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HomeMy WebLinkAbout24-184 RESOLUTION NO. 2024-184 A RESOLUTION UPDATING AND CREATING APPLICATION AND USER FEES FOR THE SUNSHINE KITCHEN FOOD BUSINESS INCUBATOR FACILITY; FURTHER CREATING A CODE OF CONDUCT; PROVIDING FOR POLICY AND PROCEDURE UPDATES; PROVIDING FOR PROVISIONS IN THE AGREEMENT THAT AUTHORIZE TERMINATION OF THE KITCHEN FACILITY USE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, the Sunshine Kitchen Food Business Incubator, which is a 10,000-square- foot facility providing year-round,24-hour-a-day access for users to produce,package,and market food business items, and is located at 7550 Pruitt Research Center Road, Fort Pierce, FL 34945. WHEREAS, the Sunshine Kitchen Food Business Incubator is a commissary kitchen where chefs,caterers,food truck operators and more can hone their culinary skills and a food micro business incubator to help bolster the success of burgeoning community-based business owners. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to provide and maintain county buildings;establish a schedule of fees;and perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law. WHEREAS,the Board finds that it is in the best interests of the general public to charge a fee for services provided by the County,so that those parties deriving the benefit(s)from County- provided services pay for the costs of providing those services. WHEREAS, it is appropriate to establish a fee to properly reflect the cost of providing certain County services and that are sustainable to the community. WHEREAS, currently there are more than 50 lease agreements with kitchen clients and more than 50 agreements with food truck clients, all with different expiration dates. This makes it difficult for County staff to administer. Adoption of a uniform rate of schedule with a uniform effective date and term is necessary for the efficient administration of the Sunshine Kitchen and is in the public interest. THEREFORE, BE IT RESOLVED, by the Board of County Commissioners for St. Lucie County,Florida: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The Schedule of Fees attached hereto and incorporated herein as Exhibit "A" is hereby adopted. County staff is directed to review the Schedule of Fees periodically, at least every five years,to determine if fees should be adjusted to offset the technical and operational costs incurred by the County in providing use of the kitchen facilities. Any adjustments to the Schedule of Fees shall be adopted by resolution. 3. The Schedule of Fees shall be applicable on the Effective Date to any clients entering a lease agreement after the Effective Date. Those leases in effect prior to the Effective Date will be subject to the Schedule of Fees on February 1, 2025. 4. The Code of Conduct attached hereto and incorporated herein as Exhibit "B" is hereby adopted. 5. The County Administrator or designee shall annually review, update and distribute policies and procedures for the Sunshine Kitchen to kitchen facility users. The County reserves the right to amend use policies at any time upon written notice to the kitchen facility user. 6. All agreements shall contain provisions authorizing the County, at its sole discretion, to terminate an agreement without cause upon a 30-day notice to the kitchen facility user and, in addition authorization to immediately terminate (cancel) a kitchen facility use agreement due to noncompliance. Upon agreement termination,the agreement shall require the kitchen facility user to immediately remove all of their property from the facility. 7. This Resolution shall be effective upon adoption("Effective Date"). After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair ABSENT Chris Dzadovsky,Vice Chair AYE Linda Bartz, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this Pt day of October, 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ST.LUCIE COUNTY,FLORIDA .C{GOMM/ss' 2:7/(. it & I. 6 * °ti:Y: Deputy Clerk 0 ��� /e i 7p VICE' C air U c ,, co dj ;4 Off' •`0 C4couNil.*o" APPROVED AS TO FORM AND CORRECTN BY: County At rney Exhibit A—Schedule of Fees Fee Description Base Fee Supplemental Fee Notes Application fee $35.00 n/a Applicable to Kitchen User or Food Truck applicants. Security Deposit shall be applied to any losses(not including key cards),damages and rent. Kitchen User Security Upon termination of the facility use agreement(lease), Deposit $250.00 n/a as long as Lessee is not in default under any provision, the security deposit will be returned within 30 days, less any amounts to repair any damage caused by lessee during its tenancy,excluding normal wear and tear. $10.00 for each extra key Base Fee is for two(2)key cards. Kitchen User key card $10.00 $15.00 for each replacement key card A key card is issued to authorized individuals with a lease and their identified/authorized employees. If fees are not paid by the fifteenth(15th)of each 8-hour Minimum Membership:$160.00,payable on month,Lessee will no longer have access to the