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HomeMy WebLinkAboutC2013-388 - 9/6/2013 - NA SEASONAL POLE ATTACHMENT LICENSE AGREEMENT BETWEEN AEP TEXAS CENTRAL COMPANY AND City of Corpus Christi, Texas 2013-388 9/06/13 AEP Texas Central Company INDEXED TABLE OF CONTENTS Section Description Page Background Information 1 Statement of Agreement 1 1 Scope of License 1 2 Explanation of Terms 1 3 Installation Standards 2 4 Pole Installations 2 5 Rearrangement of Attachments 3 6 Post Inspection 3 7 Unauthorized Attachments 3 8 Interference or Hazard 3 9 Charges and Fees 3 10 Time Of Payment 3 11 Indemnity 3 12 Insurance 4 13 Easements 5 14 Default or Non-Compliance 5 15 Regulation 5 16 Term 6 17 Prior Agreements 6 18 Transfers of Ownership 6 19 Performance Waiver 6 20 Governing Law 6 21 Execution 6 22 Agreement Modifications 6 23 Preservation of Remedies 7 24 Headings 7 25 Survival of Obligations 7 26 Notices 7 Exhibits Indemnification of All Claims Exhibit A City of Corpus Christi, Texas self-insurance letter Exhibit B SEASONAL POLE ATTACHMENT LICENSEE AGREEMENT This Agreement is entered into as of September 1, 2013 between the City of Corpus Christi, Texas,("Licensee"), and AEP Texas Central Company, a Texas corporation ("Licensor/Owner"). Background Information. A. Licensee desires to install and maintain flags/banners and/or seasonal decorations and associated hardware (brackets) in the City of Corpus Christi, Texas, within the state of Texas, hereinafter collectively called "attachments"to certain poles of Owner. B. Owner is willing to permit Licensee on a non-exclusive basis to place and maintain the Attachments on said poles pursuant to the terms and conditions of this Agreement. Statement of Agreement. The parties acknowledge the accuracy of the above background information and in consideration of the promises and mutual covenants set forth herein agree as follows: 1. Scope of License In accordance with all of the terms and conditions of this Agreement, Owner grants to Licensee a revocable, non-exclusive and limited license to use poles which support, or are designed to support distribution facilities of Owner for the future use of Attachments for installing and maintaining flags/banners and/or seasonal decorations and associated hardware (brackets). All distribution poles covered by this Agreement remain the property of Owner regardless of any payment by Licensee toward their cost. No use, however extended, of Owner's poles or payment of any fee or charge required hereunder shall create or vest in Licensee any claim of right, possession, title, interest or ownership in such poles. Nothing in this Agreement shall be construed to compel Owner to construct, reconstruct, retain, extend, repair, place, replace or maintain any pole which, in Owner's sole discretion, is not needed for its own purposes. Owner and its successors and assigns shall have the right to operate, relocate and maintain its poles and attendant facilities in such a manner as will best enable it, in its sole discretion, to fulfill its service requirements. 2. Explanation of Terms For the purpose of this Agreement, certain terms shall have the meanings given in this Section. Contract Year — The annual rental period of July 1 to the succeeding June 30 of each year. (no rent on banners) Design Standards — All applicable regulations or codes promulgated by any federal, state, local or other governmental authority having jurisdiction, including, but not limited to, the National Electrical Safety Code and Owner's design or attachment requirements. Proposal—A pole attachment construction proposal, in a format acceptable to Owner. Total Cost — The total cost of a project or transaction, including all applicable materials, labor and overheads. Owner may use a contractor for any and all work required hereunder. Where Owner uses a contractor to perform work hereunder, Licensee shall reimburse Owner all expenses paid, plus a reasonable overhead fee to compensate Owner for the time and expense associated with the supervision of such contractor. When replacing an existing pole due solely to the Licensee's requirements, Total Cost shall also include the cost of transferring/installing Owner's facilities and removal of the old pole, with book value credit for any material actually salvaged by Owner. Seasonal pole attachment licensee agreement page 1 revised May 2005 3. Installation Standards All Attachments and any associated equipment permitted by Owner shall be installed in a manner which does not interfere with the present or any future use which Owner may desire to make of its poles. Owner shall determine, in its sole discretion, whether the Attachments interfere with Owner's present or future pole use plans. All