ORDER NO. 31832 KERRVILLE CHRISTMAS LIGHTING CORPORATION AGREEMENT Came to be heard this the 27th day of September, 2010, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4 -0 -0 to: Approve the Annual Courthouse Lighting Agreement between Kerrville Christmas Lighting Corporation and Kerr County, and authorize County Judge to sign same. 1.1 31 13 c2- COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: BILL AMERINE OFFICE: KCLC (CHRISTMAS LIGHTING) orb MEETING DATE: SEPT. 27, TIME PREFERRED: 9:00 SUBJECT: ANNUAL COUTHOUSE LIGHTING AGREEMENT BETWEEN KCLC AND COUNTY. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: BILL AMERINE — PRESIDENT KCLC. ESTIMATED LENGTH OF PRESENTATION: 5 MINUTES IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. #31832 License Agreement This agreement, made the 27 day of September 2010, by and between Kerr County, Texas (hereinafter "County" of "licensor ") and Kerrville Christmas Lighting Corporation (hereinafter "KCLC" or "Licensee ") WHEREAS, Licensor is the owner of the property, commonly known as the Courthouse Square, the block of land and improvements located at 700 Main Street, Kerrville, Kerr County, Texas, and WHEREAS, Licensee, a 501(c)(3) Corporation, desires to erect, install maintain, operate, display, and remove certain seasonal holiday displays upon the above- described property, NOW, THEREFORE, is agreed as follows: Licensor hereby grants and demises upon Licensee the right to erect, install maintain, operate, display, and remove certain seasonal holiday displays upon the above - described property between the dates of October 1st, 2010 and January 17, 2011. All communication between Licensee and Kerr County employees, Kerr County Supervision and Corrections community service workers shall be through the Kerr County Facilities Manager or his designee. Any lighting displays to be affixed to the Courthouse proper shall be installed by persons designated by and under the supervision of the Kerr County Facilities Manager of his designee and will be installed at a time agreed upon by Kerr County Facilities Manager or his designee and Licensee. All displays must meet city code requirements, and be approved by Kerr County Facilities Manager prior to installation. The License is personal to Licensee. It is non - assignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Licensee shall obtain and provide proof of liability insurance coverage in the amount of $1,000,000.00 for any injury or damage arising from or related to this Agreement. This insurance agreement shall name Kerr County as an additional insured. Licensee shall indemnify and hold harmless Kerr County, its agents, and employees from any injury or damage arising from or related to this Agreement. Licensee shall comply with all federal and state safety laws, rules, and regulations in performing any action arising from or related to this Agreement. Licensee agrees to adequately supervise and provide training necessary for its members and lighting project designees to perform tasks under this Agreement in a safe manner. This license agreement is terminable by either party at will by the given of actual notice to the other party. LICENSOR: err Judge LICENSEE: President Kerrville Christmas Lighting Corp. Jody Grinstead From: rhenneke@co.kerr.tx.us Sent: Thursday, September 23, 2010 9:06 PM To: Jody Grinstead Subject: Re: Contract for Monday - Item 1.1 - Lighting Agreement.tif 1. "501(c) (3)" in the third paragraph has a typo. 2. 