HomeMy WebLinkAboutC2018-035 - 1/30/2018 - Approved 1
LEASE AGREEMENT FOR FIESTA DE LA FLOR
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 Corpus Christi Convention and Visitors Bureau.
("CCCVB"), 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. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non-
profit corporation.
G. CCCVB's Agent - means a duly authorized representative of the CCCVB.
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 Fiesta de la Flor events and related activities sponsored by the
CCCVB, as described in Exhibit A. 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.
2018-035
1/30/18
Ord.031352
CVB
INDEXED
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M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or
designee.
N. Premises - means the Bayfront Park located along Shoreline Blvd. between Resaca
Street and Power Street; City streets bounded by Power Street, N. Water Street,
Resaca Street, and Shoreline; Barge Dock area, and other City property along
Shoreline as depicted on Exhibit C.
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 CCCVB 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 CCCVB the privilege of using
the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street
through end of Shoreline Blvd. to conduct its Event. CCCVB agrees to contact SMG, the
Art Museum of South Texas, the Port of Corpus Christi administrative offfices, and the
Federal courthouse to coordinate traffic plans around the Event locations.
4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen
circumstances may impact and change the Premises (Exhibit C) and other parts of this
lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and
CCCVB Agent and filed with the City Secretary and Parks Director, superseding the
existing Exhibit C. New Exhibit C becomes effective upon date of last signature.
5. FINAL EVENT LAYOUT DIAGRAM. The CCCVB'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. Two months prior to this year's Event the Parks Director,
Director of Street Operations and Police Chief will meet with CCCVB 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 C needs to be revised by the Parks Director and CCCVB. If
revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's
Agent may request additional meetings.
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7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected
with CCCVB may charge another fee to help defray the cost of entertainment.
8. CCCVB'S FINANCIAL OBLIGATIONS.
A. Permit Fees. The CCCVB 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 PermitNendor Fees,
Development Services Permit Fees, Traffic Engineering cost recovery fee of $550 for
changes to the Traffic Control plan, and Firework Permit Fee.
B. Costs of City Services. City agrees to provide the following services at 50% of
actual City costs. The current estimate for City services to be provided is as follows:
1) Parks and Recreation. Rental of Bayfront Park - $11,000.00 and fee for
reservation rental of Water Gardens - $1600.00
2) Police. Security at Event on Friday: 19 officers for 6.5 hours = $7,485.88;
Security at Event on Saturday: 22 officers x 12 hours= $16,002.21. Total
estimate is $23,488.09. This does not include security for afterhours, or
money security for the Event.
3) Police to provide traffic control at the points surrounding the Event as
required by the CCPD to enforce the traffic control points on the plan:
$22,245.00.
4) Solid Waste Operations. Sweeping of downtown streets - $563.00.
The Parks Director will invoice the CCCVB for costs of all 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 CCCVB's Agent, the Parks
Director will furnish reasonable supporting documentation of the charges within ten
(10) calendar days.
CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after
- - -submittal to CCCVB shall result in a late payment fee being assessed against
CCCVB. 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. Weather Considerations If there is a hurricane or other weather activity, or event
outside the control of the parties that eliminates the Event or that reduces attendance
at the Event by more than 50% from the CCCVB anticipated attendance levels, the
City Manager is delegated the authority to adjust the billing of City's Costs.
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D. Deposit. The CCCVB 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 CCCVB within 30 days after the Event.
E. 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 CCCVB, its employees, volunteers,
invitees, vendors, contractors, or subcontractors. City will give the CCCVB an
opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing
the CCCVB for any additional cost of repair.
1. Repairs to Premises. Parks Director will provide the CCCVB'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
CCCVB has vacated the property, following the conclusion of the Event.
CCCVB 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 CCCVB must fill and compact all holes. If fill material is needed,
it must be approved by Parks Director. If the CCCVB fails to restore any items
on the Punchlist, Parks Director may first utilize the Deposit to do so; then
invoice the CCCVB 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 CCCVB'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. CCCVB will pay City's invoice for damages,
within 30 days after City tenders the invoice to CCCVB's Agent, less any
amount(s) the CCCVB has disputed.
9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments,
as outlined below.
