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Item C39 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 16, 2009 Bulk Item: Yes...x... No Division: Public Works Department: Facilities Maintenance Staff Contact PersonlPhone #:John W. King/292-4531 AGENDA ITEM WORDING: Approval to add the Media Room at the Marathon Government Center, the Big Pine Key Park Community Center, and the Murray E. Nelson Government and Cultural Center meeting rooms and theatre to the Policy for Public Facilities, Roads, Bridges and County Meeting Rooms for Use in Monroe County, Florida. ITEM BACKGROUND: Originally the Policy for County Meeting Rooms and Use of County of County Property Rules and Regulations were two distinct documents. On May 19, 2004, the BOCC approved a revision to consolidate both documents into one policy to include the Airports, Libraries, meeting rooms, County facilities, and parks and beaches. This revision adds the Media Room at the Marathon Government Center, the Big Pine Key Park Community Center, and the Murray E. Nelson Government and Cultural Center meeting rooms and theatre. PREVIOUS RELEVANT BOCC ACTION: Modified the fee structure for the use of Government meeting rooms on July 26, 2000, September 19, 2001, and October 15, 2003. On May 19, 2004, the BOCC approved a revision for the Use of County Property and the use of Government meeting rooms to consolidate the policy to include the Airports, Libraries, meeting rooms, County facilities, and parks and beaches. On October 19, 2005, September 20, 2006, September 19, 2007, September 17, 2008, and August 19, 2009, the BOCC approved the annual modification to the fee structure. CONTRACT/AGREEMENT CHANGES: Addition of the Media Room at the Marathon Government Center, the Big Pine Key Park, and the Murray E. Nelson Government and Cultural Center meeting room(s) and theatre. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $ -0- INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Year L- REVENUE PRODUCING: Yes X No AMOUNT PER MONTH APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 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, airport, meeting room or theater MUST complete the "REQUEST FOR USE OF COUNTY PROPERTY' form and return to the responsible County Department. The ORIGINAL 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 Sheriffs office, or State Department of Transportation is needed, the ORIGINAL REQUEST FOR USE OF COUNTY PROPERTY FORM must be submitted no later than ten working days prior to the desired date. 1. FEES: 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 5 and 6. 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. 2. INSURANCE: Groups/organizations/sponsors/individuals shall be required to execute an original Hold Harmless/Indemnity Agreement and furnish original 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: . Worker's Compensation . General Liability . Vehicle Liability . Aircraft/W atercraft Liability . Liquor Liability (if applicable and necessary) Policy for Use of Public Facilities December 2009 3. 250 + PARTICIPANTS: 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) 4. ALCOHOLIC BEVERAGES: 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 required by the Monroe County Risk Manager. In accordance with Monroe County Resolution No. 156-2001, adopted on 3/21/01, the followin2: fees must be collected from the non-charitable or2:anizations or social event sponsor before the County Administrator may accept an application for the per event sale of alcoholic bevera2:es on County-owned property: Number of persons expected to attend the event: 1-20 21 - 50 51 - 100 101 or more Fee: $10.00 $20.00 $40.00 $50.00 All organizations must comply with the insurance requirements provided by Monroe County Risk Management. 5. TRAFFIC CONTROL: 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 Sheriffs Department is required to charge overhead costs. Proof of coordination is needed. 6. BBQ GRILLS: 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. 7. MEETING ROOMS (EXCLUDING LIBRARIES) AND THEATER: 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 ofthe 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. D. All requests for equipment shall be made at the time the room is reserved. Special requests for equipment after reservation or during a meeting may be denied. Policy for Use of Public Facilities 2 December 2009 E. Facilities shall not be used for personal or private profit, aggrandizement, or advertising. F. Smoking and alcoholic beverages are prohibited. 8. COUNTY LIBRARIES: 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. 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. Policy for Use of Public Facilities 3 December 2009 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. 9. MEETING ROOM LOCATIONS: The Gato Building 1100 Simonton Street Key West, FL 33040 (305) 292-4443 Key West Library 700 Fleming Street Key West, FL 33040 Contact: Reference (305) 292-3595 Marathon Library 3251 Overseas Highway Marathon,FL 33050 (305) 289-6098 Key Largo Library 101485 Overseas Highway Tradewinds Shopping Plaza Key Largo, FL 33037 (305) 852-7164 Big Pine Key Park Community Center 31009 Atlantis Drive Big Pine Key, FL 33043 (305) 292-4431 MEETING ROOM AND THEATER LOCATION: The Harvey Government Center (2) 1200 Truman Avenue Key West, FL 33040 (305) 292-4431 * Marathon Government Center (2) 2798 Overseas Highway Marathon,FL 33050 (305) 289-6036 Islamorada Library 81550 Overseas Highway Islamorada, FL 33036 (305) 852-7163 Big Pine Key Library 213 Key Deer Blvd Winn Dixie Shopping Plaza Big Pine Key, FL 33043 (305) 872-0992 Murray E. Nelson Government & Cultural Center 102050 Overseas Highway, MM 102.5 Key Largo, FL 33070 (305) 852-7161 * 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. 10. Permission to use County property shall not constitute a waiver of any local, state or federal laws. 11. 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. 12. 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. In the event of emergencies or the necessary scheduling of special BOCC meetings, events may need to be rescheduled. Policy for Use of Public Facilities 4 December 2009 13. 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. 14. FEES ARE NON-REFUNDABLE. CHECKS OR MONEY ORDERS ARE TO BE MADE PAYABLE TO MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. 15. 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 305295-4385 MIDDLE KEYS: Monroe County Public Works 1 0600 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 16. 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 5 December 2009 FEE SCHEDULE MEETING ROOMS AND THEATER $44.19 per hour Monday - Friday 8:00 a.m. through 5:00 p.m. excluding Holidays. $61.68 per hour Evenings, Weekends, and Holidays. $20.00 per hour for the use of a small meeting room for 10 people or less (business hours only). Charges cover costs to have an employee on site, and related expenses (i.e., electricity). Additional employees on site would increase the cost pursuant to the current approved meeting room rate schedule by the additional number of employees needed per hour. 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. Fees will be adjusted annually to reflect current costs. FEES ARE NON-REFUNDABLE CHECKS OR MONEY ORDERS TO BE MADE PAYABLE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 will be charged at the rates below, assuming Channel 76 staff is available at the time of the activity. $22.57 per hour Monday - Friday 8:00 a.m. through 5:00 p.m. excluding Holidays. $33.85 per hour Evenings, Weekends, and Holidays. $135.46 per hour for equipment costs. Costs include a T.V camera, technician, and T.V. equipment. Costs do not include tape duplicates or special post-production costs. Policy for Use of Public Facilities 6 December 2009 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 Buildin2:s and Airport Terminals: Monday through Friday: 8:00 a.m. - 5:00 p.m. Hourly Rate Before 5:00 p.m. Hourly Rate After 5:00 p.m. Weekends and Holidays: 8:00 a.m. - 5:00 p.m. Hourly Rate $100.00 per day $15.00 per hour $20.00 per hour $150.00 per day $20.00 per hour . Roads & Brid2:es and Airport Grounds: Monday through Friday Weekends and Holidays $100.00 per day $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) 51 - 100 Persons 101-200 Persons Over 201 Persons $50.00 $75.00 $100.00 To be determined by the BOCC Roman Gastesi, County Administrator (12/16/09) Policy for Use of Public Facilities 7 December 2009