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
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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