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HomeMy WebLinkAboutResolution - 2017-R0103 - Rules And Regulations Regarding Commercial Watercraft Rentals On Lubbock Lakes - 03/09/2017Resolution No.2017-R0103 Item No.6.13 March 9,2017 RESOLUTION WHEREAS,Section 16.01.004 (2)of the City of Lubbock Code of Ordinances makes it unlawful "to place and/or operate any boat,raft or other watercraft capable of being occupied byoneor more persons,whether motor-powered or not,inor onthe waters ofany pool,lakeor river in anyparkwithinthe city"withouta permit;and WHEREAS,the Code provides that the Director of Parks and Recreation may issue a permit for "the use of zero-emission boats, rafts, or other watercraft;"and WHEREAS,the issuance of a permit is contingent upon the designation of certain locations at whichthe activity authorized bythepermitmay occur;and WHEREAS,the Parks and Recreation Department Boat Permit does not provide for the commercial use of paddleboats,stand-up paddleboards,and similartypes of non-motorized watercraft;and WHEREAS,the Parks and Recreation Department has received numerous requests from various vendors to offer paddleboat,stand up paddleboard,and other similar types of watercraft concessions at certain City of Lubbock Parks;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1.THAT the City Council hereby adopts the "Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways"(the "Rules") and the "Concessions Permit Application for Commercial Watercraft on City of Lubbock Lakes and Waterways" (the "Permit Application")for the City of Lubbock Parks and Recreation Department in order to allow vendors to provide paddleboat,stand up paddleboard,and other similartypes of watercraft concessions at City of Lubbock Parks. SaidRules and PermitApplicationare attachedheretoand incorporatedinthis resolutionas if fullyset forth hereinand shallbe includedin the minutesofthe City Council. 2.THAT the City Council hereby grants the City Manager orhis designee the authority to approve or deny a Permit Application. 3.THAT the City Council hereby imposes on any approved Permit Application a permit fee of two hundred fifty dollars ($250). 4.THAT the City Council hereby sets apart and designates the waterways depicted and described in Exhibit A of the Rules attached hereto for the non-exclusive use of approved vendors to provide paddleboat,stand-up paddleboard,or other similar types of watercraft concessions. Passed by the City Council on March 9, 2017 LA/ DANIEL M. POPE, MAYOR ATTEST: Reb ca Gana, City eereta< APPROVED AS TO CONTENT: Scott Snider, Assistant City Manager APPROVED AS TO FORM: Tustin P c sistant City Attorney ccdocs/RES, Adoption — Watemmft Concessions Rules and Permit Application — Parks and Recreation February 21. 2017 Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways General Purpose The City of Lubbock Parks and Recreation Department (the "City") operates and maintains various parks and lakes for public use within the City. These Rules and Regulations (the "Rules") are binding on any vendor (the "Vendor") that wishes to obtain a permit from the City for the right to operate a for -profit concession within the City for the rental of paddle boats, paddle boards, kayaks, or other non -motorized watercraft (the "Permit"). The City may grant the Permitto the Vendor to operate such a concession, with such Permit being limited to a specific geographic area as designated in the Permit (the "Permitted Area"). A comprehensive list of concession sites is attached to these Rules as "Exhibit A." Permit, Permit Application, and Permit Fee Unless otherwise approved by the City, each Vendor must submit a Permit application to the City by December 15`b of the year preceding the year in which the Permit is issued. Each Vendor shall be required to pay to the City a non-refundable two hundred fifty dollar ($250) fee for each Permit. A Permit is non-transferrable, non -assignable, non-refundable, and is not subject to amendment. A Permit is valid from January 1 through December 31 in the year that it was issued (the "Permit Year"), and automatically expires at the end of the Permit Year. Insurance/Indemnification Requirements Each Vendor shall procure and carry, at its sole cost and expense, throughout the duration of the Permit, insurance protection in a form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with the Permit, including, but not limited to, all aspects, operations, or occurrences to which the Vendor has indemnified the City as required in these Rules. A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior to the provision of any Permit. The Vendor shall provide to the City proof of the below -described insurance on or before thirty (30) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. Each Vendor is required to obtain the following coverage: (1) Commercial General Liability Insurance. The Vendor