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HomeMy WebLinkAbout027247 ORD - 05/08/2007ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH EPIC SPORTS AND ENTERTAINMENT, LP FOR US WIND AND WATER OPEN 2007 (FORMERLY VELOCITY GAMES) AND RELATED ACTIVITIES TO ALLOW USE OF MCGEE BEACH, MCCAUGHAN PARK, AND SKATE PARK DURING MAY 10 THROUGH MAY 14, 2007; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Epic Sports and Entertainment, LP for US Wind and Water Open 2007 (formerly Velocity Games.) A copy of the lease agreement in substantial form is attached as an exhibit The Agreement provides for exclusive use of McGee Beach, McCaughan Park and Skate Park during period of Thursday May 10 through Monday May 14, 2007, and nonexclusive use of such areas on May 9 and 10, 2007, all as described in the Lease agreement SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of May, 2007 ATTEST: Armando Chapa City Secretary Approved: May 1, 2007 By:.) -z. 4 L� _ ,: .. Lisa A guar, Assistant/City Attorney for City Attorney THE CITY OF CORPUS CHRISTI A.u,/4AA A I LAditlii He ry Garre Mayor 027247 Page 1 of 11 Lease for US Wind and Water Open 2007 State of Texas Know All By These Presents: County of Nueces This Lease is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipal corporation, acting through its duly designated City Manager, and Epic Sports and Entertainment, LP, a Texas limited partnership, ("Lessee") acting through its duly designated Agent to produce the US Wind and Water Open 2007 (formerly known as Velocity Games), and in consideration of the covenants contained in this document. 1. Definitions. a Lease means this document, including all attachments and exhibits that are referred to in this document b City means the City of Corpus Christi, a Texas home -rule municipality. c Lessee means Epic Sports and Entertainment, LP. d Event or the Event means US Wind and Water Open 2007, formerly known as Velocity Games 2007 and related activities sponsored by Lessee. e Premises means the site for the Event, more fully described on the attached Eiibit A. f City Manager means the City's City Manager or his designee. g Parks Director means the City's Director of Parks and Recreation or his de$ignee. h City Traffic Engineer means the City's Traffic Engineer or his designee. i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or his designee. for the Event, as shown in the attached Exhibit B. j Police Chief means the City's Police Chief or his designee. k Risk Manager means the City's Director of Risk Management or his designee. 1 City Attorney means the City's Attorney or designee. 2. Te*n. This Lease is for a term of five (5) days, commencing on Thursday May 10, 2007 aid ending on Monday May 14, 2007. Lessee will be entitled to exclusive use of the Premises for a period of four (4) days from Noon on Thursday May 10, 2007 through 10:00 A.M. Monday May 14, 2007, and non-exclusive use of the Premises for Page 2 of 11 the purposes of set-up on Wednesday and Thursday May 9 and 10, 2007 and for purposes of take-down on Monday May 14, 2007. 3. Promises. City grants to Lessee the privilege of using the City property described on the attached Exhibit A to conduct the Event. The property is generally described as follows: a. McCaughan Park: The City property (referred to generally as McCaughan Park) bounded on the west by West Shoreline Blvd., on the east by East Shoreline Blvad ("ESB"). on the north by Park Ave. ("PA"), and on the south by Furman Ave. ("FA"�; b. McGee Beach: The City property referred to generally as McGee Beach. Le$see must at all times keep the Seawall Walkway free of obstructions and must keep spectators off the breakwaters. No specific area of the bay will be reserved and the City will not furnish boat patrol of the bay. Lessee shall furnish motorboat water rescue patrol, with safety personnel on the boat, during the Event; c. Parking Lot: (1) The parking lot bounded on the south by Park Ave. and adjacent to the north side of McCaughan Park, bounded on the west by West Shoreline Blvd , and on the east by East Shoreline Blvd.; and d. Skate Park. Skate park located at Cole Park. 4. Premises Revisions. Activities by Lessee will be limited to the above described Premies. If Lessee wishes to use any additional City -owned areas for its activities, it must obtain prior written approval from the Parks Director. No concession stands, rides, or other structures or apparatuses may be placed by Lessee on the grass or shrub -covered areas of the Premises except as provided by the site plan and Event Layout Diagram in the attached Exhibits A, respectively, without prior written approval from the Parks Director. If Exhibit A is revised, a new Exhibit will be filed with the City Secretary and Parks Directer and supersede the existing Exhibit. Any new Exhibit becomes effective upon its filing with the City Secretary 5. Evert Layout Diagram. Lessee must provide to the Parks Director a diagram explaining the Event layout at least 30 days prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Lessee must pay City applicable Parks and Recreation Special Event Permit fee and applicable Traffic Engineering permit