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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 w c) z BEACH ACCESS ROAD #3 ENTRANCE ONLY n 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.