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HomeMy WebLinkAbout03-321 RESOLUTION NO. 03-321 A RESOLUTION AMENDING THE ST. LUCIE COUNTY CIVIC CENTER SCHEDULE OF OPERATING REGULATIONS, RENTAL FEES AND OTHER CHARGES BY REVISING PROCEDURES WHEREAS, the Board of County Commissioners for St. Lucie County, Florida, has made the following determinations: 1. On August 9, 1977, the Board adopted Resolution No. 77-90, which established a rental schedule for the St. Lucie County Civic Center for Class I and II rental periods based upon whether admission is charged for an event. 2. On August 16, 1977, this Board adopted Resolution No. 77-91, which established regulations for the operation for the Civic Center. 3. On October 16, 1979, this Board adopted Resolution No. 79-96, which amended Resolution No. 77-90 to add a Class III rental period for events scheduled by a governmental entity pursuant to a long term contract of one (1) year or more. 4. On September 22, 1998, the Board of County Commissioners adopted Resolution No. 98-238 (which amended the fee schedules for the St. Lucie County Sports Complex/Thomas J. White Stadium, the St. Lucie County Civic Center, and the Savannas Outdoor Recreation Area). 5. On January 1, 2002, the Board of County Commissioners adopted Resolution 01-305, which adjusted the rates, fees and insurance coverage charged at the St. Lucie County Civic Center. 6. It is appropriate to amend the schedule of operating regulations, rental fees and other charges. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby amend the St. Lucie County Civic Center Schedule of Operating Regulating, Rental Fees and other charges attached hereto and incorporated herein as Exhibit "A". 2. This resolution shall take effect on January 1,2004. After motion and second the vote on this resolution was as follows: Chairman Pauia Lewis AYE Vice Chairman John Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Cliff Barnes ABSENT PASSED AND DULY ADOPTED this 9thth day of December, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA G:\ATTY\R ESOLTN\2003\03-321 .wpd BY: APPROVED AS TO LEGAL FORM AND CORRECTNESS: ST. LUCIE COUNTY CiViC CENTER 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 SCHEDULE OF OPERATING REGULATIONS RENTAL FEES AND OTHER CHARGES The following information is provided for preliminary and final investigation into the policies regarding rental fees and other charges related to all classifications of programs and activities carried on by St. Lucie County, hereinafter called the "County" within the St. Lucie County Civic Center, hereinafter called the ~'Civic Center". GENERAL INFORN~ATION Rates charged for the Civic Center facilities are based on a "Four Wall" policy. Included in the basic "Four Wall" fees are: normal janitorial service, and the basic public address system as installed in the premises for the presentation of the attraction. Rental fees for Meeting Rooms will include the same, and in addition, will include a reasonable number of chairs and speak:er lectern. There will be a labor charge for above normal clean-up or set-up requirements. Not included in the basic rates are any special arrangements such as: ushers, security, box office, ticl<et tal<ers, doorman, stage hands, public address system operators (where required), exhibit/convention booth equipment, musicians, license fees, etc. The number and identity of such persons to be used in these capacities shall be those designated by the Civic Center Coordinator in conjunction with Lessee. Rates for the above services and additional needed equipment shall be charged at the current County approved rates included as a part of this writing. All box office operations, ticl<et sale controls and concession rights shall remain under the exclusive management of the County. Page 1 of 18 The Lessee shall furnish his own insurance, insuring both himself and the County as follows: (a) General Liability covering the premises- operations <:nd the Indemnify/Hold- Harmless agreement contained in this lease in amounts of not less than $1,000,000 each occurrence for bodily injury, $1,000,000 annual aggregate. A valid certificate of insurance naming the St. Lucie County Board of County Commissioners as an additional insured, to include a thirty (30) day prior written notice of cancellation clause, shall be provided at the time of signing the contract. A copy of the certificate shall be furnished to the Civic Center Coordinator, on or not later than thirty (30) days prior to the event unless a longer time is prescribed by the Civic Center Coordinator in subsection (b) below. (b) Additional requirement, if any, Lease agreements shall not be transferrable unless approval in writing is granted by the Civic Center Coordinator. The minimum rental fee and all expenses except for those which cannot be determined in advance shall be payable in advance by Money Order or Certified Check (made payable to St. Lucie County Civic Center) at the time of the signing of the contract. Those charges that cannot be determined in advance shall be paid in full, immediately following the