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CC Resolution No. 1876 63 RESOLUTION NO. 1876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY OF BAYTOWN'S CO-SPONSORSHIP OF THE UNCLE SAM JAM FESTIVAL ON SEPTEMBER 2, 2007, AT BAYLAND ISLAND BENEFITING HELPING A HERO.ORG BY WAIVING CERTAIN FEES ASSOCIATED WITH THE EQUIPMENT FURNISHED BY THE CITY'S PARKS AND RECREATION DEPARTMENT; SUBJECT TO THE TERMS AND CONDITIONS OF THE BAYLAND PARK AND WATERFRONT SPECIAL USE PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Uncle Sam Jam Festival at Bayland Island is scheduled for September 2, 2007, which festival shall benefit Helping a Hero.Org, a non-profit organization created to provide a simple mechanism for individuals and corporations to help provide emotional and financial support for our severely wounded/disabled War on Terror veterans and their families; and WHEREAS, Helping a Hero.Org has applied for and received a Bayland Park and Waterfront Special Use Permit specifying the terms and conditions by which it must abide throughout the event, including setup and cleanup; and WHEREAS, Helping a Hero.Org has requested that the City waive the fees associated with the following equipment furnished by the City: No. Description Quantity Unit Price Extended Price 1 Tents(20' x 30') 2 $200.00 $400.00 nt 2 Tes(10' x 10') 2 $100.00 $200.00 3 Bleachers 4 $50.00 $200.00 4 Portable Stage(20' x 30') 1 $200. 0 -$200.00 TOTAL $1,000.00 WHEREAS, the City Council desires to co-sponsor the event through waiving the equipment fees associated with the above-referenced items; provided all deposits therefor are paid in full; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City of Baytown's co-sponsorship of the Uncle Sam Jam Festival on September 2, 2007, at Bayland Island benefiting Helping a Hero.Org by waiving the fees enumerated in the recitals hereof associated with the equipment furnished by the City's Parks and Recreation Department; subject to the payment of all appropriate deposits for such equipment and subject to all other terms and conditions of the Bayland Park and Waterfront Special Use Permit, which permit is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 23'd day of August, 2007. ! Ilb _ B NEON CAPETILL , Mayor Pro Tent 64 QLO City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City I mey R-AKarcnAFilesVCity CouncilAResolutions\2007AAugust 23VCoSponsorship4HclpingaHero.doc 2 ,K /r 1 JC r, BAYTOWN PARKS AND RECREATiON Bayland Park and Waterfront SPECIAL USE PERMIT DbSEREQUESTED:SWI&(A,N START TIME- ENC: -ipn.E I EXACTNATUREOFTHEUSE: Gr ER.fvtl TTELD AREA RE^L'ES`E^v: � �il 4- " WAg� TAL#ATTENDING AlC0H0LSERVED: YES_ ^N0 ' EQUIPMENT REQUEST YESi N Name of Applicant_ Wku sakNl J iUt, 1 r1 Street Address: Div: Staler Zip: 1�1C72 home phone: �tl � L2� 'J��C1 Work Phone: Lma1i -ki1� v �cl Driver's License r ID #: unn Jq.g4lCcx® G,���o.C�m My signature below indicates that I have read and understand the Alcohol User Agreement and Park Policies and Procedures, and hereby accept the conditions of the alcohol user agreement, which is attached hereto and incorporated herein for all intents and purposes, and assume responsibility for informing my patrons, guests, licensees, and invitees concerning 'this us r-> tter - G,_ Signatu zct licanf Date --- EQUIPMENT USAGE REQUEST � Please oScle all equip ,jolt requested or the abo A enfibned ever.' �P — �¢v �Ox.t _ 1ry�o� � 1 as;t v200.v0 e lent tun able) Dep- t- , 00 pe ter t� undab e� ( �\t ,-5 ^mil ental Fee r' n0 per` n' en Fee - 550 Dar �l ; wr, LUWNUfv DePosit C i C cr in GBf;le! Depo S100.00 oer bledc,­�r (reiu able �' anteFee S200 00 en I Fee - S50 per ble dud =-dowq re e-down The equipment usaee requests must be approved by the Director of Parks and Recreation, and is based af on avabiiRy of ecuinmen'arc; staff. EXW A GA[I/�ti r LIVE OUTDOOR EVENT PERMIT /'OPENhAIRfVENDOR PERMIT Live outdoor performances. exhibitions, carnivals, or circuses must obtain a Live Oufdoor Exhibition Permit from the City of Baytown Health Department, located at 220 W. Defee. Permittees may be subject to an application fee of S100.00 and S100.00 per day in accordance with Section 42-286 cf the Code of Ordinances, Baytown, Texas, along with inspections by the Fire. Inspection, and Heaitn Departments. Permit must be obtained within two (2) business days prior to the date of the event. All rood vendors must obtain a Temporary Health Permit from the Health Department hin two (2) business days prior to the date of the event. . ... . .. ................. . ...... . ....... . ......... ...... ....... .. ........ ....... FOR OFFICE-USE"ONLY Equipment Usage Request Approved: ti yes nc If YES, indicate the total quantities and total fees to be paid below.) RENTAL FEES Tent(20x30) Deposit Fee: S200.00 flat rate Tens (20x30) P,ental Fee: 5200.00 x � (quantity) _ -q 06 2e- t4 Tent (1Ox10) Deposit Fee: $100.00 flat rate -P,:�C�-D clap- Tant (10x10) Rental Fee S100.00 x �� (quantity) =0� Stage (20x30) Deposit Fee: 5200.00 flat rase Stage (20x30) Rental Fee: S200.00 x ( (quantity's = '300 � (CCU 64 Bleacher Deposit Fee: 550.00 flat rate Ckeo �C Bleacher Rental Fee $50.00 x �' _ (quantity) _ (�-u-J TOT 4L FEES; , i APPROVAL OFSPEC'IAL>USE`RERMIT. Signed Od issued this the dayof t il� 20 L irector of Pal Recreation Signature BAYTOWN PARKS AND RECREATION Bayland Park and Waterfront CITY ORDINANCE SECTION 70.8. ALCOHOLIC BEVERAGES It shall be unlawful for any person to possess or consume alcoholic beverages in city parks except at Bayland Park, and there only at times and under conditions and requirements designated by the director of parks and recreation in consultation with the city manager and other city staff. ALCOHOL USER AGREEMENT The City prohibits possession, use or consumption of any alcoholic beverages in City parks and park facilities (including adjacent parking lots) unless a person or group has been issued a permit. Reservations for activities where alcoholic beverages are proposed to be possessed, consumed, sold or otherwise permitted must meet the following requirements: The Reservation Form and Special Event Indemnity Form have been completed and by the Permittee and approved by the City Attorney. The consumption of alcohol is limited to within the confines of the permitted area, no one, except as expressly provided herein, may leave or enter the area with any kind of alcohol. No participant may leave the permitted area, for any reason, with a cup, can or other container or be allowed to bring in any container, such as coolers, cans, bottles,glasses, etc. Certified peace officers, provided by either the Baytown Police Department or the Harris County Constables Office, Precinct 2, as approved by the Director of Parks and Recreation (the "Director'), will be required at the expense of the Permittee. The number of officers will be determined by the Director, in consultation with the Baytown Chief of Police. Generally, one (1) officer will be required per 100 people when alcohol is being dispensed. Fees forthe certified peace officers must be paid in cash for the entire hours reserved for the function, prior to the event start time. If the payment for security services is not paid in cash at the event before the same starts, the permit for the event shall be considered null and void, and the event shall be automatically cancelled and any advanced payments for the event will be forfeited. The certified peace officers will be informed in advance about whether events have been issued alcohol permits. The above paragraph shall not prohibit the Permittee from hiring additional security officers should the Permittee feel it necessary. The Permittee understands and agrees that the Permittee shall be solely responsible for the event and the safety of itself, its officers, agents and employees as well as all patrons, guests, licensees, or invitees, or of any other person entering the permitted area. Events, which include the serving of alcoholic beverages, shall be conducted under the laws of the State of Texas and rules and regulations of the Texas Alcoholic beverage commission. Permittees are required to contact the TABC for information regarding such rule and regulations. Any event where a TABC license is required, a copy of the license shall be filed with the Parks and Recreation Department at least 72 hours prior to the event. Cash Bar Beer, wine or liquor can only be served to the Permittee's guest by a private club that maintains a TABC license and obtains a temporary TABC permit to serve alcohol within the permitted area. (This temporary permit can only be issued directly to that private club and not to the sponsor of that event). Charity Functions A temporary three-day TABC license is required for all civic, charitable or religious organizations hosting events where beer products are sold to Permittee's patrons, guests, licensees, or invitees (This temporary permit is issued to the Permittee hosting the event). Alcohol will be permitted only with liquor liability insurance in the amount of$1,000,000. The policy must name the City, it officers, agents and employees as an "Additional Insured" and be on file with the City prior to the reservation date. Confirmation of approved liquor caterer (carries $1,000,000 liquor liability insurance) must be completed at least 10 business days prior to the scheduled event. If the event has a cash bar or is part of a charity function, alcoholic beverages must be dispensed by trained personnel with a caterer or food establishment that hold a current alcohol permit and liquor liability insurance. Permittee's chosen caterer must contact the Baytown Parks & Recreation Department at (281) 420-6598 in order to confirm the use of alcohol at your event. Sales of alcoholic beverages shall be managed through a ticket sales location remote from the alcohol dispensing area. Dispensing of alcoholic beverages shall be suspended at least one (1) hour prior to the scheduled end time of the event. Alternative non-alcoholic beverages must be available on-site, in close proximity to the alcohol dispensing area, and a food function or food concessions