2009-060-RES-North Texas Council of Governments

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omissions of its employees, officers, and agents; however, such responsibility is only to the extent required by Texas law. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. j. NCTCOG shall have the authority to inspect and audit the equipment records and operation of the contributing agency to determine compliance with this agreement, LEAP policy, procedures, and all applicable state and federal laws. k. NCTCOG reserves the right to immediately suspend service to the contributing agency when NCTCOG determines that this agreement or any applicable state or federal law, rule, or regulation has been violated by the contributing agency or an employee of the contributing agency. NCTCOG may reinstate the service upon receipt of satisfactory assurances that such violations have been corrected and measures have been taken to prevent future violations by the contributing agency. 1. Either NCTCOG or the contributing agency may upon 30 days written notice discontinue service or participation in LEAP. NCTCOG shall not be required to give notice prior to suspending services as stated above in Paragraph (k.). m. The point of contact for LEAP and this MOU is the Manager of Criminal Justice Programs, North Central Texas Council of Governments, currently Robert P. Neff, who can be reached at 817-695- 9174, or email at Rneff(a-)_nctcoq.orq. n. The point of contact for LEAP and this MOU for the contributing agency will be reported to the NCTCOG point of contact after execution of this agreement prior to assignment of authorized user names and pass words for the LEAP Gateway by a private security company licensed in the state of Texas. IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorized representative of each on the dates indicated. A photocopy or facsimile signature is as valid as the original. This agreement is effective upon the last signature date. FOR THE CONTRIBUTING AGENCY: FOR NCTCOG: Signature Signature of Executive Director Kevin Carruth Name Mike Eastland City Manager Title Date Date Records Management System Vendor Computer Information Systems, Skokie, IL 3 of 3