HomeMy WebLinkAbout027288 - ORD - 05/29/2007Page 1 of 2
ORDINANCE
AUTHORIZING THE ISSUANCE OF A BEACH FESTIVAL PERMIT TO
CLEAR CHANNEL BROADCASTING, INC. FOR "C SCULPTURES," AT
GULF BEACH BETWEEN ZAHN ROAD AND THE NORTH JETTY OF
PACKERY CHANNEL ON JUNE 9, 2007; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY
WHEREAS, Clear Channel Broadcasting, Inc. ("Promoter") has submitted an
application to sponsor the annual "C -Sculptures" festival on the Gulf Beach between
Zahn Road and the North Jetty of Packery Channel that requires a beach festival permit
under Article XI of Chapter 10, Code of Ordinances;
WHEREAS, the beach along the Gulf of Mexico is subject to the Texas Open Beaches
Act: and
WHEREAS, Promoter is in the process of arranging for the appropriate support from the
City's police department, other law enforcement agencies, and private security services
to provide for traffic control, crowd control, and other security issues.
NOWTHEIFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council authorizes the City Manager, or the City Manager's
desigre, to execute a beach festival permit and contract with Clear Channel
Broadcasting, Inc. for the "C Sculptures," on the Gulf Beach between Zahn Road and
the North Jay of Packery Channel in Corpus Christi City Limits, on June 9, 2007 from
10:00 a.m. to 5:00 p.m. upon Promoter's compliance with all provisions of Article XI of
Chapter 10 of the Code of Ordinances, including but not limited to: execution of police
services agreement; approval of the fire prevention plan by the City's Fire Marshal;
obtaining required temporary certificate of occupancy by the City's Building Official;
providing bond as required in Section 10-115(4); and reimbursing City for all costs
incurred by City as required by Section 10-115 (1) Code of Ordinances. A copy of the
permit and contract is attached and will be filed with the City Secretary's Office.
SECTION 2. It is the definite intent of this City Council that every section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance be given full force and
effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance.
SECTION 3. 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
H:LEG-DIR\Lisa\Ordinance 2007 CScuptIr.BeachFes tPermit.Ord doc
027288
upon fid t reading as an emergency measure on this the ) i t day of
x.11 2007.
ATTEST:
Armafido hapa
City Secretary
APPROVED May 21 2007
v r
Lisa Aguilar
Assistant City Attorney
for Cky Attorney
H:\ EG-DIR1Lisa\Ordinance 200?1CSouptlr BeachFes.tPermit.Ord.doc
Page 2of2
OF CORP CHRISTI
Corpus Christi, Texas
TO TF€ 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.
Respectfu Ily,
Respectfully,
Henry Garre
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Humrnell
Bill Kelly
Prisci a G. Leal
John E. Marez
Nelda Martinez
Mich* McCutchon
14(
� yk
Page 1 of 7
Permit for Use of Public Beach by Clear Channel Broadcasting Inc.
"C Sculptures" 2007
Whereas, Clear Channel Broadcasting Inc. ("Promoter") of 501 Tupper Lane, Corpus Christi,
Texas, has died for a Beach Festival Permit ("permit") with the City of Corpus Christi ("City")
to conduct an outdoor music festival on Padre Island between Zahn Road and the North Jetties
of Packery Channel ("Festival Site") on June 9, 2007:
Now therefore, in accordance with Section 10-115 of the City Code of Ordinances, Promoter
agrees to the following conditions and stipulations.
1. Definitions.
a Permit 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 Pernee or Promoter means Clear Channel Broadcasting, Inc.
d Event or the Event means C -Sculptures 2007 and related activities sponsored
by Permittee.
e Festival Site means the site for the Event, more fully described on the attached
Exhibit 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$ignee.
h City Traffic Engineer means the City's Traffic Engineer or his designee.
i Tragi Control Plan means the traffic control plan prepared by the City's Traffic
Engineer, or his designee, for the Event, as shown in the attached Exhibit B.
j Police Chief means the City's Police Chief or his designee.
k Risk Manager means the City's Director of Risk Management or his designee.
1 City Attorney means the City's Attorney or designee.
2. Term. This Permit is fora term of one (1) day, June 9, 2007.
3. Festival Site. City grants to Promoter a permit to conduct the Event on the
propey generally described as follows:
Page 2 of 7
Gulf beach on Padre Island located between Zahn Road and North jetty of Packery
Channel, from the water line to the sand dunes.
