HomeMy WebLinkAboutC2016-243 - 6/21/2016 - Approved Page 1 of 15
LEASE AGREEMENT FOR ARTS ALIVE!
State of Texas §
Know All By These Presents:
County of Nueces §
This short term Lease Agreement("Lease Agreement") between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City"), acting through its duly designated City Manager, and the
Arts Community Center of Corpus Christi, Inc. ("ACC"), a Texas non-profit corporation, acting
through its duly designated agent, is in consideration of the covenants contained herein.
1. DEFINITIONS. As used in this Agreement, the following terms shall have the following
meanings.
A. City- means the City of Corpus Christi, a Texas home-rule municipality.
B. City Attorney- means the City of Corpus Christi's City Attorney or designee.
C. City Council — means the City Council of the City of Corpus Christi, Texas.
D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's
designee.
E. City Secretary— means the City of Corpus Christi's City Secretary, or designee.
F. ACC — means the Arts Community Center of Corpus Christi, Inc., a Texas non-profit
corporation.
G. ACC's Agent - means a duly authorized representative of the ACC.
H. Corpus Christi - Nueces County Health District— means a joint entity between the City of
Corpus Christi and Nueces County which provides health services to residents of both political
subdivisions.
I. Event-means the Arts Alive! events and related activities sponsored by the ACC.The Event
dates are described in Exhibit B.
J. Fire Chief—means the Chief of the City of Corpus Christi's Fire Department, or designee.
K. Lease Agreement — means this document, as approved by the City Council and executed
by the City Manager.
L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation
Department, or designee.
M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or
designee.
N. Premises - means the fenced area generally bounded by current N. Shoreline Blvd., former
N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A.
2016-243
6/21/16
Ord. 030880
Arts Comunity Center of CC INDEXED
Page 2 of 15
O. Risk Manager-means the Director of the City of Corpus Christi's Risk Management Division,
or designee.
P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste
Operations Department.
Q. Street Director— means the Director of the City of Corpus Christi's Street Operations.
2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The
ACC will be entitled to exclusive use of the Premises described below, for the periods identified on
Exhibit B. The City Manager may authorize amendment to Exhibit B.
3. PREMISES AND PERMITTED USES. City grants to the ACC the privilege of using the area
of the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd.,
Coopers Alley and Williams Street, as shown in Exhibit A, for the Arts Alive! Event.
4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances
may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is
revised, new Exhibit A will be executed by the City Manager and ACC Agent and filed with the
City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit A becomes
effective upon date of last signature.
5. FINAL EVENT LAYOUT DIAGRAM.The ACC's Agent 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. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street
Operations and Police Chief will meet with ACC representatives to agree on City Services to be
provided and discuss the costs of the City Services for the Event. In addition, the Premises will be
reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security,
fire lanes, and fencing to determine whether Exhibit A needs to be revised by the Parks Director
and ACC. If revised, new Exhibit A will follow process in§4 PREMISES REVISIONS. ACC's Agent
may request additional meetings.
7. ADMISSION FEE. ACC may charge an admission fee. Special Events connected with ACC
may charge another fee to help defray the cost of entertainment.
8. ACC'S FINANCIAL OBLIGATIONS.
A. Permit Fees. The ACC must pay City all applicable City permit fees as established by
City ordinance, including but not limited to the following: one-time Parks and Recreation Large
Special Event Permit fee of$400.00, Health Permit/Vendor Fees, Development Services Permit
Fees.
B. Costs of City Services. The parties are not anticipating that City services will be provided
for the Event. However, should any City services be utilized for the Event, then the Parks
Director will invoice the ACC for costs of all such City services, including but not limited to,
services provided for the Event by City Utilities Department, City Solid Waste Operations
Department, City Parks and Recreation Department, and City Police Department, and City Fire
Department within thirty(30) calendar days after the Event. The invoice will provide an itemized
breakdown of the City charges for services rendered. Upon receipt of written request of the
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ACC's Agent, the Parks Director will furnish reasonable supporting documentation of the
charges within ten (10) calendar days.