such attachments and equipment shall be installed and at all times maintained by Licensee so as to comply at least with the minimum requirements of the National Electrical Safety Code, any other applicable regulations or codes promulgated by any federal, state, local or other governmental authority having jurisdiction, and any of Owner's design or attachment requirements. Licensee acknowledges that the poles licensed hereunder have energized facilities installed upon them and that working in the vicinity of energized facilities poses potential dangers. At all times during the term of this Agreement, and particularly during the time of any construction, repair, or maintenance of Attachments covered by this Agreement, Licensee shall consider the electric wires of Owner to be energized. Licensee shall warn all of its employees, agents, contractors and subcontractors, or any other parties who may be working on behalf of the undersigned, of the potential dangers. Licensee shall take any necessary precautions by the installation of protective equipment, or other means, to protect all persons and property of all kinds against injury or damage occurring by reason of Licensee's Attachments on Owner's poles. 4. Pole Installations A. Poles installed in new locations: Where Owner desires to install a new pole in a location where facilities have not been previously placed, and Licensee desires to attach to such pole, Owner and Licensee shall follow the procedures set forth in this Section. (1) Licensee shall submit a Proposal setting forth a description of the facilities, which Licensee intends to install. (2) Owner shall make a determination of the size and height of the pole necessary to accommodate its facilities alone and shall calculate the Total Cost necessary to procure and install such pole. Owner shall then make a determination of the size and height of the pole necessary to accommodate both Owner's and Licensee's facilities. B. Replacement of Existing Poles Caused by the Installation of a Licensee's Proposed Attachment: Where, in Owner's sole judgment, an existing pole must be replaced solely to adequately provide for Licensee's proposed attachment, Licensee shall pay Owner the Total Cost of the engineering and replacement of the pole. Owner and other attaching parties may set aside space on poles for future development needs. Such space may, in the sole discretion of the lender, be loaned to Licensee for attachment of Licensee's Attachments. In the event the lending party desires to reclaim such loaned space, Owner shall provide notice to Licensee of the space reclamation. Upon such notice, Licensee shall either remove its facilities from the loaned space within thirty (30) days of Owner's notice, or pay the Total Cost of replacing the pole with a pole which will accommodate all of the existing and planned attachments on the pole, including the cost of removing the old pole, and transferring the facilities of Owner and any other attaching party to the new pole. If Licensee is sharing such reclaimed loaned space with another attaching party, then Licensee and the other attaching party shall share the Total Cost of the project. C. General Issues: Licensee shall remain responsible for the Total Cost of all projects initiated by Owner as the result of a Licensee Proposal, regardless of whether Licensee elects to install the Attachments. Licensee shall be responsible for all construction work undertaken by Owner on Owner's poles where such work is initiated as a result of the proposed attachment of Licensee's facilities. Seasonal pole attachment licensee agreement page 2 revised May 2005 5. Rearrangement of Attachments If Licensee's desired Attachments can be accommodated on existing poles of Owner in accordance with the Design Standards by rearranging facilities of Owner or existing attachments thereon of any other person, Licensee shall reimburse Owner and any such other person for the respective Total Cost incurred in making such rearrangement. 6. Pole Inspections Owner reserves the right to inspect each new or proposed installation of Licensee on Owner's poles at Licensee's expense. In addition, Owner may make periodic inspections, as conditions may warrant. Owner's right to make any inspections and any inspection made pursuant to such right shall not relieve Licensee of any responsibility, obligation or liability assumed under this Agreement. 7. Unauthorized Attachments Licensee shall make no attachment to or other use of any pole of Owner or any facilities of Owner thereon, except as authorized in this Agreement. Any such unauthorized attachment or use is in direct violation of this Agreement and may result, at Owner's discretion, in the immediate termination of this Agreement, thereby requiring Licensee to remove any and all attachments from Owner's poles upon demand. 