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HomeMy WebLinkAboutResolution 2013-010 mobile stage usage policy1VZARANA RESOLUTION NO. 2013-010 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING TOWN STAFF TO IMPLEMENT THE TOWN OF MARANA MOBILE STAGE USAGE POLICY; RESCINDING 1��ARANA RESOLUTION NO. 2007-48 WHEREAS the Town of Marana owns a mobile stage that has been used by various entities for events; and WHEREAS on April 3, 2007, the Town Council adopted Resolution Na 2007-48, establishing renta.l fees and an agreement for public use of the mobile stage; and WHEREAS the Mayor and Council now fmd that it is in the best interest of the Town to revise the rules of use of the mobile stage by adopting a new Mobile Stage Usage Policy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCII. OF THE TOWN 4F MARANA, ARIZONA, as follows: SECT'ION l. The Town of Marana Mobile Stage Usage Policy attached to and incorporated by this reference in this resolution as E�ibit A is hereby approved. SECTION 2. Marana Resolution No. 2007-48, establishing rental fees and agreement for public use of the Town of Marana Parks and Recreation mobile stage is hereby rescinded. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the new Town of Marana Mobile Stage Usage Policy. PASSED AND ADOPTED BY THE MAYOR AND COUN IL THE TOWN OF MARANA, ARIZONA, this Sth day of February, 2013. G/ Mayor d Honea Marana Resolution 2013-010 � . MARANA �/I\ TOWN OF MARANA MOBILE STAGE USAGE POLICY A. Purpose. This usage policy is intended to provide guidelines and set procedures for use and reservation of the Town's mobile stage (the "Stage"}. B. Allowed Groups/Uses. The Stage is primarily intended for use by the Town of Marana for Town-produced events. Therefore, the Stage is not available for use by religious or political organizations or by private businesses or individuals. Besides the Town, the following groups/organizations and uses may be permitted pursuant to this policy: • Town partners, as identified via Town Council-adopted resolutions and agreements (i.e., IGAs and MOUs). Examples of Town partners include, but are not limited to, Marana Unified School District (MUSD), Marana Heritage Conservancy and Northwest Fire District (NWFD). • Military groups, associations or events. • First responder/emergency personnel groups, associations or events. • Significant regional, governmental events, such as groundbreaking and ribbon-cutting type ceremonies/events. • Youth sports groups based within the Town limits of the Town of Marana. C. Priority for Use of Stage (in the following order). 1. Town-produced events 2. Town-sponsored events (events the Town does not produce, but promotes or offers in-kind support to) 3. Town partner events 4. All other approved uses Town-produced events shall be given preference at all times in scheduling use of the Stage. Other uses will be scheduled within the parameters of this policy, and on a first-come, first-served basis for those organizations/uses of equal priority. If an unforeseen circumstance results in the Town requiring the use of the Stage, the Town reserves the right to cancel any other reservations. In such a case, all pre-paid fees and deposits will be refunded. D. Stage Availability. The Stage is generally available for use seven days a week between the hours of 8:00 AM and 10:00 PM. The Stage is not available during`holidays observed by the Town of Marana. Exhibit A- Resolution 2013-010 - 1- 2/4/2013 1:30:31 PM JF E. Transportation and Operation of the Stage. Only Town staff will be permitted to transport and operate the Stage. Town sta.ff will open and close the Stage at the times agreed upon and within the parameters of this policy. In addition, Town staff will remain on-site during the user's event. For multi-day events, Town staff will secure the Sta.ge when the event concludes for the day and return the next day to open and remain with the Stage. F. Restrictions upon Usage. Not counting Town-produced or Town-sponsored events, no approved user sha11 be permitted to use the Stage more than two times in any given calendar year. For any given event, the user may use the Stage for a maximum of three days, exclusive of set-up which may occur the day before the event begins in the discretion of the Town. G. Application and Review All requests to use the Stage will be processed through the Parks and Recreation Department. Applicants should conta.ct the Parks and Recreation Department regarding availability, eligibility and scheduling questions. Any group or organization desiring to use the Stage must complete a Mobile Stage Usage Application a.nd Use Agreement, available from the Parks and Recreation Department. The Mobile Stage Usage Application and Use Agreement must be submitted to the Parks and Recreation Department at least 30 days prior to the requested date of usage, and no more than three months in advance of the requested date of usage. • The person scheduling and signing the application and use agreement must be at least 18 years of age. • Groups utilizing the Stage are responsible for compliance with the provisions in Title IIA of the Americans with Disabilities Act. • The application and use agre�ment will be forwazded to the Parks and Recreation Department Director for approval or disapproval pursuant to the provisions set forth in this policy, and for the imposition of any additional conditions. • If the Parks and Recreation Department Director disa.pproves an application, the applicant rnay request review of the decision by the Town Manager, by submitting a written request to the Parks and Recreation Department D'uector within seven calendar days of the disapproval. • The Town Manager shall review the application and request for review and submit a written response to the applicant within five business days of receipt of the request for review. The Town Manager's decision is final and not appealable within any Town process. • Any application for usage of the Stage may be denied by the Town