HomeMy WebLinkAbout2014-036SHOOTING INDUSTRY MASTERS
AGREEMENT
04-17o 12014
de d
THIS SHOOTING INDUSTRY �TERS AGREEMENT (hereinafter
"Agreement") is entered into as of the 1 day of , 2014 (hereinafter "Effective Date") by
and among Indian River County Florida, a political subdivision of the State of Florida
(hereinafter `County") and Pubhshers Development Corporation, an Illinois corporation
(hereinafter FMG' ), and the Treasure Coast Sports Commission, a Florida not-for-profit
corporation (hereinafter "Commission").
WHEREAS, the County maintains the Indian River County Public Shooting Range
(hereinafter "Range") in Indian River County, Florida; and
WHEREAS, FMG has chosen to conduct the 12th Annual Shooting Industry Masters
(hereinafter "Masters') at the Range in July of 2014; and
WHEREAS, FMG, the Commission and the County will be conducting several events in
conjunction with the Masters; and
WHEREAS, FMG, the Commission and the County desire to enter into this Agreement
setting forth the certain terms and conditions with respect to the Masters and any and all related
events; and
NOW, THEREFORE, in consideration of the foregoing and the mutual benefits,
undertakings and covenants contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1. Adoption of "Whereas" Clauses.
The above recitals are true and correct and are incorporated herein.
Section 2. Firearms, Ammunition and Event Materials Storage.
2.1. On or after May 1, 2014, FMG shall deliver a 15' x 8' x 8'6" container (hereinafter
' Container") to the Range The Container shall be placed between the sporting clays course and
the 5 -stand, and shall be locked at all times Only the Range Master 1 of the Range is permitted
to have a key to the Container FMG shall remove the Container from the Range on or before
July 31, 2014.
2.2. On or after May 1, 2014, FMG shall deliver to the Range the ammunition that it
intends to use at the Masters The County shall receive, log and place the referenced ammunition
into the Container.
2.3. On or after July 15, 2014, FMG may deliver firearms and any and all supplies and
other equipment to the Range that will be used at the Masters.
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2.4. From July 15, 2014, through July 20, 2014, the County shall provide 24-hour
oversight of the firearms, ammunition, supplies and other equipment being stored at the Range
on behalf of FMG for the Masters.
2.5. Neither the County, including its commissioners, officers, directors, managers,
employees, representatives, officials, associates, successors, insurers, agents, attorneys and
assigns nor the Commission, including its commissioners, officers, directors managers,
employees, representatives, officials, associates, successors, insurers, agents attorneys and
assigns shall be liable or responsible for any accident or damage that may occur to any items
associated with the Masters. If the County chooses to store any firearms or ammunition for a
sidematch participant, the County is solely responsible for any accident or damage that may
occur
Section 3. Exclusive Use of the Range.
FMG shall have the exclusive and unlimited right to use the Range from Monday, July 14, 2014,
to Sunday July 20, 2014. The Range shall be closed to the public on the above -referenced dates.
However, the County may re -open the Range for the public on Sunday July 20, 2014, if FMG
has vacated the Range. The Range shall be deemed to be vacated if FMG's firearms, supplies
and other equipment, excluding the Container referenced in Section 2.1 of this Agreement have
been removed from the Range In the event that the Masters is extended until Sunday, July 20,
2014, as set forth in Section 6.5 below, FMG must remove all of its firearms supplies and other
equipment, excluding the Container referenced in Section 2.1 of this Agreement from the Range
by noon, Monday, July 21, 2014.
Section 4. Shooting Industry Masters Honors for HAVA Golf Tournament.
