ORDER NO. 30563 CONTRACT, POLICIES AND PROCEDURES AND LIST OF ORGANIZATION TO RECEIVE DISCOUNTS AT THE HILL COUNTRY YOUTH EXHIBIT CENTER Came to be heard this the 8th day of October, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously approved by vote of 3-0-0 to: Approve the Kerr County Facilities Booking Rental Policy, as amended today, the Hill Country Youth Exhibit Center and Union Church User Agreement, the Hill Country Youth Exhibit Center Reservation and Event Information Form, and the list ofNon-Profits to get free use of the Hill Country Youth Exhibit Center. 3~ 5 (0 3 ~~ ~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Comm. Letz, Pct. 3 / Comm. Oehler, Pct 4 MEETING DATE: October 8, 2007 OFFICE: County Commissioner TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve the new contract, policies and procedures, the list of organizations which receive discounts at the Hill County Youth Exhibit Center. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, Pct. 3 / Comm. Oehler, Pct. 4 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL. MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. KERB COUNTY FACILITIES BOOKING & RENTAL POLICY The Hill Country Youth Exhibit Center and the Union Church are public event facilities owned and managed by Kerr County. These facilities are made available on a first requested basis for any lawful event that meets acceptable community standards. Rules affecting rental of county property are herein stated. 1. A rental contract between Kerr County and lessee is a legal document issued on a "first request basis." It is valid only when signed by the lessee and the Kerr County Booking Agent or authorized designee. A contract will not be validated by Kerr County without proper deposit or payment in full within 5 working days of reserving a facility, as noted in the contract. 2. Contracts will be issued on an "as need" basis. Contracts for local events or events requiring short term notice to participants may be issued up to one year in advance. Consecutive multiple-day events requiring long-term notice, such as conventions, livestock shows, horse, or cattle shows, trade shows, rodeos, or other events that may be sponsored by a national organization, may receive contracts up to three years in advance. 3. No date may be held without a contract and deposit. "Tenured" events, those events that have used the facilities for two or more years, are allowed to have first option on the same dates h~~x.-tlY~e~ ~r ~co~ rfli~ of a used by request of the lessee ~ or by Galen ar^,the Booking Agen i~te~vary ng circumstances and t13at-i'G+- 2 1_ decision will be final. ~'*~j ~~+- -~ t~G..,.. 4. A lessee utilizing the facility for more than two (2) events per year may be offered a "multiple date contract." All dates that are reserved within the same calendar year can be held with one deposit. The deposit will be applied to the last event of the calendar year. However, if the lessee drops one of the dates, Kerr County will apply the deposit to the cancelled date, and request deposits for any or all future datest~. ~y 5. Except for "multiple-date" users, deposits are due with tl reservation. The amount due is an amount equal to one-half the total rental for th achy to be used. All other fees are collected within the dates of the event as specified within the contract. The balance due for rental is payable not less than twenty-one (21) working days before the event. Governmental entities may secure their reservations with a Purchase Order for payment and pay within their normal payment cycle. All other organizations must pay other fees due by the conclusion of their event, or as otherwise might be specified in the contract. 6. Refunds, less a 20% administrative fee, will be given without question if the cancellation is six or more months prior to the scheduled event. No refund will be made for any cancellation made later than 6 months before the event. KERB COUNTY FACILITIES BOOKING & RENTAL POLICY The Hill Country Youth Exhibit Center and the Union Church are public event facilities owned and managed by Kerr County. These facilities are made available on a first requested basis for any lawful event that meets acceptable community standards. Rules affecting rental of county property are herein stated. 