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Item C47 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Dote: July 26. 2000 Division: Public Works Bulk Item: Yes: ~ Deportment: Facilities Maintenance No: Agenda Item Wording: Approval to modify Request for Use of County Property Rules and Regulations. Item Background: Modify Request for Use of County Property Rules and Regulations as follows: 1. #2 of RULES & REGULA nONS - Requires that Request for Use of County Property be submitted no later than five working days prior to desired date(s) for processing and approval; and ten working days prior to desired date(s) if a public assembly and/or extensive coordination with other County Departments is required. 2. #9 of RULES & REGULA nONS - Approval of request for Use of County Property is based on availability. Monroe 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 ,? 3. FEES - The County Administrator reserves the right to waive fee. rrfrl'- Previous Relevant BOCC Actio", Request for Use of County Property Rules & Regulations was last modified on August 21, 1998. Agenda was presented to the Board at the June 14, 2000 BOCC meeting; BOCC directed staff to include additional language in policy regarding property/staff availability. Staff Recommendation: Approval a~ stated above. Total Cost: $0.00 Budgeted: Yes: N/A No: N/A Cost To County: $0.00 Cost Center: Revenue Producing: Yes: _No _X_ Amount per Month: $ Year: i OMB/Purchasing: Risk Mgmt: ~ Item Prepared B . '-11-00 Corlos Zo;: ;(;:.i~C:,>r 5;)/~ ~Iities Mai~tenance ~~ 7 //~.~~ Dent Pierce, Director of Public Works Division Director Approval: Documentation: Included: XX Not Required: Agenda Item #: ~ -LLJl To Follow: Disposition: (Revised July 26, 2000) PUBUC FAaUTIES, ROADS AND BRIDGES EXCLUDING UBRARIES AND AIRPORTS FEE SCHEDULE RENTAL RATES AND REGULATIONS FOR USE IN MONROE COUNTY, FL GENERAL RULES AND REGULATIONS: 1. Any organizations requesting exclusive use of County Facilities, including buildings, parks, beaches, roads and bridges, but excluding libraries and airports, shall be made on the "REQUEST FOR USE OF COUNTY PROPERTY" form. 2. The ORIGINAL "REQUEST FOR USE OF COUNTY PROPERTY" form shall be submitted to the Public Works Facilities Maintenance Department no later than five (5) working days prior to the desired date, for processing and approval. The ORIGINAL "REQUEST FOR USE OF COUNTY PROPERTY" form requiring a public assembly permit and/or extensive coordination with other County Departments shall be submitted to the Public Works Facilities Maintenance Department no later than ten (10) working days prior to the desired date, for processing and approval. MONROE COUNTY PUBUC WORKS FAaUTIES MAINTENANCE DEPARTMENT PARKS & BEACHES SECTION 3583 S, ROOSEVELT BOULEVARD KEY WEST, FL 33040 ATTENTION: PARKS & RECREATION COORDINATOR Phone number 1-888-227-8136 (toll free throughout the Keys) Or 305-295-4385 3, Fees for the use of County properties are stated on Page 3. If there are regular County admission fees to the facility, those fees will be charged in addition to the group user fees, If the organization, group, etc., propose to charge their own admission fees greater that $10.00 per person, then this will have to be approved by the Monroe County Board of County Commissioners (BOCC), 4. Groups/organizations/sponsors shall be reqL1ired to execute an original Hold Harmless Agreement and furnish original insurance certificate naming Monroe County Board of County Commissioners as an additional insured, unless these provisions are waived by the Monroe County Risk Management Department, 5, The use or sale of alcoholic beverages shall be prohibited unless prior approval is obtained by the County Administrator. The sponsor will be responsible for concurrence with applicable state permits and additional insurance as may be required by the Monroe County Risk Manager. C:.\\'!)\' J)()\\'S. I'roliks' ~IOllSal\alg.:.J .isa l'.:rsnI1<l1'l'arks & R.:d 'Sf-: OF COt 'VI'Y I']{OI'I':RTY.OFFJ('!.\1 "do.: 6. Permission to use County property shall not constitute a waiver of any local, state or federal laws, 7. Traffic control for 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 of the direct costs for a deputy, the Monroe County Sheriff's Department is required to charge overhead costs, 8, Groups/Organizations/Sponsors 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 prior to event, Groups are responsible for disposal of personal grills and charcoal. 