HomeMy WebLinkAbout2003-286A _ ¢ .� I . o3
Indian River County 0'w
Holman Stadium Use Agreement
This Holman Stadium Use Agreement (" Agreement" ) is made this 21t day of
October, 2003 by and between Indian River County Board Of County Commissioners, a
political subdivision of the State of Florida (" County") and Boys and Girls Clubs of
Indian River County, Inc . , a Florida not for profit corporation ("User Group" ) .
BACKGROUND RECITALS
A. The User Group has requested the use of Holman Stadium facilities and/or the
four (4) baseball practice fields and the two (2) half baseball practice fields
(collectively referenced as " Stadium") under the terms and conditions set forth in
the Indian River County Holman Stadium Use Guidelines, attached to this
Agreement as Exhibit 1 and incorporated herein in its entirety by this reference
and under the terms and conditions set forth in this Agreement .
B . The County will allow the User Group to use the Stadium under the terms and
conditions set forth in Exhibit 1 and under the terms and conditions set forth in
this Agreement .
NOW THEREFORE , for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties agree as
follows :
1 . PERIOD OF USE . This Agreement shall be in force from A _ 11004 to
20 Qq and includes all setup and clean up time .
2 . NUMBER OF PARTICIPANTS EXPECTED . User Group estimates that the number
of participants expected at the event is lo , �Oo
3 . DESCRIPTION OF EVENT . User Group states that the following is an accurate
description of the event cCA\ avNQRr-�-
4 . INSURANCE . The Minimum dollar amounts and types of insurance coverages
required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety
by this reference .
5 . FEES . The User Group agrees to pay all Stadium use charges as set forth in Exhibit 1,
including, without limitation, the charges set forth in paragraphs C , D , F, G, H, and I.
Where the User Group uses the services of the Dodgers for parking attendants, ticket
takers, security personnel, clean-up crews, or concession operations, the User Group
acknowledges and agrees that the County shall cause the Dodgers : (i) to provide a written
invoice for such services to the User, together with a courtesy copy to the County within
ten ( 10) business days after the conclusion of the event ; and (ii) to remit the net funds, if
any, to the User Group . In addition, all costs for utilities and any other costs incurred by
the Dodgers in connection with the User Group ' s use of the Stadium shall be set forth on
the foregoing written invoice, and such costs shall also be deducted from the net funds, if
any, and remitted to the User Group . Upon the County ' s receipt of the invoice and notice
of transmittal of funds to the User Group, the security deposit shall be returned to the
User Group ; provided, however, that in the event the costs invoiced by the Dodgers
exceed the funds available, the County shall have the right to use the security deposit for
such costs . In addition, the User Group agrees to be solely responsible to pay any and all
additional charges required for the staging of the event .
6 . INDEMNIFICATION AND WAIVER OF CLAIMS . The User Group assumes all
risks and agrees to indemnify fully and save and hold harmless the County, its officers,
employees, and agents (hereinafter individually and collectively referenced as
"Indemnified County Parties" ) , and the Los Angeles Dodgers Inc . , their respective
owners, share holders, officers, employees, representatives, agents, heirs, successors, and
assigns (hereinafter individually and collectively referenced as "Indemnified Dodgers
Parties") against all claims, losses, damages, judgments, liabilities, accidents or injuries to
person( s) or property, and causes of action, including reasonable attorney ' s fees and court
costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions,
negligence, or willful misconduct of any participant in the event, the User Group, its
visitors, agents, and employees . The Indemnified County Parties, and the Indemnified
Dodgers Parties shall not be liable for damages to, or loss of, personal property sustained
by the participants in the event, the User Group , its visitors, agents, employees, or any
person claiming by or through the User Group , or any of the foregoing, resulting from
any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such
are not due to the sole negligence, or willful misconduct of the Indemnified County
Parties or the Indemnified Dodgers Parties . This indemnification paragraph shall survive
the expiration or sooner termination of this Agreement .
7 . CANCELLATION . This Agreement is subject to cancellation by either the User Group
as set forth in Exhibit 1 .
8 . FACILITY UNAVAILABILITY DISCLAIMER . The County assumes no
responsibility for circumstances that may require the closing of the Stadium facility due
to conditions that would render it unfit for public usage due to inclement weather, state
health department or other regulatory agencies requirements . In the event of such
occurrence it is the responsibility of the User Group to obtain alternative facilities and
the County shall have no liability whatsoever to the User Group .
9 . GOVERNING LAW . The laws of the State of Florida shall govern this Agreement and
any and all legal action shall be instituted in Indian River County for all state court
matters and in the Southern District of Florida for all federal court matters .
10 . ENTIRETY OF AGREEMENT . The Agreement incorporates and includes all prior
and contemporaneous negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings of any nature whatsoever concerning
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the subject matter of this Agreement that are not contained in this Agreement . No
supplement, modification, or amendment to this Agreement shall be binding unless
signed in writing by the County and the User Group .
11 . SEVERABILITY . In the event that any of the provisions of this Agreement are
deemed unenforceable, the enforceability of the remaining provisions of this Agreement
shall not be affected .
12 . ASSIGNMENT . User Group shall not grant, assign, or otherwise convey to anyone
any or all of its rights to use the Stadium hereunder without the prior written consent and
approval of the County and the Dodgers . The User Group shall use the Staduim only in
the manner contemplated in this Agreement .
13 . THIRD PARTY BENEFICIARY . No person other than the Dodgers, the County,
the Indemnified County Parties, the Indemnified Dodgers Parties, and the User Group,
and the successors of the User Group shall have any rights whatsoever under this
Agreement .
14 . BACKGROUND RECITALS . The Background Recitals are true and correct and
form a material part of this Agreement .
15 . DEFAULT . County shall have the right to terminate this Agreement and/or deny
User Group use of the stadium if User Group defaults in the performance of any
obligation hereunder, provided that in the event of such default, the County shall give the
User Group notice of such default and twelve ( 12) hours to cure the default or a lesser
time if appropriate to the default on the day of the event .
16 . NOTICES . Any notices or other written communications from the User Group to the
County shall be delivered by fax, overnight mail, hand delivery, or first class mail to the
County Recreation Director. Any notices or other communications from the County to
the User Group shall be delivered by fax, overnight mail , hand delivery, or first class mail
to the User Group Executive Director. The names and address to be contacted are as
follows :
As to the County :
Indian River County Board of County Commissioners
Attn : Cliff Crawford, Recreation Director
1840 25th Street
Vero Beach, FL 32960
FAX : 772 - 978 - 1780
As to the User Group
Boys and Girls Clubs of Indian River County, Inc .
2926 Piper Drive, Building 13
Vero Beach, Fl 32960
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Attn : Leisa Smith- Fulton, Executive Director
FAX : 772 -299- 3840
P . O . Box 3068 Vero Beach, F132964
SECTION 17 : SPECIAL CONDITIONS . The parties acknowledge and agree that the
County has granted a one-time exception to the prohibition on alcohol set forth in
paragraph E of Exhibit 1 to User Group on October 14 , 2003 . The parties further
acknowledge and agree that the insurance requirements and amount of security deposit
required from User Group are set forth on Exhibit 2 attached hereto and incorporated
herein in its entirety by this reference .
IN WITNESS WHEREOF , the County and the User Group have caused this Agreement
to be executed in their respective names as of the date set forth above .
USER GROUP : INDIAN RIVER COUNTY, FLORIDA
By :
Boys and Girls Clubs
of Indian River County, Inc .
James E . Chandler, Administrator
Qr designee
By : � � By : qV
Title : � Xec .► e p ; IeL o Tit Coc /ii 1 % �/ e 1-nr�✓ rs7�0 / T � �
A P OVED AS TO FORM
A SW++GIEN Y
MARIAqE,.
LSSISTANT COUNY ATTORNEY
APPROVAL BY THE LOS ANGELES DODGERS , INC. SOLELY AS TO THIRD
PARTY BENEFICIARY PROVISIONS
LOS ANGELES RODGERS , INC .
B
Title : V ,
4
EXHIBIT 1
Indian River County
Holman Stadium Use Guidelines
A. Eligibility
Requesting user groups must be a Not - for- Profit section 501 (c)(3 ) corporation based in
Indian River County and serving Indian River County residents . Eligible user groups are
limited to one use per lease year, September 1 through August 31 .
B . Use of premises
Use of Holman Stadium facilities and/or the four (4) baseball practice fields and the two
(2) half baseball practice fields (collectively referenced as "Stadium") must be lawful and
consistent with the use of Indian River County public facilities . In addition, use must be
in compliance with section 6 . 04 of the agreement dated September 1 , 2000 between
Indian River County and the Los Angeles Dodgers Inc . ("Dodgers ") , a copy of which
section is attached as Attacluuent 1 and incorporated herein in its entirety by this
reference . Requested use and dates must not conflict with scheduled facility use by the
Dodgers , Indian River County scheduled events, or events sponsored by the Treasure
Coast Sports Commission. User group shall not exclude from participation in, deny the
benefits of, or otherwise subject anyone to discrimination in, the use or operation of the
Stadium for the event on the basis of age, sex, disability, race, color, national origin,
religion, or ancestry.
