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HomeMy WebLinkAbout2022-165BINDIAN RIVER COUNTY iG LICENSE AGREEMENT Tuesdays and Thursdays of the 2022-2023 License Preparation 9/2/22 License Duration: School Year (September 13, 2022 -June 1, Date: 2023) Organization: Miss B's Learning Bee's Inc. Contact Name: LaToya Bullard Address: 4736 34th Ave Phone: 772-713-4130 City/State/Zip Code: Vero Beach, FL 32967 E -Mail: MissBsLearningBees@outlook.com Name of Event: Miss B's LearningBees Expected 40-75 Children plus staff Attendance: Event Time: 4pm-6pm Load -Out Load -in Datertime• 3:30-4:00pm Date/Time: 6:00-6 : 30 p m WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Intergenerational Recreation Center and Event Venue ("iG Center"), located at 1590 90' St SW Vero Beach, FL 32960 in Indian River County, Florida; and WHEREAS, the County has the authority to issue and/or execute, and Miss B's Learning Bees, Inc. (the "Applicant") desires the issuance and/or execution of, a bulk license agreement and permit for the utilization of the iG Center, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the iG Center is subject to and expressly conditioned by section 205.04 (Permits) of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the iG Center and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: iG Lieens r ent Page 1 of 21 Initials c�- A. PARK, PREMISES & EVENT SCHEDULE: 1. This Indian River County iG Center License Agreement ("License Agreement") applies to all events for the use of the iG Center. The areas, personnel and facilities of the iG Center which Applicant may apply for a permit, license, or use hereunder are more particularly described as Hours FACILITY / Days Total $ 8,291.25 (3 hours per day for 67 Room 131 A $41.25 x 201 = days) $ 8,291.25 (3 hours per day for 67 Room 131 B $41.25 x 201 = days) Subtotal = $16,582.50 Additional 25% Bulk Rental Discount = ($4,145.63) Total Facility Rental: $12,436.87 An area within the storage closet is provided through this bulk rental agreement in Room 131A defined as an 8' by 3' marked area at no charge to applicant. Two cabinets in Room 131A are also provided with keys for storage of records. AMENITIES PER EVENT (Equipment) QTY Tables $ 8.00 x = $0 10 tables are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 11 additional tables are included at no charge as part of this bulk rental agreement. * *additional tables needed will be reconciled monthly and the request for additional tables shall be made in writing. Chairs $ 0.50 x = $0 60 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 15 additional chairs will be made accessible to the Applicant in the storage closet at no charge as part of this bulk rental agreement. * *additional chairs needed will be reconciled monthly and the request for additional chairs shall be made in writing. SET-UP/BREAK DOWN FEE/ CLEANING Guests less than 75 $75.00 x 67 = $ 5,025.00 Post Event Break Down Fee does not include decorations. Applicant is responsible for items brought in to decorate room/area to include any 3rd party vendor items (e.g. lighting, sound, tents, etc.), plates, cutlery, drinks, linens, slipcovers, balloons, etc. Tables must be cleared prior to Applicant departure. Any 3rd party items left by Applicant's subcontracts or 3rd parry vendors past the indicated loadout time are subject to additional fees. X License t Page 2 of 21 Initials B. FACILITY / PROPERTY / AMENITITIES / OTHER SUBTOTAL: = $ 17,461.87 Tax Exempt = Subtotal: = $ 17,461.87 RENTAL AGREEMENT COST = $17,461.87 * REFUNDABLE Damage Deposit: = $ 150.00 *Fully refundable following event with no additional charges or damage. (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. 2. Applicant may use and have access to the Premises for a period, commencing on Tuesdays and Thursdays on the dates defined below between the hours of 3.30pm and ending at 6:30pm• ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage before or after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the iG Fee Schedule attached as Exhibit B ("Fee Schedule"). Dates included in License Agreement: September 2022: 13, 15, 20, 22, 27, 29 October 2022: 4, 6,11,13,18, 20, 25, 27 November 2022: 1, 3, 8,10,15,17, 29 (off the week of Thanksgiving Holiday) December 2022: 1, 6, 8,13,15, 20 (off 22, 27, 29 for Christmas Holiday) January 2023: 10,12,17,19, 24, 26, 31 (off first week of January for New Year's Holiday) February 2023: 2, 7, 9,14,16, 21, 23, 28 March 2023: 2, 7, 9,14,16, 28, 30 (off 21 & 23 for Spring Break) April 2023: 4, 6,11,13,18, 20, 25, 27 May 2023: 2, 4, 9,11,16,18, 23, 25, 30 June 2023: 1 AUTHORIZED USE, TERMS & CONDITIONS: 1. The Premises are to be used by Applicant for the Miss B's Learning Bees Educational Program (the "Event"). (a) The Event may include the following activities: supervised after school program for elementary and middle school children (b) The hours of the program shall be: 4:00pm-6:00pm every Tuesday and Thursday during September through June. Program set up will be from 3:30pm-4:00pm and clean-up will be from 6:00ym-6:30pm. