Barron County Building Use Policy

Transcription

1 Barron County Building Use Policy Purpose/Policy Definition: Barron County Facilities are primarily used for official County functions by elected officials and staff. This policy governs the use of public areas of buildings or facilities owned, leased or otherwise occupied by Barron County Government and that are used for the conduct of County business. This policy shall not apply to County facilities rented or leased to third parties. Overriding Principle: Use of Buildings by Other Non-Profit Organizations: It shall be the policy of Barron County that the 1964 Building use policy, Resolution #21, dated shall continue to be adhered to as much as practicable. To be made available to all responsible County-wide organizations, and such organizations shall be responsible for any damages to buildings, fixtures and equipment. Overriding Principle: Use of Buildings by For-Profit Organizations: Barron County facilities shall not be available to public or private for-profit organizations. Room Availability Criteria Government Center: Primary Rooms Available: First Floor: Rooms 110 A&B, 111 and Veterans Memorial Auditorium Secondary Rooms Available: Second Floor: 2151, 2152 Rooms Available Primarily for Extension Related Activities: Second Floor: East Conference Room First floor rooms shall be those that are primarily available to the public, second floor rooms shall be reserved primarily for County and related County functions except the East Conference Room which shall be reserved primarily for Extension and related Extension Activities. Room Availability Criteria Justice Center: None available to the general public due to needing a secure environment. Room Availability Criteria University of Wisconsin Barron County Campus: Room availability to be determined per University of Wisconsin policies. 1

2 Order of Priority for Use: #1. County Board, County Board Committees, Boards and/or Commissions #2. County Departments #3. County Staff for purposes of County Business #4. Other Governmental Entities #5. Non-Profit Organizations directly related to County Departments or Functions #6 Non-Profit Organizations not related to County Departments or Functions #7. General Public Use Directly shall be defined as those non-profit groups which receive a monetary appropriation from the County and/or are an integral part of the programs offered by Barron County. If a scheduling conflict arises between the above groups, the higher priority user will have the reservation priority. Any conflicts arising between groups will be resolved by the County Administrator. Use of Barron County facilities must be for a lawful purpose, must not interfere with county government functions, operations and/or business. The County reserves the right to implement a user fee for non-profit users if a user does not fully comply with this policy. Attorneys, mediator and other court related personnel conducting court related functions have open access to the conference rooms set aside for their purposes at the Barron County Justice Center. Attorneys, mediator and other court related personnel conducting non-court related functions have access to rooms at the Barron County Government Center, (LaSalle Avenue), in the same Order of Priority for Use as General Public Use. The County or its representatives must have free access to all rooms at all times. Weekend Usage: Weekend usage of Barron County facilities will be for those non-profit organizations directly related to County Departments or Functions only. All weekend activities are to be coordinated through the Maintenance Supervisor as needed. The County will not provide snow removal for weekend activities. 2

3 Return of Key or Electronic Entrance Devices: All users needing a key or electronic entrance device will return these to the Administration office within 24 hours or by Monday at noon after the completion of an event. If these devices are not returned within the allotted time a fee will be assessed to the applicant named on the Facility Use Application, equal to the cost of replacing all outside locks, (2011 costs $900). County policy shall be that when an organization checks out a key or electronic entrance device they will pay a deposit of $20 which will be returned to them if returned within the time frame as outlined above. Definition of Terms Functions occurring in county facilities shall not violate any City of Barron, Barron County, State of Wisconsin or federal applicable laws, ordinances or regulations. There shall be no smoking or use of other tobacco products on County property. There shall be no alcoholic liquors or beverages brought to or consumed in the building or on County property. There shall be no partisan political activities, political news conferences, or other events designed to announce or support any candidate for public office regardless of party or nonparty affiliation in county facilities. Permission to use Barron County facilities shall not in any way constitute an endorsement of the user group or individual, or their policies and activities. Outside organizations may not store property on County property. Signs, emblems, banners, pennants, etc. may not be affixed to any building surfaces, steps, walls or light fixtures. User groups may use any of the approved bulletin boards, or cork strips available in hallways or meeting rooms. In addition, users may affix notices no larger than 8 ½ x 11 inches to the windows of entrance doors to direct meeting participants to proper meeting locations. Advertising items that are self-standing may be put into place before the scheduled start of the meeting or event, and must be removed at the conclusion of the meeting Equal Access This policy shall apply to all groups and individuals that have requested use of the public areas of County facilities and grounds as defined in this policy. No group or individual shall be excluded from equal access to said grounds and facilities because of considerations of gender, race, sexual orientation, religious or political persuasions or views. However, use may be denied or terminated if there is a violation of the rules set forth in this policy and/or if the use poses health or safety risks. 3

