HomeMy WebLinkAboutC2013-178 - 5/21/2013 - Approved i,`9
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USE PRIVILEGE AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This use privilege agreement ("Agreement") is entered into by and between the City of
Corpus Christi ("City"), a Texas home-rule municipal corporation, and the Corpus Christi
Independent School District ("Permittee"), a Texas public school district and property
owner of 2602 Lipan Street, Corpus Christi, Texas, whose business address is 801
Leopard Street, Corpus Christi, Texas, 78403.
In accordance with Article IX, Section 1, of the City's City Charter and in consideration
of an annual payment of Seven Hundred and Forty-two Dollars ($742.00) paid by
Permittee, the receipt of which for the initial year is acknowledged, the City has granted
and conveyed, and by these presents does grant and convey to Permittee, for the term
and upon the conditions stated in this Agreement, a use privilege for the right to install,
operate, maintain, repair, and remove a two-inch PVC wastewater force main
("Wastewater Line") within the north side of the Lipan Street public right-of-way between
Permittee's property (at 2602 Lipan Street) and Palm Drive, as shown in Exhibits "A"
(Location Map) and "B" (Plan View and Profile View). Exhibits "A" and "B" are attached
to this Agreement and incorporated into this Agreement by reference as if fully set out
herein in their entireties. The area in which the use privilege is granted to locate the
Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege
Area."
TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its
successors, and assigns, together with the right under the conditions specified in this
Agreement, to at any time enter upon the above described Use Privilege Area to install,
operate, maintain, repair, or remove Permittee's Wastewater Line, and being further
understood that the use privilege granted by this Agreement is subject to the
Permittee's compliance at all times with the following conditions, the City and Permittee
agree as follows:
A. This Agreement, and the rights granted under the Agreement, may be
revoked at any time by the City upon providing the Permittee not less than 30
days notice in writing by the City's City Manager, or his designee ("City
Manager"). In the event of a revocation by the City Manager or earlier
termination of this Agreement by either party, no portion of any payment
made under this Agreement is refundable to the Permittee.
B. This Agreement is for a term of one (1) year from the date executed by the
City. At the end of the initial term, this Agreement renews automatically for up
to four (4) successive annual terms upon the timely payment of $742.00 by
the Permittee, unless the Permittee or the City provides written notice of
intent not to renew to the non-terminating party at least 60 days before the
end of any annual term. Unless sooner terminated, at the conclusion of the
2013-178 and any renewal terms of this Agreement, the parties shall
5121113
Ord. 029837
ccIsn INDEXED
t
mutually discuss (i) the necessity of further renewals of this Agreement, (ii)
Permittee's option to remove and/or relocate the Wastewater Line, or (iii)
other options, such as acquisition of the Wastewater Line.
C. This Agreement may not be assigned by Permittee without the City
Manager's prior written consent.
D. The Permittee shall acquire and maintain at all times for the term of this
Agreement insurance coverage pertaining to the Use Privilege Area granted
under this Agreement and the activities authorized by this Agreement. The
types. of required insurance coverages must be in the minimum amounts set
forth in the attached Exhibit "C," the substantive content of Exhibit "C" being
incorporated by reference into this Agreement as if fully set out here in its
entirety. The insurance policies must name the City as an additional insured
and may not be canceled, renewed, or materially changed by Permittee
unless at least ten (10) days advance written notice has been provided to the
City. Upon the City Manager's written request, Permittee shall provide copies
of all requested insurance policies to the City's City Attorney.
E. Should construction be deemed necessary by Permittee in the Use Privilege
Area, construction plans and specifications for all proposed work shall be
submitted in advance by the Permittee to the City's City Engineer for approval
prior to beginning the construction process. The plans must show the depth,
and location of the proposed construction and distance from existing water,
storm water, wastewater, and gas lines. The Permittee shall also comply with
any other laws, rules, regulations, and ordinances applicable to construction
in the City and in the public right-of-way, including obtaining all required
permits.
F. Prior to the start of any approved construction, Permittee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit "C." Additionally,
Permittee shall require their contractors and subcontractors to indemnify the
City, its officers, officials, employees, representatives, agents, licensees, and
invitees in the same manner that Permittee has provided indemnification to
the City pursuant to this Agreement.