5th paragraph - delete "it's members and lighting project designees" 3. 6th psragraph (big one) - delete 2nd sentence. 4. Add the following: Licensee shall obtain and provide proof of liability insurance coverage in the amount of $1,000,000.00 for any injury or damage arising from or related to this Agreement. This insurance agreement shall name Kerr County as an additional insured. 5. Add the following: Licensee shall indemnify and hold harmless Kerr County, its agents, and employees from any injury or damage arising from or related to this Agreement. 6. Add the following: Licensee shall comply with all federal and state safety laws, rules, and regulations in performing any action arising from or related to this Agreement. Licensee agrees to adequately supervise and provide training necessary for Its members and lighting project designees to perform tasks under this Agreement in a safe manner. Otherwise, > > FOR YOUR REVIEW > The message is ready to be sent with the following file or link > attachments: > Item 1.1 - lighting Agreement.tif > > Note: To protect against computer viruses, e -mail programs may prevent > sending or receiving certain types of file attachments. Check your > e -mail security settings to determine how attachments are handled. 1 • Jody Grinstead From: Kerr 911 Main [kecd @kerr911.org] Sent: Monday, September 27, 2010 8:33 AM To: 'Jody Grinstead' Subject: - : • • •r Monday - Item 1.1 - Lighting Agreement.tif These changes are fine. W illiam E. Amerine Executive Director Kerr Emergency 9 -1 -1 Network (830) 792 - 5911 (Office) (830) 739 -5911 (Cell) (830) 792 -5923 (Fax) Original Message From: Jody Grinstead [ mailto :tgrinstead @co.kerr.tx.us] • Sent: Friday, September 24, 2010 9:30 AM To: 'Kerr 911 Main' Subject: FW: Contract for Monday - Item 1.1 - Lighting Agreement.tif Bill, Cur County Attorney made the following changes to the KCLC License Agreement you submitted- I've made those changes and have attached the revised License Agreement to this email for your review. Let me know if you have any questions or concerns. :hanks! Jody Grinstead Kerr County Commissioners' Court Coordinator 700 Main Street, Ste. 101 Kerrville, TX 78028 (830) 792 -2211 Original Message From: rhenneke?co.kerr.tx.us [mailto:rhenneke @co.kerr.tx.us] Sent: Thursday, September 23, 2010 9:06 FM To: Jody Grinstead Subject: Re: Contract for Monday - Item 1.1 - Lighting Agreement.tif 1. "501(c) (3)" in the third paragraph has a typo. 2. 5th paragraph - delete "it's members and lighting project designees" 3. 6th paragraph (big one) - delete 2nd sentence. 4. Add the following: Licensee shall obtain and provide proof of liability insurance coverage in the amount of $ 1,000,000.00 for any injury or damage arising from or related to this Agreement. This insurance agreement shall name Kerr County as an additional insured. 5. Add the following: Licensee shall indemnify and hold harmless Kerr County, its agents, and employees from any injury or damage arising from or related to this Agreement. 6. Add the following: Licensee shall comply with all federal and state safety laws, rules, and regulations in performing any action arising from or related to this Agreement. Licensee agrees to adequately supervise and provide =raining necessary for its members and lighting project designees to perform tasks under this Agreement in a safe manner. 