1. A rental contract between Kerr County and lessee is a legal document issued on a "first request basis." It is valid only when signed by the lessee and the Kerr County Booking Agent or authorized designee. A contract will not be validated by Kerr County without proper deposit or payment in full within 5 working days of reserving a facility, as noted in the contract. 2. Contracts will be issued on an "as need" basis. Contracts for local events or events requiring short term notice to participants may be issued up to one year in advance. Consecutive multiple-day events requiring long-term notice, such as conventions, livestock shows, horse, or cattle shows, trade shows, rodeos, or other events that may be sponsored by a national organization, may receive contracts up to three years in advance. 3. No date may be held without a contract and deposit. "Tenured" events, those events that have used the facilities for two or more years, are allowed to have first option on the same dates for the next year. Any conflict of dates caused by request of the lessee or by calendar, the Booking Agent will mediate varying circumstances, and that decision will be final. 4. A lessee utilizing the facility for more than two (2) events per year may be offered a "multiple date contract." All dates that are reserved within the same calendar year can be held with one deposit. The deposit will be applied to the last event of the calendar year. However, if the lessee drops one of the dates, Kerr County will apply the deposit to the cancelled date, and request deposits for any or all future dates. 5. Except for "multiple-date" users, deposits are due with the reservation. The amount due is an amount equal to one-half the total rental for the facility to be used. All other fees are collected within the dates of the event as specified within the contract. The balance due for rental is payable not less than twenty-one (21) working days before the event. Governmental entities may secure their reservations with a Purchase Order for payment and pay within their normal payment cycle. All other organizations must pay other fees due by the conclusion of their event, or as otherwise might be specified in the contract. ,,,,, 6. Refunds, less a 20% administrative fee, will be given without question if the cancellation is six or more months prior to the scheduled event. No refund will be made for any cancellation made later than 6 months before the event. 7. Annual dates for events of the following organizations are hereby established as "protected dates" by order of Kerr County Commissioners' Court: • Hill Country District Junior Livestock Show in January and fundraiser in the month of September. • Texas State Arts and Crafts Fair during the Memorial Day weekend. • Extension and 4-H events as scheduled by the Kerr County Extension Office. These dates must be established each year in January by the Kerr County Extension Office. • Kerr County Fair Association in the month of October. 8. To qualify for the "Not-for-Profit" rental rate, organizations must present, or have on file with the Booking Agent a current Internal Revenue Service (IRS) SOlc(3) or (6) designation. Qualifying as a "Not-for-Profit" organization does not automatically mean the organization is exempt from charges; it merely means the organization qualifies to be placed on the "Not-for-Profit" list to be considered by the Commissioners' Court for a reduced rate. A current list of organizations that have been approved for a reduced rate can be found on the Kerr County website at w~~°.co.kerr.tx.us. Reduced rates will apply only to the base rental rate for the Indoor Arena, Outdoor Arena, Exhibit Hall, Polo Field and the use of the Grounds. The discount does not apply to the rental of chairs, tables, concession stand etc., unless approved by the Commissioners' Court. 9. Rental rates may, from time to time, be adjusted by order of Kerr County Commissioners' Court. The current rate schedule is listed on the Kerr County website at wti~-~v.co.kerr.tx.us . 10. Proof of current Comprehensive Commercial General Liability Insurance coverage for bodily injury, death, and property damage with limits of at least $500,000 Per Occurrence / $1,000,000 General Aggregate is required for all events scheduled at Kerr County facilities, naming Lessor and Lessee as insured parties under said policy. At least 10 working days before an event, a copy of such proof of insurance including a copy of a paid receipt for premium showing the effective dates of coverage must be on file with the Booking Agent. 