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such iG License enl Page 3 of 21 Initials request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 13. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $17,461.87, plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. Each month's rent is due on the 1 st day of the month (i.e. the rental fee for each date within October is due October 0) and will be calculated based on the number of actual rental hours and days within each month. Any incidental charges or fees not included in this Agreement at the time of execution shall be due at the time of the next month's payment. Any deviation from this schedule, unless otherwise approved, will be cause for the immediate termination of this License Agreement. (b) A Damage Deposit of $150.00 is on file with the Indian River County Finance Department. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the iG Center that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit shall remain on file for the duration of this License Agreement. If any portion of the Damage Deposit is used during the duration of this License Agreement, it must be replenished at the time of the next payment. 3. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non -county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 4. This License Agreement is not a monthly permit. As set forth in sections 205.04 (Permits), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary iG Center use permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. iG License r ent Page 4 of 21 Initials _ 5. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 6. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 7. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 8. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 9. In the event that the Premises or any other portion of the iG Center are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the iG Center, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 10. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the iG Deen�rent Page 5 of 21 Initials Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or iminent severe weather conditions develop in the area indicating a risk to public safety, o'r' a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. i. In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. 11. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. iG Licens gree nt Page 6 of 21 Initials 12. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 13. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Limits Commercial General Liability —No more restrictive than J$ 1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, Single Limit personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) (The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or non -owned) $500,000 Combined Single Limit In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or iG Licen r ent Page 7 of 21 Initials exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Florida Statutory Coverage Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: I Professional Liability (Errors and Omissions) 1$1,000,000 Each Occurrence/Claim In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: I Sexual Molestation Liability 1$1,000,000 Each Occurrence/Claim In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: Liquor Liability 1$1,000,000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. iG License ement Page 8 of 21 Initials (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Appcant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. iG License ent Page 9 of 21 Initials 14. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 15. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 16. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. (a) In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. 17. Applicant acknowledges receipt of and agrees to comply with the iG's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 18. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. iG Licens ement Page 10 of 21 Initials 19. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 20. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 21. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 22. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 23. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 24. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 25. Animals will not be permitted onto the iG Center property during an event unless they are considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, iG Licens ent Page 11 of 21 Initials trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog shows/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (205.3 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents that occur during the event that involve non -service animals that were allowed on the property during their event. 