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HomeMy WebLinkAboutC2016-368 - 8/9/2016 - Approved LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and Zagster Inc., whose business address is 24 Thorndike Street, Cambridge, MA 02141. WHEREAS, Licensee owns and/or controls the real properties, right-of-ways and/or improvements located at (1) La Retama Park, 501 Mesquite St., 27.796583, - 97.395150; (2) Seawall, 700 N. Shoreline Blvd, 27.798252, -97.390992; (3) North Bayfront Park, 1305 N. Shoreline Blvd., 27.803978, -97.392024; (4) Lawrence St. T- Head, 430 Lawrence St., 27.794012, -97.388877; (5) Peoples St. T-Head, 108 Peoples St. T-Head, 27.796650, -97.388601; (6) Bay Shore Park, 40 S. Shoreline Blvd., 27.786742, -97.393299 Corpus Christi, Texas, and being more particularly described as (hereinafter "Property"), as shown in Exhibit A; and WHEREAS, Licensee wishes to install bicycle docks (hereinafter "Improvements"), on a City Property, as shown in Exhibit B; and WHEREAS, Licensee has requested City allow the use and occupancy of the Property for Licensee's Improvements. NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: In accordance with Article IX, Section 1, of the City's City Charter, the City has granted and by these presents does grant to Licensee, for the term and upon the conditions stated in this Agreement, a License for the right to install, operate, maintain, repair and remove Improvements on Property. The area in which the License is granted for the location of the Improvements is referred to in this Agreement as the "License Area." Licensee agrees that the Improvements shall not be expanded, enlarged or altered in any way nor shall the height or stories be increased without the prior written approval of City. The License granted by this Agreement is issued to the Licensee only. This Agreement may not be assigned by Licensee without the City Manager's prior written consent. Licensee must notify the City if Licensee sells or transfers ownership of the Improvements. The License granted by this Agreement is subject to the Licensee's compliance at all times with the following conditions: 2016-368 8/09/16 Ord. 030917 Zagster Inc. INDEXED A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Licensee not less than 30 days' notice, in writing, by the City's City Manager or 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 Licensee. B. Subject to termination under Section A above, the term ("Term") of this Agreement shall be 1 year from the Effective Date. This Agreement shall automatically renew for successive terms equal to the original term (each an "Extension Term") unless either party has given 30 days' notice, in writing, of its desire to terminate this agreement. It also terminates if Licensee discontinues or abandons the use of the Improvements. This License is made expressly subject and subordinate to the right of the City to use the Property for any public purpose. In the event that City gives notice of termination under Section A, Licensee shall at its sole cost and expense make or cause to be made the removal of the Improvements. Licensee shall reimburse City for the cost of City's removal of the Improvements if Licensee does not remove them within the notice period. C. The City reserves the right to construct, maintain and/or modify city-owned facilities, including but not limited to, street and utility improvements. The City will provide 30 days' written notice to the Licensee when the City has determined that removal, relocation or alteration of the Improvement is reasonably necessary for construction, maintenance, modification or operation of city-owned facilities. The Licensee shall either promptly make the required adjustments or shall have the right to terminate this License. The required work will be done at Licensee's expense. D. The Licensee agrees to comply with all City Code of Ordinances, State of Texas and federal laws. E. The Licensee shall provide the City with a 3-dimensional map of the Improvements accurate to within 1 foot, which will be included with this Agreement as Exhibit C and 2D drawing file must be submitted for the as-built. F. The Licensee shall maintain: (1) at least 5-foot clearance from the bicycle dock and any nearby fire hydrants; (2) a minimum of 5-foot clearance from the back of any bicycle racked to the bicycle dock to allow for pedestrian traffic and accommodate ADA requirements; and 2 1{ 89/2 (3) for sites adjacent to parking lanes, a minimum of 6 1/2-foot clearance, from the back of any bicycle racked to the bicycle dock to the back of street curb to accommodate ADA requirements. G. The Licensee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the License 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 D, the substantive content of Exhibit D 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 Licensee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Licensee shall provide copies of all requested insurance policies to the City's City Attorney. H. Should construction be deemed necessary by Licensee in the License Area, construction plans and specifications for all proposed work shall be submitted in advance by the Licensee 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 pavement, water, storm water, wastewater and gas lines. The Licensee 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. Licensee shall fully pay for all labor and materials used in the License Area and will not permit or suffer any mechanic's or material man's liens of any nature to be affixed against the Property by reason or any work done or materials furnished to the Property at Licensee's request. I. Prior to the start of any approved construction, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit D. Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this Agreement. J. Licensee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the License Area, in as much as possible. K. At least 48 hours prior to beginning any approved construction, Licensee 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, Licensee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: 3 • 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. L. Any construction process and use of the License Area by Licensee 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 proposed roadways, 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, Licensee shall pay for removing or relocating the Improvement in the License Area to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The Licensee shall repair the License Area to its original condition or cease to use the License Area, at which time this Agreement terminates immediately. M. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensee 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 Licensee require a trench, pit or similar excavation be dug during approved construction, the Licensee 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 "T" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] N. If, as determined by the City Manager, damage occurs to any pavement, sidewalk, curb, gas, water, storm water or wastewater line, Licensee shall allow the City immediate access to the License 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 4 q/ utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. 0. Should construction become necessary near existing water or wastewater lines, Licensee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. P. 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 License 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 Licensee 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. Q. At any and all times, Licensee shall be responsible for the repair and maintenance of the License Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the License Area, regardless of the type of damage, Licensee 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. R. Licensee agrees that any Improvements located above the ground shall be cleaned, maintained and repaired immediately to preserve the public health and safety and prevent blight. S. Licensee shall repair, or cause to be repaired, any damage to pavement, driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters and/or any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the License Area. T. 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 Licensee promptly and in accordance with current City standards and 5 qoq/5 specifications and as per the City inspector's request. All trenches, pits and other excavations, including bore pits, shall be barricaded by the Licensee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "M.2." for additional requirements pertaining to trenches, pits, and other excavations.] U. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Licensee according to current City standards and specifications and as required by a City inspector. V. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT- OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE LICENSEE'S IMPROVEMENTS PURSUANT TO THIS AGREEMENT INCLUDING PREMISES LIABLITY, BUT EXCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY 51% OR MORE NEGLIGENCE OF THE INDEMNITEES. LICENSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS WHICH ARE FINALLY AWARDED BY A COURT OF COMPETENT JURISIDICTION OR AGREED TO BY LICENSEE IN SETTLEMENT. W. 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. X. 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 Licensee: Zagster, Inc Attn: Timothy Ericson, CEO 25 First Street Cambridge, MA 02141 6 ii° 6/ -G 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. Y. 