ACC's failure to pay the undisputed charges on City's invoice within 30 days after submittal to
ACC shall result in a late payment fee being assessed against ACC. The late payment fee shall
be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed
amounts, and said fee will be added to the net amount payable to the City.
C. Deposit. The ACC must pay a deposit of $2,000 at least one month in advance of the
Event, made payable to the City. The deposit will be used to reimburse City for any costs
incurred for trash pickup, removal of any structures, or repairs and damages to City property. If
no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the
ACC within 30 days after the Event.
D. Reimbursement for Damages to City Property. During the course of the Event, damages
may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping,
utility infrastructure,water and/irrigation lines and related equipment caused by acts or omissions
of the ACC, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will
give the ACC an opportunity to rectify these damages, prior to utilizing the Deposit and finally
invoicing the ACC for any additional cost of repair.
1. Repairs to Premises. Parks Director will provide the ACC's Agent a Punchlist of
damages to the City Property authorized for the Event, as defined in§3 PREMISES AND
PERMITTED USES, within seven (7) days after the ACC has vacated the property,
following the conclusion of the Event. ACC will have the opportunity to restore all items
on the Punchlist to original condition within ten (10) days after receipt of the Punchlist.
For any turf or sod damage, the ACC must fill and compact all holes. If fill material is
needed, it must be approved by Parks Director. If the ACC fails to restore any items on
the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the ACC
for any additional costs. Damages to City property will be billed at the City's cost of
repair.
2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City
will provide the ACC's Agent an itemized invoice for cost of repairs and damages, if any,
on any other City property for the Event. If Deposit is not utilized for repairs to the
Premises, any balance will be applied to the itemized invoice amount for the Event. ACC
will pay City's invoice for damages, within 30 days after City tenders the invoice to ACC's
Agent, less any amount(s)the ACC has disputed.
9. GENERAL PERMITS. ACC shall obtain necessary permits from City Departments, as
outlined below.
A. Special Event Permit.ACC will obtain a Special Event Permits from the Parks & Recreation
Department for use of Park property and to authorize water services on Park property, as
specified in the City Code of Ordinances. As part of the Special Event permit, a street closure
process will govern any necessary street closures. ACC must provide the Street Director and
Parks Director its site plan for the Event, application for the requested street closure, and proof
of all affected property owners' approval of the proposed temporary street closure, in
accordance with City Code of Ordinances. All temporary street closures on a temporary basis
are subject to the requirements of City Code of Ordinances.
Page 4 of 15
B. Temporary Promotional Event Permit ACC will obtain a Temporary Promotional Event
Permit from Development Services in order to install electrical service for the Event. Further, a
Certificate of Occupancy, which involves inspections, must be completed by the proper
inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and
structures, inspected. It is the responsibility of the ACC to call each inspector for an appointment
to inspect and get approval for each temporary service before the Event begins. ACC may
obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit
to satisfy this requirement.
C. Vendor Permit. ACC must ensure all mobile food units and temporary food service
establishments comply with all requirements of the Corpus Christi-Nueces County Health
District for the sale of foods and the protection of the public welfare. ACC shall be responsible
for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary
Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.)
D. Alcohol Vendors. ACC must require all vendors to obtain and comply with appropriate
permits, including permits from the Alcoholic Beverage ACC 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 Corpus Christi - Nueces County Health District for the sale of foods and
the protection of the public welfare. ACC shall be responsible for payment of all City Health
Permit Vendor and related fees. (For example, the Temporary Food Service Establishment
Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic
beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16
INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two
weeks prior to the starting date of the Event, annually.
E. Fireworks Permit. If Fireworks are being hosted, ACC must obtain Fireworks Permit from
the Fire Department. Any requested use of City property for fireworks launch must be approved
separately by written agreement of the City Manager, with concurrence from the third party
operator of the City facility, the City director overseeing the City property, and also compliance
with additional insurance requirements imposed by the City Risk Manager.
F. Water Events. For any water events, ACC must obtain necessary permits from the United
States Coast Guard.
G.Additional Permits. ACC's Agent shall notify the Parks Director of any special conditions
imposed by any permitting agency.
H. Music and Movie Licenses. ACC is solely responsible for obtaining licenses and
permission from copyright owner(s) prior to the performance of music and display of movies at
the Event.