fee. 7. Payment of City Costs. In consideration for use of City property Lessee will pay the City within sixty (60) days after the Event ends the actual cost incurred by the City related to the Event, including but not limited to the cost for those services provided by the Parks & Recreation Department, the Traffic Engineering Department, and the Police Department. Page 3 of 11 The City will invoice Lessee for these costs within thirty (30) calendar days after the Event. The invoice will itemize the City charges for services rendered. Upon written request of Lessee. the City will furnish reasonable supporting documentation of the charges within ten (10) calendar days a. Costs. City's Costs in assisting with the Event may include: 1. Damages to City property related to the Event, which will be billed at the cost of repair. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments, at the rates set by the City as described in section 7.b. below. 3. Costs of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers assigned. Lessee will pay City's Costs, if any. as billed within 30 days after City tenders invoice to Lessee. b. Notice of Costs. For planning purposes only, attached as Exhibit C are estimates of the rates and costs for City Services that may be provided for the Event. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Lessee representatives and execute an exhibit describing City Services to be provided for the Event and the cost to be paid to City. That exhibit shall be attached as Exhibit D. Notwithstanding the cost shown in Exilibit D, Lessee shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit D. c. Late Fee. Lessee's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Lessee shall result in a late payment fee being assessed against Lessee. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will .Pe added to tie_ net -amount payable4o-the City. 8. Deposit. No deposit is required for this lease. 9. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 If to Lessee: Epic Sports and Entertainment, LP Jessica Davila -Burnett 508 N. Mesquite Street Corpus Christi, TX 78414 (361) 877-8435 FAX (361) 880-3864 e -mal SallyG@cctexas.com e-mail MichelleT@cctexas.com FAX (361) 877-8435 email: jessicaedavila@yahoo.com Page 4 of 11 10. Parking. Lessee will provide parking and signage for people with disabilities in close; proximity to the Event entrance and defined on the Premises map (Exhibit A) and gent Layout Diagram. In addition, Lessee will provide parking passes for City persoinnel scheduled to work during the actual Event. 11. Barricades, Traffic Signs, Security. Lessee must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by any street closures and traffic circulation around the Event, as shown in the Traffic Control Plan (Exhibit B). For the 2007 Event, however, no Exhibit B shall be attached, as no street closures are being requested. Instead, such barricade and traffic requirements shall be detailed in the applicable Traffic Engineering permit. Lessee must provide uniformed Security Officers for the Event assigned functions during set up and take down of the Event, during the Event and after the Event closes each night until it opens the next day. City will provide crowd control and traffic control for the Event as the Police Chief determines is necessary and include costs of Police Officers as described in Section 7 above. 12. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Lessee's Agent may request inflatilble advertising only for events that receive national television exposure, which must be pre -approved by the Parks Director prior to being installed. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. Lessee must pay the cost of additional signage. 13. Rbst rooms, Drinking Water and First Aid. Lessee must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. Throughout the duration of the gent Lessee shall also provide the following: (1) A readily identifiable first aid statioli with two certified paramedics, (2) an emergency beach vehicle [four wheel drive "Gator"], and (3) motorboat water rescue patrol, with safety personnel on the boat. 14. Ir*urance. Lessee must furnish to the Risk Manager proof of Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must comply with the requirments of the City's Risk Manager as shown in the attached Exhibit E. The City must be named as an Additional Insured on all liability policies. Lessee must furnish the Certificates of Insurance in at least the minimum amounts included in the attached Exhibit E. to the City's Risk Manager two (2) weeks prior to the non-exclusive use period. Page 5 of 11 Lessle must require all volunteers to sign an accident waiver form that Lessee must keep on file. This form must be submitted to the City Attorney for approval. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents at the same time that the reports are forwarded to any other interested parties in addition, Lessee must provide copies of all insurance policies to the City Risk Manager upon City Manager's written request. This insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director 15. Indemnity. Lessee must indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent that any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Lease, to set up and take down, hold, attend or participate in the Event and associated actives, with the expressed or implied invitation or permission of Lessee, or when any Injury or damage is the result, proximate or remote, of the violation by Indemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invites's of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises described in this Lease or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether any injury or dame may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if that damage or injuryresufts from gross negligence or willful misconduct of the Indemnitees. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall defend City, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that litigation. Page 6 of 11 16. Safety Hazards. Lessee, upon written notice of identified safety hazards by the City Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety hazard within six hours or as otherwise provided in the written notice of safety hazards. 17. Damages to City Property. Parks Director will provide to Lessee a list of damages to City property within two (2) days after the close of the Event. Lessee will restore all items on the list within three (3) days after receipt of the list. If Lessee fails to restore all items on the list, Parks Director may do so and invoice Lessee for Costs, as set out in Section -7 above. Lessee or its agent must fill and compact all holes in grassy areas made by Lessee or any entity or person participating in the Event. Parks Director must approve fill materpal. Any subsidence within the Premises must be additionally filled by Lessee or its agent until no subsidence occurs. 18. Pavement, Curbs, Sidewalks, Seawall. Any work that involves holes or other changes in the pavement, curbs or sidewalks or seawall requires the prior written approval of the City's Director of Engineering Services; provided, however, no approval will be given if that work will require subsequent repairs by the City. 19. Pefnits. Lessee must obtain and pay for all permits necessary to comply with City, State, and Federal laws and give a copy of each permit to the Parks Director. In particular, Lessee must obtain a Regatta Permit from the Coast Guard to use the waterwllays for its Events. Lessee must also obtain a Temporary Promotional Event Permit from the City Building Inspection Department and an Alcohol Permit from the Parks end Recreation Department, if alcohol will be sold at the Event. Lessee must notify the Parks Director of any special conditions imposed by any permitting agency. Lessee must require all vendors to obtain and comply with appropriate permits from the City -County Health Department for sale of foods and protection of the public welfare. 20. Cleanup. Lessee must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Lessee may designate the zone, but it will not be less than 10 feet by 20 feet in the immedte area around each food and beverage booth. The clean up will be hourly and immedtely after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Lessee and taken to a location designated by Lessee. If there are any storm water inlets anywhere within the Premises, Lessee must install screens, approved by Stormwater-Utility Division, across all storm water inlets along Shoreline and within any closed streets within the Premises and along parade routes. Drainage must not be blocked. Lessee must remove the screens after the close of the Event. However, Lessee must remove screens (along with any trash that has accumated over the screens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or designee. Page 7 of 11 21. Construction. The construction work for displays, stages, and other structures must be conducted in accordance with City building codes and restrictions. These structures must be removed within the non-exclusive use period in Section 7. Construction that causes damages will only be allowed if Lessee provides the Parks Director prior written assurances that Lessee will remedy said damages in accordance with Section 17 above. 22. Temporary Buildings. All temporary buildings moved onto Premises for the Eventmust be placed and remain on trailers to promote expeditious removal. All temporary buildings must be removed within the non-exclusive use time period. 23. Electrical & Water Services. Electrical and water service is not provided on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Division is required in order to install electrical service for the Event. A Certificate of Occupancy is included and must be used to have all temporary services (such as food, electrical, plumbing, tents, and structures) inspected. It is the responsibility of Lessee to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. City authorizes Lessee to access and temporarily modify City's existing electric service distribution center in McCaughan Park in order to distribute electric service to Premises. Lessee, at Lessee's sole expense shall remove the modifications within ten (10) days after the Event. Modifications shall comply with Section 19. Permits of this Lease. Lessee shall reimburse City (under Section 7 of this Lease) for electric service consurned during the Term of this Lease. 