must be included during the entire event time. PLEASE NOTE: Failure of Permittee to meet the above requirements will result in the cancellation of the event, and any deposits and fees paid will not be refunded. PARK POLICIES AND PROCEDURES Reservation Information 1. All reservations must be made through the Parks and Recreation Department Office between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays. 2. The Baytown Park Facilities shall be available for rental: • Monday through Thursday from 6:00 a.m. to 10:00 p.m. • Friday through Saturday from 6:00 a.m. to 10:00 p.m. • Sunday 12:00 p.m. to 8:00 p.m. 3. The Community Center and Gray Center shall not be rented on the following holidays: New Year's Day, Martin Luther King Day, Good Friday, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. The Pavilions will be available for rental on every day of the year. 4. Permittee must be at least 18 years of age to reserve the Pavilion and must be present at all times during the function or activity. 5. Reservations are on a first come, first serve basis and may be made in person or by phone. All reservations shall require a Reservation and Damage Deposit, which must be paid within two working days of the booking unless a shorter time frame is required. Failure to tender the required Reservation and Damage Deposit within the two-day period shall result in the cancellation of the reservation. The Parks and Recreation Department will reserve the Pavilions, Community Center and Gray Center beginning November 151 for the following year. The amount of the Reservation and Damage Deposit will depend on the room booked. See attached fee schedule for more information on fees. 6. Reservations should include decorating and clean up within the time frame rented. 7 All rental fees are due two weeks prior to rental date. If rental fees are not paid two weeks prior to rental date, then the deposit will be forfeited and the Parks and Recreation Department may rebook the Pavilion, Community Center and/or Gray Center without any further obligation to the person or organization that reserved the Facility. If the reservation is made less than two weeks prior to the rental date, the Reservation and Damage Deposit and all rental fees are due in cash within 24 hours of the reservation. 8. No single activity of special interest shall be permitted to monopolize any Facility. The frequency and usage of a Facility will be at the approval of the Director of Parks and Recreation or his/her designee (hereinafter collectively referred to as the"Director') in order to best serve the interests of the community. 9. The City of Baytown Parks and Recreation Department requires renters to obtain a Special Use Permit for the exclusive use of Bicentennial Park's Amphitheater, Gazebo, and Park, a minimum of sixty (60) days prior to the event date. The following type of activities may not be conducted in the park, unless a permit has been approved by the Director of Parks and Recreation: a) Any organized sporting event b) Any exhibit, dramatic performance, play, motion picture, radio/television broadcast, fair, circus, carnival, musical event, or any similar agent c) Any public meeting, assembly, parade, ceremony, address, speech, political meeting or other gathering d) Any use of a park facility by a group of persons to the exclusion of others e) Any use involving amplified sound 10, The above listed activities will also require Commercial General Liability insurance in the amounts of $1,000,000 for each occurrence. The insurance should list the City of Baytown as additional insured. 11. A Special Use Permit must also be obtained for use or alcohol at Bayland Park and Waterfront. 12. From time to time, and possibly without advance notice, it may be necessary to cancel or postpone and reschedule reservations. Also, it may be necessary to move, sometimes without advance notice, reservations to a different room or facility. However should, for any reason, the City be unable to relocate an event, the City and the Permittee understand and agree that the event shall be cancelled or rescheduled without any liability to the City. If the event is cancelled, the City shall give a full refund to the Permittee. The City will, nevertheless, endeavor to honor reservations made in compliance with this policy. IN THE EVENT OF ANY SUCH CHANGE OR CANCELLATION, THE PERMITTEE, BY THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS POLICY AGREES TO RELEASE, HOLD HARMLESS AND DISCHARGE THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS THE "CITY") FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREFOF FOR ANY DAMAGES OR LOSS THAT IS CAUSED OR ALLEGED TO BE CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH SUCH CHANGE OR CANCELLATION, REGARDLESS OF THE NEGLIGENCE OF THE CITY. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE PERMITTEE AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY PERMITTEE TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. In the event that any action or proceeding is brought against the City by reason of any of the above, Permittee further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. The indemnity provision contained in this Article 10 shall survive expiration or earlier termination of the Permittee's reservation agreement. 