10. ADDITIONAL PREMISES REQUIREMENTS
A. Barricades, Traffic Signs. The ACC must comply with traffic control plan approved by City
Traffic Engineer. Street access to Premises may not be blocked or partially blocked without
detour signage and alternate street access. ACC shall contract with a third party company to
implement traffic control plan provided by the City Traffic Engineering Department. Event setup
will not begin without the protection of traffic control devices.
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B. Parking. The ACC will provide parking and signage for people with disabilities in close
proximity to the entrances of the Event and its related activities
C. Signage and Advertising. ACC's Agent may request inflatable advertising only for Events
that receive national television exposure which must be pre-approved by the Parks Director
prior to being installed. On all advertising for the Event, Lessee shall recognize City's
contributions to the Event.
D. Rest Rooms, Drinking Water and First Aid. The ACC 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 at each site
throughout the duration of the Event and its related activities.
E. Fence. ACC may provide a temporary six-foot(6') chain link fence around Event areas, with
gates for access, upon prior approval of the Parks Director. The fence will help improve
security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal
coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced
area in accordance with the ACC's needs upon Parks Director's concurrence, as outlined in §
4, PREMISES REVISIONS.
F. Storm Water System Protection. ACC must install screens, approved by City's Executive
Director of Public Utilities, across all storm water inlets along Shoreline and within any closed
streets within the Premises. Drainage must not be blocked. ACC must remove the screens
within the non-exclusive use period after the close of the Event. However, ACC must remove
screens (along with any trash that has accumulated over the screens) immediately if heavy rain
is imminent, or upon the direction of the City's Executive Director of Public Utilities.
G.Construction. 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 ACC provides the Parks Director prior written assurances that ACC will
remedy said damages in accordance with §8 ACCS FINANCIAL OBLIGATIONS above and
Parks Director approves the construction in writing.
H.Temporary Buildings. ACC 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 these buildings must be removed within the non-exclusive use time
period.
I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes
in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall,
requires the prior written approval by City Director of Capital Programs, provided however,
that no approval will be given if the work will require subsequent repairs by the City.
J. 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 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).
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11. CLEAN UP. ACC is responsible for trash pickup at the Event. ACC must require all food
and beverage vendors to clean a designated zone adjacent to their respective booths at regularly
scheduled intervals. ACC 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 the ACC and taken to a location designated by the ACC. ACC 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, Parks Director will give ACC's Agent 2 hours notice to increase
services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for
reimbursement by ACC shall be pay.
12. RIGHT OF ACC TO USE PUBLIC STREETS. ACC acknowledges that the control and use
of Public Streets is declared to be inalienable by the City and except for the use privilege granted
herein, this Lease 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 and the compliance by ACC with the terms and conditions contained within this
Lease Agreement.
13. EMERGENCY VEHICLE LANES. ACC must at all times maintain Emergency Vehicle Lanes
upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all
obstructions.
14. SECURITY. ACC is responsible to determine whether to provide security officers during the
Event, and after the Event closes each night. ACC will assign the security officers duties. If the
City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide
off-site crowd and traffic control for the Event as needed and include costs of police officers in the
costs, §8 ACC FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty
stations by the Police Chief, or designee.
15. SAFETY HAZARDS. The ACC, upon written 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 included in the written notice of Safety Hazards.
16. INSURANCE. ACC agrees to comply with attached insurance Exhibit C. In addition,
ACC's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the
length of the Event and its related activities protecting against liability to the public. The insurance
must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and
property damage. ACC is required to provide a $1,000,000 Combined Single Limit Automobile
Liability Policy, providing coverage for owned, non-owned and hired vehicles. Subcontractors and
vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages,
bleachers, and any other associated materials to be utilized for the Event must have comparable
insurance policies,which must be filed at least two weeks prior to each Event. ACC must also furnish
insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death
or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any
of the ACC's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per
occurrence must be provided by the entity serving the alcohol. The City must be named as an
Additional Insured on all liability policies. ACC must furnish the Certificates of Insurance in at least
the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use
period each year.