C . Security
Security will be provided by the Indian River County Sheriff' s Office or the Vero Beach
Police Department and the Dodgers . All costs associated with security shall be the
responsibility of the user group . The security provisions must have the prior written
approval by both the Dodgers and either the Indian River County Sheriff' s Office or the
City of Vero Beach Police Department, as applicable . User group is responsible for
reimbursement both to the Dodgers for cost of security personnel and to the Indian River
County Sheriff' s Office or the Vero Beach Police Department, as applicable, for event
security and traffic control .
D . Insurance
Insurance requirements will be determined by the County ' s Risk Manager based on the
type of event, anticipated attendance, and other criteria as established for the
determination of appropriate coverage. The County shall notify the user group during the
review process set forth in paragraph K2 of these Guidelines of the types and amounts of
required insurance coverages . Indian River County and the Dodgers must be named as
additional insureds in the policy or policies of insurance . A certificate or certificates of
insurance must be delivered to both the County ' s Risk Manager and the Dodgers
containing the types and amounts of coverage, and showing the required additional
insureds no later than ten ( 10) business days prior to the event date . In addition, the
agreement to be executed by the user group and the County shall contain an indemnity
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from the user group to the County and the Dodgers for the costs of any damage or
destruction to the Stadium that occurs in connection with the use of the Stadium by the
user group .
E . Alcohol
User groups are prohibited from allowing, selling, having, using, consuming, or
providing, on any basis whatsoever, or allowing the sale, use, consumption, or provision,
on any basis whatsoever of, any alcoholic beverages of any nature whatsoever from, in,
around, or in connection with, the Stadium or premises at any time prior, during, or after
the event at the Stadium or premises . A user group that violates this restriction will be
prohibited from any future use of the Stadium.
F. Facility use costs
User group is responsible for any and all expenses associated with the use of the
Stadium, including costs imposed by the Dodgers for use, including, but not limited to ,
parking attendants , ticket takers, security personnel , clean-up crews , concession
operations , and utilities, all as set forth in Attachment 1 .
G. Security Deposit
User Group shall post a security deposit in the amount of a minimum of Ten Thousand
Dollars ($ 10 , 000) in the form of cash, or a certified or cashier's check drawn on any
United States bank, irrevocable direct pay letter of credit, or surety bond issued by a
surety licensed to issue surety bonds in Florida and included in the most recent United
States Department of the Treasury List of Acceptable Sureties, each of the foregoing
payable to Indian River County to be held by the County, and in the case of an
irrevocable direct pay letter of credit or surety bond, in form and substance acceptable to
the County. The County reserves the right to increase the amount of the required security
deposit due to the nature of the event, and the County shall notify the user group during
the review process set forth in paragraph K2 of these Guidelines of any additional amount
of security deposit . The User Group shall deliver the security deposit to the County
Office of Management & Budget no later than no later than ten ( 10) business days prior
to the event date and, if applicable, execute a cash escrow agreement between the County
and the User Group , in form and substance acceptable to the County, at the time the
security deposit is tendered.
H . Facility preparation and cleanup
The user group is responsible for all costs associated with the sStadium cleanup and field
restoration as set forth in Attachment 1 . The Dodgers must approve cleanup and
restoration. If the user group should fail to restore the Stadium facility and grounds , the
Dodgers will have the authority to initiate cleanup and restoration, and any additional
costs will be the sole responsibility of the user group , as set forth in Attachment 1 . . The
County reserves the right to deduct any such additional costs from the security deposit .
I. Television rights
Any recording or taping of the event must have the prior written approval of both the
Dodgers and the County, which consent may be granted, denied, or conditioned by either
the County or the Dodgers at their sole respective discretion. Nothing contained herein
shall be deemed or construed to require approval by either the County or the Dodgers of
any recording or taping of the event .
J. Concessions
Concession sales and operations must have the prior written consent of the Dodgers
which consent may be granted, denied, or conditioned by the Dodgers in its sole
discretion. The user group will reimburse the Dodgers for any concession service costs
incurred by the Dodgers , as set forth in Attachment 1 .
K. Procedures
1 . A written request, approved by the user group ' s board of directors , for use must be
submitted in writing on the requesting user group letterhead to the County Administrator
or his designee at least one hundred twenty ( 120) days in advance of the requested use
date. The request must include the following : requested date(s) of use, type of event,
estimated attendance, purpose, proposed budget, including preliminary anticipated
expenses and revenues , copy of section 501 (c) (3 ) status, and a listing of current board of
directors and executive director. The County will coordinate with the Dodgers to obtain
the written approval of the availability of the date(s) from the Dodgers .
3 . After the County Administrator or designee review, the user group will be notified in
writing, within thirty (30) business days after the date the request was submitted, of the
status of the request; the amount of the required security deposit ; the types and amounts
of required insurance coverages ; and the date the request will be submitted for County
Commission consideration. The County Administrator or designee will submit the
request to the County Commission. The County Commission may approve, approve with
conditions or deny the request . The approval or disapproval is at the sole discretion of the
County Commission.
2 . Review and approval shall include : County Administrator, Recreation Department,
Risk Management Department, Budget Department, and Finance Department, and the
Indian River County Sheriff' s Office or the Vero Beach Police Department . It is the
responsibility of the requesting user group to secure all appropriate approvals .
4 . Execution of an agreement between the County and the user group with respect to the
use of the Stadium ; submission of proof of ability to obtain the required insurance
coverages ; delivery of security deposit, and, if applicable, execution of a cash escrow
agreement between the County and the user group ; and delivery of certificates of required
insurance coverages .
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L. Fiscal reports
Within thirty (30) business days after the event, a summary of expenses , revenues , and
participation signed by the executive director and the chairperson of the user group ' s
board must be submitted to the County Administrator or his designee .
M. No County funding
County contribution is use of the Stadium on the date or dates requested by the user
group . No County funding of any nature whatsoever, cash or in- kind, will be provided.
N. Permits
Any and all required permits and licenses and associated costs for use based on the Indian
River County Code of Ordinances, Health Department or any other regulatory authorities
are the sole responsibility of the user group . Proof of permits must be provided no later
than thirty (30) calendar days prior to the requested the use date to the County
Administrator or his designee . Failure to provide proof of required permits authorizes the
County to remedy the situation including up to termination of the requested use . Any
expenses incurred by the user group associated with the use of the stadium facilities prior
to the time of termination of the requested use pursuant to this paragraph are the sole
responsibility of the user group .
O . Cancellation of event
The County, in a declared emergency, may cancel the event at its sole discretion .
If the user group proposes to cancel the use after the County Commission has approved
the application and reserved the date(s) , the user group must notify the County
Administrator or his designee and the Dodgers in writing as soon as possible prior to the
scheduled date of use .
P . Remedies
Failure of the user group to comply with the terms of the agreement authorizes the
County to cancel the event up to the date of the scheduled event, and may prohibit the
use of the Stadium by the user group for future events at the sole discretion of the
County.
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ATTACHMENT 1
Section 6.03 . Bight to Jc�• h iwaMr:« .. In addition to all of the rights specifically the Dodgers in this Sh P
tally granted .to
�'m>� the Dodgers shall have the right to use the Facility in any manner
and/or for any lawful purpose that the Dodgers deem a ro
absolute discretion, subject. to the terms of this Agr=natPp P .
nate in exercise of their sole and
Section 6.04. The County's Use of Holm R 4�Af�nim s
shall have the ' : .The County
right to use Hohnan Stadium and/or the practice fields for up to twenty (20) days per
Lease Year at no - charge to the County (other than reimb ; '
ursing the Dodgers for . any ' operating
s incurred by. the Dodgers as a result of the County's use of Holman Stadium arc/or the
Practice fields): The dates during which the Catinty may. Holman Stadium. an
the practice
fields shall be selected by mutual agreement of the parties; provided that, if the parties cannot agree
on the dates, the Dodgers' reasonable selection of dates shall be final and controlli
may use Holman Stadium and/or the practice fi ng. The County
elds only for functions which do not compete with
revenu"enerating events which. may otherwise be arranged by the Dodgers, Moreover, the
County's use of Homan Stadium and/or the practice fields must not interfere in any way with the
Dodgers' use and quiet enjoyment ofthe Facility, .The Co
Holman Stadium and/or the practice fields unty shall not or authorize the use of
in an
impact on Holman Stadium and/or the practice any
manner
and the County shall be and remain solely-
responsibleave a material
for any damage . or destruction to Holman Stadium and/or the practice fields by the.