11. For free use of a Kerr County Facility, the event must be: • An event(s) sponsored by the Hill Country District Livestock Show in the months of January and September; • Extension and 4-H events scheduled in January of each year by the Kerr County Extension Office; • Kerr County Fair Association annual County Fair; • A legally specified County duty, i.e., voting, condemnation, etc.; • Official Kerr County business as ordered by Commissioners' Court; • Other events held by County Elected Officials or Departments requesting free use requires advance approval of Commissioners' Court, and may not be scheduled more than 45 days before the event with the exception of a lawfully scheduled election. Exceptions to this policy will be allowed only if Commissioners' Court grants prior approval. 12. Prohibited Events are as follows: • Stand-alone dances billed as "open to the public." • Dances, parties, "mixers" and initiations held by social fraternity or sorority organizations. • Events not conforming to accepted community standards or any event that is scheduled that uses untrue or misleading information provided by the Lessee. 13. Alcohol Policy is as follows: Alcohol may be sold and/or served providing all Texas Alcohol and Beverage Control (TABC) laws and policies are adhered to, and the permit conspicuously posted. Additionally, the following rules also apply to the service of alcohol: • Bottled beer and/or wine coolers must be served in plastic or stryrofoam cups. • The service of alcohol requires the presence of peace officers and this expense shall be borne by the Lessee. • Liquor liability insurance must be obtained, at an additional cost to the Lessee, if alcohol is being sold at the event. 14. Catering Deposits. All caterers (food and beverage) doing business at the HCYEC shall be required to have a $100 deposit on file with the Booking Agent not less than ten (10) days prior to the event which will be used to cover any required clean-up which the caterer fails to perform, or as partial satisfaction for any damages occurring. Any HCYEC space and/or property used by caterers and bartenders must be left in the condition it was found on arrival. Cooking on the premises is allowed only with prior approval of the Booking Agent. 15. Equipment Rental. Tables, chairs, electrical hook-ups, and horse stalls are available for rental only for on-premises use, unless otherwise authorized by Commissioners' Court. This includes River Star Arts and Events Park. The rental rates are included in the current rental fee schedule. In the event Kerr County does not have adequate equipment suitable to the proposed use or to meet the needs of the Lessee, such equipment will be provided by the Lessee at their expense. Kerr County shall not be responsible in any manner for the care and keeping of Lessee's equipment. 16. Set up and Take down fees. A fee of $300.00 will be charged the Lessee for setting up or taking down the facility after the scheduled event. Major changes, after the initial set up, will incur an additional charge of $150.00. 17. Decorations. The Lessee is responsible for their own safety and the safety of others associated with their event during the installation, display and removal of all decorations. Other rules that apply are: • Decorations causing damage to floors, walls or other surfaces or structures are not permitted. This includes the application of tape, tacks, nails staples, etc. The Booking Agent will advise the type of tape that may be used. A decoration plan must be pre-approved by the Booking Agent before decorating can begin. • Use of ceiling structures requires prior approval of the Booking Agent. • Use of water in decorations is allowed only by special arrangement and requires an additional $100 deposit. • Candles may be used for decoration, but must be secured in an appropriate container. • Glitter and/or confetti are not permitted for use at an event. 18. Security. For any event that will utilize the facility after 9:00 PM or where alcohol is being served, Lessee shall provide at least one peace officer for security for each 100 persons in attendance, but in no event shall Lessee provide fewer than two (2) peace officers. 