HomeMy WebLinkAboutResolution - 6260 - Adopted Operating Policies & Procedures, Rental Contract - CC, MAC, Clfs - 04/08/1999Resolution No. 6260
Item No. 37
April 8, 1999
RESOLUTION
WHEREAS, the City Council of Lubbock deems it in the best interest of the
citizens of the City of Lubbock to approve the General Operating Policies and Procedures
for the Lubbock Memorial Civic Center and Municipal Auditorium -Coliseum and a
standard Rental Contract for the City of Lubbock Facilities; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the General Operating Policies and Procedures for the Lubbock Memorial
Civic Center and Municipal Auditorium -Coliseum and a standard Rental Contract for the
City of Lubbock Facilities are hereby adopted and approved for use. Said documents are
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 8th day of April 1999.
ATTEST:
City
APPROVED AS TO CONTENT:
Tommy Go alez
Director of Civic Services
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
Ccdocs/Civic Center General Operating Policies and Rental Contract.Res
April 8, 1999
Resolution No. 6260
Item No.37
April 8, 1999
RETURN TO:
LUBBOCK MEMORIAL CIVIC CENTER
1501 6TH STREET
LUBBOCK, TX 79401 NO.
RENTAL CONTRACT FOR CITY OF LUBBOCK FACILITIES
This lease Is entered into on 199_, between the City of Lubbock, referred herein as City, and
, referred herein as Lessee and whose address is:
The Citys representative is and the Lessee's representative is
1. Leased Premises, Term and Applicable Rates: The City leases to Lessee --and Lessee leases from the City—the below described
Premises, for the terms and rates listed below, known as:
(collectively, the "Premises")
2. Postponed Delivery: If the City cannot give possession of the Premises on the above described time and/or date for any reason, such event
shall not be considered an event of default hereunder, and the City shall not be subject to any liability, nor shall the validity of this lease be affected, nor
the lease term extended in such event. In the event City does not tender possession to Lessee at the agreed time and date, Lessee may terminate the
Lease at any time prior to City's tender of possession by written notice to the City.
3. Payments: Lessee shall pay to City the amount described above as consideration for the lease of the Premises (the "Rent") at the
management office or at such other place or places as City may designate, without deduction or offset of any kind. A deposit in the amount of
$ is due upon execution of this Lease.
4. Use of Premises: Lessee may occupy and make use of the Premises solely for the purpose of:
Lessee shall not make use or permit any use of the Premises, or do or permit any act, that, directly or indirectly, may cause or tend to cause
Injury to the City, the Premises, the Civic Centers, Municipal Auditorium or Coliseum, and/or any other property of the City, including without limitation,
disturb in any manner any other tenants' use of the Civic Center or Municipal Auditorium or Coliseum, violate any law, ordinance, or regulation, or
violate the terms of, or cause any increase in the rate under, any insurance policy covering or relating to the Premises, the Civic Center or Municipal
Auditorium or Coliseum.
Lessee shall comply with all state and federal statutes, regulations and laws, and local ordinances, and/or any direction of any public officer,
that relate, in any way, manner or form to the Premises or the occupation of same.
5. Condition of Premises: Lessee has determined that the Premises, as presently constituted, is sufficient for the use contemplated by Lessee.
Lessee's taking possession of the Premises is conclusive evidence that the Premises, including, without limitation, the equipment, fixtures, furnishings,
and the building comprising the Premises are clean, sanitary, and in good order and condition at the time of possession by Lessee. Lessee shall,
throughout the lease term, maintain the Premises and furnishings in good, clean, and sanitary order and condition.
6. Altering Premises: Lessee shall make no alteration whatsoever (including painting and decorating), or additions of any kind, to the Premises
or the equipment, fixtures, or furnishings located therein, without City's prior written consent, which City may refuse, or condition in any manner, in the
City's sole discretion. All such alterations or additions that City approves shall be performed at Lessee's sole expense, and Lessee shall indemnify,
defend and hold City harmless from all claims, losses and/or liabilities in any way related to or connected with such alterations or additions. If Lessee
alters the Premises without City's prior written consent, in addition to other remedies provided herein, Lessee shall bear and promptly pay City, on
written demand, the full cost of restoring the Premises to their prior condition.
7. End of Tenn: Upon expiration of the Lease term, or termination of the Lease, as provided herein, Lessee shall vacate the Premises and
return to the City all equipment and facilities procured in as good condition and repair as when acquired, except for normal wear and tear. If Lessee has
constructed any alterations or additions to the Premises, to the extent required by the City, all alterations and additions made by Lessee shall be
removed, at the sole cost of Lessee, and the Premises restored to their condition when the Lease began. Lessee's obligations under this paragraph
shall survive the expiration or other termination of the Lease.
8. Remedies: In the event Lessee or any of Lessee's agents, employees, visitors, guests, or licensees, shall breach any term and/or provision
of this Lease, the City shall be entitled to exercise any right and/or remedy provided to it by law, equity, or terms of this Lease, including without
limitation, declaring the Immediate termination of this Lease. If the City shall terminate this Lease as provided herein, City shall give Lessee notice of
such termination, and Lessee shall promptly, but in no event more than twenty-four hours after receipt of notice of such termination, as provided herein,
surrender Premises to City.
9. Remedies Cumulative: All City's rights and remedies under or provided by this Lease are cumulative, and the exercise of any right or
remedy shall not exclude the exercise of any other right or remedy allowed by law or equity, or provided for in this Lease.
10. No Waiver: The failure to exercise, and/or delay in exercising, on the part of the City, any right thereunder, shall not preclude any other
further exercise of such right, nor shall the waiver of any default or breach of any provision of this Lease by City constitute a continuing waiver or a
waiver of any subsequent breach of the same or a different Lease provision.
11. Notice: Any notice required or permitted to be given hereunder shall be given in writing and delivered by either US Mail Certified Return
Receipt Requested, facsimile, or in person to the party at address set forth below. Such notice shall be deemed to have been received on the day and
hour it is personally delivered as aforesaid, or if provided by facsimile, on time and date set forth on the electronic confirmation of same.
Name:
Address:
Facsimile Number:
12. Expenses of City: Lessee shall pay on demand all of City's expenses, including attorney's fees and including all costs of appeal, incurred in
connection with the enforcement of Lessee's obligations under this Lease.
