31 Motion to approve an interlocal agreement with PISD for the purchase and maintenance of a Thor Guard lightening prediction and warning system

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2. The CITY agrees to contract with a mutually agreeable Vendor of lightning detection system units to provide as many lightning detection units as are required by CITY and PISD to cover the area around the proposed site for the new PISD High School and the City's Love Civic Center and Dragon Park Complex. 3. The CITY and PISD agree that Paris Fire Station No. Four, 2010 SE 24~ Street, Paris, Texas, shall serve as the equipment center for locating all necessary electrical, digital, mechanical or wireless equipment that Vendor deems necessary to connect and/or operate the lightning detection system. 4. The CITY and PISD agree to share all costs, fees and expenses connected with the lightning detection system equally fifty percent (50%) each. The CITY shall serve as the primary contact for Vendor and all bills or invoices from Vendor shall be directed to the City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. Upon receipt and approval of a vendor invoice, the CITY will invoice PISD for 50% of the invoice received from vendor. PISD shall make payment to the CITY on all invoices received within thirty (30) days of receipt of invoice from the CITY. The CITY and PISD agree to be responsible for their own acts of negligence or wrongdoing related to the performance of this Agreement, if any, and to the extent allowed by law, and without waiving their sovereign or governmental immunity or other rights or protections under the Texas Tort Claims Act, agree to be responsible for any claims, damages, lawsuits or fees that may arise from such negligence or wrongful acts and relating to or arising from this Agreement. This obligation must be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas or any other jurisdiction. 6. Any notice required by this Agreement shall be in writing and may be delivered in person or by certified mail, return receipt requested, addressed accordingly: CITY PISD City Clerk Paul Trull City of Paris Superintendent P. 0. Box 9037 Paris Independent School District Paris, TX 75461-9037 1920 Clarksville St. Paris, TX 75460 EXECUTED on the dates shown in the acknowledgments below. CITY OF PARIS, TEXAS By: Kevin Carruth, City Manager -2- m I6~