; 61leen M. Greene, Assistant County Attorney 16.K.9.b Packet Pg. 1947 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- trx 16.K.9.b Packet Pg. 1948 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 2. I EmploYer's LiabilitY S-single limit Per occurrence [l Commercial General Bodily lnjury and Property Damage Liability (Occurrence Form) patterned afterthe.rrrunt 52,000,000 single limit per occurrence, $2,OOO,OOO aggregate for Bodily lnjury lsoformLiabilityandPropertyDamageLiability.ThisshallincludePremisesand operations;lndependentContractors;ProductsandCompletedoperationsand Contractual LiabilitY 4. [] lndemnification To the maximum extent permitted by Florida law, the Lessee 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 Lessee or anyone employed or utilized by the Lessee 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 indemnifiedpartyorpersondescribedinthisparagraph.Thissectiondoesnot pertain to any incident arising from the sole negligence of Collier County' S 1.000,000 Each Occurrence; Bodily lnjury & Property Damage' Owned/Non-owned/Hired; Automobile lncluded 6. Exhibit B lnsurance and Bonding Requirements- Airport Facility Leases nAviationTenantfiNon.AviationTenant lnsurance / Bond Type Required Limits i,--X *"rner,sCompensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 4. I Automobile LiabilitY 5. tr other insurance as noted: fl Rirport Liabllity lnsurance S bodily injury and ProPertY damage ! Hangarkeepers LiabilitY aircraft including premise liability f] Aircraft Liability lnsurance bodily injurY and ProPertY damage E Pollution Liability lnsurance bodily injurY and ProPertY damage Per Occurrence S - Per Occurrence Per S -Per Occurrence S - Per Occurrence f] eroperty lnsurance - Replacement Cost-AIl Risks of Loss I Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. ffi cottier County must be named as "ADDITIoNAL INSURED" on the lnsurance Certificate for Commercial General LiabilitY where required I fne Certificate Holder shall be named as Collier County Board of County Commissioners' OR' Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County' The Certificates of lnsurance must state the name of the Lease and location of the leased property. 9. X rhirty (go) iq-r1ii EXHIBIT g wannaGOFAST, LLC Cancellation Notice required. 16.K.9.b Packet Pg. 1949 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- Lessee's lnsurance Statement we understand the Insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this Lease agreement' Name of Firm Lessee Signature Print Name lnsurance AgencY Agent Name Telephone Number wannaGOFAST, LLC 16.K.9.b Packet Pg. 1950 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- EXHIBIT C RISK MANAGEMENT DEPARTMENT STANDARD OPERATI NG PROCEDURE SUBJECT: Emergency and Safety Operations at Motorsports Venues Program (ESOMV) REFERENCE: NFPA 610, poLtcy FoR EMERGENCY AND sAFETy opERATtoNS ATMOTORSPORTS VENUES. EFFECTIVE DATE: 512015 REVISION DATE: 112016 Purpose: The purpose of this document is to provide guidance for the development of a system thal provides for the safety of emergency response personnel and effective emergency operations at motorsports facilities and events through planning, training, and equipping, and through the deployment of necessary resources. Therefore, this written plan is intended to provide a means to address those items and demonstrate Collier County's compliance with the reporting requirements of County Managers Administration (CMA) 5902' NFPA 610 and all other applicable state and/or federal regulations and requirements, tn addition, it is the policy of Collier County to comply with allworkers' compensation laws and regulations. Scopp: This policy applies to motorsports events held at both indoor and outdoor Collier County facitilies, whether temporary or permanent, except for air or water events. This policy is not intended to apply tonon-motorsports events conducted at motorsports venues. lt is also recommended that an implementation plan be developed based on the applicable portions of this policy. Adm in istrative Dptiesi Collier County's Risk Management Department is responsible and the Authority Having Jurisdiction (AHJ) for developing and maintaining this written Emergency and Safety Operitions at Motorsports Venues Program (ESoMV). The Risk Management Department is solely responsible for allfacets ofthe plan and has full authority to make necessary decisions to ensure the success of this plan. Collier County's Safety staff is also qualified, by appropriate training and experience that is commensurate with the complexity of the plan, to administer or oversee our Emergency and Safety operations at Motorsports Venues Program (ESOMV) and to help department supervision implement the program accordingly' Specific management, supervision and employee responsibilities are ouflined within this document. The written ESOMV shall be kept at the following locations: 1. The Risk Management Department maintains a master copy2. Each location that falls under the ESOMV is responsible for ensuring compliance with plan and providing site-specific APPENDIX information at their location in accordance with the policy. Accountabilitv: To ensure the (ESOMV) program and corrective aclions are completed thoroughly and accurately, Risk Management has developed an auditing system that will be used to 101L4/20t6 4;09 PM 16.K.9.b Packet Pg. 1951 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- program' This system of accountability is necessary to ensure that ail EsoMV rerated incidents, craims:::#,ilil':::'#il::',T'ffi[X,",1*d document"o, in**ghry investigateo, saieguaroeo Definifions: Aporoved. Acceptable to the authority having jurisdiction. Authoritv Havinq Jurisdiction (Ah!|tr An organization, office, or. individual responsibre for enforcingl}:.::Tfments of a cod" oir;norro,'o,' ror approving'"iripr"nt, mareriajs, an insrailation, or a , "r,,ln"I3llll primarilv responsibte for resroring a racing surface by mitisating ffi.,I:;.1o.'.,onwheretheincidentcommanderandassociatedstaffarelocatedduring ffi,J5,[:1?Hii::};j.,,i,$J::j:rtsvenueinwhichvehiclescompete, critical lncident stress' An unusuat or traumatic event that creates or might create stress or other 1,,1'r:i:: ;:H}''iljilfffil: *,, r,.," u""n ",po*;'i;ih" ",ent but who ha," not necessariry ffi A straight' open-ended course without turns that genera[y does not incorporate changes in Emerqencv lncident' Any situation to which an emergency services organization responds to deriveremergency services' including rescue, firesuppression, emergency-medicarcare, speciar operations,taw enforcement, and other forms.inlirro controtr;i;it,g;on. [1561, 2oog] ,ffifi::H#,il:lyn',",,on,ibleforprovidingemergencymedical Emeroencv Medical services (EMSr' The provision of treatment, such as first aid, cardiopurmonary :ffi:fl1'J:l,,i$:ffi.T,'ffim:iTr[:;Tri;;;Tiii";pre-hospita,procedures, inc,udins Emerqencv services Personnql' Personnel who are designated by the emergency action plan or whoare operating above the motorsports safety awareness rever to serve in responder or safety rores,including emergency medical p",.aonn"l, ,arshars, vehicre ,"aor"ry personner, rescue personner,security personnel, track fire fighters, ,rJ pit area fire fighters. Event' A planned ,'l]Yiy or gathering of participants in which one or more motorized vehicres areoperated for speed and/or p"tro-.,i.e, which ls conoucteJat a motorsports venue and incrudes,but is not limited to' all related ..tiriti".,'such as , o"rign"t"d race as we, as a, periods for:,ilTffi:'.',i.',lll'31'iL[1[3;ffi::'Jl',:.:r"il:,.Il il;,ffi races, practice runs, exhibitions, post- L0/14/20LG 4:09 pM di^1.+r:1, 16.K.9.b Packet Pg. 1952 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-0380) Motorsoorts Safetv Ooe.rations Level, A designation for the capability expected of operations personnel that pertain to their specific responsibilities and duties as provided by the venue/event incident actionplan. Motorsoorts Safetv Specialist Level. A designation for the capability expected of highly specializedpersonnel that pertains to the performance of their specific areas of rescue or emergency expertise asprovided by the venue/event incident action plan. Motorgoorts Safetv Teghnician Level. A designation for the capability expected of emergencypersonnel that pertains to the implementation of rescue procedures as provided by the venue/event incident action plan. Motorsoorts Venue. A facility or designated area at which motorsports and related activities areconducted. Multi-Casuallv lncident (MCl). An emergency casualty incident involving multiple persons with bodilyinjuries that exceeds the capacity of the medical resources available at the motorsports venue/event. Multi-Use Facilitv' A motorsports venue that incorporates more than one type of course and isadaptable to a variety of motorsports disciplines. A system mandated by Homeland SecurityPresidential Directive 5 (HSPD-S) that provides a consistent nationwide approach for federal, state,local, and tribal governments; the private sector; and nongovernmental organizations to workeffectively and efficiently together to prepare for, respond to, and recover from domestic incidents,regardless of cause, size, or complexity, oi-Track Emeroencv Resoonse. Response to emergencies at a motorsports facility in areas otherthan the competition area and immediately adjacent lreas including, but not limited to, hospitalityareas, concession stands, cooking facilities, grandstands, parking areas, and media areas. Paddock Area, A secured or restricted area in which competition and support vehicles are parked orstaged, or both, and in which work is performed. Pit Area. A designated area in which work is performed on competition vehicles during the race orperformance. Pit Area Fire Fiohter. A fire fighter who is responsible for providing fire suppression in the pit area andwho might be responsibre for fire suppression at the fuering depot, Rescue Personnel. Personnel assigned to extricate injuied or trapped occupants from disabled competition vehicles. Road course. A closed, permanent course on which there are turns in both directions and that mightincorporate changes in elevation. Sanctionino Bodv. The individual or organization responsible for the rules and conduct of thecompetition, L0/L4/?