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HomeMy WebLinkAboutC2011-038 - 1/31/2011 - NATEMPORARY SERVICES LETTER AGREEMENT BETWEEN REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI WHEREAS, the Regional Transportation Authority (RTA) has requested that the City of Corpus Christi (City) consider providing IT service assistance on a temporary basis due to unforeseen exigency, the parties agree to the following terms; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF WORK. The City agrees to consider requests for IT assistance from the RTA during the Period of Performance. If the request is approved, the City will send employee(s) to perform the requested services within a reasonable period of time. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE CITY IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT. 2. PERIOD OF PERFORMANCE. The initial term shall begin on Monday, December 20 2010 and end on January 31, 2011. The term of this agreement shall be extended to March 15 2011 upon execution of this agreement by authorized representatives of each party. 3. PRICE AND PAYMENT. As compensation for the performance of the services provided, the RTA must fully reimburse the City for all salaries and benefits due to the employees under the City's Compensation Ordinance and Benefits Plan. 4. RELEASE OF LIABILITY AND COVENANT NOT TO SUE CITY OF CORPUS CHRISTI. a. RTA agrees and understands that it will request and receive services and participate in this Agreement at its own risk and hereby releases, waives, and in all ways relinquishes any and all present or future claims against City which RTA, its officers, agents, employees, representatives, and contractors and subcontractors, and any other person or entity (collectively, hereinafter "RTA "), may assert, have, or acquire as a result of any injury, death, damage, or loss whatsoever to itself or its property resulting from, arising out of, or connected with the City's participation in this Agreement. b. RTA agrees to release, waive, and relinquish all claims, and further covenants not to sue the City for any claim, regardless of whether same may arise from any negligence, gross negligence, or willful misconduct of the City or its employees. c. RTA understands there may be risks involved. RTA assumes all risks, and will rely solely on itself, and not the City or its employees, in determining what those risks are. 2011 -038 01131111 Regional Transportation Authority INDEX-M, d. RTA's Release of Liability applies to all activities during or connected in any way with the City's participation under this Agreement and any performance hereunder. 4. INDEMNIFICATION OF THE CITY. To the extent permitted by law, the Regional Transportation Authority shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall specifically include the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. CITY OF CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY By: A e R. Escobar bafe �G ��- Date City Manager F° Gp'✓61 ��uTlti�i 0x+I$]�Jl►TII4i;lall �chael r trong Date Dir., Municipal information Systems APPROVED AS TO LEGAL FORM By: 1- 3t, 0 Lisa Aguilar Date Assistant City Attorney