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Backup Documents 10/23/2018 Item #16K9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP K y TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO • THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office --2&-I(E/ 4. BCC Office Board of County �S b Commissioners \I / ko \% 5. Minutes and.Records Clerk of Court's Office {o te2.41' 'l, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional r missing information. Name of Primary Staff Justin Lobb Phone Number 642-7878 Contact/Department Collier County ort Authority Agenda Date Item was 10/23/2018 Agenda Item Number 16.K.9, Approved by the BCC Type of Document Settlement Agreement& Site License Agr Number of Original One(1) Attached Wannagofast,LLC v. Collier County Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature 'CM€ 2. Does the document need to be sent to another agency for additional signa res? If yes, CMG provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CMG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/13/16 and all changes made during CMG P the meeting have been incorporated in the attached document. The County J Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th- CMG BCC, all changes directed by the BCC have been made,and the document is ready for he ;�„s t Chairman's signature. . V vc�c e� rov a C.. d%-,r. [04-COA-01030/1291392/llI:'Forms/County Forms/BCC Forms/Original Documents Routing Slip S Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 Cit:574-\ 16K9 MEMORANDUM Date: October 24, 2018 To: Colleen Green, Assistant County Attorney Office of the County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Mediated Settlement Agreement and Site License Agreement to settle the civil litigation styled Wannagofast, LLC v. Collier County Board of County Commissioners Attached for your records is a certified copy of the document referenced above, (Item #16K9) approved by the Board of County Commissioners October 23, 2018. The original has been held by the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16K9 MEDIATED SETTLEMENT AGREEMENT BETWEEN COLLIER COUNTY AND WANNAGOFAST,LLC. This Mediated Settlement Agreement,dated this t 1 day of 0 4"kr 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 FDOT1 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: 1. 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"A");and 2. LICENSEE may request to host up to two events each calendar year, starting in 2019 through and including 2023;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 '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. t17-CA-380t1401362/II 16K9 4. LICENSEE shall pay the AUTHORITY, a leasing fee as follows:the first event in 2019 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: C YSTAL1CdNZ1 L Clerk BOARD OF OUN' ' COMMISS • ' '/' COLLIE' 0 ' F By; C - By• eputy ' rk ANDY SOLIS,CHAIRMAN Attest as to an's Item# sl ns • Rpki•and I alit 2 Appy a ��� y: Agenda i 0 .y7 s Date 0 Colleen M.Greene,A istant County Attorney Date „g tl, Recd I L Deputy Clerk t 117-CA•3101399125/II 16K9 AS TO WANNAGOFAST,LLC Signed.sealed and delivered in the presence of: -deg/ By: .ig aturi Blake Hutchison,President L. Printed Name •01- - n PrintedName STATE OF FLORIDA COUNTY OF ATE oKo.tooS0. The foregoing Agreement was acknowledged before me this/3ra day of C4.4u 4.1- 2018, by , who is personally known to me or has produced as proof of identity. [NOTARIAL SEAL.] 4 �_ Signatur of Per Tagg Acknowledgment Alm', KYRIE ANN RAYMOND :State of Florida-Notary Public Commission a GG 234967 My Commission Expires "moo July 04,2022 17-CA-380/6e9 117-CA-380,1399125111 1 6 K 9 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 " " ay of 46114S.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 I.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 benefit the com- munity. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS CON- TAINED I IEREIN 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"Property."Public and all vehicular parking shall also be delineated on the map/diagram attached to this Agreement included in Exhibit "A." 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 10:00pm for four consecutive days(one day for setup,two weekend days for the actual event,and one day for cleanup and removal) . :• e • : - for one event in 2019. 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 and advise LICEN- SEE ol'anv potential concerns or conflicts.The event is subject to FAA and possibly Florida De- partment of Transportation("FDOT")approval;' the AUTHORITY agrees to work with the FAA ' 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 oth- erwise not subject to FDOT approval and the FAA will approve tIls event EXHIBIT 16K9 and FDOT to seek approval for additional events should the LICENSEE request to hold additional events at the lmmokalee 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 oldie 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 governmental agencies. All alterations, improvements,and additions to the Property shall,at once,when made or installed,he 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 without FDOT approval, then FDOT approval shall no longer be a condition of any aspect or section of this Agreement. 2 6K9 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-13-:the Collier County Airport Authority Contract Insurance Require- ments. All terms and conditions of such Agreement arc deemed to apply to this Site License Agreement and LICENSEE expressly agrees to abide by the conditions listed in Exhibit"B." LI- CENSEE agrees to provide greater insurance to that required by Exhibit 13-and shall provide$2 million dollar Commercial General Liability Insurance with Collier County named as an additional insured for the event. 