HomeMy WebLinkAbout028199 ORD - 06/09/2009ORDINANCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A USE
PERMIT AGREEMENT WITH MATTHEW PEVETO DBA MUSTANG MUSIC
GROUP FOR USE OF CORPUS CHRISTI BEACH DURING JUNE 10, 2009
THROUGH JUNE 16, 2009 FOR ZIEGENBOCK MUSIC FESTIVAL; PROVIDE
FOR PAYMENT OF 100% OF ALL CITY COSTS PLUS $2,500.00; 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 use permit
agreement with Matthew Peveto dba Mustang Music Group for ZiegenBock Music Festival on
Corpus Christi Beach. A copy of the use permit agreement is on file with City Secretary. The
Agreement provides for use of Corpus Christi Beach during June 10 through June 16, 2009,
as described in the agreement. The Agreement also provides for payment of 100% of all city
costs plus $2,500.00.
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 or ' ance is passed and takes effect upon first reading as an
emergency measure this the day of June, 2009.
ATTEST:
1 U c
Armando Chapa
City Secretary
Approved:Juwci, 200q
By: ot°,-vk4
Lisa Aguilar
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
a4Z
Joe Adar
Mayor
028199
Corpus C risti, Texas
Day of
, 2009
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.
Respectfully, Respectfully,
rag.kiw,n,c
Joe A me
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez A
Nelda Martinez U
Mark Scott Arelik
028199
Page 1 of 14
ZIEGENBOCK USE PERMIT
State of Texas §
Know All By These Presents:
County of Nueces §
This Use Permit Agreement is between the City of Corpus Christi, a Texas home -rule municipal
corporation ("City"), acting through its City Manager or designee, and Matthew Peveto dba
Mustang Music Festival, acting through Matthew Peveto, ("Promoter") and in consideration of
the covenants contained herein.
1. Definitions.
a. City - means the City of Corpus Christi, a Texas home -rule municipal corporation.
b. Premises - means the site for the ZiegenBock Event, as more fully described on the
attached and incorporated Exhibit A.
c. Event - means the ZiegenBock Music Festival on Corpus Christi Beach.
d. City Manager - means the City's City Manager or designee.
e. Parks Director - means the City's Director of Parks and Recreation or designee.
f. City Traffic Engineer - means the City's Traffic Engineer or designee.
g. Police Chief - means the City's Police Chief or designee.
h. Risk Manager - means the City's Director of Risk Management or designee.
i. City Attorney - means the City's Attorney or designee.
j. City Secretary - means the City's City Secretary or designee.
2. Term. This Agreement takes effect upon execution by the City Manager. Matthew
Peveto dba Mustang Music Group will be entitled to use of the Premises on Saturday June 13,
2009 from 9:00 a.m. to midnight for the Event. The use periods are more fully described in
Exhibit B incorporated and attached hereto. City Manager may authorize amendment to
Exhibit B.
3. Premises. City grants to Promoter the privilege of using the following described City
property solely to conduct its Event: Corpus Christi Beach pavilion located at end of Breakers
Avenue, and Corpus Christi Beach area located between Breakers Avenue and Hotel Place.
4. Premises Revisions. Request by Promoter for use of additional City -owned areas
requires prior written approval from the Parks Director.
If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Parks Director
and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing
with the City Secretary.
H:\LEG-DIRLLisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
Page 2 of 14
5. Event Layout Diagram. Promoter must provide the Parks Director a diagram explaining
the final Event layout for all related activities at least two weeks prior to the Event. Layout of
the Event is subject to the approval of the Parks Director.
6. Special Event Fee and other use fees. Promoter must pay City a one-time
nonrefundable Special Event Permit fee in accordance with City ordinance. Promoter must also
pay City a nonrefundable fee of $2,500.00 for use of the Premises,
7. Payment of City Costs. In consideration for the use of City property, Promoter will pay
the City within 30 days after the City submits a bill to Promoter for the actual costs incurred for
services rendered, including, but not limited to, any City services provided by the Parks &
Recreation Dept., Police Dept., and any other City department.
The Parks Director will bill Promoter for these costs within thirty (30) days after the Event. The
bill will provide an itemized breakdown of the City charges for services rendered (setup and
takedown, Event clean up, street sweeping and repair categories). Upon receipt of written
request of Promoter, the Parks Director will furnish reasonable supporting documentation of
these charges within ten (10) calendar days.
