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INTERGOVERNMENTAL AGREEMENT — BIKE SHARE PROJECT <br /> 10.10.1.Transferring program and permits in whole or part to the local hosting <br /> j urisdictions/agencies. <br /> 10.10.2.Transferring program and permits to a third party administrator or operator. <br /> 11. Project Schedule. The parties will endeavor to meet the following schedule and Project <br /> milestones: <br /> 11.1. Submit Request For Proposals August 31, 2011 <br /> (RFP) to Caltrans for approval <br /> 11.2. Issuance of Solicitation for RFP Pending Caltrans' approval <br /> 113. Agreement(s) Executed between On or around October 3], 2011 <br /> the Air District and Selected <br /> Vendor(s) <br /> 11.4. System Launch (1,000 bikes Spring 2012 and not later than <br /> placed into service and September 3Q 2012 <br /> operated) <br /> 11.5. Close of Project Minimum of 12 months from <br /> System Launch <br /> 11.6. Final Evaluation Within 6 months following <br /> close of Project <br /> 11.7. Financial Audit Within 12 months following <br /> close of Project <br /> 12. Other Provisions <br /> 12.1. Nothing in this ageement is intended to expand the existing authority of any signatory. <br /> No organization formed pursuant to this agreement has authority beyond that specified in <br /> this ageement. <br /> 12.2. This agreement may not be modified or the term extended except by written instrument <br /> executed by the Executive Director or the governing body for each of the respective <br /> parties, as appropriate. <br /> 123. The parties agree that Uus agreement constitutes the entire understanding between and <br /> among them. <br /> 12.4. Each party shall indemnify the other parties, their officers, agenu and employees from <br /> and against all claims, injury, suits, demands, liability, losses, and damages (including <br /> any and all costs and expenses in connection therewith), incurred by reason of any <br /> negligent or otherwise wrongful act or omission of the indemnifying party its o�cers, <br /> employees, agenu, and subgrantees, or any of them, under or in connection with this <br /> ageement. The indemnifying party further agrees to defend any and all such actions, <br /> suiLs, or claims azising from the indemnifying pazty's negligence or othenvise wrongful <br /> act or omission and pay all reasonable chazges of attomeys and all other cosu, expenses, <br /> settlements, or judgments arising therefrom or incurred in connection therewith. <br /> 12.5. 7'he contract with each vendor selected in the course of this Project will require the <br /> vendor to indemnify and defend the parties against any and all liability and loss and will <br /> also require the vendor to include in its wntract with any third party implementing any <br /> Page 9 of 12 <br />