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HomeMy WebLinkAboutC2012-394 - 10/5/2012 - NACONSENT TO TOURS ON NINA Pursuant to the LEASE AGREEMENT RE: Nina (AGREEMENT), the City of Corpus Christi (CITY), a Texas Home -Rule Municipal Corporation, authorizes the Columbus Sailing Association(CSA), a Texas 501(c)3 Nonprofit Corporation, to provide on board tours of the Nina under the following conditions. 1.1 Liability Insurance. CSA, at no expense to the City, shall obtain and maintain continuously, throughout the Term of this Consent, policies of insurance as enumerated in Exhibit A. Such policies: (i) shall be subject to approval by the City's Risk Manager as to company, form and coverage, and primary to all other insurance the City may secure; and (ii) must protect the City from any and all claims and risks in connection with any activity performed by CSA, or any of its respective officers, employees, agents, contractors or assigns, by virtue of this Agreement or any use and occupancy of the Premises authorized by this Agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement. 1.2 Policy Requirements. The foregoing policies of insurance shall be in form and written by insurers be issued by insurance companies reasonably acceptable to the Risk Manager for the City (the "Risk Manager") which acceptance shall not be unreasonably withheld, and shall meet the requirements of Exhibit A. The Risk Manager shall be furnished two (2) copies of certificates of such insurance policies for the benefit of the City prior to the commencement of any tours under the Agreement. The certificate of insurance shall provide that the City shall have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Agreement. Upon written request of the City Manager, CSA shall provide copies of all required insurance policies to the Risk Manager. 2.1 Safety Manager. CSA shall provide a Captain or officer to oversee the safety of persons aboard the Nina including security. The Captain or officer of the Nina must be present at all times during tours. 2.2 Staff Requirements Regarding Visitor Safety Aboard. CSA shall provide two staff personnel for touring of the Nina. All staff guides will be provided a safety lecture concerning general marine safety related to visitors aboard the Nina. Safety location requirements for Nifza staff are: (a) One safety person to be provided at top of gangway staircase to ensure and provide all visitors with a helping hand so as not to fall nor sustain injury. (b) One safety person to be provided at the bottom of (upper) quarter deck staircase to ensure and provide all visitors with a helping hand so as not to fall nor sustain injury. 2.3 Required Safety Equipment. The Nina shall at all times be equipped with the following safety equipment: (a) Two throw -able life rings: one to be placed and visible on upper quarter deck and a second throw -able life ring to be placed and visible on starboard side lower deck. (b) A fire extinguisher to be placed in an accessible location a board the Nina. 2.4 Tour Rules. CSA will enforce the following rules for safety of the public. (a) No visitors allowed upon raised foreword deck. (b) No visitors are allowed below decks not companion way. (c) No visitors are allowed in the tiller room. The City reserves the right to withdraw consent. Failure to comply with all of the following condition withdraws the City's consent by default. CSA must cease tours upon withdrawal of consent by the City. The City will send written notice of default upon becoming aware of CSA failure to comply with the conditions of Consent. Any withdraw of Consent by the City is effective the date CSA fails to comply with the conditions of consent. Further, consent must be obtained in writing prior to CSA continuing tours once consent has been withdrawn. CITY OF CORPUS CHRISTI By: , Ronald L. Olson City Manager ti a 1 Z_ Date 2012 -394 10/05/12 Columbus Sailing Association Approved as to le al form: 67 5 , 2012 Buck Brice Assistant City Attorney for City Attorney INDEXED � k Exhibit A INSURANCE REQUIREMENTS I. COLUMBUS SAILING ASSOCIATION'S LIABILITY INSURANCE A. Columbus Sailing Association must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Columbus Sailing Association must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Columbus Sailing Association must furnish to the City's Risk Manager or designee, two (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 must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, Bodily Injury and Property Damage non - renewal or termination is required on all certificates Per occurrence / aggregate limit Commercial General Liability to include $1,000,000 per occurrence 1. Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Personal Injury & Advertising Injury 7. Fire Legal Liability Business Auto Liability to include Hired and Non -owned $1,000,000 Combined Single Limit Auto Liability Ship Repairers Legal Liability Coverage $110,000 current value of NINA Commercial Property CSA is responsible for their own insurable interests in their property and equipment Workers' Compensation to include volunteers Which complies with the Texas Workers Compensation (Applicable if any paid employees) ' Act and Section 11 of this exhibit Employers Liability to include USL &H $500,000, / $500,000 / $500,000 Protection & Indemnity (P I) $ 1,000,000 per occurrence Including Hull $ Current value of NINA $110,000 C. In the event of accidents of any kind, Columbus Sailing Association must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS Exhibit A A. As stated in Section I -B, Table, Columbus Sailing Association must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees 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 coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Columbus Sailing Association will be promptly met. B. Columbus Sailing Association's financial integrity is of interest to the City; therefore, subject to it's right to maintain reasonable deductibles in such amounts as are approved by the City, Columbus Sailing Association shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at its' 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). Columbus Sailing Association 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. Columbus Sailing Association 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.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Columbus Sailing Association 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 as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the General Liability and Business Auto Liability coverage. - • 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 • 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, Exhibit A Columbus Sailing Association. shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Columbus Sailing Association'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 agreement. F. In addition to any other remedies the City may have upon Columbus Sailing Association'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 Columbus Sailing Association to stop work hereunder, and /or withhold any payment(s) which become due to Columbus Sailing Association hereunder until Columbus Sailing Association demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Columbus Sailing Association may be held responsible for payments of damages to persons or property resulting from Columbus Sailing Association's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Columbus Sailing Association'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. NOTE: The limits and types of coverages are suhJect to adjustment if upon review, it is determined that the activity requires increased levels and types of coverages. Columbus Sailing Association —NINA repair ins. req. 9 -24 -09 ep Risk Mgmt