8. Interference or Hazard Whenever Owner notifies Licensee in writing or orally, with written confirmation, that in Owner's reasonable judgment the attachments of Licensee on any poles of Owner interfere with the use of such poles, the operation of equipment, or constitute a hazard to the service rendered, by Owner or any other persons licensed by Owner to use such poles, or are dangerous to employees of Owner or of such other persons or the public, or otherwise fail to comply with applicable codes or regulations, Licensee shall, remove, rearrange or change its attachments in compliance with such codes and/or as directed by Owner. In the case of any such hazard or danger, such period shall not exceed the ten (10) days from receipt of the first such notice. In case of an emergency, which in Owner's reasonable judgment requires Owner to immediately remove or relocate the attachments of Licensee, Owner reserves the right to remove or relocate such attachments as required, at Licensee's expense, without prior notice or responsibility for any damage to Licensee caused by such removal or rearrangement. Any and all tree trimming required, on account of Licensee's equipment, shall be done by Licensee at its sole risk and expense and in a manner satisfactory to Owner. 9. Charges and Fees Except as otherwise set forth herein, Licensee shall reimburse Owner for the Total Cost of all non-recurring expenses incurred by Owner, which are caused by or attributable to Licensee's Attachments. 10. Time of Payment Unless otherwise set forth herein, payments due hereunder shall be made within thirty (30) days from the date of the invoice thereof. Where the provisions of this Agreement require any payment by Licensee, Owner will require that the estimated amount thereof be paid in advance of permission to use any pole or the performance by Owner of any work. 11. Indemnity To the extent permitted by law, Licensee for itself and its contractors and subcontractors hereby releases Owner, its affiliates, and their respective directors, officers, employees and agents (collectively, "Indemnitees"), from any and all liability for loss of or damage to the Licensee's Attachments. Licensee further hereby agrees to indemnify, hold harmless, and defend Indemnitees from and against any and all Seasonal pole attachment licensee agreement page 3 revised May 2005 • losses, liabilities, costs, expenses, suits, actions, claims and all other obligations and proceedings whatsoever, including, without limitation, all judgments rendered against, and all fines and penalties imposed upon Indemnitees, and any reasonable attorneys' fees and any other costs of litigation (hereinafter collectively referred to as "liabilities") arising, directly or indirectly, or out of injuries to persons, including disease or death, or damage to property, or in any other way attributable to or arising either directly or indirectly out of, the attachment, installation, operation, presence, use, maintenance, or removal of Licensee's facilities to Owner's poles, or by the proximity of Licensee's facilities to all other parties, including the Owner, occupying space on Owner's poles, except that Licensee's obligation to indemnify Indemnitees shall not apply to any liabilities to the extent arising from Indemnitees' negligence or willful misconduct. Indemnitees shall be free to select counsel of their choice for their defense hereunder. Because Licensee may utilize contractors in the construction of its facilities, Licensee hereto agrees to require its contractors and subcontractors to provide a release and indemnification of all claims for the benefit of the Indemnitees in the form attached hereto as Exhibit A. If Licensee fails to obtain the appropriate release and indemnification from its contractor/subcontractor, Licensee hereby agrees to provide the same release and indemnification to Indemnitees by Licensee's contractor or subcontractor on their behalf. It is further agreed between the parties hereto, that to the extent any of the provisions of this Section are determined to be contrary to law or held to be invalid by any court of competent jurisdiction, this Section shall be construed and applied as if such invalid provisions were not contained herein, attempting at all times to conform, to the extent possible, to the intent of the parties as herein stated, and provide the maximum indemnity allowed by law. With respect to claims against one party by the other party's employees, the latter party agrees to expressly waive its immunity, if any, as a complying employer under the workers' compensation law but only to the extent that such