}LG 4:09 PM s'a 16.K.9.b Packet Pg. 1953 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- Security Personnel. Personnel, with or without arrest authority, assigned to control crowds and traffic at a motorsports venue and whose duties might also including checking of credentials and identification and deterring theft. Site Fmeroencv Team. An organized group of trained response personnel operating under an emergency response plan and appropriate standard operating procedures that handles and controls actual or potential emergency incidents and that responds to emergencies for the purpose of control or stabilization of the incident. Street Cifcuit. A closed, temporary course on closed public or private roadways on which there are turns in both directions and that might incorporate changes in elevation. Terrorist Activities. Disruptive or violent actions taken by an organized group or individuals in order to intimidate a population group or civil authorities. Track Clean-Up P-ersonryel (Regtoration). Personnelwhose primary responsibility is to keep the racing surface in proper condition for racing; sometimes called track restoration personnel. Track Emerqencv Medical Persgnnel. Personnel assigned to emergency medical duties on and adjacent to the competition area who respond by ambulance, safety vehicles, other vehicles, or on foot and whose training levels range from first responder to medical doctor. Track Fire Fiohter. A fire fighter primarily responsible for competition area fire suppression activities and possibly extrication efforts. Vehicle Recoverv Personnel. Personnel primarily responsible for the operation of vehicle recovery equipment and the removal of disabled competition vehicles and their components from the competition and adjacent areas. Lolt4/20L6 4:09 PM (c'.tri) 16.K.9.b Packet Pg. 1954 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- SEQTION I : lncident Action Plan (lAP): General. For each motorsports event, an incident action plan (lAP) will be prepared by the venue owner/operator working in conjunction with Risk Management. Changing resources and event characteristics might require ongoing modifications or built-in adaptability. A designated person will be responsible for the maintenance of the plan. For the purpose of this document, an IAP is a formal written plan that defines roles and responsibilities; identifies potential emergency conditions at the event site; and prescribes the procedures and objectives reflecting the overall incidenUevent strategy, tactics, risk management, and member safety to be followed to minimize or prevent loss of life and property. This may also be referred to as an emergency action plan (EAP) or emergency operations plan (EOP). lt will be noted that for the purposes of this document, an IAP does not refer to an IAP as defined by the National Response Framework and the National lncident Management System (NIMS). Leve! of Event. For the purpose of developing lAPs, motorsports events are classified as Level I through Level lll in this document. 1. A Level I motorsports event is an event that is generally perceived as posing less risk of injury than that encountered in legal and responsible travel in an automobile on public roads. Events in this leveltypically have less than 1000 people on site. Examples include, but are not limited to, club or private events held usually in parking lots or other temporary facilities and autocrosses, manufacturer ride and drives, or new car introductions at racing facilities, 2. A Level ll motorsports event is an event that is generally perceived as posing a risk of injury similar to that encountered in legal and responsible travel in an automobile on public roads. Events in this leveltypically have 1000 to 10,000 people on site. Examples would include, but not be limited to, entry-level competitions, noncompetitive driving schools, motorcycle enduros, closed-course rallies, street legal drag racing, stand-alone time trials, or karting or quarter midget competitions. 3. A Level lll motorsports event is an event that is generally perceived as posing a risk of injury higher than those encountered in legal and responsible travel in an automobile on public roads. Events in this leveltypically have greater than 10,000 people on site. Examples include, but are not limited to, oval competitions, speed tests, road course speed events, tractor pulls, monster truck events, drag racing, drifting, or motocross. Statem.ent of Purpose. 1. The IAP will begin with a statement of purpose that defines the goals of the plan. 2, An example of a statement of purpose for a motorsports venue running Level I and ll events is as follows: "This plan defines response systems for on{rack and off{rack incidents. This plan also provides for coordination between the site emergency team response and AHJs to promote an effective response," 3. An example of a statement of purpose for a motorsports venue running Level lll events is as follows: "The purpose of this incident action plan is to provide response procedures to protect people and propefi during an emergency or disaster situation. This plan identifies and assigns personnel to various tasks and responsibilities, thus creating the site emergency team. This plan defines response systems for on-track and off-track incidents. This plan also provides for coordination between the site emergency team response and AHJs to promote an effective response." 4. All parties involved in the operations described in the IAP will know their responsibilities under the plan. 10/14120L6 4:09 PM 1 i:, ,.i i'-, 16.K.9.b Packet Pg. 1955 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 7. Adaotinq IAP to Resources and Event. 1. The IAP will be capable of being scaled to the size and type of event. 2. The IAP will be applied based on the level of event. This requires the owner/operator to address the hazards expected from the type of event planned as well as the expected quantity of persons present. 3. The IAP will identify the number and types of roles necessary to carry out the objectives of the plan, Consistencv with Plans of the Bgard of Countv Commissioners (BCC). 1, The IAP will be consistent with emergency operation plans of the BCC. Motorsports venues are designed in different configurations, based on the type of competition/performance that takes place at a facility. Facilities include, but are not limited to, ovals, drag strips, road courses, street circuits, arenas, major facilities, and multi-use facilities. The facility might be located within a major city or in a rural area. Due to these variables, it is important that the facility, when preparing an lAP, work closely with the local providers of emergency services to incorporate its plan into their communi$ emergency plan. 2. The venue might be responsible for meeting the requirements placed on it by the AHJs beyond the guidelines given in this document. Manaqement Structure. 1. The IAP will define a management structure for handling emergency situations. 2. The management structure will be based on an incident management system (lMS) consistent with NFPA 1561, Standard on Emergency Services lncident Management System. 3. For Level I and ll events, the IAP may depend on the expertise and resources of outside responding agencies and personnel to initiate response and manage the emergency based on the National lncident Management System (NIMS). 4. For Level lll events, venue offlcials and responders will provide a coordinated response based on the NIMS. The IAP will provide for the coordination of efforts by the wide variety of agencies that might interacl in an emergency situation, including event staff, local agencies, state agencies, and federal authorities. The IAP will be provided to all agencies identified in the plan, and such agencies will acknowledge their participating roles in the plan. The IAP will provide for unified command with an incident commander (lC) and a predefined command post location. For Level I motorsports events, such a command post location could be a designated meeting location where coordinators for each of the emergency operations could gather. For Level Il and Level lll motorsports events, the command post might be a flxed facility equipped with communications and command/control technology. The IAP will establish a predetermined area for staging of resources, giving consideration to arrival and depafiure access. 8. {iri{ri I LllL4l20rG 4:09 PM 16.K.9.b Packet Pg. 1956 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 9' The IAP will provide for the creation and d.istribution to participating agencies designated in theplan and to on-site personnel of current site location iniormation that includes significant featureson the property. This information could be disseminateo as a map. However, to provide moreflexibility, some feature?: slc! as gates, might be uettei Jescribed as being located near aseating section or a particular build'ing, rathei tnan Liing lnctuded as part of a map detail. 10' IAP components. The IAP will contain the components specified in 4.l.1through 4.7 .10.4 for allmotorsportsvenues, events, or both. The amountoroetiit includedroreacn componentisdependent on the le-vel of the event, the identifieo naiaros of the event, and the lncident ActionPlan Checktist (see Figure 4.12). Fire Protection Comoonent, 1' The IAP will include fire protection information for the facility and the event. lt is important that theplan include inform.ation.on any materials that presenll'Rre nazaro specific to the event,including their location, the quantity of material,'ano 'no*'il,r" materiali-ii" o-iitriorted, togetherwith the impact the presence of the materials could have on the event or on the personspresent at the event. 2' The IAP will include information on the fire protection available at the venue. This could includeinformation related to fire alarm systems,.standpipe ryrt"rr, sprinkler rvri"rr, lire extinguishingsystems' and fire hydrants or other available ri.t"r rlrrorr.es. the ioei,tincJtiin of the agenciesand amethodto conta.ct those responsiblefor the ,.i,.,Lnrn.e orrepair of theseflreprotection systems are important if a system needs ,"p"ii. - 3' To supplement the fixed fire protection, an inventory of fire suppression vehicles and equipmentscheduled to be on the property and the methods o? contaci for agencies and managementpersonnel responsible for response to firerelat"o .."n.its will be part of an lAp. 4' ThelAPmustincludeidentificationoftheagenciesand amethodto contact those responsibleforthe fire protection of the facility. 1. 4. Traffic Control Comoonent. The haffic control component will include plans for inbound and outbound flow of emergencyvehicres and provisions for emergency evacuation of ail or part of the site. The traffic control component will include the identification and method of contact for agencies or flliii|?l;onlborh asencies and persons, responsibre for traffic flow manas"r;rt;r; emersency Emergency Medical service.s (Fusl component. The lAp will include EMS response informationfor the venue, the event, or boih. EMS response information generally will include..an inventory of EMS equipment and staffingscheduled to be at the venue as weil as the identification and metnod of contact of agencies andmanagement personner responsibre for response to a medicar "r"ij"nal. "rsvr v'! q! 5' The IAP will identify the emergency medical. care provided at the event and the procedure forobtaining an additionar rever oi care or a higher revEr oi caie if necessary. Multi-Casuattv lncldent (MCt). 