A. Direct Costs. City's Direct Costs in assisting with the Event include but are not
limited to:
1. Damages to City property within the Premises as a result of the Event, which will be
billed at the cost of repair. Damages may be repaired by Promoter, subject to prior
approval of the Director.
2. Costs of labor for clean up, or additional clean up required by the Director of relevant
City departments, at applicable City rates for the year billed. (Promoter will be given
the opportunity to hire and work its own clean-up crew during and after the Event.)
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. Promoter
will be responsible for 100% of all City non -police Direct Costs and 100% of police
actual costs for Event.
4. Costs of set-up and takedown, at applicable city rates for the employees assigned for
the year billed.
Parks Director will provide a itemized bill of Direct Costs, if any, within 30 days after the
Event closes. Promoter will pay City's Direct Costs, if any, as billed within 30 days after
Parks Director tenders bill to Promoter.
B. City Services. Billing and Payment will be made as set out in Section 7 above for the
following list of actual services actually provided by the City at each annual Event ("City
Services") including but not limited to:
1. Provide Premises ground and street trash removal services, up to approximately six
(6) trash (brush) trucks and approximately 100 trash barrels, as available, for placement
in designated areas in and around the Premises. Promoter must provide plastic trash
bags for the trash barrels.
H:\LEG-DIR\Lisa\2009 ParkstZiegenBock.2009.Short.Term.Use Permit.doc
Page 3 of 14
2. Furnish and/or transport barricades, signs, cones, etc. to the Premises (see Section
13).
3. Provide other services requested by Promoter and agreed to by Parks Director.
C. Notice of Costs. Before the Event the Parks Director, Police Chief, and City
Traffic Engineer will meet with Promoter 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. Notwithstanding the cost shown in Exhibit C, Promoter shall be
liable for all actual cost incurred by City related to the Event even if the actual cost exceeds
the cost or type shown in Exhibit C.
D. Late Payment Fee. Promoter's failure to pay City's bill within 30 days after submittal
to Promoter shall result in a late payment fee being assessed against Promoter. The late
payment fee shall be 5% of the amount due, as shown on City's bill, and said fee will be
added to the amount payable to the City.
8. Deposit. At time of signature by Promoter, Promoter must pay the nonrefundable Special
Event fee and nonrefundable Premises use fee described above, plus a deposit of $10,000.00
at time of signature, made payable to the City. The deposit will be used to reimburse the City
for any costs incurred. If no costs are incurred and Direct Costs are paid, the deposit will be
returned to Promoter within 30 days after the Event.
9. Noise Ordinance. Promoter acknowledges receipt of the City's noise ordinance and agrees
to comply with its provisions. Failure to comply with provisions of noise ordinance is grounds for
immediate cancellation of this Agreement by the City Manager or designee, without penalty to
City.
10. 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: If to Promoter:
Director of Parks and Recreation Matthew Peveto dba Mustang Music Group City of
Corpus Christi 11250 West Road Bldg J
Corpus Christi, TX 78469-9277 Houston, Texas 77065
(361) 880-3461 (832) 237-8900
FAX (361) 880-3864 FAX (832) 237-8902
11. Temporary Street Closures. All temporary street closures requested by Promoter are
subject to the requirements of City Ordinances, and require the City Council to confirm the
closures. The decision to confirm the closure of the streets is within the sole discretion of the
City Council acting upon the application at the time the application is submitted.
12. Parking. Promoter will provide parking and signage for people with disabilities in close
proximity to the Event entrance and its related activities defined on the Premises map (Exhibit
H:\LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
Page 4 of 14
A). Promoter must demonstrate to Parks Director and Traffic Engineer provisions for
adequate parking to serve the estimated attendance at the Event.
13. Barricades, Traffic Signs. Promoter must provide barricades and traffic signs required
by the City Traffic Engineer that include temporary directional signage to the nearby
attractions/facilities affected by the street closures and traffic circulation around the Event.
Street access to Premises may not be blocked or partially blocked without detour signage and
alternate street access. Promoter must pay the cost of additional signage.
14. Signage and Advertising. On Premises signage and advertising proposed for the
Event must receive the Parks Director's prior written approval. On all advertising for the
Event, Promoter shall recognize City's contributions to the Event.
