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<br />PSAP05:Cities:5/04 <br /> <br />8.5. CAPCO 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 />Art. 6. CAPCO will provide Public Agency a written monitoring report within 30 calendar days <br />of the visit. The report will describe any compliance issues and schedule a follow-up visit if <br />necessary. <br /> <br />8.6. CAPCO agrees to notify Public Agency at least 24 hours in advance of any intended <br />visit under this Art. 8. Upon receipt of CAP CO's notice, Public Agency agrees to notify the <br />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 CAPCO. <br /> <br />Art. 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 ofrace, 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 CAPCO's affirmative action procurement policy, <br />which is set out in CAPCO's 9-1-1 Policies and Procedures Manual. <br /> <br />Art. to. Suspension and Early Termination of Contract <br /> <br />10.1. Public Agency acknowledges that CAPCO's sole source of funding for this contract <br />is a legislative appropriation distributed under contract between CAPCO and the Texas <br />Commission on State Emergency Communications. If the Commission does not make timely <br />payments to CAPCO under its contract, CAPCO may suspend payment to Public Agency under <br />this contract by giving Public Agency notice of the suspension. The suspension is effective five <br />business days after Public Agency's receipt oftþe notice. Upon suspension of payment, Public <br />Agency's obligations under this contract are also suspended until CAPCO resumes payment. If <br />the suspension continues for a cumulative total of 30 or more calendar days, or if the <br />Commission terminates its contract with CAPCO, CAPCO or Public Agency may terminate this <br />contract by giving the other notice oftermination, and this contract terminates five business days <br />after the receipt of notice. <br /> <br />10.2. Except as provided in Arts. 3.3 and 3.4, if CAPCO or Public Agency breaches a <br />material provision of this contract, the other may notify the breaching party describing the breach <br />and demanding corrective action. The breaching party has five business days ftom its receipt of <br />the notice to correct the breach, or to begin and continue with reasonable diligence and in good <br />faith to correct the breach. lfthe breach cannot be corrected within a reasonable time, despite <br />the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to <br />terminate the contract or either party may invoke the dispute resolution process of Art. 11. <br /> <br />4 <br />