13. Indemnity: Lessee, to the fullest extent permitted by law, shall indemnify, defend and hold City, Its officers, agents, employees and
elected officials free and harmless from and against any and all claims, losses, and/or liabilities which arise directly or indirectly, or are
related to, in any way, manner or form, the activities contemplated by this Lease and/or the Lessee, Lessee's agents, employees, invitees,
patrons, licensees, guests and/or Independent contractors use and possession of the Premises, including, but not limited to, claims, losses,
and/or liabilities relating to the injury to or death of any person, Including, but not limited to Lessee, damage to the Premises, or from the act
or omission of any person or persons, including Lessee, in or about the Premises. Such Indemnification Includes but is not limited to liability
resulting from the unintentional interruption of utility services.
14. Release: City shall not be liable to Lessee or to Lessee's agents, employees, invitees, patrons, licensees or guests, or to any other person,
and the Lessee hereby releases the City from all of same for any damage to person or property caused or related to in any way, manner or form, by (i)
the negligence of lessee or any other tenant of the property of the City; (ii) any building or structure on the Premises, and/or the conditions of same.
Lessee has inspected the Premises and accepts the Premises and any building or structure on the Premises and each and every appurtenance as
suitable for the purposes for which they are leased, and waives any defects thereof, and agrees to hold City harmless from all claims for any such
damage.
15. Applicable Law -Texas Law to Apply: THIS LEASE IS TO BE CONSTRUED UNDER TEXAS LAW, AND ALL OBLIGATIONS OF THE
PARTIES CREATED UNDER THIS LEASE ARE PERFORMABLE IN LUBBOCK COUNTY, TEXAS AND VENUE TO ANY ACTION BROUGHT IN
CONNECTION WITH, OR ARISING OUT OF, OR RELATED TO THIS LEASE SHALL BE IN THE COURTS OF THE STATE OF TEXAS, COUNTY OF
LUBBOCK.
16. Legal Construction: If any one or more of the provisions of this Lease are for any reason held invalid, illegal, or unenforceable, in any
respect, such invalidity, Illegality, or unenforceability will not affect any other provision of this Lease, which will be construed as if it had never included
the invalid, illegal, or unenforceable provision.
17. Prior Agreements Superseded: This Lease constitutes the sole agreement between parties and supersedes any prior understandings or
written or oral agreements between parties respecting the subject matter hereof.
18. Amendment: No amendment, modification, or alteration of this Lease is binding unless in writing, dated subsequent to the date of this Lease,
and duly executed by the parties.
19. Incorporation: It is understood and agreed that the attached manual entitled, "Lubbock Memorial Civic Center and Municipal
Auditorium -Coliseum General Operating Policies and Procedures" ( the "General Policy') is made a part of this Lease for all purposes and
incorporated herein by reference. Lessee assumes all obligations of the General Policy. In the event of a conflict between this Lease and the General
Policy, the terms of this Lease shall prevail.
20. Room Arrangements: Lessee shall confirm to the City two weeks prior to Lessee's event their room set-up requirements so that the City can
make the necessary scheduling arrangements. This Information shall be provided to the City by the date and time listed below:
21. Time of Essence: Time is of the essence in the performance of all terms and provisions of this Lease.
IN WITNESS OF THIS AGREEMENT, the City and Lessee execute this agreement as of the day and year first above written.
CITY OF LUBBOCK
By
Name
Title
LESSEE
By
Name
Title
Lessee will sign both copies of this contract and return both copies with deposit by Completed contract
will then be returned to Lessee.
LUBBOCK MEMORIAL CIVIC CENTER
AND
MUNICIPAL AUDITORIUM -COLISEUM
GENERAL OPERATING POLICIES AND PROCEDURES
It is understood and agreed by the Lessee that this booklet, which includes Section 1
through 41, is in fact a part of the contract between the Lessee and the Lessor. The Lessee
is charged with the responsibility of knowing and abiding by the policies and procedures
contained herein.
Acknowledged and Received:
Signature of Lessee
Date
This top page should be signed by the Lessee and returned attached to the pink copy of the
Rental Contract for the City of Lubbock Facilities.
LUBBOCK MEMORIAL CIVIC CENTER
AND
MUNICIPAL AUDITORIUM -COLISEUM
GENERAL OPERATING POLICIES AND PROCEDURES
It is understood and agreed by the Lessee that this booklet, which includes Section 1
through 41, is in fact a part of the contract between the Lessee and the Lessor. The Lessee
is charged with the responsibility of knowing and abiding by the policies and procedures
contained herein.
TABLE OF CONTENTS
SECTION TOPIC
PAGE #
1
Definitions ..................................................................................
2
Authority....................................................................................
1
3
Lease or Rental Agreement........................................................
2
4
Booking Policy..........................................................................
2
5
Conventions...............................................................................
3
6
Rehearsals and Move-In/Outs....................................................
3
7
Reletting and Sub-Leasing.........................................................
3
8
Payment of Fees.........................................................................
4
9
Authorized Refunds...................................................................
4
10
Insurance Requirements.............................................................
4
11
Liability for Lessee's Property ...................................................
5
12
Box Office and Ticketing Procedures ........................................
5
13
Advertising of Events................................................................
5
14
Broadcast or Telecast.................................................................
6
15
Crowd Control and Security Personnel ......................................
6
16
Catering and Concessions..........................................................
6
17
First Aid Services ..................................................... ..................
18
Machinery, Flammable Liquids, and Electricity ........................
7
19
Obstruction of Doors, Passageways, Corridors or Lobbies .......
7
20
Equipment Usage.......................................................................
8
21
Signs, Posters, Literature, Decorations and Balloons ................
8
22
Animals in the Building.............................................................
8
23
Display Advertising Rights in Facility ......................................
9
24
Alterations of Leased Premises ..................................................
9
25
Abandoned Equipment or Property ...........................................
9
26
Observance of Laws and Regulations ........................................
9
27
Permits and Licenses ..................................................................
