HomeMy WebLinkAboutC2018-648 - 9/18/2018 - Approved 1
LEASE AGREEMENT FOR FRONTERA
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 homerule municipal corporation ("City"), acting through its duly
designated City Manager, and the Corpus Christi Convention and Visitors Bureau.
("CCCVB"), a Texas nonprofit 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 homerule 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 Frontera 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.
U police Chi f2gitr ssthe Chief of the City of Corpus Christi's Police Department, or
9/18/18
Ord. 03154.5
CVB
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N. Premises means La Retama Park, the boundaries of which are between Schatzell
Street and Peoples Street, Mesquite Street and Lower Broadway Street as depicted
on Exhibit C.
0. 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 La Retama Park to conduct its Event. CCCVB agrees to contact
surrounding property owners within a two block radius to coordinate any traffic
plans around the Event location and to address exclusive use of La Retama Park.
4. PREMISES REVISIONS. Construction along the downtown area 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.
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.
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A. permit Fees. 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, Health
PermitNendor 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 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.
C. 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.
D. 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.
F. 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.
F. 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
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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 condusion 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 Evept 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 dosure, 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.
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/
Vendor and related fees. (For example, the Temporary Food Service Establishment
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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.
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 dose proximity to the entrances of the Event and its related activities
C. Sianaae and Advertisina. 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.
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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 dosed 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 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 semipermanent 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 premed( 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 dean 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 dean 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
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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.
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 Frontera 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 teens 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
condition by CCCVB entitles City to terminate this Lease Agreement without
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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 setoff
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 httas://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 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.
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Executed in Duplicate Originals on ("Yttik.leite_.. , 2018.
ATTEST: CITY OF CORPUS CHRISTI
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Re Huerta Keith Selman
City Secretary Interim City Manager
Approved as to form: (i .20 " 1
By:
Lisa Aguilar, Assistant ity Attorney oSi S
For the City Attorney hu L4.
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SECRETAR
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-'" CORP b S CHRISTI CONVENTION AND VISITORS BUREAU
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Name: i * - 11 1 0
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Date: o INK
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EXHIBIT A
Description of Frontera and related activities
Corpus Christi's rich and diverse history steps out into the spotlight with Frontera - an
immersive experience that celebrates the people, places and events that make the Coastal
Bend a historical and cultural cornerstone.
Beginning November 2, 2018, the City of Corpus Christi Parks and Recreation Department,
the Corpus Christi Convention and Visitors Bureau, the Corpus Christi Museum of Science
and History, the Corpus Christi Downtown Management District, the Friends of Old Bayview
Cemetery and the Corpus Christi Library system present a robust and introspective look into
the well-known(and not-so-well known)stories that built its history.
Event programming indudes a Historic Old Town Square in Heritage Park, historical re-
enactments at Old Bayview Cemetery, Coastal Bend Booknotes, Downtown Doc McGregor
History Walk, Bay tour highlighting the Port of Corpus Christi and Seawall history, theatrical
performances (with a modem twist) in La Retama Park, reopening the La Retama Park
tunnels and special pricing at the Corpus Christi Museum of Science and History.
For the purposes of this lease agreement, Frontera requests exclusive use of La Retama
Park for the rehearsal and presentation of theatrical performances from October 29 -
November 4,2018.
The park will be fenced and Frontera organizers will have tickets available for purchase for
each performance at www.eventbrite.com.
The organizers gratefully acknowledge Frontera's community partners and sponsors.
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EXHIBIT B
Dates of Frontera: Friday,November 2, 2018 through Sunday,November 4, 2018
Set-Up: Monday,October 29,2018,with phased staging,lights and
production elements installation beginning on Wednesday,
October 31,2018.
Take Down: Sunday,November 4,2018 beginning in the early evening.
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EXHIBIT C
Tentative 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
L 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 Per occurrence- aggregate
change 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
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VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and
Dismemberment
$$5,000 for Medical
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
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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
• 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.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
18
2014 Insurance Requirements
Parks and Recreation Dept
Frontera Event
12/29/2014 ds Risk Management