26. Applicant shall have access to the storage closet in Room 131 A to store laptop carts, school supplies, and non-perishable items in a designated 8 ft by 3 ft area marked with tape. The Applicant shall also have access to the first two cabinets, and keys to lock the cabinets, in Room 131 A to store confidential student records. The Applicant will hold Indian River County harmless for any damage, loss, theft, or vandalism of the items in the storage areas that are not the property of Indian River County. 27. If rooms 131 A&B are being rented for another event, accommodations will be made to move the Applicant and their program to another location within the facility at no extra cost to the Applicant. 28. Arts and crafts activities are permitted to occur during the room rental but must be cleaned up by the Applicant prior to the rental ending. No glitter shall be used for arts and crafts activities. If paint is used, proper protective coverings should be placed on the tables and/or floor prior to painting. The County shall provide all necessary cleaning supplies to the Applicant in order to clean tables and chairs as well as to leave the rental space in a broom swept condition. All trash must be placed in provided receptacles. An additional cleaning fee will be applied if cleaning exceeds 1 hour, or when craft activities leave behind paint/glue/glitter on floors, walls, windows, tables, or chairs, and additional cleaning by County staff is required. This fee will be applied to the Damage Deposit, but the Damage Deposit must be replenished to $150 at the time of the next monthly payment. 29. Payment shall be made to Indian River County iG Center on or before the 1St day of each month during this License Agreement. Failure to make payment in a timely manner will result in immediate termination of the License Agreement. 30. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: iG Licens �emet Page 12 of 21 Initials Indian River County iG Center Beth Powell Parks and Recreation Director 1590 91h Street SW Vero Beach, FL 32962 Email: bpowell@ircgov.com Applicant: Miss B's Learning Bees Name: LaToya Bullard Address: 4736 34th Ave Vero Beach, FL 32967 Email: missbslearningbees@outlook.com 31. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 32. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 33. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this 13th day of September 2022 APPLIC BOARD OF COUNTY COMMISSIONERS OF IAN RIVER COUNTY, FLORIDA By: / By: /i,aT a Bullar EO Peter D. O'Bryan, Chairman .•••••• Approved by BCC: September 13 2022. p,SMISS ATTEST: By: Jeffrey R. Smith, Clerk of Court and Compth) er •-.,ora, .. �n � . ��'�✓ER C00� Approved as to form and legal suffici. cy: ounty Attorney iG License Agreement Page 13 of 21 Initials Exhibit A- Intergenerational (iG) Center OUTDOOR WATER FEATURE z --adglt— U, G OUTDOOR WATER .v FEATURE Q GYMNASIUM 141 MAIN ENTRANCE ol � ENTICE 112-A 112-BPREP . KITCHN GUEST T DROP-OFF PARKING AREA , � iG Licen ent Page 14 of 21 Initial Exhibit B ,Hiss B's Learning Bees Date(s) ofRenta ;Event lime: !Load In Datefrme: Load Out DatelDyne: Estimated : of Participcmts: FACILITY Room 112 A Room 112 B Room 125 Room 131 A Room 131 B Room 131 C Room 135 Room 110 (Prep Kitchen) Lobby Roam 144 (Concessions) 2022-2023 Sc'rooi l e:7" J0. :lill'S o 1711 4�m-6prrr 3:30p?n 6:00-6: ?Opnr 40-.-3 S S S S S S $ S $ S Room 141 (Gymnasium) $ Veranda Courtyard East Lawn Ii. Wiggins Field (West Lawn) S Storage Closet 131A 93.75 x = $ - 75.00 x = $ - 75.00 x = $ - 157-50 x 150.00 x = $ (3 hours per dart (3 hours per dary dad-,- daA-,- Btdk Rental _agreement Subtracted from o discotuit = 54.145.63 Total cost XIE\ZTIES PER EVENT (Equipment) QTY Tables $ 8.00 x 21 tables are included rrr the Standard & Nonprofrt Rates for all rooms at no additional cost Chairs $ 0.50 x 60 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 15 additional chairs ivill be made accessible to the .4pplicant in the storage closet at no charge as part of this bulk rental agreement- * *additional greement_**additional chairs needed ivill be reconciled monthl3, and the requestfor additional chairs shall be made in writing. iG Lic se ree ent Page 15 of 21 h?itia s Hours/ Days Total 56.25 x = $ - 56.25 x = S - 33.75 x = $ - 41.25 x 201 = $ 8,291.25 41.25 x 201 = $ 8,291.25 41.25 x = $ - 41.25 x = $---'--- - 15.00 x = $ - 56.25 x = $ - 37.50 x = $ - 93.75 x = $ - 75.00 x = $ - 75.00 x = $ - 157-50 x 150.00 x = $ (3 hours per dart (3 hours per dary dad-,- daA-,- Btdk Rental _agreement Subtracted from o discotuit = 54.145.63 Total cost XIE\ZTIES PER EVENT (Equipment) QTY Tables $ 8.00 x 21 tables are included rrr the Standard & Nonprofrt Rates for all rooms at no additional cost Chairs $ 0.50 x 60 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost. 15 additional chairs ivill be made accessible to the .4pplicant in the storage closet at no charge as part of this bulk rental agreement- * *additional greement_**additional chairs needed ivill be reconciled monthl3, and the requestfor additional chairs shall be made in writing. iG Lic se ree ent Page 15 of 21 h?itia s G-,=asium Bleachers, St4tionry,-,nting3001 S - x = No fee, included in rental Gym Flooring S 300.00 