County or its- assignee. The County shall be entitled to retain the revenues from ticket sales for its
events, and, with the prior consent of the Dodgers, concessions sold during the events when Holman
Stadium and/or the practice fields are utilized by the County; provided; however, that the Dodgers
shall not be' required to provide concession services and/or any other services during any County
event . In all cases, the Dodges shall be reimbursed by the County for any operating costs and
expenses incurred by the Dodgers as a result of the County ' s use of Holman Stadium and/or the
Practice fields, including, but not limited to, the cost of an
taks, security
Personnel, clean-up crews, and the like provided by the Dodgers. a Prior tosusing Ho man Stadium
and/or the practice fields as provided herein, the County shall cause the Dodgers to be named as an
additional insured on the County ' s general liability insurance policy and shall deliver to the Dodgers
a certificate of insurance which verifies the existence of the policy and the fact that the Dodgers are
named as an additional insured .
Section 6 . 05 , Parking. The parties hereby acknowledge and reaffirm the parking rights that
they have granted pursuant to the Parking Agreement .
ART ZLLvW
REVENUES
Section 7 01 RevIt During the Term , the Dodgers shall control , collect , receive, and
retain all revenues generated by any means at or in connection with the Facility, including, but not
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A TRUE COPY o
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Page 13 of 27 JXtrARTOiJ , t. >_ERK
EXHIBIT 2
Holman Stadium Use Guidelines - Boys & Girls Club Fundraiser
A. Commercial General Liability. Coverage shall provide minimum limits of liability of
$ 3 , 000, 000 . 00 per occurrence combined single limit for bodily injury and property damage . This
shall include coverage for premises/operations , products/completed operations , contractual liability
and independent contractor. Indian River County and Los Angeles Dodgers Inc . will be endorsed as
Additional Insureds .
B . Business Auto Liability. Coverage shall provide minimum limits of liability of $ 3 , 000 , 000 . 00
per occurrence combined single limit for bodily injury and property damage. This shall include
coverage for owned autos, hired autos and non-owned autos . Indian River% County and Los Angeles
Dodgers Inc . will be endorsed as Additional Insureds ,
C . Workers ' Compensation . Coverage shall meet statutory limits in compliance with the
Workers ' Compensation Law of Florida. This policy must include Employer ' s Liability with a
minimum limit of $ 100 , 000 . 00 each accident, $ 500, 000 . 00 disease policy limit, and $ 100 , 000 . 00
disease each employee .
D . Liquor Liability. Coverage shall provide minimum limits of liability of $ 1 , 000, 000 . 00 per
occurrence . Indian River County and Los Angeles Dodgers Inc . will be endorsed as Additional
Insureds .
E . Umbrella or Excess Liability. May be used to satisfy the minimum liability limits required
above for Commercial General Liability or Business Auto Liability. There is no minimum Per
Occurrence limit of liability under the Umbrella or Excess Liability policy; however, the Annual
Aggregate limit shall not be less than the highest "Each Occurrence " limit for either Commercial
General Liability or Business Auto Liability. Indian River County and Los Angeles Dodgers Inc .
will be endorsed as Additional Insureds unless the Certificate of Insurance states the Umbrella or
Excess Liability provides coverage on a "Follow-Form" basis .
F. General. All insurance carriers shall be admitted to issue insurance in the State of Florida, and
all will have an A.M . Best rating of A- VI or better. Ten ( 10) business days prior to the event, a
certificate(s) of insurance will be provided to the County' s Risk Manager for review and approval .
The certificate shall provide Indian River County and Los Angeles Dodgers Inc . with thirty (30)
days notice prior to cancellation or modification of any stipulated insurance. Such notification will
be in writing by registered mail, return receipt requested.
G. Security Deposit. A security deposit, in one of the forms set forth in paragraph G of Exhibit 1
in the amount of Twenty Thousand Dollars ($20, 000 . 00) is required .
5
AUVIW
M Lt: K i it- IGA ! t Utw LIA8iLI l YftNbIUMNCE 03/19/2004
I PROD (410) 3 56-4020 FAX 7'10356 -461-7 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
Insurance Designers of Maryland , Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
300 Redland Court HOLDER.
OERISCEGEAFFRpS NOT AMEND,
ESENDO
Suites 105 - 107 THE RAPO
Owings Mills , NO 21117 INSURERS AFFORDING COVERAGE MAIC
INsuRED Boys and Girls Clubs o Indian River County INSURMA, Capitol SPecial , Ltd ,
P . O . Box 3068 CJSURER6:
Vero Beach , FL 32964 INSURER C;
WBURER D:
rauRER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED: NOTWITHSTANDINI
ANY REQUIREMENT, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITK)NS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN€RDD'
Imt TYPEOFINSURANfS POLICYNUMBER
tJM1T5
dEhIPJWLI.taBILIrY 3001809 04/02/2004 04/04/2004 EACH OCCURRENCE S 11000 , 00
X 01
COMMERCIAL GENERAL LIABILITY DAnRgGb TO RENTED a 50 , 00
CLAIMS MwF Q OCCUR - MED EXP (A,ry one parson) S
A
PER90NAL A ADV INJURY S LOW 00
GENERAL AGOR4QATfi S 29000 , 00
OENL AGGREGATE UMITAPPLIB6 PER: PRODUCTS - COMP,OP AGG s 1 000 00
F] POUCY17 JPEFT LOC
ALTONIOBLLE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT
(Ea 600dent) S
ALL CWNED AUTOS
'
SCHEDULED AUT08 BODILY INJURY
(Per Percen)
HIRSO AUTOS
NON-OWN6ODILYINJURY S
mAUTO5 (Pw aedaent)
PROPERTY DAMAGE i
(Per aoatmnt)
GARAGE LIABILITY
AUTO ONLY . EA ACCIDENT 6
ANYAUTO
OTHER THAN EAACCi
AUTO ONLY. AOG S
EXCESSNMBRELLA LIABILITY 30019191 04/02/2004 04/04/2004 TACH OCCURRENCE S 2OCCUR 117 CLAMS MADE 00
0 00
A AGGREGATE _ $ 21000 , 00
DEDUCTIBLE
$
X RETENTION 5 10 , 00 s
WORKeRBCONIPENSATIDNAND WGSTATU- 0TH.
EMPLOYERS' L ABUTY
ANY PROPRIETO"ARTNERUEXECUTIvE E.L EACH ACCIDENT S
OFFICE"EMBRR 1XCLUDED7
It pea, dOWAbe widar E.L, DISEASE - EA EMFLOI'E 3
SPEC14 PROVISIONS below
e.L. DISEAGE - POLICY LUT s
A Liquor Liability 3001810 04/02/2o04 04/04/2004 110007000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
/3 /D4 Vince Gill Concert
The certificate holder is added as additional insured solely with respect to claims arising
from the negligetnt operations of the named insured ,
TIFICATE HOLDER ANCELLATI N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXTIRAMON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WmTTEN NOTICE TO THE CERTIPICAT! HOLDER NAMM TO rNE LEFT.
Indian River County BUT FAILURE TO NAILSUCH NOTICE SHALL IMPOSE NO OBL13ATION OR LN8IWTY
1840 25th Street OF ANY KIND UPON THE INSURER, ITS AGENTS OR RI3+RESENTATUES,
VQr0 Beach , FL 32960 — AUTMOR4CDREPRiSENTArnE
3effre Cohen ETHAN ss✓
ACORD 26 (2001108) OACORD CORPORATION 1985
Page 1 of 1
Mike Redstone
From : Gooby , Trevor [TrevorG@ladodgers . com]
Sent : Monday , March 29 , 2004 4 : 12 PM
To : Mike Redstone
Subject : sec for Vince gill
We will be doing the inside security for the concert .
tg
Trevor Gooby
Vero Beach Dodgers
PO Box 2887
Vero Beach, FL 32961
(772) 569-4900 x 5032
cell-(772) 321 -0205
3 /30/2004
Cctncert Page 1 of 1
Mike Redstone
From : Leisa L Smith - Fulton [leisasmith@juno . com]
Sent : Thursday , March 25 , 2004 5 : 03 PM
To : jay07l728@hotmail . com
Cc : Mike Redstone
Subject : Fw : Concert
Hi Jay,
Please read below and respond to Mike Redstone . His e-mail address is : MRedstone@ircgov. com
Thanks ,
Leisa Smith-Fulton
Boys & Girls Clubs of Indian River County, Inc . - Executive Director
Phone # : (772) 299 - 7449
FAX # : (772) 299-3840
MRedstone@ircgov . com>
To : <leisasmith@ * uno . com>
Date : Thu, 25 Mar 2004 15 : 08 : 20 - 0500
Subject : Concert
Message-ID : <AA772FBADEBB9648BED6406EF05F3E6A135FF4@mail admin com>
Leisa
Good Afternoon
We are moving ahead with the circulation of the Concert Agreement . The one part that we will need in writing
from you is security . Per my conversation with Jay M . earlier this week the inside security was not set . They
were looking at several possibilities . We will need in writing from whom ever will be in charge of inside security .