in the Town's sole discretion due to scheduling conflicts, maintenance needs or lack of Town resources, including staff. H. Fees and Deposit Procedures. Except as otherwise provided in a formal agreement entered into between the Town and a user, the use of the Sta.ge for purposes other than for Exhibit A— Resolution 2013-010 - 2- 2/4/2013 1:30:31 PM JF Town-produced or Town-sponsored events shall be subject to the fees established in the Town of Marana comprehensive fee schedule as adopted by the Town Council and amended from time to time. • All fees sha11 be calculated by the Town and paid in full at the time the Stage is reserved. • Upon Town cancellation of a Stage reservation, all pre-paid fees and deposits will be refunded. • If the applicant cancels with eight calendar daya or more notice, all pre-paid fees and deposits will be refunded. No refunds will be provided if the applicant cancels with seven calendar days or less notice. An administrative/cancellation fee in the amount established in the comprehensive fee schedule will be assessed for ANY cancellation by the applicant. • Fees for Stage use are non-refundable in the event of non-use, rain or shorter duration. However, if the Town decides to cancel use of the Stage due to inclement weather, the Town will refund all fees other than fees associated with Town personnel and transportation. • The Stage will be examined carefully before and after use. If there is no damage to the Stage, the security deposit will be returned to the user within 14 business days after the use of the Stage. If there is damage to the Stage, the deposit will be returned witivn 14 business days, minus the cost to repair the damage. If the security deposit is not sufficient to cover the cost of repairs, the Town will bill the user for the overage. The burden of proof shall be upon the user to prove that any damage was not ca.used by the user or his/her organization or event. • The user will pay any additional costs if use of the Stage goes over the reserved time. These additional costs will be deducted from the security deposit. I. Insurance Requirements. The applicant must maintain commercial general liability insurance with carriers acceptable to the Town with the following required minimum limits: $1,000,000 per occurrence and $2,000,000 in the aggregate. The applicant must deliver one or more certificates of insurance evidencing coverage as described in this paragraph, to the Town's Parks and Recreation Department within 14 calendar days prior to the use of the Stage. The Town must be named as an additional insured on the commercial general liability insurance policies required and the applicant shall provide an additional insured endorsement along with the certificate of insurance. Failure to provide the required insurance documentation within the timeframe specified will result in cancellation of the applicant's Stage reservation. Additionally, the applicant must provide the Town with written notification of any insurance cancellation within 10 days of such cancellation. J. Rules of Ilse. The following rules apply to all Stage usage: � The Town of Marana logo on the interior of the open Stage must be exposed at all times during use. • No nails, screws, staples, paint, duct tape, masking tape or any other damaging material may be attached to the interior or exterior surface of the Stage. Na alterations to the stage or any stage accessories, including electrical or otherwise, are permitted. Exhibit A— Resolution 2013-010 - 3- 2/4/20l 3 1:30:31 PM JF • The Town of Marana reserves the right to cancel the use of the Stage due to inclement weather in the sole discretion of the Town. The Stage cannot be used in winds greater than 25 miles per hour. • Placement and location of the Stage on the event site is at the sole discretion of Town staff and is based upon the physical and safety requirement of the Stage, spectators and participants. • The user is responsible for obtaining a generator for use with the Stage; the Town will not provide a generator. Any generator used in conjunction with the Stage must be inspected and permitted by the proper authorities within the jurisdiction where the event is taking place. • The contact person for the user must be available to Town personnel either in person or by telephone at a11 times during the user's event and use of the Stage. • Any group using the Stage shall not discriminate on the basis of ra.ce, color, national origin, sex, religion, age or disability. • Any group using the Stage shall conduct their events and themselves in a professional and courteous manner. • All activities must be under adult supervision, 18 years of age or older. • The user will be resp�nsible for cleaning up the Stage after use and removing any trash. • The Stage must be available for Town transport within two hours after the event concludes. • The Town will not be responsible for any equipment brought by the user, and such equipment must be removed at the conclusion of the event. • Open flames are prohibited on the Stage. • No animals shall be allowed upon the Stage except dogs assisting disabled individuals. • Smoking is prohibited on the Stage and at any location within 20 feet proximity of the Stage. • The permitted use of the Stage by a group does not, in any way, constitute an endorsement by the Town of Marana of the user's policies or beliefs. • Alcoholic beverages may not be consumed on the Sta.ge. • The Town Manager and designated Town officials and employees shall have free access to the Stage at all times. • If the user causes any damage to the Stage, the user may be denied future use of the Stage. • The Town reserves the right to revoke a group or organization's right to use the Stage at any time, including during an event if there is a danger of injury or damage to person(s) or property. • Except for loading and unloading, no vehicles shall be parked within 20 feet of the Stage or any generator. Exhibit A- Resolution 2013-010 - 4- 2/4/2013 1:30:31 PM JF