19. Access to the facility. Keys to the facility will not be given out to parties renting the facility. In the event that access is needed, prior to the rental date, the following rules will apply: • Access will not be granted if it conflicts with any previously scheduled event. • The Lessee shall reimburse Kerr County for any incurred costs due to labor or overt-time paid to employees. The minimum fee will be $25.00. 20. Available Hours for events. • Hill Country Youth Exhibit Center and Arena: 7 a.m. to 11 p.m., Sunday through Thursday; 7 a.m. to midnight, Friday and Saturday. • The Union Church: 8 a.m. to 11 p.m. Sunday through Saturday. • Any event that exceeds the established hours of rental for a single day will be charged at the hourly rate for such additional time used. NOTE: OTHER PROVISIONS GOVERN THE USE OF COUNTY FACILITIES. PLEASE READ CAREFULLY THE LEASE AGREEMENT, AS LESSEE WILL BE RESPONSIBLE FOR ADHERENCE TO THESE PROVISIONS. ADOPTED BY KERR COUNTY COMMISSIONERS' COURT, October 8, 2007. HILL COUNTRY YOUTH EXHIBIT CENTER AND UNION CHURCH USER AGREEMENT Parties• Lessor: Kerr County, Texas Attn: Kerr County Judge 700 Main Street, Suite 101 Kerrville, Texas 78028 Lessee: (Name of Responsible Party) (Organization) (Address) (City, State, Zip Code) Term• This Agreement shall be effective for the dates and times reflected in the attached "Reservation and Event Information Form" (Exhibit A). Premises• The area(s) of the Hill Country Youth Exhibition Center ("Center") or Union Church ("Church") designated in the attached Exhibit A shall be reserved for the exclusive use by Lessee during the time period(s) listed therein, under the conditions contained in said Exhibit. By entering into this Agreement, Lessee agrees to abide by the conditions contained in this Exhibit. Consideration: Lessee agrees to pay to the Kerr County Treasurer the sum(s) as reflected in the attached Exhibit for use of the identified areas of the Center during the date(s) and time(s) indicated therein. All amounts must be paid by check, money order or bank draft; cash will not be accepted. All amounts shall be mailed or delivered to: Kerr County Treasurer, 700 Main Street, Suite CB-103D, Kerrville, Texas 78028 Reservations• After Lessee submits a completed "Reservation and Event Information Form," the date(s) agreed upon for the lease period wilt be held for 5 working days. A deposit of 50% of the total lease amount must be made within five (5) working days of submission of the form, unless otherwise agreed in writing between Lessor and Lessee at the time of reservation. If such payment is not made, the dates will thereafter be available to the public for reservation. Failure of Lessee to pay the remaining balance due on or before twenty-one (21) working days before the event will result in cancellation of the event by Lessor, with Lessee being responsible for any and all direct or indirect costs resulting from such cancellation. A Lessee may reserve up to 4 dates within a 12-month period by paying one deposit. Reservation of any '`~"" date(s) more than 12 months from the date of reservation may be made by payment of anon-refundable deposit of $500.00 for each date reserved. Insurance At least ten (10) working days prior to the planned use of the Center, Lessee shall provide Lessor with an ACORD~" Certificate of Insurance evidencing Lessee has Comprehensive Commercial General Liability insurance coverage for bodily injury, death, and property damage limits of at least $500,000.00 Per Occurrence / $1,000,000.00 General Aggregate, naming Lessor and Lessee as insured parties under said policy (without condition or cost to Lessor). For any event where alcohol will be served, Lessee must also provide liquor liability insurance coverage with minimum limits of $500,00.00 per occurrence / $1,000,000.00 General Aggregate naming Lessor as an Additional Insured. Coverage shall be provided by carriers admitted to do business in the State of Texas as either "Admitted" or accepted Excess Surplus Lines carriers. Insurance shall be in a form and substance satisfactory to Lessor. All carriers must have an "A-" or better, A.M. Best rating. Security: Lessee agrees to provide sufficient security during the lease term to maintain law and order and to protect the safety and