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<br />,"'I, 'P.SAP08Cities:5107 I <br /> <br />Sec. 5. Performance Reports <br /> <br />5.1. Public Agency agrees to report quarterly to CAP COG on its performance of this <br />contract using the CAPCOG 9-1-1 PSAP Quarterly Report, Attachment A to this contract. <br /> <br />5.2. The first Report is due December 15,2007, the second March 15,2008, the third <br />June 15, 2008, and the last Report is due September 15, 2008. <br /> <br />Sec. 6. Compliance with Applicable Law and Policy <br /> <br />6.1. Public Agency agrees to comply with all applicable law and policy in carrying out <br />this contract. Applicable law and policy include but are not limited to the State Administration <br />of Emergency Communications Act, chapter 771, Texas Health and Safety Code; rules <br />implementing the Act contained in title I, part XII, Texas Administrative Code; the current <br />Uniform Grant Management Standards (Governor's Office of Budget and Planning); Texas <br />Commission on State Emergency Communications, 9-1-1 PROGRAMS Policies and Procedures <br />and Program Policy Statements; and CAPCOG's 9-1-1 Policies and Procedures Manual and <br />ENS Policies & Procedures. <br /> <br />Sec. 7. Independent Contractor, Assignment and Subcontracting <br /> <br />7.1. Public Agency is not an employee or agent of CAP COG, but furnishes goods and <br />services under this contract solely as an independent contractor. <br /> <br />7.2. Public Agency may not assign its rights or subcontract its duties under this contract <br />without the prior written consent of CAPCOG. An attempted assignment or subcontract in <br />violation of this Sec. 7.2 is void. <br /> <br />7.3. IfCAPCOG consents to subcontracting, each subcontract is subject to all of the <br />terms and conditions of this contract, and Public Agency agrees to furnish a copy of this contract <br />to each of its subcontractors. <br /> <br />Sec. 8. Records and Monitoring <br /> <br />8.1. Public Agency agrees to maintain financial, statistical, and ANI! ALl records <br />adequate to document its performance, costs, and receipts under this contract. Public Agency <br />agrees to maintain these records at Public Agency's offices. <br /> <br />8.2. Subject to the additional requirement of Sec. 8.3, Public Agency agrees to preserve <br />the records for three state fiscal years after receiving its final payment under this contract. <br /> <br />8.3. If an audit of or information in the records is disputed or the subject of litigation, <br />Public Agency agrees to preserve the records until the dispute or litigation is finally concluded, <br />regardless of the expiration or early termination of thIs contract. <br /> <br />3 <br />