13. Permittee by the acceptance of the Pavilion, Community Center and Gray Center reservation assumes all liability and responsibility for injuries, claims, or suits for damages to person or property, of whatever kind or character, whether real or asserted, occurring throughout the term of the reservation, commencing from the reservation of the Pavilion, Community Center and Gray Center, arising out of or by reason of the reservation and/or use of the Pavilion, Community Center, and Gray Center. 14. The Director, in his/her sole discretion, shall determine if security services are needed and the number of security officers required for each event. All security officers must be City of Baytown Police Officers, unless otherwise approved by the Director. Some examples of such events, which require security, include, but are not limited to, evening events, wedding receptions, anniversary parties, quinseaneras, dances, banquets, parties, and large events over 100 guests. Generally, one security officer shall be required for each 100 guests for a minimum of three hours per event. Reservations requiring security services will require a Security Services Deposit of $75.00. In the event that security services are cancelled less than 3 working days in advance with the Parks and Recreation Office, the security deposit will be forfeited by the Permittee and given to the scheduled security officer. If the reservation required more than one security officer, the reservation and damage deposit may also be forfeited to cover the cost of the scheduled officers. The Permittee agrees to pay $25.00 per hour per security officer. Security officers are to be PAID IN CASH on the actual date of the event prior to commencing the event. If the payment for security services is not paid in cash at the event before the same starts, the permit for the event shall be considered null and void, and the event shall be automatically cancelled and all advanced payments for the event will be forfeited. If the event runs over the allotted time, the Permittee shall be obligated to pay the security officers for additional time at a rate of$25.00 per hour. The above paragraph shall not prohibit the Permittee from hiring security officers or additional security officers when the same is not required by the Director. Permittee understands and agrees that the Permittee shall be solely responsible for the event and the safety of Permittee and all Permittees' guests. 15. All reservations must be confirmed with a signed permit by the Parks and Recreation Department representative and the Permittee. 16, The use of the kitchen shall never be assumed to be included in a reservation for the Auditorium or Meeting Room. A separate reservation, deposit and rental fee are required for this area. Kitchenettes are available for use by all Permittees in the facility. No additional deposit or rental fee will be charged for the use of these areas, but no one group may monopolize the use of any kitchenette. 17. Annual Reservations will be accepted from groups on a first come, first serve basis with the calendar year considered from January 1st to December 315t. The Parks and Recreation Department will endeavor to notify persons and groups with annual reservations that during the prior calendar year reserved a room in the Community Center or the Gray Center of the date to renew annual reservations. However the City shall not assume any liability should the City fail to so notify any person or group. No group will be guaranteed a certain room, time or date from year to year. Individuals or groups who wish to make reservations more than one year in advance, but not to exceed two years in advance, must submit a request in writing to the Parks and Recreation Office. The Director of Parks and Recreation will have the sole discretion to grant or deny any such request submitted. Cancellations/Refunds 1. Cancellations must be made in writing and received by the Parks and Recreation Office at least two (2) weeks prior to reservation date in order to receive a full refund of rental fees and deposit. If a cancellation is not received two weeks in advance, the amount equal to the rental fees will be forfeited from the fees paid. The Parks and Recreation Department will refund any remaining balance. 2. The Parks and Recreation Department will promptly deposit all monies received from Permittees. The Parks and Recreation Department will not hold money, delay in depositing checks, or accept any postdated checks. 3. Refunds of a Permittee's deposit will be issued after the event if the facility is cleaned and left in the same or better condition as it was in prior to the event, as determined in the sole discretion of the Director. Refunds take approximately 10 working days to process and mail. All refunds will be made payable to and mailed to the Permittee at the address noted on the reservation permit. 