HomeMy WebLinkAboutC2022-061 - 4/8/2022 - NA AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND DUKE IT OUT BOXING
CLUB FOR JUNIOR BOXING EVENT AT THE AMERICAN BANK CENTER
THIS AGREEMENT ("Agreement"). is between the City of Corpus Christi ( City')
a Texas home-rule municipal corporation, and Duke It Out Boxing Club ("Organizer). a
Texas nonprofit corporation, whose business address is 10818 Grand Teton, Corpus
Christi, TX 78410, for an event to be held at the American Bank Center Arena, located at
1901 N Shoreline Blvd., Corpus Christi, TX 78401
NOW, THEREFORE. the City and Organizer agree as follows'
1. The City is the owner of the above-described American Bank Center Arena
("Facility"), which is subject to a management between the City and SMG. the
operator of the Facility The management agreement allows the City, acting through
its City Manager or designee, to authorize the use of the Facility, at reduced rates.
by non-profit organizations located in the Corpus Christi area
2. The City hereby agrees to authorize the use of the Facility by Organizer for a junior
boxing event that is to take place from June 10 to June 12, 2022, with event setup
beginning June 9. 2022, at 3:00 p.m., and event takedown ending prior to 12 00 noon
on June 13, 2022.
3. Organizer's event is a junior boxing event, featuring two boxing rings The event is
expected to include 400 participants and attract 3,000 visitors to Corpus Christi.
Anticipated attendees include representatives from USA Boxing.
4. In recognition of the economic impact this event represents, the City and Organizer
agree as follows:
a. The City will waive all rental and use fees for the event including costs of the
use of its contractor's staff. The City will direct its contractor to make the Facility _
available to Organizer free of charge.
b. The City will direct its contractor to make parking available to all event
attendees free of charge.
c. The City will direct that 100% of the door entry fees (ticket sales) collected be
provide to Organizer. Organizer agrees that all fees received from the event
will be used to provide funding for the lease of a new facility located in the City
of Corpus Christi that will be dedicated to serving at-risk youth
d The City will direct its contractor that no alcohol may be sold or served in the
Facility during the event. The City's contractor may allow concessions of food
and non-alcoholic beverages during the event in accordance with its
• management agreement with the City.
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„ _ SCANNED
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e. The City will pay $10,000 from its Hotel Occupancy Tax Fund to South Texas
Amateur Boxing Association of United States Amateur Boxing, Inc., for hosting
the event at the Facility. Such funds will be disbursed in two equal payments
on or before April 10, 2022 and May 10, 2022 The City may require a separate
agreement with South Texas Amateur Boxing Association of United States
Amateur Boxing. Inc.
f Insurance. Organizer must deliver a certificate of insurance ("COI"). as proof
of the required insurance coverages, to the City's Risk Manager. Additionally.
the COI must state that the City will be given at least 30 days' advance written
notice of cancellation. material change in coverage, or intent not to renew any
of the policies. The City must be named as an additional insured The City
Attorney must be given copies of all insurance policies within 10 days of the
City Manager's written request. Insurance requirements are as stated in
Exhibit A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety
g. Liability Release. Organizer will provide a written legible release executed by
the parent or legal guardian of each minor participant in the form attached
hereto as Exhibit B. Said liability releases must be submitted at least ten days
prior to the first activity each season.
h. INDEMNIFICATION. By execution of this Agreement and. in
consideration of being allowed to use the Facility, Organizer
agrees to indemnify and hold harmless the City of Corpus
Christi and its officers, officials, employees, representatives.
and agents (collectively, the "City") from and against any and
all claims, demands, actions, damages, liabilities, losses.
cost, expenses, and judgments, including court costs and all
reasonable attorneys' fees, recovered from and asserted
against the City on account of injury or damage to persons or
property (including, without limitation on the foregoing,
workers' compensation, death, and premises defects) to the
extent any such injury or damage may be incident to. arise out
of, or be caused by, either proximately or remotely, wholly or
in part, an act or omission, negligence, or misconduct on the
part of the City or on the part of the Organizer or any of its
• employees, servants, members, patrons, guests, licensees, or
invitees entering upon the Property to use, occupy, maintain.