4 Liability Any non-barron County Governmental group using the public use areas of County facilities as defined in this policy shall: 1. Be required to release the County from any liability for damages caused to the user or its property during the times of use. 2. Hold the County harmless from any liability to third parties for injury caused by the group or any persons or groups to attend the event. 3. Be liable to the County for any damages to the County property or injuries to County employees or agents caused by the group or by a person attending the group s events, whether or not the damage is the result of negligence, intentional acts or accident. The granting of permission to use County facility space does not obligate the County to furnish any applicant with any service or utilities, or to render any support regarding personnel, fixtures, equipment or supplies. The County may furnish such assistance as it, in its sole discretion, determines appropriate. The County does not warrant that any County facility space, fixtures or equipment is fit for any purpose, and the County shall not be responsible in case of damage or injury to property or person or the loss of individual property which may arise out of, result from, or be in any manner connected with the use thereof. The applicant is held responsible for preservation of order. Each group shall discuss in detail all supervision that it plans to use. In the event that a question arises relative to either the quality or quantity of supervision, the County will have the final say. It is the user entity s responsibility to ensure that adults properly supervise all children. If charges are involved, it is expected that a check will be forwarded directly after receipt of the billing. The County may require custodial or other employees to be present. If the County incurs additional costs for these services, the cost will be charged in addition to rental fees. Indemnification and Liability Insurance Non-Barron County Governmental groups understand and agree that using space, fixtures and equipment may expose user and others to risks. Such users voluntarily agree to assume all such risks, and to release and hold harmless Barron County and the County s supervisors, directors, officers, employees, volunteers and agents from and against any and all claims regarding 4

5 damage to property or injuries to or death of any person(s), and to defend, indemnify and hold harmless Barron County and the County s supervisors, directors, officers, employees, volunteers and agents from any and all claims, demands, suits, actions or proceeding of any kind in nature, of or by anyone whatsoever, in any way resulting or arising out of activities, action or inactions of the user group. A representative of all non-barron County Governmental groups shall sign an indemnification release (DOA-103-A) prior to reserving space. Barron County reserves the right to require a public user of County facilities to provide adequate liability insurance prior to the use of County facilities. Space Arrangement, Equipment and Fixtures and Utilities At the conclusion of the permissible use, the user entity shall arrange the space in the original configuration and condition. Tables, chairs, fixtures and other equipment may not be moved or removed from their assigned locations without permission from the Department of Administration. User entities shall be responsible for any costs of repair or replacement incurred as a result of action or inaction by the user entity during approved use of the space. Non-county organizations are not allowed to use the sound system and projection system in the auditorium and in conference rooms. The County may provide wireless internet only. All electrical equipment and arrangements shall be in the charge and control of the County or its representatives. User entities or their representatives shall not adjust heating or lighting. Process for the Scheduling of Facilities To reserve a room, contact the County Clerk or Department of Administration. (Exception: To reserve the Emergency Operations Center, contact the Sheriff s Office.) Activities relating to the Barron County Extension Office are to be coordinated through that office and Maintenance Supervisor as necessary. Cancellation of Permission and Right to Refuse Permission In the event County government is declared closed due to inclement weather or other reasons, any permission to use the facility or grounds is automatically withdrawn during the closure period. In such an event, the County shall not provide notice of cancellation. Notices of Courthouse closure are generally announced through local radio broadcasts. Users shall be solely responsible for notifying event participants if a closure of the Courthouse or Justice Center occurs. 5

6 Notwithstanding the above closure notice, the County reserves the right to cancel, move or preempt scheduled use of a County facility and further reserves the right to access and enter the reserved space at any time. The County further reserves the right to refuse permission to use County facilities. Rental Rates: Barron County s policy is to not rent to for profit organizations. Barron County does not charge a rental rate for any duly organized 501(C)(3) or 501(C)(4), nonprofit organization. Security Deposit: None. Policy Interpretation Interpretation of the policy shall be at the direction of the County Administrator. 6

7 BARRON COUNTY Department of Administration Facility Use Application (DOA-103-A) User group, by and through applicant, requests to use space in the Barron County Courthouse or Justice Center: Applicant Information Name of User Group: Tax Exempt No.: Address of User Group: Purpose of Use: Date Use Requested: Expected Attendees: Hour(s) Requested: Applicant Name: Work/Cell Phone Number: Fax Number: Address: Additional Information: Regulations 1. The County of Barron (County), by and through its designee, reserves the right to cancel, move, or preempt scheduled use of County Facility space (space), and reserves the right to access or enter space. County reserves the right to inspect any equipment or apparatus brought into Space, and to limit or prohibit the use of any such items it determines may affect the safety or normal operation of the specific County facility, or as County sees fit. 2. The responsibility for permissible space setup and restoration rests solely with the User Group (user). At the conclusion of allowed space use, the space is to be arranged in the configuration and condition it was found in. Any questions 7