4. At no time shall a Permittee sub-lease or assign its reservation to another person, group or organization. No Permittee shall change or rotate the Permittee's designated hours with another renting party without doing so through the Parks and Recreation Department. General Information 1. Smoking is not permitted in any City Facility. 2. Alcohol Beverages are not permitted in any City Facility by City Ordinance, Parks and Recreation Sec. 70-8, 3. Animals of any kind are not permitted in the Pavilion, Community Center or the Gray Center with the exception of assist dogs trained and in service to a physically impaired or challenged person and police dogs that are part of the City of Baytown's K-9 unit. 4. Additional services which are not normally provided by the Community Center or the Gray Center, such as special sound and lighting equipment, and extra electrical cords or services must be furnished solely by the Permittee who agrees to assume all necessary expenses associated with the additional services. 5. The City of Baytown shall assume no responsibility for any property placed on or in its facilities and/or grounds and is released from any and all liability for loss, injury or damage to persons or property that may be sustained by the use or occupancy of the Pavilions, Community Center or Gray Center. 6. The Permittee assumes all responsibility for all damages to the Pavilion, Community Center or the Gray Center, property, furniture and/or equipment provided by the City to the Permittee, as determined in the sole discretion of the Director. Damage incurred during an event will result in the loss of all or part of the Permittee's Reservation and Damage Deposit and could result in additional charges depending on amount of damage. The amount deducted or charged will be equal to the cost to the City to repair the damage. Damage may jeopardize the Permittee's ability to reserve any of the City's facilities in the future. If the Pavilion, Community Center or the Gray Center has any damages, the Permittee must notify the Building Attendant on duty immediately upon the Permittee's entry into the facility. Failure to do so shall result in the presumption that any damage found at the end of the rental period resulted from the Permittee's use of the Pavilion, Community Center or the Gray Center. 7. All groups and individuals using the Pavilion, Community Center or the Gray Center shall comply with all laws including federal, state and local laws. These laws shall include all city ordinances and all regulations of the City and its departments, which may in any way, affect the rental or use of the Community Center or the Gray Center. 8. Discrimination against any person(s) with regard to race, color, religion, sex, national origin, age, or disability by any group or individual renting the facilities is prohibited. 9. Groups or individuals shall only be permitted to use the area(s) designated on their permit. 10. No groups or individuals shall schedule an event having larger attendance than established occupancy limit of the area rented. 11. All Parks and Recreation equipment shall remain in the Pavilion, Community Center or the Gray Center at all times. 12. Displays, posters and advertisements for events held in the Pavilion, Community Center or the Gray Center must be approved in writing by the Director.All brochures, fliers, or other printed material must be distributed in the confines of the facility the Permittee's has rented. 13. Employees of the City of Baytown shall set-up and breakdown all tables and chairs. No set-up of any Parks and Recreation Department equipment may be done by the Permittee. Parks and Recreation equipment shall not be removed from any facility at any time without prior written approval from the Director. No changes in the setup may be done less than one week prior to the event date. 14. Any person entering the facility improperly attired shall be asked to leave by staff. 15. Unless expressly stated to the contrary in this policy, a violation of this policy shall result in the forfeiture of any deposit or fee paid for a facility reservation and jeopardize the Permittee's ability to reserve any of the City's facilities in the future. Furthermore, nothing contained in this policy shall be construed to limit the City's remedies to recover damages for violations of the policy. Park Facility Clean Up 1. Amplified sound systems are allowed at any Park Facilities, but must not be a disturbance to the surrounding residential area or in violation of the City's noise ordinance 2. Permittee must pick-up all trash and/or garbage from inside Park Facility and the area adjacent to the facility. Trash and/or garbage are to be placed in plastic bags and tied and placed in the proper trash receptacle. Permittee's failure to properly clean the facility at the end of rental may result in loss of all or part of Permittee's reservation and damage deposit. BAYTOWN PARKS AND RECREATION P.O. Box 424 Baytown, Texas 77722.0424 (281)420.6597