28
Intermissions.............................................................................. 9
29
Public Address Announcements ................................................ 9
30
Parking......................................................................................10
31
Recreational Vehicle Hook-ups................................................10
32
Facility Capacity.......................................................................10
33
Non-Discrimination..................................................................10
34
Objectionable Conduct..........................................................
10
35
Photographers...........................................................................11
36
Copyright Infringement............................................................11
37
Solicitations..............................................................................11
38
Right to Alter Policies and Procedures and Rental Rates .........11
39
Facility Smoking Policy............................................................
11
40
Facility Staff ............................................... ...............................
12
41
Special Rates and Services........................................................12
INDEX
SECTION 1- Definitions
(a) The Lubbock Civic Centers of the City of Lubbock and County of Lubbock, Texas hereinafter called
Facility, means any hall, theater, meeting room, or other area designated in the Lubbock Civic Center and
Municipal Auditorium -Coliseum falling under the jurisdiction of the City of Lubbock.
(b) Lease as used herein means the written contract issued to an applicant by the Manager of the Facility under
the authority and condition as herein provided, including any amendment or supplement to such a contract.
(c) Lessee as used herein includes any person, association, public organization, partnership, business trust,
company or corporation that contracts to use any part of the Facility in accordance with the provisions of these
regulations.
(d) Non-Commercial/Non-Profit Events - A non-commercial or non-profit event is a function sponsored by
any of the following categories when the majority of the net proceeds are bestowed on or retained by the
sponsoring organization. Organizations claiming non-profit status must present proof of their non-profit status as
issued by the Internal Revenue Service prior to contracts being executed.
Examples:
1. Local non-profit chartered civic organizations.
2. Local non-profit fraternal organizations.
3. Local governmental organizations.
4. Local non-profit educational organizations.
5. Local non-profit religious organizations.
6. Local chartered charitable organizations.
7. Local organizations qualifying under section 501 of the Internal Revenue Service Code.
(e) Gross receipts as used in these regulations shall mean income from sales minus excise taxes or sales taxes
levied by the City, County, State or Federal Government. Any deductions from the gross receipts shall be
substantiated by submission of a statement of such deductions.
(f) Concessions as used herein shall mean the use and occupancy of any part of the Facility for the: (1) sale or
dispensing of programs, records, periodicals, books, magazines, newspapers, soft drinks, alcoholic beverages,
flowers, candies, food, novelties or related merchandise and souvenirs; (2) renting and/or sale of opera glasses,
cushions, photographs or other such articles; (3) the term concessions shall not include the sale, donation, or
giving away of merchandise or products which are a part of or directly related to an authorized convention or trade
show for which a fixed rental for booth space is otherwise charged.
SECTION 2 - Authority
The Civic Centers Manager, as referred to in these regulations, shall have full responsibility for the operation of
the Facility and shall act on behalf of the City of Lubbock in all matters pertaining to the Facility. The Manager
shall be authorized to enter into rental contracts subject to the prevailing rental rates. The right is reserved by the
Manager or other duly authorized representatives of the Facility to enter the Facility and all parts thereof at all
times. Any deletions, additions, or modification to the standard rental contract for the City of Lubbock facilities
shall be approved by the Director of Civic Services.
SECTION 3 - Lease or Rental Agreement
All rental contracts shall be in written form and executed by the City of Lubbock. No oral agreement for the
use of the Civic Centers shall be valid.
Federal regulations require reporting of all payments in excess of $600.00 during a calendar year. 1099's will
be issued at the end of the calendar year to any Lessee or Vendor where payments for show settlements have
exceeded this amount. In order to comply with these regulations, the taxpayer identification number is required
before payments can be issued to the Lessee or Vendor.
Basic rental rates for actual event days/performances include available heat and/or cooling, available lighting
and water, normal janitorial cleaning services, and the initial chair or chair/table set-up. However, failure to
furnish any of the foregoing utilities or services resulting from circumstances beyond the control of the Facility
shall not be considered a breach of contract. Additional charges will be assessed for extraordinary or overnight
utility usage. Changes made in the initial set-up may require payment of an additional charge. Major changeovers
(from one set-up to another) made within a single working day (7:00 a.m.-1 a.m.) will require payment of an
additional set-up charge. This includes set-up changes of tables, chairs, risers, stage, head tables, etc. Pre -event
and post -event charges are covered under Section 6.
The Lessee may be required to furnish in writing any information requested by the Manager to determine which
facilities, arrangements, and special services and/or equipment might be necessary to the staging and proper
management of their event. For exhibitions or conventions, Lessee must furnish drawings as to locations, and
dimensions of all exhibit booths and equipment indicating utility requirements. These requirements must be
approved by the Manager. At no time, can exhibit booths, tables, chairs, or any other set-up created by an event
block entrances and/or exits. There must be at least an 8 foot clearance between an entrance/exit and any exhibit
booth or set-up. Should Facility Management determine that exhibits or any portion of an event setup is in
violation of proper fire and safety code restrictions, Lessee will insure that the violation is corrected immediately.
Any exception must be approved by the City of Lubbock Fire Marshall.
All set-up information, in and out times and actual event times must be submitted, in writing, at least two (2)
weeks prior to the event. Due to staff scheduling requirements, these times must be adhered to by the Lessee or
else an overtime fee will be charged. (See Section 39 for charges.)
The Lessee will appoint one (1) individual to coordinate all activities and setup information with the Facility
Staff.
SECTION 4 - Booking Policy
The Manager may deny rental of any of the Civic Centers facilities if, in his/her judgment, a booking conflict
appears imminent. A three (3) day protection period between similar events will be exercised at the discretion of
the Manager and coordinated between both the Civic Center and the Auditorium -Coliseum. The Manager reserves
the right to increase the number of protection days between similar events. This is in accordance with the usual
procedures of public assembly facilities management concerning adequate protection or unfair competition
between similar events.
2
Tentative Dates will be held until a contract is issued or a request by another party has been received. A
contract must then be signed and deposit made or the date/dates will be released. However, should a second
request be received for tentative dates, a contract must be signed and the required deposit made within forty eight
(48) hours of notification or the date/dates will be released.