9. 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 or 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 governmental 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,then or damage to any vehicle using the desig- nated vehicle parking area. The LICENSEE,throughout the tenn 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 AUTIIORITY.together with a 5%administrative fee. 3 6 I( 9 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. 11. 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 tire protections and any other emergency medical personnel,for crowd and/or traffic control in sufficient numbers to protect the 4 r 6K9 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 traffic 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. 19. 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(ESOM V),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 governmen- 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 FOOT,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 ellon to reduce wear and tear on the runway. 24. The Parties recognize that the lmmokalee 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. 5 1 6 K 9 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 , By: ----77e_ --- BLAKE HUTCHISON,President s s: signature) A•it,A SAV , - (print name) WITNESS(signaturelF \Iii A,lc re P-, //i.,tc t;-.)-c— ) r. J (print name) AS TO THE COUNTY: ;';',/, Attest: . '•- ,.,....,.. BOARD Or 0 COMMIS to, • •/. , CRYSTAL KINE4,Clerk OF COL. R Cy . T' i. ', . se, /a a.c the i , AA.____ COLL .R CO. , ' IRPO• 11 P ORITY _ . ...••• _ . 13Y: i.._., .. • ,-.....—_4ip. O' I - * ' • 4erk - AtteStif 'D I ANDY SOLIS,CHAIRMAN 1 i Y il_ .... . olleen M.Greene, Assistan ounty Attorney 6 ., 16K9 '':...,...- �, � 'ter a Run v�y 9 27 E Jrt Qiat e 'tea p �. :.. � , e __ Tax way 8 d, b ...gam •9" x't.°. �" "t'^ • t '*-:4 t''::'.1,,e ' -L::/,,,,Z.: . : ''''' I. ;T Pare,� ,p �J�l.%�r� re^ #�` �^a � l �� � �a ''.: — :`,'t:: »5 ,./,!„..,,::16;;,?:/Y 5:g, i. ' i :P �� - 1 gyp"-.* "t' k..: 'k � Q �e PG€�b�i id b A s i til f'4V '....';' '„,,Z 67' - '-•.*nt—:. ----- _ z .. x „,,,.:•: ,: .1 m.,,,,,,j.. '', '. ,*,..—,„7:'— ' , ' 1 i • B � � y"µ» 7,%,i1_,,,,;'4".— � _ tea... ' County Road Y46 110 d_ „ EXHIBIT I t `' .5e a ���1 Exhibit'A” y 1 6 K 9 Exhibit 8 Insurance and Bonding Requirements-Airport Facility Leases Li Aviation Tenant 4 Non-Aviation Tenant Insurance/Bond Type Required Limits 1, "4 Worker's Compensation Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Statutory Limits and Requirements 2. E Employer's Liability single limit per occurrence 3. *4 Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current SjciNagl single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability, This shall Include Premises and Operations;Independent Contractors;Products and Completed Operations and Contractual Liability 4, Indemnification 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 indemnified party or person described in this paragraph.This section does not pertain to any incident arising from the sole negligence of Collier County, 4. 1,4 Automobile Liability $ 1.000,000 Each Occurrence;Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included S. :3 Other insurance as 0 Airport Liability Insurance S Per Occurrence noted: bodily injury and property damage Ej Hangarkeepers Per Occurrence per aircraft including premise liability 0 Aircraft Liability Insurance Per Occurrence bodily injury and property damage 0 Pollution Liability Insurance Per Occurrence bodily injury and property damage Property Insurance—Replacement Cost-All Risks of Loss 6. 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. 7. Eg Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required 8. 0 The 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 cf Insurance must state the name of the Lease and location of the leased property. 9. 11 Thirty(30)Days Cancellation Notice required, wannaGOFAST.1,LC rilEXHIBIT 1 6 K 9 Lessee's Insurance 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 \rVaikk-‘a t-Cel (-cc- _5 Date Lessee Signature ---5<-4 Print — Print Name 6 1 6‘(.2._. Insurance Agency Allitd SrtL1 In , , Agent Name Nan (.1 > (-1,G Telephone Number _BF LLc WellIdG(WAST, -16K9 EXHIBIT C RISK MANAGEMENT DEPARTMENT STANDARD OPERATING PROCEDURE CO 1'er Count)) SUBJECT: Emergency and Safety Operations at Motorsports Venues Program(ESOMV) REFERENCE: NFPA 610,POLICY FOR EMERGENCY AND SAFETY OPERATIONS AT MOTORSPORTS VENUES. EFFECTIVE DATE: 512015 REVISION DATE: 112016 Purpose: The purpose of this document is to provide guidance for the development of a system that 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.In addition, it is the policy of Collier County to comply with all workers'compensation laws and regulations. Scope: This policy applies to motorsports events held at both indoor and outdoor Collier County facilities, whether temporary or permanent,except for air or water events.This policy is not intended to apply to non-motorsports events conducted at motorsports venues.It is also recommended that an implementation plan be developed based on the applicable portions of this policy. Administrative Duties; Collier County's Risk Management Department is responsible and the Authority Having Jurisdiction (AHJ)for developing and maintaining this written Emergency and Safety Operations at Motorsports Venues Program(ESOMV). The Risk Management Department is solely responsible for all facets of the 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 outlined within this document. The written ESOMV shall be kept at the following locations: 1 The Risk Management Department maintains a master copy 2. 