24. Peilmisstble Vendor Location Markings. No paint or semi-permanent marking will be permitted that in any way obliterates or defaces any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 25. Dispute Resolution. City and Lessee agree that any disputes that may arise between them concerning this Lease, such as determining the amount of damage to City property related to the Event, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the Cigf Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within 10 days after the written decision of the City Manager has been sent to Lessee. In the event of an appeal, the decision of the City Council will be final. This Lease in no way waives Lessee's rights to seek other legal remedies during the appeals process. 26. Fire Lance. Lessee must, at all times, during the Event and the non-exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief The fire lanes must be kept clear of all obstructions. Page 8 of 11 27.Aseignment. Lessee may not assign or transfer this Lease or sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 28.Tetrrninatiion. Any failure on the part of Lessee to perform any of the covenants contained in this Lease, or any breach of any covenant or condition by Lessee entitles City to terminate this Lease without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Lessee shall constitute a waiver by or estoppel against the City. In case of any termination City is entitled to retain any sums of money paid by Lessee and those sums inure to the benefit of CNy as a set-off against any debt or liability of Lessee to City otherwise accrued by breach of this Lease. 29. Right of Lessee to Use Public Property and Streets. Lessee acknowledges that the control and use of public property and streets is declared to be inalienable by the Cir and except for the use privilege granted herein, this Lease does not confer any right, title, or interest in the public property and streets described herein. The privilege to use the City property and public streets granted herein is subject to the approval of the City Council as required by City Charter and ordinance and the compliance by Lessee with the terms and conditions contained within this Lease. 30. NotPartnership or Joint Venture. This Lease may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities Payments received from Lessee by the City are compensation for provision of City services as described herein and for the right of Lessee to use public property for the limited purpose described in this Lease. 31. Cor Ipliance with Laws. Lessee must comply with all applicable federal, state, and local laws and regulations including without limitation compliance with the requirements of the Americans with Disabilities Act, all at Lessee's sole expense and cost. 32. Non«discrimination. Lessee warrants that it is and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 33. Security. Lessee must provide uniformed Security Officers during set up and take down of the Event, during the Event, and after the Event closes each night until it opens the next day. Lessee will assign these Security Officers to certain tasks. These Security Officers must be off duty City police officers that are paid directly by Lessee; provided, however, the Police Chief may determine that a security guard service will be adequate for the Event. If the Cr's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed off-site traffic Page 9 of 11 control. The Police Officers will be assigned duty stations by the Police Chief, or his designee Lessee shall pay to City the cost for these services as provided in Section 7 above. 34. Cancellation of Event. City Manager, or his designee, reserves the right, at all times and in his sole discretion, to cancel the Event if cancellation is necessary to protect the public health. safety, or welfare. If the Event is cancelled under this section, Lessee relieves City from all liability that may result from the premature closing of the Event. 35.Erdire Lease. This Lease and the attachments and exhibits referred to in this Lease constitute the entire Lease between the City and Lessee for the use of the Premes for the Event All other Leases, promises, and representations, unless contained in this Lease, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and the attachments and exhibits referred to in this Lease, of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. 36.Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Leasewas entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid, or illegal. 