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HomeMy WebLinkAboutC2019-484 - 9/6/2019 - Approved• Page 1 of 14 LEASE AGREEMENT FOR QUE BUENO TACO FESTIVAL 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 Corpus Christi PATCH, Inc. ("CC PATCH"), 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. CC PATCH — means the Corpus Christi PATCH, Inc. a Texas non--profit corporation. G. CC PATCH's Agent -- means a duly authorized representative of the CC PATCH. 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 Que Buena Taco Festival events and related activities sponsored by the CC PATCH. 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 area located at the following streets: Taylor Street between Mesquite and Chaparral;; Mesquite Street between Taylor and Peoples Street, Starr Street between Lower Broadway to Water Street; and Chaparral Street between Starr to Peoples Street, as further depicted in Exhibit A. O. Risk Manager-- means the Director of the City of Corpus Christi's Risk Management Division, or designee. QrU_1 - u g g Aultium .S. n c'vuc'. 9 /O(o 14 SCANNED sEA.iWAB Page 2 of 14 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 CC PATCH 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 CC PATCH the privilege of using the Premises as defined herein for the Que Bueno Taco Festival 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 CC PATCH 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 CC PATCH'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 CC PATCH 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 CC PATCH. If revised, new Exhibit A will follow process in §4 PREMISES REVISIONS. CC PATCH's Agent may request additional meetings. 7. ADMISSION FEE. CC PATCH may charge an admission fee to enter the Premises for the Event. 8. CC PATCH'S FINANCIAL OBLIGATIONS. A. Permit Fees. The CC PATCH 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 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 CC PATCH 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 CC PATCH's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. Page 3 of 14 CC PATCH's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CC PATCH shall result in a late payment fee being assessed against CC PATCH. 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 CC PATCH 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 CC PATCH 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 CC PATCH, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CC PATCH an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CC PATCH for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the CC PATCH'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 CC PATCH has vacated the property, following the conclusion of the Event. CC PATCH 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 CC PATCH must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CC PATCH fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so;; then invoice the CC PATCH 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 CC PATCH'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. CC PATCH will pay City's invoice for damages, within 30 days after City tenders the invoice to CC PATCH's Agent, less any amount(s) the CC PATCH has disputed. 9. GENERAL PERMITS. CC PATCH shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. CC PATCH 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. CC PATCH 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. B. Temporary Promotional Event Permit CC PATCH will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Page 4 of 14 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 CC PATCH to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CC PATCH may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CC PATCH must ensure all mobile food units and temporary food service establishments comply with all applicable City ordinances and also requirements of the Corpus Christi--Nueces County Health District for the sale of foods and the protection of the public welfare. CC PATCH 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.) D. Alcohol Vendors. CC PATCH must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CC PATCH 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. CC PATCH 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, CC PATCH 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, CC PATCH must obtain necessary permits from the United States Coast Guard. G.Additional Permits. CC PATCH's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H.Music and Movie Licenses. CC PATCH 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 CC PATCH 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. CC PATCH 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 CC PATCH will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities Page 5 of 14 C. Signage and Advertising. CC PATCH'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 CC PATCH 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,. CC PATCH 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 CC PATCH's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. CC PATCH 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. CC PATCH must remove the screens within the non--exclusive use period after the close of the Event. However, CC PATCH 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 CC PATCH provides the Parks Director prior written assurances that CC PATCH will remedy said damages in accordance with §8 CC PATCH FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. CC PATCH 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. CC PATCH is responsible for trash pickup at the Event. CC PATCH must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CC PATCH may designate the zone, but it will not be less than 10 Page 6 of 14 