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. Accountability; To ensure the(ESOMV)program and corrective actions are completed thoroughly and accurately,Risk Management has developed an auditing system Inst will be used to measur }+ttansCC ar th 10/14/2016 4:09 PM EXHIBIT K 9 program. This system of accountability is necessary to ensure that at ESOMV related incidents,claims and near misses are properly reported and documented,thoroughly investigated,safeguarded accordingly and followed up appropriately. Definitions: Approved. Acceptable to the authority having jurisdiction. Authority Having Jurisdiction(AHJ). An organization,office, or individual responsible for enforcing the requirements of a code or standard,or for approving equipment,materials, an Installation,or a procedure. Clean-Up Personnel. Personnel primarily responsible for restoring a racing surface by mitigating liquid spits and removing debris, Command Post. The location where the incident commander and associated staff are located during an emergency incident, Competition Area. The designated area of a motorsports venue in which vehicles compete, perform,train, demonstrate,or test at competitive speeds. Critical Incident Stress. An unusual or traumatic event that creates or might create stress or other adverse condition for persons who have been exposed to the event but who have not necessarily incurred bodily injury from the event. Drag Strip. A straight,open-ended course without turns that generally does not incorporate changes in elevation. Emergency Incident. Any situation to which an emergency services organization responds to deliver emergency services,including rescue, fire suppression,emergency medical care,special operations, law enforcement,and other forms of hazard control and mitigation.(1561,2008j Emergency Medical Personnel. Personnel primarily responsible for providing emergency medical care or having additional responsibilities of extrication. Emergency Medical Services(EMS). The provision of treatment,such as first aid,cardiopulmonary resuscitation,basic life support,advanced life support,and other pre-hospital procedures,including ambulance transportation,to patients-[1500,2013] Emergency Services Personnel. Personnel who are designated by the emergency action plan or who are operating above the motorsports safety awareness level to serve in responder or safety roles, including emergency medical personnel,marshals,vehicle recovery personnel,rescue personnel, security personnel,track fire fighters,and pit area fire fighters. Event. A planned activity or gathering of participants in which one or more motorized vehicles are operated for speed and/or performance,which is conducted at a motorsports venue and includes, but is not limited to, all related activities,such as a designated race as well as all periods for Participant registration,vehicle inspections,time trials,qualifying races,practice runs,exhibitions,post- race inspections,or postponed dates related thereto. 10/14/2016 4:09 PM 16K9 Motorsports Safety Operations 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 action plan. Motorsports Safety Specialist Level A designation for the capability expected of highly specialized personnel that pertains to the performance of their specific areas of rescue or emergency expertise as provided by the venue/event Incident action plan. Motorsports Safety Technician Level. A designation for the capability expected of emergency personnel that pertains to the implementation of rescue procedures as provided by the venue/event incident action plan. Motorsports Venue. A facility or designated area at which motorsports and related activities are conducted. Multi-Casualty Incident(MCI). An emergency casualty incident involving multiple persons with bodily injuries that exceeds the capacity of the medical resources available at the motorsports venue/event. Multi-Use Facility. A motorsports venue that incorporates more than one type of course and is adaptable to a variety of motorsports disciplines. National Incident Management System(NIMS) A system mandated by Homeland Security Presidential Directive 5(HSPD-5)that provides a consistent nationwide approach for federal, state, local,and tribal governments;the private sector;and nongovernmental organizations to work effectively and efficiently together to prepare for,respond to,and recover from domestic incidents, regardless of cause,size,or complexity. Off-Track Emergency Response. Response to emergencies at a motorsports facility in areas other than the competition area and immediately adjacent areas including,but not limited to, hospitality areas, 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 or staged, or both, and in which work is performed. Pit Area. A designated area in which work is performed on competition vehicles during the race or performance. Pit Area Fire Fighter. A fire fighter who is responsible for providing fire suppression in the pit area and who might be responsible for fire suppression at the fueling depot. Rescue Personnel. Personnel assigned to extricate injured or trapped occupants from disabled competition vehicles. Road Course.; A closed, permanent course on which there are turns in both directions and that might incorporate changes in elevation. Sanctioning Body. The individual or organization responsible for the rules and conduct of the competition. 