70/L4/20LG 4:09 pM ii-.'.-',-;i i 16.K.9.b Packet Pg. 1957 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 1. The IAP will provide for coordination between EMS and public safety agencies having jurisdiction in the area where the venue is located, for the purpose of managing an MCl, 2. Agencies and management personnel responsible for response to MCls will be identified along with methods of contact. 3. Must include the protocolfor entering the incident into STARS with 24 hours. 4. Civil Disturbance/Terrorist lncidenUActive Shooter. The IAP will include a component for response to possible disruptive or terrorist activities. !-lazardous Materia ls lncidents. 1. The IAP must utilize the Collier County's Emergency Spill Response Procedure (ESRP) to develop these section and to identify any necessary resources anticipated to mitigate any hazardous materials incident that impacts the site. 2. The IAP will include information on the location of the material safety data sheet (MSDS) for hazardous materials on the site, 3. The IAP will include contact information for response agencies that could assist with hazardous materials incidents that might occur on site, Environmentallv Threatenino lncidents. lEcludlno Weather Related ?roblems. 1. The IAP will consider the management of weather-related and environmental problems, including factors such as the geographic location of the venue and conditions unique to the local area or time of year. A. The IAP will contain procedures for the following: 1, Receipt of weather and other emergency warnings 2. Event cancellation prior to or after the start of activities 3. Notification of warnings to participants, staff, and guests 4. Evacuating, sheltering, or providing direction to people potentially affected by the threat 2. Planning will consider conditions that can adversely impact an event, such as the following: 3, Simultaneous events at other nearby venues 4. Government-declared emergencies or warnings, such as predicted deteriorating weather or environmental problems 5. Proximity to other locations or operations with the potentialfor creating environmental hazards, such as rail yards, manufacturing facilities, and nuclear power plants 6. Relocation/Evacuation, Planning for the complete or partial relocation/evacuation of a facility will include the following: 7. Person(s) authorized to order the relocation/evacuation prior to or after the start of activities 8. Consideration of the estimated time to complete the relocation/evacuation L Notification procedure for the relocation/evacuation of participants, staff, and guests 10. Assistance and resources needed to effect an orderly relocation/evacuation tllt4lz0L6 4:09 PM :! '. 16.K.9.b Packet Pg. 1958 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 11. Availability and utilization of shelters on site or off site 12. Resources. The lAp will consider the utilization of available resources to deal with an emergency situation, Personnel. The tAp wilt describe each position key to the provisions of the plan and the primary responsibilities of that position as it relates to the plah. Personnel resources that the plan may identify include the following: 1 . Administrative/evenUmaintenance staff 2. Sanctioning body staff/officials 3. Security/law enforcement personnel 4. Fire personnel 5. EMS personnel 6, Emergency management representatives 7. Contracted service Providers Eouioment and SuPPlies. The lAp will identify and determine the availability of internal and external resources that could be used in an emergency situation, such as the following: 1. Heavy equipment 2. Generators 3. Power tools 4. Traffic barriers 5. Fencing 6. Construction materials 7. Fire-fighting equiPment 8. Technical rescue equiPment 9. Portable lighting 10. Patient care equipment and multi-casualty equipment 1 1. Refrigeration facilities 12. Welding and cutting tools 1 3. Debris removal equiPment 14. Hazardous waste mitigation equipment Transoortation. The tAp will identify and determine the availability of transportation resources that could be used in an emergency situation, such as the following: 1. Trams 2. Tractors 3. Buses 4. Trucks 5. Personal vehicles 6, Agency vehicles available for movement of personnel and victims Communication ComPonent. 1olL4l20t6 4:09 PM --- rr{ .!{;.i 16.K.9.b Packet Pg. 1959 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 1. The IAP will include an emergency communication component to establish coordination of all communication systems operating at the event, including the following: A, Public address system and digital message board (if available)B. Broadcast radio frequency for public announcements C. Two-way radio system, channel assignments, or both D. Telephone systems (internal and external) E. Cell/satellite systems information F. Data systems G, Social media 2. Consideration will be given to communication challenges that might arise, especially during an emergency, such as the following: A. Communication with marshals, response personnel, and administrative/event staffB. Notification of guests and participants C. Responsibility for the following: 1. Communication with the news media2. Authorized release of information and the wording of media releases3. Locations for interviews or press conferences4. ldentification of contacts to provide information 3' Communication systems failures due to equipment failure, interference, or systems overload 4. 5. 1. Where a backup communication system that could be used in the event of a failure of the primary system is identified, the backup system will consist of a technology sufficiently different from the qrlmary system to make failure of the backup system unlikely irithe event of a primary systemfailure. Pre-event testing of communicalion systems will be part of the lAP. lt might not be possible to testsome parts of the system until the event is in full progress. At that time, pioblems reiated to equipment positioning and radio channel interference might first become apparent, and alternatives will be considered. Pre-Event Aqreements. Prior arrangements for assistance from outside agencies for resources such as fire, rescue, law enforcement, EMS, and contracted services will be established and contracts reviewed by Risk Management for insurance coverage. lncidents or events that might require multiple jurisdictional responses will be identified. Crltical lncldent Stress Debriefino (CISD). 2. 1. 2. A process for identifying incidents in which critical incident stress is a signiflcant hazard will be established and will include identifying personneladversely affected byincident stress andpromptly initiating criticat incident stress debriefing (CtSD). CISD assistance and resource availability will be identified. Death at the Venue. 1. The IAP must include procedures for notification of appropriate authorities and compliance with local statutes in the event of a death at the venue.2. These individuals must be included and contacted immediately. LO/74l2OrG 4:09 PM 16.K.9.b Packet Pg. 1960 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 1 i I I I I B. c, D. 1. 2. Review. j. The IAP will be reviewed annually by Risk Management and the location Director as appropriate to meet current or future conditions. Z. A post-incident review will be held with participating agencies to identify practices that could benefit from additional attention or plan revision. SECTION l!: TRAINING Any paid or volunteer personnel having an assignment or defined responsibility with a motorsports facility or serving a designated function at a motorsports venue will be informed or trained using the levels commensurate with their assigned function, Personnel performing the described assignments will receive periodic, updated training. Training will be conducted by personnelwho are qualified through formaltraining and have experience in this field. This includes trainers such as an equipment manufacturer or a sanctioning body that has a formaltraining program. Motorsoorts Safetv Awareness Leve!. 1 . Persons functioning at the motorsports awareness level will be informed of the race facility and the possible hazards, how to call for assistance, and their role, if any, in the incident action plan (lAP). This information, if applicable, will include the following: A. Recognitionofwhathazards existintheir area of operation and the potential incidents associated with those hazards Recognition of the presence of a hazardous situation or safety threat ldentification of an emergency incident Familiarization of basic safety measures to take to protect themselves from the risks associated with the incident E. Realization ofthe need for immediate assistance and the ability to make appropriate notifications as identified in the IAP F. Familiarization of reasonable and prudent initial actions that might reduce the severity of the incident G. Familiarizationofthe existence ofthe incidentmanagement system(lMS)andthepublic relations plan H. Knowledge of facility features and access/egress points Justin Lobb Airport Manager 642-7878 571-0232 Jeff Walker Risk Momt Director 252-8461 580-8310 Ron Miller EHS Manager 252-8091 821 -9753 Dan Rodriquez SHWMD Director 2s2-2508 253{866 Alister Burnett Env Compliance Mgr 252-7953 280-8474 Dennis Linguidi Facilities Director 252-8380 Dan Summers Emergency Mgmt 252-3600 Rebecca Adams Risk Finance Mgr 2s2-8839 4s1-8929 t}l14l2ot6 4:09 PM 16.K.9.b Packet Pg. 1961 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 2. lt is not the intent of this guide to expect someone informed at the awareness levelto take an aggressive role in reducing the severity of the incident. However, there might be actions the person could take as they move to a safe area, such as closing a door, shutting off a fuelvalve on a burner, shutting off a power switch, or directing people away from the incident area, as these actions could reduce the severity of the incident without jeopardizing their own safety, Motorsports Safetv Operations Level. Persons expected to function at the motorsports safety operations level will be informed to the motorsports safety awareness level; have knowledge of the facilities and the event specific hazards; know how to call for emergency assistance; have the knowledge, skill, and ability to take first emergency mitigation actions in their areas of operation; and understand their role in the lAP. Motorsports safety operations-level persons typically include pit area fire fighter, track clean-up personnel, repair and maintenance workers, off-track emergency responders, track emergency medical personnel (non-rescue), marshals, vehicle recovery workers, security, and evenUvenue officials, Training programs will be identified that can assist the individual to develop the following: A. Knowledge, skill, and ability to recognize and identify