or improve the Property under the scope of this Agreement or
in violation of any law, ordinance, or governmental order of
any kind. Organizer agrees that these terms of indemnification
are effective upon the final execution of this Agreement and.
whether such injury or damage may be caused by or result
from the sole negligence, contributory negligence, or
concurrent negligence of the City but not if such injury or
damage may be caused by or result from the gross negligence
or willful misconduct of the City. Furthermore. Organizer
agrees that, in case the City or any of its officers, officials,
employees, representatives, or agents is made a party to any
litigation against the Organizer or in any litigation commenced
by any party other than the Organizer, the Organizer shall,
upon receipt of notice, and at its own expense, investigate all
claims, demands, or lawsuits, attend to their settlement or
other disposition with counsel satisfactory to the City
Attorney, and pay all charges of attorneys and other costs and
expenses of any kind whatsoever. The provisions of this
indemnification survive the termination of expiration of this
Agreement.
5. Notice. Any notice required under this Agreement must be given by hand delivery'.
certified mail. postage prepaid, or e-mail with a confirmed read receipt and is
deemed received on the day e-mailed or hand-delivered or on the third day after
postmark if sent by certified mail. Contact information for purposes of notice may be
updated by sending notice in accordance with this provision Notice must be sent as
follovvs.
To Organizer:
Duke It Out Boxing Club
Attn: Andres Jose Luis
10818 Grand Teton Dr.
Corpus Christi, TX 78410
Phone'
E-mail
To City.
City of Corpus Christi
Attn: Andrea Gardner. Assistant City Manager
Address: 1201 Leopard Street
Corpus Christi. TX 78401
Phone: 361-826-3869
E-mail: AndreaGa@cctexas.com
6. Termination. Should the Organizer, in any respect, fail to comply with the terms of
this Agreement. violate any City Ordinance. abrogate the purpose and intent of this
Agreement, or misuse or abuse the Property the City shall give written notice to the
Organizer in accordance with Section 5 above and. if such occurrence is not
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• corrected within 24 hours, the City shall have the right to immediately terminate this
Agreement. This paragraph shall not relieve the Organizer from any liability for any
act for which it is responsible for damages.
7. Organizer must reimburse the City for any costs to repair damage caused by
Organizer or participants in the event. Further. Organizer must reimburse the $10,000
provided to South Texas Amateur Boxing Association of United States Amateur
Boxing. Inc. within 30 days after receiving an invoice for such funds if Organizer does
not hold the event on the dates specified above
8. The term of this Agreement will begin on the date of last signature and expire on the
later of August 12, 2022 and the date on which the event has completed and all
required costs have been paid by each Party.
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9. This Agreement constitutes the entire agreement between the parties concerning the
subject matter of this Agreement and supersedes all prior negotiations,
arrangements. agreements, and understandings. either oral or written, between the
parties.
10. The Organizer may not assign this Agreement, either in part or in whole, without the
prior written approval of the City Manager, or designee.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on
the date of last signature.
City of Corpus Christi Duke It Out Boxing Club
By 1 -- . -'
By. _
Name: �r� ,k(e)al-\4-1- Name Andrei 6,2S
Title: ktTitle: re,5 K (11 4.
_.......... ...
Date: 0ff2z_- DateDate: Cy30Q ? ._�__ ...._..
App ved as to leg form.
N By. Jk Cg-1
Aimee Alcorn-Reed Assistant City Attorney
for the City Attorney
EXHIBIT A
INSURANCE REQUIREMENTS
ORGANIZER'S LIABILITY INSURANCE
A. Organizer must not commence work under this agreement until all insurance required has
been obtained and such insurance has been approved by the City. Organizer must not allow
any subcontractor Agency to commence work until all similar insurance required of any
subcontractor Agency has been obtained.