10/14/2916 4;99 PM I K9 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 Emergency 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 Circuit. 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-tip Personnel(Restorationl. Personnel whose primary responsibility is to keep the racing surface in proper condition for racing;sometimes called track restoration personnel. • Track Emergency Medical Personnel. 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 Fighter. A fire fighter primarily responsible for competition area fire suppression activities and possibly extrication efforts. Vehicle Recovery 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. I i 10/14/2016 4:09 PM 16K9 SECTION I:Incident Action Plan(IAP): General.For each motorsports event,an incident action plan(IAP)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 incident/event 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). It 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 Incident Management System(NIMS). Level of Event, For the purpose of developing lAPs,motorsports events are classified as Level I through Level Ill 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 level typically 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 II 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 level typically 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 Ill 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 level typically 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. Statement 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 II events is as follows:"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." 3. An example of a statement of purpose for a motorsports venue running Level III events is as follows:"The purpose of this incident action plan is to provide response procedures to protect • people and property 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 partes involved in the operations described in the IAP will know their responsibilities under the plan. 10114/2015 4:09 PM 16K9 Adapting 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 lAP will identify the number and types of roles necessary to carry out the objectives of the plan, Consistency with Plans of the Board of County 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 1AP,work closely with the local providers of emergency services to incorporate its plan into their community 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. Management Structure. 1 The lAP will define a management structure for handling emergency situations. 2 The management structure will be based on an incident management system(IMS) consistent with NFPA 1561,Standard on Emergency Services Incident Management System. 3. For Level I and II 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 Incident Management System(NIMS). 4. For Level III events,venue officials and responders will provide a coordinated response based on the NIMS. 5. The lAP will provide for the coordination of efforts by the wide variety of agencies that might interact in an emergency situation,including event staff,local agencies,state agencies,and federal authorities. 6. The IAP will be provided to all agencies identified in the plan,and such agencies will acknowledge their participating roles in the plan. 7. The EAP will provide for unified command with an incident commander(IC) 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 II and Level III motorsports events,the command post might be a fixed facility equipped with communications and command/control technology. 8. The IAP will establish a predetermined area for staging of resources,giving consideration to arrival and departure access. 10/14/20164;09 PM 16K9 9. The IAP will provide for the creation and distribution to participating agencies designated in the plan and to on-site personnel of current site location information that includes significant features on the property.This information could be disseminated as a map. However, to provide more flexibility,some features, such as gates,might be better described as being located near a seating section or a particular building,rather than being included as part of a map detail, 10.IAP Components. The IAP will contain the components specified in 4.7.1 through 4.7.10.4 for all motorsports venues, events, or both. The amount of detail included for each component is dependent on the level of the event,the identified hazards of the event,and the Incident Action Plan Checklist(see Figure 4.12). Fire Protection Component. 1, The IAP will include fire protection information for the facility and the event. It is important that the plan include information on any materials that present a fire hazard specific to the event, including their location,the quantity of material,and how the materials are distributed,together with the impact the presence of the materials could have on the event or on the persons present at the event. 2. The IAP will include information on the fire protection available at the venue.This could include information related to fire alarm systems,standpipe systems,sprinkler systems,fire extinguishing systems,and fire hydrants or other available water resources.The identification of the agencies and a method to contact those responsible for the maintenance or repair of these fire protection systems are important if a system needs repair. 