performance and/or use of premises. In the event of cancellation by the Lessee, the Lessee shall forfeit all fees paid. All other expenses including license fees, stagehand fees, taxes, etc., shall be paid by Lessee. Page 2 of 18 ST LUClE COUNTY CIVIC CENTER BASIC BOOKING POLICY (a) Order Processing of requests for tentative dates shall be in order of receipt. Tentative dates requested by potential Lessee are held for two (2) weeks after which time County reserves the right to book another event on the date being held. Those desiring dates to be held more than two (2) weeks should provide a written request to the Civic Center Coordinator and upon receipt may be granted up to a two (2) week extension. (b) Conditional Approval Contracts for rental of the Civic Centerwhich require insurance, approval or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the contract is otherwise complete, a "Conditional Approval" will be issued. All required fees, certificates and approvals shall be provided at least fourteen (1 4) days prior to the event, unless a longer time period is prescribed by the Civic Center Coordinator in subsection (b) of General Information. The Conditional Approval will be deemed denied if any required fee or security deposit is not paid, or an insurance certificate evidencing the requisite insurance is not provided, or the approval or permit of other governmental entities have not been received or the other terms and conditions have not been met. No written notice of denial will be required. The County reserves the right to book another event on that date. If the contract cannot be returned within two (2) weeks and potential Lessee needs additional time, Civic Center Coordinator must be notified in writing to this effect for the date to be held. The Civic Center Coordinator, upon receiving the written notification, will determine whether to hold the date and will notify the potential Lessee. Page 3 of 18 (c) Written Denials If no written denial or Conditional Approval is issued within fourteen (1 4) days of the date on which a contract is fully completed, executed and filed with the appropriate Officer or Employee, as designated by Civic Center Coordinator, the applicant shall be deemed to have been granted a Conditional Approval pursuant to Section b., above. Provided, however, the County may extend the period of review for an additional fourteen (14) days by issuing a written notice of extension. If, prior to the expiration of the extended review period, no written denial is issued, the applicant shall be deemed to have been granted a Conditional Approval pursuant to Section b., above. (d) Notice of Extended Review or Denial or Issuance of Permit Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by deposit in the United States mail, with proper postage prepaid, to the name and address set forth on the contract. (e) Contents of Notice; Ground for Denial Notice of denial of a contract for rental of the Civic Center shall clearly set forth the grounds upon which the contract was denied and, where feasible, shall contain a proposal by the County for measures by which the applicant may cure any defects in the contract for rental of the Civic Center or otherwise procure rental of the Civic Center. Where a contract has been denied because a Conditional Approval has been granted for the same time and place, and a contract has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, the County may propose an alternative place, if available, for the same time, or an alternative time, if available, for the same place. Page 4 of 18 To the extent permitted by law, the County may deny a contract for rental of the Civic Center if: (1) the applicant or the person on whose behalf the application for contract was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted; or (2) the applicant or the person on whose behalf the application for contract was made has on prior occasions violated the terms of prior rental contracts issued to or on behalf of the applicant; or (3) the application for rental of the Civic Center (including any required attachments and submissions) is not fully completed and executed; or (4) the applicant has not tendered the required fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, security deposit or other forms or permits within the times prescribed by the Civic Center Coordinator; or (5) the contract contains a material falsehood or misrepresentation; or (6) the applicant is legally incompetent to contract or to sue and be sued; or (7) the applicant or the person on whose behalf the application for rental of the Civic Center was made, has on prior occasions damaged County property and has not paid in full for such damage, or has other outstanding and unpaid debts to the County; or (8) Conditional Approval for rental of the Civic Center for the same time and place has been received, and a contract has been or will be granted to a Page 5 of 18 prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the Civic Center or part hereof; or (9) the use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the County