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2019-153
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2019-153
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Last modified
12/27/2019 2:24:35 PM
Creation date
10/7/2019 12:20:15 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/17/2019
Control Number
2019-153
Agenda Item Number
8.D.
Entity Name
Vero Beach Firefighters Assiciation
Indian River County Fair Association
Subject
Agreement for use of Fiargrounds for Firefighter's Fair
Area
Fairgrounds
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procedures, of the Associations and of any person or entity that operates or administers the <br />County Fair. The Associations shall submit copies of the reviews to the County on or before <br />September 30 of each year that the Associations operate the County Fair. If the Associations <br />fail to submit copies of the reviews in a timely manner, the Associations shall pay to the County <br />an administrative charge of Ten and No/100 Dollars ($10.00) for each calendar day after <br />September 30 that the copies of the reviews are not submitted. All books and records of the <br />Associations and of any person or entity that operates or administers the County Fair shall be <br />public records and shall be provided to the County upon the County's request. In addition to <br />the above -stated accounting and auditing requirements, the Associations shall conduct all <br />accounting and auditing required by law. The Associations shall maintain records, in a form <br />acceptable to the County, of all funds received and expended in connection with the County <br />Fair. All such records shall be provided to the County upon request. The Associations shall <br />effectuate internal controls and procedures, subject to the County's approval, regarding the <br />receipt and expenditure of all funds. Such internal controls and procedures shall include <br />documentation and verification of all gate receipts and invoices and admissions and <br />enumeration of admissions. <br />8. Insurance. The Associations shall purchase liability insurance coverage in an <br />amount of not less than $1,000,000 per individual injury and $5,000,000 per occurrence during <br />the term of the County Fair. On all insurance policies the County shall be named as additional <br />insured on the policy and copies of the policy or a certificate of insurance shall be submitted to <br />the County at least two weeks prior to the start of the County Fair. The insurance company <br />must be licensed to issue insurance policies in the state of Florida, and must be rated at least <br />A -VII per Best's Key Rating Guide. The policy must be "occurrence" and not "claims made," <br />and the certificate of insurance must provide that the County be given a thirty (30) day written <br />notice of 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 company in the <br />amount of $1,000,000 per occurrence/$5,000,000 aggregate, adding County as an additional <br />insured and subject to all above insurance requirements necessary for the Associations. <br />9. Release/Indemnification. The Associations hereby release and agree to <br />defend, hold harmless and indemnify the County, and the County's commissioners, officers, <br />employees, and agents (collectively, for the purposes of this paragraph, "County"), from and <br />against any and all claims for damages, costs, third party liabilities, judgments, and expenses <br />(including reasonable attorneys' fees) for personal injury, wrongful death or property damage, <br />arising out of or relating to the County Fair (collectively "Claims"), except that the Associations' <br />obligation to defend, hold harmless and indemnify the County shall not apply to Claims which <br />are judicially determined to have been caused by County's negligence or intentional <br />misconduct. <br />10. Expenses/Payment of Fee to County. Associations shall be responsible for the <br />payment and approval of all expenses arising from and related to the promotion and operation <br />of the County Fair, and shall defend, hold harmless and indemnify the County from and against <br />any such expenses, including reasonable attorneys' fees. The County shall have no liability for <br />such expenses. Associations shall pay to County on or before September 30 of each year <br />during the term of this Agreement that the Associations operate the County Fair, ten percent <br />(10%) of the gross revenue from the County Fair as a fee for the use of the Fairgrounds, to be <br />held by the County in a separate account, which the County shall use for future Fairgrounds <br />Page 3 of 5 <br />
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