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Elbert County Fairgrounds Facility Rental Information Policies and Procedures Effective November 1, 2020 ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 i Table of Contents Contents Section 1 – Introduction 1 1:1 Purpose of Policies and Procedures 1 1:2 Purpose of Fees 1 1:3 Establishment of Fees 1 1:4 Tenant Consideration 1 Section 2 – Definitions 1 Section 3 – Fee Schedule Categories 2 3:1 Standard User Rate 2 3:2 Nonprofit Rate 2 3:3 Rental Rates 2 3:4 RV Campground Rates for All Users 3 3:5 Surcharge Rates for All Users 3 Section 4 – General Usage Policies 3 4:1 Access During Events: 3 4:2 Accident Management 3 4:3 Advertising 3 4:4 Alcoholic Beverages 4 4:5 Animals 4 4:6 Camping/RV Use 4 4:7 Cancellation of Event 5 4:8 Clean-Up Guidelines 5 4:9 Security Deposit 5 4:10 5 4:11 Evacuation Site 5 4:11 Event Marketing 5 4:12 Event Planning Meetings 6 4:13 Event Staffing 6 4:14 Facility Alteration 6 4:15 Fire Safety Standards 6 4:16 General Compliance 6 4:17 Glass Containers 6 4:18 Hazardous Waste 6 4:19 Health Permit Requirements 7 4:20 Indemnification 7 4:21 Intellectual Property 8 4:22 Key Distribution 8 4:23 Liability Limitations of Parking 8 4:24 Lost or Stolen Articles 8 4:25 Smoking 8 4:26 Parking Lots and Roadways 8 4:27 Reservations 9 4:28 Sales Tax Collection 9 4:29 Security 9 4:30 9 4:31 Time of Events – Operating Hours 9 4:32 Use of or Loss of County Equipment 9 4:33 Use Restrictions 9 Section 5 – Payment ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 ii 5:1 Method of Payment 5:2 Returned Checks 5:3 Cancellation of Event 5:4 Limitation of Liabilities Section 6 – Insurance Requirements 6:1 Certificate of Insurance 6:2 General Liability & Host and/or Liquor Liability Requirements 6:3 Schedule of Hazard/Risk Classifications Section 7 – Surcharges 7:1 Water Truck with Operator 7:2 Arena Grooming with Operator 7:3 Skid Steer with Operator 7:4 Refuse Removal from Stalls/Pens 7:5 Vendor Booth 7:6 Labor Surcharge 7:7 Cleaning Surcharge Section 8 – Campgrounds 8:1 Campground Rules Section 9 – Fairgrounds Facility Information 9:1 Elbert County Fairgrounds Site Plan 9:2 Agricultural Building Bay 9:3 Fairgrounds Conference Room Located in the Agriculture Building 9:4 Exhibit Building 9:5 Main Arena 9:6 Warm Up Arena 9:7 Beef Barn Pavilion 9:8 Open Pavilion 9:9 Horse Barn Pavilion 9:10 Parking Lot 9:11 RV Campground 9:12 Warm Up Arena ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 1 Section 1 – Introduction 1:1 Purpose of Policies and Procedures The purpose of these policies and procedures are to provide a consistent guideline for Event Holders and users to ensure a safe and quality experience while using any Elbert County Fairgrounds facility. This policy should be updated periodically, and any updates to this policy may be approved by the Elbert County Manager pursuant to the Elbert County Manager Policy. 1:2 Purpose of Fees The purpose of any fees, surcharges, or deposits associated with rental of a Fairgrounds facility is to generate revenues to offset the operational costs of the facilities, cover expenses associated with cleaning after events held in rented Fairgrounds facilities, maintenance and capital investment in the Fairgrounds, and to protect Elbert County residents’ investment in the Fairgrounds property. 1:3 Establishment of Fees Rental fees for Elbert County Fairgrounds facilities will be reviewed periodically with consideration given to: • The service needs of the community • The facility target user market • Competitive and reasonable rental rates • Operational costs 1:4 Tenant Consideration Elbert County Government may use Fairgrounds facilities at no cost for meetings, educational events, trainings, and other events relating to the business of County government. Any event that is not directly related to the business of County government, such as a fundraiser or a function related to non-County local governmental organizations, will be subject to regular rental fees, surcharges and deposits. Any Elbert County Government department wishing to use the facilities must request approval for the event through the Fairgrounds Event Coordinator, who will determine whether the event is to be charged for the facility rental. Section 2 – Definitions 1. Elbert County or County: Elbert County Board of County Commissioners, employees of Elbert County Government, Elbert County Department of Public Works, Elbert County Fairgrounds Event Coordinator and custodial and support staff. 2. Camper: the person who signs the Campground reservation form and any guests or additional occupants. 3. Event: Any activity that takes place on a scheduled date on the Elbert County Fairgrounds. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 2 4. Event Holder: Any individual, organization, company or entity using and/or renting an Elbert County Fairgrounds facility. 5. Fairgrounds Event Coordinator: the member of Elbert County Government staff designated by the County Manager to administer Fairground Operations. 6. Rental Agreement: Written agreement between Elbert County and Event Holder acknowledging use and fee arrangement for any event held on the Elbert County Fairgrounds. Section 3 – Fee Schedule Categories 3:1 Standard User Rate The Standard User Rate is the rental rate that applies to any individual, organization, company or any entity that is not a 501(C)(3) nonprofit organization. Fees to cover costs for cleaning of rented facilities shall be in addition to these fees, and may be waived or reduced at the discretion of the Fairgrounds Event Coordinator. 