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HomeMy WebLinkAbout25-039 RESOLUTION NO.2025-039 A RESOLUTION AMENDING RESOLUTION 2024-184 PROVIDING FOR A 50% REDUCTION TO THE KITCHEN USER MEMBERSHIP FEE DURING DESIGNATED DAYS AND TIMEFRAMES FOR NON- PROFIT ORGANIZATIONS AND GOVERNMENTAL ORGANIZATIONS THAT PROVIDE SERVICES TO THE CITIZENS OF ST. LUCIE COUNTY; ESTABLISHING A FEE FOR FOOD TRUCK CLIENTS TO UTILIZE KITCHEN PRODUCTION SPACE; AMENDING THE NEEDED MEMBERSHIP HOURS FROM 101 TO 91 TO QUALIFY FOR A PARKING SPACE LEASE; THE REMAINING TERMS AND CONDITIONS OF RESOLUTION 2024-184 REMAIN IN FULL FORCE AND EFFECT; 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, the Sunshine Kitchen Food Business Incubator is intended to foster economic development in the community as well as to assist small and emerging businesses. 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 interest 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,the use of County facilities directly impacts costs related to staff workload, contract labor, utilities, supplies, equipment maintenance, cleaning and security. WHEREAS,the Board adopted a fee schedule via Resolution 2024-184 on October 1, 2024, and the 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. WHEREAS,the Board finds that it is also in the best interest of the general public to provide an opportunity for food truck clients to prep food and kitchenware in the production space, amend the requirements for a parking space lease and provide for a reduced kitchen user membership fee for non- profit organizations and governmental organizations providing services to the citizens of the County and that such reduction is consistent with the St. Lucie County Facility Use Policy. WHEREAS, Non-profit organizations and governmental organizations will be evaluated for its services to the citizens of the County, such as preparing meals to the homeless; teaching cooking to middle/high school students; holding hospitality or cooking sessions for 4-H members;providing baking lessons to seniors or kids; teaching formerly incarcerated individuals with basic kitchen skills (practical work skills); preparing meals for the elderly and/or disabled; preparing meals for free prekindergarten programs; and similar beneficial services to the St. Lucie County community. 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. Kitchen clients that are food entrepreneurs that utilize the facility to produce, package, and market food business items shall have priority for use of the facility. 6. Non-profit organizations and governmental organizations that provide services to the citizens of St. Lucie County may qualify for a 50% reduction to the Kitchen User Membership Fee (discount not applicable to any other fee) for use of facility only between 7:00PM and 7:00AM on any day or between 7:00AM and 11:00AM on Wednesdays.The reduced fee is limited to the use of the facility for a maximum of two (2) hours per week. It is the responsibility of each organization to provide documentation of non- profit status to be eligible for the reduced fee; including information on the specific services provided to citizens of St. Lucie County and that the organization is not benefitting financially from the use of the kitchen. An annual agreement, with the associated requirements, such as insurance coverage, must be entered into with the County. The County reserves the right to deny any request for a reduced fee. 7. 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. 8. 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. 9. Except as amended herein, the remaining terms and conditions of Resolution 2024-184 shall remain in full force and effect. 10. This Resolution shall be effective upon adoption. After motion and second,the vote on this resolution was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 4th day of February, 2025. GOMM/S BOARD OF COUNTY COMMISSIONERS ATTEST: y S> ST. LUCIE COUN Y,FLORIDA ti o 0 _0,D:1)4/L. Deputy Cler a *-Vy ;,?; clor Chair tGe`F couN�•�`�o AP VED AS TO FORM AND CORRECTNE S: BY: /4/4 County • to,ney 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. 8-hour Minimum Membership:$160.00,payable on If fees are not paid by the fifteenth(15th)of each the fifth(5th)day of each month* month,Lessee will no longer have access to the $50.00 late fee if monthly payment is not Kitchen until ALL past due fees are paid. 8-31 hours $20/hour received within five(5)days of the due 32-59 hours $19/hour date. Specific leased areas will be identified and 60-100 hours $18/hour o documented in the facility use agreement(lease)with 101+hours $17/hour Subject to applicable tax,and 2%platform the Lessee. Kitchen User fees. (Lessee) Membership for use between 7pm and 7am*: Subject to availability and approval by the County. $17/hour=$136.00 for 8 hours,payable on the fifth May be subject to additional fees and fines (5th)day of each month. for unscheduled kitchen time.Billable Reservations are processed through The Food Corridor kitchen use hours shall be confirmed with platform. All packages are charged a platform fee *50%fee reduction for non-profit and governmental surveillance equipment and the logged key from The Food Corridor for all your billing, organizations that provide services to the citizens of the card swipes. scheduling,and advertisement:2%ACH,2%cash, County for use offacility only between 7pm and 7am on any day or between 7am and 11 am on Wednesdays.Reduction checks,money orders. limited to a max of 2 hours per week. 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. $250.00 security deposit Production Space Rental $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 availabilityand 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/ $80.00 per month for double door customary use. Freezer Unitscooler/freezer Each single door$10.00/month 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. Safety and Sanitation are of upmost importance. $60.00 fine per occurrence if any dishes,pots,or pans Lessees are also expected to properly clean and are left in the sink after a scheduled shift 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. Kitchen User key card fee Production Space Use $12.00 per hour $250.00 security deposit Subject to availability and approval by the County. by Food Truck(Lessee) Subject to cancellation and cleaning fine. Subject to applicable tax. $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 91 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 Subject to availability and approval by the County.A n/a Improper use of a parking space without County parking space lease may be provided if there is authorization may result in the towing of a vehicle. 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.