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<br />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 />General Court of Justice, in Durham County Such actions shall neither be commenced in nor removed to
<br />federal court. Ihis subsection (a) shall not apply to subsequent actions to enforce a judgment entered in
<br />actions heard pursuant to this section
<br />(b) Waiver No action or failure to act by the City shall constitute a waiver of any of its rights or
<br />remedies that arise out of this contract, nor shall such action or failure to act constitute approval of or
<br />acquiescence in a breach thereunder, except as may be specifically agreed in writing
<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 writtembbitsent, 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 assignmgritFPithout action by the City
<br />Council Unless the City otherwise agrees in writing, the Sub- recipie41iind`:, -X ssignees shall be subject to
<br />all of the City's defenses and shall be liable for all of the Sub- recipientt a duties #fiat arise out of'titis contract
<br />and all of the City's claims that arise out of this contract Withcjd :graating the Sub -4. ecipient the right to
<br />assign, it is agreed that the duties of the Sub - recipient that arise out of this contract SiAl be binding upon it
<br />and its heirs, personal representatives, successors, and assios.. "E ;2 .
<br />(f) Compliance with Law. In performing all ditfie:;Work, the ?$ub - recipient shall cdjnply with all
<br />applicable law
<br />(g) City Policy, IHE CITY OPPOSES DISCRIMIN 1,1634 ON THE BASIS OF RACE AND
<br />SEXANDURGESALLOF ITS SUB- RECIPIENISIOPROvib AFAiROPPORitiNIIYFOR.
<br />MINORITIES AND WOMEN IO PARTICIPAT -RIN IHEIR WORK.-FORCE AND AS SUBSUB-
<br />RECIPIENIS AND VENDORS UNDER CII�CQiJTRACIS..
<br />(h) EEO Provisions During the perforniapcc Wtliis contract the Sit. cipient agrees as follows: (1)
<br />The Sub - recipient shall not discriminate against any i mployee'oz appjiganj; f'o'r employment because of race,
<br />color, religion, sex, national origin
<br />,,golitical affiliatioii.,orliiief• age'ox;liandicap. the Sub - recipient shall take
<br />affirmative action to insure that :appiicaats are cmployed. and that employees are treated equally during
<br />employment, without regard, to race, color, religion, sex; national origin, political affiliation or belief, age, or
<br />handicap. Such actionsli¢ll include buf riot be limited to the following: employment, upgrading, demotion,
<br />transfer, recruitment or adveitising, laypf .m. termination, rates of pay or other forms of compensation, and
<br />selection for training, .including apprentices p �..... b- ri:cipient stall post inconspicuous places, available
<br />to employees and, apPIictixrts.for etnp.Iayment, no&g:s 9efdng forth these EEO provisions (2) the Sub - recipient
<br />shall in all sbllcitations'''6i:advectisement for employees placed by or on behalf of the Sub - recipient, state that
<br />all qualified applicants will rei �eive conside'rstion--for employment without regard to race, color, religion, sex,
<br />national ozsgin, political affiliatioiior beliefage, or handicap. (3) the Sub - recipient shall send a copy of the
<br />EEO provisi4b' to each labor unioq.or representative of workers with which it has a collective bargaining
<br />agreement or otljet;.contract or undeFStanding (4) In the event of the Sub - recipient's noncompliance with these
<br />EEO provisions,t &eGity may cancel, terminate, or suspend this contract, in whole or in part, and the City may
<br />declare the Sub- recipievt:ineligi}jle for further City contracts. (5) Unless exempted by the City CouncIl of the
<br />City of Dwhazrt, the Sub= e0ipfent shall include these EEO provisions in every purchase order for goods to be
<br />used in performing this contiaet and in every subcontract related to this contract so that these EEO provisions
<br />will be binding upon such subcontractors and vendors
<br />(f) 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 cue 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
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