G. Permittee shall provide all necessary and proper safety devices so as to
prevent injuries or accidents in the Use Privilege Area, in as much as
possible.
H. At least 48 hours prior to beginning any approved construction, Permittee
shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-
669-8344), and any other required agency or authority. Additionally, at least
48 hours prior to beginning any approved construction, Permittee shall give
notice and verify depth and location of communication lines or communication
fiber optic cables, whichever is applicable, to the following:
UPA CCISD RMHS Softball Field vFinal 20130422 Page 2 of 7
• City Utility Departments, including Water, Storm water, Wastewater and
Gas;
• American Electric Power (AEP);
• American Telephone and Telegraph (AT&T);
• CenturyTel;
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verity its depth or
location.
I. Any construction process and use of the Use Privilege Area by Permittee
shall not interfere with the construction, installation, operation, maintenance,
repair, removal or replacement by the City or any of its agents, contractors, or
franchisees of any existing or future proposed sidewalks, utility lines, or other
uses. If the City or any franchisee with utilities currently located in said public
right-of-way needs access to the right-of-way, Permittee shall pay for
removing or relocating the Private 2-inch PVC Wastewater Force Main in the
Use Privilege Area to allow access to utility lines for maintenance, repair,
removal, or replacement of the utility lines. The Permittee shall repair the Use
Privilege Area to its original condition or cease to use the Use Privilege Area,
at which time this AGREEMENT terminates immediately.
J. Traffic Engineer requirements pertaining to this Agreement, if applicable in
context:
1. At least 48 hours prior to commencing any approved construction, the
Permittee shall file and obtain approval for a traffic control plan with the
City's Traffic Engineer. No closure or barricading of a public right-of-way
or any portion of a public right-of-way may occur before approval of the
traffic control plan and, if applicable, approval of a detour or barricade plan
has been obtained from the City's Traffic Engineer.
2. Should Permittee require a trench, pit, or similar excavation be dug during
approved construction, the Permittee shall file and obtain approval for
barricading said trench, pit, or excavation in accordance with the Texas
Manual on Uniform Traffic Control Devices from the City's Traffic
Engineer. [See paragraph "P" of this Agreement for additional
requirements regarding trenches, pits and similar excavations.]
K. If, as determined by the City Manager, damage occurs to any gas, water,
storm water, or wastewater line, Permittee shall allow the City immediate
access to the Use Privilege Area to perform an assessment, make repairs, or
take any other action deemed necessary by the City. Determination of the
extent of damage and repairs necessary to restore the utility line(s) shall be
made by the City Manager. All costs of the City associated with said damage
UPA CCISD RMHS Softball Field vFinal 20130422 Page 3 of 7
and repair, including labor and materials, shall be paid by Permittee within 30
days of the City's invoice.
L. Should construction become necessary near existing water or wastewater
lines, Permittee shall take every precautoon not to disturb the soil surrounding
any such lines, including all thrust blocks.
M. If any approved work is conducted near any existing water main, it shall be
done under the inspection of a City inspector at a daily rate of three-hundred
ten dollars and thirty-five cents ($310.35) for each day spent inspecting
construction, installation, maintenance, repair, removal, or replacement in the
Use Privilege Area. A half-day, being four hours or more of work time by the
City inspector, constitutes a whole working day for purposes of calculation.
Any time in excess of eight hours a day, or on Saturday, Sunday or holidays,
shall be calculated at a daily rate of fifty-eight dollars and eighteen cents
($58.18) per hour. Any assessed inspection fees shall be paid by the
Permittee to the appropriate City department within 30 days of the City's
invoice. These amounts will be adjusted annually each year on August 1 to
reflect any pay increases that may be attributable to the rates charged.
N. The parties acknowledge that the Wastewater Line is not owned by the City.
At any and all times Permittee shall be solely responsible for the repair and
maintenance of the Wastewater Line and Use Privilege Area, including any
costs associated with damage occurring due to natural weather
elements/occurrences or mars-made forces. Should damage occur to the
Wastewater Line or Use Privilege Area, regardless of the type of damage,
Permittee shall immediately repair the damage upon notice by the City.
Failure to so repair terminates this Agreement immediately without any further
action needed on the part of the City.