SECTION 5 - Conventions
The Lubbock Convention and Visitors Bureau may negotiate to lease any of the Civic Centers facilities to any
corporation, association, club, or society during any international, national, state, or regional seminar or meeting
session thereof, which is a convention of record. Where any special service or equipment is required, the
convention shall pay the costs associated with same. The scheduling of conventions by the Lubbock Convention
and Visitors Bureau and/or the Civic Centers shall receive high priority at the Civic Center. Therefore the Civic
Center Booking Calendar will be kept open within reason. When unfilled dates are 18 months or less, other events
may be scheduled.
SECTION 6 - Rehearsals and Move-Ins/Outs
The rates listed herein entitle a Lessee to use the space specified in the rental contract for rehearsal and/or
move -in purposes of up to four consecutive hours prior to the event without additional cost. The hours shall be
approved by the Manager and shall be subject to cancellation by the Manager upon 24 hours notice to the Lessee.
The cost of any special labor, equipment, or services in connection with such a rehearsal and/or move-in/out will
be charged to the Lessee based upon the prevailing rates at the time of the event.
Move -ins and rehearsals prior to the date of the event and move -outs specified in the rental contract shall be
subject to additional rental which will be fifty percent (50%) of the established rental rate plus the cost of any
additional services. Rehearsal and move-in/out dates are available only when the facility is not scheduled for use
by another Lessee. Times for move -ins, move -outs, and/or set-ups and for teardowns may be negotiated at the
discretion of the Manager. Energy conservation is of prime concern and minimum levels of lighting, ventilation,
heat and air conditioning will be maintained during move -in and move -out periods. A utility charge, in addition to
the basic rental fee, may be assessed for special lighting and comfort level requirements during move -in, move -out
or rehearsal periods.
SECTION 7 - Reletting and Sub -Leasing
The City of Lubbock reserves the right to relet any portion of the Lubbock Civic Centers which becomes vacant
during the lease of any other contract. If the City of Lubbock relets because of Lessee's fraud or
misrepresentation, no refund will be due such Lessee. No Lessee shall assign any lease without approval of the
Manager of the Lubbock Civic Center/Auditorium-Coliseum.
SECTION 8 - Payment of Fees
Fifty percent (50%) of the base rental fee shall be paid upon execution of the contract. The balance of the
rental shall be required one week prior to the event. Fees for any special services and equipment needed shall be
paid prior to the completion of the final event. Any exception to this policy must be approved by the Manager.
The Manager, if deemed necessary, may request that full rental and other fees be paid in advance for use of any
facilities. In the event of cancellation by the Lessee, without the written approval of the Manager , all moneys
previously paid by the Lessee as a deposit or a rental shall become property of the City of Lubbock and shall not
be refundable. All rental fees shall be paid in lawful money of the United States by cash, certified check, or
money order.
Payment of all Federal, State, County, or City taxes and licenses in connection with any attraction shall be the
responsibility of the Lessee. The Manager may, on occasions, for the protection of the Lubbock Civic Center and
Municipal Auditorium -Coliseum, collect all such taxes and directly pay them over to the proper Federal, State, or
other government units.
When contracts are initiated less than 30 days in advance of event dates, the deposit will be the total amount of
the rental rate. Extra charges will be due on the last day of the event.
SECTION 9 - Authorized Refunds
Refund of advance rental deposit may be authorized where:
(A) Lessee gives written notice of cancellation at least six months (180 days) prior to the date reserved.
(B) Where the scheduled performance is canceled under any of the terms of the regulations governing the
management of the Facility.
(C) Where the performance is otherwise canceled at the request of the Manager and with the consent of the
Lessee.
Deposits made due to a date challenge, as described in Section 8, are not refundable.
SECTION 10 - Insurance Requirements
The Lessee shall be required, at its sole cost and expense, to secure and maintain during the term of this
contract, public liability with property damage liability and contractual coverage insurance against losses or claims
relating to or arising out of the holding or presentation of the Event and any use or occupancy of the Facility by the
Lessee and its agents, contractors and employees. Insurance policy must be issued by companies authorized to do
business in the State of Texas. Said Lessee must also provide certificates of insurance (liability) naming the
City of Lubbock as an additional insured. The certificate of insurance provided to the Facility should include
the following information and limits:
A. Name of your Insurance Company/Name and Telephone Number of contact person.
B. Your Name/Company Name and Address as the Insured
C. Minimum Policy Limits as follows:
General Liability:
General Aggregate $1,000,000
Products $ 500,000
Personal & Adv Injury $ 500,000
Each Occurrence $ 500,000
4
Fire Damage $ 50,000
Medical Expense $ 5,000
D. Description of Operations/Locations/Restrictions/Special Items
Name of Event, Date of Event, Exact Location of Event (Facility)
Additional Insured: City of Lubbock
E. Certificate Holder: City of Lubbock
c/o Lubbock Memorial Civic Center/Auditorium/Coliseum
1501 6th Street
Lubbock, TX 79401
The insurance policies shall contain an endorsement providing contractual liability coverage to insure the
liability assumed herein. The Manager shall be notified by the Lessee of any exclusion to the insurance policy
provided for the event contracted. The Manager shall be provided with a certificate evidencing all such insurance
as specified herein and any other insurance, which the Manager may require. This certificate shall be submitted
with this signed contract, unless otherwise approved by Facility Management, but no less than two (2) weeks prior
to the event.
The City of Lubbock Risk Management Coordinator may, at his/her discretion, increase or decrease the amount
of insurance coverage required for specific events.
SECTION 11- Liability for Lessee's Property
Neither the City of Lubbock nor their employees shall be liable for any loss, damage, or injury to properties of
any kind that are shipped or otherwise delivered to or stored in or on the premises. Due to limited storage space in
the Facility, Lessees must first obtain permission from the Manager or Event Coordinator prior to shipping small
quantities of property/merchandise to the Facility. It is the responsibility of the Lessee, when using a Decorator, to
insure that vendors send their shipments directly to the Decorator. Failure to do so may result in Facility assessing
an appropriate storage/handling fee to the Lessee. Rodeos, circuses and other events involving animals shall not
leave animals unattended in the Facility. The Lessee shall bear the cost of overnight security, with said security
being arranged for by the Facility.