1 Otherwise, > • FOR YOUR REVIEW > • The message is ready to be sent with the following file or link > attachments: > > Item 1.1 - Lighting Agreement.tif > • Note: To protect against computer viruses, e -nail programs may prevent > sending or receiving cer:.ain types of file attachments. Check your > e -mail security settings to determine how attachments are handled. • • • 2 CENTRAL CENTRAL PREMIER COMPANIES COMMERCIAL PROPERTY COVERAGE PART • F, „ , r , iy8 ,,, 1o,,,i,c S„m 1876 DECLARATIONS CENTRAL MUTUAL INSURANCE COMPANY POLICY NUMBER: CLP 8456844 POLICYPERIOD: FROM 10/10/2010 TO 10/10/2011 NAMEDINSURED:KERRVLLLE CHRIST THE FORM(S) AND ENDORSEMENTC: \/ A GA C R COVERAGE PART AND MADE PART OF THIS POLICY. PPEA ELSEWHERE IN THIS POLICY, HMI CP0010 04 02 CP0030 04 0 i _ 3 �u 141 , '01 10 065 42 06 05 CP1030 04 02 CP1032 08 0. 08 14-3085 05 10 14 -3249 07 OS IIII�UUV (\ j� ( ' INSURANCE AT THE DESCRIBED PRE `" v HIGH A LIMIT OF INSURANCE IS SHOWN. PREMISES BLDG 4 P `ll"''— NO NO 01 01 SEE 20 -1830 KERRVILLE TX 7802 OCCUPANCY: SER' DEDUCTIBLE: *500 EACH DCCI COVERAGES COVERED CAUSES UK LIMITATION OF LOSS BUILDING NU COVERAGE YOUR PERSONAL PROPERTY $8,000 NONE SPECIAL FORM PERSONAL PROPERTY OTHERS NO COVERAGE BUSINESS INCOME ACTUAL LOSS SUSTAINED OPTIONAL COVERAGES /LIMITATIONS /EXCLUSIONS REPLACEMENT COST APPLIES TO YOUR PERSONAL PROPERTY ONLY. DATA COMPROMISE 8 IDENTITY RECOVERY *120 DEDUCTIBLES: DATA COMPROMISE: $1,000 IDENTITY RECOVERY: $250 PREMIUM FOR CERTIFIED ACTS OF TERRORISM UNDER THE TERRORISM RISK INSURANCE ACT $2.00 THE ADVANCE PREMIUM DUE FOR THIS COVERAGE PART AT INCEPTION IS $234.00 DATE 09/07/2010 14 THESE DECLARATIONS, THE COMMON DECLARATIONS AND THE COMMON POLICY CONDITIONS, TOGETHER WITH COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF AM', ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 14-2010 11 85 PAGE 001 of 001 E•d d12 :go OT to daS 8456844 14 11 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS, CONTINUED NAMED INSURED KERRVILLE CHRISTMAS POLICY NUMBER CLP 8456844 THE FOLLOWING INFORMATION IS REQUIRED TO COMPLETE FORM CG2425 12 04 LIMITED FUNGI OR BACTERIA COVERAGE FUNGI AND BACTERIA LIABILITY AGGREGATE LIMIT - STATES OTHER THAN GEORGIA & NEW JERSEY: $25,000 AGGREGATE LIMIT GEORGIA: 5 50,,000 AGGREGATE LIMIT NEW JERSEY: 5100,000 AGGREGATE LIMIT IF THERE ARE MULTIPLE STATES ON THE POLICY, THE AGGREGATE LIMIT FOR • THIS POLICY IS EQUAL TO THE STATE WITH THE HIGHEST AGGREGATE LIMIT LISTED ABOVE. a5 a INES atfta MAggg BIBB DATE 09/07/2010 14 THESE DECLARATIONS, THE COMMON DECLARATIONS AND THE COMMON POLICY CONDITIONS, TOGETHER WITH COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 8 -1572 09 87 2 ' d dT2 :60 DT bZ daS NSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMPANIES DECLARATIONS Pu1iiin Ott Prontr•e Since 1876 CENTRAL MUTUAL INSURANCE COMPANY SAP Q 9 2010 POLICYNUMBER: CLP 8456844 POLICY PERIOD: FROM 10/10/2010 T010/10/2011 NAMEDINSURED :KERRVILLE CHRISTMAS GENERAL AGGREGATE LIMIT LIMITS OF INSURANCE (OTHER THAN PRODUCTS /COMPLETED OPERATIONS) $2,000,000 PRODUCTS /COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT $2,000,000 51,000,000 EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT $1,000,000 MEDICAL EXPENSE LIMIT 5300,000 ANY ONE FIRE $5,000 ANY ONE