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the Superintendent's designee, and Principals in relation to an arrest or an investigation involving <br />SMCISD personnel or students within 24 hours of the incident, except if such sharing of information <br />impedes or obstructs the investigation of a crime or such sharing is prohibited by law. If a SRO <br />withholds information or refuses to share information with the SMCISD Superintendent, or the <br />Superintendent's designee or campus Principal after an oral or written request has been made and there <br />is no justifiable reason for the withholding of the information, then the SRO shall be removed from <br />SMCISD, upon the request of SMCISD. To the extent allowed by the Family Educational Rights and <br />Privacy Act and the Texas Education Code, SMCISD shall share information relevant to the <br />prosecution or investigation of a crime with the SROs. <br />14.0 Relationship Of The Parties <br />Under no circumstances shall either party be deemed an employee of the other, nor shall either <br />party act as an agent of the other party. Any and all joint venture or partnership status is hereby <br />expressly denied and the parties expressly state that they have not formed, either express or <br />impliedly, a joint venture or partnership. <br />The DEPARTMENT, its employees, agents, and representatives, are not in any manner employed by <br />SMCISD. Additionally, it is agreed upon, that the SMCISD employees, agents, and representatives, <br />are not employees of or agents of the DEPARTMENT. Each political subdivision is responsible for <br />the acts or omissions of its own employees, agents, or representatives. <br />15.0 Enforcement <br />15.1 Severability. In case any one or more of the provisions contained in this Agreement shall for <br />any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable <br />in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision <br />of the Agreement, and this Agreement shall be constructed as if the invalid, illegal, or <br />unenforceable provision had never been included in the Agreement. <br />15.2 Force Majeure. Neither the DEPARTMENT nor SMCISD shall be required to perform <br />any term, condition, or covenant in this Agreement so long as performance is delayed or prevented <br />by force majeure, which shall mean acts of nature/natural disasters, strikes, lockouts, material, or <br />labor restrictions by a govermnental authority, civil riots, floods, and any other cause not <br />reasonably within the control of the CITY OF SAN MARCOS POLICE DEPARTMENT <br />or the SMCISD is unable, wholly, or in part, to prevent or overcome. If by reason of force <br />majeure either party is prevented from full performance of its obligations under this <br />Agreement, written notice shall be provided to the other party within three (3) days as follows: <br />BY CERTIFIED MAIL OR HAND DELIVERY <br />SMCISD <br />Michael A. Cardona, Superintendent <br />P.O. Box 1087 <br />San Marcos, Texas 78667 <br />City of San Marcos <br />Bert Lumbreras, City Manager <br />