3:2 Nonprofit Rate The Nonprofit Rate is the rental rate that applies to any nonprofit group who wishes to use any Elbert County Fairgrounds facility for civic purposes such as educational meetings, organization or service meetings, seminars, trainings and fundraising events. Organizations must be registered with the State of Colorado as a nonprofit 501(C)(3) or similar qualifying nonprofit entity in order to utilize the Nonprofit Rate. All nonprofit organizations must present their 501(C)(3) state identification number proving active status before receiving nonprofit rates. Fees to cover costs for cleaning of rented facilities shall be in addition to these fees. 3:3 Rental Rates Facility Standard User Rate Non-Profit Rate Security Deposit (all users) Cleaning Surcharge Exhibit Building $303/day $210/day $575 $500 Agriculture Building $248/day $158/day $345 $500 Conference Meeting Room $28/day $19/day $58 $500 Main Arena $385/day $257/day $575 $150 Warm Up Arena $110/day $74/day $230 $150 Entire Fairgrounds $880/day $630/day $920 $1,000 Open Pavilion $55/day $42/day $58 $150 Beef Barn Pavilion $83/day $53/day $115 $150 Parking Lot $121/day $84/day $115 $150 Horse Stalls $11/Stall/Day $11/Stall/Day N/A N/A ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 3 3:4 RV Campground Rates for All Users RV Camping with Hookups $25.00/day RV or Tent Dry Camping $15.00/day Sewage Dump for RV’s $25.00/use 3:5 Surcharge Rates for All Users Labor Costs $50.00/hour Water Truck with Operator $58.00/hour Arena Grooming with Operator $58.00/hour Skid Steer with Operator $58.00/hour Horse Stall, Rough Stock Refuse Removal $115/tandem truck load Vendor Booth Utility Surcharge $29/vendor/day Section 4 – General Usage Policies Elbert County Government retains control and management of the Elbert County Fairgrounds facilities at all times, and shall have the right at all times to enforce all rules and regulations described herein, and shall have the right to eject all persons who fail or refuse to comply with these policies. 4:1 Access During Events: The Fairgrounds Event Coordinator shall have the right to access the facilities at any time during any event. 4:2 Accident Management In the case of an accident or emergency, Event Holder agrees to cooperate with the Fairgrounds Event Coordinator in the formulation of an action plan and response to media inquiries. All accidents, occurrences, and incidents must be reported to the Fairgrounds Event Coordinator as soon as possible, but not later than the next business day. Reports must include: 1. Name, address and telephone number of the injured person or persons. 2. Name, address and telephone number of any witnesses. 3. A description of the accident (how, when, and where it happened). 4. A description of the extent of bodily injury or property damage. The Fairgrounds Event Coordinator has the right to require medical personnel, based on the type of event. 4:3 Advertising Event Holders shall not hang signs, bunting or other advertising materials anywhere on the premises without prior approval of the Fairgrounds Event Coordinator. Elbert County does recognize the need for event holders to display sponsor advertising; therefore, advertising materials and locations will be determined on an event to event basis. Elbert ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 4 County reserves the right to negotiate with event holders a share of the advertising profits. If banners or other advertising is allowed during an event, event holder must ensure all signage; banners, etc. are taken down at the conclusion of the event. Any materials left on the grounds after event will be disposed of at event holder’s costs. Additionally, event holder will forfeit all security deposit monies. 4:4 Alcoholic Beverages Alcohol is strictly prohibited at all Elbert County Fairgrounds facilities unless the following criteria are met: Alcohol consumption must be detailed in the Rental Agreement and discussed during the planning meeting with Fairgrounds Management. In addition, the Elbert County Fairgrounds Special Event Liquor Request Form must be completed by the Event Holder and approved by the County Manager before alcohol may be consumed on the premises. If alcohol is to be sold, included as part of an event, or provided free of charge in an Elbert County Fairgrounds facility: Event Holder must obtain the same approvals outlined above. Event Holder must hold any license or permit required by state or local government applicable to their event. Event Holder must obtain a Special Event Permit to Sell Liquor from the Town of Kiowa. Event Holder must provide certificate of insurance including liquor liability as described in the insurance section herein, and must provide documentation of completion of a state of Colorado-approved Responsible Vendor Training course within the twelve months preceding the first day of the applicable event for anyone serving alcohol If any Event Holder fails to disclose that alcohol is to be served, sold or otherwise made available, the Event Holder, participants, spectators and anyone else involved with the event are subject to removal, citation or arrest at the discretion of the Elbert County Sheriff’s Office. 4:5 Animals Event Holders utilizing an Elbert County Fairgrounds facility for any activity in which animals are used or exhibited shall comply with all applicable government agency statutes, laws, ordinances, rules, regulations, and/or order applicable to the humane care and treatment of animals. All animals must be penned, stalled and otherwise confined or under the direct control of owner or handler at all times. Persons keeping animals on the premises must use every care to ensure safety of visitors and other facility patrons/personnel. Violation of this policy may result in removal of animals from the premises. 4:6 Camping/RV Use Any use of the Fairgrounds campsite amenities shall use designated areas for camping only. The Fairgrounds Event Coordinator will work with the Event Holder to determine location parking, applicable fees and number of spaces allocated. A sanitary sewer dump station is available during posted hours of operation at an additional cost. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 5 4:7 Cancellation of Event All cancellations by Event Holder shall be in writing and effective upon receipt by Elbert County Fairgrounds Management. Elbert County shall not be responsible for any consequences, monetary or otherwise, due to cancellation by Event Holder. The maximum liability of the County to an Event Holder due to cancellation of an Event by the County, regardless of the reason for cancellation, is limited to the fees paid by the Event Holder. 