hazards B, Knowledge, skill, and ability to select and properly use personal protective equipment (PPE) appropriate to the function or assignment C, Knowledge, skill, and ability to function within an assigned role in the National lncident Management System (NIMS) D. Knowledge, skill, and ability to suppress incipient flres with a portable fire extinguisher E. Knowledge, skill, and ability to perform hazard control operations, incident mitigation, and extrication operations within the capabilities of the resources and PPE available in their areas of operation F. Knowledge, skill, and ability to use basic equipment and follow established emergency guidelines G. Knowledge, skill, and ability of appropriate measures to assist or rescue victims H. Knowledge, skill, and ability of procedures to return to routine operation Motorsoorts SafeW Technician Level. Persons expected to function at the motorsports safety technician level will have the knowledge, skills, and ability of the motorsports safety operations level; have knowledge of the facilities and the event-specific hazards; have the knowledge, skill, and ability to take emergency mitigation actions in their areas of operation; and understand their role in the lAP. Persons trained to the motorsports safety technician level may include pit area fire fighters, track fire fighters, and combination or cross-trained personnel responsible for extrication, rescue, and/or emergency medical services (EMS). Training programs will be identified that can assist the individual to develop the following: A. Knowledge, skill, and ability to implement the venue's IAP B. Knowledge, skill, and ability to function within an assigned role in the NIMS C. Knowledge, skill, and ability to select and use proper PPE for the technician level D. Knowledge, skill, and ability to use hazard and risk assessment techniques E. Knowledge, skill, and ability to suppress fires that are commonly expected at the venue/event or in their specific assignment, given adequate equipment 1. 2. 1 2, LA/L4/IOLG 4:09 PM 16.K.9.b Packet Pg. 1962 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- F. Knowledge, skill, and ability to perform advanced hazard control operations, incident mitigation, and rescue operations within the capabilities of the resources and PPE available in their areas of operation G. Knowledge, skill, and ability to extricate or remove victims H, Knowledge, skill, and ability to conduct basic patient assessment, initiate patient care, and call for advanced medical support l. Knowledge ofthe typeof competitivevehiclesand specificfeatures andhazards associated with those vehicles J. Knowledge, skill, and abili$ to use event-specific special equipment, including power tools used to cut or remove vehicle body and structural components K, Knowledge, skill, and ability to apply the relevant standard operating procedures guidelines L. Knowledge, skill, and ability to implement the procedures to return to routine operation M. Knowledge, skill, and ability to drive and operate an on track emergency response vehicle Motorsports SafeW Speciallst Level. 1. Persons expected to function to the motorsports safety specialist level will have the knowledge, skills, and ability of the motorsports safety operations level; have knowledge of the facilities and the event-specific hazards; have a speciflc knowledge, skill, or ability to take specialized mitigation actions in their demonstrated areas of expertise; and understand their role in the lAP. 2. The motorsports safety specialist would include on-track physicians; hazardous entry, stabilization, and extrication specialists; recovery vehicle operators; and specialized track maintenance personnel. Training programs will be identifled that can assist the individual to develop the following: A. Knowledge, skill, and ability to select, apply, and use specialized equipmenl, PPE, and procedures necessary to perform lheir assigned function B. Knowledge, skill, and ability to perform specific and specialized hazard control operations, incident mitigation, or extrication operations within the capabilities of the resources in their specific areas of operation Motors ports Safetv Conl ntand/Manaoer. Persons expected to function to the knowledge, skills, and ability of the safety command/ manager level will have the safety operations level; have detailed knowledge of the facilities and the event-specific hazards;the knowledge, skill, and ability to command or direct emergency mitigation actions; and identified that can assist the individual to all roles in the lAP. Training programs will be the following: Knowledge, skill, and ability to implement direct the IMS Knowledge, skill, and ability to implement manage the evenUvenue IAP Knowledge of the hazards and risks roles with personnel working in motorsports safety Knowledge, skill, and ability to activate and coordinate with external emergency resources Knowledge of the responsibility to the AHJ A. B. c, D. E. a;r,.,ri 10/t4/2oL6 4:09 PM 16.K.9.b Packet Pg. 1963 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- SECTIOi! lll: Persgnal Protective Equlpment (PPE) 1. All personnel with assigned responsibilities at a motorsports venue will wear appropriate personal protective equipment (PPE) commensurate with the hazards associated with their assignment, as determined by a PPE HazardlRisk Assessment conducted by Risk Management and must contain the following: A. PPE selection by PPE Hazard Analysis by Risk Management B. Correct aPPlication and usage C, Storage, maintenance, and inspection procedures D. Training 2. personnelfunctioning in multiple capacities willwear PPE commensurate with the task associated with the highest level of exposure. For example, personnelwhose primary responsibility is emergency medical service (EMS) might also be responsible for fire fighting. When such personnel are performing the more hazardous duty, in this case fire fighting, they witl be protected to that higher level when performing that task, Therefore, members can be attired in their EMS uniform' while having the fire-fighting PPE available for use when a fire occurs. 3. ppE will be selected and used in accordance with the manufacturer's instructions, Some protective clothing designed for motorsports competitive use is not intended for fire-fighting use. 4, During selection of ppE,careful considerationwill begiventofitandcomfort.PPEthatfitspoorly will not atford the necessary protection. lnitial and continued wearing of the PPE is more likely if it fits the wearer comfortablY. S. ppE will be maintained and stored in accordance with the manufacturer's instructions. 6. ppE alone will not be relied on to provide all levels of protection against all hazards. 7. ppE will be used in conjunction with proper use of tools and equipment, proper training, standard operating guidelines, and deployment of personnel to minimize the risk(s) to responders. g. ppE meeting the requirements of a standard or specification is designed to provide a specific level of protection and will not be used beyond the level for which it is intended. Eve Protectlon. 1. Care will be taken to recognize the possibility of multiple and simultaneous exposure to a variety of eye hazards, A list of the hazards expected to be encountered will be developed' Examples of the expected hazards are impactfrom flying debris, dust, heat, chemical splash, bloodborne pathogens, glare, and optical radiation from welding or a cutting torch. z. personnel exposed to a potential hazard or dealing with a specific incident will use primary face and eye protection appropriate for that given specific hazard' 3. Face and eye protection will meet the requirements of 29 CFR 1910'133, "Eye and face protection," or ANSI/iSE A 287 ,1, Occupational and Educational Personal Eye and Face Protection Devices. 4. Emergency medical personnel or others with potential exposure to bloodborne pathogens will wear eye protection in accordance with the requirements of 29 CFR 1910'1030' "Bloodborne pathogens." 5. persons whose vision requires the use of prescription lenses willwear either protective devices fitted with prescription lenses or protective devices designed to be worn over regular prescription eyewear when required. rcl1al2OL6 4:09 PM 16.K.9.b Packet Pg. 1964 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-0380) 6. Wearers of contact lenses will wear appropriate eye and face protection devices in a hazardous environment. Dust, high heat, or chemical environments might represent an additional hazard to contact lens wearers. Foot Protection. 1. All personnel with assigned responsibilities at a motorsports venue will wear appropriate protective footwear commensurate with the hazards associated with their assignment. The footwear appropriate for motorsports emergency response can be variable. Z. Track clean-up personnel, vehicle recovery personnel, marshals, and EMS personnelwillwear appropriate closed toe protective footwear commensurate with the tasks they routinely perform' 3. Purpos+built shoes designed expressly for the needs of an emergency response team can be used but will consist of a sole with heel, totally enclosed upper of leather or heat and flame-resistant material, insole, and shank, and will provide some amount of penetration, impact, and compression protection. Both the sole and heel will be of nonslip tread. Additional considerations will include double-welt construction, toe and metatarsal protection, and bloodborne pathogen protection. 4, Boots that meet the requirements of NFPA 1951, Standard on Protective Ensembles for Technical Rescue lncidents; NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting; NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and proximity Fire Fighting; or ASTM F 2419, Standard Specification for Performance Requirements for Protective (Safety) Footwear, are examples of boots that could be chosen. These standards are noted for guidance and suggestion and are not intended to limit the user' Other purpose-built footwear that incorporates the protection features of these standards but that might not specifically meet the standards could be worn if approved by Risk Management in accordance with CMA 5806 Protective Footwear. Hald Protectlqn. 1. The activities of each function will be studied to determine the degree of dexterity required and the duration, frequency, and degree of exposure to the hazard. No single glove can provide protection against all potential hand hazards. Z, Track clean-up and vehicle recovery personnel will wear gloves that provide protection from heat, sharp objects, or rough surfaces. 3. 