2003-165-RES APPROVING/AUTHORIZATION OF PURCHASE OF 911 SERVICE AND PSAP EQUIPMENT BETWEEN COP AND ARK-TEX COUNCIL OF GOVERNMENTS

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CSEC FY 2004/2005 Contract ror 9-1-1 SeNices page 10 11.2.3 11.2.4 Total Wireline calls answered per month Total Wireless 9-1-1 calls answered per month Art. 12. Use of Answering Points 12.1 The RPC shall comply with the minimum standards and guidelines established by Commission Rule 251.1, Regional Strategic Plans for 9-1-1 Service, for the use of answering points and the creation of new answering points in accordance with Texas Health & Safety Code Section 771.078. Art. 13. Dispute Resolution 13.1 The dispute resolution process provided for in Chapter 2260, Subsection F, Title 10, of the Texas Government Code must be used by the Commission and the RPC to attempt to resolve all disputes arising under this Contract. Disputes include, but are not limited to, disagreement between the parties about the meaning or application of the RPC's proposed or approved strategic plan, the applicable law or policy, or this Contract. 13.2 The parties desire to resolve disputes without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Art. 13, until they have exhausted the procedures set out in this Art. 13. 13.3 At the written request of either party, each party shall appoint one non-lawyer representative to negotiate informally and in good faith to resolve any dispute arising between the parties. Notwithstanding Section 2230.052(b) of the Texas Government Code, the parties agree to appoint their representatives and hold the first negotiating meeting within 15 calendar days of receipt of the request. The representatives appointed shall determine toe location, format, frequency, and duration of the negotiations. 13.4 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to submit the dispute to mediation by an administrative law judge employed by the State Office of Administrate Hearings (SOAH), as authorized by Chapter 2009 of the Texas Government Code law. 13.5 Within 45 calendar days after the effective date of this Contract, the Commission agrees to contract with SOAH to mediate any future disputes between the parties described in Article 13.1. Each party agrees to pay one-half the total fee and expenses SOAH charges for conducting a mediation, and the Commission agrees that the RPC's share of the total is an allowable cost reimbursable to the RPC under this Contract.