8 regarding space configuration should be directed to the Department of Administration. Tables, chairs, fixtures and any other equipment may not be removed from their assigned location without permission from the Department of Administration. Inquiries regarding available equipment should be directed to the Department of Administration. User is responsible for keeping the space, fixtures and equipment in good operating condition, and shall be responsible for any costs of repair or replacement incurred as a result of action or inaction by user. 3. No alcoholic beverages shall be served, consumed or otherwise brought into a County facility, and no persons impaired by alcohol shall be permitted in those County Facilities. In addition, the smoking of tobacco products and the use of smokeless tobacco products is prohibited by Barron County Ordinances and County reserves the right to charge user for any costs incurred by County due to use or misuse of space, fixtures, and equipment. User is expected to ensure space, fixtures, and equipment are left as they were found, in a clean, undamaged, presentable and organized manner. In the event cleaning, repair or other actions are necessary due to the actions or inactions of user, the security deposit or user shall be debited such costs and any remaining costs shall be charged to user. User may be assessed reasonable costs, and barred from future use of any space at County discretion, for violation of the written Barron County Building Use Policy. User may not reserve or use any space unless user has paid all costs and amounts due regarding prior usage of any space. Indemnification and Liability Agreement 1. User understands and agrees that in consideration of being allowed by County to use space, including if applicable fixtures and equipment, user, to the fullest extent permitted by law: 1) Waives all liability of County and releases County from all liability regarding use of space, fixtures and equipment; and 2) Agrees to indemnify County and to hold harmless County from any costs or liabilities incurred as a result of use of space, fixtures and equipment. 2. User understands and agrees that County does not warrant that any space, fixtures and equipment is fit for any purpose, and that County shall not be responsible in case of damage or injury to property or person or loss of individual property which may arise out of, result from, or be in any manner connected with use thereof. It is the responsibility of user to ensure that all children are properly supervised by adults. 8

9 3. User understands and agrees that using space, fixtures and equipment may expose user and others to risks. User voluntarily agrees to assume all such risks, and to release and hold harmless County and County s supervisors, directors, officers, employees, volunteers and agents from and against any and all claims regarding damage to property or injuries to or death of any person(s), and to defend, indemnify and hold harmless County and County s supervisors, directors, officers, employees, volunteers and agents from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting or arising out of activities, actions or inactions of user. 4. User in no way construes the use of space as a County endorsement of user, its programs, objectives or viewpoints, and County does not make such an endorsement. User agrees to comply with all Federal and State laws, and with the rules of the specific County Facility containing the space. 5. User understands and agrees that this Application and Indemnification and Liability Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Wisconsin, that Wisconsin law shall control this agreement, that any disputes that arise from this agreement shall be resolved in a Wisconsin Court, and that if any portion of this agreement is held invalid, it shall be severed from this agreement and the balance of this agreement shall continue to be in full force and effect. By signing below the undersigned Applicant represents and acknowledges that Applicant is duly authorized agent of user, is duly empowered and authorized to execute this Application and Indemnification and Liability Agreement on behalf of user and to bind user to its terms, and agrees that user: 1) Has accurately described the proposed use of space; 2) Has read, understands and agrees to follow the specific written Barron Building Use Policy (said specific Policy is incorporated herein and made part of this document by reference); and 3) Accepts responsibility for all space, fixtures and equipment use, guarantees payment of any and all costs, fees and use charges, agrees to promptly pay for any damage resulting from use or misuse of space, fixtures or equipment, and accepts and agrees to be bound by the liability and other clauses above. Signature of Applicant on Behalf of User Group Applicant s Name and Title Printed or Typed Date 9

10 FOR OFFICE USE ONLY Beverage $ Rental $ Custodial $ Other $ Total $ Special Instructions: Facility is is not available on date(s) desired. Approved Rejected County Board of Supervisors By: Date: By: Date: 10

11 Resolution No WHEREAS, several years ago the Barron County Board of Supervisors adopted a resolution restricting the use of Courthouse facilities to meetings or conferences directly connected with the affairs of county government, WHEREAS, the new Courthouse includes a Veterans Memorial Auditorium and other conference rooms; NOW, THEREFORE, BE IT RESOLVED, that the meeting and conference rooms including the Veterans Memorial Auditorium be and are hereby made available to Veterans organizations and other organizations directly connected with the affairs of county government of Barron County, and BE IT FURTHER RESOLVED, that the County Clerk s Office be and is hereby charged with the responsibility of maintaining a meeting and conference calendar and make all assignments for meeting and conference rooms including the Auditorium, jury room and Circuit Court chambers when such space is available. RESOLUTIONS COMMITTEE Niel McDonald Donald Frolik Norman Fankhauser On motion, duly seconded to adopt. On motion by Laurence Nelson, duly seconded to amend resolution to read to be made available to all responsible county wide organizations, and such organizations shall be responsible for any damages to building, fixtures and equipment. Amendment adopted. Resolution adopted as amended April 22, Dates: Original passage U:\property\FINAL - Barron County Building Use Policy.docx 11