4. Fastiva l Site Revisions. Activities by Permitee will be limited to the above
descr$bed Festival Site. If Permitee wishes to use any additional City -owned areas for
its accvities, it must obtain prior written approval from the Parks Director. If Exhibit A
is revised, a new Exhibit will be filed with the City Secretary and Parks Director and
supersede the existing Exhibit. Any new Exhibit becomes effective upon its filing with
the Clay Secretary
5. Event Layout Diagram. Permitee has provided to the Parks Director a diagram
explaining the Event layout, copy attached as Exhibit A.
6. Siecial Event Fee. Permitee must pay City applicable Parks and Recreation
Specie Event Permit fee and applicable Traffic Engineering permit fee.
7. Payment of City Costs. Permitee shall pay to the City of Corpus Christi ("City") the
reasonable value of any lost, damaged, or destroyed park or beach facilities in the vicinity of the
festival. Permittee 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 these services provided by the Parks & Recreation Department, the Traffic
Engineering Department. and the Police Department.
The City will invoice Permittee 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 Permittee, 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
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.
Permittee will pay City's Costs, if any, as billed within 30 days after City tenders
invoice to Permittee
b. Late Fee. Permittee's failure to pay the undisputed charges on City's invoice
wi iin 30 days after submittal to Permittee shall result in a late payment fee being
assessed against Permittee. 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 be added to the net amount payable to the City.
Page 4 of 7
15. Dine Protection Plan. Promoter has a duty to protect the dunes and is responsible for
mitigating any damage to the dunes caused by the beach festival. A copy of the Dune
Protection Plan is attached (Exhibit D).
16. Most rooms, Drinking Water and First Aid. Promoter must provide adequate
portable rest rooms, including restrooms for people with special needs, and drinking
water for the public. Throughout the duration of the Event Promoter shall also provide
the Bowing: (1) A readily identifiable first aid station with two certified paramedics; and
(2) an emergency beach vehicle [four wheel drive "Gator"].
17 insurance. Promoter 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
requirements of the City's Risk Manager as shown in the attached Exhibit G. The City
must be named as an Additional Insured on all liability policies.
In addition, Promoter must provide copies of all insurance policies to the City Risk
Manalter upon City Manager's written request.
18. l*demnity. Promoter must indemnify and hold City, its officers,
agents aid employees ("Indemnitees") harmless of, from, and against
all dims, demands, actions, damages, losses, costs, liabilities,
expanses, and judgments recovered from or asserted against
lndehinitees on account of injury or damage to person or property to
the epdent 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
Indea?nitees or on the part of Promoter or any of its agents, servants,
employees, contractors, patrons, guests, licensees, or invitees
entering upon the Festival Site pursuant to this Permit, to set up and
take domm, hold, attend or participate in the Event and associated
activities, with the expressed or implied invitation or permission of
Promoter, or when any injury or damage is the result, proximate or
rem0e, of the violation by Indemnitees, Promoter, or any of its
agents, servants, employees, contractors, patrons, guests, licensees,
or invitees 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 Festival Site described in this
Permit or out of the use or occupancy of the improvement to the
Festival Site or the Festival Site itself by Indemnitees, Promoter, its
agents, servants, employees, contractors, patrons, guests, licensees,
or invitees. These terms of indemnification are effective whether any
injury or damage may result from the sole negligence, contributory
Page 3of7
8. Deposit. No deposit is required for this Permit.
9. Co struction. Temporary or portable buildings, structures, or improvements at the Festival
Site shall meet all city building codes and be kept in a safe, sanitary and sightly condition. Upon
the ewiration of the permit, all temporary or portable buildings, structures, and improvements
placed on the Festival Site by Promoter shall be removed and Promoter shall restore Festival
Site to its former condition
10. Bond. Promoter shall furnish the bond required under Section 10-115 (4) of the City Code
of Ordinances.
11. B$rricatles, Traffic Signs. Permittee provide barricades and traffic signs required
by the City Traffic Engineer that include temporary directional signage to the nearby
attracions/'facilities affected by any street closures and traffic circulation around the
Event, as shown in the Traffic Control Plan (Exhibit B). Promoter shall affirm and
demonstrate that the Festival Site is accessible from existing beach access roads and that the
festivae will not block or unduly interfere with beach access roads or normal beach traffic or
interfere with normal beach use by those not participating in the festival.