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. All actions arising from, out of, or related to this Agreement must be filed, tried, remain and resolved in and cannot be removed from Nueces County, Texas. Z. The Licensee further agrees, in compliance with Section 2-349 of the Corpus Christi Code of Ordinances, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit E. Completed versions of Exhibit E by the Licensee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. aa.This instrument, including exhibits, constitutes the entire agreement between the City and the Licensee, 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 Licensee and approved as required by City law. bb. To the maximum extent permitted by law, neither party will be liable to the other party for any (1) indirect, special or consequential damages or (2) punitive or exemplary damages suffered by such party or any of its equityholders, managers, directors, officers, employees, agents or affiliates, except to the extent licensee is obligated to indemnify indemnitees under clause V above. Except as expressly set forth herein, licensee makes no representations or warranties and expressly disclaims the implied warranties of fitness for a particular purpose, noninfringement and merchantability. EXECUTED IN DUPLICATE by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. LICENSEE ao) // G, ) Date ( «O Zagster, Inc ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on AO q 0_ _ 22- Zn , 2016, by ( 11111 c t-hy CeiLS0i, as ( (,E,(U ) of Zags't'er, Inc., on behalf of said company. J RER RE MME I,R OK Notary Public -an•IalirM COMMONWEALTH OF MASSACHUSETTS I My Commission Expires Nota Public's Signature November 26, 2021 8 1}o7-- 8 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the , '', i-1'day of ` `t-c/''` 14- 2016. ATTEST: CITY F CORPUS CHRIS I Ri , at,i, i 4 eb-e-- -e-----+:11./tti By: Rebecca Huerta, Daniel McGinn, I terim Director City Secretary Development Services For City Manager THE STATE OF TEXAS § COUNTY OF NUECES § II,,,,,,,, ,',,, This instrument was acknowledged before me on�� .�'Y` 1� , 2016, by Daniel McGinn, as Interim Director of Development Services of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. �{{E'TAP1tfZ LEfifJIA '. n11_4%., 02-• '&°/}r"; 'l1 U', Nota Public, State of Texas ` tip < Notary Public I _ :1.1J1;"--: STATE OF TEXAS 1 y, s,••......• ; My Comm. Exp. 01-23-2017 C rd NCIH } ...................o............ U I 0,1/... 1 APPROVED AS TO LEGAL FORM: _.._.,, +..... SECRETARv fl,td({ tndfit S7- (1-/6 . Buck Brice (Date) Assistant City Attorney For City Attorney 9 yob'_ , i P 1 I Exhibit A Sites Installation Location Address Map Coordinates 1. La Retama Park 501 Mesquite St 27.796583, -97.395150 2. Seawall 700 N. Shoreline Blvd 27.798252, -97.390992 3. North Bayfront Park 1305 N. Shoreline Blvd 27.803978, -97.392024 4. Lawrence St. T-Head 430 Lawrence St 27.794012, -97.388877 5. Peoples St. T-Head 108 Peoples St. T-Head 27.786742, -97.393299 6. Bay Shore Park 40 S. Shoreline Blvd 27.795848, -97.402710 1f o 9 --/o Exhibit B Improvements Site Plans #1 La Retama Park,501 Mesquite St. (red shaded area shows the buffer distance of 5'to meet ADA requirements) Notes:The width of the concrete pad i - t j >' $ iill F .` '." ---1w e t j¢( °�� r ii - . ,4 ± f d +"e 4, t ; y t - wwm ° Wells forgo l it rr- it t x u ' il : a ! ,f i r° / '.; , • nxr Z.... l ' p1 ' 41 ' ' . 1 jia.fr'''•• 4 1,,it ,. ice_ 1. IF ..� r , { .� "*"4.4., - —.. '-= R r - ,, __; ,, , , .. „, ,,,,.... I ,_ , il, ,.., L.....,....„ . . ) d;l t t i /i f ii 1— ( 1 Picture and bike rack not to scale .r��s. ': n: e �, . • AK t � ,,. ., _ .,..+""�} ,r 1: Iiit — 1= ,i -ii -ill. r':,•.1,,,,4-4:`,.,,..;,:-;... .-----._ __-._------ -----�_.----- x ' k #2 Sewall,700 N.Shoreline Blvd. (red shaded area shows the buffer distance of 5'to meet ADA requirements) Notes:The width of the sidewalk is 18'5"and has no obstructions where the installation will be placed. / • �'' d /r1 ij • " rhe ..!/a °c LD . '--' i=' ' . 'a"t Y 4 s It:.' f �r.s --� 4 Aig f1z7 4 - A-- .s i = r i1P s r. .- , . *1 as � f B+ke ,e aaoon- ' ;l x .s''', ' 700 N Shetme BAifi-. r- _si ] • ShL \ (Seawall) se 4 -.J ,.o��n . .` 2 i' r „r c ii, , ai, sr—ipolv s _.. >= iiift,..'„#;I IIIIIIt7rSt ' ' TJ ,_y0. r z. 1 "pry I 0 Bicycle Rock 'a „ + + —id , 4 r- e k. k N Shoreline Blvd, "` .a-- rs}. k t4T. aa --- _ x8ru^m a z r ' airy% r 1 , fP4� r r WW1 444 A V ,� .,t _� _yam\ .. -.._ �.. 1` r .. ' } Fir. L 2 ......._"7.4.017,..,;-"---1:'1/41 -", ----N,_:"7Th ,.., ,e—fri..N s '\,, ,,,..lif„/"...-". - kkb", \ „,4 if) ' ',,r," \ .."'----.1/ , „ • 18'S" i ::_.,,,,,,........„7.: ., .7.: M , 4 li #3 Park, 1305 N.Shoreline Blvd. (red shaded area shows the buffer distance of 5'to meet ADA requirements) Notes:The minimum width of the sidewalk to the nearest obstruction (road sign)is 18'5". The installation will be 24'from the ADA ramp. Bike Share Location- 1305 N.Shoreline Blvd ,. , °. xr.. Amencan Bonk Center O " a ..., �, 4111/110.1.1. 0 FP" •• . A. , 1 1 r • TAS ' . i .4',0 t' f11 # w�i /^" €.. fit: Ail MM .. - _ t tT4' Y '. r r • 019 ��— ` $ • , i ' 1 \ \ P t k i , •''' .,. 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'" ''' ' Illipfr,,, : -' . .., ,. , ... . , • 7k. 4 #6 Bay Shore Park(red shaded area shows the buffer distance of 5'to meet ADA requirements) Notes:The width of the sidewalk is 19'5"and has no obstructions where the installation will be placed. , t� Bike otion- 4'a'�,, Sa r�8 Methoist Ouch Urged , • acts, ' wOuch Afar1, d S e • ..i Tt . 1P .M 1 a lititLi M J ix '''''''''''..:'"-.,-v;. , Y l 0 Bicycle Rack ^... - r.., I M. — P jt i t , . ill staiii. „Ili t / �• _mow 4 alp . , © .. p ' '. . i 4L-U `i- / 11111111110''.. INF iirour, 20.- 19'5" 4,111 • ' Or • !rf , !Ir .1 - _ 4\ • • • • q #7 RTA Customer Service Center To be located on entirely on private property and not need a Street Use License, but placement is shown as an FYI. yij :4�" R • N `1 T �1e �{ w iii :7.4-1,‘, aye y$y �y 7x }� /'. Y� °' �� 'mss \ iillt : J /�w „ , a,r� "."v .v.5:a �, x E o r - Bike Share Location ,i , J - • ► ,: CC RTA Building ''''y e .. * I l 19 N. 