immunity would bar or affect recovery under or enforcement of the indemnification obligations set forth in this Section. The terms of this indemnity and any other indemnities set forth in this Agreement shall survive the termination of this Agreement. In the event that Owner becomes aware of a claim affecting Licensee under the terms of this indemnification clause, Owner shall endeavor to put Licensee on timely notice of such claim. The parties agree that the above indemnification provisions shall be limited to the extent permitted by Texas law. 12. Insurance Licensee shall obtain and—furnish the insurance described below. Licensee shall maintain and cause its • - - '- a the terms—specified herein, such exceptions shall be explained in full in Seasonal pole attachment licensee agreement page 4 revised May 2005 required insurance to be in full force and effect as required by this Agreement, Owner may declare Licensee to be in substantial default under the terms of this Agreement upon which event this Agreement shall _. _ _ '_- • ••• - • • . - _• =9 -- _. •• ---. _ _ - •_-. Will be using self- insurance letter from City of C.C. 13. Easements Licensee shall secure any right, license or permit from any governmental body, authority or other person or persons, which may be required for the construction or maintenance of Licensee's Attachments. Owner does not grant, convey nor guarantee any easements, rights-of-way or franchises for the construction and maintenance of the Attachments. Licensee hereby agrees to indemnify and save Owner harmless (on a pro rata basis with all other users of Owner's poles who failed to secure such right, license, permit or easement, based on their respective proportionate use of space on such poles and to the extent the other users are part of such claim) from any and all claims, including the expenses incurred by Owner to defend itself against such claims, resulting from or arising out of the failure of Licensee to secure such right, license, permit or easement for the construction or maintenance of the Attachments on Owner's poles, the loss of right-of-way or property owner consent, of the costs of relocating any of Owner's facilities or other attachments on Owner's poles. In the event that Owner becomes aware of a claim affecting Licensee under the terms of this provision, Owner shall endeavor to put Licensee on timely notice of such claim. However, such notice obligation of Owner does not extend to permits or franchises required by governmental entities. As applicable, all of the terms of the indemnity set forth in this Agreement are incorporated herein and shall apply with equal force to the indemnity set forth in this Section. 14. Default or Non-Compliance If Licensee fails to comply with any of the provisions of this Agreement, or defaults in the performance of any of its obligations under this Agreement, and fails within thirty (30) days, after written notice from Owner to correct such default or noncompliance, Owner may, at its option, remove, relocate, or rearrange Attachments of Licensee to which such default or noncompliance relates, all at Licensee's expense; provided in this Agreement or any other substantial default, or of repeated defaults, terminate this Agreement. Notwithstanding the foregoing, Licensee shall have up to an additional thirty (30) days to correct such default or noncompliance if Licensee promptly commences its corrective efforts within the thirty (30) day period described above and diligently continues such corrective actions thereafter. No liability shall be incurred by Owner because of any or all such actions. The remedies provided herein are cumulative and in addition to any other remedies available to Owner under this Agreement or otherwise. No such termination, however, shall reduce or eliminate the obligation of the Licensee to make payments of any amounts due to Owner for any services covered, and shall not affect Licensee's Indemnification of Owner or the Insurance requirements contained in this Agreement. Owner shall be entitled to recover any and all attorney fees, costs and expenses incurred in successfully pursuing any of the remedies set forth above. 