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operations funds" includes money acquired by UVEC through grants <br /> received by UVEC for purposes of operating the Center, but does not <br /> include money independently raised by UVEC through community <br /> fundraisers or money acquired by UVEC through private donation; <br /> vii. UVEC may charge fees for programs and services at or involving the <br /> Center. Any such fees when cumulatively calculated on an <br /> annual basis shall not exceed the cost of providing such programs <br /> and services, except nothing herein shall be construed to prevent UVEC <br /> from showing a surplus. Any such surplus shall be applied to the <br /> operating costs of the Center. <br /> viii. UVEC is .responsible for any and all repairs that amount to less than <br /> two hundred dollars ($200) per repair or incident, subject to an annual <br /> cap of $1000, except in instances of UVEC's gross negligence or willful <br /> misconduct. Except to the extent covered by UVEC's insurance <br /> policies required by Section 4, County is responsible for any and all <br /> repairs that amount to two hundred dollars ($200) or more per repair or <br /> incident. <br /> ix. The County shall continue.to to contract for the provision of roll out carts <br /> and/or other individual containers for municipal solid waste and <br /> recycling. <br /> x. County shall provide appropriate screening for such roll out carts <br /> or other individual containers. <br /> xi. UVEC shall incorporate standard municipal solid waste and recycling <br /> rules and procedures within its operations protocols. <br /> xii. The County is responsible for the cost of water, sewer, electric, and <br /> natural gas utilities that results from the use and operation of the Center. <br /> xiii. UVEC shall maintain financial books, records, and reports related to <br /> its operation of the facility in accord with Generally Accepted <br /> Accounting Principles (GAAP) and shall permit the County to inspect <br /> such books, records, and reports uponftCounty's masaialolerequest. <br /> xiv. Notwithstanding Section 2(c)(iii) should UVEC unreasonably fail to <br /> open the Center pursuant to sections 2(a)(ii) and 2(a)(iii) for ten (10) <br /> consecutive days, County may assume operational control of the Center <br /> until UVEC is able to resume its duties under this Agreement, or the <br /> parties mutually agree to terminate this Agreement. During the time <br /> that the County exercises operational control, the terms of this <br /> Agreement shall be suspended. Should UVEC be unable to resume its <br /> duties under this Agreement within thirty (30) days of the initial closure <br /> County may terminate this Agreement. <br /> 3. Facility Use Guidelines <br /> By this Agreement, the County authorizes the use of the Center by UVEC only to the <br /> extent permitted by the terms of this Agreement. The Center shall be used for the <br /> operation of a community and recreation center open to the general public and all <br /> other uses reasonably related thereto. The County's Facility Use Policy will serve as <br /> the guiding document for operations of the Center, unless a contrary policy is set forth in <br /> this agreement. Smoking is prohibited. No staff or visitor shall be permitted under any <br /> circumstances to use tobacco products in or on the grounds of any County property, <br /> including the Center. The use of open flames, gambling, and alcoholic beverages are <br /> also prohibited unless appropriately permitted and/or approved in writing by the County <br /> 4 <br />