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 CC PATCH and taken to a location designated by the CC PATCH. CC PATCH 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 CC PATCH'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 CC PATCH shall be pay. 12. RIGHT OF CC PATCH TO USE PUBLIC STREETS. CC PATCH 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 CC PATCH with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. CC PATCH 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. CC PATCH is responsible to determine whether to provide security officers during the Event, and after the Event closes each night. CC PATCH 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 CC PATCH FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The CC PATCH, 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. CC PATCH agrees to comply with attached insurance Exhibit C. In addition, CC PATCH'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. CC PATCH 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. CC PATCH 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 CC PATCH'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. CC PATCH 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. CC PATCH must require all volunteers to sign an accident waiver form that CC PATCH must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, CC PATCH 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, CC PATCH must provide copies Page 7 of 14 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 CC PATCH. 17. INDEMNITY. CC PATCH 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 CC PATCH 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 event and associated activities, with the expressed or implied invitation or permission of CC PATCH, 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. CC PATCH covenants and agrees that if City is made a party to any litigation against CC PATCH or in any litigation commenced by any party, other than CC PATCH relating to this CC PATCH Lease Agreement, CC PATCH 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 CC PATCH: Director of Parks and Recreation Corpus Christi PATCH, Inc. City of Corpus Christi Attn: Monica Sawyer P.O. Box 9277 402 Peoples Street Suite 1A Corpus Christi, TX 78469--9277 Corpus Christi, TX 78401 (361)880--3461 (361)442--8456 FAX (361) 880--3864 19. ASSIGNMENT. CC PATCH 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. Page 8 of 14 20. BREACH, TERMINATION. Any failure on the part of CC PATCH to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by CC PATCH 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 CC PATCH is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CC PATCH and the sums inure to the benefit of City as a set--off against any debt or liability of CC PATCH 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 CC PATCH by the City are compensation for provision of City services as described herein and for the right of CC PATCH to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CC PATCH 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. CC PATCH must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CC PATCH's sole expense and cost. 24. NON--DISCRIMINATION. CC PATCH 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) CC PATCH 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. CC PATCH agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.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 CC PATCH 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 Page 9 of 14 within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CC PATCH'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. ATTEST: /OIZCZA H-CAJ2-4CITY OF CORPUS CHRISTI TRe ecca Huerta Name: p .0-2.. pc woe City Secretary Title: G "r AAA na,er Approved as to form: Al), j 5 - By: i..44)7 Assistant City rney For the City Attorney Corpus Christi PATCH, Inc. By: Name: Monica McLeod Sawyer Title: President Date: Flo// Exhibit A ‘QUEB ii END! Main + TACO FEST park ride& drop off 2."insider"entrance inside , House of Rock . =site perimeter/ R biz participating i.;- • --1"—, ?:: b0 „ - ' =fence 4 -r` =emergency lane i +'-. - 1 ',t,. =gate or moveable ` „� 4 ti, barrier for special entry - }� . '-••., i •, ._..... T.j ' =water barricades r I. =city road closed verticals . ; lc, /4 I ,4_41. 1 ' r_ 4� �' =not festival,pass access - . i if • for tenant/special parking ► .p ,r jr =ATMs _ , I ���t�ta_ • =tickets =beer _ J • =potties • =lights 'I _•- C �� u 4,1° ", ' Vendor/ ,. I' ! '_ VIP Parking tart* IL -- L a , -- `' ` = , Taylor St. _ ; . f .�, La Tienda fish a vendor P • 4,: a parking rmir ,-- '•' *"-' Ritz Theatre " �` Me Staff/Vendor Parking 3 • I , ¢ +dumpster/beer trucks )Q =owl• i• - .. y ' • : I , ., �,• BUS 1 G. nac e . �:r i ;•i Rockits $ {entrance/ . •• 1 --• _ '` A market) f' ^ . •TelloLot• rj i.,. Axis • • .:•• S 1 :: J Houseof Rock KSPACr • r w 1 1 •i (Loteria) �`�{ The Bay Jewel .,. I 1 �. or Mesquite (command ctr/ Mulligans ri p� 4' it p 1st Pizza . VIP lounge' F• resco r. OEM` �` ® ` ra�•�...+�� Staff Parking ' , _ - a i• ..- . , i•1 ll,‘ .1-7 I. i • t 1- ` Cpl! •• - iJ h 7t d� i . / t.''' • - - ,, .•. .. f l' * ._� ` to t • Q. 1' ' a r r a 6 _ „ ,. .,.. . , ,. _ 0,. 0,, -*mu �� 1.7�� Q Page 12 of 14 EXHIBIT B 2019 EVENT Set--Up Dates for 2019 Event: September 13, 2019 5 p.m. thru September 14, 2019 10:30 a.m. Dates for 2019 Event: September 14, 2019 — 11 am — 10pm Take Down Date for 2019 Event: September 14, 2019— 10:00 pm thru September 15, 2019----noon • Page 13 of 14 EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee(CC PATCH) 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 $10,000 for Accident Death and COVERAGE Dismemberment $5,000 for Medical Page 14 of 14 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 14 • 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.