15. Regulation Both parties acknowledge that, prior to negotiation of this Agreement, the parties carefully reviewed all relevant provisions of state and federal statutes and regulations relating to the regulation of Owner's facilities, and that the negotiations freely conducted herein were undertaken without duress and with full knowledge of any rights either party may have pursuant to such state or federal law. Both parties believe the fees charged herein to be in compliance with any applicable state or federal law. Each and every provision Seasonal pole attachment licensee agreement page 5 revised May 2005 of this Agreement is considered an essential exchange of consideration hereto. To the extent that either party may challenge any provision of this Agreement as a violation of state or federal law and is successful, then upon the sole option of the party to which such determination adversely affects, this Agreement shall terminate effective as of such determination. Upon such termination both parties shall enter into negotiations for a new agreement in compliance with such determination. Execution and performance of this Agreement are without prejudice to, and do not constitute a waiver of any positions taken or claims asserted respecting the validity, enforceability or effect of any or all such regulations or orders in any appeal, litigation or administrative proceeding pending at the date hereof or later begun, or any rights arising out of any judgment, opinion or order therein. 16. Term Except as provided in the Default Or Noncompliance Section, this Agreement shall continue for a period of one (1) year from the date hereof, and shall thereafter automatically renew for successive one (1) year periods unless one party gives the other party written notice of termination at least sixty (60) days in advance of the next renewal date. 17. Prior Agreements This Agreement terminates and supersedes any prior agreement, license or joint use affecting Owner's poles and Licensee's attachments covered hereby as of the date hereof, but such termination shall not reduce or eliminate the obligation of Licensee to make payment of any amounts due to Owner under any prior agreement. 18. Transfer of Ownership This Agreement shall be binding upon and inure to the benefit of the parties hereto, and Licensee shall not assign, transfer, sublet or sublicense any of the rights hereby granted without the prior written consent of Owner. Any outstanding liabilities of Licensee, including, without limitation, charges for inspections, and penalties, or other outstanding costs or expenses shall be paid to Owner, in full, prior to the transfer of any rights and privileges of the Licensee, with a new agreement or assignment of the existing agreement (at Owner's option), to said third party. Owner reserves the right, at its option, to require the execution of a new agreement in lieu of granting its consent to the assignment or transfer of any right, license or privilege under this Agreement. 19. Performance Waiver Neither party shall be considered in default in the performance of its obligations herein, or any of them, to the extent that performance is delayed or prevented due to the following causes which are beyond the control of said party: Acts of God or the public enemy, war, revolution, terrorism, civil commotion, blockade or embargo, fires, explosions, cyclones, floods, unavoidable casualties, quarantine, or any other cause consider a force majeure under Texas law. 20. Governing Law Except insofar as governed by federal law, this Agreement shall be construed in accordance with, and its performance shall be governed by, applicable laws in effect of the state where the poles are located. 21. Execution This Agreement may be executed in two counterparts each of which so executed shall be deemed to be an original. Seasonal pole attachment licensee agreement page 6 revised May 2005 22. Agreement Modifications This Agreement and its Exhibit constitute the entire agreement between the parties respecting pole attachments, and shall only be modified in a writing signed by both parties hereto. 23. Preservation of Remedies No delay or omission in the exercise of any power or remedy herein provided or otherwise available to Owner shall impair or affect Owner's right thereafter to exercise the same. 24. Headings Headings used in this Agreement are inserted only for the convenience of the parties and shall not affect the interpretation or construction of this Agreement. 25. Survival of Obligations All payment, performance and indemnity obligations of Licensee under this Agreement shall survive the termination of this Agreement, until said obligations are satisfied. 