This will be the final piece of the puzzle and can not be signed by the County Administrator or Dodgers with out
it .
Look forward to hearing from you soon .
Mike
3 /27/2004
Mike Redstone
From : Cliff Crawford
Sent : Thursday, March 25 , 2004 2 : 15 PM
To : Mike Redstone
Subject: RE : Concert B & G
Mike
Do you know if B/G club has considered hiring off duty sheriffs for inside since VB officers are not available?
Would also give deputies an opportunity
CC
-----Original Message-----
From : Mike Redstone
Sent: Thursday, March 18, 2004 3 : 53 PM
To: Cliff Crawford
Subject: Concert B & G
CC
I spoke with Doug DiSoma ( VBPD ) today . He said he and Chief Gabbard met with Mr . McNammra ( B & G ) earlier
this week and worked out the following :
City of Vero Beach Police = 10 Officers 5 : 00 pm - 10 : 00 pm
Traffic Plan = The police will use same traffic plan as the one used for Dodger games
Additional officers = The B & G Club wanted an extra 12 officers to work around the stage . COVB does not have
those
available The B & G Club is going to hire private security for the grounds and stage .
MR
1
I � . _ . . . 117.111 � tl . v - . .. .- . . . . . . . .. ., . ... . i : . . . , . ... . .
-
= N1 !:PUTAL REVENUE SERVIC=
O . BOX : 578
CINCIJR�'ATI , 2Ii 45101
E.-�ployer Ice^ .=Eicatir.on Nu' er :
Dat & G ZQO4 s9 — _ � 49Z s
�p . T+ y
: 7053 �J74n06D3G
BOYS & GIRLS CIMS OF 7.I rAN RIVZR Coa=c- Peracm ;
COI)NTY INC YVOMM LIGGZ"= 10# 3410296
817 BEAC35 Ll. M BLVD Contact T. 21ephone Number :
VE_RD SFULCIr FL 32963 ( 1177 ) 825 - 3fi00
Accor:^.Ling Period Ending :
- December 31
Foundation Statue class i4ication :
509 ( al ( 1 )
xdvarce 3ulinq Per _ od Begins :
ye r.:ary 4 . 2000
Advanta �Julinq period Z:
! u -F � : � • UUU
� UU : ,' UU6
- 6 -
BOYS b GIRLS FLUS OF IA°DIAN RIVER
final detertzination of your foundation statuD .
If we publish a notice in c "* Internal Revenue Bulletin stating that, we
will no longer treat you ae a p .iblicly supported organization , ar: ntors and
contributors may not rely on this determination after the date we puhlish the
notice. rn addition , if you lose your 5tacus as a publicly supported organi -
zation , and a grantor or contributor wan responsible for , 7r was aware of , the
act or failure LO act , that resulted ' n your loss of aucit atatus , that person
may not rely on this determination from the date cf the act or failure to act .
Also , if a granter cr contr_ butor lsa ned that we had given notice that you
would be removed from classification as a publicly supported organization , then
that pe zoo may a t rely on tf.is determination ae of the date he or she
acquired such ?-..-.^;sledge .
: f you change your sources of Support , your purposea , character , or method
of cpezati. on , please let 'ss know so we can consider the effect of the change on
your exempt statuz and foundation status , if you amend your organizational
dac:rmezt or bylaws , please send us a copy of the amended document or bylaws .
Also , let us know all changes in your name or address .
As of January 1•, •1994 , you are liable for social security taxes under
t:le 7ederal Insurance Contributions Act on amounts of $ 100 or more you pay to
each of your employees :. during a calendar year . You are not liable for the tax
Imposed under the Federal Unemployment Tax Act ( FUTA ) _
organizations that are not privatt foundations are not subject to chs pri -
vate feundatian excise taxes under chapter 42 of the Internal Revenue Code .
Fowevc=, you are not sutomatic;ally exempt from other federal e:xc, ce taxes , if
you have any questions about excise , employment , or other federal taxes , please
let us know .
Donors may dedseZ : eont_ibutions to you as provided in rection 170 of the
rnternal Revenue Code . Dequests , legacies , devises , transfers , or gifts to you
or For your use are deductible for federal estate and gift tax purpose= if they
meet the applicable provisions of sections 2055 , 2106 , and 2 .522 of the Code .
Donors may deduct contributions to you only to the &-xrent that their
cantribut _ ons are gifts , with no consideration received _ Ticket purchases and
amilar payments in . conjunczion with fundraizinc events may not necessarily
qualify ass deduczible contributions , depending on the circumstances . novenue
Ruling : ' 7 - 246 ,o -4n 1967 - 2 , on page 104 , gives
guideli:ez regarding when. taxpaycre may deduct payments for admission to , or
other particip4clon• in , fundraising activities for charity .
You are not required to file Form 990 , Return Of Organization BXempt From
Income Tax , if your gross receipts each year are normally $ 25 , 000 or lnzz . If
you receive a Form 990 package in the mail , simply attach the label provided ,
check the box in the heading indicate that your :. n_nu &l gross receipts arc
nor:-tally 5Z5 , OOO or Lasa , and sir the rscurn . Because yeu will be treated as
a public c.^xn= ity for = * turn filing purposes during your entire advance ruling
period , you should Filo Farm 990 for each near in your advance ruling period
Letter 1045 ( CO / C; ;
ti
BOYS G �RLS ClUE OF INMIAIQ RIVER
that you exceed, the $ 25 , 000 Edina threshold even ii your sources ai suDp02' t
do not satisfy tile- public support test- aae_ified .4n the hesdini of this letter .
ft
If a return is required , i . must be filed by the 15th day of the fifth
Month alter the end of your annual accounting period . A penalty of S20 a day
is charted when a return is filed late . unless there is reatiorable cause for
the delay . Hcwe% er , the maxitmim ye nzl _y charged asazaoc exceed Z10 , 000 or
5 percent of your gross receipts for the year , whichever is less , For
organi: tions with groes racampts exceeding $ 1 , 000 , 000 in any year , t.e penalty
is - 5100 per day Frr return , unless dere is reasonable cause for the delay
The maximum penalty for an organization With gross receipts exceeding
$ 1 , 000 , 000 shall hoc exceed 550 , 000 . This yenalty 'may also be c argea if a
return is not complete . So , please be cu=e your return = t complete baiore ,You
file L
You are not recuired to file federal incopte tvc returns unless you are
subject to the tax on unrelated busineae income - under section 51.1 of the Code .
If you are euh7ec= to this; tax , you rause file an income tax return on Form
490 - T , Exempt Organization Business Income Tax Return _ In this letter we are
not determining whether any of your present or progoaed activities are unrty -
laced trade or business as defined . ir. section 513 of the Code .
You are required to make your annual information return , Earn 990 or
Form 990 - ZZ , available for public nspect _ an for =ree years alta_ the later
of the due datm of the return or the date =tit return is filed . you are also
r e:;ui :td to cis}-.a L'YtSZ =lft fgr public inspection your exertsption applicscion ,
any supporting docum a=ts , and. your exetrMpt _on Letter . Copics of t:ere
dOc*XUCntz- . are also requ::red to be provided to any individual UFo= written or i :1
PaM.Z n =equesc without charge other than reasonable fees for CoPYi=cJ and
postage_ You . may fav 4 .1l tisk- requirementby placing theca docz:menta on the
Internet . Penalties may be imposed for failure to comply with these
requirements . Additional issiormation is available in Publiczt4on. 557 ,
Tax - Exembpt stat%= fox Your Organization, or you may call our toll fre =
;.umbo= shown above .
You nerd an employer identification number even if you have no empi. oyees .
If an amployet identification number was nor. entered or. your apQlicat= on , we
will acaicn s nine= to you and advise you of it . Please use th&w number on
all returns ,you t_ le and in all eorre_-pondenca with the iLnternai Reven;: e
Ser✓iCt _
; t we said in the treading of this latter chat an addendum appiies , Che
addendum enclo= e3 is. an integral pari of this lettiS .
Becaus2 chis letter could help as resolve any questions abcut your exempt
stat:Mo and to1a~^dation status , you should keep it in your pe-rmanan = : ecOrds -
uetta : : 445 ! DO / _ :. ;
r .
BOYS GIRLS CLUB OF :AVDI ;%N FIVER
. f you have any questions . please COII=3Ct the persor. whose name and
telephone number awe shown in the heading o : this letter .
