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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 92 " 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 �es - 02q d53 Alfl k1URl BY 00UN011- -.