26. Notices Wherever notice is required hereunder, such notice may be provided either in written form or by electronic delivery: City of Corpus Christi, Texas AEP Texas Central Company Attn.: Wes Pierson Attn.: David B. Day—JUA 1201 Leopard St. 539 N. Carancahua Street Corpus Christi, TX 78401 Corpus Christi, TX 78401 e-mail: wesp @cctexas.com e-mail: dbday @aep.com IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first abov- ritten. Cl I: • O''U ice' S AEP TEXAS CENTRAL COMPANY OW" By: ROSLL a 4 Q 1 1 r, ak- Pierson Pamela F.Ellis (Print Name) (Print Name) Title: Asst.City Manager,City of Corpus Christi,TX. Title: Manager,Utility Business Development Date: 1 /l9/f 3 Date: 1 i, 113 Appnwd al to form: ii- 3 Lisa Aguilar Assistant City Attorney For City Attorney Seasonal pole attachment licensee agreement page 7 revised May 2005 EXHIBIT A INDEMNIFICATION OF ALL CLAIMS In consideration AEP Texas Central Company, Power Company ("Owner") granting and providing City of Corpus Christi, Texas, ("Licensee") and its contractors and subcontractors with access and/or permission to work on or in the vicinity of Owner's facilities under the terms of that certain Pole Attachment License Agreement between Licensee and Owner effective September 1, 2013, the undersigned, its employees, contractors, subcontractors or agents, agrees to release, indemnify, save harmless, and defend Owner, its affiliates, and their respective directors, officers, employees and agents (collectively, "Indemnitees"), from and against any and all losses, liabilities, costs, expenses, suits, actions, claims and all other obligations and proceedings whatsoever, including, without limitation, all judgments rendered against, and all fines and penalties imposed upon the Indemnitees, and any reasonable attorneys' fees and any other costs of litigation (hereinafter collectively referred to as "liabilities") arising, directly or indirectly, out of the interruption of the Licensee, its subscribers, or sub licensees service or because of any interference with communication reception of such services, or out of injuries to persons, including disease or death, or damage to property, or in any other way attributable to or arising either directly or indirectly out of, the attachment, installation, operation, presence, use, maintenance, or removal of Licensee's facilities to Owner's poles, including the loss of use thereof, or by the proximity of Licensee facilities to all other parties, including Owner, occupying space on Owner's poles, except that the undersigned's obligation to indemnify Indemnitees shall not apply to any liabilities arising from Indemnitees' sole negligence or willful misconduct. The undersigned shall be liable for reasonable attorneys' fees and all costs of litigation associated with enforcement of the obligations set forth in this obligation of indemnification and Indemnitees shall be free to select counsel of their choice. The undersigned agrees to expressly waive the undersigned's immunity as a complying employer under the workers' compensation law of the jurisdictional state from indemnification. The undersigned shall also hold Indemnitees harmless from any workers compensation claims by the undersigned's employees, agents, and contractors in accordance with the indemnity set forth in the first paragraph. The undersigned hereby acknowledges that it has been warned that working in the vicinity of Owner's facilities poses potential dangers and that the undersigned is aware of said dangers and will furthermore warn all employees, agents, subcontractors,or any other parties who may be working on behalf of the undersigned, of the potential dangers. Notwithstanding any other provision of this Agreement, neither Indemnitees nor their agents, representatives, contractors or subcontractors shall be liable to the undersigned in contract or tort, including negligence, for the Licensee or the undersigned's losses, expenses, loss of profits or revenues, costs of additional or replacement facilities, or claims of customers for such damages or for any other indirect, incidental or consequential loss or damage whatsoever in connection herewith. It is further agreed between the parties hereto,that to the extent any of the provisions of this Release and Indemnification of all Claims are determined to be contrary to law or held to be invalid by any court of competent jurisdiction,this Release and Indemnification of all Claims shall be construed and applied as if such invalid provisions were not contained herein, attempting at all times to conform, to the extent possible, to the intent of the parties as stated herein and in the Pole Attachment License Agreement, and provide the maximum indemnity allowed by law. The terms of this release and indemnity shall survive the termination of the Pole Attachment License Agreement. The undersigned also agrees to fully comply with and maintain the insurance coverage and requirements set forth in the Pole Attachment License Agreement. I have fully read this release and understand and consent to it in its entirety. By: (Contractor installing banners signs here — if not city crews) (Print Name) Title: Date: Seasonal Agreement Revised 02/2002 EXHIBIT B IMMO MINI NEM lan1101%t10%.r City of September 26, 2005 Corpus Christi Ester S. Alvarez/Joint Use Administrator American