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Item R4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 16, 2011 Division: County Administrator Bulk Item: Yes X No Department: County Administrator Staff Contact Person: Roman Gastesi/292-4441 AGENDA ITEM WORDING: Approval to reduce all fees currently charged to use the theater at the Murray E. Nelson Government and Cultural Center to the rates currently in effect for other County meeting rooms. ITEM BACKGROUND: During calendar year 2010, the County collected $9,636 in user fees to offset employee and utility costs associated with use of the theater at the Nelson Government Center. At the last BOCC meeting, staff recommended waiver of all user fees at this facility for up to one year to determine if it will encourage additional use of the facility. The BOCC directed staff to review the rates and re-agenda this item. PREVIOUS RELEVANT BOCC ACTION: At least once a year, the BOCC approves annual modifications to the fee structure for use of County meeting rooms and Channel 76 televising costs. CONTRACT/AGREEMENT CHANGES : Lower fees charged in connection with use of the Nelson Government Center theater to the rates currently in effect for other County meeting rooms. STAFF RECOMMENDATIONS: Approval. TOTAL COST:INDIRECT COSTS BUDGETED: unknown: unknown Yes No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY:SOURCE OF FUNDS: unknown REVENUE PRODUCING:AMOUNT PER MONTHYear Yes No X APPROVED BY: County Atty. OMB/Purchasing Risk Management ____ DOCUMENTATION: Included X Not Required_____ DISPOSITION:AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS POLICY FOR USE OF PUBLIC FACILITIES, ROADS, BRIDGES COUNTY MEETING ROOMS AND THEATER MONROE COUNTY, FLORIDA GENERAL RULES AND REGULATIONS: Any individual or organization requesting the use of a County facility, building, park, beach, road, bridge, MUST airport, meeting room or theater complete the “REQUEST FOR USE OF COUNTY ORIGINAL PROPERTY” form and return to the responsible County Department. The REQUEST FOR USE OF COUNTY PROPERTY FORM shall be submitted to the appropriate department no later than five working days prior to the desired date. If a public assembly permit and/or extensive coordination with other County Departments, the Sheriff’s office, or State Department of Transportation is needed, the ORIGINAL REQUEST FOR USE OF COUNTYPROPERTY FORMmust be submitted no later than ten working days prior to the desired date. FEES: 1. Fees apply to all agencies excluding divisions or departments of any local, state, or federal Government Agency. Fees are mandatory regardless of an organization’s non-profit status, with the exception of Monroe County School sponsored functions and sports leagues, and the use of Library facilities. The County Administrator or his designee is the only individual authorized to waive any applicable fee. A.Fees for the use of county property are stated on pages 7 and 8. If there are regular County admission fees to the facility, those fees will be charged in addition to the group user fees. B.If the organization, group, etc., proposes to charge an admission fee greater than $10.00 per person, then the admission charges must be approved by County Administrator. C.Any organization that impacts normal services to the facility will be charged the cost above normal expenses for using the facility, in addition to the fees assessed per the schedule. The charges will be assessed by the Public Works Director or his designee. D.Groups whose only purpose for the use of the facility or property is for improvements (ex. planting shade trees), shall not be required to pay user fees, however, they will be responsible for clean up and dump fees. If part of the purpose is for facility or property improvements (ex. planting shade trees and holding a tree selling event), the Director of Public Works or his designee shall determine a prorated fee. E. If an event requires additional time other than what was originally stated on the request and for which the location was reserved, the additional time owed the County will be invoiced at the applicable rate. Should any individual/group not pay these additional charges, then they cannot use any County facility until the County has been reimbursed for these charges. Non-payment of any invoice by any