4:8 Clean-Up Guidelines Each Elbert County Fairgrounds facility has its own clean-up guidelines, fees, and requirements; refer to the specific facility section for details. Failure to meet the clean-up requirements may result in partial or total forfeiture of the security deposit. Event Holders are responsible for removing trash that exceeds the capacity of receptacles provided from the Fairgrounds. Event Holders may contract with a trash removal service to do so. 4:9 Security Deposit The Event Holder shall be responsible for all damages to and any necessary clean-up of any Elbert County Fairgrounds facility and property. All costs incurred by Elbert County for replacement and/or repair of damaged property caused by the Event Holder must be paid by the Event Holder and will be billed to the Event Holder within ten (10) working days after the event. The Event Holder must post a security deposit to defray the cost of repairs and clean up at the sole discretion of Elbert County. The deposit must be submitted to the County in the form of a check that will be deposited prior to the event. The amount of the deposit will be refunded to the Event Holder if the facility and property are left in a clean state and there are no damages. The deposit shall be due and payable a minimum of 2 weeks prior to commencement of the event. Security deposit amounts are outlined in the Fairgrounds Facility Rental Fee Schedule, attached hereto as Exhibit A. 4:10 Decorations The Event Holder must remove or dispose of all decorations, signs, or other similar materials immediately following the event. Failure to do so may result in partial or total forfeiture of the security deposit. 4:11 Evacuation Site The Elbert County Fairgrounds has been designated as an evacuation site for people and animals that may be evacuated from their homes due to emergencies. In such an emergency, any event scheduled on the fairgrounds may be cancelled at the discretion of the Fairgrounds Event Coordinator and/or the Director of the Office of Emergency Management. Under such circumstances all rental fees and deposits will be refunded to the Event Holder with no other compensation due and no other liability to the County. 4:11 Event Marketing Elbert County Fairgrounds employees shall not be responsible for event promotion. The Fairgrounds office phone number as well as any Elbert County Government phone ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 6 number shall not be published or placed on any promotional material for any event or otherwise published in connection with an event. The Elbert County logo may not be used on any promotional material without the express written consent of Elbert County Fairgrounds and Elbert County Government. Elbert County will not promote an event on County website or social media platforms. 4:12 Event Planning Meetings As deemed necessary by the Fairgrounds Event Coordinator, event planning meetings will be conducted for certain events. These meeting shall be scheduled on an agreed upon date and time. All planning meetings must take place no later than three weeks prior to the scheduled event. 4:13 Event Staffing Event Holders shall provide all security, ushers, announcers, ticket takers, parking facilitators, clean-up crew and other personnel necessary to conduct the activities described in the Rental Agreement. An Elbert County employee may be on site or on call while facilities are occupied. This will be determined on an event basis and finalized during planning meetings. The Fairgrounds Event Coordinator may require the Event Holder to provide security at the Event Holders cost. 4:14 Facility Alteration Event Holders may not undertake any plumbing, electrical, telecommunications, carpentry or mechanical work on any of the facilities without prior written authorization of the Fairgrounds Event Coordinator. All alterations must be requested in writing and submitted a minimum of 30 days prior to the event. 4:15 Fire Safety Standards All fire regulations in the Uniform Fire Code (UFC) as amended and approved by the local jurisdiction shall be strictly observed. The UFC regulates the placement of tables and chairs, decorations, dimensions of all aisles and exits, and other setup details. Elbert County Fairgrounds Management will work with Event Holder during planning meetings to ensure compliance with the UFC; however, the Event Holder is ultimately responsible for compliance with the UFC. 4:16 General Compliance Event Holder agrees to comply with all applicable governmental agencies, ordinances and statutes. Event Holder assumes full responsibility for payment of all sales, use, assessments and/or fees in compliance with the Town of Kiowa, Elbert County and the State of Colorado. 4:17 Glass Containers Glass drinking containers are not permitted in any outdoor Elbert County Fairgrounds facilities or parking lots. 4:18 Hazardous Waste Event Holder agrees, at all material times Event Holder is on Elbert County property, not to have in its possession, collect, distribute, dispose, release or otherwise discharge any ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 7 toxic or hazardous waste as defined by Elbert County and/or any applicable laws. In the event the Event Holder shall be in possession of such hazardous or toxic waste, the Event Holder shall immediately notify Elbert County Fairgrounds Management and the Colorado Department of Public Health and Environmental as well as the Federal Environmental Protection Agency and such other governmental agency or body as may be required by law, relative to such materials. Additionally, Event Holder agrees not to dispose of any refuse or empty any hazardous fluids, including grease, on Elbert County property. In the event the Event Holder, or its agents, vendors, sub-licensees, concessionaires or employees dump grease in the facility sewer system, or at locations not authorized by Elbert County Fairgrounds Management, or shall otherwise violate the provisions of this paragraph, Elbert County Fairgrounds Management will look to the Event Holder and shall subject the Event Holder to a fine of $1,000.00 plus any costs incurred by Elbert County. Such fine shall be imposed by Elbert County Fairgrounds Management for each infraction and Event Holder shall be deemed in material breach of the Rental Agreement and subject to immediate termination of the Rental Agreement and removal from the property. 4:19 Health Permit Requirements When an event involves a temporary food service operation or food demonstration, the Event Holder shall be responsible for informing such exhibitors or food service operators that a health permit is required. 