On Thursday, July 17, 2014, the County shall host the Shooting Industry Masters Honors for
HAVA Golf Tournament at the Sandridge Golf Club (hereinafter "Golf Tournament"). A
maximum of 120 players will be permitted to participate in the Golf Tournament (hereinafter
"Participants) The registration for the Golf Tournament shall be open to the public however,
20 places will be reserved for special guests associated with FMG and the County. The fee for
participating in the Golf Tournament shall be $100 per Participant. The County shall be
responsible for collecting the fee from the Participants. The County shall donate a minimum of
50% of the fees received from Participants to the Honored American Veterans Afield
("HAVA"). The County shall also donate all proceeds derived from prize raffles and sales of
"mulligans' to HAVA. The County shall provide continental breakfast, an awards luncheon
following the Golf Tournament and tee package gift bags for all of the Participants. The County
may obtain sponsors for the Golf Tournament and shall keep all proceeds from such
sponsorships, as set forth in section 12. The County reserves the right, at its own discretion, to
utilize a second golf course at Sandridge Golf Club to allow for more than 120 Participants in
the Golf Tournament. The County is solely responsible for all aspects of plammmg for,
coordinating operating and running the Golf Tournament. FMG is in no way responsible or
involved in the Golf Tournament.
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Section 5. Western BBQ at Historic Dodgertown.
On Thursday, July 17, 2014, the County and the Commission have the option to host a
community event for FMG from 6 p.m. to 10 p m. with a western BBQ theme at Historic
Dodgertown in Vero Beach, Florida (hereinafter ` BBQ Event"). The Commission shall pay for
the food for the BBQ Event Alcoholic beverages will be provided and paid for by outside
sponsors. On or before April 17, 2014, FMG shall provide Commission and County with the
total number of individuals who plan on attending the BBQ Event. No more than 600 individuals
will be permitted to attend the BBQ Event.
Section 6. The Masters.
6.1. On Friday, July 18, 2014, and Saturday, July 19, 2014, FMG shall conduct and the
County shall allow the Masters at the Range.
6.2. Beginning no later than Tuesday, July 15, 2014, the County shall provide the
following facilities and targets to FMG for the Masters:
• A sporting clays course that can accommodate 200 shooters per day;
• 100 sporting clays targets per shooter to accommodate a Sporting Clays Course of Fire;
• A 35 -position, 25 -yard pistol range;
• A 29 -position rifle range;
• Use of trail near the archery range for Airsoft team event; and
• The opportunity for side matches at the 29 -position 100 -yard rifle range, airgun range and
static archery range.
6.3. During the Masters, the County shall also provide
• 30 volunteer pullers for the Sporting Clays Target Range during all hours of operation
throughout each day;
• 30 additional volunteers to assist during all hours of operation throughout each day;
• Portable toilets, trash bins and water coolers to accommodate 500 people;
• Clean up during and after all hours of operation;
• Adequate drinking water for 500 people;
• Staging area with PA system;
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• Indian River County Fire Rescue Division personnel at the Range during all hours of
operation; and
• Parking Plan as set forth in Exhibit A
6.4. FMG shall be responsible for catering lunch during the Masters for all participants
and volunteers.
6.5. If there is a delay in the Masters due to weather or for any other reason, Sunday,
July 20, 2014, shall be reserved as a "make-up" day for the Masters. FMG shall provide lunch at
the Masters on the `make-up" day.
6.6. FMG intends to offer the Masters participants a Course of Fire event. FMG shall
provide all of the steel targets necessary for the Course of Fire. The Course of Fire shall be
restricted to the designated range line areas unless the details of the event are disclosed to and
approved by either the Deputy Division Commander of Law Enforcement Services or the Range
Master 1 of the Range.
Section 7. Range Expansion.
The County agrees to complete the additional side wall adjacent to existing handgun range to
serve as additional live -fire area (a mi imum 82' x 105') prior to June 30, 2014
Section 8. Security for the Masters.
At all times during which FMG has exclusive use of the Range as provided in Section 3, above,
the County shall provide adequate and appropriate levels of security. At all times during which
the Masters is being conducted as provided in Section 6 of this Agreement, the security provided
by the County shall include uniformed and armed personnel from the Indian River County
Sheriff's Office, marked patrol vehicles and overnight security at the Range. The County shall
also provide Sheriff Office personnel at the front gate of the Range to monitor competitors in the
Masters with wrist bands.
Section 9. Range Fees for the Masters.