S '_ nce _eiy yours
Steven. ? . Miller
DiZsctcr , Lxempt organization_
Eaclosure ( cf :
Farm 87Z - C
Letter 1. 045 ( DO / CG ;
TOTr=L P - 05
Board Members Roster
2003 -2004
BOYS & SIMS CLUBS
Of INDIAN RIVER COUNTY
Name Role on Board Business
Jay McNamara President National Brand Licensing — Chairman
Ken Felten Immediate Past Felten & Associates — Owner
President
Ross Cotherman Vice -President, Harris , Cotherman & Assoc . — CPA
Financial
Develo ment
Wil Murphy Vice -President, Moss , Henderson, Blanton, Lanier,
Operations Kretschmen & Murphy, P . A . — Attorney
Gerald P . Lynch Vice -President, Retired Managing Director of Morgan
Support Services Stanley
Andrea Thum Treasurer Morgan, Jacoby, Thum, Boyle & Associates ,
P . A . — CPA
Lenora Ritchie Secretary McCabe Foundation — Executive Director
Fritz Blaicher Board Member CDC — Owner
Kay Brown Board Member Realtor
Dick Burgoon Board Member B & W Quality Growers - Owner
Brian Fowler Board Member Indian River National Bank
Lisa Giessert Board Member New Piper Aircraft
Harry Howle Board Member Howle & Associates , Architect
Beverly O ' Neill Board Member Retired — Nurse
Joni Kinsley Board Member Comcast
Wanda Lincoln Board Member Retired — Educator
Edwin Mellett Board Member Retired President of Coca- Cola
Bob Showfety Board Member Retired — Banker
Leisa Smith-Fulton Executive Director Boys & Girls Clubs of Indian River County
Boys Girls Club Charity Concert
Estimated Budget
Based on 3 , 000 Based on 5 , 000 Based on 6 , 5. 00 Notes
Based on 6 , 500 @ $40
Ticket Sales $ 120 , 000 $ 200 , 000 $ _ 260 , 000 each
Based on 6 , 500 @ $7 . 50
Concession Sales $ 22 , 500 $ 371500 $ 48 , 750 each
Event Sponsor $ 301000 $ 301000 $ 30 , 000 2 @ $ 15 , 000
Concessions Sponsor $ 157000 $ 157000 $ 15 , 000 2 @ $71500
Parking Sponsors $ 53000 $ 51000 $ 57000 2 @ $2 , 500
250 sold at the event for
t-shirt sales $ 37750 $ 37750 $ 31750 $ 15
2 , 500 sold at event for $5
Seat Cushion Sales $ 10 , 000 $ 101000 $ 107000 each
Seat Cushion Sponsor $ 51000 $ 51000 $ 51000 underwrite cost of cushion
Total Projected Revenue $ 2117250 $ 306 , 250 $ 377 , 500
Projected Expenses Projected Expenses Projected Expenses
includes booking ,
travel/accomodations and
Talent $ 95 , 000 $ 957000 $ 95 , 000 on-site expenses
includes stage , lighting ,
sound , tech support ,
Staging $ 207000 $ 20 , 000 $ 207000 installation
includes concessions ,
workers , security
maintenance , stadium
Concessions $ 15 , 000 $ 159000 $ 15 , 000 lighting and ticket takers
if needed to repair field after
Grounds - Post Event $ 55000 $ 51000 $ 51000 event
Additional Parking $ 21500 $ 21500 $ 21500
Communications $ 11000 $ 1 , 000 $ 11000 walkie-talkies , etc . . .
Emergency Services $ 600 $ 600 $ 600
Insurance $ 61000 $ 67000 $ 6 , 000
Ticket Sales $ 91750 $ 97750 $ 91750 $ 1 . 50 per ticket for handling
Ticket Printing $ 31250 $ 31250 $ 31250
Distribution $ 57000 $ 51000 $ 53000
Marketing/Promotions $ 187300 $ 18 , 300 $ 18 , 300
t-shirts $ 17500 $ 11500 $ 1 , 500
Seat cushions $ 87000 $ 81000 $ 87000
Projected Expenses $ 190 , 900 $ 1909900 $ 190 , 900
Net Income $ 20 , 350 $ 1159350 $ 186 , 600
a �
CASH DEPOSIT AND ESCROW AGREEMENT
THIS CASH DEPOSIT AND ESCROW AGREEMENT (Agreement) is entered
into this 22"d day of March , 2004 , by and between Boys and Girls Clubs of Indian
River County , Inc . , a Florida not-for-profit corporation ( User Group) , and the Indian
River County Board of County Commissioners , a political subdivision of the State of
Florida (County) ,
BACKGROUND RECITALS :
1 . On October 21 , 2003 , the County approved the use by User Group of the
Stadium (as such term is fined in the Holman Agreement) pursuant to that
certain Indian River County Holman Stadium Use Agreement ( Holman
Agreement) , a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference in its entirety .
2 . Pursuant to Paragraph G of the Holman Agreement, User Group has tendered a
check and has agreed to enter into this Agreement in connection therewith .
NOW, THEREFORE , in consideration of the agreements , promises , and
covenants set forth herein and in the Holman Agreement, and other good and valuable
consideration , the parties hereto agree as follows :
1 . The User Group has tendered to the County the sum of $ 20 , 000 . 00
(Security Deposit) , the receipt whereof is hereby acknowledged . The Security Deposit
shall be held in escrow by the County Budget Office as Escrow Agent, subject to the
terms , conditions , and covenants of this Agreement and the Holman Agreement.
2 . Upon compliance by User Group with the terms and conditions of the
Holman Agreement, the Security Deposit shall be returned to the User Group by the
User Group making a written request to the County through the Escrow Agent. Within
seven (7) days of receipt of such written request, the Escrow Agent shall approve the
disbursement .
3 . Any interest earned during the term of escrow shall be disbursed to User
Group at the end of escrow less any administrative expenses .
4 . The Security Deposit exists solely for the protection , use , and benefit of
the County and shall not be construed or intended in any way , expressly or impliedly, to
benefit or secure payment to any person or party in connection with the Holman
Agreement, The County shall not be liable to any of the aforementioned parties for
claims against the User Group .
C :\DOCUME~1 \CIRCUI~1 \LOCALS~1 \Temp\cash escrow boys and girls club holman s .doc 1
Indian River County
Holman Stadium Use Agreement
This Holman Stadium Use Agreement (" Agreement") is made this 21 " day of
October, 2003 by and between Indian River County Board Of County Commissioners, a
political subdivision of the State of Florida (" County") and Boys and Girls Clubs of
Indian River County, Inc . , a Florida not for profit corporation ("User Group ") .
BACKGROUND RECITALS
A. The User Group has requested the use of Holman Stadium facilities and/or the
four (4) baseball practice fields and the two (2) half baseball practice fields
(collectively referenced as " Stadium") under the terms and conditions set forth in
the Indian River County Holman Stadium Use Guidelines, attached to this
Agreement as Exhibit 1 and incorporated herein in its entirety by this reference
and under the terms and conditions set forth in this Agreement .
B . The County will allow the User Group to use the Stadium under the terms and
conditions set forth in Exhibit 1 and under the terms and conditions set forth in
this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties agree as
follows :
1 . PERIOD OF USE . This Agreement shall be in force from a x, 004 to
20 D4 , and includes all setup and clean up time .
2 . NUMBER OF PARTICIPANTS EXPECTED . User Group estimates that the number
of participants expected at the event is
3 . DESCRIPTION OF EVENT. User Group states that the following is an accurate
description of the event V ks, CC\ n ,r., ear- —
4 . INSURANCE . The Minimum dollar amounts and types of insurance coverages
required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety
by this reference .
5 . FEES . The User Group agrees to pay all Stadium use charges as set forth in Exhibit I,
including, without limitation, the charges set forth in paragraphs C, D, F, G, I, and I.
Where the User Group uses the services of the Dodgers for parking attendants, ticket
takers, security personnel, clean-up crews, or concession operations, the User Group
acknowledges and agrees that the County shall cause the Dodgers : (i) to provide a written
invoice for such services to the User, together with a courtesy copy to the County within
ten ( 10) business days after the conclusion of the event; and (ii) to remit the net funds, if
any, to the User Group . In addition, all costs for utilities and any other costs incurred by
1
d {
the Dodgers in connection with the User Group ' s use of the Stadium shall be set forth on
the foregoing written invoice, and such costs shall also be deducted from the net funds, if
any, and remitted to the User Group . Upon the County ' s receipt of the invoice and notice
of transmittal of funds to the User Group, the security deposit shall be returned to the
User Group; provided, however, that in the event the costs invoiced by the Dodgers
exceed the funds available, the County shall have the right to use the security deposit for
such costs . In addition, the User Group agrees to be solely responsible to pay any and all
additional charges required for the staging of the event.