and previously scheduled for the same time and place; or (10) the proposed use or activity is inconsistent with the approved uses of the Civic Center; such as a purpose for which the Civic Center is not physically suited. (11) the use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the Civic Center, or St. Lucie County's employees, contractors or of the public; or (12) the applicant has not complied or cannot comply with applicable licensing requirements, ordinances or regulations of the County and other governmental agencies concerning the sale or offering for sale of any goods or services; or (13) the use or activity intended by the applicant is prohibited by law, including the Code of Ordinances of County; or (14) Previous similar events put on by the applicant have resulted in illegal activities. The County and the Lessee shall not discriminate against any person because of sex, race, color, religion, ancestry, national origin, or disability. The Center and Lessee shall not directly or indirectly display, circulate, publicize or mail any advertisement, notice or Page 6 of 18 communication which states or implies that any facility or service shall be refused or restricted because of sex, race, color, religion, ancestry, national origin, or disability. (f). Amendment or Revision of Applications Any amendment or revision of an application or contract shall for purposes of determining the priority of the application for contract, relate back to the original filing thereof; but the time in which the County shall grant or deny the application for contract and serve notice of such granting or denial shall be computed from the date of the amendment or revision. PROCEDURES FOR REVIEW; WAIVERS. (a). Review by County Administrator (1) Any applicant who is denied a contract or denied a request for a waiver of user fee, security deposit, or certificate of insurance, or a permittee who has had all or a portion of its security deposit retained because it was assessed damages or a fine pursuant to this procedure may, within seven (7) days of the service of notice of such determination, file a written appeal from such determination with the County Administrator, (2) The County Administrator shall have seven (7) days, excluding holidays and weekends, from the date on which the appeal was received, to affirm, modify or reverse the denial decision or the decision pertaining to the security deposit; (3) Notice shall be deemed served upon the applicant or permittee when it is personally delivered or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth in the contract; (4) If notice is not served upon the applicant or permittee within seven (7) Page 7 of 18 days, excluding holidays and weekends, of the date upon which the appeal was filed, then the denial or retention of security deposit shall be deemed reversed. (b). Form of Appeals Any applicant may appeal a decision made by the County Administrator by filing a notice of appeal with the County Administrator within seven (7) calendar days of the date of the rendition of the decision. The Board of County Commissioners shall review the petition at a public meeting within fifteen (15) calendar days from the date of filing the appeal. The petitioner shall be provided reasonable notice of the time, date and place of the public meeting. Any appeal filed pursuant to these regulations shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the contract, the written notice of the determination of County, and any other papers material to the determination Any aggrieved parties may appeal a final decision of the County Administrator to the Circuit Court of the Nineteenth Judicial Circuit. An appeal shall be filed within thirty (30) days of the decision of the County Administrator being appealed. SECURITY All night security is available upon request for exhibitions and conventions where displays and/or equipment are involved. This security will be charged at the approved Civic Center rate as included in this writing plus fifteen percent (15%) handling tee, payable at time of signing contract. Cartons, packages or other containers brought in or removed from the Civic Center by Lessee's personnel, exhibitors or service contractors may be subject to inspection. Page 8 of 18 CATERING All food service rights are reserved by the County. All catering in the County Civic Center must be approved by the Civic Center Coordinator. A copy of the catering bill must be approved by the Civic Center Coordinator. A copy of the catering bill must be provided prior to the function. The Lessee will be charged ten percent (10%) of the catering bill, and/or an additional user fee of $2.00/table; and $200.00 for the kitchen. There is a $100 clean up deposit for the stove. CONCESSIONS All concession rights are reserved by the County. The sale of all novelties, souvenirs, programs, broadcasting and/or TV rights, etc., must have prior approval from the Civic Center Coordinator or his designee. ALCOHOLIC BEVERAGES No alcoholic or malt beverages shall be brought into the Civic Center or consumed during events without prior written