9. Approval of request for Use of County Property is based on availability. Monroe County reserves the right. to deny any request based on the avai labi I ity of property being reserved for use and the availability to properly staff any event or non-government function, 10, DEFINITIONS: A. NON-PROFIT Organization: Any corporation, association, partnership, trust, joint stock, or other entity organized under the laws of the United States, or of any United States Territory or possession, or States, or of any state of the United States for the express purpose of operating in a manner whereas any profits realized from the operation of the entity will not be utilized for private gain. B. PROFIT Organization: Any c;orporation, association, partnership, trust, joint stock, or other entity organized under the laws of the United States, or of any United States Territory or possession, or of any state of the United States for the express purpose of returning a profit to the individual(s) which hold ownership interest in the entity. C, FACILITY IMPROVEMENTS: A Project that improves the physical plan of the area, 11. Any non-profit organization, as defined in this policy, who is desirous of hosting an event on County property will be exempt from paying a }Iser's fee if the tax number is listed on the "REQUEST FOR USE OF COUNTY PROPERTY" form. 12, 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 below, The charges will be assessed by the Public Works Facilities Director or his designee. Groups whose only purpose for the use of the facility is for facility improvements shall not be required to pay uSer fees, however, they will be responsible for clean up and dump fees over the C:'WI]\'J)( )\\'S'l'wliks~ 'nllsah'alg.:-l.isa 1\'rsnnaH'arb & H.:L"l 'SF OF COt ''1'1'1' I'HOI'I':HT1'-OFFICI. \1 "dllc 2 normal service cost, If part of the purpose is for facility improvements, the Director of Facilities Maintenance or his designee shall determine a prorated fee, 13, All Monroe County School sponsored functions and Sports Leagues are exempt from fees but will have to perform their own clean up, 14. 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. FEES 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 Facilities Maintenance Director or his designee may require security fees and other fees related to the nature of the event, The County Administrator reserves the right to waive fee payments. 1. County Buildinqs Daily Rate - Monday through Friday Whole Day (8:00 am - 5:00 pm) $100.00 per day Hourly Rate before 5:00 pm $ 15.00 per hour Hourly Rate after 5:00 pm $ 20,00 per hour Daily Rate - Saturday, Sunday and Monroe County Holidays: Whole Day (8:00 am - 5:00 pm) $150,00 per day Hourly Rate $ 20,00 per hour 2. Roads & Bridqes Monday through Friday Saturday, Sunday and Monroe County Holidays $100,00 per day $150,00 3, 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, 4, 4 Clean up and dump fees for Buildings, Parks, Beaches, Roads and Bridges: Clean up and dump fees will be assessed based on the size of the group and will not be waived: 01-50 Person(s) 51 - 100 Persons 101-200 Persons over 201 persons $ 50,00 $ 75.00 $100.00 to be determined by the BOCC C- \\'I:\J)O"'S'Prllfib \lllllsah';lIgc'-I.isi\' I'.:rsllllal Parks & Hc'':'' 'SF OF CO'-NTY PHOPFHTY-OFFICI. \I..do.: 1 (revised July 26. 2000) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR USE OF COUNTY PROPERTY Instructions: Fill in all information where applicable. If not applicable, put N/ A by appropriate item. Refer to item by number, if additional sheet is necessary to provide further information. (Please type or print) 1. Name, address & telephone number of Organization: 2. Specific County property and/or specific part of requested area for use: 3. Requested date(s) and start/finish times 4. Backup date(s): 5. Name & Brief description of event: 6. Expected number of participants/spectators: 7. Plans for alcohol consumption/sales: 8. Utilization of personal BBQ grill: YES NO 9. Clean up provisions, assurances and state if any improvements are to be made to facility: 10. Coordination with: a.) Sheriff Department: b.) Security: c.) Public Works: 11. Previous history of holding similar events: 12. Name, address & telephone number of Organization's contact person 13. Does the Organization currently have liability insurance? ~ ........................................................................................, COUNTY USe ONLY Scheduled Date: Approved: _YES NO By: Insurance/Hold Harmless Requirements: Fees: Remarks: C:,\\'[N])()\\'S.l'n'lik,,\I<'I1'al\'alg~-I.i'a'l'~rsnl1,,1 Park, &. I~,'~\I 'SF OF COI'''1T1' PROPFHT1'-OFFlCr. \1 "dne -l HOLD HARMLESS AGREEMENT This agreement entered into by and between MONROE COUNTY, FLORIDA a political subdivision of the State of Florida, herein "COUNTY" and whose address is hereinafter "EVENT SPONSOR:" That for and in consideration of the understanding hereinafter set forth the parties do agree and covenant as follows: 1. That in and for the consideration of permission to use certain public roads or other public property, more particularly described as follows: for the purpose of conducting a event, more particularly described as follows: on the day of 20_, from am/pm unti I am/pm, the EVENT SPONSOR does hereby agree to indemnify the COUNTY in to for any and all claims or liabilities that may arise out of the above described event. 