6 . INDEMNIFICATION AND WAIVER OF CLAIMS . The User Group assumes all
risks and agrees to indemnify fully and save and hold harmless the County, its officers,
employees, and agents (hereinafter individually and collectively referenced as
"Indemnified County Parties"), and the Los Angeles Dodgers Inc . , their respective
owners, share holders, officers, employees, representatives, agents, heirs, successors, and
assigns (hereinafter individually and collectively referenced as "Indemnified Dodgers
Parties")against all claims, losses, damages, judgments, liabilities, accidents or injuries to
person(s) or property, and causes of action, including reasonable attorney ' s fees and court
costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions,
negligence, or willful misconduct of any participant in the event, the User Group, its
visitors, agents, and employees . The Indemnified County Parties, and the Indemnified
Dodgers Parties shall not be liable for damages to, or loss of, personal property sustained
by the participants in the event, the User Group, its visitors, agents, employees, or any
person claiming by or through the User Group, or any of the foregoing, resulting from
any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such
are not due to the sole negligence, or willful misconduct of the Indemnified County
Parties or the Indemnified Dodgers Parties . This indemnification paragraph shall survive
the expiration or sooner termination of this Agreement .
7 . CANCELLATION. This Agreement is subject to cancellation by either the User Group
as set forth in Exhibit 1 .
8 . FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no
responsibility for circumstances that may require the closing of the Stadium facility due
to conditions that would render it unfit for public usage due to inclement weather, state
health department or other regulatory agencies requirements . In the event of such
occurrence it is the responsibility of the User Group to obtain alternative facilities and
the County shall have no liability whatsoever to the User Group .
9 . GOVERNING LAW. The laws of the State of Florida shall govern this Agreement and
any and all legal action shall be instituted in Indian River County for all state court
matters and in the Southern District of Florida for all federal court matters .
10 . ENTIRETY OF AGREEMENT . The Agreement incorporates and includes all prior
and contemporaneous negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings of any nature whatsoever concerning
2
the subject matter of this Agreement that are not contained in this Agreement . No
supplement, modification, or amendment to this Agreement shall be binding unless
signed in writing by the County and the User Group .
11 . SEVERABILITY. In the event that any of the provisions of this Agreement are
deemed unenforceable, the enforceability of the remaining provisions of this Agreement
shall not be affected .
12 . ASSIGNNIENT . User Group shall not grant, assign, or otherwise convey to anyone
any or all of its rights to use the Stadium hereunder without the prior written consent and
approval of the County and the Dodgers . The User Group shall use the Staduim only in
the manner contemplated in this Agreement.
13 . TEM PARTY BENEFICIARY. No person other than the Dodgers, the County,
the Indemnified County Parties, the Indemnified Dodgers Parties, and the User Group,
and the successors of the User Group shall have any rights whatsoever under this
Agreement .
14 . BACKGROUND RECITALS . The Background Recitals are true and correct and
form a material part of this Agreement .
15 . DEFAULT . County shall have the right to terminate this Agreement and/or deny
User Group use of the stadium if User Group defaults in the performance of any
obligation hereunder, provided that in the event of such default, the County shall give the
User Group notice of such default and twelve ( 12) hours to cure the default or a lesser
time if appropriate to the default on the day of the event .
16 . NOTICES . Any notices or other written communications from the User Group to the
County shall be delivered by fax, overnight mail, hand delivery, or first class mail to the
County Recreation Director. Any notices or other communications from the County to
the User Group shall be delivered by fax, overnight mail, hand delivery, or first class mail
to the User Group Executive Director . The names and address to be contacted are as
follows :
As to the County:
Indian River County Board of County Commissioners
Attn: Cliff Crawford, Recreation Director
1840 25t' Street
Vero Beach, FL 32960
FAX: 772- 978 - 1780
As to the User Groin :
Boys and Girls Clubs of Indian River County, Inc.
2926 Piper Drive, Building 13
Vero Beach, Fl 32960
3
a i
Attn : Leisa Smith-Fulton, Executive Director
FAX : 772-299-3840
P . O . Box 3068 Vero Beach, F132964
SECTION 17 : SPECIAL CONDITIONS . The parties acknowledge and agree that the
County has granted a one-time exception to the prohibition on alcohol set forth in
paragraph E of Exhibit 1 to User Group on October 14, 2003 . The parties further
acknowledge and agree that the insurance requirements and amount of security deposit
required from User Group are set forth on Exhibit 2 attached hereto and incorporated
herein in its entirety by this reference .
IN WITNESS WHEREOF, the County and the User Group have caused this Agreement
to be executed in their respective names as of the date set forth above .
USER GROUP : INDIAN RIVER COUNTY, FLORIDA
Boys and Girls Clubs By :
of Indian River County, Inc .
James E. Chandler, Administrator
or designee
BY � � By:
Title : XP_ca,�-ase Title :
APPROVAL BY THE LOS ANGELES DODGERS INC. SOLELY AS TO THIRD
PARTY BENEFICIARY PROVISIONS
LOS ANGELES DODGERSq INC.
BY :
Title,
4
EXHIBIT 1
Indian River County
Holman Stadium Use Guidelines
A. Eligibility
Requesting user groups must be a Not - for- Profit section 501 (c)(3 ) corporation based in
Indian River County and serving Indian River County residents . Eligible user groups are
limited to one use per lease year, September 1 through August 31 .
B . Use of premises
Use of Holman Stadium facilities and/or the four (4) baseball practice fields and the two
(2) half baseball practice fields (collectively referenced as "Stadium") must be lawful and
consistent with the use of Indian River County public facilities . In addition, use must be
in compliance with section 6 . 04 of the agreement dated September 1 , 2000 between
Indian River County and the Los Angeles Dodgers Inc . ("Dodgers") , a copy of which
section is attached as Attachment 1 and incorporated herein in its entirety by this
reference. Requested use and dates must not conflict with scheduled facility use by the
Dodgers , Indian River County scheduled events, or events sponsored by the Treasure
Coast Sports Commission. User group shall not exclude from participation in, deny the
benefits of, or otherwise subject anyone to discrimination in, the use or operation of the
Stadium for the event on the basis of age, sex, disability, race, color, national origin,
religion, or ancestry.
C .C . Securi
Security will be provided by the Indian River County Sheriff' s Office or the Vero Beach
Police Department and the Dodgers . All costs associated with security shall be the
responsibility of the user group . The security provisions must have the prior written
approval by both the Dodgers and either the Indian River County Sheriffs Office or the
City of Vero Beach Police Department, as applicable. User group is responsible for
reimbursement both to the Dodgers for cost of security personnel and to the Indian River
County Sheriff s Office or the Vero Beach Police Department, as applicable, for event
security - and traffic control .
D . Insurance
Insurance requirements will be determined by the County' s Risk Manager based on the
type of event, anticipated attendance, and other criteria as established for the
determination of appropriate coverage. The County shall notify the user group during the
review process set forth in paragraph K2 of these Guidelines of the types and amounts of
required insurance coverages . Indian River County and the Dodgers must be named as
additional insureds in the policy or policies of insurance . A certificate or certificates of
insurance must be delivered to both the County' s Risk Manager and the Dodgers
containing the types and amounts of coverage, and showing the required additional
I
nsureds no later than ten ( 10) business days prior to the event date. In addition, the
agreement to be executed by the user group and the County shall contain an indemnity
1
e i
from the user group to the County and the Dodgers for the costs of any damage or
destruction to the Stadium that occurs in connection with the use of the Stadium by the
user group .
E. Alcohol
User groups are prohibited from allowing, selling, having, using, consuming, or
providing, on any basis whatsoever, or allowing the sale, use, consumption, or provision,
on any basis whatsoever of, any alcoholic beverages of any nature whatsoever from, in,
around, or in connection with, the Stadium or premises at any time prior, during, or after
the event at the Stadium or premises . A user group that violates this restriction will be
prohibited from any future use of the Stadium.
F. Facility use costs
User group is responsible for any and all expenses associated with the use of the
Stadium, including costs imposed by the Dodgers for use, including, but not limited to ,
parking attendants , ticket takers, security personnel, clean-up crews , concession
operations, and utilities, all as set forth in Attachment 1 .
G. Security Deposit
User Group shall post a security deposit in the amount of a minimum of Ten Thousand
Dollars ($ 10, 000) in the form of cash, or a certified or cashier's check drawn on any
United States bank, irrevocable direct pay letter of credit, or surety bond issued by a
surety licensed to issue surety bonds in Florida and included in the most recent United
States Department of the Treasury List of Acceptable Sureties, each of the foregoing
payable to Indian River County to be held by the County, and in the case of an
irrevocable direct pay letter of credit or surety bond, in form and substance acceptable to
the County. The County reserves the right to increase the amount of the required security
deposit due to the nature of the event, and the County shall notify the user group during
the review process set forth in paragraph K2 of these Guidelines of any additional amount
of security deposit. The User Group shall deliver the security deposit to the County
Office of Management & Budget no later than no later than ten ( 10) business days prior
to the event date and, if applicable, execute a cash escrow agreement between the County
and the User Group, in form and substance acceptable to the County, at the time the
security deposit is tendered.
