Contract Review: Addendum A - Articles 4, 5, 6

5 months ago
CLOSED: This discussion has concluded.

For the final piece of the LARP Review, the Parks and Recreation Department is seeking community feedback on the main portions of the contract that all LAAP participants and PARD will sign. Addendum A (part 2) Article 4: Payments, Article 5: Program Protocols, and Article 6: Insurance of the contract is copied below. Please submit comments by Thursday, June 27, 2019.

You can all review a PDF of Addenda A, B, and C by clicking here.

ARTICLE 4: PAYMENTS

Partner’s Roles and Responsibilities:

4.01  Partner is responsible for the payment pursuant to the rental contract of a Damage Deposit commensurate with PARD’s Deposit as published in the City’s fee schedule pursuant to the rental contract.

4.02  Once the Deposit is received, and facility use requests have been approved, Partner may present a public presentation of work for a ticket fee to be determined by the Partner. A deposit for production may roll over to apply to the next production if the deposit has not been debited for damages sustained during the Partner’s production or if the deposit is the same amount for the Room designated for subsequent performances.

4.03  Failure to meet the guidelines of facility use as designated in the rental contract and this contract addendum will result in forfeiture of deposit.

4.04   If a deposit is forfeited the Partner is responsible for paying the appropriate deposit again for an upcoming presentation.

4.05   Of that determined ticket fee Partner will pay the PARD site a rental fee of $1 per ticket fee collected.

4.06   Private presentations to donors or sponsors are considered fundraisers and Partner will be responsible for paying the full rental fee.

4.07   Concessions may be sold during productions. Partners are not required to pay a portion of concession proceeds to PARD. Proper permitting from the Health Department must be secured and established guidelines must be followed. Required permits shall be submitted to PARD prior to the commencement of concessions being served. 

4.08   Alcohol may be sold as part of a concessions service to the public for performances and special events only. Partner will submit to PARD the Alcohol Request form (Attachment I Alcohol Request Form) if the Partner plans to sell or serve alcohol on PARD premises no later than 60 days prior to the date when the alcohol will be served. Partner will also have to submit all required documentation in an application to the Austin Center for Events (ACE).Alcohol may be sold only during performance dates. Proof of Liquor Liability insurance and proof of a sales tax certificate is required for approval of the Alcohol Request.

4.09   Partner must pay PARD invoices within 30 calendar days of receipt of invoice.  If payment is not made within the 30 days after receipt of the invoice, this agreement will be terminated.

4.10   Cancellation of production dates that result in a cumulative loss of revenue to the City of $2400 or more (for the potential rental of the space for the reserved time at the current rate in Attachment L COA fee schedule) will result in termination of this agreement.

PARD’s Roles and Responsibilities:

4.10   PARD will invoice the Partner for the rental fee within 10 working days of the Partners load-out date.

4.11   Any additional damages to the facility or equipment will be addressed with the Partner by PARD staff in writing within 10 working days of the end of the load-out period. 

4.12   PARD’s final invoice will include payment for any damages or losses incurred by Partner.

4.13   Free presentations provided to the public, with previous approval by PARD staff, will be considered a collaboration with PARD. Collaborations must be approved by the Site Manager and the Division Manager. Collaborations are exempt from the $1 per ticket sold fee but will be required to meet marketing guidelines for collaborations which require that the PARD site be named as a collaborator.

4.14   PARD will process alcohol request forms received no later than 60 days prior to the presentation and notify the Partner in writing no later than one (1) week prior to the presentation if the request was approved.

ARTICLE 5: PROGRAM PROTOCOLS

5.01   Any damages to the facility, equipment, etc. must be communicated by the Partner to the site manager or program coordinator within 24 hours of when the damage occurred.

5.02   Any contact with emergency service departments (Police, Fire Department, EMS, Animal Control, etc.) must be communicated by the Partner to the event staff, site manager or program coordinator within 24 hours.

5.03   Incidents or injuries must be documented by completing an Incident Report Form (Attachment K) within 24 hours of the incident. Incidents must be communicated to the site manager or program coordinator within 24 hours of the incident.

5.04  Use of the PARD facility is to be done in a clean and orderly fashion, without damage to adjacent spaces or art work.

5.05   Each Partner will be responsible for participating in an evaluation process on a biannual basis to evaluate the Partner’s performance in the program as well as provide feedback to PARD staff regarding the program. A final evaluation will be due at the completion of the partnership.

5.06   Partners are required to attend all meetings including orientation held by PARD staff to which they are invited to discuss program protocols.  In the case where the Partner’s principal is not available, a separate one-on-one meeting may be set with PARD’s Site Coordinator to discuss the meeting content.

5.07   Partners are required to adopt professional conduct in all their communications with PARD staff, other artists, and the public. Professional conduct is considered calm, respectful speech and conduct at all times. Direct and polite communications of concerns or issues to the personnel involved is also considered professional conduct. Inappropriate behavior will result in immediate termination from the Latino Artist Access Program.

ARTICLE 6: INSURANCE

General Requirements

6.01  The Contractor shall at a minimum carry insurance in the types and amounts indicated Attachment H, for the duration of the Contract, including extension options and hold over periods, and during any warranty period.

6.02  The Contractor shall provide Certificates of Insurance with the coverages and endorsements required in Attachment H, to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage.

6.03  The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor.

6.04  The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project

6.05  The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund.

6.06  The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable.

6.07  If insurance policies are not written for amounts specified in attached requirements the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.

6.08  The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies.

6.09  The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor.

6.10  The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract.

6.11  The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance.

6.12  The Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicated within the Contract.

6.13  The insurance coverages specified in attached requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor.


Please provide comments below by noting the particular section being referred to (for example: "section 4.02").





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