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2006-005-RES-911 SERV.
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2006-005-RES-911 SERV.
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Last modified
8/18/2006 4:26:42 PM
Creation date
1/18/2006 4:44:15 PM
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CITY CLERK
Doc Name
2006-005-RES
Doc Type
Resolution
CITY CLERK - Date
1/9/2006
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<br />Art. 12. Use of Answering Points <br /> <br />12.1 The RPC shall comply with the minimum standards and guidelines established by <br />Commission Rule 251.1, Regional Strategic Plans for 9-1-1 Service, for the use of <br />answering points and the creation of new answering points in accordance with <br />Texas Health & Safety Code Section 771.078. <br /> <br />Art. 13. Dispute Resolution <br /> <br />13.1 The dispute resolution process provided for in Chapter 2260, Subsection F, Title <br />10, of the Texas Government Code must be used by the Commission and the RPC <br />to attempt to resolve all disputes arising under this Contract. Disputes include, but <br />are not limited to, disagreement between the parties about the meaning or <br />application of the RPC's proposed or approved strategic plan, the applicable law or <br />policy, or this Contract. . <br /> <br />13.2 The parties desire to resolve disputes without litigation. Accordingly, if a dispute <br />arises, the parties agree to attempt in good faith to resolve the dispute between <br />themselves. To this end, the parties agree not to sue one another, except to <br />enforce compliance with this Art. 13, until they have exhausted the procedures set <br />out in this Art. 13. <br /> <br />13.3 At the written request of either party, each party shall appoint one non-lawyer <br />representative to negotiate informally and in good faith to resolve any dispute <br />arising between the parties. Notwithstanding Section 2260.052(b) of the Texas <br />Government Code, the parties agree to appoint their representatives and hold the <br />first negotiating meeting within 15 calendar days of receipt of the request. The <br />representatives appointed shall determine the location, format, frequency, and <br />duration of the negotiations. <br /> <br />13.4 If the representatives cannot resolve the dispute within 30 calendar days after the <br />first negotiation meeting, the parties agree to submit the dispute to mediation by an <br />administrative law judge employed by the State Office of Administrate Hearings <br />(SOAH), as authorized by Chapter 2009 of the Texas Government Code. <br /> <br />13.5 Within 45 calendar days after the effective date of this Contract, the Commission <br />agrees to contract with SOAH to mediate any future disputes between the parties <br />described in Article 13.1. Each party agrees to pay one-half the total fee and <br />expenses SOAH charges for conducting a mediation, and the Commission agrees <br />that the RPC's share of the total is an allowable cost reimbursable to the RPC <br />under this Contract. <br /> <br />13.6 The parties agree to continue performing their duties under this Contract, which are <br />unaffected by the dispute, during the negotiation and mediation process. <br /> <br />CSEC <br /> <br />FY 2006-2007 Contract for 9-1-1 Service <br /> <br />page 9 0'11 <br />
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