2. That, in addition to indemnification described in Paragraph One, the EVENT SPONSOR does hereby agree to hold the COUNTY harmless in all respects concerning the event described in Paragraph One and will defend any and all causes of action or claims and will, further, pay the cost of any attorney's fees incurred by the COUNTY arising out of the event described in Paragraph One. MONROE COUNTY, FLORIDA By: County Administrator Organization By: Of the above and duly authorized to Execute this agreement. Tax Exempt Federal J.D. # (if applicable) State of Florida County of Monroe SUBSCRIBED AND SWORN to (or affirmed before me)~on _ day of ,20_. By (Event Contact Person), he/she is personally known to me or has produced (type of identification) as identification. Notary Public <:: \\'INJ)O\\'SPrnlib' r>.lotlsaJ\'atg.:.J .isa l'.:rs(ltl.ll' Parks & R.:.:' I 'SE OF ('01 1:\,1'1' PROI'FR1'Y.OFFI(,L\1 ..d,).: 5 MEMORANDUM , , TO: Carlos Zarate, Sr. Director Facilities Maintenance Department Lisa Monsalvatge ~ j ,~(.,'---" Parks & Recreation Coordinator FROM: DATE: January 12, 2000 RE: Policy - Use of County Property We are experiencin'g problems, even more so recently, from requesters who are requesting the use of County property. Completed paperwork is not being delivered to us in a timely manner, which is causing all parties involved to rush through the processing procedures and not being able to adequately complete the processing procedure as it should be done. To the best of my knowledge, no policy has ever been implemented concerning the use of county property. The procedures followed when the use of county property is requested are as follows: 1. Request for Use of County Property Package is sent to the requester. Requester must complete paperwork, including having his/her signature notarized on the Hold Harmless Agreement. Requester must turn in Original Request for Use of County Property form and OriQinal Hold Harmless Agreement form to this office 2. Once paperwork is delivered to this office, I review it to verify all information is complete and accurate, property requested is County property, no other organization has requested said property on same date, and if after hours or weekend, coordination is made to have necessary manpower readily available as needed. Once this has been completed a Memorandum is attached to request and it is forwarded to Wayne Robertson Risk ~ , Manager for his review to determine insurance requirements and his approval 3 Once the Risk Manager' has completed his portion, it is forwarded to the Human Resources Sr. Director for her review 4. Once reviewed by the Human Resources Sr. Director it is forwarded to the County Administrator for final review and/or approval. 5. Once the County Administrator approves/denies request, it is returned to me (' \\V Il.J 1)( )\~"S\Profak~\r-.1tH1S;'I\':ItJ".(' I 1';;'\P(,I';un;I1\'.Park~. l\: 1~t't'\tlpollC\"ll"t.' or t'Ollll1y IHlll)!"!"!\, dUt' u. vnce returned to this office, if approved, an approval letter is drafted, along with . coordination with requestor to advise of what contingents are needed to be met prior to event such as, insurance requirements (Originals must be delivered to us prior to event), fees, verification of coordination with other agencies as required, etc. As you can see, this is quite a lengthy process and requires time from start to finish. Per my discussions with the Risk Manager, we would like to see a policy implemented which would require the requester to deliver paperwork to Monroe County at least five (5) working days prior to requested event/activity. However, if request requires further coordination, such as a public assembly permit or coordination with other County departments' ten (10) working days is requested. Worse case scenarios, such as requesters requesting same day or following day approvals should not be permitted Thanking you in advance for your consideration in this matter, I will be available for' discussion at your convenience. (' IWIN))c lWSll'lI,lik,\Mon,,"l";I\I'_" I ""W",';o".:olll';" ~, N 1<,.,-lllp"'''''',,,,,, or "0111111' p....p...!\' do.- MEMORANDUM TO: Carlos Zarate, Sr. Director Facilities Maintenance Department . FROM: p ";v Lisa Monsalvatge/ftJ- ~ Parks & Recreation Coordinator DATE: March 14,2000 RE: Proposed "REVISED" Use of County Property Forms Attached herewith, please find forms which are completed by person(s) or organization(s) requesting the use of County Property. The paperwork includes a "REVISED" Request for Use of County Property Form "Proposed" revisions to this form are as follows: 1. #2 - Requires that Request for Use of County Property be submitted no later than five working days prior to desired date for processing and approval; and ten working days prior to approval if a public assembly and/or extensive coordination with other County Departments is required 2. Fees - "Proposed" form stipulates, The County Administrator reserves the right to waive fee payments. Changes to 1f1 are due to an enormous amount of organizations (more-so production agencies) requesting County property usage at the last minute. As previously discussed on attached Memo, this is causing a hardship not just to Facilities Maintenance, but to all parties involved. Changes to #2, was based on previous discussion with Debbie Frederick, Aide to the County Administrator, as Mr. Roberts has been making the final decision regarding waiver of fees. If you should have any questions or require further information please feel free to ~ contact me at your convenience. ( . \\"'INI)( )\1/S\llloftk..\r\'1on~al\';II".l" II\a\P(', s0r1al\P:1I1~ & l~n'\lI\l' of n11l111 " P10IWlly. 111('1110 line