Res 2022-185R/approving an Interlocal Agreement with Hill Country Community Health & Mental Retardation Center D/B/A Hill Country Mental Health and Developmental Disabilities Centers (“HCMHDD”

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5.4. At the conclusion of this Agreement, all equipment or furnishings purchased by the City or Hill Country related to this Agreement, shall become the property of the purchasing entity. This provision does not limit the right of the parties to agree otherwise in writing at the time of purchase. 5.5. In the event that either entity receives reimbursement or compensation for loss or damage to assets purchased with funds related to this Agreement, the proceeds must be used to replace or repair such assets. 5.6. This Agreement is contingent upon the continued availability of ARPA funding. If funds become unavailable through lack of appropriations,budget cuts, or any other disruption of current appropriated funding for this agreement, either party may restrict, reduce, or terminate the agreement without cause with sixty(60) days prior written notice to all parties. 6. INSURANCE. 6.1. The City of San Marcos is insured through the Texas Municipal League Intergovernmental Risk Pool. 6.2. Hill Country is a member of the Texas Council Risk Management Fund. 6.3. No Waiver of Immunity. To the extent permitted by law, and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages,and causes of action related to or arising out of or in any way connected with their own actions, and the actions of personnel in providing assistance rendered or performed pursuant to the terms and conditions of the Agreement. Each Party agrees to obtain general liability, public officials' liability and law enforcement liability, if applicable, or maintain a comparable self-insurance program. 6.4. No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provisions. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. 6.5. Indemnification. To the extent permitted under the laws and the Constitution of the state of Texas, both parties hereby agree to hold harmless each Party from the other and all of each respective directors, officers, employees and agents from all suits, actions, claims or cost of any character,type or description brought or made on account of any injuries,death, or damage received or sustained by any person or persons or property, including but not limited to clients,arising out of or occasioned by any negligent acts of either Party or Party's personnel, if any, or its agents or employees whether occurring during the performance of the services hereunder or in the execution of the performance of any of its duties under this Agreement. 7. COMPLIANCE WITH ALL LAWS. 7.1. All parties to this Agreement will act, at all times, in compliance with all pertinent City ordinances,orders,regulations and policies,as well as all applicable State and Federal Laws. Nothing in this Agreement is intended to conflict with any current laws or regulations, or with the directives of Hill Country or the City. 7.2. Regarding Confidentiality, the purpose for the sharing of information amongst CRT members and related first responder personnel is appropriate when the situation involves: a crisis, a community safety issue, and/or is deemed necessary in order to provide continuity of care. 8. INTERLOCAL COOPERATION ACT