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ACC must require all volunteers to sign an accident waiver form that ACC must keep on file. The
City Attorney will approve the form. In the event of accidents of any kind, ACC must furnish the
Risk Manager with copies of all reports of the accidents at the same time that the reports are
forwarded to any other interested parties. In addition, ACC must provide copies of all insurance
policies to the City Attorney upon City Manager's written request. Said insurance must not be
canceled, non-renewed or materially changed without 30 days prior written notice to the Parks
Director. The Risk Manager may increase the limits of insurance upon two (2) months written
notice to ACC.
17. INDEMNITY. ACC shall 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 any 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 ACC or any of its
agents, servants, employees, contractors, vendors, patrons, guests, licensees, or
invitees ("Indemnitors") entering upon City property to set-up and take-down, hold,
attend, or participate in the Arts Alive! event and associated activities, with the
expressed or implied invitation or permission of ACC, or when any injury or damage
is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of
any law, ordinance, or governmental order of any kind, or when the injury or damage
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 lndemnitors under this
Agreement.
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.
ACC covenants and agrees that if City is made a party to any litigation against ACC
or in any litigation commenced by any party, other than ACC relating to this ACC
Lease Agreement, ACC shall defend City upon receipt of reasonable notice regarding
commencement of the litigation.
18. 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 ACC:
Director of Parks and Recreation Art Community Center of Corpus Christi, Inc.
City of Corpus Christi Attn: Executive Director
P.O. Box 9277 % 00 1`1• 5 t$O EU 1.)2. (3L-Vb.
Corpus Christi, TX 78469-9277 Corpus Christi, TX 784Q I
(361) 880-3461 (361) VK'4— LAO(.p
FAX (361) 880-3864 FAX (361) cilliC 4—S it 3‘,
Page 8 of 15
19. ASSIGNMENT. ACC may not assign or transfer this Lease Agreement nor sublease the
whole or any part of the Premises or make any alteration therein without the prior written consent of
the City.
20. BREACH, TERMINATION. Any failure on the part of ACC to perform any of the covenants
contained in this Lease Agreement, or any breach of any covenant or condition by ACC entitles
City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any
license issued by City and no forbearance by City of any prior breach by ACC is a waiver by or
estoppel against City. In case of termination City is entitled to retain any sums of money theretofore
paid by ACC and the sums inure to the benefit of City as a set-off against any debt or liability of ACC
to City otherwise accrued by breach hereof.
21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease 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 ACC by the City are compensation for provision of
City services as described herein and for the right of ACC to use public property for the limited
purpose described herein.
22. CITY SERVICES SUBJECT TO APPROPRIATION. The ACC recognizes that the services
provided by the City pursuant to this Lease Agreement 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 September 30 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 Lease Agreement 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.
23. COMPLIANCE WITH LAWS. ACC must comply with all applicable federal, state, and local
laws and regulations, including without limitation compliance with Americans with Disabilities Act
requirements, all at ACC's sole expense and cost.
24. NON-DISCRIMINATION. ACC 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, handicap, color, or national origin.
25. DISCLOSURE OF INTEREST. (Exhibit D)ACC agrees to comply with City of Corpus Christi
Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract.
26. CERTIFICATE OF INTERESTED PARTIES. ACC agrees to comply with Texas Government
Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement. Form 1295 requires disclosure of"interested parties". These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of units,
percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business entity
of which the board or other governing body is composed of not more than 10
members; or
Page 9 of 15
c. service as an officer of a business entity that has four or fewer officers, or service
as one of the four officers most highly compensated by a business entity that has
more than four officers; or
(2) a person who actively participates in facilitating a contract or negotiating the terms of
a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_formI295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review the Texas
Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
27. CONFLICT OF INTEREST. Contractors agree, in compliance with Chapter 176 of the Texas
Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more
information and to determine if you need to file a Form CIQ, please review the information on the
City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index.
28. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits
constitute the entire Lease Agreement between the City and ACC for the use granted. All other
Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are
expressly revoked, as the parties intend to provide for a complete understanding within the provisions
of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating
to ACC's operations and the Premises to be used in the operations. The unenforceability, invalidity,
or illegality of any provision of the Lease Agreement does not render the other provisions
unenforceable, invalid, or illegal.