3. To supplement the fixed fire protection,an inventory of fire suppression vehicles and equipment scheduled to be on the property and the methods of contact for agencies and management personnel responsible for response to firerelated scenarios will be part of an IAP. 4. The IAP must include identification of the agencies and a method to contact those responsible for the fire protection of the facility. Traffic Control Component, 1. The traffic control component will include plans for inbound and outbound flow of emergency vehicles and provisions for emergency evacuation of all or part of the site. 2. The traffic control component will include the identification and method of contact for agencies or persons,or both agencies and persons, responsible for traffic flow management and emergency traffic scenarios. 3. Emergency Medical Services(EMS)Component. The IAP will include EMS response information for the venue,the event,or both. 4. EMS response information generally will include an inventory of EMS equipment and staffing scheduled to be at the venue as well as the identification and method of contact of agencies and management personnel responsible for response to a medical emergency. 5. The IAP will identify the emergency medical care provided at the event and the procedure for obtaining an additional level of care or a higher level of care if necessary. Multi-Casualty Incident(MCI). 10/14/2016 4:09 PM I6K9 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 MCI. 2. Agencies and management personnel responsible for response to MCIs will be identified along with methods of contact. 3. Must include the protocol for entering the incident into STARS with 24 hours. 4. Civil Disturbance/Terrorist Incident/Active Shooter.The IAP will include a component for response to possible disruptive or terrorist activities. Hazardous Materials Incidents. 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. Environmentally Threatening Incidents,Including Weather Related Problems. 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 potential for 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 9. Notification procedure for the relocation/evacuation of participants,staff,and guests 10.Assistance and resources needed to effect an orderly relocation/evacuation 10/14/2016 4:09 PM 1 K 9 11.Availability and utilization of shelters on site or off site 12.Resources. The IAP will consider the utilization of available resources to deal with an emergency situation. Personnel. The IAP will describe each position key to the provisions of the plan and the primary responsibilities of that position as it relates to the plan. Personnel resources that the plan may identify include the following: 1. Administrative/event/maintenance 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 Equipment and Supplies. The IAP 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 11.Refrigeration facilities 12,Welding and cutting tools 13 Debris removal equipment 14.Hazardous waste mitigation equipment Transportation. The IAP 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, 10/14/2016 4:09 PM 16K9 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. Ceillsatellite 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 staff B. Notification of guests and participants C. Responsibility for the following: 1. Communication with the news media 2. Authorized release of information and the wording of media releases 3, Locations for interviews or press conferences • 4. Identification of contacts to provide information 3. Communication systems failures due to equipment failure,interference,or systems overload 4. 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 primary system to make failure of the backup system unlikely in the event of a primary system failure. 5. Pre-event testing of communication systems will be part of the IAP.It might not be possible to test some parts of the system until the event is in full progress.At that time,problems related to equipment positioning and radio channel interference might first become apparent,and alternatives will be considered. Pre-Event Agreements. 1. 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. 2 Incidents or events that might require multiple jurisdictional responses will be identified. Critical Incident Stress Debriefing(CISD). 1. A process for identifying incidents in which critical incident stress is a significant hazard will be established and will include identifying personnel adversely affected by incident stress and promptly initiating critical incident stress debriefing (CISD). • 2. 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. 10/14/2016 4:09 PM it 1 6 K 9 7tr Cif 1.7 "i3Celf/A 860, Justin Lobb Airport Manager 642-7878 571-0232 Jeff Walker Risk Mgmt Director 252-8461 580-8310 Ron Miller EHS Manager 252-8091 821-9753 Dan Rodriguez SHWMD Director 252-2508 253-0866 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 252-8839 451-8929 Review. 1, The IAP will be reviewed annually by Risk Management and the location Director as appropriate to meet current or future conditions, 2. A post-incident review will be held with participating agencies to identify practices that could benefit from additional attention or plan revision, SECTION II;TRAINING 1. 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. 2. Training will be conducted by personnel who are qualified through formal training and have experience in this field.This includes trainers such as an equipment manufacturer or a sanctioning body that has a formal training program. Motorsports Safety Awareness Level. 