the fifth(5th)day of each month $50.00 late fee if monthly payment is not Kitchen until ALL past due fees are paid. received within five(5)days of the due 8-31 hours $20/hour date. Specific leased areas will be identified and 32-59 hours $19/hour Subject to applicable tax,and 2%platform documented in the facility use agreement(lease)with 60-100 hours $18/hourthe Lessee. Kitchen User 101+hours $17/hour fees. (Lessee) May be subject to additional fees and fines Subject to availability and approval by the County. for unscheduled kitchen time.Billable Reservations are processed through The Food Corridor Membership for use between 7pm and lam: kitchen use hours shall be confirmed with platform. All packages are charged a platform fee $17/hour=$136.00 for 8 hours,payable on the fifth surveillance equipment and the logged key from The Food Corridor for all your billing, (5th)day of each month. card swipes. scheduling,and advertisement:2%ACH,2%cash, checks,money orders. A 2-hour notice of cancellation or re-scheduling is Cancellation fee $18.00 for less than 2-hr cancellation notice n/a required to move to another date,considering that date is available.Once time has been reserved,the equipment/time slot becomes unavailable to others. Safety is upmost importance.Lessees are expected to Should a stove/oven be left on after properly turn off equipment,clean and sanitize after use/after a shift a fine of$50 will be their shift and keep the kitchen ready for use by the Stove/Oven fine n/a imposed. next shift. If more than two(2)occurrences,$150.00 After the 3`d occurrence,the County may cancel the per occurrence. Kitchen Facility Use Agreement due to noncompliance. Subject to availability and approval by the County. Production Space Rental $250.00 security deposit Space $20.00 per square foot Subject to cancellation and cleaning fine. Specific leased areas will be identified and Subject to applicable tax. documented in the facility use agreement(lease)with the Lessee. County Unit or Unit Type Subject to availability and approval by the County. Private Unit $40.00 per month for a single door Private Cooler/Freezer Unit additional fee All Private Cooler/Freezer Unit must be well- cooler/freezer for utility expense to the kitchen: maintained to minimize utility costs above normal and Refrigerator/Cooler/ per month for double door Freezer Units $80.00 cooler/freezer Each single door$10.00/month customary use. per month for triple door Each double door$15.00/month S ecific leased areas will be identified and $120.00 cooler/freezer Each triple door$20.00/month documented in the facility use agreement(lease)with $55.00 per rack in the Walk-in Cooler the Lessee. Subject to availability. Dry Storage $50 per month per cage. n/a Specific leased areas will be identified and documented in the facility use agreement(lease)with the Lessee. $60.00 fine per occurrence if any dishes,pots,or pans Safety and Sanitation are of upmost importance. are left in the sink after a scheduled shift Lessees are also expected to properly clean and Proper sanitation is required. sanitize after their shift and keep the kitchen ready for Cleaning fines If more than two(2)occurrences,$100 per use by the next shift. occurrence. If a 5th occurrence occurs,the County may,at its sole $80.00 fine per occurrence for additional uncleanliness (floors,trash,equipment,etc.). discretion,cancel the Kitchen Facility Use Agreement due to noncompliance. Fee due at the initiation of the facility use agreement Food Truck(Lessee) $525.00/year. Subject to applicable tax,and 2%platform (lease)and includes access to fresh water,disposing of fees. gray water,and disposing of used oil and food trash only. $18.00/hourly Subject to cancellation and cleaning fine. Office space $115.00/daily(8 hours max) Subject to availability and approval by the County. $300.00/monthly Subject to plus applicable tax. $50.00/hourly(minimum billable $100.00 security deposit Subject to availability and approval by the County. Classroom period is two(2)hours) Subject to cancellation and cleaning fine. (870sq.ft.) $250.00(8 hours max)** 15%discount for non-profit organizations. $400.00(12 hours max) Subject to plus applicable tax. **50%discount for kitchen clients(lessee). $100.00/hourly(minimum billable $300.00 security deposit Subject to availability and approval by the County. period is four(4)hours) Outdoor space $600.00(8 hours max)** Subject to cancellation and cleaning fine. $800.00(10 hours max) 15%discount for non-profit organizations. $1,000.00(12 hours max) Subject to plus applicable tax. **50%discount for kitchen clients(lessee). Specific leased areas will be identified and For a Kitchen User(Lessee)with more than 101 hours documented in the facility use agreement(lease)with (membership)utilized per month: the Lessee.The County may cancel the Kitchen $60.00/monthly(1 space max) Facility Use Agreement due to noncompliance. Parking space lease n/a Improper use of a parking space without County Subject to availability and approval by the