12. Cileanup. Promoter shall promptly, by no later than 11:59 p.m. June 10, 2007, remove all
garbage, trash, debris and refuse from the Festival Site and shall promptly, by no later than
11:59 p.m June 10 2007, restore the Festival Site to its former condition. However, if Promoter
fails to comply with this subsection Promoter agrees to reimburse the City, within 30 days of
receipt of invoice, for City's costs to restore the Festival Site to its former condition. The Clean
Up PIen (Exhibit C) is attached. Promoter must require all food and beverage vendors to
clean a designated zone adjacent to their respective booths at regularly scheduled
intervals. Promoter may designate the zone, but it will not be less than 10 feet by 20
feet in the immediate area around each food and beverage booth. The clean up will be
hourly and immediately after closing the Event each day. All trash cleaned up must be
properly deposited in a trash bag provided by Promoter and taken to a location
designated by Promoter.
13. Compliance with laws. Promoter shall not discriminate against any person or group on
the basis of race, color, religious preference, ethnicity, national origin, disability, or sex and that
all facities provided in connection with the beach festival shall be reasonably available to all
persons in attendance. Promoter shall observe and comply with all applicable laws, ordinances,
regulations, and rules of the federal, state, county, and city governments, at its sole expense.
Promoter agrees to comply with all provisions of Article XI, Chapter 10, City Code of
Ordinances, including but not limited to: executing Police Services Agreement (Exhibit E);
securing approval of the Fire Prevention Plan (Exhibit F) by the City's Fire Marshal; obtaining
required temporary certificate of occupancy by the City's Building Official; and reimbursing City
for all costs incurred by City as required by § 10-115 (11) Code of Ordinances.
14. Security. Permittee must provide licensed peace 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. Security Plan is attached as Exhibit H. 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 above.
Page 5of7
negligence, or concurrent negligence of Indemnitees, but not if that
damage or injury results from gross negligence or willful misconduct
of the Indemnitees. Promoter covenants and agrees that if City is
made a party to any litigation against Promoter or in any litigation
commenced by any party, other than Promoter relating to this Permit,
Promoter shall defend City, with counsel acceptable to the City, upon
recut of reasonable notice regarding commencement of that
litigation.
19. Safety Hazards. Promoter, upon notice of identified safety hazards by the City
Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety
hazard immediately or as otherwise provided in the notice of safety hazards.
20. Permits. Promoter must obtain and pay for all permits necessary to comply
with Cty, State, and Federal laws and give a copy of each permit to the Parks
Director. In particular, Promoter must also obtain a Temporary Promotional Event
Permk from the City Building Inspection Department and an Alcohol Permit from the
Parks and Recreation Department, if alcohol will be sold at the Event. Promoter must
notify the Parks Director of any special conditions imposed by any permitting agency.
Promoter 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
21. Electrical & Water Services. Electrical and water service is not provided on
the Fostivat Site. 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
resposibility of Promoter to call each inspector for an appointment to inspect and get
approval for each temporary service before the Event begins.
22. Fire Lanes. Promoter must, at all times, during the Event and the non-
exclusive use period, maintain fire lanes upon the Festival Site as may be designated
by Cites Fire Chief The fire lanes must be kept clear of all obstructions.
23. Assignment. Promoter may not assign or transfer this Permit or make any
alteralon therein without the prior written consent of the City.
24. Termination. Any failure on the part of Promoter to perform any of the
covenants contained in this Permit, or any breach of any covenant or condition by
Promter entitles City to terminate this Permit without notice or demand of any kind,
notwithstanding any license issued by City, and no forbearance by City of any prior
breach by Promoter 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 Promoter and
those sums inure to the benefit of City as a set-off against any debt or liability of
Promoter to City otherwise accrued by breach of this Permit.
Page 6of7
25. Not Partnership or Joint Venture. This Permit may not be construed or
deend 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 Promoter by the
City are compensation for provision of City services as described herein and for the
right of Promoter to use public property for the limited purpose described in this Permit.
26. 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,
Promoter relieves City from all liability that may result from the premature closing of the
Event.