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 (IAP). This information,if applicable,will include the following: A. Recognition of what hazards exist in their area of operation and the potential incidents associated with those hazards B. Recognition of the presence of a hazardous situation or safety threat C. Identification of an emergency incident D. Familiarization of basic safety measures to take to protect themselves from the risks associated with the incident E. Realization of the 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. Familiarization of the existence of the incident management system(IMS)and the public relations plan H. Knowledge of facility features and access/egress points 10/14/2015 4:09 PM 1 K 9 2. It is not the intent of this guide to expect someone informed at the awareness level to 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 fuel valve 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 Safety Operations Level. 1. 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 IAP. 2. 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 event/venue 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 Incident Management System(NIMS) D. Knowledge, skill,and ability to suppress incipient fires 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 Motorsports Safety Technician Level. 1, 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 IAP 2. 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 10/14/2016 4:09 PM 6 K 9 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 I. Knowledge of the type of competitive vehicles and specific features and hazards associated with those vehicles J. Knowledge,skill,and ability 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 Safety Specialist 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 specific knowledge, skill,or ability to take specialized mitigation actions in their demonstrated areas of expertise;and understand their role in the IAP, 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 identified that can assist the individual to develop the following: A. Knowledge,skill,and ability to select,apply,and use specialized equipment,PPE,and procedures necessary to perform their assigned function 8, 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 Motorsports Safety Command/Manager. Persons expected to function to the motorsports safety command/manager level will have the knowledge, skills,and ability of the motorsports safety operations level;have detailed knowledge of the facilities and the event-specific hazards;have the knowledge, skill,and ability to command or direct emergency mitigation actions; and unde'stand all roles in the IAP.Training programs will be • identified that can assist the individual to devel¢p the following: A. Knowledge,skill,and ability to implement aid direct the IMS B Knowledge, skill,and ability to implement nd manage the event/venue IAP C. Knowledge of the hazards and risks assopiated with personnel working in motorsports safety roles D. Knowledge, skill,and ability to activate and coordinate with external emergency resources E. Knowledge of the responsibility to the AHJ 10/14/2016 4:09 PM it f6K9 SECTION III: Personal Protective Equipment(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 Hazard/Risk 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. Personnel functioning in multiple capacities will wear PPE commensurate with the task associated with the highest level of exposure.For example,personnel whose 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 will 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 consideration will be given to fit and comfort.PPE that fits poorly will not afford the necessary protection.Initial and continued wearing of the PPE is more likely if it fits the wearer comfortably. 5. 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. 8. 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. REQUIRED PERSONAL PROTECTIVE EQUIPMENT(PPE) Eve Protection, 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 impact from flying debris,dust,heat,chemical splash, bloodborne pathogens,glare,and optical radiation from welding or a cutting torch. 2. 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/ISEA Z87.1,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 will wear either protective devices fitted with prescription lenses or protective devices designed to be worn over regular prescription eyewear when required. 10/14/2016 4:09 PM 1 K 9 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. 2. Track clean-up personnel,vehicle recovery personnel, marshals,and EMS personnel will wear appropriate closed toe protective footwear commensurate with the tasks they routinely perform, 3. Purpose-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 Incidents;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 2413,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. Hand Protection, 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, 2, 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 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. 5. Personnel engaged in extrication will wear 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 Incidents; 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. 10/14/2016 4:09 PM 16K9 6. Personnel will wear emergency medical gloves when providing emergency medical care that exposes them to the hazards of Bloodbome 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 Infection 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 Protection must be provided by a protective hood designed to provide limited protection to the head,face,and neck. 2. 