x = $ - per event Sm_ 'lioHe Bleachers: � l st Dav l S 50.00 x = $ - Sm- -Mobile Bleachers. Addl. Dais S 2__00 x Projector S 10.00 x = $ - daily -- Projector Screen. -Mobile S - x = -\-o fee: included in rental _ Projector Screen, 131 C S - x = -\o fee, included in rental __ J Projector, Wh oble Screeri wlprojector & 2:peAtr5 S 500.00 x = S - d* Projector, Inflatable Screen Only S 300.00 x = S - daily — ---- -Media Cart (50' TV & eomput _r S 100.00 x = S - dally „ ,0TV — S 125.00 x = S dail-. DVD Player_ ----- -- S 15M x = S - daffy Bluetooth Sowd System $ 75.00 x = S daily _ Sound System, R4oHe S 100.00 x = S daily G%mnasium Sound Svstem S 325.00 x = S dail% Gymnasium Score Board S 25.00 x = S dail-v Podiunn i $ - x = �o fee, included in rental =-- -- Sen�ing Carts $_ 20.00 x 200 AMP Electrical Power, Per Hour $ 75.00 _x = $ - hourly Electrical Power tie-in and tie -out mast be performed by a licensed electrician. Electrician must provide proof of licensure and insurance. Aquiring service and all costs for electrician shall be borne by the Applicant. i ALCOHOL PERNI M FEE --�- Daly Alcohol Peoiit $ 400.00 x = $ - daily A minimum of one (1) Indian River County Sherif s Deputy is required to be on site during alcohol service and remain amtil the end of the Applicants load out time ftom the Indian River Counfi Intergenerational Recreation Center & Event Venue as deemed in License Agreement - All security costs shall be borne by the Applicant Indian River Coimty Sherifs ice mat• deem it necessan• to increase the minimian number of Indian River County Deputies on site at its sole discretion -Alcohol may onhl be served by a properly licensed alcohol vendor or a caterer who holds an active and valid 13CT Caterers Alcoholic Beverage License. iG Lieens r em nt Page 16 of 21 Initials Event Cleaning Fee (During Event) iG Event,Rental Usage $ 50.00 x = $ - Gmansium Restroom- $ 100.00 x = $ _- West Wig Restrooms $ 100.00 x = $ - East Wing Restroom- $ 100.00 x = $ - Post Event Fee Guests less than 75 _ $ 7500 xx _ 67 = $ 5,025.00 Guests between 75 to 150 $ 100.00 XL _ $ Guests greater than 150 $ 200.00 x = $ - Post Event Cleaning Fee does not incl:ide decorations. Applicant is responsible for items brought in to decorate room/area to include mm 3rdparh, vendor items (e.g_ lighting, sound, tents, etc.), plates, cutlery, drinks, limens, slipcovers, balloons, etc. Tables ►Hirst be cleared prior to Applicant departure. Am, 3rdpart, items Ieft b1• Applicant's subcontracts or 3rdpart , vendor. -past the indicated loadmd time indicated in the Lieense Agreement are subject to additional fees_ Garbage - IRCRate w,?T'aste lfaniaaement,- mm• be subject to change 15 ft Dumpster, per drop off or swap T S 151.34 x 10 ft Dumpster, per drop off or scrap S 120.00 x, — _ $ - Deln`ery Charge, one tie charge S . 15.00 x' — $ - ;Dumpster Disposal S 50.00 STAFF QTY Hours --�_—_� Staff $ 25.00 x x = $ - Staff (Holiday Rate) $ 50.00 x ACES[ Fi LANEOUS Fac ky Exciusim (per wing or um) . S 250.00 x = S - d* Last-Mmute Bool* Fee, Booked Less +s Dal,JS 25.00 x = S - per CVS P.kRKS DEPT. ITEMS ' ' QTY ! Per Dai- Stage Risers, 6-8 each 4ftx8ft panels $ 25.00 x x = $ - I j FACILITY / PROPERTY / %.mE\TTPTIES / OTHER SUBTOTAL: = S 17,461.87 Tag Exempt = { Subtotal: = S 17,461.87 iG Lice e A eeme t Page 17 of 21 Initials I RENTAL AGREEMENT COST = $ 17,461.87 1 * FEFUND ABLE Damage Deposit: = S -Fully refundable refundable follo« ing event with no additional charges or damage. GRA\ -D TOTAL: = S 17,461.87 ** 2 5 Oo DEPOSIT: = S 4,365.47 **FA-ents booked less than 30 days in adi-ance requires payment in full in the form of cash or credit card. - PA YN I I E NT S ard. PAY1iENTS Method of Payment Date 'Notes Amount 15th of the month prior Balance Dae: to the month of rental * Damage deposit re fiindable with no additional charges and no dmytage. ** Required to Reserve Room /Area and due upon contract signing —� ***,License Duration shall include Event set -tip, removal and clean-up. Where the Applicant requires risage after the stipulated time, .Applicant is required to pery additional charges including but not limited to standard hourly/daily rates and am- overage fees as set forth in the iG Fee Schedtile attached as Exhibit B ( "Fee Schedule **** For each quarter hour after the applicant will be chmged a fee of 550.00 per quarter hour. ** 25% rental deposit not required iG License ree t Page 18 of 21 Initials Exhibit C 2. 3. Indian River County Parks & Recreation Department iG Center General Rules & Regulations Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates are only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed license agreement. Staff reserves the option to issue a placeholder agreement along with a minimum 25% Deposit Fee in lieu of a fully executed license agreement which will secure the date pending a due diligence review. Placeholder agreements shall automatically expire 90 days after the issued date and the reservation forfeited unless the Applicant enters into a license agreement. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. Security Plan: A. If applicable, events shall present a security plan to the Indian River County Sheriff's Office, Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/license agreement. B. Assigned Indian River County Sheriffs Deputy(s) must have arresting authority in Indian River County. C. Indian River County in consultation with the Indian River County Sheriff's Office will determine the level of security of sworn law enforcement and emergency services personnel. Indian River County will provide Applicants with the order forms for sworn Indian River County Sheriff's Office and Indian River County Emergency Service Personnel. D. Evidence of sworn law enforcement and emergency service personnel scheduling shall be provided to Indian River County 45 days prior to the Event by means of a paid receipt from said Indian River County Department and Division. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Indian River County Intergenerational Recreation Center & Event Venue Management Staff along with a Special Event Permit generated by the Indian River County Fire Department. Indian River County will provide Applicants with the order forms for Special Event Permit. Evidence of Special Event Permit Inspection scheduling shall be provided to Indian River County forty-five (45) days prior to the Event by means of a paid receipt from said Indian River County Department Fire Department. 5. Deposits: A. All buildings and facilities shall be left in the same condition it was received in. An additional cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Indian River County Intergenerational Recreation Center & Event Venue Management should be left in a broom swept condition and all garbage left in designated location. Client must check in with a staff member prior to departure regarding state of room upon completion of event. iii. Any damage to walls, including debris, dirt, scuff marks, food, etc. shall require a cleaning fee. W License gr e t Page 19 of 21 Initials iv. Any cleaning fee will be deducted out of the Damage Deposit. B. A damage deposit depends on number of areas rented and can range from $150.00 to $1,000.00 and is refundable. An inspection of the property is required for every event. Damage Deposit are increased at the sole discretion of Indian River County dependent upon number of attendees and events. 6. Any signage visible from the road in any county right of way requires a permit from the Indian River County Code Enforcement Division prior to placement. 7. No animals are allowed unless assisting the handicapped. 8. Alcohol is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks & Recreation Division. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. 11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Indian River County Intergenerational Recreation Center & Event Venue Management Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by Indian River County policies. 14. Insurance: A. Insurance requirements shall be determined at the sole discretion of the Indian River County Risk Manager. B. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to Indian River County no less than forty-five (45) days prior to the event. • If event is held at Indian River County Intergenerational Recreation Center & Event Venue Management and less than 30 days to the start of event date, certificates must present at the time of executing license agreement. 15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. 16. The Event shall be used for no other purpose whatsoever as, unless prior written approval is requested in writing by Applicant and given by Indian River County. Approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least thirty (30) days prior to the beginning of the License Duration. Such change results in a modification of the insurance requirements. 17. Marketing: A. Publicity for an event shall NOT be distributed without an executed license agreement and a minimum of a 25% reservation deposit. B. All promotional pieces must be approved by an Indian River County, prior to distribution. Applicants assumes all risk. 18. Indian River County Intergenerational Recreation Center & Event Venue Management Staff is not responsible for deliveries for any event. Applicant must be present for deliveries and is responsible for securing those deliveries, unless prior written approval is requested in writing by Applicant and given by an Indian River County Intergenerational Recreation Center & Event Venue Management. iG License A e Page 20 of 21 Initials 19. All motorized vehicles are required to park in the designated parking areas only, which include the Main Parking or Joe Wiggins Field, if deemed necessary for your event. There will be no parking of motorized vehicles in or around the facility without prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. • Motorized vehicles are limited to ten (10) minutes in the Drop Off Area, unless prior approval from the Indian River County Intergenerational Recreation Center & Event Venue Management. iG Lice*reme Page 21 of 21 Initials