O. Permittee shall repair, or cause to be repaired, any damage to driveways,
culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other
structure, public or private, resulting from or caused by reason of
construction, installation, maintenance, repair, removal, replacement or
operation of the Wastewater Line and Use Privilege Area.
P. If a trench, pit, or other excavation is required during approved construction,
no trenches, pits, or other excavation, other than bore pits, shall be left open
overnight, except as specifically authorized by the City's Director of
Development Services and City's Engineer. Bore pits are not allowed open
for a period of longer than 14 calendar days, regardless of location. All
trenches, pits, or other excavations, other than bore pits, shall be backfilled by
the Permittee promptly and in accordance with current City standards and
specifications and as per the City inspector's request. All trenches, pits, and
other excavations, including bore pits, shall be barricaded by the Permittee in
accordance with the Texas Manual on Uniform Traffic Control Devices and as
approved by the City's Traffic Engineer. [See paragraph "J.2." for additional
requirements pertaining to trenches, pits, and other excavations.]
UPA CCISD RMHS Softball Field vFinal 20130422 Page 4 of 7
Q. If backfilling becomes necessary, all backfill, specifically including that in and
around existing utilities, shall be made by Permittee according to current City
standards and specifications and as required by a City inspector.
R. Use of the Wastewater Line authorized by this Agreement is strictly limited to
providing restroom capabilities and service to the Roy Miller High School
softball restroom and storage facility, located at 2602 Lipan Street, in the Use
Privilege Area. Permittee shall not provide, nor permit anyone else to provide
or receive, service through said Wastewater Line, or at any facilities within the
City other than the building facilities specifically included in this Agreement
without first obtaining a franchise or other required approval from the City.
S. INDEMNIFICATION. Intentionally left blank.
T. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this
Agreement binding and enforceable by their signatures.
U. Unless otherwise stated in this Agreement, any notice required or permitted to
be given under this Agreement must be in writing and sent by certified mail,
return receipt requested to the following addresses:
If to Permittee: Corpus Christi Independent School District
801 Leopard Street
Corpus Christi, TX 78403
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
V. This Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created pursuant to this
Agreement are performable in Nueces County, Texas. Venue for all actions
arising from, out of, or related to this Agreement must be brought in Nueces
County, Texas.
W. The Permittee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure
of Interests" form attached to this Agreement as Exhibit "D." Completed
versions of Exhibit "D" by the Permittee form a part of this Agreement and are
incorporated by reference into this Agreement as if set out here in their
entireties.
UPA CCISD RMHS Softball Field Winal 20130422 Page 5 of 7
X. This instrument, including exhibits, constitutes the entire agreement between
the City and the Permittee, and no prior written, oral, or contemporaneous
promises, warranties, or representations shall be binding upon any parties.
This Agreement may only be amended by written instrument signed by
authorized representatives of the City and Permittee and approved as required
by City law.
Y. Any payments due by the Permittee pursuant to this Agreement will be made
from current revenue available to the Permittee.
(r
EXECUTED IN TRIPLICATE this day of C .v , 20
t
CORPUS CH ISTI EPENDENT SCHOOL DISTRICT
Carol A. S tt, President Date
Board of Trustees
Approved as to legal form: 2013
John J. J ssen
General Counsel
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on f? ( , 2013, by
Carol A. Scott, President, Board of Trustees, Corpus Christi Independent School
District, a Texas public school district, on behalf of the district.
's pYP"e<0. NORMA L. HASKELL
*; _ Notary Pubfil:
' srarF of ryas Notary Publics Signature
fly Comm. Exp. 07.19-2015
Uf'ACCISI7 RMHSSoftball FieldvRevd Final redlined Page 6 o 7
ATTEST: CITY F O P ISTI
Armando Chapa (� Ronald L. Ois n
City Secretary City Manager
Approved as to legal form: , 2013
Eliza t HunAAssis t City
for the City Attorney
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on rv\ , 2013, by
Ronald L. Olson, City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
I )�&
Notary Public's Signatur
YF
o EMER VELAZQUEZ
My commission Wms
July 05,2014
ly
UPA CCISD RMHS Softball Field vFinal 20130422 Page 7 of 7
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RIM EL = 102.0' 45 BEND (fly) CAU7lONE1E
1s" RCP E4 87.6' 6^ OFF SIDEVIALK €Y a
GAS LINES
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' EXISTING 6" SET SOD NAIL -
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EX. 3.5' BOX (BY OTHERS)
r CULVERT UNION
es
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' rL EL = 96.85
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�`-[;_-STAS Y2+89.8...6" OFF S
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BEGIN 2" FM
CONNECT TO EKISTENG WWMH
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r CONNECT TO EXISTING WWMH (SEE DETAIL 'A'} =GASLINEA� 4" PVC 4�1W SERVICE
