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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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improvements. The Indian River County Board of County Commissioners may waive or defer <br />the fee or a portion thereof described in this section in the event of extenuating circumstances <br />which result in an aggregate net loss for the County Fair for that year. <br />11. Trash/Traffic Control Devices. The County will provide trash containers and <br />garbage collection. The County may provide up to thirty (30) traffic barricades and up to thirty <br />(30) traffic cones for the Associations' use exclusively in connection with the County Fair if, in <br />the County's Public Works Director's sole discretion, such traffic barriers and traffic cones are <br />available for such use. If the County's Public Works Director provides such traffic barricades, <br />traffic cones for use in connection with the County Fair, the Associations shall retrieve them <br />from the County's storage location, and then return them to the same storage location or where <br />the County's Public Works Director otherwise directs, within five (5) days following conclusion <br />of such year's County Fair. The County may provide up to four (4) lighting trees for the <br />Associations' use exclusively in connection with the County Fair if, in the County's Parks and <br />Conservation Resources Director's sole discretion, such lighting trees are available for such <br />use. If the County's Parks and Conservation Resources Director provides such lighting trees <br />for use in connection with the County Fair, the Associations shall retrieve them from the <br />County's storage location, and then return them to the same storage location or where the <br />County's Public Works Director otherwise directs, within five (5) days following conclusion of <br />such year's County Fair. The Associations shall replace, at the Associations' expense, within <br />thirty (30) days following conclusion of such year's County Fair, any of the County's lighting <br />trees, traffic barricades and traffic cones that are damaged, lost, or stolen while in the <br />Associations' custody. <br />12. Sanitation. The Associations shall provide sanitation and adequate restroom <br />facilities, in accordance with all applicable laws and regulations and to the County's <br />satisfaction, for persons attending the County Fair. <br />13. Staffing. The Associations shall endeavor in good faith to procure a midway and <br />provide staff to operate the County Fair. However, in the event that the Associations fail to <br />enter into a contract to provide a midway or if the Associations determine that the Associations <br />cannot adequately staff the County Fair, then Associations shall provide written notice to <br />County at least sixty (60) days before the County Fair is to open that it will not manage the <br />County Fair, in which case the County may take whatever steps it deems appropriate. <br />14. First Amendment Activities. The Associations agree to provide reasonable <br />accommodation for any activities which are protected by the First Amendment of the United <br />States Constitution. Such accommodation may be in accordance with existing Fair rules, <br />provided that such rules are consistent with the First Amendment and applicable law. <br />15. Termination. Any party may terminate this Agreement or propose amending this <br />Agreement by providing written notice to the other party by November 1 of the year preceding <br />the following year's County Fair. The term of this Agreement shall be from November 1, 2019, <br />through October 31, 2022, followed by two consecutive two-year automatic renewal periods, <br />unless sooner terminated as provided herein. <br />16. Governing LawNenue/Liability. This Agreement shall be governed by the laws <br />of the State of Florida. Venue for any lawsuit brought by either party against the other party or <br />Page 4 of 5 <br />
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