15. Rest 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
as determined by the Parks Director. A first aid station must also be provided throughout the
duration of the Event. Promoter shall comply with such other health and sanitation
requirements as may be required by the City Manager or designee.
16. Insurance. Promoter agrees to provide certificate of insurance at least two weeks prior to
the start of the Event that complies with the insurance provisions on attached Exhibit D.
17. Indemnity. Promoter 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
the 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 Promoter or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant
to this agreement to use the Premises, attend, or participate in Promoter and associated
activities, on the premises with the expressed or implied invitation or permission of
Promoter, or when the injury or damage is the result, proximate or remote, 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 the injury or damage may in any other way arise
from or out of the improvements located on the Premises herein or out of the use or
occupancy of the improvement to the Premises or the Premises itself by Indemnitees,
Promoter, its agents, servants, employees, contractors, patrons, guests, licensees, or
invitees.
These terms of indemnification are effective whether the injury or damage may result
from the sole negligence, contributory negligence, or concurrent negligence of
Indemnitees, and in all cases where Indemnitees actions are directly related to the Event,
but not if the damage or injury results from gross negligence or willful misconduct of
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 agreement, Promoter shall defend City upon receipt of reasonable notice regarding
commencement of the litigation.
H:\LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
Page 5 of 14
18. Safety Hazards. Promoter, upon notice of identified safety hazards by the Police Chief,
Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or
other time frame specified in the notice of safety hazards.
19. Damages to City Property. Landscaped areas within the Premises must be protected
during the Event. City will provide Promoter's Agent a punchlist of damage to City property
defined in the Premises within 2 days after the close of the Event annually. Promoter will
restore all items on the punchlist within 3 days after receipt of the punchlist. If Promoter fails to
restore all items on the punchlist, Parks Director may do so and bill Promoter for Direct Costs,
as set out in Section 7 above.
20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other
changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval by
City's Director of Engineering Services, provided however, that no approval will be given if the
work will require subsequent repairs by the City.
21. Permits. Promoter must require all vendors to obtain and comply with appropriate
permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from
the City for consumption and sale of alcoholic beverages on park land, and must comply with all
requirements of the City -County Health Department for the sale of foods and the protection of
the public welfare. Promoter's Agent will notify the Parks Director of any special conditions
imposed by any permitting agency. Any vendor that sells alcoholic beverages must furnish
proof of Liquor Liability Insurance in the same amounts set out herein. Said Certificate of
Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date
of the Event annually. Promoter must also obtain a Street Closure Permit if required by Traffic
Engineering, a Temporary Promotional Event Permit from Building Inspection. Promoter's
Agent will notify the Parks Director of any special conditions imposed by any permitting
agency. Promoter must comply with City's Outdoor Music Festival Permit ordinance.
22. Cleanup. 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. Promoter may hire and work its
own clean-up crew during and after the Event. If the Parks Director determines that additional
clean-up is necessary, she will give Promoter's Agent 2 hours notice to increase services and
if it is still unsatisfactory Parks Director may authorize use of city workers, to be reimbursed by
Promoter.
Promoter shall promptly clean up of the Premises after the Event, so that the Premises are in as
good condition as when Promoter first began use of the Premises. Clean up must be completed
within twelve hours after end of the Event.
23. Construction. All structures associated with the Event must be temporary and
promptly removed after the Event, no later than one day after the end of the Event.
The construction work for displays and stages must be conducted in accordance with City
building codes and restrictions. Construction that causes damages will only be allowed if
Promoter provides the Parks Director prior written assurances that Promoter will promptly
remedy said damages and Parks Director approves the construction in writing.
H:\LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
Page 6 of 14
24. Temporary Buildings. Promoter must receive prior written approval from the Parks
Director to place any temporary buildings on the grounds of the Premises. Otherwise all
temporary buildings moved onto Premises for the Event must be placed and remain on trailers
to promote expeditious removal. All the buildings must be removed within the non-exclusive
use time period.
25. Electrical & Water Services. Electrical and water service is not provided on or at the
Premises. Promoter must apply for and secure a Temporary Promotional Event Permit from the
City's Building Inspection Division in order to install electrical service for the Event.
Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all
temporary services, such as food, electrical, plumbing, tents and structures, inspected and
approved. It is the responsibility of Promoter to call each inspector for an appointment to
inspect and obtain approval for each temporary service prior to the commencement of the
Event.
26. Permissible Vendor Location Markings. No paint or semi-permanent markings will be
permitted which in any way obliterate or deface 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).
27. Dispute Resolution. City and Promoter agree that any disputes which may arise
between them concerning this Use Permit Agreement, such as determining the amount of
damage to City property occurring as a result of the Event, or regarding a billed amount, 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 City Manager will be final, unless that decision is
appealed to the City Council by giving written notice of appeal to the City Secretary within ten
(10) days after the written decision of the City Manager has been sent to Promoter. In the
event of appeal, the decision of the City Council will be final. This Use Permit Agreement in no
way waives Promoter's rights to seek other legal remedies during the appeals process.
28. Fire Lanes. Promoter must at all time 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.
Promoter must, at all times in its use of the Premises, provide driveway access for emergency
equipment.
29. Assignment. Promoter may not assign or transfer this Use Permit nor sublease the
whole or any part of the Premises or make any alteration therein without the prior written
consent of the City.
30. Breach, Termination. Any failure on the part of Promoter to perform any of the
covenants contained in this Use Permit, or any breach of any covenant or condition by
Promoter entitles City to terminate this Agreement without notice or demand of any kind, not
withstanding any license issued by City and no forbearance by City of any prior breach by
Promoter is a waiver by or estoppel against City. In case of termination City is entitled to
retain any sums of money theretofore paid by Promoter and the sums inure to the benefit of
City as a set-off against any debt or liability of Promoter to City otherwise accrued by breach
hereof.
H:\LEG-DIR\Lisa\2009 Parks \ZiegenBock.2009.Short.Term.Use Permit.doc
Page 7 of 14
31. Right of Promoter to Use Public Property. Promoter acknowledges that the control
and use of public property is declared to be inalienable by the City and except for the use
privilege granted herein, this Agreement does not confer any right, title, or interest in the public
property described herein. The privilege to use the City property granted herein is subject to
the approval of the City Council as required by ordinance and the compliance by Promoter with
the terms and conditions contained within this Use Permit.
32. Not Partnership or Joint Venture. This Agreement 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 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 herein, an outdoor music festival.
33. City Services Subject to Appropriation. Promoter recognizes that the services
provided by the City pursuant to this Use Permit are subject to the City's annual budget
approval and appropriation. The continuation of any contract after the close of any fiscal year of
the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget
approval. The City does not represent that the expenditures required by the City for the
provision of services required by this Use Permit will be adopted by future City Councils, said
determination being within the sole discretion of the City Council at the time of adoption of each
fiscal year budget.
34. Compliance with Laws. Promoter must comply with all applicable federal, state, and
local laws and regulations, including without limitation compliance with Americans with
Disabilities Act requirements, all at Promoter's sole expense and cost.
35. Non-discrimination. Promoter warrants that they are 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, disability, color, or national origin.
36. Fence. Promoter may provide a temporary six-foot (6') chain link fence around the
Premises, with gates for access. The fence will help improve security, crowd control, and litter
control.
37. Admission Fee. Promoter may charge an admission fee for the Event as follows: Advance
one -day ticket $20.00; one -day ticket on day of show - $25.00. There will be 60% discounted
prices for seniors, active military, city employees and persons with disabilities. Special events
connected with Promoter may charge another fee to help defray the cost of entertainment.
38. Security. Promoter must provide uniformed Security Officers during the Event. Promoter
will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by
Promoter. Provided, however, that the Police Chief may determine that a security guard service
will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a
security guard service to provide security, the term "Security Officer" will include a licensed security
guard as well as a sworn peace officer.
If the City's Police Chief determines it is necessary, he will assign Police Officers to provide
off-site crowd and traffic control including cross walks and intersections within one-half mile of
Event site, as needed, and include costs of police officers in the Direct Costs per Section 7
above. The Police Officers will be assigned duty stations by the Police Chief, or designee.
