Res 2016-157/approving an interlocal cooperation agreement between the City of San Marcos and the City of Buda for the City of Buda’s access to the City of San Marcos’ Cad/Mobile Client System

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1.2 Criminal Justice Information Systems ("CJIS") means the requirements and standards for computer and data security promulgated by the Federal Bureau of Investigation and adopted or required by the Texas Department of Public Safety for access to certain law enforcement data hosted by State and local agencies. 1.3 Commencement Date means the later of the: (a) date Buda secures the necessary licenses from the City's current SMPD System software vendor, Computer Information Systems ("CIS"), or its successor and (b) the date City personnel have provided written notice to Buda that the SMPD System is available and ready for shared use. 1.4 Effective Date means the last date of execution of this Agreement by either Party hereof. 1.5 Force Majeure means any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, terrorist act, or threat thereof, riot, civil commotion, insurrection, government action or inaction (unless caused by the intentionally wrongful act(s)or omission(s) of the Party), fires, earthquake, tornado, hurricane, explosions, floods, strikes, slowdowns or work stoppages. 1.6 Shared Use means the shared use of the City's SMPD System between City and Buda. 1.7 Technology Refresh means the repair, installation or replacement of hardware or equipment necessary to operate the SMPD System. ARTICLE II—TERM; TERMINATION 2.1 The term of this Agreement will commence on the Effective Date and will remain in full force and effect for one year from that date. This Agreement will automatically renew for successive one (1) year terms unless terminated by either Party in accordance with the provisions in Subsection 2.2 below. The conditions set forth below will apply to the initial term and all renewals. 2.2 Either Party may terminate this Agreement for convenience and without cause, by providing ninety (90) calendar days prior written notice thereof to the other Party. Upon termination Buda will pay to the City all costs and fees due and owing under this Agreement, if not already paid, and will not be entitled to a refund of any costs or fees for Technology Refresh or the Shared Use. 2.3 Upon either party receiving written notice of termination, the City will continue to provide Buda with access to the SMPD System until such time that Buda has successfully extracted its data, but in no event no longer than 90 days from the date of the notice of termination. The parties agree to cooperate to export records and information belonging to Buda in a usable format so that Buda may move it to an alternate system. If required to export data, the City retains the right to engage Buda's vendor at Buda's expense. 2