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°
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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