group, organization, agency, sponsor, etc. will result in that group, organization, agency, sponsor, etc. not being able to use any County facility until full payment for any and/or all outstanding invoice(s) has been received by the County. F.Memorial services of 20 participants or less shall have no fee. Memorial services of more than 20 participants shall be assessed a $50.00 fee. INSURANCE: Groups/organizations/sponsors/individuals shall be required to execute an 2. originaloriginal Hold Harmless/Indemnity Agreement and furnish insurance certificates naming Monroe County BOCC as an additional insured (except for Worker’s Compensation), unless these provisions are waived by the Monroe County Risk Management Department, or the County Administrator. Groups utilizing a meeting room do not need to furnish insurance documentation, however they are required to execute the Hold Harmless/Indemnity Agreement. Risk Management will determine if coverage may be needed as follows: Policy for Use of Public Facilities 1 March 16, 2011 Worker’s Compensation General Liability Vehicle Liability Aircraft/Watercraft Liability Liquor Liability (if applicable and necessary) 250 + PARTICIPANTS: 3. All functions expecting 250 or more participants/spectators for more than one day events are required to contact the Monroe County Planning Department as well as the Monroe County Facilities Maintenance Department to obtain a Public Assembly Permit. (Ordinance No. 030-1996) ALCOHOLIC BEVERAGES: 4. The use or sale of alcoholic beverages shall be prohibited unless prior approval is obtained by the County Administrator or his designee. The sponsor will be responsible for concurrence with applicable state permits and additional insurance as may be In accordance with Monroe County required by the Monroe County Risk Manager. Resolution No. 156-2001, adopted on March 21, 2001, the following fees must be collected from the non-charitable organizations or social event sponsor before the County Administrator may accept an application for the per event sale of alcoholic beverages on County-owned property: Number of persons expected to attend the event: Fee: 1 – 20 $10.00 21 – 50 $20.00 51 – 100 $40.00 101 or more $50.00 All organizations must comply with the insurance requirements provided by Monroe County Risk Management. TRAFFIC CONTROL: 5. Events, projects, etc., affecting or occurring on any road or bridge must be pre-approved by the Monroe County Engineering Department. The use of off duty police may likewise be required. Coordination with off duty police is the user’s responsibility and shall be coordinated directly with the police agency. In addition to the direct costs for a deputy, the Monroe County Sheriff’s Department is required to charge overhead costs. Proof of coordination is needed. BBQ GRILLS: 6. Groups/Organizations/Sponsors/individuals wishing to utilize a personal BBQ grill other than the grills supplied by the Monroe County Facilities Maintenance Department, which are permanently placed at the beaches or parks, will require approval from the County Administrator or his designee prior to event. Groups are responsible for disposal of personal grills and charcoal. RECYCLING 7.: Any and all events from any group and/or organization, profit or non-profit, requesting use of a County facility, property, building, theatre, park, beach, road, bridge, airport, or meeting room must comply with Monroe County’s recycling efforts. Any and all garbage/waste/debris generated by the organization using County property as defined above must be managed properly with all recycle materials separated and placed in marked “recycle” collection bins. Plastic, cans, etc. must be disposed of in the appropriate containers provided by Monroe County. In the event there will be a large quantity of recycle materials generated or for any function expecting 250 or more attendees/participants, the requesting group shall be responsible to provide extra trash and recycle collection bins, i.e. if additional trash receptacles are needed a recycle bin must accompany each additional trash receptacle, and ensure that they are placed in the Policy for Use of Public Facilities 2 March 16, 2011 appropriate area for pick-up by the waste management contractor. Within thirty (30) days after the event, the responsible person shall submit a