SECTION 12 - Box Office and Ticket Procedures
Tickets to all events for which there is an admission charge shall be sold through the Facility's computerized
ticketing system. The Manager may, at his/her discretion, authorize non-profit organizations to handle their own
ticket sales. These organizations will be required, however, to furnish the facility with a ticket manifest showing
the number of tickets printed and a record of attendance at the conclusion of their event. All events where
admission is charged at the door will be required to give the Facility an attendance count. At no time shall the
number of tickets sold exceed capacity. It is also the Lessee's responsibility to insure that attendance does not
exceed capacity when no admission is charged.
SECTION 13 - Advertising of Events
All advertising of paid attractions must state total admission prices. The Lessee shall not announce events
scheduled at the Facility until contracts and deposits have been properly approved and executed by the Manager.
SECTION 14 - Broadcast or Telecast
It will be the responsibility of the Lessee to inform the Manager when telecasts or broadcasts will be conducted
in conjunction with the contracted event at the Facility. The Manager shall have the authority to negotiate charges
for these events. It will be the responsibility of the Lessee to insure that either Lubbock, Texas, or the name of the
Facility is mentioned during the telecast, broadcast or filming of the event.
SECTION 15 - Crowd Control and Security Personnel
Lessees are responsible for the security of all areas utilized and covered under their contract. It shall be the
responsibility of the Manager to determine the number of crowd control and/or security personnel required for
each event. It shall be the responsibility of the Lessee to pay for the crowd control and security personnel.
Security shall be required at any event where alcoholic beverages are served and is encouraged when admission is
charged at the door or at the Box Office. Lessees are also encouraged to arrange for overnight security during
multiple day events when Lessee's or Exhibitor's items will be left in the building overnight. Lessee shall
coordinate all security with the Manager or designated representative.
SECTION 16 - Catering and Concessions
Concessions: The Facility reserves and retains the sole right to conduct and/or control either directly or
through separate contracted vendors all catering and concessions including but not limited to the items listed and
defined in Section 1 under "Definition, Concessions". The sale or dispensing of any items must first have prior
approval.
All sales requiring the payment of additional fees and/or percentages of sales shall require the Lessee to certify
the amount of said sales in writing. Said fees and/or percentages shall be paid at the closing of the event unless
otherwise approved by the Manager.
It is the Lessee's responsibility to insure that no food or beverages are brought into the facilities unless prior
approval is obtained from the Management.
Catering: Caterers must be approved by the Manager. Caterers are required to sign a catering agreement and
provide proof of insurance before catering an event in the Facility. Only those caterers on the Facility's approved
list of caterers will be eligible to cater on the premises. This facility is a tax supported municipal facility. Caterers
are provided with the building, kitchen and scullery, warmers, sneeze guards, tables, chairs, utilities, etc. For these
benefits and to cover these operating costs, the caterer is assessed a 15% catering fee, which is a percentage of
their total bill charged to the Lessee. Caterers who are delinquent in their payment of the catering fee shall be
prohibited from catering additional events in the Civic Centers until full payment is made. Lessees are encouraged
to check with the Facility's Food and Beverage Department to insure that the desired caterer is in good standing.
Services that are available through the Facility's Food and Beverage Concessionaire include, but are not limited
to, hot/cold beverages and continental breakfasts (danish, donuts, pastries) for coffee breaks.
SECTION 17 - First Aid Services
First Aid services are available through approved organizations for a fee. The Lessee shall be responsible for
payment of any and all fees for these services and it shall be the responsibility of the organization providing the
service to collect said fees. A list of approved organizations providing first aid services is available upon request
through the Facility Management. The Lessee shall notify the Facility Management prior to the event when these
services will be utilized. The Facility is not responsible for the services provided by any of the approved
organizations.
SECTION 18 - Machinery, Hazardous Materials, Flammable Liquids and Electricity
No person shall use any engine, motor or other type of machinery within the Facility, or use any gas or other
flammable liquid or chemical without the approval of the Manager. All electrical connections of any kind must be
approved by the Manager. No gas or internal combustion vehicle shall be allowed to remain in the Facility
without the approval, in advance, of the Manager. No open flamed devices shall be permitted without the approval
of the Manager. Any candles used for table decorations must be fully covered by an appropriate flame guard that
is higher than the flame of the candle.
Vehicles on display or left in the facility must comply with Section 9-4.4.4 of the Life Safety Code:
a. All fuel tank openings shall be locked and sealed in an approved manner to prevent the escape of
vapors. Fuel tanks shall not be more than one-half (1/2) full or contain more than 10 gallons of fuel,
whichever is less.
b. At least one battery cable shall be removed from the batteries used to start the vehicle engine. The
disconnected battery cable shall then be taped.
c. Vehicles shall not be moved during show hours.
In accordance with Section 11, item 84 of the City of Lubbock Code of Ordinances, "No person may
manufacture, sell, or give away fireworks, or store, possess, or use fireworks" unless Lessee secures a proper
permit from the City of Lubbock Fire Marshall.
Any electrical tie-in requiring 600 amps or more shall be performed, at the Lessee's expense, by a bonded,
licensed electrician. Electrician must be approved in advance by the Management.
Exhibitors must be informed by the Lessee that all hazardous materials displayed and/or sold out of their
exhibit booths must have Material Data Safety Sheets available for those products.
SECTION 19 - Obstruction of Doors, Passageways, Corridors or Lobbies
No portions of the sidewalks, entries, plaza walkways, passageways, doors, aisles, elevators, vestibules or other
ways of access to the public utilities of the premises shall be permitted to be obstructed, nor shall any windows,
ventilators or lighting fixtures be obstructed. No vehicles or other driveable equipment shall be driven onto or
parked on any sidewalk or entry into the Facility without prior approval of the Facility Management.
SECTION 20 - Equipment Usage —71
No person may use or transport any equipment, furniture or other articles which are the property of the
Facility's without the approval of the Manager. As used in this section, the word "equipment" is to include all
items of inventoried equipment which are moveable or portable, such as ladders, tables, chairs, etc. A limited
number of carts are available for rent from the Facility to move in Lessee's or Exhibitor's merchandise or
equipment.
SECTION 21- Signs, Posters, Literature, Decorations and Balloons
Posters and/or signs may only be posted on bulletin boards provided for such use within the Facility. All such
advertisements must relate to the event to be held on the premises. The hanging of pictures, banners, or other
items must have the approval of the Manager.