2" ['L (IN) = EL 97.86 OM NEW RESTR OM
6° rL (OUT) = EL 96.85 FL EL 97.40
4 EXISTING 6" GAS LINES
STA. 2+97 - END 2" PVC r
EXISTING 3.5' _..._t__...__._0 CL LIFT STATION.(BY OTHERS_ s 104
BOK CULVERT UNION R[IA EL 104.5
102 E {") I 4" FL IN)= .
{ 97 4 �
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45 VERT BEND " SCH 80 PVC ply FgRCAfN v 'r✓igl• "--•.�L _
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I P IVATE LIFT
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2i .I _�... .._..._�.._.._._.__..__` _ __._!_ INSTALL 45' HORIZ. BE DS (LT) "- --.... _ -OilAfERS
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STA. 0+29.0 .
- 1 45' VERT. BEND ___._ . UTILITIES SHOWN PER _ j•,,,- .... 92
r` 1 EL = 94.3 45' HORIZ. BEND RT RECORD DRAWINGS OF
$`C1 I
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HORIZONTAL SCALE
V90GAL SCE ( 1 f
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1. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS
OF ALL UTILITIES BOTH HORIZONTALLY AND
v VERTICALLY PRIOR TO COMMENCING CONSTRUCTION INSERTA-TEE EXISTING
AND NOTIFY THE ENGINEER IMMEDIATELY ANU C0 1' e••• I�
PRIOR TO COMMENCING CONSTRUCTION OF ANY . �""••...••••�^••••.••=�•,�
n OBSERVED CONFLICTS OR DISCREPANCIES WITH 90 VERT; D........................SCOTT JONES X
s THE PLANS. BEND FL-97.85 �;_.
2.LIPAN ST. R.O.W. MUST BE VERIFIED IN THE FIELD ���0: 81986 ;[��p
PRIOR TO COMMENCING CONSTRUCTION. a
'3 3.ALL CONSTRUCTION SHALL HE IN COMPLIANCE WITH PROP. 45'AND
CITY 4.PROJECTN COORDINATES SANDIFDATUM ARE BASED ON } BEHO
CP 4 SHOWN IN PLAN VIEW. DETAIL A ..,I
MILLER HIGH SCHOOL s� AS Nar�n
WASTEVV�ATER SERViOE LINE °`�'"""" cEM
PLAN AND
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NO DATE REVISIONS $hBlneeildtgsunieying 2" PVC YVtlY FVI'SLeEMAIN JDBND 2 S4 12
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12002
EXHIBIT B
I
EXHIBIT C
INSURANCE RR UZREMENTS
I. PERMITTEE'S LIABILITY INSURANCE
A. Permittee shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Permittee must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Permittee shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General
Liability policy, and a waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily injury and Property Damage
certificates or by policy endorsement(s) Per Occurrence/aggregate
Commercial General Liability including:
1. Broad Form $1,000,000 Per Occurrence
2. Premises--Operations $2,000,000 Aggregate
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Fonn Property Damage
6. Independent Contractors
7. Underground Hazard(if applicable)
BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit
i. Owned
2. Hired&Non-owned
WORKERS" COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT.
EMPLOYER'S LIABILITY $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this project, Contractor small fhm sb the Risk Manager with
copies of all reports of such accidents within ten(10)days of the accident.
II.. ADDITIONAL REQUIREMENTS
A. Permittee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law.The contract for coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The coverage provided must be in amounts
sufficient to assure that all workers' compensation obligations incurred will be promptly met.
B. Permittee's financial integrity is of interest to the City; therefore, subject to Permittee's right io
. . .
maintain reasonable deductibles in such amounts as are approved by the City,Contractor shall obtain
and maintain in full force and effect for the duration of this Contract, and any extension hereof, at
Permittee'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-.