B. Organizer must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and Auto
Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
C. In the event of accidents of any kind related to this agreement, Organizer must furnish the
Risk Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Organizer must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by the Organizer will be promptly met.
B. Organizer shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Organizer's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A- VII.
C. Organizer shall be required to submit a copy of the replacement certificate of insurance to
City at the address provided below within 10 days of the requested change. Organizer shall
pay any costs incurred resulting from said changes. All notices under this Article shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Organizer agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide 30 calendar days advance written notice directly to City of any,cancellation,non-
renewal, material change or termination in coverage and not less than 10 calendar days
advance written notice for nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of
coverage, Organizer shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Organizer's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Organizer's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Organizer to remove the exhibit hereunder,
and/or withhold any payment(s) if any, which become due to Organizer hereunder until
Organizer demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Organizer may be held responsible for payments of damages to persons or property
resulting from Organizer's or its subcontractor's performance of the work covered under
this agreement.
H. It is agreed that Organizer's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
2021 Insurance Requirements
Ins. Req. Exhibit 4-D
Contracts for General Services
11/17/2021 Risk Management—Legal Dept.
Exhibit B
CITY OF CORPUS CHRISTI
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration of my participation in the junior boxing event at the
American Bank Center ("Activity"), and other valuable consideration, I
hereby RELEASE, WAIVE, COVENANT NOT TO SUE AND
DISCHARGE the City of Corpus Christi, its officers, servants, agents, and
employees (hereinafter referred to as RELEASEES) from any and all
liability, claims, demands, actions and causes of action whatsoever arising
out of or related to any loss, damage, or injury, including death, that may
be sustained by me, or to any property belonging to me, WHETHER
CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise,
while participating in such Activity, or while in, on or upon the premises
where the activity is being conducted or in transportation to and from said
premises.
2. To the best of my knowledge, I can fully participate in this Activity. I am fully aware of risks
and hazards connected with the activity, including but not limited to the risks as noted herein, and I
hereby elect to voluntarily participate in said activity, and to engage in such activity knowing that the
activity may be hazardous to me and my property.
3. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS,
PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me,
or any loss or damage to property owned by me, as a result of being engaged in such an Activity,
WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
4. I further hereby AGREE TO INDEMNIFY AND HOLD
HARMLESS THE RELEASEES from any loss, liability, damage or costs,
including court costs and attorney's fees, that may occur due to my
participation in said Activity, WHETHER CAUSED BY NEGLIGENCE
OF RELEASEES or otherwise.
5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of
my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not
alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the
above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless
Agreement shall be construed in accordance with the laws of the State of Texas.
6. I UNDERSTAND THAT THE CITY OF CORPUS CHRISTI WILL NOT BE RESPONSIBLE
FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY I MAY SUSTAIN AS A RESULT
OF MY PARTICIPATION IN SAID ACTIVITY.
7. I ALSO UNDERSTAND THAT I AM RESPONSIBLE FOR ANY THIRD-PARTY INJURY OR
PROPERTY DAMAGE I MAY CAUSE.
IN SIGNING THIS WAIVER AND HOLD HARMLESS AGREEMENT, I ACKNOWLEDGE
AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement,
understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or
inducements,apart from the foregoing written agreement,have been made.As the Parent or Guardian of a
participant, I agree to execute this release of liability on behalf of participant. I acknowledge the risks and
dangers associated with the activity and I voluntarily accept and assume liability and the possibility of
injury, damage, death or loss resulting there from on behalf of the participant. I waive any and all claims
and agree to release, hold harmless and indemnify the City of Corpus Christi, and its officers, officials,
employees, representatives, and agents (collectively, the "City" and the "Releasees") on behalf of
participant.
PARENT/GUARDIAN SIGNATURE Date
Participant's Name