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Home My WebLink AboutR-2018-110 The City, Establishing A Fee Schedule For Rentals, Vendors, And Professional Photography For The People's Access To Community Horticulture (''PATCH'') Urban Farm And Market. RESOLUTION NO. 2018-110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING A FEE SCHEDULE FOR RENTALS, VENDORS, AND PROFESSIONAL PHOTOGRAPHY FOR THE PEOPLE'S ACCESS TO COMMUNITY HORTICULTURE ("PATCH") URBAN FARM AND MARKET; PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, is authorized by State law to enact user fees commensurate with the cost to the City of providing services, in such amounts as are necessary for the conduct of municipal government and affairs; and WHEREAS, the City Commission of the City of Dania Beach ("City Commission") finds it periodically necessary to adopt procedures and policies to implement municipal goals and objectives; and WHEREAS, in 2013, the Dania Beach Community Redevelopment Agency ("CRA"), received a grant from the Broward Regional Health Planning Council to develop a community garden program called the Dania Beach People Access to Community Horticulture ("PATCH") on a 1.6 acre vacant parcel owned by the City and operated and managed by the Dania Beach Community Redevelopment Agency("CRA"); and WHEREAS, the purpose of the PATCH program is to facilitate meaningful connections between all residents of the community, including gardeners, educators, students and researchers on things pertaining to market and community gardens while providing opportunities to cultivate friendships, strengthen neighborhoods, improve nutrition, and enjoy recreational and therapeutic activities; and WHEREAS, in 2014, the City received Two Hundred Forty Two Thousand Dollars ($242,000.00) in Community Development Block Grant(CDBG) funds from Broward County to construct a roofed pavilion at the PATCH; and WHEREAS, on February 12, 2014, as part of the agreement to waive Fifty One Thousand Two Hundred Forty Five Dollars ($51,245.00) for Broward County impact/concurrency fees associated with the construction of the roofed pavilion at the PATCH, the City Commission approved Resolution No. 2014-006 that restricted the use of the PATCH so that it is not used as marketplace or similar use from Monday to Friday between 4:00 p.m. and 6:00 p.m. and restricted the use of the PATCH for exclusively ancillary uses associated with the PATCH; and WHEREAS, since 2014, the PATCH has steadily grown and serves consumers beyond the immediate community by operating Monday through Friday from 7:00 a.m. to 11:00 a.m. and on Saturday from 9:00 a.m. to 1:00 p.m. with market sales, educational workshops, children's activities, and crafts occurring every 3rd Saturday of the month and at other times; and WHEREAS, in an effort to improve accessibility to the PATCH, the CRA proposes to rent the PATCH Pavilion to individuals or organizations to provide the ancillary purpose of building awareness of the PATCH through health, nutrition and gardening practices for a fee, similar to the City's policies and procedures for rental of public park facilities; and WHEREAS, the City Commission recognizes the need to improve accessibility to the PATCH; and WHEREAS, the City Commission has determined that the creation of a fee schedule for pavilion rentals, vendors, and professional photography is necessary and appropriate to sustain and promote the PATCH; and WHEREAS, City staff recommends approval of the proposed fee schedule for pavilion rentals, vendors, and professional photography at the PATCH; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That a fee schedule for pavilion rentals, vendors, and professional photography for the Dania Beach People's Access to Community Horticulture (PATCH) Urban and Farm Market is hereby adopted as listed in Exhibit "A", a copy of which is attached to and incorporated into this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. That this Resolution shall take effect immediately upon City Commission adoption. 