27. Elitire Permit. This Permit and the attachments and exhibits referred to in this
Perm* constitute the entire Permit between the City and Promoter for the use of the
Festival Site for the Event.
28. Exhibit*: Exhibits to this Agreement are as follows: Exhibit A — Description of
Festive' Site; Exhibit B — Traffic Control Plan; Exhibit C — Clean up Plan; Exhibit D —
Dune Protection Plan; Exhibit E - Police Services Agreement; Exhibit F — Fire
Prevention Plan: Exhibit G — Insurance; and Exhibit H - Security Plan.
29. haterpratation. This Permit will be interpreted according to the Texas laws that
govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this
Perm was 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 Permit
does not render the other provisions unenforceable, invalid, or illegal.
30. Modifications. No provision of this Permit may be changed, modified, or
waived, unless in writing signed by a person duly authorized to sign agreements on
behalf of each party.
Executed this the
day of , 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved May 17. 2007
Lisa Aguilar
Assistant City Attorney
For City Attorney
George K. Noe
City Manager
Page 7of7
Clear Channel Broadcasting, Inc.
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2007,
by , as of Clear Channel Broadcasting, Inc., on
behalf of said Texas corporation
Notary Public, State of Texas
Printed Narne & Seal
1111111111101111MM1111111111111111111111. • • ••• • •
• • • • • • • • • • • • • • • um •
Command
POST
FIRE,
POLICE
fliMS
Electric Tan
10 \ 10
NAVY
10 x 10
No Jellies
10 x 10
*1 choice
Insurance
10 x 10
U.S.
Marines
10 x 10
Additional VIP Parking
15 spaces
HORSESHOES
40 X 50
U.S.
Tobacco
10 x 20
AT&T
10 x 10
PACKERY JETTIES
CHAMPION
MAZDA
10 x 30
d9., 1I9IHX3
0
ZAH�`N ROAD j
EXIT ONLY
NEWPORT PASS
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BEACH ACCESS
ROAD #3
ENTRANCE
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D
THE 30TH ANNUAL C-101 C -Sculptures
Clean Up Plan
In accordance with C -101's application for an Outdoor Music Festival Permit for the 30th
Annum C-101 C -Sculptures event being held June 9, 2007, at J.P. Luby Park on the
North Jetty at Packery Channel 10 am — 5 pm., a plan of action for the purpose of trash
removal and to return the event site to its original state will be implemented. This plan
of actin includes assistance from Clear Channel Radio Broadcasting employees,
volunteers secured by Daiquiri Richard with the Beautify Corpus Christi Association
(BCCA) and assistance from citizens from the community. Below is an outline of how
this plan will be executed to ensure that our commitment will be met.
Clear Channel Corpus Christi's four (4) FM broadcast signals, KNCN, 101.3; KRYS,
99.1; KMXR 93.9; and KSAB 99.9 and two (2) AM broadcast signals, KKTX 1360 and
La Preciosa 1400, will combine their resources and power to promote the removal of
trash from the beach by visitors to the area. These resources include using the
individual station broadcast signals to make public service announcements promoting
beach clean up, station websites. with posted tips and information to educate the public
about the environmental impact of litter, plus the use of station volunteers who will
collect trash from the event site on June 9, 2007.
OUTSIDE THE VENUE
C-101 will conduct a contest to encourage citizens and visitors to take a proactive
approach to cleaning up not only their trash but also the trash of their neighbors as well.
Through a series of promotional announcements, C-101 will promote a contest to
reward individuals who collect trash the day of the event. It will be conducted in the
followg manner A trash collection center will be designated on site (see site map).
BCCA volunteers will hand out trash bags throughout the event site to encourage
people to keep their areas clean and to instruct them to return the bags to the trash site
prior to them leaving for inclusion into a drawing from C-101 for prizes including dinner
gift certificates, concert tickets, vouchers to theme parks and other station promotional
items. Everyone who turns in their trash bag(s) will be entered into the contest.
Drawing will be held the following Monday at the studio and announced on air.
INSIDE THE EVENT VENUE
Clear Channel Broadcasting will hire personnel to cleanup the venue site at J.P.Luby
Park Area from Noon — 7 pm on Saturday, June 9. Personnel will work with Clear
Channel staff to be sure trash bags are disposed of when full in the event venue site
and pt perly set into the dumpsters. Two 10 yard dumpsters will be placed inside the
venue and picked up on Saturday evening by hired disposal company.