4. personnel engaged in fire fighting will wear gloves that provide thermal protection, conductive heat resistance, flame resistance, cut resistance, puncture resistance, dexterity, and grip characteristics. Gloves that meet the requirements of NFPA 1971, Standard on Protective Ensembtes for Structural Fire Fighting and Proximity Fire Fighting, or NFPA 1977' Standard on protective Clothing and Equipment for Wildland Fire Fighting (protective work glove only), are examples of gloves that could be chosen. These standards are noted for guidance and suggestion and are not intended to limit the user. S, personnel engaged in extrication willwear gloves that provide thermal protection, conductive heat resistance, cut resistance, puncture resistance, dexterity, and grip characteristics. Gloves that meet the requirements of NFPA 1951, Standard on Protective Ensembles for Technical Rescue lncidents; NFPA 1971 , Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting; or NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting (protective work glove only), are examples of gloves that could be chosen. These standards are noted for guidance and suggestion and are not intended to limit the user. 101t4/2016 4:09 PM 16.K.9.b Packet Pg. 1965 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-0380) 2. 3. 6. Personnelwillwear emergency medical gloves when providing emergency medical care that exposes them to the hazards of Bloodborne pathogens. 7. Medical gloves will be single-use, be disposable, and meet the requirements of ASTM D 3578, Standard Specification for Rubber Examination Gloves. 8. Universal precautions will be followed when treating any victim of illness or injury. Different localities and jurisdictions mandate different levels of protection for the worker. NFPA 1581, Standard on Fire Department lnfection Control Program, and 29 CFR 1910.1030, "Bloodborne pathogens," can be used as reference to determine the proper level of protection for the worker. Head Protection. 1. Thermal Protectionmust beprovidedbyaprotectivehood designedtoprovidelimited protection to the head, face, and neck. Pit area fire fighters and track fire fighters involved in fire suppression operations will wear a hood that meets the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting. EMS and rescue personnelwho might be exposed to flash flre will wear a hood that meets the requirements of NFPA '1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, or SFI 3,3, Driver Accessories. lmpact Protection. 1. Personnel riding in or on response vehicles will be seated and restrained with a safety belt at all times while the vehicle is in motion, lf the job function is such that personnel cannot be seated and belted, they will wear impact protection that provides protection for the head. Helmets that meet the requirements of Snell, SA2000, SA2005, or SA2010, Standard for Protective Headgear for Use in Competitive Automotive Sports; Snell, M2000, M2005, or M2010, Standard for ProtectiveHeadgearforUsewith Motorcycles and Other Motorized Vehicles; SFI Specification Flame Resistant Motorsports Helmet - Open Face; 31.2A, Flame Resistant Motorsports Helmet -Closed Face; 31 .112005, Flame Resistant Motorsports Helmet; 41.1A, Motorsports Helmets -Open Face; Motorsports Helmets - Closed Face; or 41,112005, Motorsports Helmets; or DOT helmets are some examples of the type of head protection that could be wom by personnel exposed to falls from moving vehicles. These documents are noted for guidance and suggestion and are not intended to limit the user. Pit area fire fighters who are exposed to the hazards of flying debris and tools will wear head protection thatprovides impact protection. Helmets that meet the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting; Snell, 542000, SA2005, or SA2010, Standard for Protective Headgear for Use in Competitive Automotive Sports; Snell, M2000, M2005, or M2010, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles; SFI Specification 31.1A, Flame Resistant Motorsports Helmet - Open Face; 31.2A, Flame Resistant Motorsports Helmet - Closed Face; 31 .112005, Flame Resistant Motorsports Helmet; Motorsports Helmets - Open Face; 41.2A, Motorsports Helmets - Closed Face; or 41.'112005, Motorsports Helmets; or DOT helmets are some examples of the type of head protection that could be worn. These documents are noted for guidance and suggestion and are not intended to limit the USCT. LO/L4l}Arc 4:09 PM 2. 3. 4. 5. 6. i.-. t! ij,.i 16.K.9.b Packet Pg. 1966 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- Hearino Protectlon. Hearing protection will be worn by all personnel exposed to high noise-level hazards in accordance with 2g cFR 1glo,g5, ,,occupational noise exposure." osHA sets legal limits on noise exposure in the workplace, These limits are based on a worker's time weighted average over an I hour day' With noise, OSHA's permissible exposure limit (PEL) is 90 dBA for allworkers for an I hour day, but only 2 hours over 100 dBA. Torso Protection. ,1. Pit fire fighters, track fire fighters, and rescue personnel have the potential to be exposed to both flash fires and running fuelfires and will be protected from the dangers from both types of fires as well as the radiant heat expected while engaged in fire-fighting operations' 2. pit area fire fighters, track flre fighters, and certain rescue personnel who actively engage in or are exposed to the hazards of fire fighting will wear a protective garment that meets or exceeds the requirements of NFpA 1g71, Standard on Protective Ensembles for Structural Fire Fighting and ProximitY Fire Fighting. 3. Alternatively, a protective garment that meets or exceeds the requirements of sFl 3'2N5' Driver Suits, may be used only when worn in conjunction with fire-resistant thermal protection underwear. 4. EMS personnel or rescue personnelwho are actively engaged in extrication that exposes the personnel to flash flres will wear a protective garment that meets the requirements of NFPA 't951' Standard on protective EnsemblesforTechnical Rescue lncidents; NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting; or SFI 3'2N1' Driver Suits' EMS personnelwho Oo not participate in extrication will be protected as outlined in 6'7'6' Flame-resistant inermal protection underwear will be worn with an SFI 3.2Al1-rated protective garment' 5. personnel who actively engage in or are exposed to the hazards of fire fighting will avoid wearing clothing that is considered unsafe due to poor thermal stability or poor flame resistant characteristics, such as nylon or polyester, Such garments could cause injury to the wearer despite the appropriate protective garments worn over or under such clothing' 6. Track clean-up and vehicle recovery personnel and marshals willwear cotton, wool, or similarly flame-retardant, long-sleeved, long-legged clothing' 7. All EMS personnelwill use appropriate PPE *n"n providing emergency medical care that potentialy exposes the personnel to the hazards of bloodborne pathogens, The federal OSHA standard 29 cFR 1g10.1030(cx3xi), "Bloodborne pathogens," defines protective equipment as ,,appropriate,'only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments' skin' eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time that the protective equipment will be used' g. personnet operating at motorsports events will be attired in clothing that provides function identiflcation and maximum visibility within the operational environment' g. consideration will be given for protective garments to have fluorescent and/or retro reflective trim permanengy attached to the outer layer of protective garments to provide visibility' Some garments meeting NFPA ppE standards will already meet this requirement. lf other protective garments do not already have retro reflective properties, a secondary garment such as a fluorescent vest with retro reflective trim or a light source will be worn' ic.r.uit)lt4/2016 4:09 PM 16.K.9.b Packet Pg. 1967 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- The goal of emergency services personnel at any motorsports venue/event is to respond to an emergency situation with minimal time delays and with the necessary equipment to handle the incident and to protect persons from further injury. 1. Fire Suppression Equipment. Fire suppression equipment will be available for immediate deployment at a motorsports venue, Fire extinguishers or other fire-fighting equipment will also be available in, but not limited, to competition areas and areas designated for working on competitive vehicles. These areas can include garages, paddock areas, staging areas, and pit areas not adjacent to the competition area. Fire extinguishers will also be available anywhere fuel is handled, transferred, or stored. Such equipment is the first line of defense in the event of a fire. Fire suppression equipment can be divided into two categories: portable fire extinguishers and motorized fire-fighting vehicles. 2. Portable Extinguishers. NFPA 10, Standard for Portable Fire Extinguishers, provides detailed information about the selection, use, and maintenance of portable fire extinguishers. 3. The five common classes of fires are as follows: A, Class A, which are fires in ordinary combustible materials such as wood, paper, cloth, rubber, and many plastics. B. Class B, which are fires in flammable liquids such as gasoline, alcohol, and nitro methane; and combustible liquids such as diesel oil, motor oil, and greases. C. Class C, which are fires that involve energized electrical equipment. Water will not be used on energized electrical equipment, since it exposes the user to the risk of electrocution. D. Class D, which are fires in combustible metals, such as magnesium and titanium. Application of water on combustible metals might cause a violent reaction. E, Class K, which are fires in cooking appliances that involve combustible cooking media (vegetable or animal oils and fats). 4. Only listed and labeled portable fire extinguishers will be used, to ensure that compliance with minimum construction and performance requirements has been met. 5. The size of the portable fire extinguisher will be matched to the hazard that is being protected. The extinguisher or a combination of extinguishers must be able to extinguish the various types of fires that might occur in each area to be protected. ln the case of exotic fuels or special hazards, it might be necessary to refer to material safety data sheets (MSDSs) for health hazards and special fire-fighting agents or equipment that will be used. Some materials used in the construction of motorsports vehicles might present health hazards, unique extinguishing requirements, or both. 6. Dry chemical extinguishers having a minimum agent capacity of 10lb (4.54 kg) and having a discharge rate of at least 1 lb/sec (0.45 kg/sec) or more will be available. 7. Each fire extinguisher will be inspected and maintained as recommended by the manufacturer service manual before each deployment for an event. 8. Each extinguisher will be maintained annually by a trained and certified fire extinguisher service technician. L An adequate supply of replacement units will be on hand and available to be deployed prior to resuming the event. 