2 RESOLUTION#2018-110 PASSED and ADOPTED on August 28, 2018. ATTEST: g�C o� y Yi�� THOMAS SCHNEIDER, CM M AMA RA JAME CITY CLERK YOR ZZ, �gQtIs APPROVED AST O AND CORRECTNESS: N N THOMASabR ly CITY AT ORNE. 3 RESOLUTION#2018-110 Exhibit"A" "PATCH" Rental Rates Rates Monday through Thursday • Resident/Non-Profit Rate - $55.00 per hour, minimum of 3 hours • Non Resident Rates - $70.00 per hour, minimum of 3 hours • $300.00 refundable security deposit • $50.00 non-refundable cleaning fee • A 6% Florida Sales Tax will be applied to the total hourly rate Friday through Sunday • Resident/Non-Profit Rate- $75.00 per hour, minimum of 3 hours • Non Resident Rates - $95.00 per hour, minimum of 3 hours • $300.00 refundable security deposit • $50.00 non-refundable cleaning fee • A 6%Florida Sales Tax will be applied to the total hourly rate Items included in Rental Rates All rentals include the following: • access to two (2)portable restrooms and one (1) ADA portable restroom; • access to up to twenty (20)parking spaces; • access to electricity and potable water; and • one (1) staff member for the duration of the event Rentals Miscellaneous • All rentals include an educational component provided by PATCH staff to build awareness of health, nutrition and gardening practices. • All rentals are subject to weather conditions. In the event of a hurricane or named tropical storm during the scheduled event, the CRA will issue a full refund to the applicant.No other refunds or reimbursements will be considered. • To comply with the City's Noise Ordinance (Sec. 17-86), all outdoor music from the event must discontinue by 10:00 p.m. • A certificate of liability insurance is required for all events incorporating alcohol. For events that hire a bartender to mix and serve the alcohol, the bartender must provide the CRA a copy of their liability insurance. For events that will self-mix and serve alcohol, the applicant of the event will need to provide a copy of the liability insurance to the CRA. For all events, the use of alcohol must be first approved by the CRA. • All events must operate outside of the normal operating hours of the PATCH. • Tables and chairs are available for rent directly through third party rental companies subject to approval by the CRA. • All bounce house rentals must be approved by the CRA. 4 RESOLUTION#2018-110 • Civic associations are permitted to request use of the PATCH 2 times per calendar year(max 3 hours each). • Maximum occupancy 200 people. • Events with more than 50 people (including staff) must have an approved alternate parking plan. • Events with more than 150 people (including staff) must provide one (1) additional portable restroom and a security personnel approved by the CRA. Security will be provided by the applicant at their own expense. • Evening events may be required to provide additional lighting and security at their own expense. • Depending on the nature and/or time of the event, the CRA has the right to impose additional requirements to ensure the safety of attendees, residents and protection of the PATCH garden. • CRA staff reserves the right to refuse any request for pavilion rentals that would conflict with other planned events in the area or that have potential to be disruptive to area residents. • All rentals would be approved administratively and would be supervised by PATCH staff. • Events requiring a Special Event Permit must be applied for by the applicant and approved by the Dania Beach City Commission. • A 50% rental deposit is due at time of contract with remaining balance due 60 days before rental date. • There is a$300.00 refundable security deposit due 60 days before rental date. • Rental rates are subject to the applicable 6% sales tax. • Set up and clean up times are included in rental time period. • No rentals will be permitted beyond 10:00 p.m. Vendor Rates Outside vendors are permitted to sell/display items at the PATCH based on the following: • all vendors and items for sale must be approved by the CRA; • all vendors must submit the required vendor and hold harmless agreements; • all vendors are required to pay a vendor's fee of$25 per appearance; • all vendors must operate during the normal operating hours of the PATCH and vendors must get approved by the CRA to operate beyond the normal operating hours; • CRA reserves the right to prohibit the sale of any item; and • CRA may waive the vendor fee local non-profits. Visitor(Amateur) Photography Visitors to the PATCH Pavilion are permitted to take photographs and shoot videos for personal use. • Tripods are allowed as long as they are not interfering with paths or walkways. • Personal photographs and videos are not to be used for commercial purposes. • Use of lamps, reflector shades, or change of outfits, constitutes Professional Photography (see below). 5 RESOLUTION#2018-110 Professional Photography Portrait photography and photographers taking photos for commercial reproduction, sale, and non-educational purposes are subject to certain rules and restrictions. • Cost for Professional photography and photoshoots are $50 for admission for one photographer and a party up to 4 people for 2 hours. • Professional photography must be scheduled during PATCH operational hours. • Reservations will be required. • This charge is not incurred with event rentals at the PATCH Pavilion. 6 RESOLUTION 42018-110