shall have commercial general liability insurance and such coverage must have either a minimum limit of five hundred thousand dollars ($500,000) bodily injury per person, five hundred thousand dollars ($500,000) bodily injury per occurrence, and five hundred thousand dollars ($500,000) property damage; or one million dollars ($1,000,000) combined single limit coverage. The City and the Vendor shall be named as an additional insured on a primary and non-contributory basis in such policy. (2) Automotive Liability Insurance. The Vendor shall have auto liability insurance, with limits of five hundred thousand dollars ($500,000) combined single limit. The City shall be named as an additional insured on a primary and non-contributory basis in such policy. If the Permitted Area shall be partially destroyed by any casualty insurable under the Vendor's insurance policy, the Vendor shall, upon receipt of the insurance proceeds, repair the same. If the Permitted Area shall be damaged as a result of a risk which is not fully covered by the Vendor's insurance, then the Vendor shall either (a) repair or rebuild the damaged improvements to the extent of available insurance proceeds, or (b) terminate the Permit and assign the insurance proceeds to the City. If the Vendor fails to repair or Rules and Regulations Regarding Commercial Watercraft Rentak an city of Lubbock Lakes and Watessai Pages Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways rebuild the damaged improvements to the extent of available insurance proceeds or terminate the Permit and assign any insurance proceeds to the City, the City shall have the right to terminate the Permit. THE VENDOR SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS (THE "INDEMNIFIED PARTIES"(, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY FROM, OR ARE RELATED TO, IN ANY WAY, MANNER, OR FORM, TO THE ACTIVITIES CONTEMPLATED BY THE PERMIT, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS, OR LIABILITIES ARISING FROM, OR RELATED TO, IN ANY WAY, MANNER, OR FORM, THE ACT OR OMISSION OF THIRD PARTIES. THE VENDOR FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE INDEMNIFIED PARTIES ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR RELEASE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE INDEMNIFIED PARTIES, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, THE VENDOR SHALL PAY TO THE INDEMNIFIED PARTIES, AS APPLICABLE, ALL ATTORNEY'S FEES INCURRED BY SUCH PARTIES IN ENFORCING THE VENDOR'S INDEMNITY IN THIS SECTION. THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR, FROM, OR AGAINST, AND THE VENDOR HEREBY RELEASES THE INDEMNIFIED PARTIES FOR, FROM, AND AGAINST, ANY LOSSES, DAMAGES, CLAIMS, OR LIABILITIES TO THE VENDOR, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE, OF ANY TYPE OF DEGREE OR FAULT, OF THE CITY ARISING FROM, OR RELATED TO, IN ANY WAY, MANNER, OR FORM, THE UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PORTION OF, THE PERMIT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THE PERMIT. Certi�Cations At the time of the Permit application, and throughout the duration of the Permit, each Vendor must provide proof to the City that it has completed the Texas Parks and Wildlife Department's Boater Safety course. All of the Vendor's employees, agents, or volunteers that interact with the public at the Permitted Area must also have a CPR and First Aid certification from the American Red Cross, American Heart Association, or other certifying body. Safety Equipment and Safety Measures Each Vendor will provide, instruct in the appropriate use of, and require that its customers wear a properly fitting lifejacket at all times while the Vendor's customers are engaged in the activity authorized under the Permit. For the safety of its customers, equipment provided by the Vendor must be inspected after each use. Equipment with visible damage must be repaired or replaced before it is provided to another customer. The Vendor will also provide contact information for both itself and local emergency personnel to all of its customers. The Vendor agrees to require any child under eighteen (18) years of age shall be accompanied by an adult parent or legal guardian when the child is participating in the Vendor's concession. The Vendor agrees not to operate in times of hazardous weather conditions based upon the issuance of a National Weather Service warning for Lubbock County or when the City determines that the conditions are unsafe. Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock lakes and Waterways Page Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways The Vendor will provide for its patrons its rules and regulations. The Vendor shall require all of its employees and customers to read and understand the rules and regulations prior to their participation in the Vendors concession. All parties participating in the Vendors concession shall be required to sign a release form that states that they will not hold the City, its employees, or representatives liable for any incidents, injuries, or occurrences that may arise as a result of their use of, or participation in, the Vendors concession. The Vendors release form must be approved, in writing, by the City at the time of application for the Permit. A sample form is attached to these Rules as "Exhibit B." Permitted Area and Parking Rules Each Permit grants the Vendor permission to use for its concession a maximum of two (2) parking spaces from the closest parking lotto the Permitted Area. Such parking use shall not be at an irregular angle that limits the use of adjacent parking spots. Specific parking allowances shall be designated on the Permit. The Vendor may operate the concession authorized by the Permit every day of the week, as long as the operation does not conflict with other City uses of the Permitted Area, the City Park, or another Public Space. If a conflict arises, then the City will work with the Vendorto provide a temporary location for the operation of the concession. Alterations to any part of the grounds of the Permitted Area will not be permitted. The Vendor will instruct all of its customers about restricted areas in or around the Permitted Area. The City and its authorized representatives shall have the right to inspect the Permitted Area and to supervise the Vendors exercising of the concession authorized by the Permit, and the conduct of the Vendor and those under it. Under the Permit, the Vendor may operate its concession at the Permitted Area from thirty (30) minutes after sunrise to thirty (30) minutes prior to sunset. All of the Vendor's equipment must be removed from the Permitted Area prior to sunset. Only with the City's written authorization may a Vendor may use City water or electrical amenities to support Vendors concession. Any City trail located in or near the Permitted Area must be kept free of all of the Vendors vessels, equipment, and other objects that might impede the public's access and use of the trail. No alcohol, alcohol container, or glass container is allowed in the Permitted Area or in any City waterway. Other than the incidental water contact that might occur as a result of the concession authorized by the Permit, any swimming, bathing, wading, or other type of water contact activity is not allowed in or near the Permitted Area. The feeding of wildlife is prohibited in the Permitted Area or in any City waterway. No motorized or inflatable watercraft is authorized by the Permit. The Vendor shall be responsible for the proper disposal of trash from any activity associated with its concession authorized under the Permit. Rules and Regulations RegaNing Commercial Watercraft Rentals on City of Lubbock takes and Waterways Pne3 Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways The Vendor shall not operate under adverse weather, site, or environmental conditions as determined by the City. Up to two (2) temporary signs, no larger than 18" x 24" with wire stands or similar sized sandwich boards, may be used to advertise the Vendor's concession at its Permitted Area. The signs shall only be allowed at the Permitted Area when the Vendor is engaging in the concessions authorized under the Permit. The Vendor's signage cannot obstruct traffic on any road, parking area, on trail within or near the Permitted Area. No Vendor signage shall contain any foul or offensive material. Vendor's Operations The Vendor's operation shall be conducted in an orderly and legitimate manner, and in strict conformity with all applicable federal, state, and local laws and regulations, including ordinances of the City. The Vendor shall be solely responsible for compliance with all applicable law. In the event the Vendor, its agents, representatives, employees, or volunteers are found in violation of any law, ordinance, or provision of these Rules, or if it becomes objectionable and offensive to the good order and use of the Permitted Area, the Vendor shall be required to vacate the Permitted Area. The Vendor shall directly supervise its business at all times. The Vendor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the concession authorized by the Permit. The Vendor agrees to only allow an adult over eighteen (18) years of age to operate its concession. Adequate supervision by competent and reasonable representatives of the Vendor is essential to the proper performance of the concession, and the lack of such supervision shall be grounds for suspending the operations of the Vendor and shall be in breach of these Rules. In the performance of the concession authorized by the Permit, the Vendor is an independent business owner and independent contractor, and is not an agent or employee of the City. The Vendor, as an independent business owner and independent contractor, shall be responsible for the