H. Facility preparation and cleanup
The user group is responsible for all costs associated with the sStadium cleanup and field
restoration as set forth in Attachment 1 . The Dodgers must approve cleanup and
restoration. If the user group should fail to restore the Stadium facility and grounds , the
Dodgers will have the authority to initiate cleanup and restoration, and any additional
costs will be the sole responsibility of the user group , as set forth in Attachment 1 . . The
County reserves the right to deduct any such additional costs from the security deposit .
2
I. Television rights
Any recording or taping of the event must have the prior written approval of both the
Dodgers and the County, which consent may be granted, denied, or conditioned by either
the County or the Dodgers at their sole respective discretion. Nothing contained herein
shall be deemed or construed to require approval by either the County or the Dodgers of
any recording or taping of the event.
J. Concessions
Concession sales and operations must have the prior written consent of the Dodgers
which consent may be granted, denied, or conditioned by the Dodgers in its sole
discretion. The user group will reimburse the Dodgers for any concession service costs
incurred by the Dodgers, as set forth in Attachment 1 .
K Procedures
1 . A written request, approved by the user group ' s board of directors, for use must be
submitted in writing on the requesting user group letterhead to the County Administrator
or his designee at least one hundred twenty ( 120) days in advance of the requested use
date. The request must include the following: requested date(s) of use, type of event,
estimated attendance, purpose, proposed budget, including preliminary anticipated
expenses and revenues , copy of section 501 (c)(3 ) status, and a listing of current board of
directors and executive director. The County will coordinate with the Dodgers to obtain
the written approval of the availability of the date(s) from the Dodgers .
3 . After the County Administrator or designee review, the user group will be notified in
writing, within thirty (30) business days after the date the request was submitted, of the
status of the request; the amount of the required security deposit; the types and amounts
of required insurance coverages ; and the date the request will be submitted for County
Commission consideration. The County Administrator or designee will submit the
request to the County Commission. The County Commission may approve, approve with
conditions or deny the request. The approval or disapproval is at the sole discretion of the
County Commission.
2 . Review and approval shall include : County Administrator, Recreation Department,
Risk Management Department, Budget Department, and Finance Department, and the
Indian River County Sheriff' s Office or the Vero Beach Police Department. It is the
responsibility of the requesting user group to secure all appropriate approvals .
4 . Execution of an agreement between the County and the user group with respect to the
use of the Stadium; submission of proof of ability to obtain the required insurance
coverages ; delivery of security deposit, and, if applicable, execution of a cash escrow
agreement between the County and the user group ; and delivery of certificates of required
insurance coverages .
3
L. Fiscal reports
Within thirty (30) business days after the event, a summary of expenses , revenues, and
participation signed by the executive director and the chairperson of the user group ' s
board must be submitted to the County Administrator or his designee .
M. No County funding
County contribution is use of the Stadium on the date or dates requested by the user
group . No County funding of any nature whatsoever, cash or in- kind, will be provided.
N. Permits
Any and all required permits and licenses and associated costs for use based on the Indian
River County Code of Ordinances, Health Department or any other regulatory authorities
are the sole responsibility of the user group . Proof of permits must be provided no later
than thirty (30) calendar days prior to the requested the use date to the County
Administrator or his designee . Failure to provide proof of required permits authorizes the
County to remedy the situation including up to termination of the requested use. Any
expenses incurred by the user group associated with the use of the stadium facilities prior
to the time of termination of the requested use pursuant to this paragraph are the sole
responsibility of the user group .
O . CanceIlation of event
The County, in a declared emergency, may cancel the event at its sole discretion.
If the user group proposes to cancel the use after the County Commission has approved
the application and reserved the date(s) , the user group must notify the County
Administrator or his designee and the Dodgers in writing as soon as possible prior to the
scheduled date of use.
P. Remedies
Failure of the user group to comply with the terms of the agreement authorizes the
County to cancel the event up to the date of the scheduled event, and may prohibit the
use of the Stadium by the user group for future events at the sole discretion of the
County.
4
EXHIBIT 2
Holman Stadium Use Guidelines - Boys & Girls Club Fundraiser '
A. Commercial General Liability. Coverage shall % provide minimum limits of liability of
$ 3 , 000, 000 . 00 per occurrence combined single limit for bodily injury and property damage . This
shall include coverage for premises/operations , products/completed operations, contractual liability
and independent contractor. Indian River County and Los Angeles Dodgers Inc . will be endorsed as
Additional Insureds ,
B . Business Auto Liability. Coverage shall provide minimum limits of liability of $ 370002000 . 00
per occurrence combined single limit for bodily injury and property damage. This shall include
coverage for owned autos, hired autos and non-owned autos . Indian River' County and Los Angeles
Dodgers Inc. will be endorsed as Additional Insureds .
C. Workers ' Compensation . Coverage shall meet statutory limits in compliance with the
Workers ' Compensation Law of Florida. This policy must include Employer ' s Liability with a
minimum limit of $ 100 , 000 . 00 each accident, $ 500, 000 . 00 disease policy limit, and $ 100 , 000 . 00
disease each employee.
D . Liquor Liability. Coverage shall provide minimum limits of liability of $ 1 , 000, 000 . 00 per
occurrence . Indian River County and Los Angeles Dodgers Inc . will be endorsed as Additional
Insureds .
E . Umbrella or Excess Liability. May be used to satisfy the minimum liability limits required
above for Commercial General Liability or Business Auto Liability. There is no minimum Per
Occurrence limit of liability under the Umbrella or Excess Liability policy; however, the Annual
Aggregate limit shall not be less than the highest "Each Occurrence " limit for either Commercial
General Liability or Business Auto Liability. Indian River County and Los Angeles Dodgers Inc .
will be endorsed as Additional Insureds unless the Certificate of Insurance states the Umbrella or
Excess Liability provides coverage on a "Follow-Form" basis .
F. General. All insurance carriers shall be admitted to issue insurance in the State of Florida, and
all will have an A.M. Best rating of A. VI or better. Ten ( 10) business days prior to the event, a
certificate(s) of insurance will be provided to the County' s Risk Manager for review and approval .
The certificate shall provide Indian River County and Los Angeles Dodgers Inc . with thirty (30)
days notice prior to cancellation or modification of any stipulated insurance . Such notification will
be in writing by registered mail, return receipt requested.
G . Security Deposit. A security deposit, in one of the forms set forth in paragraph G of Exhibit 1
in the amount of Twenty Thousand Dollars ($20,000. 00) is required.
5
ATTACHMENT 1
Section 6. 03 , i 11t tO ' s fts Fe
the Dodgers in this A � h' addition to all of the6 rights specifically granted .to
Agreement the Dodgers shall have the right to use the Facility and/or for any lawful purpose that the Doti m
-any manner
absolute di Berl deem appropriate in exercise of their sole and
seretion, subject. to the terms of this Agreement.
Section 6. 04.
shall have the '
nght to use Holman Stadium .The County
Lease Year at no & charge for the County and/or the practice fields for up to twenty (20) days per
ince red by. the Dod ty (other than reimbursing the Dodgers for . any ' operating
Dodgers as a result of the County's. use of Holman Stadium and/or the
Practice fields): The dates during which the Countyy :use Holman Stadium and/or the
fiehis shall be selected by mutual practice
on the dates, the Dodgers' na lre fele of the parties;' provided that, if the parties cannot agree
g ' reasonable selection of dates shall be final and controlling. The County
may use Holman Stadium and/or the practice fields .ody for finctions which do not com with
revetwe-generating events which. may otherwise pft
County's use of Holman Stadium and/or the be arranged by the Dodgers Moreover, the
Dodges' use and tet en' Practice fields must not interfere in any way with the
Holman Stadium and/or th�tcefiel Facility. .The Countyshall not- use or• authorize the use of
impact on Holman Stadium practrce fields c any �� which would have a material detrimental
and/or the practice fields, and. the Co _
responsible for any damage . or destruction to Holman Stadium and or theShall
and fi by thy
County or its assignee. The County shall be entitled toretain the revenues from ticket sales for its
events, and, with the prior consent of the Dodgers, concessions sold during the events when
Holman
Stadium and/or the practice fields are utilized by the Coun rovid however, that the Dodgers
shall not be required to- provide concession services and/or any other services during any County
event. In all cases, the Dodgers shall be r ' ty
expenses incur ed by the Dodgers as a result of�h�e�Ca�n the
use Ounty Holman Sfor any tadium and/or� and
Practice fields. including, but not limited to, the cost of an
y Parking the
Personnel, clean-up crews, and the like provided by the Dodgers, Prior to using Ho mtakan Stadium
and/or the practice fields as provided herein, the County shall cause the Dodgers to be Warned as an
additional insured on the County 's general liability insurance policy and shall deliver to the Dod ers
a certificate of insurance whack verifies the existence of the policy and the fact that the Dodgers are .
named as an additional insured .