4:20 Indemnification To the fullest extent permitted by law, the Event Holder shall indemnify and hold harmless Elbert County, its officers, agents, employees and insurers from and against any and all claims, damages, losses, expenses and demands, including court costs, attorney’s fees and expenses, due to injuries, losses or damages arising out of, resulting from, or in connection with the Event Holder’s Event, pursuant to the Rental Agreement, if any such injury, loss or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, mistake, negligence, or other fault of Event Holder, or its officers, employees, representatives or agents, anyone directly or indirectly employed by the Event Holder, or anyone for whose acts the Event Holder may be liable; provided, however, that except for worker’s or workmen’s compensation, disability benefits or other similar employee benefit claims, Event Holder is not obligated to indemnify the County hereunder for that portion of any claims, damages, losses, demands and expenses arising out of or resulting from any grossly negligent act or omission of the County, or its officers, agents or employees. Event Holder’s indemnification obligation hereunder shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section. With respect to any and all claims against the County or any of their officers, employees or agents by any employee of Event Holder or anyone directly or indirectly employed by Event Holder, or anyone for whose acts Event Holder may be liable, the indemnification obligation described above shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Event Holder, under worker’s or workmen’s compensation acts, disability benefit acts, or other employee benefit acts. Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 8 Statutes. 4:21 Intellectual Property Event Holder will assume all costs, expenses and damages arising out of or attributed to the use of patented, trademarked, franchised or copyrighted music, materials, devices, processes or dramatic rights used at or incorporated in the Event. Event Holder agrees to indemnify, defend and hold Elbert County, its officers, agents, and employees harmless from any claims or costs, including legal fees, which might arise from use of any such material or intellectual property. The Elbert County Government logo may not be used on any promotional material without the express written consent of Elbert County. 4:22 Key Distribution Facilities key distribution will be arranged during the event planning meetings. Failure to return the keys at the specified time may result in forfeiture of the security deposit. Loss of keys may result in the expense on the Event Holders part to re-key the facility. 4:23 Liability Limitations of Parking Elbert County shall not be responsible for fire, theft, damage to or loss of vehicles or articles left therein parked on Elbert County property. Event Holders shall be responsible for requesting designated parking. Guests of the Elbert County Fairgrounds who park in any non-designated area do so at their own risk and may be ticketed or towed at their own expense. 4:24 Lost or Stolen Articles Elbert County shall not be responsible, under any circumstances, for property of the Event Holder while on an Elbert County Fairgrounds premises. Elbert County Fairgrounds Management will not accept lost and found articles for distribution; unclaimed articles must be held and distributed by the Event Holder. In addition, Elbert County Fairgrounds Management is not responsible for any loss of articles or equipment left unattended in any facility. The usage of security personnel when such equipment or articles are left in buildings or in a County Facility shall be the responsibility of the Event Holder. All articles, equipment, exhibits, displays or materials shall be brought into the facilities only at such hours as designated by the Rental Agreement. Event Holder assumes all responsibility for any goods or material, which may be placed in County’s storage before, during, or after an Event. 4:25 Smoking Smoking is prohibited at all times within all buildings owned, leased, or operated by Elbert County. Pursuant to state law, smoking and vaping are prohibited within 25 feet of any County building. 4:26 Parking Lots and Roadways Multiple events may be conducted simultaneously at Elbert County Fairgrounds. It is the Event Holder’s responsibility to coordinate with Elbert county Fairgrounds Management on parking area assignments. Marked fire lanes must be kept clear and open for police, fire, ambulance and other emergency units as well as for County maintenance workers. Parking lots are subject to availability. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 9 4:27 Reservations Event Holders must contact the Elbert County Fairgrounds Event Coordinator to determine date availability and complete a Rental Agreement and to sign a release and waiver of liability and assumption of risk agreement. Consideration may be given to the Event Holder to rent the same dates for the following year however, there is no guarantee of availability until a signed Rental Agreement is completed and submitted. 4:28 Sales Tax Collection Event Holders and Event Holder vendors are responsible for payment of all sales, use, assessments and/or fees in compliance with Elbert County, the Town of Kiowa and the State of Colorado. It is the Event Holders’ and/or vendors’ responsibility to collect and submit payment. 4:29 Security Elbert County Fairgrounds Management has the right to require event security, based on the type of event being held. Elbert County Fairgrounds Management, with the consultation of the Elbert County Sheriff’s Office, will determine event security needs. All event security plans must be submitted and approved by Elbert County a minimum of thirty (30) days prior to the event. 4:30 Sub-Leasing Event Holder may not, under any circumstances, sub-lease facilities, equipment or materials owned by Elbert County Government, without the express written consent of Elbert County. 4:31 Time of Events – Operating Hours Elbert County reserves the right to regulate the time, place and manner of proposed activities in its facilities after considering all applicable factors and interests. The terms "set up" or "tear down" shall include the use of the facilities for moving in and out in preparation of the facilities for performance of an Event. The hours for “set up” and “tear down” shall be specified in the Rental Agreement and will be at the discretion of Elbert County. For facilities that are rented hourly, Event Holders will be charged from the time designated for setup through the time designated for clean-up. If an Event Holder is in the facility past the designated clean-up time, Event Holder shall be charged for additional hour(s). 