The Lessee shall not distribute, circulate or permit to be circulated any advertising matter or programs at the
entrance to any part of the premises that does not pertain completely to the immediate attraction. No advertising
matter shall be distributed or circulated on parking facilities or walkways adjacent to the facility.
Decorations, signs, banners and similar materials may not be taped, nailed, pinned, bolted, tacked,
stapled or otherwise fastened to ceilings, doors, walls, glass, columns, painted surfaces, fabric or decorative
walls. Easels are available to use for signage. Signage found taped or otherwise attached to walls or doors will be
taken down immediately by the Civic Center Management and the Lessee will be financially responsible for any
damage that is caused. Any floor tape to be used on carpeted areas must be approved in advance by Facility
Management and Lessee will insure that their contracted decorator removes all floor tape used in laying carpet,
etc. from all floor surfaces immediately following the event. Acceptable types of floor tape are cloth and gaffer's
tape. Duct tape is NOT acceptable. Glitter, confetti and/or sequins are highly discouraged and an
additional clean up fee may be charged when used. Lessee may be required to put plastic under decorations
that are to be set on carpet i.e. bales of hay.
The Lessee, after required approval, may elect to hang banners, posters, or pictures themselves, provided
Lessee provides the required equipment, i.e. ladders, pipe and drape, etc. Otherwise, the Stage Department will
provide a crew of no less than two (2) people to hang Lessee's materials and Lessee shall pay the cost for such
labor. It will be the responsibility of the Lessee to insure that banners are affixed in an appropriate manner. The
approved method is using pipe and drape provided through a decorator.
In order to abide by the sign ordinance in effect within the City of Lubbock, approval by the Manager will be
required prior to any signs/banners of any type being placed on Civic Centers property outside of the building.
SECTION 22 – Animals in the Building
Animals will not be allowed on the carpeted areas of the Civic Center or in the Pedestrian Mall. Animals
associated with the performance of an event or event activity will not be allowed to remain in the facility overnight
without the Manager's approval. If approval is given, security may be required with the cost borne by the Lessee.
Lessees will not be allowed to remain in the building overnight with guard dogs unless they arrange for additional
security approved by the Facility Management.
SECTION 23 - Display Advertising Rights in Facility
The Facility retains all rights to advertising signage within the Facility and its premises. The Lessee or any of
Lessee's agents, employees or representatives, shall not obstruct, cover or remove any installed advertising
signage or portion thereof, that is under contract with the Facility at the time of the event. The hanging of
temporary banners and/or signage by the Lessee as well as the hanging location within the Facility and its premises
must be approved in advance by the Manager.
SECTION 24 - Alterations of Leased Premises
If alterations of the Facility are required, said alterations must first be approved by the Manager.
SECTION 25 - Abandoned Equipment or Articles
The Facility shall not be held responsible for articles left on the premises. The Facility shall assume no
responsibility for losses when such losses were caused by theft or disappearance.
SECTION 26 - Observance of Laws and Regulations
The Lessee shall comply with all City, County, State, and Federal laws, and with regulations pertaining to the
Facility. Violations by the Lessee or its agents or employees may result in cancellation of the lease and/or
discontinuation of use of the Facility.
SECTION 27 - Permits and Licenses
It is the responsibility of the Lessee to obtain the appropriate permits or licenses, when applicable, prior to
leasing the Facility.
SECTION 28 - Intermissions
Lessee agrees that for ticketed events lasting one and one-half hours or more there be an intermission of not
less than 20 minutes. This intermission requirement may be waived at the discretion of the Manager.
SECTION 29 - Public Address Announcements
The Facility Management reserves the right to make public address announcements during public attractions
and intermissions. These messages and announcements will usually pertain to future attractions and such other
announcements relating to the welfare and safety of those attending events.
9
SECTION 30 - Parking
The City of Lubbock, delegating the authority to the Manager of the Facility, shall maintain and control parking
on city -owned property - on and about the Facility site - excluding parking on city streets. At all times, parking for
Facility events shall have priority over parking for any other purpose. The Facility retains the right to charge a
parking fee to patrons attending events at the Municipal Auditorium -Coliseum and wishing to park in the primary
lots. This fee will be a per vehicle charge and may be sold in advance or on a first come -first serve basis at the
discretion of the Manager. It should be noted that these lots might be shared when events are held at Jones
Stadium.
All event -related vehicles will maintain a clear and accessible fire lane around the Facility at all times. This
lane shall provide adequate clearance for emergency vehicles. It is the Lessee's responsibility to insure that this
access is maintained.
It is the responsibility of the Lessee to insure that exhibitors loading and unloading for events adhere to
Americans with Disabilities Act regarding use of designated parking spaces. These areas are patrolled regularly by
the Lubbock Police Department's Parking Control and tickets are issued to vehicles in violation.
SECTION 31- Recreational Vehicle Hook-ups
A fee will be charged for available recreational vehicle hook-ups on the premises of the Civic Center. Hook-
ups are not available at the Auditorium -Coliseum. Only electrical services shall be provided for this fee. Fees
should be paid in the Civic Center Administrative Office upon arrival on the premises. All hook-ups are on a first-
come first-served basis. Facility is not responsible for any damages caused by overloading circuits or fluctuations
in supply.
SECTION 32 - Facility Capacity
The maximum capacity of the Facility is determined by the egress (exit) capacity. The maximum capacity of
the Auditorium -Coliseum shall be determined by the City of Lubbock Fire Marshall. Lessee shall not permit
tickets to be sold or distributed, including complimentary tickets, nor attendance at non -ticketed events to exceed
the maximum seating capacity for that space. The Facility reserves to right to determine when capacity has been
achieved and to control access at that point.
SECTION 33 - Non Discrimination
No person, group, or association shall be excluded from use of the Facility because of handicap, race, color,
creed, or national origin and no rules or regulations may be promulgated by the Lessees of the Facility which will
discriminate against any person, group, or association or exclude them from use of the facilities or participation in
the facility activities.
SECTION 34 - Objectionable Conduct
Any performer, person or persons attending events at the Facility whose conduct becomes disorderly or
disruptive shall be subject to ejection from the premises. The Lessee shall hold the City of Lubbock harmless from
any claim for such action.