H:\LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
Page 8 of 14
39. Cancellation. City Manager, or his designee, reserves the right, at all times and in his
sole discretion, to cancel the Event and terminate this Agreement, without penalty, if such
cancellation is necessary to protect the public health, safety, or welfare, or due to Promoter's
non-compliance with the terms and conditions of this Agreement. If the Event is cancelled
under this section or for any reason, Promoter releases City from all liability that may
result from the premature closing of the Event. If the event is cancelled under this
section or for any reason, Promoter agrees to 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 caused, either proximately or remotely,
wholly or in part, by cancellation of the Event. Promoter covenants and agrees that if
City is made a party to any litigation against Promoter or in any litigation commenced by
any party relating to this Agreement, Promoter shall defend City, with counsel acceptable
to the City, upon receipt of reasonable notice regarding commencement of that litigation.
40. Publication. Promoter agrees to pay the costs of newspaper publication of this Use
Permit and related ordinance as required by the City Charter.
41. Entirety Clause. This Agreement and the incorporated and attached exhibits constitute
the entire Agreement between the City and Promoter for the use granted. All other
Agreements, promises, and representations, unless contained in the Agreement, are expressly
revoked, as the parties intend to provide for a complete understanding within the provisions of
this Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to
Promoter's operations and the Premises to be used in the operations. The unenforceability,
invalidity, or illegality of any provision of the Agreement does not render the other provisions
unenforceable, invalid, or illegal.
Executed in Duplicate Originals on 2009.
PROMOTER: MATTHEW PEVETO, DBA MUSTANG MUSIC GROUP
Name:
Date:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on 2009, by Matthew
Peveto dba Mustang Music Group.
Notary Public, State of Texas
Seal:
My Commission Expires Notary's Printed Name
H:\LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
Page 9 of 14
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED:
'Angel R. Escobar
City Manager
Lisa Aguilar, Assistant City Attorney for City Attorney
H:\LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
EXHIBIT A
Description of Premises:
Page 10 of 14
Corpus Christi Beach pavilion located at end of Breakers Avenue, and Corpus Christi Beach
area located between Breakers Avenue and Hotel Place.
H:U.EG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
EXHIBIT B
ZIEGENBOCK
YEAR 2009
Page 11 of 14
Non-exclusive June 10, 2009 through June 12, 2009, and June 14 through June 16, 2009.
EXCLUSIVE USE: June 13, 2009.
H:LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc
EXHIBIT C
Services to be provided by City, and cost estimates
ZIEGENBOCK 2009
Estimated Expenses*
Page 12 of 14
Parks and Recreation $ 1,900.00
Police $ 14,850.00
Traffic Engineering & Street Services $ 1,000.00
TOTAL: $ 17,750.00
*Promoter may or may not use all services estimated on this sheet.
H:\LEG-D I R\Lisa\2009 Parks\Ziegen Bock.2009.Short.Term. Use Permit.doc
EXHIBIT D
INSURANCE REQUIREMENTS
Page 13 of 14
A. Permitee must not commence work under this Permit until all insurance required herein has been
obtained and approved by the City. Permitee must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been obtained.
B. Permitee must furnish to the Risk Manager or designee, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager
or designee. The City must be named as an addi ional insured for all liability policies, and a blanket
waiver of subrogation in favor of the City is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non-
renewal, material 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. Independent Contractors
7. Personal Injury — Advertising Injury
$1,000,000 COMBINED SINGLE LIMIT
LIQUOR LIABILITY
1. Vendors providing and / or selling
alcohol
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY -- Owned, Non -
owned or rented vehicles
1. Contractors & Subcontractors delivering
tents, stages, bleachers, temporary
structures and large items
2. Permitee's workers and volunteers
$500,000 COMBINED SINGLE LIMIT
ATA MINIMUM , STATUTORY LIMITS of $25,000 /
$50,000 for BODILY INJURY & $25,000 for
PROPERTY DAMAGE
H:\LEG-DIRLLisa\2009 Parks\ZiegenBOck.2009.Short.Term.Use Permit.doc
Page 14 of 14
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
Required if Permitee 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, Permitee must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Permitee 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 Permitee will be promptly met.
B. 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 in favor of the City 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 a 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
and a 10 day written notice of cancellation for non-payment of premium is
required.
2009 ZiegenBock Musical Festival ins. req.
5-28-09 ep Risk Mgmt.
H:\LEG-DIR\Lisa\2009 Parks\ZiegenBock.2009.Short.Term.Use Permit.doc