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Home My WebLink About2001-04040 40 M j - c1 211{pgreeLFAlRIak of -040 AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and the INDIAN RIVER COUNTY FAIR ASSOCIATION, INC. THIS AGREEMENT, made this 13thday of February , 2001, is by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1848 25th Street, Vero Beach, FL 32960 ("COUNTY") and the INDIAN RIVER COUNTY FAIR ASSOCIATION, INC., a Florida not-for-profit corporation, the address of which is 1818 Commerce Avenue, Vero Beach, FL 32980, ("ASSOCIATION"). WHEREAS„ the ASSOCIATION proposes to conduct a public fair or exposition in accordance with Chapter 616, Florida Statutes, for the benefit and development of the agricultural, horticultural, livestock„ and other resources of the state and of the county; and WHEREAS, the COUNTY is willing to support the ASSOCIATION in operating the County Fair by allowing the ASSOCIATION to use the Indian River County Fairgrounds; and WHEREAS, the ASSOCIATION's use of the Indian River County Fairgrounds to operate the Indian River County Fair would serve a legitimate public purpose, NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, COUNTY and ASSOCIATION mutually agree as follows: The ASSOCIATION shall apply to the State of Florida, Department of Agriculture and Consumer Services, Bureau of Fairs and Expositions (STATE) for a fair permit to conduct a county Fair in calendar year 2001 and be responsible for all matters pertaining to such permitting. 1. If a permit for the 2001 County Fair is issued by the STATE to the ASSOCIATION, the COUNTY shall let the ASSOCIATION use and occupy the Indian River County Fairgrounds, located on Kings Highway in Indian River County, Florida, as shown on Exhibit "A" attached hereto, from March 1 through March 31, 2001, to operate the Indian River County Fair from March 9, 2001, through March 17, 2001, 2. It shall be the responsibility of the ASSOCIATION to arrange for all contracts for amusements, entertainment, and any commercial exhibits or matters that it considers will enhance the Fair. 3. It shall be the responsibility of the ASSOCIATION to provide temporary structures for entertainment, agricultural and livestock, and commercial exhibits. Any other organization contracting with the ASSOCIATION shall provide its own temporary structure with approval of the ASSOCIATION. All such other persons or organizations shall have proof of liability insurance acceptable to the COUNTY and the ASSOCIATION. 40 40 4, The ASSOCIATION shall provide volunteer and other help to staff the Fair. Any subcontract for operation or administration of the Fair shall be subject to the COUNTY's prior review and approval. The ASSOCIATION shall provide adequate security for the Fair and shall provide sufficient volunteers or paid security guards to maintain crowd control, to the COUNTY's satisfaction, at all times while the Fair is underway. 5. The ASSOCIATION shall provide electricity and pay all electricity cost while the Fair is open as well as for those dates on which the Fair is being set up and removed. 6. The ASSOCIATION shall pay all fees and costs necessary to conduct the Fair and shall maintain records in accordance with sound accounting practices and procedures showing all costs, expenses, as well as all receipts and proceeds from the Fair. The ASSOCIATION shall, at its sole expense, cause a state certified public accountant to conduct a review, based on sound accounting practices and procedures, of the ASSOCIATION and of any person or entity that operates or administers the Fair. The ASSOCIATION shall submit copies of the reviews to the COUNTY on or before June 30, 2001. All books and records of the ASSOCIATION and of any person or entity that operates or administers the Fair shall be public records and shall be provided to the COUNTY upon the COUNTY's request and to any Other person or entity upon such person's or entity's request. In addition to the above -stated accounting and auditing requirements, the ASSOCIATION shall conduct all accounting and auditing required by law. The ASSOCIATION shall maintain records, in a form acceptable to the COUNTY, of all funds received in connection with the Fair. All such records shall be provided to the COUNTY upon request. The ASSOCIATION shall effectuate internal controls and procedures, subject to the COUNTY's approval, regarding the receipt of all funds. Such internal controls and procedures shall include documentation and verification of all gate receipts and admissions and enumeration of admissions. T The ASSOCIATION shall provide, in addition to fire insurance, liability insurance coverage in an amount of not less than $500,000 per individual injury and $1,000,000 per occurrence during the term of the Fair. On all insurance policies the COUNTY shall be named as additional insured on the policy and copies of the policy shall be submitted to the COUNTY at least two weeks prior to the start of the FAIR. The insurance company must be licensed to do business in the state of Florida, and must be rated at least A+V11 per Best's Key Rating Guide. The policy must be "occurrence" and not "claims made," and the certificate of insurance must provide that the COUNTY be given a 30 -day written notice of insurance company's intent to cancel or terminate the policy of insurance. in addition the ASSOCIATION must provide proof of insurance from the amusement/midway company in the amount of $1,000,000 per occurrence/$5,000,000 aggregate, adding COUNTY as an additional Insured and subject to all above insurance requirements necessary for the ASSOCIATION. S. The ASSOCIATION hereby releases and holds harmless the COUNTY, and the COUNTY's officers, employees, and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property, except as a result of the COUNTY's negligence, that may arise out of, or be occasioned by, the Fair, and from any act or omission of any representative, agent, or employee of the ASSOCIATION, and the ASSOCIATION shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including costs and attorney fees. The ASSOCIATION shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately owned. may sustain or receive in connection with the Fair. It is the intention of the parties, and a condition of this agreement, 40 Am Cl that the ASSOCIATION shall fully and totally indemnify the COUNTY against any kind or character of claim whatsoever, except as a result of the COUNTY's negligence, that may be asserted against the COUNTY or against the COUNTY's officers, employees, or agents. ASSOCIATION hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with the Fair, except as a result of the COUNTY's negligence, and pay any judgment or judgments that may be rendered against the COUNTY or against the COUNTY's officers, employees, or agents in connection therewith. 9. ASSOCIATION shall be responsible for the payment and approval of all expenses arising from and related to the promotion and operation of the Fair. ASSOCIATION shall pay to COUNTY on or before June 30, 2001, one-third of the net profits from the Fair for the use of the County Fairgrounds, to be held by the COUNTY in a separate account, which the COUNTY shall use for future Fairgrounds Improvements. 10. The COUNTY will provide trash containers and garbage collection. The ASSOCIATION will pay for water service and sewage pickup for the Fair. 11. The ASSOCIATION shall provide sanitation and adequate restroom facilities, in accordance with all applicable laws and regulations and to the COUNTY's satisfaction, for persons attending the Fair. 12. The ASSOCIATION shall endeavor in good faith to procure a midway and provide staff to operate the Fair. However, in the event that the ASSOCIATION fails to enter into a contract to provide a midway or if the ASSOCIATION determines that it cannot adequately staff the Fair, then ASSOCIATION shall provide notice to COUNTY at least Eft days before the Fair is to open that it will not manage the Fair, in which case the COUNTY may take whatever steps it deems appropriate. Any expenses incurred by the COUNTY in connection with the ASSOCIATION's failure to operate the Fair shall be paid by the ASSOCIATION. IN WITNESS WHEREOF, the proper officials of COUNTY and ASSOCIATION have executed this agreement, effective on the date first written above. Attest: J. K. Barton, Clerk Deputy Clerk Witness: sign tri_« r�C . �.� l.tr f printe name: /Wdtft . WOM( 1 Witness: I' signLf I ( !.. printed ame: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -e tJ ua��CW-IL Caroline D. Ginn, airman INDIAN RIVER COUNTY FAIR CIA ION, INC. By 11f,� oe H. Earfnan, President 1142n AV* C0. 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