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HomeMy WebLinkAboutC2016-119 - 3/30/2016 - NA Page 1 of 3 PROFESSIONAL SERVICES AGREEMENT With the Buccaneer Commission Regarding parade event associated with Mayor's Big Bang Celebration Whereas, the City of Corpus Christi, coordinates the Mayor's Big Bang Celebration through the Big Bang Celebration Committee. This event occurs on July 4. Now, therefore, this Professional Services Agreement is made by and between the City of Corpus Christi "the City") and the Buccaneer Commission. By signature below, the parties agree as follows: Section 1. Purpose. The Mayor's Big Bang Celebration is coordinated by the Big Bang Celebration Committee. This Professional Services Agreement ("Agreement") is to obtain professional parade coordination services of the Buccaneer Commission regarding the parade event associated with the Mayor's Big Bang Celebration. Section 2. Term. This Agreement shall be effective upon last signature, with term ending upon August 30, 2016. Section 3. Services to be provided by the Buccaneer Commission. 3.1 Serves as main point of contact to parade entries regarding all aspects of the parade event and communicates information regarding event to parade entries. Creates a link from the Buccaneer Commission website to the website regarding the Mayor's Big Bang Celebration, if available. 3.3 Collect all entries for parade participants. 3.4 Contacts prior year's parade participants to advise of parade event. 3.5 Recruits additional parade entries to increase participation from last year's parade. 3.6 Makes a Buccaneer Days float available for use in the parade by the parade sponsor/grand marshal subject to availability of operational float. 3.7 Develop parade application to be approved by the Big Bang Celebration Committee 3.8 Presents any requests for parade entry fee waivers to the Big Bang Celebration Committee for approval. 3.9 Maintains and provides master list with information regarding parade entries to the Big Bang Celebration Committee. 3.10 Organizes the parade; provides order and arrangement of parade entries. 3.11 With prior approval of the Big Bang Celebration Committee, secures private lots along route as necessary; however any fees must be pre-approved in writing by the Big Bang Celebration Committee. . 3.12 Attends planning meetings at mutually agreeable times as required by the Big Bang Celebration Committee after May 1, 2016. 3.13 Provides approximately 20 members of the Bucaraders to handle onsite logistics of the parade. 3.14 Designates route/staging areas with chalk markings the night prior to the parade. 3.15 At least two weeks prior to the parade, will provides the Big Bang Celebration Committee with the final number of golf carts needed for the parade. 3.16 Coordinates arrival and staging of parade entries. 3.17 Provides signage for dignitary transport. C:\t 2016-119 Nice Agreement for Mayor's Fourth of July Celebration(2).docx 3/30/16 INDEXED Buccaneer Commission Page 2 of 3 3.18 Conducts and oversees parade. 3.19 Provides food and drink to all Bucarader staff. Section 4. Parade tasks to be retained by City to be coordinated through the Big Bang Celebration Committee: 4.1 Determines date and time of the parade event. 4.2 Obtains Grand Marshal parade sponsorship and retains Grand Marshal parade sponsorship fees. 4.3 Markets the parade to public. 4.4 Hosts parade information on designated Big Bang Celebration website. 4.5 Supplies appropriate number of golf carts at parade site for dignitaries in the parade. 4.6 Approves final parade route and traffic plan that is mutually agreed upon by the City Traffic Engineer, Chief of Police, the Buccaneer Commission and the Committee. 4.7 Supplies any barricades and other traffic control devices necessary for the parade per the traffic plan. 4.8 Provides City staff for trash pickup service after parade event. 4.9 Provides EMS and Police staff at the parade event. 4.10 Obtains all necessary permitting including traffic control. 4.11 Contacts affected businesses along parade route 4.12 Provides up to 50 event staff t-shirts for parade workers. 4.13 Obtains insurance for parade event. 4.14 Remits payment for cost of services to Buccaneer Commission in the amount of $3,900 within 7 days of completion of parade. 