Executed in Duplicate Originals on , 2016.
ATTEST: CITY OF ORPUS CH- STI
LeACI`r/�rffiC
Rebecca Huerta Name: .e7!w -
City Secretary Title: ; . 7 , • �� �4
Approved as to form: LI, aOI
By: eZ'�.1/ll • `{f.e2wQUL
L
Lisa Aguilar, As� ' tant City Attorney sY COUNCIL_442'1
For the City Attorney tr.
10.
SECRETA•v' 1
Page 10 of 15
ART COMMUNITY CENTER OF CORPUS CHRISTI, INC.
By:
Name: DI N 1v `al L—U"& TZUK
Title: "V1���-��I�
Date: 3 t_.` Dom' t0
EXHIBIT A - Event Premises
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Page 12 of 15
EXHIBIT B
Set-Up Dates for Event: September 1, and 2, 2016
Thursday, September 1, 2016 8am — 6pm Event Set Up
Friday, September 2, 2016 — Event Set-Up
Dates for Event: September 3 and 4, 2016
September 3, 2016 — 10 am — 6pm
September 4, 2016 — 10 am — 4pm
Take Down Date for Event: September 5, 2016
September 5, 2016 — 8am to 1pm
Page 13 of 15
EXHIBIT C
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee (ACC) must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Lessee must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has
been obtained.
B. Lessee 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,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 $2,000,000 Aggregate
2. Premises—Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and
Dismemberment
$$5,000 for Medical
Page 14 of 15
LIQUOR LIABILITY $1,000,000 Per Occurrence
PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be
responsible for insuring all owned,leased or
rented personal property.
C. In the event of accidents of any kind related to this contract, Lessee 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, Lessee 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 Lessee will be promptly met. An All States Endorsement shall be required if
Lessee is not domiciled in the State of Texas.
B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and
any extension hereof, at Lessee'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. Lessee 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 Lessee or as
requested by the City. Lessee 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. Lessee 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;
Page 15 of 15
• 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, 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, Lessee shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to stop work hereunder, and/or withhold
any payment(s)which become due to Lessee hereunder until Lessee demonstrates compliance
with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee
may be held responsible for payments of damages to persons or property resulting from
Lessee's or its subcontractor's performance of the work covered under this contract.
H. It is agreed that Lessee'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.
It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
Insurance Requirements
Parks and Recreation Dept.
City of EXHIBIT D
Chrti
i CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements,
Certification and Definitions.
COMPANY NAME: The Art Center of Corpus Christi
STREET ADDRESS: 100 N. Shoreline Blvd.
CITY: Corpus Christi STATE: TX ZIP: 78401
FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner El
4. Association ❑ 5. Other X 501c3 non profit corporation
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department(if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer
an economic benefit on any City official or employee that is distinguishable from the effect that
the action will have on members of the public in general or a substantial segment thereof, you
shall disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)].
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested, and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur.
Managing
Certifying Person: Dianna Bluntzer Title: Director
Signature of Date:
Certifying Person: l »aures ] wx �2 May 24, 2016
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the city, whether under civil service or not, including part-
time employees and employees of any corporation created by the city.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant
City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus
Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of
venture or partnership agreements.
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-62533
The Art Center of Corpus Christi
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/26/2016
being filed.
The City of Corpus Christi 1E4 A Howlg Provide the identification number used by the governmental entity or state agency to track or identify on ct,and provide a
description of the services,goods,or other property to be provided under the contract.
74-1716003
community art event - pts NIA VC
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFI 0 : • I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
' !.::`
............... SANDRA ALVAREZ '
Notary Public ►
1 �' � STATE OF TEXAS ► 1
-.4;i:..;.:,..--:, Mly Comm. Exp. 05-26-2019 ► 1 • • \ t •
Signature of authorized agent of.Q tracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE �,/
Sworn to and subscribed before me,by the said Ng,{� -73/j� c /is t e 644' day of ,
20 I u ,to certify which,witness my hand and seal of office.
/ i 4
S(Lflli'7L Abar.�-- �2Gr
•nature of officer a II istering oath Printed name of officer administering oath Title of officer admi ering oath
Z--
do