PERSON THE FORM(S) AND ENDORSEMENT(S) LISTED BELOW ARE APPLICABLE TOTHISCOVE COVERAGE PART AND MADE PART OF THIS POLICY. THESE FORMS AND ENDORSEMENTS, WHEN APPEARING ELSEWHERE IN THIS POLICY, HAVE THE SAME EDITION DATE. C60001 12 07 CG0068 05 09 CG0103 0 06 C6170 CI CG2196 03 05 CO2425 12 04 002426 07 04 CG2639 12 08 1 L 0021 0 04 I IL0168 09 08 8 -1529 10 01 8 - 1834 12 04 20 - 1934 11 07 0021 09 08 PREMIUM BASES A - AREA EXPOSURE REPORTING BASES A - C - TOTAL COST EACH M - ADMISSIONS B - PER 1,000 P - PAYROLL S - GROSS SALES U - UNITS IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, THE COMPANY INDICATED ABOVE AGREES TO PROVIDE THE INSURANCE STATED IN THIS POLICY. PREMISES NUMBER 01 SEE 20 -1830 KERRVILLE TX 78028 -0000 CLASSIFICATION CODE TERR PREMIUM NO BASES NO ADVANCE PREMISES AND OPERATIONS RATE PREMIUM SALES OR SERVICE ORGANIZATIONS 47367 012 PB PRODUCTS COMPLETED THE R GENERAL A AGGGREGATE SUBJECT TO 31,900 .487 S155TO =MP LIMIT. PREMIUM FOR CERTIFIED ACTS OF TERRORISM UNDER THE TERRORISM RISK INSURANCE ACT THE ADVANCE PREMIUM DUE FOR THIS COVERAGE PART AT INCEPTION IS $6 SI56 8 - 1572 09 87 T d d02 :60 OI bZ des #31832 License Agreement This agreement, made the 27 day of September 2010, by and between Kerr County, Texas (hereinafter "County" of "licensor") and Kerrville Christmas Lighting Corporation (hereinafter "KCLC" or "Licensee ") WHEREAS, Licensor is the owner of the property, commonly known as the Courthouse Square, the block of land and improvements located at 700 Main Street, Kerrville, Kerr County, Texas, and WHEREAS, Licensee, a 501(c)(3) Corporation, desires to erect, install maintain, operate, display, and remove certain seasonal holiday displays upon the above- described property, NOW, THEREFORE, is agreed as follows: Licensor hereby grants and demises upon Licensee the right to erect, install maintain, operate, display, and remove certain seasonal holiday displays upon the above- described property between the dates of October 1st, 2010 and January 17, 2011. All communication between Licensee and Kerr County employees, Kerr County Supervision and Corrections community service workers shall be through the Kerr County Facilities Manager or his designee. Any lighting displays to be affixed to the Courthouse proper shall be installed by persons designated by and under the supervision of the Kerr County Facilities Manager of his designee and will be installed at a time agreed upon by Kerr County Facilities Manager or his designee and Licensee. All displays must meet city code requirements, and be approved by Kerr County Facilities Manager prior to installation. The License is personal to Licensee. It is non - assignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Licensee shall obtain and provide proof of liability insurance coverage in the amount of $1,000,000.00 for any injury or damage arising from or related to this Agreement. This insurance agreement shall name Kerr County as an additional insured. Licensee shall indemnify and hold harmless Kerr County, its agents, and employees from any injury or damage arising from or related to this Agreement. Licensee shall comply with all federal and state safety laws, rules, and regulations in performing any action arising from or related to this Agreement. Licensee agrees to adequately supervise and provide training necessary for its members and lighting