III,
C. The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the City, and
may require the deletion,revision,or modification ofparticular policy terms,conditions,limitations or
exclusions(except where policy provisions are established by law or regulation binding upon either of
the parties hereto or the underwriter of any such policies).Permittee shall be required to comply with
any such requests and shall submit a copy of the.replacement certificate of insurance to City at the
address provided below within 10 days of the requested change.Permittee shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O.Box 9277
Corpus Christi,TX 78469-9277
Fax#(361)826-4555
D. Pennittee agrees that with respect to the above required insurance,all insurance policies are to
contain or be endorsed to contain the following required provisions:
® Name the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement,as respects 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
® 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'liabilitypolicies will provide a waiver ofsubrogation in favor
of the City; and
.Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change 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 suspension, cancellation, or non-renewal of coverage,Permittee
shall provide a replacement Certificate of Insurance and applicable endorsements to City.City shall
have the option to suspend Permittee project should there be a lapse in coverage at anytime during
this contract. failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. fn addition to any other remedies the City may have upon Permittee'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 Permittee to stop work hereunder, and/or withhold any paymeiit(s) which
become clue to Contractor hereunder until Contractor demonstrates compliance with the requirements
rereaf
G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may
be held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Permittee'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 agreement.
I, It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement,
2013 CCISD Lift Station ins req.
2/22/2013 ds Risk Management.
I�
SUPPLIER NUMBER _
i� PURCMSING DIIVISIOY- Y
f' Cans CI'T'Y OF CORPUS CHRISTI
Chnsti DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112,as amended,requires all perSOns or firms seeking to do business with the
City to provide the following information. Every qucstion must be answered. If the question is not applicable,
answer with"NA". See reverse side for Filing Requirements,Certifications and definitions.
COMPANY NAME; t2 �S STI FLst -7�l __SGt1oaL�+5 �,-K't�
P.O.BOX: --W— STREET ADDRESS: &I Ito xR
CITY: 2 Act_�ft�' t STATE: 5 ZIP: D _Ida
FIRM IS: I. Corporation 8 2. Partnership ".tEs'.3. Sole Owner
,4 ❑
. Association S. Other PU&J - sf� Acgfgar
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach seyarate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an ownership interest"constituting
3%or more of the ownership in the above named"#irm."
Narne .lob Title acid City Department(if known)
2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3%
or more of the ownership in the above named"firm."
Name Title
r= A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
"
Name Board,Commission or Committee
1J AI,
4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked an any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named"firm."
Name Consultant
lu A
FILING REQUME,MENTS
If a person who requests official action on a matter knows that the requested action will confer an economic benefit
on any City official or employee that is distinguishable from the effect that the action will have on members of the
public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the Ci offici
ty al,
employee or body that has been requested to act in the matter,unless the interest of the City official or emplooyyee itr
the matter is apparent. The disclosure shall also be made iii a signed writing filed with the City Secretary. [Etlries
Ordinance Section 2-349(d))
ExHl01T D
1 OF 2
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowing l withheld disclosure of any information requested; and that supplemental statements will be promptly
submittwd to the City of Corpus Christi,Texas as changes occur.
Certifying Person; —'9K 11k%4 WM Title: die A� L 'uRt. �n1(n
(Type or Pr;UQ
Signature of Cerlifying Date:
Person:
DEFINITIONS
a. "Board member" A member of any board, commission, or committee appointed by the City Council of the
City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that
interest that is distinguishable from its effect on members of the public in general or a substantial segment
thereof.
C. "Employee." Any person employed by the City of Corpus Christi,Texas either on a fill or part-time basis,
but not as an independent contractor.
d. "Finn." Any entity operated for economic gain, whether professional, industtW or commercial;and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the
form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint
venture,receivership or trust,and entities which,for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held"
refers to holdings or control established through voting trusts, proxies, or special terms of venture or
partnership agreements."
g. "Consultant."Any person or firm,such as engineers and architects,hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
EXHIBIT D
2OF2
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`I. 5
05/27/2013 1.1"39AVI
Of'fi3-€al Records, of
€41L€E.CES COUNTY
DIANA 1'.. BAFUZERA
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Ctty of Corpus Christ!
DEPARTMENT SERVICES
2406 Leopard
Corpus Christi, TX 78408