report to the Monroe County Solid Waste Department, 1100 Simonton Street, Room 2-231, Key West, FL 33040 providing the total amount of recycled material, measured in pounds, gallons, tons; and the name and address of the recycling facility within the County. MEETING ROOMS (EXCLUDING LIBRARIES) AND THEATER: 8.Organizations requesting use of meeting rooms are subject to all the above rules and regulations. Monroe County meeting rooms will be available primarily for use by the County and other local, state and federal government agencies. Use of meeting rooms will also be available for organizations that represent the interests of the public. In the event of conflicting dates, use by the Board of County Commissioners and other County entities will take priority. A.Meeting rooms and/or theatre may not be used before 8:00 a.m. or after 11:00 p.m. B.County personnel will ensure the room is opened in the evening and locked at the conclusion of the meeting. C.Most of the equipment in the meeting rooms and/or theatre will not be available for general public use. County staff will make available lighting, air conditioning, and a public address system, if necessary. Special requests D.All requests for equipment shall be made at the time the room is reserved. for equipment after reservation or during a meeting may be denied. E.Facilities shall not be used for personal or private profit, aggrandizement, or advertising. F.Smoking and alcoholic beverages are prohibited. COUNTY LIBRARIES: 9.Use of Conference and Multi-Purpose Room and Audio-Visual Equipment: A.LIMITATIONS: Use of Library facilities is open to programs sponsored or co-sponsored by the Library, to Monroe County, State and Federal governmental agencies, and to public meetings held by groups headquartered in Monroe County which are civic, cultural, educational, intellectual, or charitable in nature. Such use does not imply Library endorsement of the aims, policies, or activities of any group. Application for the use of any meeting room will be made with the respective Branch concerned. However, final authority for use of space will rest with the Senior Library Administrator. B.REGULATIONS: The following regulations apply to all programs scheduled in Library facilities: 1.All programs must be free of charge and open to the public as space permits. No collections may be taken or sales made. Library facilities shall not be used for personal or private profit, aggrandizement, or advertising. 2.In case of exhibits, the Library shall not be held responsible for loss or damage, and any insurance arrangements will be THE RESPONSIBILITY OF THE EXHIBITOR. Exhibitors will be required to sign waiver forms and follow Display Policy. 3.Sponsors may be required to execute a “hold-harmless” agreement and/or furnish appropriate insurance naming Monroe County as additional insured for certain types of programs, in compliance with the “Use of County Property” policy and procedures. 4.Monroe County governmental agencies take preference over outside groups when scheduling the use of meeting rooms. Once an outside group has booked the room, however, every effort shall be made to avoid a forced cancellation in favor of the County agency. Policy for Use of Public Facilities 3 March 16, 2011 5.Refreshments may be served only by permission and special arrangement. Smoking and alcoholic beverages are prohibited. 6.The Library reserves the right to cancel or reschedule any program or exhibit when necessary. 7.A key is available for meeting room use outside of regular Library hours; Library staff will explain the procedures for such use to interested applicants. A registered designee of the group must be present at any such meeting, to be responsible for the key and adherence to the procedures. 8.Maintenance employees are not available to organizations at any time. Organizations using the meeting room are responsible for any needed arrangement of furniture before their meeting as well as rearranging and cleaning of the meeting room at the conclusion of the meeting. Monroe County governmental agencies are responsible for making their own arrangement with the Public Works Department for such duties and are required to restore the meeting room to its original condition within a reasonable amount of time following the meeting. 