We wig coordinate with Bill Davis of the S.P.U.R.S program to conduct a beach clean up
on Sunday, June 10 and Monday, June 11 and if necessary Tuesday, June 12, 2007.
The clean up will be done in the area from Zahn Road to Access Road 3 .
30TH ANNUAL C-101 C -SCULPTURES
ON DUNE PROTECTION PLAN
Friday, June 8, 2007 — Saturday, June 9, 2007
Corpus Christi, TX
raviyon 5/23,07
TWO WEEKS PRIOR
We will run a heavy promotional schedule informing the public about the
environmental importance's of the dunes/sea oats and the importance of
keeping the dunes in their natural state.
FIRDAY JUNE 8
We will station both private security and off duty CCPD at key areas
around the dunes to prevent access.
STUTAY JUNE 9
We will station both private security and off duty CCPD at key areas
around the dunes to prevent access.
We will also be making hourly announcements from our festival area stage
reminding attendees to protect the dune area.
CONTRACTUAL AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
CLEAR CHANNEL BROADCASTING, INC.
CONTRACT FOR POLICE SERVICES
This contract to provide specific additional police services on an overtime basis for the
outdoor concert. festival and contest known as C -Sculptures (hereinafter referred to as "C -
Sculptures") is made and entered into this, the day of May, 2007, by and between the
City of Corpus Christi, a Texas home rule municipal corporation, acting by and through its
authorized City Manager or designee, and Clear Channel Broadcasting, Inc. (hereinafter
referred to as Clear Channel). a corporation, acting by and through its duly authorized agent
or designee.
WHEREAS Clear Channel desires to contract with the City for additional overtime police
services to provide law enforcement, traffic and crowd control services to provide for safety
and protection of the public before, during and immediately after the above-described C -
Sculptures event; and
WHEREAS the City, by and through its Police Department, desires to assist in this effort by
providing additional police services to the C -Sculptures event on an overtime basis;
NOW. ['HEREFORE, Clear Channel and the City agree as follows:
Scope of Services
The City agrees to provide for the benefit of Clear Channel a reasonably sufficient number of
sworn police officers, as determined by the Chief of Police, including appropriate supervisors,
on an overtime basis to perform law enforcement, traffic and crowd control services in and
around the festival grounds and to enforce all local and state laws. Sworn officers shall at all
times remain part of, subject to and in direct relationship with the Police Department's chain
of command and shall remain subject to Police Department rules, regulations and operating
procedures.
It is expressly understood that the Police Department shall be responsible for the
compensation of the officers and all employee benefits, as well as for any injuries to the
officers, their property, or the City ' s property, while performing law enforcement duties for
the festival.
The City agrees that it will provide the officers, along with such equipment as may be
necesasary, and reasonable, in order to allow the police officers to carry out the duties
antictated under this agreement.
Reimbursement
Clear Channel agrees, in consideration for the additional police services, to reimburse the City
for the City's actual costs of compensating all assigned officers' overtime wages or
equivalent, based on each officer's overtime rate of pay. Reimbursement to the City will
consist of a monetary payment of 50 percent of said actual costs, and the remaining 50 percent
will be provided by Clear Channel to the City in the form of commercial radio broadcast
airtime for the City's use on radio stations which have a broadcast signal that includes the
City of Corpus Christi. The City will use said airtime to provide information, advertisements
or public service announcements.
The City agrees to provide Clear Channel with an invoice itemizing employee identification
numbers, hours worked performing assigned duties under this contract, and supervisory
approval and verification of the Payroll Time Sheets within 30 days of the conclusion of this
C -Sculptures event. to be held on .lune 9`f' and 10`h, 2007.
Clear Channel agrees to make monetary payment in -full for 50 percent of the amount listed on
the invoice within 30 days after receipt of said invoice, and to provide the aforementioned
broadcast airtime to the City for its use within one year of the date of execution of this
agreement.
Termination
This agreement shall terminate within one year from execution or upon conclusion of the C -
Sculptures event, provision of the City's invoice, payment by Clear Channel, and provision by
Clear Channel and use by the City of the broadcast airtime, whichever occurs first.
Construction of Laws
This contract is made and entered into in the City of Corpus Christi, Nueces County, Texas.
