2009-120-RES-Authorizing an interlocal agreement for E-911 service

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Article 13: Effective Date and Term 13.1 This Agreement is effective as of September 1, 2009, and shall terminate on August 31, 2011. 13.2 In the event of default in the perFormance of this Agreement, the non-defaulting party may terminate this Agreement after providing written notice of the default to the defaulting party, and the failure of the defaulting party to cure said default within 30 calendar days of said notice. 13.3 If this Agreement is te'rminated for any reason, the RPC shall not be liable to the Local Government for any damages, claims, losses, or any other amounts arising from or related to any such termination. Article 14: Force Majeure 14.1 The RPC may grant relief from performance of the Agreement if the Local Government is prevented from perFormance by act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the Local Government. The burden of proof for the need of such relief shall rest upon the Local Government. To obtain reiease based on force majeure, the Local Government shall file a written request with the RPC. Article 15: Confidentiality 15.1 The parties will comply with the Texas Public Information Act, Government Code, Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. This Agreement and all data and other information generated or otherwise obtained in its performance may be subject to the Texas Public Information Act. The parties agree to maintain the confidentiality of information received during the performance of this Agreement. 15.2 The Local Government or its duly authorized representative will notify the RPC upon receipt of any requests for information. Article 16: lndemnification 16.1 To the extent authorized by law, each party agrees to indemnify the other and agrees to defend its governing body members, officers and employees, against any claim, suit or administrative proceeding, and to indemnify them against any liability including all costs, expenses, and reasonable attorney's fees incurred arising out of an act or omission of the governing body, any officer, empfoyee or agent in carrying out this Agreement. Article 17. Historically Underutilized Business Requirements 17.1 The Local Government shall compfy with requirements of Chapter 2261 of the Government Code regarding Historically Underutilized Businesses.