9.Rooms may be booked up to one year in advance; booking is done on a first come/first served basis, with public agencies having priority. 10.The audio-visual equipment owned by the Monroe County Public Library may be used within the library facilities, with a signed designee of the group to accept responsibility, but may not be loaned to leave the facilities. : 10.MEETING ROOM LOCATIONS The Gato Building The Harvey Government Center (2) 1100 Simonton Street 1200 Truman Avenue Key West, FL 33040 Key West, FL 33040 (305) 292-4443 (305) 292-4431 Key West Library *Marathon Government Center (2) 700 Fleming Street 2798 Overseas Highway Key West, FL 33040 Marathon, FL 33050 Contact: Reference (305) 292-3595 (305) 289-6036 Marathon Library Islamorada Library 3251 Overseas Highway 81550 Overseas Highway Marathon, FL 33050 Islamorada, FL 33036 (305) 289-6098 (305) 852-7163 Key Largo Library Big Pine Key Library 101485 Overseas Highway 213 Key Deer Blvd Tradewinds Shopping Plaza Winn Dixie Shopping Plaza Key Largo, FL 33037 Big Pine Key, FL 33043 (305) 852-7164 (305) 872-0992 Big Pine Key Park Community Center 31009 Atlantis Drive Big Pine Key, FL 33043 (305) 292-4431 MEETING ROOM AND THEATER LOCATION: Murray E. Nelson Government & Cultural Center 102050 Overseas Highway, MM 102.5 Key Largo, FL 33070 (305) 852-7161 Policy for Use of Public Facilities 4 March 16, 2011 *Groups of 15 people or less will not be allowed to schedule the meeting room located at the Marathon Government Center. The Monroe County Public Safety Division, Department of Emergency Management has precedence for the use of the Marathon Government Center meeting room. 11.Permission to use County property shall not constitute a waiver of any local, state or federal laws. 12.Damage done to any County owned equipment or property during the time the County property is utilized by the organization will be the responsibility of the organization. 13.Approval of is based on availability. Monroe ê÷ëç÷éèöíêçé÷íöùíçîèãìêíì÷êèã County reserves the right to deny any request based on the availability of property being reserved for use and the availability to properly staff any event or non-government function. In the event of emergencies or the necessary scheduling of special BOCC meetings, events may need to be rescheduled. 14.INDEMNIFICATION AND HOLD HARMLESS: The Organization/Individual covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney’s fees) which arise out of, in connection with, or by reason of the Organization/Individual utilizing the property governed by this lease/rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. FEES ARE NON-REFUNDABLECHECKS OR MONEY ORDERS ARE TO BE MADE 15.. PAYABLE TO . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 16.For information on requesting the use of County Property for PARKS, BEACHES, ROADS AND BRIDGES, AND THEATER BY AREA, please contact the following: LOWER KEYS: Monroe County Public Works Facilities Maintenance Department Parks and Beaches 3583 South Roosevelt Boulevard Key West, Florida 33040 ATTENTION: PARKS & RECREATION COORDINATOR PHONE: 1-888-227-8136 (Toll Free throughout the Keys) or 305 295-4385 MIDDLE KEYS: Monroe County Public Works 10600 Aviation Boulevard Marathon, Florida 33050 ATTENTION: PARKS & RECREATION COORDINATOR PHONE: (305) 289-6036 UPPER KEYS: Monroe County Public Works 88770 Overseas Highway Plantation Key, Florida 33070 ATTENTION: PARKS & RECREATION COORDINATOR PHONE: (305) 852-7161 Policy for Use of Public Facilities 5 March 16, 2011 17.For information on requesting the use of County Property for AIRPORTS, please contact the following: KEY WEST INTERNATIONAL AIRPORT 3491 South Roosevelt Boulevard Key West, FL 33040 Phone: (305) 809-5200 MARATHON AIRPORT 9400 Overseas Highway Marathon, FL 33050 Phone: (305) 289-6060 Policy for Use of Public Facilities 6 March 16, 2011 FEE SCHEDULE MEETING ROOMS AND THEATER Fees will be charged for use of the premises when such use requires the expenditures of County funds which would not be expended except for the act of making the room available for such use. This charge shall compensate the government for the provided service only and fees will be adjusted annually to reflect current costs. FEES ARE NON-REFUNDABLE and are due at least TEN (10) DAYS PRIOR TO EVENT Excluding small meeting rooms Checks or money orders to be made