Any and all questions of law arising hereunder shall be construed in accordance with the laws
of Texas and venue shall be in the appropriate court in Nueces County where the contract was
executed and will be performed.
Entire contract
This contract of three pages constitutes the entire agreement between the parties. If any word,
phrase, paragraph, section or article of this contract is found to be invalid, unconstitutional or
illegal by final judgment of a court of competent jurisdiction, it does not affect any other
word, phrase, paragraph, section or article of this contract, because it is the intent of the
parties that every word, phrase, paragraph, section or article of this contract be given its full
force and effect.
ATTEST:
Clear Channel Broadcasting, Inc. Date
Autleirized Representative
Arnido Chapa,
City Secretary
City of Corpus Christi
Geo a Noe
City tanager,
City of Corpus Christi
APPIOV AS TO FORM:
Josef Harney
Assi4ant City Attorney
City of Corpus Christi
Date
Date
Date
30TH ANNUAL C-101 C -SCULPTURES
ON SITE FIRE PLAN
Friday, June 8, 2007 — Saturday, June 9, 2007
Corpus Christi, TX
erWof+ 5/13(07
MIDDAY, JUNE 8 —
Corpus Christi Police department will be on site from:
6 pm — Midnight -Two (2) CCPD (off Duty) posted in the venue area
Midnight — 8 am - Two (2) CCPD (Off Duty) in venue area
SSTUI?AY, JUNE 9 —
Fire inspection will take place Saturday morning approximately 0900 after
site is fully erect.
Each both that is 10 x 20 feet or larger will have a fire extinguisher
lam — 6 pm Sadurday June 9 — Two (2) Deputies will be stationed at Zahn
Road. One (1) Deputy will be posted at Zahn Road (entrance to festival
site) Private EMS will be on site.
7am — 6 pm Saturday June 9 CCFD and CCPD will have their RV's on site
EXHIBIT
INSURJCE REQUIREMENTS
A. Promoter must not commence work under this Lease Agreement until all insurance required herein
has been obtained and approved by the City. The Promoter must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been obtained.
B. Promoter must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the
followingminimum coverage by insurance company(s) acceptable to the Risk Manager. The City
must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non-
renewal,inaterlal change or termination is
required on all certificates
Bodily Injury and Property Damage
Per occurrence aggregate
COMMERCIAL GENERAL LIABILITY including
1 Commercial Form
2 Premises — Operations
3 Products/ Completed Operations Hazard
4 Contractual Liability
5 Broad Form Property Damage
6 Itldependent Contractors
7 Personallnjury
$1,000,000 Combined Single Limit
LIQUOR LIABILITY
1 Vendors providing and i or selling alcohol
$1,000,000 Combined Single Limit
AUTOMOBILE LIABILITY -- Owned, Non -owned or
rented vicles
1 Contractors & Subcontractors delivering tents,
stapes, bleachers, temporary structures and
large items
2 Promoter workers and volunteers
$500,000Combined Single Limit
AT A MINIMUM , STATUTORY LIMITS of $20,000 /
$40,000 for BODILY INJURY & $15,000 for PROPERTY
DAMAGE
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
Required if Promoter employs any person other than
himself/herself:
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
$500,000
ACCIDENT POLICY FOR VOLUNTEERS
$5,000 MEDICAL PAYMENTS per PERSON
$10,000 DEATH or DISMEMBERMENT per PERSON
C. In the event of accidents of any kind, Promoter must furnish the Risk Manager with copies of all
reports of any accidents within 10 days of the accident.
2007 C Sculptures ins req.
5-21-07 ep Risk Mgmt
II. ADDITIONAL REQUIREMENTS
A. Promoter must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and with endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in amounts sufficient to ensure that all
workers' compensation obligations incurred by the Promoter will be promptly met.
C.
Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability
coverage, and a blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording after
"left", In the alternative, a copy of policy endorsement with the required cancellation
language is required.
• The name of the event, including exact dates including move -in and move out
dates shall be shown under the Description of Operations/ Locations / Vehicles/
Special Items
• At a minimum, a 30 -day written notice to the Risk Manager and Parks and
Recreation Director of cancellation, material change, non -renewal or termination is
required
If the Certificate of Insurance 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 specifically stating whether items 1.B. (1)-(7) are included or
excluded
2007 C Sculp*ires ins. req.
5-21-07 ep Relic Mgmt.