Section 6. 05 . &Wu. The parties hereby acknowledge and rearm the parking rights that
they have granted pursuant to the Parking Agreement .
ARTI r c Y11
REVENUES
Section 7 01 Revrn , s During the Term, the Dodgers shall control , collect, receive and
retain all revenues generated by any means at or in connection with the Facility, including, but not
- r
w
A TRUE COPY o
CERTIF! ATION CIN LAST P GE - cn
Page 13 o1427 J . K. BARTON , CLERK
BOYS AND GIRLS LUBS. OF INDIAN RIVER COUNTY,
Holmin Stadium Use � �.,,� a � .
County Department Internal Review /o / ;, E
Preliminary Review :
, 11 .
Check and Initial
Date received
Requested date
5010 documentation
Board of Directors listing and approval
Dodger approval of requested dates
Proposed budget
Estimated attendance
Alcohol Exemption requested
Alcohol Exemption granted
Approvals :
Date Simature Comments *
County Administrator 3 301 Dyt
Recreation
C46;
Risk Management .
Budget ��
Finance
Sheriff' s Office
Emergency Services 3 23 D %0AW v k11 we e GMM Scr�• � e "U Z1A(,
Vero Beach 0 7 -
Police Dept . 3 2Z o ¢ g
r O +nly +0 6x
Dodgers
Attach additional written comments if necessary
APPROVED AS TO FORM RECL
IVED
AN GA F CIEN Y APR 0 2 2004
MARIA FE CLERK TO THE BOARD 1
SSISTANT COUNTY ATTORNEY
BOYS AND GIRLS CLUBS OF INDIAN RIVER COUNTY,
INC.
Holman Stadium Use
County Department Internal Review
Preliminary Review :
Check and Initial
Date received
Requested date
✓! 5010 documentation
Board of Directors listing and approval
Dodger approval of requested dates
✓ 5!!� Proposed budget
J Estimated attendance
c/i,�� .. �«►.- � Alcohol Exemption requested
x/ �. .r;_\- Alcohol Exemption granted
Approvals :
Date Si nature Comments *
County Administrator
✓ �.. coo ,.. . - �= %✓ I �y -..�
Recreation 4 /L yf, "
4 >
Risk Management
Budget
Finance
Sheriff' s Office
Emergency Services
Vero Beach
Police Dept .
Dodgers
Attach additional written comments if necessary
1
BOYS & GIRLS CLUBS
OF INDIAN RIVER COUNTY
Boys & Girls Clubs
_ of Indian River County, Inc.
t, rt P. O . Box 3068
DECVero Beach , FL 32964
D 12003 Tel 772-299-7449
N s '_ s Fax 772-299-3840
� i I S
December 1 , 2003
Officers
Jay McNamara
President
Ms . Marian E . Fell Ken Felten
Past President
Assistant County Attorney Ross Cotherman
1840 25th Street Vice President
Vero Beach, FL 32960 - 3365 Gerard P. Lynch
Vice President
Dear Marian Wil Murphy
Vice President
Andrea Thum
Thank you for all your help in pulling together the Holman Stadium Treasurer
Agreement . Lenora Ritchie
Secretary
Enclosed is a copy of the Holman Stadium Agreement with our
information attached . We plan on hosting a musical concert . We are still Board of Directors
in contract negotiations with the performer and will have more details Fred M. Blaicher, Jr.
Brown Kay
once we have an official contract signed . Kay
yRichard R. Burgoon
If you need anything else, please call . Brian Fowler
Lisa B .Fowler
rt
Sincerely Harry G. Howie
Joni Kinsley
Wanda Lincoln
Edwin Mellett
Beverly O'Neill
Leisa Smith- Fulton Robert E . Showfety
Executive Director
Executive Director
Enc . Leisa Smith-Fulton
Florida Department of Agriculture
Registration Number: SC- 11444
A United Way Agency100% of your contribution goes
The POSItWe Place For Kids directly to our organization .
strategy meeting oncerning the titled subject . He thought it mi ht take about 1 - 1 /2 hours .
He suggested it be eld after today ' s meeting or after their first m ting of November .
There was CO ENSUS to hold the bar ainin strategy bargaining me`eting after their
November 4 , 2003 meeting .
110HO DODGER ' S HOLMAN STADIUM - USE GUIDELINES AND
AGREEMENT - BOYS AND GIRLS CLUBS OF INDIAN RIVER
COUNTY, INC
Chairman Macht advised that backup had been submitted for this item .
Administrator Chandler briefly reviewed the memorandum and explained this
involved two points : a policy for all users of Holman Stadium for the County ' s allotted days
and also an agreement with the Boys and Girls Clubs for an upcoming event at Holman
Stadium . The main concern is to protect the County because we have total liability for use
of the properties under the agreement with the Dodgers . As a result of last week ' s
discussion , the use of alcoholic beverages is not included in the policy . The use of alcoholic
beverages is included with specific conditions to be met in the agreement with the Boys and
Girls Club . As of yesterday he understood the Dodgers concurred on the general policy,
however, he had heard from Craig Callen just before the meeting that the final draft had not
been received from their legal department in California . In the memorandum, staff
recommended to go ahead with the general policy . He also added that if minor changes
should come up on the Boys and Girls Club ' s agreement, that staff be authorized to accept
those minor changes as suggested by one of our County Attorneys .
Chairman Macht commented that "minor" is the operative word .
October 21 , 2003
26
Craig Callen , Vice President Spring Training/Minor League Facilities for the
Dodgers , 1575 46"' Avenue , was very supportive of whatever the County wants to do with
the 20 days they are entitled to use the Stadium . He was accustomed to working with the
Dodger ' s attorneys ; the drafts go back and forth to ensure the Dodgers are protected . He
expected that some indemnification clauses might need changing, but he did not foresee any
major changes . He noted there is a list of things their attorneys are working on , including
the sale of the Los Angeles Dodgers . He had sent the latest paperwork to them about a week
ago , but that was not an inordinate amount of time based on the other issues . He believed
it was not held up for any reason other than trying to get it right .
Discussion ensued .
ON MOTION by Commissioner Neuberger, SECONDED BY
Commissioner Adams , the Board unanimously approved staff' s
recommendation , as set out in the memorandum, with minor
changes authorized . (The Board [ 1 ] approved the policy and
further required the Stadium user groups , under the agreement,
to provide contractual and compensation agreements that the
user groups may enter into with the Dodgers , or other vendors ,
for concessions , beverages , or other miscellaneous items as part
of the post event fiscal report ; [2 ] approved the form of the
agreement with the Boys and Girls Club of Indian River
County, Inc . ; [3 ] authorized the County Administrator to sign
the agreement after the security deposit is received and proof of
ability to obtain required insurance is submitted ; and
[4 ] delegated the County Administrator the authority to execute
October 21 , 2003
27
any required cash escrow agreement after review and approval
of the cash escrow agreement through the County Attorney ' s
office . ) (CLERK ' S NOTE : Finalized version of the policy is
filed with the backup in the office of the Clerk to the Board . )
SIGNED DOCUMENT RECEIVED 4/2/04 -
SEE 4/6/04 DOCUMENTS MADE PART OF THE RECORD
1 . . 1 . VERO LAKE ESTATES STORMWATER IMPROVEMENTS
PH SE I - AMLENDM NT NO . 2 TO DE ARTMENT OF
EN RONMENTAROTE TION DEP CONTRA T NO . WM 803SEC ON 319 h GNT
ON MOTION by Commisstpner Adams , SECONDED `'BY
ommissioner Neuberger, theoard unanimously authorized
th`e Chairman to execute Amendment No . 2 to the existin'
Section 319 (h) Grant, as recommended in the memorandum .
AMENDMENT NO . 2 IS OILY„FILE
� IN THE OFFICE OF THE CLERK TO THE BOARD
11 . L2 . JUNGLE RAIL SHORELINE STABILIZATION PHASE II -
PROJECT AGREEM T WITH FLORIDA INLAND NAVIGATION
DISTRICT FIND - PR JECT NO - IR- 03
ON MOTION b Xommissioner Adams , SECONDED BY
E. ;k
Commissioner Neuberger, the Board unanimously, approved
Project Agreement IR-03 - 36 and Exhibit C - Matching Funds
Certification and authorized the Chairman to execute both
copies of the agreement and`Exhibit C , as recommended in the
memorandum .
October 21 , 2003
28