approval of the Civic Center Coordinator or his designee. Permission for the consumption of alcoholic beverages must be applied for in writing and addressed to the Civic Center Coordinator not less than ten (1 O) calendar days prior to the scheduled event. Permission will not be granted until Lessee has obtained all applicable licenses and additional insurance in the amount required by the Civic Center Coordinator for alcohol consumption. SMOKING No smoking is permitted in the Civic Center. BOX OFFICE RULES AND REGULATIONS Lessee agrees to deliver to the County, free of charge, a total of twelve (12) Page 9 of 18 admission tickets for each day and/or also twelve (12) tickets for each evening the premises are open to the public or trade during the term of this lease. 1. Tickets for all events must be sold through the Civic Center, unless the Civic Center Coordinator, at his or her discretion, may authorize in writing, groups to handle their actual ticket sales themselves, providing all Civic Center regulations regarding accounting for the sales are met. 2. All tickets being sold through the Box Office must be shipped directly from a bonded printer to County's box office with manifest covering same. 3. The number of Lessee's passes and the method of issuing same must be approved by the Civic Center Coordinator. 4. There may not be any draw against advance sale. 5. Check up will be at intermission with final settlement following last performance. 6. The form of hard tickets and/or any other tickets must be approved by the Civic Center Coordinator. All tickets must contain a 1" (one inch) audit stub. 7. The time period of advance sale of tickets through the Box Office must be approved by the Civic Center Coordinator. 8. A minimum box office fee will be charged at a rate of one hundred dollars ($100.00) per week for advance sales. 9. Situations not covered herein will be decided by the Parks & Recreation Director or his/her designee, whose determination will be final. 10. All complimentary tickets for promotional use will be counted as sold. 11. There will be a ten dollar ($10.00) per hour per person charge for Box Office Pagel0of 18 personnel for day of show only. 12. The Florida Department of Revenue requires a six and one-half percent (6.5%) tax to be levied on any and all individual admission or ticket sales, except for those organizations which have a consumer exempt certificate, (i.e. church). 13. The County will not be responsible for collecting or filing taxes for groups or organizations selling their own tickets. LICENSE FEE: Any and/or all events may be subject to a license fee charged and determination will be made by the Civic Center Coordinator. CIVIC CENTER RENTAL RATES BY AREA OR PERIOD Unless Lessee is tax exempt, all rentals are subject to a six and one-half percent (6.5%) state sales tax charge. FULL ARENA "FOUR WALL" RENTAL Full Arena Rental $1,250.00 and/or 12% gross Profit Organizations $1,000.00 Non-profit Organizations North Hall Rental $500.00 and/or 12% gross Profit Organizations $400.00 Non-profit Organizations South Hall Rental $600.00 and/or 12% gross Profit Organizations $400.00 Non-profit Organizations CAPACITY DRAW EXTENDED EVENTS For major capacity draw extended events with two or more performances, the Civic Center Coordinator may negotiate a flat rate and/or a % (percent) of gross receipts and/or a per ticket charge. Pagellof 18 ALL AREAS Rehearsal or set-up and tear-down - one half (1/2) applicable rate. MEETING ROOMS B~.C' 1C)1 $70.O0/day $100.O0/day PLUS EXPENSES WHEN APPLICABLE Any changes to original set-up for event will incur a one hundred dollar ($100.00) dollar reset fee. SPECIAL CONSIDERATIONS One (1) day rent-free will be provided for set-up and tear-down if Civic Center is rented five (5) consecutive days or longer. For conventions renting the Civic Center, regular meeting rooms, if available, may be provided at no charge. Any changes to original set-up for event will incur a one hundred ($100.00) dollar reset fee. CATERING OR CATERED FUNCTIONS USING KITCHEN RENTAL RATE: Two hundred dollar ($200.00) minimum DURATION OF RENTAL The basic rental fee herein established shall be deemed to provide fora normal day of rental which is defined as commencing at 8:00 AM and ending at 12:00 AM (midnight) on the same calendar day. Promoters are responsible for their vendor's conduct and for ensuring that the vendor's exit the building in a timely manner following the end of an event. Promoter is to remain on-site until all vendors have left the building. Page12of 18 LATE CHARGES As herein above described, a day of rental terminates at 12:00 AM (midnight). Any event which requires additional usage of the auditorium or arena after midnight will be charged ten percent (10%)/or one hundred twenty dollars ($120.00) per hour of the established daily base rental rate prescribed herein, for each hour of usage taking place after the stipulated termination time. Late charges will be levied if the building is not vacated by 12:00 AM (midnight). EXTERIOR Lease agreements for use of the Civic Center do not include