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. 3. EMS and rescue personnel who might be exposed to flash fire 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. Impact 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. 2. If 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 Protective Headgear for Use with Motorcycles and Other Motorized Vehicles;SFI Specification 3. Flame Resistant Motorsports Helmet—Open Face;31.2A,Flame Resistant Motorsports Helmet— Closed Face; 31.1/2005,Flame Resistant Motorsports Helmet;41.1A, Motorsports Helmets— Open Face; 4. Motorsports Helmets—Closed Face,or 41.1/2005,Motorsports Helmets;or DOT helmets are some examples of the type of head protection that could be worn by personnel exposed to falls from moving vehicles.These documents are noted for guidance and suggestion and are not intended to limit the user. 5. Pit area fire fighters who are exposed to the hazards of flying debris and tools will wear head protection that provides impact protection.Helmets that meet the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting;Snell, SA2000,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;31.1/2005, Flame Resistant Motorsports Helmet; 6. Motorsports Helmets—Open Face;41.2A,Motorsports Helmets—Closed Face;or 41.1/2005, 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 user. 10/14/2016 4:09 PM 1 6 K 9 Hearing Protection. Hearing protection will be worn by all personnel exposed to high noise—level hazards in accordance with 29 CFR 1910,95,"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 8 hour day,With noise, OSHA's permissible exposure limit(PEL)is 90 dBA for all workers for an 8 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 fuel fires 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 fire 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 1971,Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting. 3. Alternatively,a protective garment that meets or exceeds the requirements of SFI 3.2A/5, Driver Suits,may be used only when worn in conjunction with fire-resistant thermal protection underwear. 4. EMS personnel or rescue personnel who are actively engaged in extrication that exposes the personnel to flash fires will wear a protective garment that meets the requirements of NFPA 1951, Standard on Protective Ensembles for Technical Rescue Incidents;NFPA 1977,Standard on Protective Clothing and Equipment for Wildland Fire Fighting; or SFI 3,2A/1, Driver Suits.EMS personnel who do not participate in extrication will be protected as outlined in 6.7,6,Fiame-resistant thermal protection underwear will be worn with an SFI 3.2A11—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 will wear cotton,wool,or similarly flame-retardant,long-sleeved,long-legged clothing. 7. All EMS personnel will use appropriate PPE when providing emergency medical care that potentially exposes the personnel to the hazards of bloodborne pathogens.The federal OSHA standard 29 CFR 1910.1030(c)(3)(i),"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. 8. Personnel operating at motorsports events will be attired in clothing that provides function identification and maximum visibility within the operational environment. 9. Consideration will be given for protective garments to have fluorescent and/or retro reflective trim permanently attached to the outer layer of protective garments to provide visibility. Some garments meeting NFPA PPE standards will already meet this requirement.If 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, SECTION IV: Emergency Services and Equipment 10/14/2016 409 PM A 16K9 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 8,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.In 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, 8. Dry chemical extinguishers having a minimum agent capacity of 10 lb(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. 9. 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. It 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 fire. 10/14/2015 4:09 PM 1 6 K 9 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 Flre-FIghting Vehicles/Apparatue, 1. A Motorized fire-fighting vehicle will 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 on-track fire suppression needs. 2. The motorized fire-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 typically 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 S 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 30 gal(115 L)capacity alcohol-resistant aqueous film-forming foam(AR-AFFF) system with a pump or pressurized tank and with a minimum of 50 ft(15 m)of hose and an appropriate fire-fighting nozzle 4. One or more of each of the 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 5. 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, boll 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. 10/14/2016 4;09 PM 16K9 B. 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. C. All powered rescue tools will be in compliance with NFPA 1936,Standard on Powered Rescue Tools. Emergency 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(IAP). Hazardous Materials Mitigation. 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 disposal will be available based on the hazardous materials present at the venue and the potential for 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 Equipment. 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 special vehicles 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 Recovery Equipment. 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. 10/14/2016 4'.09 PM