40
<br />40
<br />4, The ASSOCIATION shall provide volunteer and other help to staff the Fair. Any
<br />subcontract for operation or administration of the Fair shall be subject to the COUNTY's
<br />prior review and approval. The ASSOCIATION shall provide adequate security for the Fair
<br />and shall provide sufficient volunteers or paid security guards to maintain crowd control, to
<br />the COUNTY's satisfaction, at all times while the Fair is underway.
<br />5. The ASSOCIATION shall provide electricity and pay all electricity cost while the
<br />Fair is open as well as for those dates on which the Fair is being set up and removed.
<br />6. The ASSOCIATION shall pay all fees and costs necessary to conduct the Fair
<br />and shall maintain records in accordance with sound accounting practices and procedures
<br />showing all costs, expenses, as well as all receipts and proceeds from the Fair. The
<br />ASSOCIATION shall, at its sole expense, cause a state certified public accountant to
<br />conduct a review, based on sound accounting practices and procedures, of the
<br />ASSOCIATION and of any person or entity that operates or administers the Fair. The
<br />ASSOCIATION shall submit copies of the reviews to the COUNTY on or before June 30,
<br />2001. All books and records of the ASSOCIATION and of any person or entity that
<br />operates or administers the Fair shall be public records and shall be provided to the
<br />COUNTY upon the COUNTY's request and to any Other person or entity upon such
<br />person's or entity's request. In addition to the above -stated accounting and auditing
<br />requirements, the ASSOCIATION shall conduct all accounting and auditing required by law.
<br />The ASSOCIATION shall maintain records, in a form acceptable to the COUNTY, of
<br />all funds received in connection with the Fair. All such records shall be provided to
<br />the COUNTY upon request. The ASSOCIATION shall effectuate internal controls
<br />and procedures, subject to the COUNTY's approval, regarding the receipt of all
<br />funds. Such internal controls and procedures shall include documentation and
<br />verification of all gate receipts and admissions and enumeration of admissions.
<br />T The ASSOCIATION shall provide, in addition to fire insurance, liability insurance
<br />coverage in an amount of not less than $500,000 per individual injury and $1,000,000 per
<br />occurrence during the term of the Fair. On all insurance policies the COUNTY shall be
<br />named as additional insured on the policy and copies of the policy shall be submitted to the
<br />COUNTY at least two weeks prior to the start of the FAIR. The insurance company must be
<br />licensed to do business in the state of Florida, and must be rated at least A+V11 per Best's
<br />Key Rating Guide. The policy must be "occurrence" and not "claims made," and the
<br />certificate of insurance must provide that the COUNTY be given a 30 -day written notice of
<br />insurance company's intent to cancel or terminate the policy of insurance. in addition the
<br />ASSOCIATION must provide proof of insurance from the amusement/midway company in
<br />the amount of $1,000,000 per occurrence/$5,000,000 aggregate, adding COUNTY as an
<br />additional Insured and subject to all above insurance requirements necessary for the
<br />ASSOCIATION.
<br />S. The ASSOCIATION hereby releases and holds harmless the COUNTY, and the
<br />COUNTY's officers, employees, and agents, from and against any and all claims for
<br />damages, costs, third party claims, judgments, and expense to persons or property, except
<br />as a result of the COUNTY's negligence, that may arise out of, or be occasioned by, the
<br />Fair, and from any act or omission of any representative, agent, or employee of the
<br />ASSOCIATION, and the ASSOCIATION shall indemnify the COUNTY against any such
<br />claims and any judgments that may be entered in connection therewith, including costs and
<br />attorney fees. The ASSOCIATION shall indemnify the COUNTY against any claim for
<br />damage that any utility, whether publicly or privately owned. may sustain or receive in
<br />connection with the Fair. It is the intention of the parties, and a condition of this agreement,
<br />
|