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Res 031-2008 3/4/2008 RESOLUTION NO. 31-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE RENTAL OF THE MOBILE STAGE AT A REDUCED RATE TO THE FOUNDERS LIONS CLUB FOR USE DURING THEIR TEXAS OKLAHOMA FAIR SEPTEMBER 17-20, 2008 AT THE MPEC; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Founder Lions Club has requested a reduced rental fee for rental of the Mobile Stage for use during their annual Texas Oklahoma Fair September 17 — 20, 2008 at the MPEC; and WHEREAS, the Founder Lions Club has a special relationship with the City of Wichita Falls regarding the Texas Oklahoma Fair; and WHEREAS, circumstances with this request are exceptional. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Founder Lions Club is hereby granted a reduced rental fee (less accessories) of 77.00 per day of the Mobile Stage for use during its annual Texas Oklahoma Fair September 17 — 20, 2008 at the MPEC. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 4th day of March, 2008. MAYO ATTEST: � . P ' ' �ty Clerk January 30, 2008 Parks & Recreation 600 11 th Si. Room 209 Wichita Falls, TX 76301 RE: Mobile Stage Rental Dear Parks & Recreation Board of Directors: Each year the Wichita Falls Founder Lions Club presents the Texas Oklahoma Fair. Since the MPEC facility has been used for this event, the Founder Lions Club and the City of Wichita Falls have partnered in a revenue sharing azrangement in a tier structured contract in which the City of Wichita Falls benefits from the success of the TO Fair. Simply stated, the more profit we make, the more there is to share with the City of Wichita Falls. Each yeaz the Texas Oklahoma Fair Boazd {a working board of the Founder Lions Club), begins working on ways to upgrade and improve the entertainment venues that are presented at the TO Fair. Some years we bring in paid acts from outside of Wichita Falls along with a combination of local entertainers as well. In recent years, we have begun offering up an event that showcases local bands on the Midway. We have seen the popularity of this event begin to grow as a way of attracting more fairgoers. It has introduced a new segment of patrons which have not been reached in previous years in our marketing efforts. The Texas Oklahoma Fair Boazd has come to realize that an upgrade or better way of showcasing this event is necessary in order for it to grow. The Parks c� Recreation's Mobile Stage has been concluded by the Texas Oklahoma Fair Board to be the necessary staging area that would be needed to help upg�rade and showcase this event. Since the Texas Oklahoma Fair is held on City of Wichita Falls property {MPEC) and the City of Wichita Falls has a vested interest in its success, the Founder Lions Club is respectively requesting the Parks & Recreation Board of Directors to consider a reduction in the rental rates that are normally charged for its use. The Mobile Sta�e v✓ill be needed for four nights, September 17-20, 2008, and will be used &om 6-10 pm each night. We feel like that this will greatly enhance our ability to raise funds which are ultimately donated back into the community for charity. Thank you for your consideration of this request. The Wichita Falls Founder Lions Club looks forwazd to the continued success of the Texas Oklahoma Fair and the great working relationship we have had with the City of Wichita Falls. Sincerely, �. �n�,t�s• � d� �� �%� _ Dr. Frank Rubane Dan Gray Mincey President Founder Lions Club TO Fair Boazd Co-Chair TO Fair Board Co-Chair 322-7169 631-7445 224-9632 PARKS & RECREATION MOBILE STAGE POLICIES Reservations Renter must be a resident of the City of Wichita Falls. The Stage will not be available for rent on the following days: New Year's Eve, New Year's Day, Memorial Day, �ndependence Day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day Rental of the Stage and its accessories cannot be made less than 3 weeks in advance of the event or more than 6 months in advance of the event. The Parks & Recreation Director has the authority to waive the 3-week requirement if it is determined that the reservation process can be executed in less than the 3-week time period. The Stage will be available for rental within the Wichita Falls City limits, only. Planned activities must be approved by Parks & Recreation. The City of Wichita Falls reserves the right to refuse rental of the Stage for any event deemed inappropriate to the best interests of the City or a potential hazard to the unit or its operators. Stage Dimensions & Available Accessories for Rent Staqe dimensions are as follows: ➢ Main stage deck length 36' ➢ Stage depth, deployed 14' ➢ Stage height from ground 48" to 61" (adjustable) ➢ Canopy height from ground 16'-7" @ 48" deck height 17'8" @ 61" deck height ➢ Canopy depth when open 16' ➢ Down stage canopy height from stage floor 12'-4" ➢ Up stage ceiling height from stage floor 7' Accessories available for rent: ➢ Enclosed 7,000-watt generator ➢ Decorative stage skirt ➢ Sound system (20 channel mixer, 2 speakers, 4 microphones, & 2 microphone stands) ➢ Sixteen each, 4'x8', portable stage sections (Do not attach to mobile stage deck) Site Requirements Prior to approval of the Stage rental, the Director of Parks & Recreation or his representative must approve all event sites. Due to the size of the unit and vehicle that pulls it, the following are required: ➢ The unit must be positioned so that it may be placed and hauled away with a minimum amount of backing. ➢ When