4:32 Use of or Loss of County Equipment Without prior coordination and agreement of Elbert County Fairgrounds Management, Event Holders shall not operate motorized County-owned equipment. Additionally, Event Holder shall not dispose of in any manner equipment or materials owned by Elbert County Government. 4:33 Use Restrictions Elbert County Government and/or Elbert County Fairgrounds Management may refuse event bookings when it is their opinion that the event may cause undue or unusual ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 10 damage to the facilities or that may violate local, state or federal laws, rules or regulations. Elbert County Government and/or Elbert County Fairgrounds Management may refuse Event bookings when it is their opinion that a requested Event conflicts with a similar Event previously scheduled on the premises. Once a Rental Agreement has been signed and executed and deposit has been paid in full to Elbert County, Elbert County may, in its sole discretion, agree not to schedule a like Event on any part of the Fairgrounds during the same period of time as that scheduled by the Event Holder. Elbert County Fairgrounds Policies and Procedures subject to periodic review. The policies and procedures in place at the time of the signing of the Rental Agreement shall govern. Section 5 – Payment Policy 5:1 Method of Payment Event Holders whose rental fees are in excess of $100.00 shall pay a non-refundable rental deposit in the amount of 25% of their total rental fee when they submit a completed Rental Agreement. The balance of the rental fee must be paid in full two weeks in advance of Event Holder's scheduled event. Rental fees of $100.00 or less must be paid in full when a completed Rental Agreement is submitted. The Elbert County Treasurer accepts personal, business or cashier checks, money orders, and cash. 5:2 Returned Checks Event Holders whose checks are returned by the bank for any reason will be assessed the actual return fees charged to Elbert County. Event Holder will then be required to make payment with certified funds. The Event will not be held until certified funds are received. Elbert County will not accept a reservation for a future Events from a prospective Event Holder owing monies to Elbert County. Reservations for any additional Events previously scheduled are also subject to cancellation. In its sole discretion, the County may refuse to rent facilities to any prospective Event Holder who, at any time, failed to make full payment in sufficient funds to the County within thirty (30) calendar days after the date of invoice. 5:3 Cancellation of Event A non-refundable rental deposit shall be retained by Elbert County upon the Event Holder’s cancellation of any scheduled Event two weeks or more before the scheduled Event. If the Event is cancelled two weeks or less before the scheduled dates, Elbert County may retain the entire rental fee and refund the security deposit. If Elbert County cancels the Rental Agreement for any reason, then all monies paid to Elbert County by the Event Holder shall be refunded. Any liability of Elbert County shall be limited to the fees paid by the Event Holder. 5:4 Limitation of Liabilities Notwithstanding anything herein to the contrary, Elbert County will not be liable for any indirect, incidental, special, consequential damages, or damages resulting from the use of the Elbert County facilities, however arising, including failure of voice or data lines, even if Elbert County has been advised of the possibility of such damages. Elbert County ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 11 liability will in no event exceed the amount received under a Rental Agreement for damages arising out of, relating to, or in any way connected with the Rental Agreement. Users of Elbert County Fairgrounds facilities are advised to procure Event cancellation insurance. Elbert County will not assume liability for cancellation due to emergencies or unforeseen circumstances. Recovery under such circumstances shall be limited to the amount of rental fees paid under the Rental Agreement. Section 6 – Insurance Requirements 6:1 Certificate of Insurance Event Holder must procure and maintain, at its own expense, insurance with insurers with an A- or better rating as determined by Best’s Key Rating Guide, a policy of Commercial General Liability Insurance for their event. Said insurance will provide limits as indicated herein. The policy will be applicable to all premises and operations. The policy will include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, and products. The policy will contain a severability of interests provision. The policy will also include all phases of the event (set up preparation, actual event, specific hours of occupancy and cleanup). When alcohol is served (not sold), host liquor liability as well as general liability insurance is required or a general liability policy with host liquor. When alcohol is sold, liquor liability as well as general liability insurance is required. The Event Holder will provide Elbert County Fairgrounds Management the required certificate(s) of insurance naming Elbert County, Colorado, its officers, agents, and employees as additional insured and naming the specific Event and date(s) being insured. If Event Holder hires a caterer to host and serve liquor, the caterer is required to provide liquor liability as well as general liability naming both, the Event Holder and Elbert County as additional insured. The required certificate(s) of insurance will be provided to Elbert County Fairgrounds Management at least two weeks prior to occupying an Elbert County Facility. The Event Holder will not be permitted to occupy or use an Elbert County Facility unless and until the required insurance is provided. 