The total fees charged by the County for the use of the Range shall be $14,000. By September
30, 2014, the Commission shall pay $10,000 to the Range for FMG s exclusive use of the Range
between Monday, July 14, 2014, and Sunday, July 20 2014. FMG shall, at its sole option, either
a) donate, at the conclusion of the Masters, non -defective steel targets valued at no less than
$4,000; or b) pay the County $4,000 no later than August 31, 2014
Section 10. Awards Banquet.
On July 19, 2014, between the hours of 3 p.m. and 11 p m , the County shall provide FMG the
exclusive use of the Indian River County Fairgrounds & Expo Center for FMG to host an awards
banquet (hereinafter "Banquet' ). The Banquet will be conducted between 6 p.m and 10 p.m.
The County shall be responsible for providing adequate security for the Banquet. FMG shall be
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responsible for providing food and alcohol and set-up for the Banquet through a caterer that has
the appropriate state alcohol licenses. The County shall provide an auctioneer, a sound system
and a stage for the Banquet Copies of all necessary state alcohol licenses shall be provided to
the County Administrator at least fourteen (14) days prior to the Banquet. The County shall issue
all required permits to FMG so that alcohol may be served at the Banquet.
Section 11. Insurance Requirements.
11.1. FMG, as a pre -requisite of the Masters and other associated activities governed by
this Agreement, shall obtain and maintain the following levels of insurance for all of the above -
referenced activities to be conducted between July 14, 2014, and July 20, 2014, unless otherwise
stated herein:
• General Liability: No less than $3,000,000.00 combined single limit per occurrence for
bodily injury, personal injury and property damage;
• Workers Compensation and Employers Liability: Workers Compensation limits of
$500,000.00 per accident;
• Host Liquor Liability: No less than $1,000,000.00 per occurrence and no less than
$2,000,000.00 aggregate-
• Medical Expense $5,000.00 any one (1) person;
• Automobile Liability insurance: No less than $1,000 000 per occurrence; and
Personal Property Insurance: For the full value of all items being stored at the Range on
behalf of FMG. FMG shall provide the County with proof of this insurance (or proof of
any supplemental insurance that the County is named as an additional insured party) by
May 1 2014.
11.2. The County and the Commission shall be covered as additional insured on all of
the policies referenced herein. The coverage shall contain no special limitations on the scope of
protection afforded to Indian River County, its officers officials, employees or volunteers. FMG
shall furnish the County with a certificate evidencing the insurance as required by Section 11 no
later than July 1, 2014 unless otherwise stated
Section 12. Sponsorship.
FMG shall be solely responsible for, and exclusively entitled to obtain, sponsorships for the
Masters. Neither the County nor the Commission shall be permitted to hang any signage or
display logos of sponsors the County or the Commission generate for sponsorship during the
Masters unless otherwise agreed to m writing by FMG FMG shall have the right to retain all
money from sponsorships generated for the Masters. The County shall have the exclusive right
to generate and retain all sponsorship money raised for any other event conducted by the County
or the Commission, including, but not limited to the Golf Tournament and the BBQ Event. The
County and the Commission shall be permitted to use the 2014 Masters name/logo and/or FMG
name/logo only to secure sponsorships for the Golf Tournament and the BBQ Event.
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Section 13. Liability and Indemnification.
Neither the County nor the Commission shall be liable or responsible for any accident or damage
that may occur in conjunction with any of the activities described m this Agreement. FMG shall
defend, hold harmless and indemnify the County and the Commission with respect to any and all
actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys'
fees) arising out of or relating to any negligence, intentional misconduct, breach of this
Agreement or breach of applicable law by FMG in conjunction with any of the activities
described in this Agreement
Notwithstanding the foregoing, FMG shall not be responsible for, nor defend or indemnify the
County or the Commission for any negligence or reckless acts committed by the County, the
Commission, or any of its employees or agents.
Section 14. Assignment.
FMG and the Commission may not transfer or assign this Agreement, or any portion thereof, to
any third party without the express written approval of the County, which approval may be
granted or withheld in its sole discretion.
Section 15. Miscellaneous.