4.15 Provide insurance as specified on the attached Exhibit. Section 5. Fee The City will pay the Buccaneer Commission a fee, for providing services authorized, a total fee not to exceed $3,900. (Three thousand nine hundred dollars). Section 6. Termination of Contract The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Buccaneer Commission at the address of record. In this event, the Buccaneer Commission will be compensated for its services on all stages authorized and completed based upon Buccaneer Commission and City's estimate of the proportion of the total services actually completed at the time of termination. Section 7. Notices. Any notices under this Agreement must be provided as follows: To the City of Corpus Christi: City of Corpus Christi Attn: Office of the Mayor P. O. Box 9277 Corpus Christi, Texas 78469-9277 C:\Users\John\Downloads\2-5-I6 Buc Commission-Service Agreement for Mayor's Fourth of July Celebration(2).docx Page 3 of 3 To the Buccaneer Commission: Buccaneer Commission Attn: Johnny Philipello, President & CEO P.O. Box 30404 Corpus Christi, TX 78763 Section 8. Indemnity Buccaneer Commission shall indemnify, save and hold harmless City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with the acts or omissions of Buccaneer Commission or its officers, agents, employees, contractors or subcontractors under this Agreement. Buccaneer Commission shall at its own expense investigate all these claims and demands filed against Buccaneer Commission or its contractor, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demand, and actions. Section 9. Approval. All parties identified below agree to the provisions and terms of this Agreement. Bucca er Commission City of Corpus Christi By: By: ThethaLO C yeu) Name: JO v,'y PHILI k u' Name: M UY3{v C• 1�05v Title: PIIC►J1d1rA1r' 1CR4 Title: PU+� Gb M a ria r' Date: 1 Itt/k, Date: M 0 rch 30s a40/(o Approved as to form: 361-4) fanii, By: 0P- L Lisa Aguilar, As ant City Attorney C:\Users\John\Downloads\2-5-16 Buc Commission-Service Agreement for Mayor's Fourth of July Celebration(2).docx Page 4 of 6 EXHIBIT INSURANCE REQUIREMENTS I. BUCCANEER COMMISSION'S LIABILITY INSURANCE A. Buccaneer Commission must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Buccaneer Commission must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Buccaneer Commission must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsements. , and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractor 6. Personal Injury- Advertising Injury 7. Volunteers AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY 500,000/500,000/500,000 PERSONAL PROPERTY INSURANCE Buccaneer Commission, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. \Legal Admin Attorneys\Lisa\2016 Mayor's Big Bang Celebration Committee\2-16-16 Buc Commission-Service Agreement for Mayor's Fourth of July 'elebration.docx Page 5of6 C. In the event of accidents of any kind related to this contract, Buccaneer Commission must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Buccaneer Commission must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Buccaneer Commission will be promptly met. An All States Endorsement shall be required if Buccaneer Commission is not domiciled in the State of Texas. B. Buccaneer Commission shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Buccaneer Commission'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. Buccaneer Commission shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Buccaneer Commission or as requested by the City. Buccaneer Commission shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Buccaneer Commission agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • 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 ::\Legal Admin Attorneys\Lisa\2016 Mayor's Big Bang Celebration Committee\2-16-16 Buc Commission-Service Agreement for Mayor's Fourth of July 'elebration.docx Page 6 of 6 • Provide thirty(30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination 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 cancellation, non-renewal, material change or termination of coverage, Buccaneer Commission shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Buccaneer Commission'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 Buccaneer Commission'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 Buccaneer Commission to stop work hereunder, and/or withhold any payment(s) which become due to Buccaneer Commission hereunder until Buccaneer Commission demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Buccaneer Commission may be held responsible for payments of damages to persons or property resulting from Buccaneer Commission's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Buccaneer Commission'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. 2016 Insurance Requirements Mayor's Office Buccaneer Commission/Mayor's Big Bang 4th of July Celebration Agreement 2/16/2016 ds Risk Management \Legal Admin Attorneys\Lisa\2016 Mayor's Big Bang Celebration Committee\2-16-16 Buc Commission-Service Agreement for Mayor's Fourth of July 'elebration.docx