the stage is open and extended to its fullest, it will fill an area approximately 20' wide, 50' long, and 20' high. ➢ A minimum clearance of 10' must be available behind the stage. ➢ A minimum overhead clearance of 20' is required to open the stage ➢ A minimum clearance of 10' is required at each end of the unit to open the end doors. Rules & Requlations Parks & Recreation Staff is required for: ➢ All set-up (opening) and take down (closing) ➢ Hauling the Stage to and from the site. ➢ Any necessary electrical connections (renter must provide necessary electrical source within 40 feet of the rear of Stage). Stage hydraulics, breaker boxes and all other stage mechanicals and controls will be operated only by Parks & Recreation staff. No alterations may be made to the Stage. Decorations or banners may be attached only through the holes in the canopy ends or to the truss beneath the Stage deck by string or rope, only. The renter is responsible for the clean up of the Stage at the end of the rental period and prior to stage removal by Parks & Recreation. Clean up is to include sweeping the Stage floor, mopping and removing all spills with water and mild cleaning detergent only, and removal of all decorations, trash, etc. Renter is responsible for providing cleaning materials. Any cleaning performed by Parks & Recreation, attributed to the rental, will be charged to the renter at the overtime rate and will be deducted from the deposit. Renter must notify other local authorities/agencies of program plans for necessary permits. Permits may be required by the City for rental to occur. To utilize the full power of the electrical outlets the stage has a 220-volt cable that may be plugged into an appropriate 220-volt outlet. If no 220-volt outlet is available the Stage has a 110-volt conversion cord; however, there will be a loss in the amount of available power (approximately 20 amps available) from the stage outlets. It is the renter's responsibility to provide access to the appropriate electrical voltaqe (220 for full qower or 110 for reduced power) necessarv for the use of the Staqe (sound, liqhts, etc.) Photos of the Stage's 220 volt plug are attached to indicate the kind of receptacle the renter must provide. The Stage is equipped with 2 theatrical light support bars with four (4) 300 watt light instruments each attached to the canopy. The use of any kind of tobacco products, alcoholic beverages or other intoxicating substances is not permitted on the Stage or extensions. Equipment must be carried or rolled, not slid, across Stage floor. Risers and other heavy equipment must be placed on protective approved cushioning provided by the renter. Covering Stage graphics is prohibited. if rental requires the Stage to be on location outdoors overnight, Stage must be closed by Parks & Recreation personnel only. The Stage will be re-opened the following day by Parks & Recreation and call back fees will be charged. When the Stage is closed and not in use overnight the renter must provide City approved security personnel on site and equipped with a cell phone or some other means of communication to notify police if needed. If Parks & Recreation is not satisfied with the renter's proposed security the City of Wichita Falls may choose to provide security with a sworn officer, a contract security person or a City staff member, at the expense of the renter. Rental of the Stage for use in a City park requiring overnight security requires a waiver of the City park curfew ordinance by City Council. At all times when the mobile Stage is in use all City ordinances regarding noise, traffic, gatherings, etc. must be followed. Renter is responsible for ensuring that all activities are properly controlled and supervised to prevent damage to the Stage. Failure to follow rules will result in potential loss of damage deposit and future rental privileges. Deliverv & Set Uq Parks & Recreation must approve the physical site and access prior to setting up the Stage. The Stage will be delivered and setup on the day of its use and removed at the end of the rental period by Parks & Recreation staff only. The renter must be present at the site at the time the unit is scheduled to arrive to assist with orientation of the Stage, accept delivery of rented accessories, and inspect the stage with Parks & Recreation staff for cleanliness and existing damage. Stage delivery and pick up take approximately 1 hour each. Setup of the Stage requires 2 workers 45-60 minutes after the unit has been positioned. Additional equipment such as sound equipment or portable Stage sections will take longer to setup. Once placed and setup, the Stage will remain in place for the duration of the event unless weather becomes a factor at which time renter will notify Parks & Recreation to remove or secure the stage. A call back fee will be charged if the Stage is secured or returned to the site. Renter will be held liable and assume all risk from the time of delivery and setup until pickup by Parks & Recreation. Renter agrees to turn over the Stage in the same condition as on delivery. Renter must be present and inspect the Stage for damage and cleanliness with Parks & Recreation staff prior to pickup of the Stage. Weather Related Policies The Stage will not be opened in winds over 25 mph. Parks & Recreation has the authority to close the Stage during unfavorable weather conditions. In event of weather that poses a likely risk of damage to the Stage (rain, wind or lightning), the Stage will be closed