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software, computer print outs, other written and graphic records and the like,
<br />whether originals, copies, duplicates or summaries thereof, affecting or relating to
<br />the business of such person, including financial statements, budgets, projections
<br />and invoices.
<br />1.11 "School Bus Stop Arm Program" or "Program" means the administration,
<br />processes, and procedures by which the School Bus Stop Arm Violations are
<br />recorded, monitored, identified, processed, approved, distributed, enforced,
<br />collected, reported, adjudicated, appealed, and otherwise managed by Texserve,
<br />the District, and the City.
<br />1.12 "School Bus Stop Arm Violation" ( "Violation ") means a violation of the
<br />Ordinance for which authorization to issue a Notice of Violation is given by a
<br />Law Enforcement Officer for illegally passing a stopped school bus that has its
<br />bus stop -arm extended while loading and unloading students.
<br />1.13 "Violation Data" means all electronic data collected by the Busguard System that
<br />contains information, including but is not limited to, pictures, video, GPS
<br />location, date, and time of Potential Violations, which is subject to review by a
<br />Law Enforcement Officer for determination of School Bus Stop -Arm Violations.
<br />2.0 TERM
<br />This Agreement shall be effective upon approval by the City Council of the City of San Marcos,
<br />Texas, which is this 17th day of December, 2013 (the "Effective Date ") and shall continue for a five
<br />(5) year period from the date of first payment received for a Notice of Violation issued assessing
<br />a civil monetary penalty for violation of the Ordinance (the "Initial Term "). Upon expiration of
<br />the Initial Term, this Agreement shall be extended for an additional five (5) year term unless
<br />either party shall notify the other in writing, within 90 days prior to the expiration of the Initial
<br />Term, of its desire not to renew.
<br />3.0 RELATIONSHIP OF THE PARTIES
<br />Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the
<br />relationship of principal and agent or employer and employer between the parties. The
<br />relationship between the parties shall be that of independent contractors, and nothing contained
<br />in this Agreement shall create the relationship of principal and agent or otherwise permit either
<br />party to incur any debts or liabilities or obligations on behalf of the other party (except as
<br />specifically provided herein).
<br />Each party is acting independently of the other, and neither is an agent, servant, employee, or
<br />joint venture partner of the other. The parties represent and warrant that they have, or will secure
<br />at their own expense, all personnel and consultants required to provide the services under this
<br />Agreement and have contracted, or will contract, with any necessary third -party vendors to
<br />provide the services in accordance with this Agreement. No officer or member of the governing
<br />body of the City or Texserve shall participate in any decision relating to this Agreement that
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