project designees to perform tasks under this Agreement in a safe manner. This license agreement is terminable by either party at will by the given of actual notice to the other party. LICENSOR: err Judge LICENSEE: 3 7 - 6- President Kerrville Christmas Lighting Corp. 09-27 -10;04:10PM;Garret insurance ;830 896 1822 tir 1/ 1 ! A &Mb I 9/27/ 010 • CERTIFICATE OF LIABILITY INSURANCE RATENILY1 ilvw•••• THIS CERTIFICATE is Issue, as A MATTER OF INFORMATION ONLY AND CONFERS NO RIGIfTs UPON THE CERTIFICATE HOLD R. THIS CEFMFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, OSTEND OR ALTER THE COVERAGE AFFORDED BY THE LICMS BELOV/. THIS CERTIFICATE OF INSURANCE t/OES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), D REPRESENTATIVE OR PRODUCER. AND ME CEFMFICATE HOLDER. IMPORTANT: N the certificate holder Is an ADDRIDNAL INSURED. the pollcyfles) =alba endorsed. It SUBROGATION IS WAIVED, s bject le the terms and conditions et the policy, certabo peados may reqtare an endorsement. A statement on tills cartificab does not confer ea to the certificatehaler In Oen elf such endorsement(s). i PRODUCER g AgOSIC3T Gantt Insurance Agency, Inc. &,,,,- (530) 096-6000 J ox WNW VOSNIsti 712 Rill Country Dr., Ste 202 : PO Has 291425 an ," i na0005986 Renville TX 78028 INSURERIS) AFFORDING COVERAGE tens INSURED stmenshA:Central Mutual ?C230 Mae: REMIIVILLIS CIIHISTEAS LIGHTING CORPORATION 1NSURERC3 , 2100 SWAZI' SAXER INSURER Os I INSURER E: XeltITSTILLE TX 7 SO 211 _ NASURPRE: . covemess CERTIFICATE NUMEIER:C 54092700770 REVISION NI/SABER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLO% FERO) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR ODNOMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VA-ION THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA /D CLAIMS. 1 MISR 1 AC AGOLIRIAN ERP tvit TIPI OF INSURANCE IOW wvis C Cli 01MILNI 14404 POLTOF , essowsrm WATS GENLNIALIJAIMAY _ EACt4 OCCURRENCE 5 t,000.000 IMINivEloRwcso 2 COstowcust. GENERAL usammr PRES:145E1So acwrotwal S 300,000 A 1 CLANISATADE Li] OCCUR =IP 04542144 34/10/10113 10/10/1011 MED ENT INN cespersen) S 5.000 — PERSONAL 4 WINSLOW $ 1,000.000 — GENERAL AGGREGATE 5 2,000,000 GERI. AGGNGSATE UNIT APPUE5PEEt PROTIUM - COPAROP AEG $ 2,000, 000 VI POLICY I tlef fl .0t $ *Drowses UANUTI COMM) SINGLE LINT — $ CER ateSSent) ANY AUTO GCCRLY INJURY (Par person) 5 ALLOWNED AUTOS — BODILY way we Reememp $ scNEOULEOAU11135 PROPERTY DAMAGE WRE0AU706 (PeaCOANO 5 NONOWNEO AUTOS S S UNINRCISA LEAR OCCUR ' --"' EMN OCOJRREPCE s MESS LAX C/AWS-RIADE AGGREGATE 3 osoutrate S RETENTION X 1 WORKERS COMPINEATON br'A ftt m - r u i lei:. 1 ARO FAPLOVVX3f11401511Y ST/ Pi I ANT PRIENTIETOWEARTNEREXEGLITNE ID CFFICERNWARBI EXCIAME07 NIA Et- MN ACCIDENT 3 (Nasgatew IR XX) EL OTSEASc• EA EMPLOY= $ _ l attAnWSPERSTIONS betas , E.L DISEASE • POLICY LIMIT 1 ' _ oEsoUP'noTT tIPOPRRATIONS 'LOCATIONS ?VEHICLES (Atach AGONISE:T. ANTINonal Plosaw SchedvIN.111won: ewe 1. rsw4INS) CERTIFICATE HOLDER CANCELLATION . , SHOULD ANY OF THE MOVE DESCRIBED POLICIES SE CANCEl SPORE THE EXPIRATION PATE THEREOF, NOTICE WILL BE 0 Et) IN Kerr County, Texan ACCoRDANCEwITH THE POLICY PROVISIONS. 700 Main Kt Kerrville, TX 78020 AVRIWRIZED REPRESENIATNR _ ACORD 25 (2005/09) 079811-2009 ACORO CORPORATION, AM rights toseroed. INS02.3 come The ACORD name and Imp are registered marks ofACORD I'd eac:oi at 132 =las