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Exhibit C Drawings Bike Installation Specs 10 Bike System 267-1" to vile "i Plitt r r 11:31 t 't 1 4 18" 24" oiN- 1 li li 1, i ,11, t ry,t, , 1, Liiiy / q 18." Zagster K1 Station- 8 bike 219 4" 1 B' rA Za sten a better way to bike 8111 8 Confidential and Proprietary • f EXHIBIT D INSURANCE REQUIREMENTS LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Licensee must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Licensee must furnish to the City's Risk Manager and Engineering Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Construction contracts including excavation at (3) three feet or more requires Pollution Liability Coverage. In addition, Construction contracts of more than (5) five million dollars require Umbrella Liability Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury 7. Underground Hazard (If Applicable) AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Which Complies with the Texas 'f) V' %"/?' I (All States Endorsement if Company is not Workers' Compensation Act& Part II of domiciled in Texas) this Exhibit. Employers Liability Insurance $500,000/$500,000/$500,000 Pollution Liability—Including Clean up and $1,000,000 Per Incident Limit Remediation (only required if licensee $1,000,000 Aggregate Limit excavates or digs 3 feet or more) $1,000,000 Legal Defense Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 business days of the date Contractor or Licensee first becomes aware of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Licensee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Licensee is not domiciled in the State of Texas. B. Licensee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Licensee'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- VII. C. Licensee shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Licensee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days' advance written notice directly to City of any, cancellation, non-renewal, material change or termination 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 cancellation, non-renewal, material change or termination of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Licensee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Licensee'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 Licensee to stop work hereunder, and/or withhold any payment(s) which become due to Licensee hereunder until Licensee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Licensee'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 contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 1=1 City of Corpus ChristiEXHIBIT E CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Z0{ C--ems STREET ADDRESS: 17"1 ` P.O. BOX: CITY: STATE: ZIP: - �{ FIRM IS: 1. Corporation [e 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate 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 "firm.' Name Job Title and 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 J 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 IA NI (k 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on 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 ! fi t�`-7 cr-i S rJ FILING REQUIREMENTS 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 City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas, as changes occur. Certifying Person: Title: t rjcSC CC C.) Signature of eronDate: 8/3019o)1.2 3o/ of� Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial 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. ,c / 3 .1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3.5.and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Nam.of business entity filing form,and the city,state and country of the business entity's place Certificate Number. of business. 2016-111750 Zagster,Inc. Cambridge,MA United States Date Filed: 2 Name cif governmental-entity or state agency that is a party to the contract(or which the form Is 09/14/2016 beteg Mod. Corpus of Corpus Christi Date Acknowledged- °I 2� 2b1Q, 3 Provide the identification number used by the governmental entity or state agency to track or identity the cor'tract,aril provide a description of the services,goods,or other property to be provided under the contract. 16-0796 Bike Share • Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check epplicabls) Controlling., Intermediary fr 5 Check only if there is NO Interested Party. a 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct HEATHER $ANDIE BROOKS Public �•---,- My Commission Expires ( Signature rzed agent of contracting business entity November 2+3. 2021 1 AFFIX NOTARY STAMP I SEAL ABOVE L y, pkSworn to and subscribed before me,by the said 1 1 t�� 1 � inns the l J day of �ml1C{ 20 lit ,to certify which,witness my hand and seal of office. pec €I $rat S Occice (C)ans U' Sig ure of officer administering oath Printed name of officer administering oath Title of officer administering oath Version V1.0.277 Forms provided by Texas Ethics Commission�'�' www.ethics.state.tX.us