by Parks & Recreation until Parks & Recreation determines that conditions are safe for Stage opening. Renter is required to call Parks & Recreation to close Staqe when the above conditions warrant closure. A call back fee will be charged. Cancellation Policies The reservation fee is non-refundable Cancellation by the renter must be made no later than twenty (20) business days prior to the rental (the date the stage is requested) in order to receive a full refund other than the nonrefundable reservation fee. Cancellation by the renter made between twenty (20) business days and ten (10) business days prior to the rental date will result in 50% refund of the total rental fee (Stage & accessories). Refunds will not be made within (10) business days of the rental date. Refunds will not be made if the event is cancelled due to inclement weather or other elements beyond the control of Parks & Recreation even if the Stage is delivered. Liabilitv Policies In renting the Stage and accessories, the City of Wichita Falls assumes no responsibility: ➢ For loss of, or damage to, any property placed on the premises by the renter ➢ For the loss or damage to any property or personal effects, including motor vehicles and their contents, of the renter, agents, employees participants, guests or attendees. ➢ For any physical injuries sustained by any individual, or group of individuals, during the duration of the rental period. ➢ For malfunction of any electrical or mechanical equipment provided for the renter (such as sound system, lights, generator, etc.) and the applicant waives any claim thereof. The renting party shall indemnify, save and hold harmless the City of Wichita Falls and its officers, agents and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of the renting party or his or her agents or employees, in the rental of the Stage. Renter will assume responsibility and liability for all persons in attendance. Renter assumes all responsibility for any damage to the Stage and/or City equipment during the rental period. Part or all of the clean up and damage deposit will be retained if necessary to cover expenses of repairing damage. Renter will be billed accordingly if damages exceed amount of deposit. CITY OF WICHITA FALLS MOBILE STAGE RENTAL AGREEMENT (Please print all information) Applicant Name: Address: City: Zip: Phone: (W) (H) (C) Organization Name: Address: City: Zip: Requested Date(s) of use: (Day) (Date) (Year) Name of Event or Function: Brief Description: Function/Event Time: (Begins) (Ends) Delivery Time: Removal Time Exact Location Stage is to be Placed Fees & Charges Amount Amount Date Due Paid Paid Reservation Fee ($100, non-refundable) Stage Rental Fee ($500/day) Clean-up & Damage Deposit ($1,000) Call Back Fee ($50/occasion) Optional 7,000 watt, enclosed generator ($75/day) 220 volt, 50 amp electrical ($75/day) Decorative charcoal stage skirt ($15/day) Sound system ($100/day) Portable 4' x 8' stage sections ($10 each/day) Total OFFICE USE ONLY Adjustments (if applicable) Amount deducted Amount returned (Deductions from deposit) The amount above was deducted from your deposit because All refunds will be made to the name on the payment checks. I have been given a copy of, and agree to abide by, the Mobile Stage Policies. I further agree to indemnify, save and hold harmless the City of Wichita Falls and its officers, agents and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of the renting party or his or her agents or employees, in the rental of the Stage. I agree to assume all responsibility for any damage to the Stage and/or City equipment during the rental period and further agree that part or all the clean up & damage deposit will be retained in order to cover expenses to repair damage. I also agree that I will be billed accordingly if damages exceed amount of deposit. Signature of Renter Date Parks & Recreation Date Parks 8� Recreation Stage & Accessory Rental Fees A non-refundable, reservation fee in the amount of 100.00 is due immediately upon City approval of the rental. This fee is to reserve the date and will be retained by the City should the rental be cancelled by the renter. In the event the City should have to cancel the rental, the deposit will be refunded in full. The reservation deposit will be deducted from the rental fee if the event is held. Payment of all other fees is due by twenty (20) business days prior to date of use. All fees will be deposited. Failure to meet payment deadline may result in forfeiture of reservation deposit and cancellation of rental. In the event the City cannot deliver the Stage and fulfill its part of the agreement, a full refund including all deposits will be made. The City will not be held further responsible. The renter will be billed for any additional man-hours needed for any event that goes beyond the scheduled times. If Parks & Recreation is called back after the Stage is delivered and erected, for any reason, a call back fee will be charged and deducted from the deposit. Staae Fees Reservation Fee $100 (Non-refundable) Stage Rental Fee $500 per day (includes non-refundable fee) Clean-up/Damage Deposit $1,000 (Refundable) Call Back Fee $50 per occasion Accessorv Fees 7,000 watt, enclosed generator $75 per day (includes fuel) Decorative Stage Skirt $15/day Sound system $100 per day (20-channel mixer, 2 speakers, 4 microphones, . microphone stands) 4' X 8' portable stage sections $10 each per day (16 sections available — they do not attach, only abut Mobile Stage deck)