10. Fire extinguishers will be placed at intervals around the competition area to facilitate rapid deployment and application. lt might also be necessary to provide other types of suppression agents or backup fire suppression capabilities such as water buckets or supplied water hose reels. It is important that properly trained personnel are stationed near the extinguishers to minimize response time during a flre. i!' i, LA/L4l2Ol6 4:09 PM 16.K.9.b Packet Pg. 1968 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 11. Fire extinguishers or other fire-fighting equipment will also be available in areas designated for working on competitive vehicles. These areas can include garages, paddock areas, staging areas, and pit areas not adjacent to the competition area. Fire extinguishers will also be available anywhere fuel is transferred from one container to another, whether from fuel storage facilities to a vehicle or intermediate container, or from an intermediate container to a vehicle' Motorized Fi re-Fiqhtino Vehicles/Apparatus. 1. A Motorized fire-fighting vehicle wlll be provided where the distances are such that there is not time for a sufficient number of emergency services personnel with portable extinguishers to respond on foot, or where there is a potential need for fire-fighting capability beyond that which can be delivered with portable fire extinguishers. The size and layout of the competition area to be covered, the access points, and the type of motorsports event to be held must all be considerations when determining ontrack fire suppression needs. 2. The motorized flre-fighting vehicle can be a specifically designed fire-fighting apparatus, or a vehicle as simple as a pickup truck, quad-runner, or golf cart-type vehicle equipped with fire' fighting equiPment. 3. The motorized fire-fighting vehicle will be equipped with a fire-extinguishing agent(s) appropriate for the location and hazard expected to be encountered, Examples include, but are limited to, the following: A. A large listed and labeled portable fire extinguisher mounted in or secured to the vehicle, that typicaly contains about 125 lb (57 kg) or more of a dry chemical extinguishing agent that is discharged through a hose with a control nozzle at the end of the hose B. A minimum 75 gal (285 L) water tank with a pump or a pressurized water tank and a minimum of 50 ft (15 m) of hose with appropriate fire-fighting nozzle' C. A minimum gb gat (115 L) capacity alcohol-resistint aqueous film-forming foam (AR-AFFF) system w1h ap-uhi or piessurizeO tanX and with a minimum of 50 fi (15 m) of hose and an appropriate fi re-fighting nozzle 4. One 'or more of each of ihe following types of portable fire extinguishers: A. A dry chemical fire extinguisher having a minimum agent capacity of 20 lb (9.1 kg), a minimum 20 "B' rating, and minimum agent discharge flow rate of 1 lb/sec (0.45 kg/sec) B. pressurized water-type fire extinguisher having a minimum agent capacity of 2,5 gal (9.5 L) C. Fire extinguishers listed and labeled for Class D fires or special extinguishing agents appropriate for the special hazards of the motorsports type S. Appropriate restoration tools and equipment, for the type of event, will be provided on a motorized vehicle such as the following: A. Tool box with common hand tools and seat belt cutter B. Heavy tools such as a pry bar, bolt cutters, flat shovel, crowbar, sledge hammer, and crash axe c. Tow strap or rope of approximately 30 ft (10 m) (4) Push brooms D. Containers of coarse oil-absorbent material, fine oil absorbent material' or both E. All of the equipment carried on the vehicle will be securely mounted to the vehicle. 6. Extrication Equipment. Rescue and extrication equipment to release a driver or any other persons trapped as a result of an incident within the venue will be available. Such equipment might include manual, electric, hydraulic, or otherwise powered spreaders and cutters' A. Extrication cutting equipment will be sufficient to cut roll bars, the vehicle body, or cockpit materials of the type found in motorsports competitive vehicles expected at an event' 7011412016 4:09 PM 16.K.9.b Packet Pg. 1969 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- The equipment will be on site at the venue or close by with a local emergency response agency with the capability and willingness to respond to the venue. All powered rescue tools will be in compliance with NFPA 1936, Standard on Powered Rescue Tools. Emerogncv Medical Services (EMS). EMS will be provided in accordance with the requirements of the local authority with responsibility for setting EMS requirements. Consideration will be given to providing emergency medical capability on site, depending on the type of event and locally available resources. Ambulances and other EMS vehicles used at the venue will be equipped and staffed in accordance with the requirements of the AHJ. Methods of EMS delivery could include the following: (1) Advanced life support (ALS) unit(s) on site (2) Basic life support (BLS) unit(s) on site (3) BLS or ALS equipped personnel on site with local medical transport available (4) Off-site local emergency medical provider for a Level I event The number of units and the level of care will be in accordance with the incident action plan (lAP). Hazardous Materials Mitiqatlon. All Hazardous Materials Spills of ANY size puts the Collier County Emergency Spill Response Program (ESRP) into affect. A copy will be placed in the Event Directors office, the starting area and the Pits. Equipment and materials to handle hazardous material spill mitigation and disposalwill be available based on the hazardous materials present at the venue and the potentialfor a spill. The equipment and materials might vary depending on the design of the course and the type of motorsports event to be held. All containment and clean-up procedures will conform to federal, state, and local governmental regulations. Course Restoration Equioment. Course restoration equipment will be available, This equipment might be as simple as brooms, shovels, and leaf/lawn blowers used with absorbent materials, or as elaborate as specialvehicles designed to spread and pick up items such as absorbent materials, motorized blowers or jets, street- type vacuums, and mechanized street brushes. The restoration equipment needed will depend on the competition area size and type and the expected event type. Vehicle Recoverv Eoulpment. Vehicle recovery equipment includes boom-type tow trucks, flat bed tow trucks (rollbacks), or any other specialized equipment appropriate for removing crashed or disabled vehicles from the competition area. The type and amount of equipment will vary depending on the type of vehicles entered in the competition, the design of the particular competition area, and the urgency for resuming full racing competition. t)lL4l20r6 4:09 PM c. 16.K.9.b Packet Pg. 1970 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- Vehicle Markinq, Response vehicles used on a competition area where movement of competitive vehicles continues after an incident will be conspicuously marked and have appropriate visual warning devices. All on' course emergency, clean-up, or recovery vehicles will be equipped with some type of manually operated, portable visual warning devices to be deployed by personnelworking on the competition area. These warning devices can include flags, lights, signs, or paddles or any combination thereof. Parkino or Staqlnq Areas. Safe parking areas, staging areas, or both, will be provided for response vehicles. These response vehicles will be staged in proximity to the competition area for easy access but will be protected by barriers or space from potential collision with competition vehicles. SECTION V: INFIDENT ACTION PLAN PPERATIONS The success of incident response operations does not depend only on incident action planning, training and equipping of personnel, and provision of equipment. lt is equally important that all personnel understand the nature of the specific event and their roles in the incident response operations, lncident response operations may include nonemergency and emergency activity. 1. Review of lncident Action Plan (lAP). The incident action plan (lAP) will be reviewed with Risk Management, Authority Having Jurisdiction (AHJ) and the BCC Director of Emergency Management to ensure that all requirements for handling on-site incidents can be met with the resources available. Where the plan calls for using off-site resources, it must be verified that those resources have been contacted, are aware of the event, and are available. 2. Review of Operational Readiness. The evenUvenue official review IAP with Risk Management preparing for and providing emergency services. The evenUvenue officialwill adapt this checklist to the specific needs of the evenUvenue. IAP Event Staffino. lndividual crews, including, but not limited to, fire crews, extrication crews, EMS crews, vehicle recovery crews, restoration crews, and marshals, will be provided with the following information to assist them in understanding, preparing for, and executing their role during an emergency: 1. Name of the individual to whom the crew reports and that individual's position in the chain of command 2. Name(s) of individual(s) to call if needs develop such as replacing a crew member or equipment, if problems need to be resolved 70/L4l2oLG 4:09 PM 16.K.9.b Packet Pg. 1971 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 3. Names of the other members of the crew and identification of individual crew member assignments 4. lndividual crew member assignments at the venue, including where each crew member is stationed and identification of each member's geographic area of responsibility 5. ldentification of the appropriate personal protective equipment (PPE) for the crew's assignment 6. Equipment provided for the assignment 7. Means of communicatingthe crew'sstatus and needs,e.g.,theradiochannelstobeused I. Time the crew is expected to start its assignment and when the assignment is considered to be complete 9. ldentification of the dispatcher or circumstances under which the crew is to respond to render assistance Currencv. The Risk Management Division is responsible for maintaining the currency of this lnstruction. Reference. 1. Collier County CMA 5902, WORKPLACE SAFETY AND HEALTH POLICY 2. Collier County Personnel Ordinance, Ordinance No, 2001-50: Safety: NFPA Publications. National Fire Protection Associatlon. 1. NFPA 10, Standard for Portable Fire Extinguishers, 2013 edition. 2. NFPA 1561, Standard on Emergency Services lncident Management System, 2008 edition. 3. NFPA 1581, Standard on Fire Department lnfection Control Program, 2010 edition, 4. NFPA 1936, Standard on Powered Rescue Tools, 2010 edition. NFPA 1951, Standard on Protective Ensembles for Technical Rescue lncidents, 2013 edition. 