County.A authorization may result in the towing of a vehicle. parking space lease may be provided if there is sufficient parking available for the Sunshine Kitchen St.Lucie County and the Sunshine Kitchen are not and the use is not detrimental to the kitchen operations. responsible for any damage,theft,parking tickets,or removal,towing,and storage costs. Subject to availability and approval by the County. Security Deposit shall be applied to any losses, $50.00/hour damages and rent. (minimum billable period is three(3)hours) Occasional Kitchen User $120.00 security deposit Individuals wishing to prepare foods for their personal Subject to availability. Subject to cancellation and cleaning fine. family consumption or private event,may,upon submission of an application request,use limited Maximum utilization of four(4)times per year. pieces of equipment in the kitchen during Monday to Friday 9am to 5pm when the facility is not in demand by Kitchen Users(Lessee)and the Kitchen Manager is present. If more than two occurrences,$150 per The County may immediately terminate/cancel the Code of Conduct fine $100.00 per occurrence Kitchen Facility Use Agreement due to occurrence. noncompliance. In the event Lessee fails to pay any of the fees,charges and revenues as required to be paid under the provisions of this Fee Schedule,within 30 days after the same shall become due, interest at the rate of one and one-half percent(1-1/2%)per month shall accrue against the delinquent payment(s)until same are paid. The Lessee shall be liable for the prevailing State of Florida Sales and Use Tax(currently at the rate of 7.0%)on the amounts payable to the County. Beginning October 1,2025,all Base Fees within this schedule shall be adjusted by 2%annually on October 1st,rounded to the nearest whole dollar. Exhibit B Sunshine Kitchen Code of Conduct The Sunshine Kitchen,a shared-use, incubator, commercial kitchen facility.The kitchen facility aids St. Lucie County residents to improve their quality of life through resources to produce,package,and market food business items. This shared-use kitchen facility is meant to be useful and accommodate a wide variety of start-up businesses. As such, it is necessary that all parties work collectively to make this shared-use kitchen facility work for all. County staff aims to provide customer-focused services to all clients in the food business incubator kitchen facility. This Code of Conduct is designed to ensure a safe, sanitary, respectful, and productive environment. The following Code of Conduct is set forth to outline behaviors and activities that will not be tolerated in the Sunshine Kitchen. Please note, those unwilling to comply will be subject to fines, limitations on kitchen use and, potentially,asked to vacate the facility. The following actions/behaviors are unacceptable as it interferes with the services provided and may compromise safety and the rights of others,cause damage or injury: • Any form of physical violence or threats of physical violence. • Abusive, harassing, intimidating, insulting or derogatory remarks. • Behaving in a manner which reasonably can be expected to disturb other clients or staff, including loud and disorderly conduct, use of obscene or abusive language or gestures. • Removal and off-premise use of equipment. Equipment and items owned by the Sunshine Kitchen must not leave the premises. • Willful misuse, damage,or loss of equipment. • Leaving unclean smallware,equipment and/or kitchen facilities. • Willful damage or vandalism to property and equipment. • User and/or their employees not observing proper safety procedures while in the facility. • Use or alteration of the facility for purposes not permitted in the facility use agreement. • Use of hazardous materials or substances in the facility. • Allowing unauthorized individuals or third parties into the facility without proper and prior authorization by the County. • Use of the facility without scheduled kitchen time. • Threatening to harm, or physically harming staff or clients, or verbally harassing staff or clients. • Smoking or using tobacco products including smoke-less cigarettes. • Possessing,consuming or being under the influence of alcohol or illegal drugs. • Bringing and/or allowing live animals into the facility. Purpose This policy ensures that all parties are informed, and that unacceptable behavior/action is managed consistently and fairly. This policy applies to everyone who accesses our services and facility. Please note, in the event that someone threatens to harm themselves or others, the appropriate authorities will be notified immediately. Please note, a party (client) may make requests that we cannot reasonably accommodate. This may include but is not limited to: • the quantity of information being sought. • the nature and scale of service requested. • a remedy or outcome that is not within the scope of our ability. Every effort shall be made to provide the party with alternative resources and clear information and explanations.