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.
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
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
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
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.
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
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.
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.
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.
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.
Contractor must submit certificates of insurance to the City for all
subcontractors prior to the subcontractors commencing work on the project
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.
“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.
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.
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.
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.
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
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.
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.
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").