5. NFPA 1971, Standard on Protective Ensembles for Structural Firefighting and Proximity Fire Fighting, 201 3 edition. 6. NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting , 2011 edition, 7. NFPA 472, Standard for Competence of Responders to Hazardous MaterialsMeapons of Mass Destruction lncidents, 201 3 edition. 8. NFPA 600, Standard on lndustrial Fire Brigades, 2010 edition. NFPA 1051, Standard for Wildland Fire Fighter Professional Qualifications, 2012 edition. L NFPA 1500, Standard on Fire Department Occupational Safety and Health Program, 2013 edition, 10. NFPA 1561, Standard on Emergency Services lncident Management System, 2008 edition. , ANSI/ISEA Z:87.1, Occupationaland Educational Personal Eye and Face Protection Devices,2010. , 1. ASTM D 3578, Standard Specification for Rubber Examination Gloves, 2010. 2. ASTM F 2413, Standard Specification for Performance Requirements for Protective (Safety) Footwear, 2011, SFI Publications. SFI Foundation, lnc. 1. SFI Specification 3.2A, Driver Suits, November 29, 2001. LOlt4l2OL6 4:09 PM !,1- lt. ji 16.K.9.b Packet Pg. 1972 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- 2. SFI Specification 3.3, DriverAccessories, December31,2010. SFI Specification 31.1A, Flame Resistant Motorsports Helmet - Open Face, December 1, 2001, 3. SFI Specification 31 .2A, Flame Resistant Motorsports Helmet - Closed Face, December 1 ,2001, 4. SFI Specification 31 .112005, Flame Resistant Motorsports Helmets, December 1, 2001. 5. SFI Specification 41 ,1A, Motorsports Helmets - Open Face, December 1 , 2401 . 6. SFI Specification 41.2A, Motorsports Helmets - Closed Face, December 1, 2001. 7. SFI Specification 41 .112005, Motorsports Helmets, December 1, 2001. Snel! Publications. Snell Memorial Foundation, lnc., 1. M2OOO, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles, 2000. 2. M2OO5, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles, 2005. 3. M2O1O, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles, 2010. 4. SA2OOO, Standard for Protective Headgear for Use in Competitive Automotive Sports, 2000. 5. SA2OO5, Standard for Protective Headgear for Use in Competitive Automotive Sports, 2005. 6. SA201O, Standard for Protective Headgear for Use in Competitive Automotive Sports, 2010. U.S. Government Publications. U.S. Government L Homeland Security Presidential Directive 5 (HSPD-S), 2003. 2. Title 29, Code of Federal Regulations, Part 1910.95, "Occupational noise exposure," 2006. 3. Title 29, Code of Federal Regulations, Part 1910.133, "Eye and face protection," 1996, 4. Title 29, Code of Federal Regulations, Part 1910.1030, "Bloodborne pathogens," 2001. to/L4/20L6 4:09 PM [ {-.1,s'i i 16.K.9.b Packet Pg. 1973 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17- @ U,S. Deportment of Tronsportotlon Federol Aviolion Adminishotion September 20,2018 Mr. Justin Lobb, ACE Airport Manager VIA EMAIL Airports District Office 5950 Hazeltine National Drive, Suite 400 Orlando, Florida 32822 407-812-6331 Re: Car Race Event Immokalee Regional Airport (IMM) ASN Study: 201 8-ASO-2 I 59-NRA Dear Mr. Lobb: The Federal Aviation Administration's (FAA) - Orlando Airports District Office (ADO) has completed its review of your request to initiate a partial airport closure in order to host an on- airport car race event at the Immokalee Regional Airport (IMM) sometime in calendar year (CY) 2019. Our review and decision is based on the documentation you provided to our office, discussions between the Orlando ADO staff, and documentation uploaded into the Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) system on May 11, 2018. Temporary Closure Requested Collier County Airport Authority (CCAA) seeks FAA approval for a Non-Aeronautical Car Race Event (by wannaGOFAST) atthe Immokalee Regional Airport in CY2019 (Dates TBD). The terms of the event are in accordance with the Settlement Agreement resulting from Circuit Action entitled wannaGOFAST LLC vs. Collier County Board of County Commissioners, serving as the Collier County Airport Authority (Case No. l7-0380-CA), which has been included as "Attachment F'o to the Non-Aeronautical Event Request. The wannaGOFAST event is to take place on a portion of the airfield, both aeronautical and non-aeronautical at the Immokalee Regional Airport. This event is an independent event, which creates a safe and controlled environment for car enthusiasts to pursue their "need for speed" on airport runways. Safety CCAA has developed a safety and phasing plan for this event. The plan proposes to temporarily close a portion of the AOA movement area that includes Runway 09127, parallel TW B and connectors. During the event, Runways l8/36 will remain open to airport users. As per the safety plan, temporary placement of orange cones on the airfield will delineate the event boundary to its participants. Airport operational trained personnel shall direct spectators to specific access points and regulate pedestrian movement to avoid active aircraft movement areas. Airport staff, personnel from the fixed base operator, and event staff will maintain safety and security measures per the safety and phasing plan. A temporary NOTAM shall be issued three days prior to the event. Although clean-up of venue is expected to be conducted by the Event Operator, CCAA is responsible for making sure event operator complies with the set-up and clean-up upon event completion. 16.K.9.c Packet Pg. 1974 Attachment: Federal Aviation Administration - September 20, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement - The placement of the temporary orange cones/barricades must remain outside the active safety and object free areas for both RW l8/36 and adjacent taxiways. Impact to Aviation and Aeronautical Users IMM's airfield consists of two active runways; the primary RW 09/27 (east/west) and the crosswind RW 18/36 (north/south). Runway 09127 is 5,000 feet long and 150 feet wide with VGSI PAPI and a LPV GPS approach with l-mile VM. Runway 18136 is 4,550 feet long and 150 wide. IMM airfield is not also controlled by an Air Traffic Control Tower (ATCT). No real impact to aeronautical uses is expected, as the airfield will continue normal operations during the event. Mechanisms to Protect the Airport Infrastructure Airport staff shall conduct a detailed physical inspection of the event course and adjacent area prior to and following the race with the event operator. Any Foreign Object Debris (FOD) and/or damage to existing infrastructure is expected to be cleaned-up and repaired immediately following the event. A complete sweep of the runway and taxiways is completed before opening the taxiways to operations. Benefits to the Airport The Collier County Airport Authority anticipates numerous intangible benefits from this non-aeronautical event, including, but not limited to: Exposure Opportunities : o The potential to bring in thousands of spectators over the course of the weekend, providing an opportunity for potential customers, business associations, and organizations to take notice of the Immokalee Airport location, facilities, and services. o Local and national media coverage of the event, both traditional and social. Community Outreach o The Event Operator proposes this event be open to public spectators with a set limit of tickets available. This will allow the organizers to promote the event to the public across many marketing channels while limiting the liability and potential impact to airport interests. o An opportunity to place the Immokalee Regional Airport in a positive light by developing a family-friendly event that supports the local community and businesses. o Both the Event Operator and the Airport Authority recognize that the Immokalee Regional Airport is designated by the State of Florida as a Rural Area of Opportunity whose purpose is to revitalize economically distressed areas. In recognition of this, the Event Operator agrees to provide local vendor preference when seeking vendors for this event, and where practical to employ localworkers when staffing the event. Financial Considerations 16.K.9.c Packet Pg. 1975 Attachment: Federal Aviation Administration - September 20, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement - aJ CCAA will not receive any direct revenue from this event. In accordance with the terms of the Settlement Agreement in the Circuit Action between WannaGoFast, LLC and the Collier County Airport Authority (Case No. l7-0380-CA) the Event shall be without charge to the Operator. Conditional Approval of the Temporarv Closure Request The Orlando ADO conditionally approves the CCAA's request to temporarily close a portion of the aircraft operational area (AOA) that includes Runway 09127, parallel TW B and connectors. This approval is conditioned on: o CCAA issuing a NOTAM advising pilots of this temporary closure. The NOTAM is published indicating the airfield areas where the car event is taking place will be closed during time period specified. Additionally a Notice to airmen in the Airport ATIS should state no aircraft surface movement or engine run ups allow in close proximity to the area designated for the event. o CCAA is to coordinate with local Air Traffic and SSC Manager Representatives, invited to all meetings and anylall concerns are addressed / resolved. o All active RSA, ROFA, TSA and TOFA are clear of all personnel. o CCAA must require the event operator to obtain a comprehensive insurance policy. o CCAA must ensure Event Operator follow the Safety Plan reviewed by this office. o Closure of the aviation-related infrastructure should be limited to the amount of time needed for the actual car race and post-event inspection. o If any damage to IMM's aviation infrastructure occurs during the closure, the Airport Manager must notify this office within 48 hours. . The use of airport revenue is minimal, consistent with the Revenue Use Policy. If you have any questions or need any additional information, please do not hesitate to contact me via email at pedro.blanco@faa.gov. Sincerely, Pedro J. Blanco Community Planner Cc (via email): Krystal Ritchey, Program Manager Bart Vernace, ADO Manager Rebecca Henry, ADO Assistant Manager Heather, Manager Safety and Standards, A50-620 Kristi Smith & Wendy Sands, FDOT District I 16.K.9.c Packet Pg. 1976 Attachment: Federal Aviation Administration - September 20, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement - FM ^ffiFloridq De portment of Transportotion Rrct( scoTT gOVEBNOR October 8,2018 Justin Lobb Airports Manager Collier County Airport Authority 2005 Mainsail Drive Naples, FL 34114 Dear Mr. Lobb: R-E: Temporary Closure for Non-Aeronautical Special Event Request I am writing in response to your application for a Temporary Closure for Non-Aeronautical Special Event Request (Form 725-A40-18) for a car race event on Runway 9/27 xthe Immokalee Regional Airport. The Departrnent maintains concerns related to the event. Therefore, the decision to host such event could potentially elevate the airport's risk factors, which in turn could jeopardize future state funding opportunities. However, should the Airport Authority continue to pursue tle evant, a full and detailed damage a$sessment by a Professional Engineer should be obtained both pre and post eveat. Additionally, please find the Temporary Airport Closures for Non-Aeronautical Purposes Guidance attached for your use. Should you have any questions or concerns, please contact Ms. Wendy Sands at (863) 519-2520 or wendy.