6:2 General Liability & Host and/or Liquor Liability Requirements HAZARD SCHEDULE INSURANCE LIMIT Single Limits Aggregate Schedule 1 $1,000,000 $1,000,000 Schedule 2 $2,000,000 $2,000,000 Schedule 3 (special risks) $2,000,000 or more as determined by the County Manager based on the risks associated with the event. Host Liquor (attendance 1-500) $1,000,000 $1,000,000 Host Liquor (attendance 500+) $2,000,000 $2,000,000 Liquor Liability (attendance 1-500) $1,000,000 $1,000,000 Liquor Liability (attendance 500+) $2,000,000 $2,000,000 ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 12 6:3 Schedule of Hazard/Risk Classifications 1. Hazard Schedule 1 – Low/Minimum Hazard Risk Aerobic Classes Antique Shows Art Festival/Shows Auctions Auto Shows or Sales Ballets Banquets Bazaars Bingo Games Boat Shows Charity Benefits Civic Club Meetings Conventions Craft Shows/Fairs Dance Shows Debutante Balls Dinner Theaters Exhibitions Expositions not involving animals Farmers Markets Flower/Garden Shows Graduations Home Shows Instructional Classes Jam and Jazz Shows Job Fairs Lectures Luncheons Meetings Musicals Night Club Shows Pageants Parties & Dances Political Rallies Prom Receptions Religious Assemblies Reunions Rummage Sales Flea Markets RV Shows Seminars Social Gatherings School Bands Scouting Events Telethons Theatrical Events Trade Shows Walk-A-Thons Wedding Receptions 2. Hazard Schedule 2 – Minimum/Moderate Hazard Risks Animal Training Bicycle Rallies Carnivals (no rides) Horse Shows, including Dog/Cat Shows Concerts Livestock Shows 3. Hazard Schedule 3 – Special Risks Animal Acts/Shows Balloon Rides Circuses Carnival Rides Motocross Races involving animals Pyrotechnics Rodeos Vehicular Races Events & Activities not listed in 1 or 2 Section 7 – Surcharges 7:1 Water Truck with Operator Arena rental includes an initial watering and grooming of the arena by county staff. If the event requires additional arena watering the event holder will be charged a surcharge listed in Section 3 for water truck and operator as well as the standard Town of Kiowa rate for the amount of water used. The additional water used will be billed to the Event Holder at the end of the month in which the event was held after the County is billed for their water use by the Town of Kiowa. 7:2 Arena Grooming with Operator Arena rental includes an initial watering and grooming of the arena by county staff. If the event requires additional arena grooming the event holder will be charged a surcharge listed in Section 3 for tractor/harrower and operator. It is advantageous for Event Holders to schedule specific times for additional grooming with county staff so as to control costs. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 13 If Event Holder cannot give specific times as to when staff will need to groom and will require a staff member to be on call during the duration of the event, the Event Holder will be charged by the hour for the duration of the event. 7:3 Skid Steer with Operator Use of horse stalls, rough stock pens and roping stock pens requires that all facilities used be cleaned of hay, refuse, shavings, other types of bedding and any other waste product. If the Event Holder wishes to use a skid steer to aid in the cleaning of facilities used, the surcharge for a skid steer with operator will be as listed in Section 3. The Event Holder will be responsible for mucking stalls and pens and putting refuse in a central location that the skid steer can easily get to. 7:4 Refuse Removal from Stalls/Pens Use of horse stalls, rough stock pens and roping stock pens requires that all facilities used be cleaned of hay, refuse, shavings, other types of bedding and any other waste product. Event Holders are responsible for removing all stall/pen refuse from the grounds. Event Holders have the option of using a trash service or remove it themselves, or they may have the County remove the refuse at the Event Holders cost. If the Event Holder wishes to have Elbert County remove the refuse, the surcharge is as listed in Section 3. 7:5 Vendor Booth Surcharge All Event Holders who wish to allow vendors booth space during their event are subject to a surcharge. The vendor booth surcharge requires the Event Holder to pay to Elbert County the surcharge listed in Section 3 for any vendor booth that utilizes the use of any utilities (including water, sewer, and electric). The vendor booths must be accounted for within 48 hours after the conclusion of the event. Payment shall be made to Elbert County within two weeks of the conclusion of the event. 7:6 Labor Surcharge Event Holders who wish to have County staff involved with any special setup above and beyond what is included with rental as stated in facility information will be charged at a rate of $35/hour/staff member. Additionally, if an event will require restroom cleaning or trash removal during the event the Event Holder will be charged at a rate of $35/hour/staff member. 7:7 Cleaning Surcharge All events taking place indoors (either in whole or in part) shall be charged a cleaning surcharge listed in Section 3. Such surcharge shall be in place during the time when COVID-19 precautions are recommended per the CDC or per declaration by the Governor’s Office of Colorado, unless expressly waived by the Elbert County Board of Health. This cleaning surcharge shall be paid prior to rental of the building, and does not include surcharges for any setup fees, including chair or table setup. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 14 Section 8 – Campgrounds 8:1 Campground Rules Elbert County shall not be liable for the loss or damage of any of the Camper’s property or any incidental, consequential, or indirect damages to Camper’s business or function. Pets must be leashed and under control at all times, on a maximum six-foot leash, and not attached to any County signs, trees, shrubs, or hydrants. Pets may not be left unattended. All pet droppings must be picked up and disposed of properly. Trash must be bagged and placed in the dumpster provided for Camper use. Sewage must be disposed of properly; the Elbert County Fairgrounds provides a sewage dump facility for an additional fee. Please coordinate usage of the dump site with the Fairgrounds Event Coordinator. Campers are allowed to stay no more than 14 days within any consecutive 45 day timeframe, absent a lease agreement between the camper and Elbert County stipulating alternative terms which shall control the rights and restrictions afforded under the lease. Campers do not obtain any legal status as a Camper at the campground. Any Camper staying longer than 14 days or violating their lease, delinquent in use fees more than 3 days or violating these rules, will be subject to removal by Elbert County. Towing will be at the owner’s expense. Between November 1 and April 1, Campers must unhook RV hoses from the hydrants. Campers