10
SECTION 35 - Photographers
Commercial photographers, acting in conjunction with events held in the Facility, will be subject to a
$50.00/day flat fee which should be paid prior to the event. This fee will apply when either orders are taken or
funds collected for photographs. It is the responsibility of the Lessee to inform the photographer of this charge
when souvenir photographs or videos are to be taken. It is also the responsibility of the Lessee to insure that
photographers provide for their own special electrical needs i.e. extension cords, power strips, etc.
SECTION 36 - Copyright Infringement
Lessee accepts all responsibility for and will assume all costs arising from the use of patented, trademarked,
franchised, or copyrighted music, materials, devices, processes or dramatic rights used on or incorporated in the
event. Lessee specifically represents and warrants that all copyrighted material to be performed has been duly
licensed or authorized by the copyright owners or their representatives. Further, it is agreed that Lessee shall
defend, indemnify and hold the City of Lubbock and the Facility harmless for any claims, losses or expenses
arising from non-payment to licensing agencies, including but not limited to ASCAP, BMI and SESAC or
damages growing out of Lessee's infringement or violation of Federal Copyright Laws and/or Regulations. The
Facility expressly assumes no obligation to review or obtain appropriate licensing, and all such licensing shall be
the exclusive obligation of Lessee.
SECTION 37 - Solicitations
No collections or donations shall be allowed at the Civic Centers without the approval of the Management.
SECTION 38 - Right to Alter Regulations & Rental Rates
The City of Lubbock reserves the right, within reason, to change, alter, amend or cancel any and all of the
regulations contained herein with 30 days notice to Lessee. Rental rates are subject to change when new contracts
are issued.
SECTION 39 - Facility Smoking Policy
The Civic Center is basically a non-smoking facility. The only area where an exception can be made is the
Exhibit Hall. The Lessee can determine if events held in the Exhibit Hall are to be smoking or non-smoking.
The Municipal Auditorium is a non-smoking facility.
The Municipal Coliseum - designated smoking areas are located on the northeast and northwest outer
concourse. Smoking is not permitted in the seating areas, restrooms, etc. As an exception, events which are using
primarily the arena floor, (i.e. a dance) can allow smoking in the seating area. These exceptions will be considered
by Facility Management on a case by case basis. Lessees can designated the entire Coliseum as non-smoking for
their event if they wish.
11
SECTION 40 - Facility Staff
To insure that the Lessee receives the best possible service and information regarding the various services
required for the event, the Lessee should contact the section supervisor in each specific area and provide the
necessary event requirements and set-up information. The positions listed below will be available to provide
advice and consultation regarding your set-up needs and requirements.
Lubbock Memorial Civic Center Lubbock Municipal Auditorium/Coliseum
1501 6th Street 2720 6th Street
Lubbock, Texas 79401 Lubbock, Texas 79417
Telephone (806) 775-2243
Fax(806)775-3240
Manager:
Assistant Manager:
Event Coordinators:
(Booking information - available dates, contracts, rates, room set-ups, etc.)
Marketing and Promotion:
Food and Beverage Coordinator:
(Concessions, catering, bar, tablecloths, coffee and water set-ups)
Technical Coordinator:
(Audio visual equipment, stage, sound, lighting)
Box Office Manager:
(Computerized ticketing services, event staffing (ushers, ticket takers, etc.)
Accounting:
SECTION 41- Special Rates and Services
General Information:
Building rental rates may be obtained upon request.
Major Change -over Charges are as Follows:
Single Meeting Rooms:
$35.00
Double Meeting Rooms, Room 107, Terrace Suite:
$50.00
1/3 Banquet Hall:
$75.00
2/3 Banquet Hall:
$125.00
Full Banquet Hall:
$200.00
Exhibit Hall:
$500-$750
775-2236
775-2237
775-2244/775-2255
775-2231
775-2238
775-2258
795-1750
775-2265
A major changeover is defined as changing the room from one complete setup to another. For example,
changing a room set-up for a banquet, with table and chairs to room set auditorium -style. Minor changes will
be subject to a per table and/or per chair charge.
12
Overtime Rental Charges:
If actual event concludes after 1:00 a.m. or if move -in begins prior to 7:00 a.m. or if event continues past
contracted out time, the following charges will apply:
Exhibit Hall -
$250.00 per hour or portion thereof
Banquet Hall -
$150.00 per hour or portion thereof
Theater -
$150.00 per hour or portion thereof
Meeting Rooms -
$50.00 per hour or portion thereof
Other Areas -
One-half the regular rental rate per hour or portion thereof
Holiday Rental:
Available for major events only.
Rate is 1 %Z times the base rental, i.e. base rental $100.00, holiday base rental $150.00. Holidays include New
Year's Day, Martin Luther King, Good Friday, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving
Day, Christmas Eve (after 5:00 p.m.), Christmas Day. Holiday overtime rate - 1% times the regular overtime rates.
Base rental rates do not include the event staffing, box office, event production, food/beverage, and other specified
charges. All labor charges will be 1 %s times the current wage scale. Over time labor charges on holiday will be
1 %z times the holiday rate.
Contingency Rate:
To hold any portion of the Facility as a backup in case of rain will require a non-refundable block out fee,
payable within 10 days of placing the date on hold. This fee would apply to the full rental, should the facility
actually be used. Should the date be challenged by another event, the person/organization holding the block out
date shall lose the date and the fee shall be reimbursed.
Event Staffing:
The following personnel are arranged for upon request by the Facility or approved ticket agency. Charges for
these services are available upon request.
• Ticket Sellers
• Ticket Takers
• Door Guards
• Security for Crowd Control
• Ushers
• Extra Labor
• Coat Check Personnel
• Merchandise/Novelty/Program Sales person - 10% of Gross Sales
• Merchandise/Novelty/Program Sales - 25% of Gross Sales
• Approved Food/Concession Sales - 15% of Gross Sales
(Items to be sold must have the approval of the Food & Beverage Coordinator. Lessee will insure that
participants will not sell items sold by facility concessionaire)
Box Office Services:
Select -a -Seat, the Facility's in-house computerized ticketing agency operates and/or controls all ticketing
functions for events held in the facilities. In addition to the usage fee to the Lessee, there will be a handling fee
added to the price of each ticket. The amount of these fees are available upon request. It is the responsibility of
the Lessee to include all handling fees in any and all advertising placed by the Lessee.