37.Modifications. No provision of this Lease may be changed, modified, or waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party Executed in Duplicate Originals on LESSEE Epic Spo and Entertainment, LP By: ("- 4 13 OKA& Name essica Davila -Burnett, Manager, J2 Sports and Entertainment, LLC, sole genera partner of Epic Sports and Entertainment, LP , 2007. Page 10 of 11 STATE OF TEXAS COUNTY NUECES This instrument was acknowledged before me on , 2007, by of Jessica Davila -Burnett, Manager of J2 Sports and Entertainment, LLC, sole general partner of Epic Sports and Entertainment, LP, a Texas limited partnership. Notary Public, State of Texas Printed Name: Seal: Expiration Date: ATTEST: Armando Chapa City Secretary APPROVED May 1, 2007 Lisa Assisnt C Attorney For City Attorney STATE OF TEXAS COUNTY Of NUECES Page 11 of 11 CITY OF CORPUS CHRISTI George K. Noe City Manager This instrument was acknowledged before me on , 2007, by George K. Noe, City f Inger of the City of Corpus Christi, a Texas home -rule Municipal Corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: 1L L J QU1 N 0 m W Z_ J W 0 CD Cu_ ac C O >- ww 00 13 QU W Z w Z UJ U 0 M L.LJ - O N W i EVENT LAYOUT AND EMERGENCY LANE LOCATION 1:-: w CO m Ih US WIND AND WATER OPEN 2007 Epic Sports and Entertainment, LP Estimated Expenses** P-xk„t,;t C Park and Recreation Expenses Pao* Operations: 1.) Barrels 2) Restroom cleaning (1 person) $330.00 $500.00 Street Department Expenses* Street Department Services: .) In the Del Mar Subdivision as per our standard plan. Set up Friday morning before 9am and take down Monday morning before 9am. Labor $530.00 Vehicles $50.00 Equipment $84.00 2.) Along the north bound lane of Shoreline on the Seawall side from Holiday Inn to 50 feet north of the Wiener Schnitzel stand. Set up on Thursday afternoon before the end of the work day and take down on Monday before 9am. Labor $160.00 Vehicles $15.00 TOTAL: 51,669.00 * Street Department Expenses — Lost cones will be additional expense. Costs of lost cones are as follows: 28" cones are $1 5/each and 42" cones are $45 each. **US Wind and Water Open 2007 may or may not use all services estimated on this sheet. EXHIBIT I. INSURANCE REQUIREMENTS A. Lessee must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City The Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all "iabili'y policies, and a blanket waiver of subrogation is required on all applicable policies TYPE OF INSURANCE 30 -Day wt*ten notice of cancellation, non- renewal, Mated* change or termination is required en all certificates COMMERCIAL GENERAL LIABILITY Ind :,dinc 1. Corn mercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury WATERCAFT LIABILITY :1;5(,i.. 000 Como;ned Single Limit MINIMUM INSURANCE COVERAGE Boc!'sly Injury and Property Damage Per occurrence aggregate $1,000.00C Cornbined Single Limit LIQUOR Llii<1BILITY 1. Vendors providing and / or selling alcohol ;4)1 G00.000 Cornbined Single Limit r AUTOMOPILE LIABILITY -- Owned, Non -owner car rented vehicles 1. Conctors & Subcontractors delivering tents, stag rs, bleachers, temporary structi es ant-, largo items $500,000Combined Single Limit AT A MINIMUM . STATUTORY LIMITS of $20,000 / 2. Lessee workers and volunteers ;:,1 ,,uv,0 for BCDIL'"' INJURY & $15,000 for PROPERTY DAMAGE WORKERS' COMPENSATION EMPLOYERS' LIABILITY f:eouiired if Lessee employs any person other than l i�:elfrherself: W1 -;;CH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS I EXHIBIT $5C'0 000 ACCIDENT POLICY FOR VOLUNTEERS 5':00 MLDICAL PAYMENTS per PERSON , )C,o DEATH H cr LiSMEMBERMENT per PERSON C. In the event of accidents of any kind. Lessee rr ust furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2007 Velocity Games.tns. req. 3-29-07 ep Risk Mgmt II ADDITIONAL REQUIREMENTS C. LesOee must obtain workers' cornpensa :ion ' verage through a licensed insurance company in accordance with Texas law The contract for coverage must be written on a policy and with endorsements approvec by the i exai; Department of Insurance. The workers' compensation coverage provided must be in 'mounts sufficient to ensure that all workers' compensation obligations incurrec by the Lessee will be promptly met. Certificate of Insurance: • The City of Corpus Christi dust be -J med as. - additional insured on the liability coverage, and a blanket waiver of st bi-ogation is required on all applicable policies. • If your insurance company uses the sr.ai card ACORD form, the cancellation clause (bottom right) must be amended by .i_iding the wording "changed or" between "be" and "canceled and deleting le 'words " e rioeavor to", and deleting the wording after "left". In the alternati'v'e, A copy c] a policy endorsements with the required cancellation language is required. • The name of the event, including exact elates including move -in and move out dates shall be shown udder ihe C:. :ripticn cf Operations/ Locations / Vehicles/ Special Items. • At a minimum, a 30 -day written r ,. tic to the :isk Manager and Parks and Recreation Director of c ancel,at:ior;. r !-ate .rlA change, non -renewal or termination is required. If the Certificate of Insur i ice does not show on its face the existence of the coverage required by items 1.6 (1 , 7)_ an authorized representative of the insurance company must include a letter speciiic�. y st; it ,.- whether items 1.B. (1)-(7) are included or excluded. 2007 Velocity Games ins. req 3-29-07 ep Risk Mgmt. Corpus Christi, Texas _ day of MC, 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respee fully, Council Members Respectfully, Hery Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Mrez Jesse >Noyolwa Mark Scott 027247