Res 2016-128/approving an Interlocal Cooperation Agreement with Hays County Sherriff Office for the Hay’s County Sherriff’s access to the city’s Police CAD/Mobile Data System

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ARTICLE IV INDEMNIFICATION/IMMUNITY/INSURANCE 4.1 To the extent authorized by Texas law each Party agrees to release, defend, indemnify, and hold harmless the other Party (and its officers, agents, and employees)from and against all claims, losses, damages, cause or causes of action for injuries (including death),property damages (including loss of use), and any other losses, demands, suits, judgments, and costs in any way arising out of, related to, or resulting from the indemnifying Party's breach or default in the performance of any of its obligations under this Agreement, or caused by the negligent acts or omissions of its respective officers, agents, employees, or any other third Parties for whom it is legally responsible in connection with performing this Agreement. This Agreement and the indemnity provided herein is not intended to and will not create any cause of action for the benefit of third parties or any person not a Party to this Agreement. This indemnity will survive the termination or expiration of this Agreement. 4.2 It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor will be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement will not create any rights in Parties not signatories hereto. ARTICLE V COMPENSATION 5.1 In consideration of the County's access to the SMPD System, as granted by the City, the County will pay an annual fee of$1,500.00 toward hardware replacement. In addition,the County will pay the City $125.00 per month for ongoing administrative support. The monthly payment will be paid before the 1St day of each calendar month beginning with the first calendar month immediately following the Commencement Date. The City reserves the right to adjust the annual fee to cover costs associated with this Agreement. The City will provide written notice to the County six months prior to the start of the County's fiscal year before any such cost adjustment is proposed. Such fees will cover the County's access to and the City administration and maintenance of the SMPD System. ARTICLE VI MISCELLANEOUS 6.1 Applicable Law. This Agreement is governed by the laws of the State of Texas. 6.2 Place of Performance. Performance and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 6.3 Entire Agreement. This Agreement, including any appendices and attachments, recitals and exhibits represents the entire and integrated Agreement between the Parties and supersedes all prior proposals, negotiations, representations, agreements, arrangements or understandings either written or oral between the Parties. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution 4