Electric Power/Texas Central Company 539 North Carancahua HO 15ENGSV Corpus Christi, Texas 78401 HUMAN RESOURCES Po sox 9277 Dear Ms. Alvarez: Corpus This will serve as confirmation that the City of Corpus Christi is self-funded for Texas 7846846 9-9277 liability risks including but not limited to; auto liability and auto physical damage, Phone 361-826-3300 property damage, general liability, liability of public officials and, liability for Fax 361-826-3322 money/securities to the current budgeted allocation of$4.5 million. The City is self- Health Benefits funded under Chapter 504, Workers' Compensation Insurance Coverage for Fax 361-844-1730 Employees of Political Subdivisions of the Labor Code, to the current budgeted Risk Management allocation of$4.8 million, with fully insured excess coverage. The City's Liability Phone 361-826-3680 and Employee Benefits Fund has an additional estimated $8.0 million. Fax 361-826-3697 www.cctexas.com Due to our self-funded status, the City is unable to name other entities as additional insureds. Please feel free to contact me if you have any questions regarding this information. I can be reached at 361-826-3739. Sincerely, AtIrMg?"4/1141 Donna James Safety&Risk Manager DJ/vlt bglig rip tititititit • August 29, 2013 City of Corpus AEP Texas Central Company Christi Attention: David B. Day Distribution Attachment Services 539 North Carancahua Street Corpus Christi, Texas 78401 LEGAL DEPARTMENT PO Box 9277 Dear Mr. Day: Corpus Christi Texas 78469-9277 The City of Corpus Christi is a self insured public entity as allowed by the State of Phone 361-826-3360 Texas for General Liability,Auto Liability, and Workers' Compensation. Liability Fax 361-826-3239 limits are established by the Texas Tort Claims Act. The City of Corpus Christi's liability under the Act is limited. Under the Act, liability in cases of personal injuries or death is limited to a maximum amount of $250,000 per person and Alunicipal Court $500,000 for each single occurrence. Prosecutor's Office 120 N.Chaparral Corpus Christi The Risk Liability Fund is funded by the City of Corpus Christi in accordance with Texas 78401 generally accepted accounting practices through actuarially calculated annual Phone 361-886-2530 contributions. Information regarding filing a claim with the City of Corpus Christi Fax 361-886-2567 can be obtained from the Risk Management office at City Hall, 1201 Leopard Juvenile Court Street, Corpus Christi, Texas 78401, or by phone at (361) 826-3680. Prosecutors Office 615 Leopard Street Suite 113 Sincerely, Corpus Christi Texas 78405 Phone 361-826-401-0 �� Fax 361-826-4309 4j3r,v1497.1knary..., Police Legal Advisor Donna James-Spruce 321 John Sartain Risk Manager Corpus Christi Texas 78401 Phone 361-886-2608 DJS/vlt Fax 361-886-2634 Human Relations PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3190 Fax 361-826-3192 Risk Management PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3680 Fax 361-826-3697 www.cctcxas.com • ti f� Ttttt� It■l MIME August 29, 2013 City of Corpus AEP Texas Central Company Christi Attention: David B. Day Distribution Attachment Services 539 North Carancahua Street Corpus Christi, Texas 78401 LEGAL DEPARTMENT PO Box 9277 Dear Mr. Day: Corpus Christi Texas 78469-9277 The City of Corpus Christi is a self insured public entity as allowed by the State of Phone 361-826-3360 Texas for General Liability, Auto Liability, and Workers' Compensation. Liability Fax 361-826-3239 limits are established by the Texas Tort Claims Act. The City of Corpus Christi's liability under the Act is limited. Under the Act, liability in cases of personal injuries or death is limited to a maximum amount of $250,000 per person and Municipal Court $500,000 for each single occurrence. Prosecutors Office 120 N.Chaparral Corpus Christi The Risk Liability Fund is funded by the City of Corpus Christi in accordance with Texas 78401 generally accepted accounting practices through actuarially calculated annual Phone 361-886-2530 contributions. Information regarding filing a claim with the City of Corpus Christi Fax 361-886-2567 can be obtained from the Risk Management office at City Hall, 1201 Leopard Juvenile Court Street, Corpus Christi, Texas 78401, or by phone at (361) 826-3680. Prosecutor's Office 615 Leopard Street Suite 113 Sincerely, Corpus Christi Texas 78405 4,0rInglyti..,4614Cti Phone 361-826-4014 Fax 361-826-4309 Police Legal Advisor Donna James-Spruce 321 John Sartain Risk Manager Corpus Christi Texas 78401 Phone 361-886-2608 DJS/vlt Fax 361-886-2634 Human Relations PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3190 Fax 361-826-3192 Risk Management PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3680 Fax 361-826-3697 www.cctcxas.com