A. Special Event Permit. CCCVB 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.
CCCVB 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
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Ordinances. All temporary street closures on a temporary basis are subject to the
requirements of City Code of Ordinances.
B. Temporary Promotional Event Permit CCCVB 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
CCCVB to call each inspector for an appointment to inspect and get approval for
each temporary service before the Event begins. CCCVB may obtain an Electrical
Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy
this requirement.
C. Vendor Permit. CCCVB 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.
CCCVB 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. CCCVB must require all vendors to obtain and comply with
appropriate permits, including permits from the Alcoholic Beverage CCCVB 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.
CCCVB shall be responsible for payment of all City Health Permit Nendor 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, CCCVB 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, CCCVB must obtain necessary permits from
the United States Coast Guard.
G. Additional Permits. CCCVB's Agent shall notify the Parks Director of any special
conditions imposed by any permitting agency.
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H. Music and Movie Licenses. CCCVB 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 CCCVB 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. CCCVB 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.
B. Parking. The CCCVB 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. CCCVB'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 CCCVB 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. CCCVB may provide temporary 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 C may be revised to enlarge or
decrease the fenced area in accordance with the CCCVB's needs upon Parks
Director's concurrence, as outlined in §4, PREMISES REVISIONS.
F. Storm Water System Protection. CCCVB 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.
CCCVB must remove the screens within the non-exclusive use period after the close
of the Event. However, CCCVB 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 CCCVB provides the Parks Director prior written
assurances that CCCVB will remedy said damages in accordance with §8 CCCVBS
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FINANCIAL OBLIGATIONS above and Parks Director approves the construction in
writing.
H. Temporary Buildings. CCCVB 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).
11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must
require all food and beverage vendors to clean a designated zone adjacent to their
respective booths at regularly scheduled intervals. CCCVB 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
CCCVB and taken to a location designated by the CCCVB. CCCVB 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 CCCVB'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 CCCVB shall be pay.
12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB 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
CCCVB with the terms and conditions contained within this Lease Agreement.
13. EMERGENCY VEHICLE LANES. CCCVB 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. During Event hours, CCCVB agrees to utilize CCPD officers to provide
security, to be coordinated through a CCPD-designated liaison. Costs for the CCPD
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officers are covered in §8 CCCVB FINANCIAL OBLIGATIONS, above.. However, the
full costs for the liaison are to be invoiced separately to the CCCVB.
CCCVB may provide additional security officers during the Event, and after the Event
closes each night, until it opens the next day. CCCVB will assign the security officers
duties.
If the City Police Chief determines it is necessary, the Police Chief will assign additional
Police Officers to provide off-site crowd and traffic control for the Event beyond the
boundaries of the Event and traffic control plans identified in this contract. The use of
additional police officers will be billed at full cost and will be included in the final invoice.
Event organizer will be informed if additional officers are needed.
15. SAFETY HAZARDS. The CCCVB, 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. CCCVB agrees to comply with attached insurance Exhibit D. In
addition, CCCVB'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. CCCVB 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. CCCVB 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 CCCVB'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. CCCVB 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.
CCCVB must require all volunteers to sign an accident waiver form that CCCVB must
keep on file. The City Attorney will approve the form. In the event of accidents of any
kind, CCCVB 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,
CCCVB 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
CCCVB.
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17. INDEMNITY. CCCVB 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 CCCVB
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 Fiesta de la Flor event and associated
activities, with the expressed or implied invitation or permission of CCCVB, 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 Indemnitors 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.
CCCVB covenants and agrees that if City is made a party to any litigation against
CCCVB or in any litigation commenced by any party, other than CCCVB relating to
this CCCVB Lease Agreement, CCCVB 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 CCCVB:
Director of Parks and Recreation Event Manager
City of Corpus Christi Corpus Christi CCCVB
P.O. Box 9277 101 N. Shoreline Blvd. Suite 430
Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401
(361) 880-3461
FAX (361) 880-3864
19. ASSIGNMENT. CCCVB 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 CCCVB to perform any of the
covenants contained in this Lease Agreement, or any breach of any covenant or
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condition by CCCVB entitles City to terminate this Lease Agreement without notice or
demand of any kind, not withstanding any license issued by City and no forbearance by
City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of
termination City is entitled to retain any sums of money theretofore paid by CCCVB and
the sums inure to the benefit of City as a set-off against any debt or liability of CCCVB 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 CCCVB by the City are compensation for provision of City services as described
herein and for the right of CCCVB to use public property for the limited purpose described
herein.