services authorized under the Permit. The Vendor shall supply all materials, equipment, and labor required for the execution of the concession authorized by the Permit. The Vendor shall have ultimate control over the execution of the concession authorized by the Permit. The Vendor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Vendor or any of the Vendor's subcontractors. The Vendor shall be responsible for reporting or paying employment taxes or other similar levies that may be required bythe United States Internal Revenue Service or other similar State or Federal agencies. The Vendor shall establish a reasonable accounting system, which enables ready identification of the Vendor's cost of goods and use of funds. The City shall have the right to inspect the books and records of the Vendor to assure that the Vendor has complied with these Rules at any time requested by the City, and the Vendor shall make such records available for inspection and audit including copies and extracts of records as required by the City. Such records shall be made available to the City during normal business hours at the Vendor's office or place of business. The City shall give the Vendor three (3) days' written notice before exercising this right to audit. Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways Page Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways The Vendor shall not discriminate against any employee or applicant for employment, or in providing the concession authorized by the Permit, because of such person's age, religion, disability, sex, race, creed, color, or national origin. The Vendor shall in all solicitation or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. Termination The Permit may be terminated by the City upon five (5) days' written notice to the Vendor, should the Vendor fail to substantially perform in accordance with these Rules through no fault of the City. A Permit may be terminated with or without cause by the City upon ten (10) days' written notice to the Vendor. The termination of the Permit shall not relieve the Vendor from the payment of any sum or sums that shall then be due and payable or become due and payable to the City, or any claim for damages then or therefore accruing against the Vendor, and any such sums or claim for damages by any remedy provided for by law, or from recovering damages plus reasonable attorneys fees from the Vendor for any default hereunder. All rights, options, and remedies of the City contained in these Rules shall be cumulative, and the City shall have the right to pursue any one or all of such remedies or any other remedy or relief available to it by law or in equity, whether or not stated in these Rules. No waiver by the City of a breach of any of the covenants, conditions, or restrictions of these Rules shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant condition, or restriction herein contained. In the event a Permit is terminated for any reason, the Vendor shall vacate the Permitted Area immediately upon receipt of the written notice by the City. If the Vendor fails to vacate the Permitted Area upon termination of the Permit, the City shall not be responsible for any damage that might occur to the Vendor's property by virtue of the City forcibly removing the Vendor's property from the Permitted Area. Force Majeure The City is not responsible for the delay, interruption, damage, ortermination ofthe Vendors concession that occurs as a result of force majeure. Force Majeure shall mean an act of God, fire, calamity, strike, lockout, material or labor restriction by any governmental authority, civil unrest, riot, flood, or any other cause not reasonably within the control of the City by which the City is unable, wholly or in part, to prevent or overcome. In such event, the Vendor's concession authorized bythe Permit will be suspended until, in the City's sole discretion, the force majeure no longer affects the Vendor's ability to operate its concession. Such suspension shall not cause the Permit Yearto extend beyond December 31. The Vendor waives any claim against the City for damages by reason of such suspension. Miscellaneous The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, the Permit, the former shall control. The Permit is public information. To the extent, if any, that any provision of these Rules is in conflict with the "Texas Public Information Act" the same shall be of no force and effect. Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Wateramp Page Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways A Permit is entered solely by and between, and may be enforced only by and among the City and the Vendor. Except as set forth above, the Permit shall not be deemed t0 create any rights in or obligations to any third parties. The Permit is not intended, and shall not be construed, to create anyjoint enterprise between or among the Parties. Nothing in the Permit is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to the Permit. EACH PARTY EXPRESSLY ACKNOWLEDGES AND AGREES THAT NO PROVISION OF THE PERMIT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY A PARTY OF ITS IMMUNITIES FROM SUIT OR LIABILITY THAT IT MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL OF ITS GOVERNMENTAL IMMUNITIES. Rules and Regulations Regarding Commercial Watercraft Rentals on City a Lubbock Lakes and Waterways Page6 Exhibit A — Potential Concession Sites Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock lakes and Waterways ;0pp Y /, t am ^yx J Q z N w w u, � � N 0 m �, A a a o � �`"� E J < o m rn m �� � d o d J CO d ❑ C� � O ,_ 0 z :.. �' f .. O.. -. ��_ �. �, LL 0 X r ��� ! o %� j": .n ��: N N Z } o d � � _ _ ��� �F � � ��Nd .+�n..J :.. Y�`" J�-B� ^ �-L2 CiR �,�Ivp.{1R4��J�J,� n a ' — �� 9tXl— �� M m E b��CS9rOp 1 � No Text EXHIBIT A BOAT RENTAL SITE 5 MACKENZIE LAKE Park Boundary 0 Lake=10.25Acres 0 Parking Lot NORTHAt tLubbo6 EXHIBIT A BOAT RENTAL SITE 6 MAXEY LAKE Park Boundary 0 Lake = 24 Acres 0 Parking Lot N• tbibboek J w Z d Y v ¢ � z� � o N rn •' W W a m u c � � a x � � A � (/) U d J d m Y ❑ CJ o �� EXHIBIT A BOAT RENTAL SITE 8 LEROY ELMORE LAKE ❑ Park Boundary 0 Lake=17Acres O Parking Lot E' I 76..... _ Co 110 _. — .19th S: Exhibit B — Sample Waiver Rules and Regulations Regarding Commercial Watercraft Rentals on City of Lubbock Lakes and Waterways EXHIBIT B Watercraft Concession Waiver Form Vendor Name: Participant Name: Phone Number: Email: Bn thdnte: Address: State. Zip: By participating in the Vendor's activity, P, the undersigned, hereby acknowledge and agree that: • The Vendor's concession is exclusively owned, operated, maintained, and controlled by the Vendor, and is not an activity ofthe City. • My involvement with the Vendor's concession is at my own risk. • Neither the Vendor, nor any of their owners, employees, associates, or agents, shall be liable for any damage whatsoever arising from any personal injury or property loss sustained by my participation in the Vendor's concession. • I assume full responsibility for all injuries and damages that occur in or about any programs or activities on the premises of the Vendor's concession. • I hereby fully and forever release the Vendor, their owners, employees, associates, and agents from any and all claims, demands, damage, or rights of action, present and future resulting from my, or any person • Zes//sbanned with my, participation in the Vendor's concession. feby grant authority to the Vendor to render ajudgement concerning medical assistance or hospital care in the event of an accident or illness during which I am unable to render ajudgment for medical or hospital care for myself. • I hereby authorize Vendor and its assignees to utilize any and all photographs, pictures or other likeness of me, or anyone assigned guardianship to me, as they deem appropriate in its promotional materials or team films. NAME (Sienature): Date: NAME (Printed): Date: Concessions Permit Application for Commercial Watercraft on Citv of Lubbock Lakes and Name of Vendor (Business Vendor's Mailing Address: Vendor's Representative (Agent's Vendor's E-mail: Vendor's Phone: BY MY SIGNATURE BELOW, I HEREBY CERTIFY THAT I HAVE READ THE DOCUMENT ENTITLED "RULES AND REGULATIONS REGARDING COMMERCIAL WATERCRAFT RENTALS ON CITY OF LUBBOCK LAKES AND WATERWAYS" (THE "DOCUMENT"). I UNDERSTAND THAT I AM BOUND BY THE RULES AND REGULATIONS CONTAINED IN THE DOCUMENT, INCLUDING ITS INDEMNITY PROVISIONS AND ITS REQUIREMENT TO PROVIDE A WAIVER TO ALL OF MY CUSTOMERS AND EMPLOYEES, WITH SUCH WAIVER BEING ATTACHED TO THIS PERMIT APPLICATION AS "EXHIBIT A." FURTHER, I HEREBY CERTIFY THAT I SATISFY ALL SAFETY AND INSURANCE REQUIREMENTS LISTED IN THE DOCUMENT. I ACKNOWLEDGE THAT THE CONCESSION ALLOWED BY THE PERMIT ISSUED THROUGH THIS APPLICATION IS ON "FIRST -COME, FIRST SERVED" BASIS AND IS LIMITED TO THE AREA DEPICTED AND DESCRIBED IN THE ATTACHED "EXHIBIT B." I UNDERSTAND THAT MY PERMIT FEE OF $250.00 IS NONREFUNDABLE. Representative's Signature: Representative's Printed Name: Date: Concessions Permit Application for Commercial Watercraft on City of Lubbock Lakes and Waterways This Page to Be Filled Out by City Staff Only: A Permit may only be issued if the Vendor has provided the following: Safety Licenses and Certifications: Y _ N Required Insurance Documentation:Y _ N Copy of Vendor's Waiver: Y _ N _ Nonrefundable Permit Fee: Y N Permit has been Approved _ / Denied _to the Applicant on this day of_ 20 If denied, please provide a brief explanation: Application Taken by: Application Taken on: Concessions Permit Application for Commercial Watercraft on City of Lubbock Lakes and Waterways Exhibit A — Vendor's Waiver Concessions Permit Application for Commercial Watercraft on City of Lubbock Lakes and Waterways Exhibit B — Permitted Area