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<br />co' If'SAP08'Cilies:5/07 I <br /> <br />8A. CAP COG is entitled to inspect and copy, during normal business hours at Public <br />Agency's offices where they are maintained, the records maintained under this contract for as <br />long as they are preserved. CAPCOG is also entitled to visit Public Agency's offices, talk to its <br />personnel, and audit its records, all during normal business hours, to assist in evaluating its <br />performance under this contract. <br /> <br />8.5. CAP COG will at least once per year visit Public Agency's offices and monitor its <br />performance of this contract to ensure compliance with applicable law and policy described in <br />Sec. 6. CAP COG will provide Public Agency a written monitoring report within 30 calendar <br />days of the visit. The report will describe any compliance Issues and schedule a follow-up visit <br />if necessary. <br /> <br />8.6. CAPCOG agrees to notify Public Agency at least 24 hours in advance of any <br />intended visit under this Sec. 8. Upon receipt of CAPCOG's notice, Public Agency agrees to <br />notify the appropriate department(s) specified in the notice. <br /> <br />8.7. The Texas Commission on State Emergency Communications and the Texas State <br />Auditor have the same inspection, copying, and visitation rights as CAPCOG. <br /> <br />Sec. 9. Nondiscrimination and Equal Opportunity <br /> <br />9.1. Public Agency shall not exclude anyone from participating under this contract, deny <br />anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in <br />carrying out this contract because of race, color, religion, sex, age, disability, handicap, veteran <br />status, or national origin. <br /> <br />9.2. If Public Agency procures goods or services with funds made available under this <br />contract, Public Agency agrees to comply with CAPCOG's affirmative action procurement <br />policy, which is set out in CAPCOG's 9-1-1 Policies and Procedures Manual. <br /> <br />Sec. 10. Suspension and Early Termination of Contract <br /> <br />10. ]. Public Agency acknowledges that CAPCOG's sole source of funding for this <br />contract is a legislative appropriation distributed under contract between CAPCOG and the <br />Texas Commission on State Emergency Communications. If the Commission does not make <br />timely payments to CAPCOG under its contract, CAPCOG may suspend payment to Public <br />Agency under this contract by giving Public Agency notice of the suspension. The suspension is <br />effective five business days after Public Agency's receipt of the notice. Upon suspension of <br />payment, Public Agency's obligations under this contract are also suspended until CAPCOG <br />resumes payment. If the suspension continues for a cumulative total of 30 or more calendar <br />days, or if the Commission terminates its contract with CAPCOG, CAPCOG or Public Agency <br />may terminate this contract by giving the other notice of termination, and this contract terminates <br />five business days after the receipt of notIce. <br /> <br />10.2. Except as provided in Secs. 3.3 and 3 A, if CAPCOG or Public Agency breaches a <br />material provision of this contract, the other may notify the breaching party describing the breach <br /> <br />4 <br />