$ands@dot. state. fl .us. Sincerely, Paul A. Simmons Modal Development Administrator Enclosures: Temporary Airport Closures for Non-Aeronautical Purposes Guidance 801 North Broadway Avenue Bartow, FL 33830 MII(E DEW SECRETARY 16.K.9.d Packet Pg. 1977 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement - Florida Department of Transportation Aviation and Spaceports Office TEMPORARY AIRPORT CLOSURES FOR NONAERONAUTICAL PURPOSES GUIDANCE Effective: April 18, 2016 Purpose: To provide for the revietry and approval or denial of the temporary closure of all or part of an airport for nonaeronautical purposes. This document is supplernental guidance to existing aviation program management procedures and is intended to provide additionaldirection to district avialion staff. For requests where the facts or circumstances require additional guidance, interpretation, or deviatlon from this guidance, district staff is encouraged to coordinate with central office staff in order to ensure compliance with applicable procedures, rules, and laws, Authority: Sections 332.007 and 334.046, Florida Statutes (F.S.) Public Transportation Joint Participation Agreement (JPA), E$ibit "C' Scope: This document impacts all district and central office units of the Florida Department of Transportation ( Departm ent) with Aviation Program responsibi I ities. Background: Special events involving aviation facilities or aircrafi have become increasingly more common at airports across Florida. These events are designed to (1) enhance public awareness of the airport; (2) stimulate interest in and growth of the airport and aviation; (3) foster community support; (4) provido community benefits; and (5) possibly generate revenue for the airport or community/charitable organization. ln broad terms, a special event may be aeronautical, nonaeronautical, or com bined : 1. An aeronautical event involves aviation activities or aircraft. These events include activities such as airshows, fly-ins, aircraft static displays, and community appreciation events involving aircraft. 2. A nonaeronautical event uses airport facilities as a venue but does not involve aviation activities or aircraft, Typical nonaeronautical events include car shcnvs and races, 5K or 10K runs, concerts, and fundraising events. 3. Combination events include the promotion of aviation within the event such as airshows, fly-ins, or community appreciation or fundraising events such as runway runs or combined transportation events. Even though a canbined event may or may not operalionally impact the airport, it may impact the airport from a regulatory standpoint. Thus, this guidance clarifies preliminary information needed when considering requests to temporarily close part or all of an airport for nonaeronautical purposes. 16.K.9.d Packet Pg. 1978 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement - Federal Roquiremenls: Title 49 U.S.C. 47107 (a) (8) stipulates that any airport developed or improved with federal funds may not be closed temporarily for a nonaeronautical purpose without FAA approval. Compliance with federal grant assurancqs for nonaeronautical events is no different than those required when operating the airport for aeronautical events. FM guidance is contained in FM Order 5190.68 Chapter 7.21, "Temporary Closing of an Airport." On a case by case basis, hchilever, the FAA does support the limited use of airport hcilities promoting aviation awareness through nonaeronautical activities so long as there is not total closure of the airport. Safeguards must be established to protect the aeronautical use of the airport while the temporary nonaeronautical activities are in progress. Additionally, if the FM decides to allow the activity on the airport, any revenue derived from the aclivity must revert back to the airport unless the proceeds of the event are to be donated in support of a non-profit organization or cause. Existing federal law prohibits the diversion of any airport revenue to a city or county general fund or any other public or private, non-airport fund. State Requirements: Aviation Program Assurances, as set forth under the FDOT Public Transportation Joint Participation Agreement (JPA), Exhibit "C", specifies that an airport and allfacilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and: 1. The Airport Sponsor assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2. Except in emergency situations, any proposal to temporarily close the airport for non- aeronautical purposes must first be approved by FDOT. 3, The Airport Sponsor assures that it will have arrangements for promptly notifuing airmen of any condition affecting aeronautical use of the airport. Additionally, aviation program assurances require that all airport revenue must be used on the airport or for uses directly benefiting the airport, and that the airport must comply with all federal revenue use requiremonts and restrictions, Guidelines: 1. Temporary closures involving commelcial service airports are under the control of the FAA. 2. Temporary closures for Aeronautical Events; Airports may be temporarily closed for aeronautical events such as air shows, fly-ins, and aviation conventions, etc. The closure should be well publicized in advance and appropriate NOTAM's must be issued. The only coordination needed will be the event name, dates, and closure periods. 3. Temporary closures for Nonaeronautical Events: Airports may not be closed for special outdoor events, such as sports car races, county fairs, parades, car testing, model air plane events, etc., without both FM and FDOT approval. 4. Partial closures for Combination Events: The closing of a runway, taxiway, and any operational portion of airport facilities (ramps, aprons, etc) is considered closing part of 16.K.9.d Packet Pg. 1979 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement - 5. an airport. ln these cases where the limited use of airport facilities promotes aviation awareness through the nonaeronautical activity, case-by-case approval may be given provided there is not a total closure of the airport. ln support of requests for full or partial airport closures as detailed above, the extent of the information to be submitted for review will vary based on the type and size of the event and the specific airport. Thus, the following preliminary information shoutd be submitted in order to properly evaluate and approve the request: a. A summary of the overall event and a sketch map showing affected locations on the airport, location of emergency personnel and services, and other safety and security measures to be in place. The sketch map should include, at a minimum: i. Depiction of the extents of the area within which the event will be held. ii. Locations and heights of equipment, displays, tents, temporary structures, and any other objects such as cranes or large vehicles. iii. The extents of all safety areas and object free areas for all runways, taxiways, and taxilanes on the airport as well as the extents of all runway protection zones on all runway ends. iv. Security measures in place to ensure event participants/attendees remain within the event area. v. Access routes to and from the event area for participants/attendees. vi. Temporary access routes for emergency rsponse and airport tenants/leaseholders. The summary should include, at a minimum: vii. A description of why the evenUactivity must take place at the airport and that an objective evaluation of comparable venues has been conducted and no other venues exist within the conmunity to reasonably accommodate the event. viii. A description of how financial or other benefits will accrue to the airport and local community as a result of the event ix. A brief narrative for each item required on the sketch map. b. A copy of all FM coordination, reviews, certifications, and approvals (if applicable) is provided. c. Written verification that the event is being held either in an area of the airport ihat is not required for the normal operation of aircraft and where the event would not interfere with the airport's normal use, or in a limited operational area of an airport having a relatively small traffic volume and where it has been determined that the event can be conducted in the area without interfering with aeronautical use of the airport. d. A description of how all reasonable accommodations will be made to maintain normal airport operations and how tenants will not be adversely affected by the event. e. A description of how all aeronauticaltenants and localairport users have been notified of the planned closure and have been given the opportunity to comment, and the event and closure is supported by the airport tenants and the community at large. A copy of such notification, cornments and support should be provided.f. Confirmation that the event has been coordinated with other airports in the vicinity of where the event will be held to minimize impacts to other aviation facilities. A copy of such notification should be provided. 16.K.9.d Packet Pg. 1980 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement - g. A description of adequate procedures that will be in place to ensure the safety and security of concunent aircraft and airport operations, and to ensure the safety for event officials and staff, participants, and spectators. The airport and/or event promotersicoordinators/organizers shall obtain adequate insurance to protect the airport tom damages, injuries and lawsuits arising from the conduct of the event. h. A description of precautions that will be in place to prevent damage to airport facilities, equipment and navigational aids (pavements, lights, NAVAIDS, etc.), and all damage to airport facilities occurring during the conduct of the event will be repaired quickly and by event promoters/coordinators/organizers to the satisfaction of the airport.i. Confirmation that all NOTAMS will be issued as appropriate. 6. District staff will provide the attached Special Event application to airports upon receiving a request to temporary close an airport for a nonaeronautical event. Resources and Contacts: FAA Order 5190.68, Airport Compliance - Section 7.21 http: //www. fa a. gov/atliorts/ai mort com oliance/ Contact Todd Cox, Andy Keith, or Aaron Smith at 850-414-4500. 4 16.K.9.d Packet Pg. 1981 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -