Common use of Continuing Relationship Clause in Contracts

Continuing Relationship. 8 a) The parties acknowledge their longstanding history of successful Meet & Confer 9 negotiations and their joint efforts to continue to build on the framework of each previous 10 agreement. This AGREEMENT is the product of that relationship and negotiation history. This 11 includes agreements on the issues which may require a contractual modification of existing civil 12 service law (access to the 143.089(g) file, and release of defined reports from Independent 13 Investigations and the CRP), agreements to outline the broad concepts of citizen oversight, and 14 agreements which clarify rights which exist with or without the AGREEMENT. Other aspects 15 of the CITY’s implementation of citizen oversight are its prerogatives under Texas law and the 16 City Charter, and do not require contractual provisions. Both parties recognize that without the 17 continued ability of the CITY to carry out citizen oversight, this agreement would not have been 18 reached, either as to the economic issues or the additional provisions for the procedural 19 protections of Officer’s rights. 21 b) In the event of any court order, judgment, Texas Attorney General’s opinion or 22 arbitration decision brought or caused by Officers or the APA which substantially impairs 23 oversight access to the 143.089(g) file, prevents release of the defined portions of reports of 24 Independent Investigation and the CRP, invalidates the 180 tolling provision in Article 16, or 25 impairs the CITY’s right to expedited arbitration as contemplated herein, the CITY may reopen 26 negotiations to resolve and correct the issue or provide an alternate resolution. If a negotiated 27 resolution of the issue is not achieved, the CITY may terminate this AGREEMENT after ninety 28 (90) days written notice, and the parties may resume negotiations toward a successor agreement 29 under the provisions Section 143.301 et.seq., of the Texas Local Government Code. 30 31 c) In the event of any court order, judgment, Texas Attorney General’s opinion or 32 arbitration decision brought or caused by the City of Austin or other party with standing under 33 this AGREEMENT substantially impairs the provisions of Article 17 pertaining to Officer’s 34 rights, or which would allow full access to investigative evidence of Officer misconduct in the 35 absence of a disciplinary decision imposed by the Chief, the APA may reopen negotiations to 36 resolve and correct the issue or provide an alternate resolution. If a negotiated resolution of the 37 issue is not achieved, the CITY may terminate this AGREEMENT after ninety (90) days written 38 notice, and the parties may resume negotiations toward a successor agreement under the 39 provisions Section 143.301 et.seq., of the Texas Local Government Code. 40