payable MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MEETING ROOMS AND THEATER (EXCEPT small meeting rooms - see below) and theater/auditorium on next page) ïÍÎØÛÃÈÔÊÍÇÕÔ÷Æ×ÎÓÎÕÉ ÌϦ öÊÓØÛà ÛϦ   ÌÏå××Ñ×ÎØÉ ê÷õçðûêôíçêéÌÏ×ÄÙÐÇØÓÎÕÔÍÐÓØÛÃÉíæ÷êèóï÷ôíçêéÛÎØôÍÐÓØÛÃÉ öÛÙÓÐÓÈÃùÔÛÊÕ×Éì×ÊöÛÙÓÐÓÈÃùÔÛÊÕ×Éì×Ê ôÍÇÊôÍÇÊ íÎ×ïÛÓÎÈ×ÎÛÎÙ×íÎ×ïÛÓÎÈ×ÎÛÎÙ× è×ÙÔÎÓÙÓÛÎ  è×ÙÔÎÓÙÓÛÎ   öÛÙÓÐÓÈÓ×ÉùÍÉÈÉöÛÙÓÐÓÈÓ×ÉùÍÉÈÉ  èÍÈÛÐôÍÇÊÐà èÍÈÛÐôÍÇÊÐÃùÔÛÊÕ×É ùÔÛÊÕ×ÉíÆ×ÊÈÓÏ× ê×ÕÇÐÛÊôÍÇÊÉ ôÍÇÊÉ åóèôíçè ùÔÛÎÎ×ÐùÔÛÎÎ×Ð  åóèôíçè íÎ×ûØØÓÈÓÍÎÛÐíÎ×ûØØÓÈÓÍÎÛÐ ïÛÓÎÈ×ÎÛÎÙ×ïÛÓÎÈ×ÎÛÎÙ× è×ÙÔÎÓÙÓÛÎÌ×ÊÔÍÇÊ  è×ÙÔÎÓÙÓÛÎÌ×ÊÔÍÇÊ   èÍÈÛÐôÍÇÊÐà èÍÈÛÐôÍÇÊÐÃùÔÛÊÕ×ÉùÔÛÊÕ×ÉíÆ×ÊÈÓÏ× ê×ÕÇÐÛÊôÍÇÊÉôÍÇÊÉèÔÊ×× èÅÍè×ÙÔÎÓÙÓÛÎÉè×ÙÔÎÓÙÓÛÎÉ ùÔÛÎÎ×Ð  ùÔÛÎÎ×Ð  åóèôíçèåóèôíçè èÅÍûØØÓÈÓÍÎÛÐèÅÍûØØÓÈÓÍÎÛÐ ïÛÓÎÈ×ÎÛÎÙ×ïÛÓÎÈ×ÎÛÎÙ× è×ÙÔÎÓÙÓÛÎÉÌ×ÊÔÍÇÊ  è×ÙÔÎÓÙÓÛÎÌ×ÊÔÍÇÊ   èÍÈÛÐôÍÇÊÐà èÍÈÛÐôÍÇÊÐÃùÔÛÊÕ×ÉùÔÛÊÕ×ÉíÆ×ÊÈÓÏ× ê×ÕÇÐÛÊôÍÇÊÉôÍÇÊÉèÔÊ×× èÔÊ××è×ÙÔÎÓÙÓÛÎÉè×ÙÔÎÓÙÓÛÎÉ ùÔÛÎÎ×Ð ùÔÛÎÎ×Ð   åóèôíçèåóèôíçè The number of technicians needed will be determined at the discretion of Monroe County by the size and type of event. Should more than three (3) technicians be required for any event, the stated rate above would increase by the respective applicable regular rate of $35.41 or overtime rate of $53.12 each hour. The fee for use of a small meeting room which holds a maximum of ten (10) people or less is $20.00 per hour (business hours only). Policy for Use of Public Facilities 7 March 16, 2011 To ensure time accuracy, the maintenance technician(s) will record his time on a time sheet which will then be validated by both the technician(s) and the event representative by each signing the time sheet daily. The number of technicians needed will be determined at the discretion of Monroe County by the size and type of event. Should more than three (3) technicians be required for any event, the stated rate above would increase by the respective applicable regular rate of $35.41 or overtime rate of $53.12 each hour. CHANNEL 76 RATES: Television coverage is available only for pre-approved County activities. Any other governmental agency must obtain prior approval from the County Administrator. One hour prior to the meeting is needed for the setting up of equipment, and one hour after the meeting is needed for the breakdown of equipment. Hours, including set-up and breakdown, will be charged at the rates below, assuming Channel 76 staff is available at the time of the activity. ïÍÎØÛÃÈÔÊÍÇÕÔöÊÓØÛà ÷Æ×ÎÓÎÕÉ ÌϦ  ÛϦ ÌÏ  ÌÏå××Ñ×ÎØÉ ê÷õçðûêôíçêé×ÄÙÐÇØÓÎÕÔÍÐÓØÛÃÉíæ÷êèóï÷ôíçêéÛÎØôÍÐÓØÛÃÉ ùÔÛÎÎ×Ðì×ÊôÍÇÊùÔÛÎÎ×Ðì×ÊôÍÇÊ íÎ×èæè×ÙÔÎÓÙÓÛÎ  íÎ×èæè×ÙÔÎÓÙÓÛÎ   ÷ËÇÓÌÏ×ÎÈùÍÉÈÉ  ÷ËÇÓÌÏ×ÎÈùÍÉÈÉ    èÍÈÛÐÖÍÊíÎ×èÍÈÛÐÖÍÊíÎ× è×ÙÔÎÓÙÓÛÎÖÍÊ è×ÙÔÎÓÙÓÛÎ   øí÷éîíèóîùðçø÷èûì÷øçìðóùûè÷éíêéì÷ùóûðìíéèìêíøçùèóíîùíéèé ùèæèæ íéèéøíóîùðçø÷ûùûï÷êûè÷ùôîóùóûîûîø÷ëçóìï÷îè Policy for Use of Public Facilities 9 March 16, 2011 FEE SCHEDULE BUILDINGS, PARKS, BEACHES, ROADS, BRIDGES, & AIRPORTS All fees will be payable in advance to the Monroe County Board of County Commissioners and submitted to the Public Works Facilities Maintenance Department. Admission fees that exist will also be charged. The Public Works Sr. Director of the Lower Keys Facilities, Director of Middle Keys and Director of Upper Keys, or their designee(s), may require security fees and other fees related to the nature of the event. The Monroe County Administrator reserves the right to waive fee payments. County Buildings and Airport Terminals: : Monday through Friday 8:00 a.m. – 5:00 p.m. $100.00 per day Hourly Rate Before 5:00 p.m. $15.00 per hour Hourly Rate After 5:00 p.m. $20.00 per hour Weekends and Holidays: 8:00 a.m. – 5:00 p.m. $150.00 per day Hourly Rate $20.00 per hour Roads & Bridges and Airport Grounds: Monday through Friday $100.00 per day Weekends and Holidays $150.00 per day Parks & Beaches: Groups requesting to reserve a portion of any park or beach will be charged $2.00 per person, along with clean up fees stated below. Children 12 years of age and under will not be charged and are exempt from paying the fee. Clean up and dump fees: Clean up and dump fees will be assessed based on the size of the group: 01 – 50 Person(s) $50.00 51 – 100 Persons $75.00 101-200 Persons $100.00 Over 201 Persons To be determined by the BOCC Roman Gastesi, County Administrator (MARCH 2011) Policy for Use of Public Facilities 10 March 16, 2011