15.1. Time of the Essence. Time is of the essence in the performance of each and every
provision of this Agreement.
15.2. Force Maieure/Emergency. Any non-performance of the terms or conditions of
this Agreement caused by or resulting from an event of Force Majeure (as defined below) shall
not constitute a violation or event of default. For the purposes of this Agreement, the term
`Force Majeure" shall mean acts of God strikes, lockouts or other industrial disturbances acts of
the public enemy, wars, blockades, explosions, insurrections, riots epidemics, landslides,
lightening, earthquakes, fires, hurricanes tropical storms, floods, tornadoes, restraints of
governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of
applicable laws prohibiting performance and other such causes not within the reasonable control
of the party claiming the occurrence of an event of Force Majeure
15.3. No Waiver. The failure of either party to enforce any provision of this Agreement,
or the waiver thereof, in any specific instance by either party shall not be construed as a general
waiver or relinquishment on its part of such provision in any other instance, and such provision
shall nevertheless remain in full force and effect.
15.4. Bmdmg Affect Severability All of the provisions of this Agreement shall be
binding upon and inure to the benefit of and be enforceable by the parties. If any provisions of
this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable,
the remaining provisions shall not be affected thereby.
15.5. Governing Law; Venue; Attorney Fees. This Agreement shall be construed,
governed and interpreted according to the laws of the State of Florida. Venue for resolution of
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any dispute shall be in Indian River County, Florida. Each party shall bear its own attorney fees
in any dispute arising under this Agreement. Each party, however, is entitled to attorneys' fees
pursuant to Section 57.105, Florida Statutes.
15.6. Entire Agreement; Amendments. This instrument constitutes the entire agreement
between the parties and supersedes all previous discussions, understandings, and agreements
between the parties relating to the subject matter of this Agreement. Amendments to and
waivers of the provisions of this Agreement shall be made by the parties only in writing by
written amendment or other appropriate written document. This Agreement may be executed in
separate counterparts, each of which shall be deemed to be an original and all of which together
shall constitute one and the same instrument.
15.7. Construction/Interpretation of Agreement. Each party has participated equally in
the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is
required to interpret any provision of this agreement the provision shall not be interpreted for or
against either party upon the basis that such party was or was not the preparer of this Agreement.
15. Sovereign Immunity. Nothing herein shall constitute a waiver of the COUNTY'S
sovereign immunity
15.9. Waiver of Jury Tnal. EACH PARTY KNOWINGLY AND VOLUNTARILY
WAIVES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CAUSE OF
ACTION OR ISSUE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
15.10. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this
Agreement is solely for the benefit of the named parties and no enforceable right or cause of
action shall accrue hereunder to or for the benefit of any entity or individual not a named party
hereto.
15.11. Notices. Any notice required hereunder shall be in writing and shall be delivered
by personal delivery, courier, express or overnight mail, or certified mail, return receipt
requested, addressed to the appropriate party as follows:
If to County
If to FMG
If to Commission
County Administrator
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Randy Molde
Publishers Development Corporation
12345 World Trade Dr.
San Diego, CA 92128
Rich Nalbandian
Tradition Field 5
25 Peacock Blvd.
Port St Lucie, Florida 32986
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15.12. Counterparts This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original and all which together will constitute one and the same
instrument.
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IN WITNESS THEREOF, the parties have set their hands and seals the date entered
below.
ATTEST: Jeffrey R Smith Clerk of
Court and Comptroller
By:
Deputy Clerk
(Affix Seal)
Approved:
•1'"� C0Myj;s%
•�.. . • o
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY ("Indian River
County")
By:
Peter O'Bryan, Chairman dr.
;'?FA's Approved by BCC:
Joseph A. Baird
County Administrator
ATTEST:
(Affix Seal)
•
April 1
*_
t1 Approved as to form and legal sufficiency:
fib;
By:
D ' an Reingold
County Attorney
, 2014.
Vice President, Business Development
Date: , 2014.
ATTEST: COMMISSION
(Affix Seal)
B
wci 474 ace)
Date: /52.- L 3
, 2014.
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