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HomeMy WebLinkAboutC2011-068 - 3/8/2011 - NAAGREEMENT REGARDING OPERATIONS DURING 2011 BOAT SHOW EVENT Parties Yachting Center of Corpus Christi ( "YCCC") City of Corpus Christi, Texas ( "City ") Term: April 4, 2011 through April 11, 2011. Upon execution of this Agreement by all parties, the parties to this Agreement agree as follows: 1. During the entire Term which includes the 4 days when the 2011 Boat Show Event is open to the public, YCCC may continue to sell its regular menu items including alcoholic beverages. 2. For the entire Term, which starts Monday April 4, 2011 and continues until 6:00 p.m. Monday April 11, 2011, no vehicles shall be allowed to enter Peoples Street T -head, except for delivery and trash collection trucks as described in Section 7 below, and except for shuttle service described in Section 3 below. 3. Access by YCCC customers and employees into the Peoples Street T -Head YCCC location will be permitted during Boat Show set up /tear down days, and after the Boat Show closes each day for 4 days, only by golf cart shuttle service supplied by YCCC (or its licensee) and operated directly between the Boat Show entrances and the YCCC under the following conditions: a. YCCC may not operate shuttle service during times that the Boat Show is opened to the public. YCCC staff will walk through site after displaying identification badge during Boat Show days. YCCC will have no more than -- identification badges. b. At YCCC expense, two private security officers will be present at any time YCCC is open when Boat Show is closed to public to ensure that the YCCC customers are transported directly from YCCCC to the entrance gate and that the customers do not walk around the Boat Show site. Corpus Christi Police Sgt. Ronald Zirbes is the head of security for the Boat Show and will remain responsible for the overall security of the site regardless of who is employing security. YCCC is not responsible for compensation of Sgt. Zirbes. c. YCCC must ensure that its shuttle service will be operated in a safe manner by responsible driver at all times. If YCCC shuttle service is operated in an unsafe manner, then. YCCC authority for shuttle service operation is subject to immediate termination by the City of Corpus Christi Marina Superintendent without further notice. d. YCCC agrees to indemnify and hold harmless the City of Corpus Christi, MMD Communications, and all Boat show sponsors for the operations of shuttle service for YCCC. YCCC covenants to fully 2011 -068 03/08/11 Yachting Center of C.C. INDEXED 2 indemnify, save, and hold harmless the City of Corpus Christi, MMD Communications, sponsors of the annual Texas International Boat Show, their officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from any of the Indemnitees on account of injury or damage to persons or property (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part operation of a shuttle service for YCCC. YCCC covenants and agrees that, if any of the Indemnittees are made a party to any litigation commenced by any party relating to operation of shuttle service at the Boat Show, YCCC shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the Indemnitees in all actions based thereon with legal counsel satisfactory to the Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments e. During the Boat Show, the golf cart shuttles will be located in an area assigned by the Marina Superintendent. No other type of motorized vehicle will be allowed to be parked on site during the Boat Show. 4. Entrance into Peoples Street T -head during dates and times Boat Show is opened to the public will require Boat Show entry ticket. Exception will be made for YCCC staff reporting to work upon coordination with Marina Superintendent. 5. City will rebate to YCCC V2 of one month's rent. 6. By April 3, 2011, YCCC must relocate their vessels from Peoples Street T -Head which they wish to utilize during the Term. 7. All deliveries to the YCCC and trash collection for the YCCC must be planned with Marina Superintendent and executed prior to the Boat Show opening to the public on each of the four days of the Boat Show. No vehicles will be allowed on site once the gates open to the public. Dumpsters may be required to be relocated as directed by Marina Superintendent. 2 3 8. Yachting Center agrees to provide evidence of shuttle service insurance at least 10 days prior to the Boat Show. Insurance requirements are attached. 9. Music playing over Yachting Center's loudspeakers must not create a nuisance. Any disputes over this provision will be resolved by Marina Superintendent in his sole discretion. 11. This Agreement takes effect upon date of last signature. Agreed to by: Yachting Center of Corpus Christi A NN , , ' W L1A ame � i Date: ✓� / City of,Qorpus Cbristi By: /y OAAW Narr 1h G a Title: O /t'9 1 -i Date: • 8,11 . Approved as to form: BY:�' Lisa Aguilar, Ass s t City Attorney for the City Attorney ATicit. _ -- - - ARM9I Mfr CHAPA CFaY SECRETARY 3 °1 4 INSURANCE REQUIREMENTS I. YATCHING CENTER'S LIABILITY INSURANCE A. Yachting Center must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Yachting Center must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Yachting Center must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City and the Texas International Boat Show must be named as an additional insured's on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30- written day notice of cancellation, material Bodily Injury and Property Damage change, non - renewal is required on all certificates Per occurrence aggregate Commercial General Liability including: $1,000,000 Combined Single Limit 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors b. Personal Injury Worker's Compensation Which Complies with the Texas Workers' Compensation Act and Section 11 of this Exhibit $500,000/ $500,000 / $500,000 Employers' Liability C. In the event of accidents of any kind, Yachting Center must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Yachting Center 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 endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient H 6 to assure that all workers' compensation obligations incurred will be promptly met. B. Yachting Center's financial integrity is of interest to the City; therefore, subject to Yachting Center's right to maintain reasonable deductibles in such amounts as are approved by the City, Yachting Center shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Yachting Center's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Yachting Center shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Yachting Center shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.Q. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Yachting Center agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives and the Texas International Boat Show as additional insureds by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 5 S I . ' 6 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Yachting Center shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Yachting Center's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Yachting Center's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Yachting Center to stop work hereunder, and/or withhold any payment(s) which become due to Yachting Center hereunder until Yachting Center demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Yachting Center may be held responsible for payments of damages to persons or property resulting from Yachting Center's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Yachting Center's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2011 Yachting Center shuttle service agreement ins. req. 2 -21 -11 ep Risk Mgmt. C