may hook up to the hydrant to fill your RV holding tanks, but cannot stay hooked up to the hydrant for longer than it takes to do so. Campers will be liable for replacement costs of hydrants damaged by hoses in this manner. Elbert County will not be held responsible for any damages to your RV should you not unhook from the hydrant. Camping fees will be paid in advance prior to being admitted to the campground. Failure to pay fees in advance is grounds for being required to leave the Campgrounds/Fairgrounds. Observe campground “quiet hours,” which are between 10 PM to 6 AM. Any generators must be turned off during these hours. A maximum of six people, one RV or camper, and two vehicles are allowed per site. Any vehicles in the campground must be in running condition and have valid license plates. They must be accompanied by a vehicle able to transport it. Absolutely nothing may be hung on, from, or attached in any way, to trees, shrubs, or any County buildings or signage. Vehicles associated with a campsite must be parked within that site. Vehicles may not be parked on either side of the roadways. Additional vehicles or trailers must park in the area east of the Agricultural Building, north of the playground. Washing or repairing motor vehicles is not allowed in the campground. The restrooms in the Agricultural Building are not to be used for washing dishes or cooking items. All personal items are to be removed from the restrooms after use. Any ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 15 items left will be discarded upon regular cleaning, Campers may not have access to restrooms if the Ag Bay is rented for an event. Gas and propane grills are allowed, unless there is a fire ban in effect. Open flame fires are not permitted. Littering, including cigarette butts, is unlawful and harmful to wildlife and the environment. Elbert County is not responsible for items left at the campsites. Any violation of these rules is cause for immediate removal from the campground. Refund Policy: In the event that a Camper does not stay for the number of days for which they had pre-paid, the balance attributable to any full days not used will be refunded by Elbert County. Contact the Fairgrounds office for details. Section 9 – Fairgrounds Facility Information The Elbert County Fairground is located on approximately 53 acres in the Town of Kiowa, Colorado, west of Kiowa-Bennett Road (Ute Ave) and north of the Kiowa town center. 9:1 Elbert County Fairgrounds Site Plan Facility Dimension Area 1. RV Campground Varies Varies 2. Agricultural Building 80’ X 130’ 10,400 SF Conference Room 20’ X 40’ 800 SF 3. Warm-Up Arena 140’ X 260’ 36,400 SF 4. Beef Barn 120’ X 120’ 14,400 SF 5. Exhibit Hall 80’ X 120’ 9,600 SF 6. Horse Pavilion 105’ X 105’ 11,025 SF 7. Main Arena 150’ X 295’ 44,250 SF 8. Sheep Barn 32 ‘ X 100’ 3,200 SF 9. Poultry Barn 30’ X 56’ 1,680 SF 10. Dairy Barn 22’ X 45’ 990 SF 11. Scale House 10’ X 10’ 100 SF 12. Swine Barn 50’ X 145’ 7,250 SF 13. Goat Barn 25’ X 50’ 1,250 SF 14. Fair Office 14’ X 40’ 560 SF 15. Rabbit Barns 25’ X 50’ 2,500 SF 16. Wool Barn 18’ X 48’ 864 SF 17. Maintenance Shop 24’ X 63’ 1,512 SF 18. Open Pavilion 45’ X 50’ 2,250 SF Bay Meeting Area: 6,400 SF 9:2 Agricultural Building Bay ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 16 Agricultural Building Rental Includes: • Restrooms • Showers • Laundry facilities • Tables and Chairs to seat approximately 150 people (setup is the responsibility of the Event Holder). • Stage & Podium • Public Address System with Projector Screen (AV setup is the responsibility of County staff and must be requested in advance.) Agricultural Building Procedures: • Thermostats must be set to 50 degrees before leaving. • Put all tables and chairs back on racks and place racks along the west side of the building. • Remove all decorations from walls, ceilings and floors and remove from the premises. • Sweep all areas of Agricultural Building used. • Put the key ring back into the lock box when you are through. • Report any damage to the facility or equipment to Fairgrounds Event Coordinator immediately. • Failure to complete any of the above will result in forfeiture of security deposit and possibly deny you use of the facility in the future. Decorations: • All decorations must be removed at the end of the event. • If any decorations are to be suspended from the ceiling approval must be granted by the fairgrounds manager for said decorations before the event. • Event holder may not alter the building in any permanent manner for decorating purposes. • Event Holders may not drive vehicles or equipment into the building for any reason. Restrictions: • Smoking is not permitted in this building. • Pet bedding and/or horse blankets are not permitted in the washer or dryers. • Only humans may be bathed in the shower facility. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 17 9:3 Fairgrounds Conference Room Located in the Agriculture Building Meeting Room Space for groups of up to 40 people Conference Room Rental Includes: • Restrooms • Tables and chairs to seat approximately 40 people • Projector screen Agricultural Building Cleaning Procedures: Cleaning Supplies are located in the hall between the restrooms. • Set the thermostats to 50 degrees before leaving. • Stack chairs 7 chairs high and placed back as shown in the photos. • Chairs should be placed back against east wall as shown in photos. • Remove all decorations from walls, ceilings and floors. • Vacuum the carpet. • Empty trash can and place bags in provided dumpsters. Replace liners. • Verify that all doors to the conference room have been locked and put key ring back into the lock box. • Report any damage to the facility or equipment should be reported to Fairgrounds Event Coordinator immediately. • Failure to complete any of the above will result in forfeiture of security deposit and possibly deny you use of the facility in the future. Decorations: • Event holder may not alter the building in any permanent manner for decorating purposes. • Event Holders may not drive vehicles or equipment into the building for any reason. Restrictions: • Smoking is not permitted in this building. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 18 9:4 Exhibit Building Exhibit Building Rental Includes: • Restrooms • Use of Full Kitchen o Griddle o 6 Burner Stove o Double Oven o Industrial Refrigerator o Ice Machine o Freezer o Counters o Industrial Wash Basin • Tables and Chairs to seat approximately 250 people (table and chair setup are the responsibility of the Event Holder). • Stage & Podium • PA and Sound System (AV setup is the responsibility of County staff and must be requested in advance). • Projector Screen • Bleacher seating if arranged prior to event Exhibit Building Cleaning Procedures: (The supplies closet is located in the north end of the men’s restroom.) • Thermostat must be set to 50 degrees before leaving. • Put all tables and chairs back on racks and return to storage room. • Remove all decorations from walls, ceilings and floors. • Sweep and mop all areas of exhibit hall used. • Empty all trash cans and place bags in provided dumpsters. • If you moved the stage, please return it to the north end of the building. • Remember to put key ring back into the lock box. If the kitchen was used: • Clean stove and griddle area, scraping off all grease. • Clean ovens if used. • Wipe down all counter area and tables used. • Empty refrigerators and freezers of all your belongings. • Wipe down refrigerators if anything spilled inside. • Sweep and mop the floor. • Make sure scoop is not left in ice machine. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 19 • Empty trash and put bags in provided dumpsters. • Detailed cleaning procedures can be found on exit doors in the building. Decorations: • All decorations must be removed at the end of the event. • If any decorations are to be suspended from the ceiling approval must be granted by the fairgrounds manager for said decorations before the event. • Event holder may not alter the building in any permanent manner for decorating purposes. Restrictions: • Smoking is not permitted in this building. 9:5 Main Arena Main Arena Rental Includes: • Restrooms in Exhibit Building if arranged to use prior to event • Rough Stock Pens • 8 Stall Bucking Chutes • Roping Stock Catch Pens • Roping Chute • Stripping Chute • Outdoor Lighting • PA System in Crow’s Nest • Use of ticket building • Secured fencing around arena for ticketed events • Grandstand seating for 1500 • One time watering/grooming of arena • Use of warm up arena if needed and agreed upon prior to event The following can be added to the rental at additional cost: • Extra grooming at a rate listed in Section 3 for tractor operator. • Extra watering of arena at a rate listed in Section 3 for water tank and operator plus cost of water. See surcharges for additional information. Main Arena Cleaning Procedures: • All rough stock pens and roping stock pens used must be cleaned after event. Event holder is responsible for removing all wastes from the fairgrounds. The county does offer assistance in cleaning/removing refuse at event holders cost. • All hoses used for watering must be coiled neatly by hydrants • All trash in grandstand area must be picked up and thrown in dumpsters. • Crow’s nest must be cleaned of all trash and swept. • All arena lights and rough stock pen lighting must be turned off. Restrictions: • No glass containers are allowed in the arena or adjacent parking lots. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 20 9:6 Warm Up Arena Warm Up Arena Rental Includes: • Outdoor Lighting • PA System in Crow’s Nest • Bleacher seating for 50 • One time watering and grooming of arena The following can be added to the rental at additional cost: • Extra grooming at a rate listed in Section 3 for tractor operator. • Extra watering of arena at a rate listed in Section 3 for water tank and operator plus cost of water. Restrictions: • No glass containers are allowed in the arena or adjacent parking lots. 9:7 Beef Barn Pavilion Beef Barn Pavilion Rental Includes: • Covered pavilion with lights and many electric outlets. Beef Barn Pavilion Cleaning Procedures: • All trash must be removed and put in dumpster. • If shavings or other bedding material was used it must be removed from the fairgrounds by the event holder. • All lights must be turned off at the end of the event. Restrictions: • No glass containers are allowed in the arena or adjacent parking lots. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 21 9:8 Open Pavilion Open Pavilion Rental Includes: • Covered pavilion with lights and electric outlets. • Portable PA system • Bleacher seating for 100 Possible Uses Include: • Swap Meets • Flea Markets • Barn Dances • Vendor booth space • Picnic gathering Open Pavilion Cleaning Procedures: • All trash must be removed. Restrictions: • No glass containers are allowed in the arena or adjacent parking lots. 9:9 Horse Barn Pavilion Horse Stall Pavilion Rental Includes: • Electrical outlets • Lights Horse Stall Pavilion Cleaning Procedures: • Event holder is responsible for removing shavings and other bedding used from the fairgrounds. • All lights must be turned out after use. Restrictions: • No glass containers are allowed in the arena or adjacent parking lots. ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 22 9:10 Parking Lot Parking Lot Rental Includes: • Tables and Chairs if requested in advance • Portable PA system if requested in advance • Bleacher seating if requested in advance. Parking Lot Cleaning Procedures: • Tables and chairs must be returned to exhibit building before leaving grounds. • Remove all decorations and signage hung. • Empty all trash cans and place bags in provided dumpsters. Restrictions: • No glass containers. 9:11 RV Campground RV Camping Rental Includes: • 30 amp electric service • Water hookup service • Bathroom & shower facility • Laundry facility available Dry Camping Rental Includes: • Bathroom & shower facility • Laundry facility available Available at additional Cost: • Sewage Dump for RV’s • Deposit due for key checkout for weekend and night use of bathroom/shower facility Restrictions: • No glass containers • All dogs must be leashed when outside of RV/Camper ---PAGE BREAK--- Elbert County Fairgrounds Rental Policies effective November 1, 2020 23 9:12 Warm Up Arena Warm Up Arena Rental Includes: • Outdoor Lighting • PA System in Crow’s Nest • Bleacher seating for 50 • One time watering and grooming of arena The following can be added to the rental at additional cost (see Section 3 for rates): • Extra grooming by a tractor operator. • Extra watering of arena by a water tank and operator plus cost of water. No glass containers are allowed in the arena or adjacent parking lots.