Res 2011-099 - Laserfiche WebLink

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INTERLOCAL AGREEMENT FOR LICENSING SCPDC SOFTWARE Section 1. Parties and Puroose 1.1. The Capital Area Council of Governments ( "CAPCOG ") is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, Chapter 391 of the Local Government Code, as amended, and is a signatory Agent for the Licensor. 1.2. The City of San Marcos, Texas ( "Licensee ") is a Texas home -rule city. 1.3. The South Central Planning and Development Commission (Licensor) or ( "SCPDC ") is a regional planning commission and political subdivision of the State of Louisiana, domiciled in Terrebonne Parish. The district was established in 1973 and created by law in 1978 under State act 472. The statute allows its member governmental entities to come together through SCPDC to provide long range planning, act as a state and federal liaison, provide guidance and study to current issues affecting government, and provide services to business and citizens. 1.4. SCPDC created MyPermitNow, MyProjectNow, MyAddressNow, Inspection Anywhere and MyGovernmentOnline software (the "SCPDC Software "). This Interlocal Agreement is entered into between the Licensor and the Licensee (the "parties ") under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended to allow the Licensee to utilize the SCPDC Software under the terms and conditions stated herein. CAPCOG has been granted a limited power of attorney by SCPDC to execute this contract on SCPDC's behalf. This Interlocal Agreement (this "Agreement ") describes the terms and conditions pursuant to which Licensor shall license to Licensee the use of, and provide support for, certain Software (as defined below). In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows: Section 2.Definitions 2.1 "Confidential Information" means this Agreement, including all of its terms, and all its Schedules, any addenda hereto signed by both parties, all Software listings, Documentation, information, data, drawings, benchmark tests, specifications, trade secrets, object code and machine - readable copies of the Software, source code relating to the Software, and any other proprietary information supplied to Licensee by SCPDC, or by Licensee to SCPDC and clearly marked as "confidential information ", including all items defined as "confidential information" in any other agreement between Licensee and SCPDC whether executed prior to or after the date of this Agreement. 2.2 "Documentation" means any on -line help files, instruction manuals, operating instructions, user manuals, and specifications provided by SCPDC which describe the use of the Software and which either accompany the Software or are provided to Licensee at any time. 1