availability of any outside areas adjacent to the facility. Requests for utilization of outside areas must be approved by the Civic Center Coordinator in writing prior to the event and costs determined by space utilized. At no time does reserved parking become available to a lessee nor should it be assumed to be included as a part of any lease agreement. MASTER CARD AND VISA CREDIT CARD FEF All events using the Civic Center Box Office will be subject to Master Card/Visa charges. A service charge will be passed on to Lessee to cover the bank's service charge of 3.0% of each ticket purchase charge slip total. The Civic Center is only responsible for complying with normal banking regulations regarding the use of Master Card/Visa, and the Lessee is responsible for any loss not covered by standard banking procedure. PARKING AREA The public parking lot is a concession belonging solely to the County, and in no way may be used by any entity if the use thereof constitutes a violation of county and/or fire Page13of 18 codes. All tents requiring stakes need prior approval from the Civic Center Coordinator. All holes must be hot patched. ATTACHING PICTURES, SIGNS, POSTERS, ETC., TO WALLS At no time will it be permissible to attach, with tape or by any other means, signs, posters, banners, pictures, etc., to painted wails, light fixtures, covered wails, or on graphic or directional signs within the Civic Center. This type of material may be taped to glass and unpainted metal surfaces with the approval of the coordinator. The coordinator must approve any such material to be used on the exterior of the Civic Center. At no time will political material be approved for exterior use. ADDITIONAL CHARGES AND FEI~S The number of public service personnel and technicians is determined by event, and wages per hour are subject to change. A utility fee for extended draw events of not less than one hundred dollars ($100.00) per day and not to exceed two hundred fifty dollars ($250.00) day to be charged at the discretion of the coordinator. Typical current hourly rates are as follows: 1. Box Office Service 2. Personnel - per ticket seller day of show 3. Policeman (Supervisorl (Regular/ 4. Security (Supervisor) (Regular) 5. Phone/Switchboard Operator $100.00 per week $10.O0/hour $27.00/hour $25.00/hour $11.75/hour $10.25/hour $10.O0/hour, four hour minimum Page 14of 18 EQUIPMENT Catering Kitchen Ticket Takers/Ushers (Supervisor) (Regular) Custodial Labor Baldwin Concert Grande Piano Quartz Spots (2) Band Risers/Runway Sound System (as installed) Portable Stage Tables Forklift (1 ton) and operator 120 Watt Outlet (per day) 220 Watt Outlet (per day) Super Trooper Spots (2) Electrical service charge when service is needed for stage, sound and lighting STAGEHAND CHARGES Stage productions, $10.O0/hour, four hour minimum $10.O0/hour, four hour minimum $10.O0/hour, four hour minimum $200.00 $~oo.oo $25.o0 $45.00 $125.00 $300.00 $2.00 each per day $150.O0/h our Si 5.00 $25.o0 $100.00 each per show $100.00/200 amp or $200.00/ 600 amp presentations (local and traveling shows) non-commercial shows, school dances, booth shows, motion picture presentations (any size or type), rock shows and/or area presentations, slide presentations. Presentations not listed are subject to prior negotiations, rates listed below shall be minimum rates for any production and are subject to change. Page15of 18 Crew at show time rates: Houseman $25.00/hour Electrician $125.00 CONVENTIONS Rates to be no less than non-commercial rates, subject to adjustment and prior . negotiation. CAMPING FEES $15.00/day (hookup) DAMAGE DEPOSIT $10.00/day (no hookup) $300.00 (Refundable) Actual costs will be charged once equipment check for function Oven clean up $100.00 OVERTIME: Double time rates shall prevail after midnight, New Years Day, July 4th, Labor Day, Thanksgiving, Christmas Day and/or any other County recognized holiday when working. Items, performances, presentations, and conditions not listed shall be negotiable. Advance notification required. CONDENSED FACTS ABOUT THE ST. LUClE COUNTY CIVIC CENTER FULL ARENA Maximum Festival Style 5,000 Maximum Seating 4,000 Balcony Seating 1,000 Riser Seats 762 Floor Seats 2,238 Page16of 18 ARENA FLOOR Area (120 x 200) Banquet Dining Capacity 2. NORTH HALL Maximum Seating Balcony Seating Floor Seats ARENA FLOOR Area (100 x 120) Banquet Dining Capacity 3. THEATER (SOUTH HALL) Maximum Seating Balcony Seating Riser Seats Floor Seats 4. MEETING ROOMS Rooms- each 40'x 15' OTHER FACILITIES INCLUDE: Portable Stage Team Dressing Rooms Star Dressing Rooms Concession Stands Loading Dock (Stage and Floor) Full Staging with sound and lights 24,000 square feet 800 2,000 501 937 12,000 square feet 1,000 2,099 499 762 838 560 square feet Page17of 18 Public Relations Room Stage 60 x 35 (20 x 40 opening) COPYRIGHT FEES Any and all ASCAP, BMI, SESAC or other copyright fees applicable to an event will be the full responsibility of the Lessee. Payment of the fees will be made by the Lessee directly to the applicable copyright agency. 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