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<br />-3- <br /> <br />shall notify PHS in writing of the deficiency. PHS shall <br />have ten (10) working days from the date of the notice to <br />correct or satisfy the deficiency. <br /> <br />B. <br /> <br />If the deficiency is not appropriately corrected or satisfied <br />in the opinion of the City within the prescribed time, notice <br />may be given to PHS that its funding will be terminated. <br /> <br />C. <br /> <br />A decision to terminate funding may be appealed to the City's <br />Human Services Advisory Board within ten days of the date of <br />the notice to terminate funding. During the appeal process, <br />funding to PHS shall continue. <br /> <br />D. <br /> <br />The Human Services Advisory Board shall conduct a hearing <br />on the matter within ten (10) days of receipt of an appeal and <br />render a decision on the appeal as soon as practicable <br />thereafter. <br /> <br />E. <br /> <br />An appeal from a decision by the Human Services Advisory Board <br />may be taken by either party to the City Council, in <br />writing, within ten (10) days of the decision of the Human <br />Services Advisory Board. The City Council shall hear the <br />appeal and render a written decision as soon as practicable <br />after receiving written notice of the appeal. <br /> <br />F. <br /> <br />Nothing herein shall preclude either party from seeking any <br />other remedy for breach of this contract that is available in <br />law or in equity. <br /> <br />G. <br /> <br />Notwithstanding the foregoing provisions of this section, <br />either party to this agreement shall have the right to <br />terminate this contract by providing written notification to <br />the other party at least thirty (30) days prior to the <br />effective date of such termination; however, City agrees that <br />it will not terminate this agreement under this subsection <br />except for good and sufficie~t cause. <br /> <br />SECTION 11. <br /> <br />Miscellaneous. <br /> <br />A. <br /> <br />This contract contains the entire agreement between the <br />parties. Any oral understandings or agreements in conflict <br />with the written provisions of this contract shall be of no <br />force or effect. <br /> <br />B. <br /> <br />Any alterations, additions, deletions or amendments to the <br />terms of this contract must be made in writing and executed by <br />both parties hereto. <br /> <br />C. <br /> <br />Both City and PHS assure and guarantee that they both possess <br />the legal authority to enter into this contract and to perform <br />the services and comply with the terms provided for herein. <br /> <br />D. <br /> <br />City may, in its sole descretion provide for or conduct an <br />independent audit of the funds received under this contract at <br />any time during the effective term of this contract and for <br />twelve months after its termination. <br /> <br />E. <br /> <br />PHS agrees to maintain all financial aid program records for <br />at least twelve months after the termination of this contract. <br /> <br />EXECUTED IN DUPUCATE ORIGINALS on <br />, 1988. <br /> <br />this <br /> <br />the <br /> <br />day <br /> <br />of <br /> <br />Attested By: <br /> <br />For the City of San Marcos <br /> <br />By: <br />Larry Gilley, <br /> <br />City Manager <br /> <br />Attested By: <br /> <br />For <br /> <br />By: <br />President/Chair of Board <br /> <br />Approved As To Form: <br /> <br />Lamar W. Hankins <br />City Attorney <br />