22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB 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. CCCVB must comply with all applicable federal, state,
and local laws and regulations, including without limitation compliance with Americans
with Disabilities Act requirements, all at CCCVB's sole expense and cost.
24. NON-DISCRIMINATION. CCCVB 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 Interests. CCCVB agrees to comply with City of Corpus Christi Ordinance No.
17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to
comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of
Interested Parties as part of this contract. For more information, please review the information on
the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply
with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's
Office, if required. For more information and to determine if you need to file a Form CIQ, please
review information on the City Secretary's website at
26. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached
Exhibits constitute the entire Lease Agreement between the City and CCCVB 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 CCCVB's
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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 on23 , 2018.
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ATTEST: CITY OF CORPUS CHRISTI
-te___J-L-C4_,ei".-/---1--,,„(-7.. L-h)cuort) c, ke\ &J
R becca Huerta Margie C. Rose
City Secretary City Manager
Approved as to form: ii 3 / l k
By: o 61-Al14 c
Lisa Aguilar, Assi ant City Attorney O rd .�� ��,52
For the City Attorney ----•••._.................7i11U • g.t..
ST COUNCIL. _ 1 ".JO C8
SECRETARY
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CO CH TI CONVENTION AND VISITORS BUREAU
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Name: ko, s q
Title: _ .
Date: \ 1E
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EXHIBIT A
Description of Fiesta de la Flor and related activities
Fiesta de la Flor - scheduled for April 13-14, 2018 - celebrates the fourth year of the festival
dedicated to honoring the life and legacy of Corpus Christi's hometown icon,Selena Quintanilla.
Predominately a music festival, Fiesta de la Flor features an incredible line-up of Latino musical
acts that have tremendous drawing power across the globe.
The footprint for the 2018 festival allows for shopping experience of international artisan
vendors located inside the American Bank Center, an expansive food truck court that highlights
South Texas cuisine and increased seating space of attendees.
With top-notch production values, high-quality tech, a stellar fireworks show and many more
amenities, the 2018 Fiesta de la Flor plans to build on its reputation as a transformative
experience for Selena fans across the world!
In 2017, the Fiesta de la Flor attracted approximately 55,000 attendees. Sixty-one percent of
the attendees were from outside the greater Corpus Christi metroplex and the festival generated
an estimated indirect economic impact of $15 million. The influx of visitors to Corpus Christi
created 83.9% overall occupancy in hotels city-wide. Hoteliers enjoyed increased ADR
(average daily rates)of over 21.7% compared to the same weekend in 2016. Attendees came
from all over 42 countries - including Mexico, Brazil, Ecuador, Canada and more.
Pre sale tickets will be sold online via www.eventbrite.com;festival organizers continue work to
honor Selena's diverse fan base by providing an exceptionally affordable festival ticket price
point.
Other opportunities for pre-sale ticket purchases will be announced after February 1, 2018.
Fiesta de la Flor could not happen without it's valued community partners and its sponsors.
The Corpus Christi Convention and Visitors Bureau gratefully acknowledges the Quintanilla
family for their continued support and partnership in the development and success of Fiesta de
la Flor.
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EXHIBIT B
Dates of Fiesta de la Flor: Friday,April 13, 2018 and Saturday April 14, 2018
Set-Up: Monday,April 9, 2018, with phased traffic closures beginning on
that same day.
Take Down: Sunday,April 15, 2018, with traffic control devices removed
early morning Monday,April 16, 2018.
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EXHIBIT C
Site Map and Description of City Property being Utilized. Specific site layout may be subject to
change.
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EXHIBIT D
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee(CCCVB) 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
I. Owned
2. Hired and Non-Owned
3. Rented/Leased
VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and
Dismemberment
$$5,000 for Medical
LIQUOR LIABILITY $1,000,000 Per Occurrence
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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;
• 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
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• 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 (1 0) 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.
1. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
2014 Insurance Requirements
Parks and Recreation Dept.
Fiesta De La Flor Event
12/29/2014 ds Risk Management