13
Facility Improvement Fee:
In addition to the ticket handling fee, a facility improvement fee of $ .25 per ticket will be collected. This fee will
be used to offset costs for maintenance and upkeep of the facilities.
Security Guards:
Security may be required, based on the type of event, number and/or age of participants, etc. Security shall be
required for any event where alcoholic beverages are served. The number of Security Officers required shall be
determined in accordance with Section 15 of this manual.
Event Production Services:
Stage technicians, including sound, spotlight operators, stagehands, riggers, forklift operators, etc. are arranged
for by the Facility. The Lessee shall be responsible for the payment of the services. Labor charges are provided
upon request. Note: A 17% charge will be added to the total labor bill for event production. This charge covers
expenses for Social Security, unemployment tax, and payroll administration. Time and a half after 12:00 a.m. will
be charged on all production personnel. Any work schedule exceeding 6 hours shall require a paid meal break of
at least 1 hour or a meal shall be"furnished. Food and/or drinks (soft drinks, coffee, etc.) shall be furnished or one
15 minute break every three hours.
Penalties: Break - $5.00/Stagehand
Meal - $10/Stagehand
Note: - Any event in the Theater, Banquet Hall, Exhibit Hall, Coliseum or Auditorium which requires use of
the house sound system will normally require a sound technician at the current wage scale. Use of the portable
sound system will require a sound technician at the current wage scale. Any exceptions to this requirement must be
approved in advance by the Technical Coordinator. Use of concert staging will require stagehands for set-up and
takedown at the Lessee's expense at the current wage scale.
Sound is not available in single meeting rooms.
Lessee must confirm stage size, and other requirements such as followspot operators, one week prior to the
event. Absolutely no changes in stage size or configuration will be permitted within 48 hours notice prior to the
day of the event.
Band/DJ Policy
Bands not using house stagehands will have one (1) hour after an event's "contracted out time" to remove
equipment from the building.
At the expense of the Lessee one (1) police officer will be required to remain on premises until the band is
out of the building.
• Banquet Hall
Any band not out of the building within the one (1) hour time frame will cause the Lessee to be billed for
building overtime charges. Overtime charges are $150.00 per hour or a portion thereof. A cash deposit of
$200.00 to cover these expenses is to be paid prior to the event. Any unused moneys will be refunded the
next business day following the event.
• Exhibit Hall
Any band not out of the building within the two (2) hour time frame will cause the Lessee to be billed for
building overtime charges. Overtime charges are $250.00 per hour or portion thereof. A cash deposit of
$300.00 to cover these expenses is to be paid prior to the event. Any unused moneys will be refunded the
next business day following the event.
14
Food/Beverage Services:
• Concessions:
The Facility has a contract with Civic Lubbock, Inc., a non-profit 501(c)3 corporation, to operate and/or control
all concession stands and soft drink/coffee setups. Charges for food and beverage services are available upon
request. In the event that an exhibitor requests food/beverage services, the Lessee will be billed for these
services and the Lessee will be responsible for getting reimbursement from their exhibitors. Any exception to
this policy must be approved by the Facility management, the Lessee and the Exhibitor.
• Alcoholic Beverages:
Civic Lubbock, Inc. operates and/or controls all alcoholic beverage sales. In accordance with the Texas
Alcoholic Beverage Commission rules and regulations, alcoholic beverages shall not be brought onto or
removed from the premises by any Lessee, participant, exhibitor, or patron. It will be the responsibility of the
Lessee to insure that the law is followed. The same policy applies as stated above in regard to exhibitors
requesting alcoholic beverage services.
There will be a charge for bartenders at the current wage scale with a 4 -hour minimum (to include set-up and
clean up) for individual open or cash bars for which sales do not exceed $200.00.
Proceeds generated by Civic Lubbock, Inc. from the sale of concessions are used to fund public art programs
and projects in or on City -owned property and provide educational, cultural and entertainment activities in the
Civic Center and Auditorium -Coliseum.
• Tablecloths:
Tablecloths can either be provided by the caterer or the Facility. If the Facility provides the tablecloths, prices
are available upon request.
Note: All labor charges are subject to the current wage scale at the time of the event.
15
TOPIC
PAGE #
Abandoned Equipment or Property ................................................ 9
Advertisingof Events..................................................................... 5
Alterntinns of Leased Premises....................................................... 9
Authoritv......................................................................................... 1
AuthorizedRefunds........................................................................
4
BookingPolicy...............................................................................
2
Box Office and Ticketing Procedures .............................................
5
Broadcast or Telecast......................................................................
6
Catering and Concessions...............................................................
6
Conventions....................................................................................
3
Copyright Infringement.................................................................11
Crowd Control and Security Personnel ...........................................
6
Definitions.......................................................................................
1
Display Advertising Rights in Facility ...........................................
9
EquipmentUsage............................................................................
8
FacilityCapacity............................................................................10
Facility Smoking Policy.................................................................12
FacilityStaff.................................................................................
FirstAid Services............................................................................
7
Insurance Requirements..................................................................
4
Intermissions...................................................................................
9
Lease or Rental Agreement.............................................................
2
Liability for Lessee's Property........................................................
5
Machinery, Flammable Liquids, and Electricity .............................
7
Non-Discrimination.......................................................................10
Objectionable Conduct...................................................................10
Observance of Laws and Regulations ............................................. 9
Obstruction of Doors, Passageways, Corridors or Lobbies .............7
Parking...........................................................................................10
Paymentof Fees.............................................................................. 4
Permitsand Licenses....................................................................... 9
Photographers................................................................................11
Public Address Announcements.....................................................
9
Recreational Vehicle Hook-ups.....................................................10
Rehearsals and Move-in/outs..........................................................
3
Reletting and Sub-Leasing..............................................................
3
Right to Alter Policies and Procedures and Rental Rates ..............11
Signs, Posters, Literature, Decorations and Balloons .....................
8
Solicitations...................................................................................11
Special Rates and Services.............................................................12