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2017-014
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2017-014
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Last modified
1/26/2017 10:37:09 AM
Creation date
1/26/2017 10:37:08 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/24/2017
Control Number
2017-014
Agenda Item Number
12.C.1
Entity Name
Indian River County Fair Association
Vero Beach Firefighters Association
Subject
Use of Fairgrounds
Area
Indian River County Fairgrounds
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of the reviews are not submitted. All books and records of the Associations and of any <br /> person or entity that operates or administers the County Fair shall be public records and <br /> shall be provided to the County upon the County's request. In addition to the above- <br /> stated accounting and auditing requirements, the Associations shall conduct all <br /> accounting and auditing required by law. The Associations shall maintain records, in a <br /> form acceptable to the County, of all funds received and expended in connection with <br /> the County Fair. All such records shall be provided to the County upon request. The <br /> Associations shall effectuate internal controls and procedures, subject to the County's <br /> approval, regarding the receipt and expenditure of all funds. Such internal controls and <br /> procedures shall include documentation and verification of all gate receipts and invoices <br /> and admissions and enumeration of admissions. <br /> 8. Insurance. The Associations shall purchase liability insurance coverage <br /> in an amount of not less than $1,000,000 per individual injury and $5,000,000 per <br /> occurrence during the term of the County Fair. On all insurance policies the County <br /> shall be named as additional insured on the policy and copies of the policy or a <br /> certificate of insurance shall be submitted to the County at least two weeks prior to the <br /> start of the County Fair. The insurance company must be licensed to issue insurance <br /> policies in the state of Florida, and must be rated at least A-VII per Best's Key Rating <br /> Guide. The policy must be "occurrence" and not "claims made," and the certificate of <br /> insurance must provide that the County be given a thirty (30) day written notice of <br /> insurance company's intent to cancel or terminate the policy of insurance. In addition, <br /> the Associations must provide proof of insurance from the amusement/midway <br /> company in the amount of $1,000,000 per occurrencel$5,000,000 aggregate, adding <br /> County as an additional insured and subject to all above insurance requirements <br /> necessary for the Associations. <br /> 9. Releaselindemnification. The Associations hereby release and agree to <br /> defend, hold harmless and indemnify the County, and the County's commissioners, <br /> officers, employees, and agents (collectively, for the purposes of this paragraph, <br /> "County"), from and against any and all claims for damages, costs, third party liabilities, <br /> judgments, and expenses (including reasonable attorneys' fees) for personal injury, <br /> wrongful death or property damage, arising out of or relating to the County Fair <br /> (collectively "Claims"), except that the Associations' obligation to defend, hold harmless <br /> and indemnify the County shall not apply to Claims which are judicially determined to <br /> have been caused by County's negligence or intentional misconduct. <br /> 10. Expenses/Payment of Fee to County. Associations shall be responsible <br /> for the payment and approval of all expenses arising from and related to the promotion <br /> and operation of the County Fair, and shall defend, hold harmless and indemnify the <br /> County from and against any such expenses, including reasonable attorneys' fees. The <br /> County shall have no liability for such expenses. Associations shall pay to County on or <br /> before September 30 of each year during the term of this Agreement that the <br /> Associations operate the County Fair, ten percent of the gross revenue from the County <br /> Fair as a fee for the use of the Fairgrounds, to be held by the County in a separate <br /> account, which the County shall use for future Fairgrounds improvements. The Indian <br /> Page 3 of 5 <br />
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