security of all attendees. For any event that will utilize the leased facility after 9:00 p.m. or where liquor is to be served, Lessee shall provide at least one licensed peace officer for security for each 100 persons in attendance, but in no event shall there be fewer than two security officers for any event requiring security, unless otherwise agreed to in writing between the parties. It is Lesee's responsibility to arrange for and pay the required security personnel, and to provide Lessor with proof that such services have been arranged. Such security personnel shall be deemed independent contractors for purposes of this agreement and shall operate under the direction and control of Lessee during any event. Failure to comply with the requirement to provide security personnel will result in immediate suspension or cancellation of the event with no refund. Property Damage: Lessee shall be responsible for and agrees to pay Lessor for any and all costs of repair or replacement of property damaged or destroyed by Lessee, its agents, representatives, employees or invitees. 2 Lessee's Personal Property: Lessor shalt not be responsible for loss or damage to personal `'` property belonging to Lessee, its agents, representatives, employees or invitees. Right of Entry: Lessor retains the right to enter the leased premises at all times. Emer~ency Contact: If any emergency relating to use of the facility arises outside of regular business hours that requires contacting Lessor, the following telephone number should be used to contact the maintenance personnel on call: 830/459-4874. Assi ~n m ent/Sublease: Lessee may not assign or sublease under this Agreement without the express written permission of Lessor. Indemnity Lessee agrees to indemnify and hold Lessor harmless from any and all claims or liability for damages to any person or persons for personal injuries or death or loss or damage to property occasioned by or in connection with the use of the leased premises caused by any source whatsoever. Lessee hereby assumes full responsibility for the acts, conduct, or omissions of all persons admitted to the leased premises by Lessee, its agents, representatives, or employees during the lease term. Entire Agreement: This Agreement constitutes the complete and entire agreement between the parties hereto, and supersedes any other written or oral agreements, promises or representations made by either party. Severability: If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent be found invalid or unenforceable, the remainder of this Agreement or application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each other term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted buy law. Modification 3 No modification of this Agreement shall be of any force or effect unless made in writing, attached hereto, and executed by Lessor and `'"~ Lessee. Choice of Law and Forum: This Agreement shall be governed, construed, and interpreted under the taws of the State of Texas. Kerr County, Texas, shalt be the proper forum for resolving any and all disputes arising from or under this Agreement. Observance of Laws and Court Orders: Lessee, its agents, representatives, employees and invitees shall comply with all laws of this state and of the United States, and all local rules and ordinances, including but not limited to all applicable rules, court orders, and laws relating to the health, registration and vaccination of animals, and all local and state fire code regulations. Taxes• Lessee shall collect all applicable taxes on sales of tickets and/or other items and shall remit the amounts to the proper authority as required by law. Cancellation: Lessee shall receive a full refund, less a 20% administrative fee, if ~""" Lessor receives notice of such cancellation at least 6 months prior to the date scheduled. No refund shall be made for any cancellation made later than 6 months before the event. Signed and agreed to on this day of , 20 Lessor (Authorized Agent) Lessee (Authorized Agent) 4 Hill County Youth Exhibition Center Reservation and Event Information Form GL 10-370-400 -E. H. 3805 State Hwy. 27 East, Kerrville, TX 78028 (830) 792-2211 GL 10-370-450 - U. C. ``r cmergency ~omacr: ta.su) 4oa-4ai4 Name /Organization Name Date Contact Person Address City State Zip Phone Number Cell Number Fax Number