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Res 2003-127
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Res 2003-127
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Last modified
11/14/2003 2:51:53 PM
Creation date
11/10/2003 11:37:24 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-127
Date
8/11/2003
Volume Book
153
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PSAP04:Cities:5/03 <br /> <br /> 8.4. CAPCO 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. CAPCO 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. CAPCO agrees to notify Public Agency at least 24 hours in advance of any intended <br />inspection visit under this Art. 8. Upon receipt of CAPCO's notice, Public Agency agrees to <br />notify the appropriate department(s) specified in the notice. <br /> <br /> 8.6. 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 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 CAPCO's affirmative action procurement policy, <br />which is set out in CAPCO's 9-1-1 Policies and Procedures Manual. <br /> <br />Art. 10. 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 of the 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 of termination, and this contract terminates five business days <br />after the receipt of notice. <br /> <br /> 10.2. Except as provided in paragraphs 3.3 and 3.4, if CAPCO or Public Agency <br />breaches a material provision of this contract, the other may notify the breaching party <br />describing the breach and demanding corrective action. The breaching party has five business <br />days from its receipt of the notice to correct the breach, or to begin and continue with reasonable <br />diligence and in good faith to correct the breach. If the breach cannot be corrected within a <br />reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, <br />the parties may agree to terminate the contract or either party may invoke the dispute resolution <br />process of Art. 11. <br /> <br />4 <br /> <br /> <br />
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