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5.11. INVESTMENT AND COLLATERALIZATION OF PUBLIC FUNDS. Financial <br /> Assistance funds are public funds and, as such, these funds shall be held at a designated <br /> state depository institution or other properly chartered and authorized institution in <br /> accordance with the Public Funds Investment Act, Government Code, Chapter 2256, and <br /> the Public Funds Collateral Act, Government Code, Chapter 2257. <br /> ARTICLE VI. NON-PERFORMANCE AND REMEDIES <br /> 6.01. STOP WORK ORDERS. <br /> A. Stop Work Order (SWO). The Executive Administrator may issue a written SWO to <br /> the City at any time for failure to comply with any provision of this Agreement. The <br /> SWO shall provide the City with notice of the facts supporting the determination to <br /> issue the SWO. The SWO may require cessation of work immediately or at a definite <br /> future date. The SWO shall provide the City with a specified time to cure. <br /> B. City's Response. The City shall provide a written response to the SWO and shall <br /> provide the Executive Administrator with a detailed plan to address and cure the <br /> conditions causing the SWO. The City shall provide the response within five <br /> business days from its receipt of the SWO. <br /> C. Executive Administrator's Reply. The Executive Administrator may accept, reject or <br /> amend the City's plan and shall provide notice of such action to the City within five <br /> business days of receipt of the plan. The Executive Administrator may issue an <br /> amended SWO that allows resumption of work contingent upon the City's execution <br /> of the plan to cure. The Executive Administrator may modify the City's plan to cure <br /> only in a manner consistent with the terms and conditions of this Agreement. <br /> D. City's Option. The City shall notify the Executive Administrator within five business <br /> days whether it accepts the amended plan. If the City does not accept the amended <br /> plan, the Executive Administrator may terminate this Agreement. Upon successful <br /> completion of the plan to cure the conditions causing the SWO, the City shall <br /> continue work to complete all obligations under this Agreement. <br /> 6.02. TERMINATION. The TWDB may terminate this Agreement in writing at any time. <br /> Upon receipt of a notice of termination, the City shall immediately discontinue all work in <br /> connection with the performance of this Agreement and shall promptly cancel all existing <br /> orders or other financial commitments chargeable to funding provided pursuant to this <br /> Agreement, provided, however, that any costs for Eligible Expenses incurred prior to the <br /> receipt of such written notice by the City shall be payable from the funding provided <br /> pursuant to this Agreement. <br /> Within thirty days of the notice of termination,the City shall submit a statement showing in <br /> detail the work performed, all payments received by the City, and all payments made by or <br /> due from the City to any contractor prior to the date of termination. <br /> TWDB Commitment No.L1000601 <br /> Page 9 of 14 <br />