Secondary Contact Address City State TX Zip Phone Number Cell Number Fax Number Commercial XX Non Commercial Not-for-Profit Must have current IRS 501c(3) or approved designation on file with Facilities Use Department Reservation Dates Reservation Day(s) Monday Tuesday Wednesday Thursday Friday Saturday Sunday Mark Days Concession Needed Caterer Concession Security Event Times Start Finish Decorating Time Start Finish Security Reserved Yes Insurance coverage verified Yes ALL RENTALS FEES ARE PER DAY Facilities Needed OuantitV FIYPfi Cnst Total Additional NntPS Sactinn ~11r~-' Indoor Arena* 1 2 3 da 0 $500.00 $0.00 $0.00 1/2 Da Rental 4 hrs 0 $250.00 $0.00 $0.00 12:00 AM - 6:00 AM /hour 0 $100.00 $0.00 $0.00 Exhibit Hall* 0 ' $350.00 $0.00 $0.00 12:00 AM - 6:00 AM /hour 0 $50.00 $0.00 $0.00 Outdoor Arena* 0 $250.00 $0.00 $0.00 12:00 AM - 6:00 AM /hour 0 $50.00 $0.00 $0.00 Polo Field* 0 $500.00 $0.00 $0.00 12:00 AM - 6:00 AM /hour 0 $50.00 $0.00 $0.00 Grounds* Arkin lot 0 $200.00 $0.00 $0.00 12:00 AM - 6:00 AM /hour 0 $50.00 $0.00 $0.00 Concession Stand 0 $100.00 $0.00 $0.00 12:00 AM - 6:00 AM /hour 0 $25.00 $0.00 $0.00 Horse Stall (per stall day or night) 0 $10.00 $0.00 $0.00 Set-U /Take-Down Fee 0 $300.00 $0.00 $0.00 Tables 0 $4.00 $0.00 $0.00 Chairs 0 $0.75 $0.00 $0.00 Electrical Hooku s 0 $50.00 $0.00 $0.00 Food Vendor Fee 0 $100.00 $0.00 $0.00 Co ies each 0' $0.20 $0.00 $0.00 Fax each 0 $2.00 $0.00 $0.00 Bar-B-Que Pit 0 $100.00 $0.00 $0.00 can p eposi (refundable) 0 $300.00 $0.00 $0.00 Approved by Commissioners Court 0.00% *Indicates fees that are subject to discounts -upon approval of Commissioners' Court DEPOSIT Date Recd Amt Recd: Recd By: PAYMENT Date Recd Amt Recd: Recd By: PAYMENT Date Recd Amt Recd Recd By: Mail payment to: Kerr County Treasurer, 700 Main Street, Room CB103D Kerrville, TX 78028 Make checks payable to Kerr County Treasurer -please reference event date on the check. SIGNATURE DATE LIST USED PREVIOUSLY (FOR DISCOUNTS) Organi: LC LC LC LC LC LC LC LC LC LC LC LC LC LC LC LC LC LC LC C C C C C ~` C C C C C C C C C NP - NP NP NP NP NP NP NP NP NP NP NP rations Event History (Order 27353) Heart of the Hills Goat Sale Hifl Country Meat Goat Producers Sale HLRS Angora Goat Sale Original Team Roping Association Legends Lamb Sale Texas Gun and Knife Show Thousand Hills Cowboy Church Team Roping Rotary Club Fish Fry Cowboy and Indian Art Show Kerr County Swine Breeders Sale Chamber of Commerce Business Expo NBHA Barrel Race City of Kerrville Annual Meeting Hill Country Home Builders Association Show KRVL Dance Soil and Water Conservation Fish Sale Center Point High School Prom Hill County Agility Dog Show Summer's Best Goat Sale Rambouillett Sheep Breeders Association Show Diamond of the West Sale Pipeline Group Convention Shrine Circus Central Texas Cutting Horse Association San Antonio Area Miniature Horse Club U.S. Team Penning National Jr. Boer Goat Association Show Lonestar Boer Goat Sale Thunder in the Hills Motorcycle Rally International Arabian Cutting Association American Boer Goat Association American Meat Goat Association 4D Boer Goat Sale Hill County Community Service Garage Sale Hill Country District Jr. Livestock Fundraiser Law Enforcement Youth Awareness Fireman Appreciation Dinner Kerr County Fair Kerr County Fair Appreciation Dinner Hill Country Meat Goat Producers Gathering Mounted Peace Officers Wild Game Dinner Senior Games Banquet KISD Teacher Appreciation Banquet Family Outreach Garage Sale Sherriffs Department Police Academy Banquet PROPOSED NEW LIST TO BE USED Organizations allowed to use HCYEC facilites free of charge*" NP Hill County Community Service Garage Sale NP Hill Country District Jr. Livestock Fundraiser NP Law Enforcement Youth Awareness NP Fireman Appreciation Dinner NP Kerr County Fair NP Kerr County Fair Appreciation Dinner NP Hill Country Meat Goat Producers Gathering NP Mounted Peace Officers Wild Game Dinner NP Senior Games Banquet NP KISD Teacher Appreciation Banquet NP Family Outreach Garage Sale NP Sherriffs Department Police Academy Banquet *'`Free of charge applies only to the base rental of the facility. Rental of the tables, chairs, concession stand etc. will be charged at the regular rates. Those organizations not listed above will need to submit their request for fee reductions directly to the Commissioners' Court.