HomeMy WebLinkAboutC2011-137 - 5/10/2011 - ApprovedINTERLOCAL COOPERATION AGREEMENT
BETWEEN
REGIONAL TRANSPORTATION AUTHORITY
AND
THE CITY OF CORPUS CHRISTI
This Agreement made and entered into this 10` da of 2011, by and
between the Corpus Christi Regional Transportation Authority hereina er referred to as
"RTA ", and the City of Corpus Christi, a Texas home -rule municipal corporation
hereinafter referred to as "City ", under the authority and in accordance with the
Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code
WITNESSETH:
WHEREAS, Texas Government Code, Chapter 791, authorizes local
governments of the state to enter into contracts for governmental functions and services
to increase their efficiency and effectiveness; and
WHEREAS, the RTA and the City are local governments as defined in Texas
Government Code, Section 791.003(4), have the authority to enter into this agreement,
and have each entered into this agreement by the action of its governing body in the
appropriate manner prescribed by law; and
WHEREAS, both the City and RTA represent to one another that each respective
party has the authority to enter into this agreement and perform the obligations and
duties stated herein; and
WHEREAS, the RTA and the City specify that each party paying for the
performance of said functions of government shall make those payments from current
funds available to the paying party.
NOW THEREFORE, this contract is made and entered into by RTA and City in
consideration of the aforementioned recitals and for the mutual consideration stated
herein ( "The Agreement "):
WHEREAS, the Corpus Christi Regional Transportation Authority (RTA) has
requested that the City of Corpus Christi (City) consider providing information
technology 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 Information
Technology 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.
2011 -137
Res. 029053
05/10/11
RTA INDEXED
2. PERIOD OF PERFORMANCE. The term is Monday, December 13 2010 through
on July 31, 2011.
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, within thirty
(30) days of presentation of invoice.
4. FISCAL FUNDING. In the event that payments or expenditures are made, they
shall be made from current funds as required by Chapter 791, Texas Government
Code.
S. VENUE. Venue to enforce this Agreement shall lie exclusively in Nueces County,
Texas.
6. DEFAULTIWAIVERIMITIGATION. it is not a waiver of default if the non -
defaulting party fails to declare immediately a default or delays in taking any action.
Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other
remedies in this Agreement or provided by law.
7. NOTICE. Official notice shall be by written notice and delivery to all of the parties
to this Agreement. Delivery shall be fax or deposit in the United States Postal Service,
first class, return receipt requested to:
TO THE RTA: Corpus Christi Regional Transportation Authority
Attn: Executive Director
5658 Bear Lane
Corpus Christi, Texas 78405
TO THE CITY: The City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
8. COUNTERPARTS. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the
same instrument.
9. APPROVAL. This agreement is expressly subject to and contingent upon formal
approval by Corpus Christi Regional Transportation Authority and City Council. Each
person executing this Agreement represents and warrants that they have full right and
authority to enter into this agreement.
10. 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.
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.
11. INDEMNIFICATION OF THE CITY. To the extent permitted by law,
the Corpus Christi Regional Transportation Authority shall indemnify,
save harmless and defend the City of Corpus Christi, and its agents,
officers, 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 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.
3
CITY OF CORP CHRISTI
By. r
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Ro aid . O so �Da
City anager
APPROVED AS TO LEGAL FORM
B 4 5-5
Lisa Aguil r Date
Assistant City Attorney
for the City Attorney
REGIONAL TRANSPORTATION
AUTHORITY
B
Scott Neeley Date
Chief Executive Officer
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