|
Contract for Use of The City of Durham 2005 COPS Interoperable Communications Technology Grant
<br />between the City of Durham and the Orange County, pages
<br />(c) Performance of Government Functions. Nothing contained in this contract shall be deemed or
<br />construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory,
<br />policing, legislative, governmental, or other powers or functions.
<br />(d) Severability. If any provision of this contract shall be unenforceable, the remainder of this
<br />contract shall be enforceable to the extent permitted by law.
<br />(e) Assignment. Successors and Assigns. Without the City's written consent, the Sub-recipient
<br />shall not assign (which includes to delegate) any of its rights (including the right to payment) or duties that
<br />arise out of this contract. The City Manager may consent to an assignment without action by the City
<br />Council. Unless the City otherwise agrees in writing, the Sub-recipient and all assignees shall be subject to
<br />all of the City's defenses and shall be liable for all of the Sub-recipient's duties that arise out of this contract
<br />and all of the City's claims that arise out of this contract. Without granting the Sub-recipient the right to
<br />assign, it is agreed that the duties of the Sub-recipient that arise out of this contract shall be binding upon it
<br />and its heirs, personal representatives, successors, and assigns.
<br />(f) Compliance with Law. In performing all of the Work, the Sub-recipient shall comply with all
<br />applicable law.
<br />(g) City Policy. THE CITY OPPOSES DISCRIMINATION ON THE BASIS OF RACE AND
<br />SEX AND URGES ALL OF ITS SUB-RECIPIENTS TO PROVIDE A FAIR OPPORTUNITY FOR
<br />MINORITIES AND WOMEN TO PARTICIPATE IN THEIR WORK FORCE AND AS SUBSUB-
<br />RECIPIENTS AND VENDORS UNDER CITY CONTRACTS.
<br />(h) EEO Provisions. During the performance of this Contract the Sub-recipient agrees as follows: (1)
<br />The Sub-recipient shall not discriminate against any employee or applicant for employment because of race,
<br />color, religion, sex, national origin, political affiliation or belief, age, or handicap. The Sub-recipient shall take
<br />affirmative action to insure that applicants aze employed and that employees aze treated equally during
<br />employment, without regazd to race, color, religion, sex, national origin, political affiliation or belief, age, or
<br />handicap. Such action shall include but not be limited to the following: employment, upgrading, demotion,
<br />transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and
<br />selection for training, including apprenticeship. The Sub-recipient shall post in conspicuous places, available
<br />to employees and applicants for employment, notices setting forth these EEO provisions. (2) The Sub-recipient
<br />shall in all solicitations or advertisement for employees placed by or on behalf of the Sub-recipient, state that
<br />all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
<br />national origin, political affiliation or belief, age, or handicap. (3) The Sub-recipient shall send a copy of the
<br />EEO provisions to each labor union or representative of workers with which it has a collective bazgaining
<br />agreement or other contract or understanding. (4) In the event of the Sub-recipient's noncompliance with these
<br />EEO provisions, the City may cancel, terminate, or suspend this contract, in whole or in part, and the City may
<br />declaze the Sub-recipient ineligible for further City contracts. (5) Unless exempted by the City Council of the
<br />City of Durham, the Sub-recipient shall include these EEO provisions in every purchase order for goods to be
<br />used in performing this contract and in every subcontract related to this contract so that these EEO provisions
<br />will be binding upon such subcontractors and vendors.
<br />(i) SDBE. The Sub-recipient shall comply with all applicable provisions of Chapter 26 of the
<br />Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure
<br />of the Sub-recipient to comply with that chapter shall be a material breach of contract which may result in
<br />the rescission or termination of this contract and/or other appropriate remedies in accordance with the
<br />provisions of that chapter, this contract, and State law. The Participation Plan submitted in accordance with
<br />that chapter is binding on the Sub-recipient. Section 26-10(f) of that chapter provides, in part, "If the City
<br />Manager determines that the Sub-recipient has failed to comply with the provisions of the Contract, the City
<br />Manager shall notify the Sub-recipient in writing of the deficiencies. The Sub-recipient shall have 14 days,
<br />or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies."
<br />It is stipulated and agreed that those two quoted sentences apply only to the Sub-recipient's alleged
<br />violations of its obligations under Chapter 26 and not to the Sub-recipient's alleged violations of other
<br />obligations.
<br />(j) No Third Party Rights Created. This contract is intended for the benefit of the City and the
<br />Sub-recipient and not any other person.
<br />(k) Princ~les of Interpretation and Definitions. In this contract, unless the context requires
<br />otherwise: (1) The singular includes the plural and the plural the singular. The pronouns "it" and "its"
<br />include the masculine and feminine. References to statutes or regulations include all statutory or regulatory
<br />
|