Res 2013-187/Approving an interlocal cooperation agreement w/Dallas County Schools DBA Texserve to enforce and administer the automated school bus stop arm enforcement program

Home Browse Search

monitoring safety issues inside or outside the school bus, and such information shall not be used for general surveillance purposes. E. All records created by Texserve or the City pursuant to this Agreement shall belong to Texserve or the City, as the case may be. 23.0 FORCE MAJEURE Neither Texserve nor the City shall be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include, but are not limited to, acts of God, nature or the public enemy, terrorism, invasion, insurrection, order of court, judge, or civil authority, strikes, stoppage of labor, riot, and unusually severe weather, significant fires, floods, earthquakes, storms, epidemics, quarantine restrictions, freight embargos, government regulation, or governmental authorities, and delays which are not caused by any act or omission by Texserve. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. Neither Texserve nor the City shall be deemed to be in violation of this Agreement if either party is prevented from performing any of its obligations hereunder by any of the aforementioned causes or any other cause reasonably beyond the nonperforming party's control and that is not attributable to such nonperforming party's dereliction of duty or negligence hereunder. In the event of any such occurrence, the time for performance of the nonperforming party's obligations or duties shall be suspended until such time as the nonperforming party's inability to perform, provided that the nonperforming party is not responsible for such inability to perform, is removed. The party claiming the suspension of performance shall give notice of such impediment or delay in performance to the other party within ten (10) days of its knowledge of the occurrence of the event or events causing such nonperformance. The nonperforming party shall make all reasonable efforts to mitigate the effects of any suspension of its performance. 24.0 SIGNATORY AUTHORITY The person or persons signing and executing this Agreement on behalf of Texserve has been duly authorized by action of Texserve Board of Trustees to execute this Agreement on behalf of Texserve and to validly and legally bind Texserve to all terms, conditions, performances, and provisions set forth herein. The person or persons signing and executing this Agreement on behalf of the City has been duly authorized by City Council Ordinance No. to execute this Agreement on behalf of the City and to validly and legally bind the City to all terms, conditions, performances, and provisions set forth herein. [SIGNATURE PAGE FOLLOWS] 16