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2003-123-RES APPROVING/AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT TEXAS ENGINEERING EXTENSION SERVICES (TEES)
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2003-123-RES APPROVING/AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT TEXAS ENGINEERING EXTENSION SERVICES (TEES)
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8/18/2006 4:28:14 PM
Creation date
9/2/2003 2:54:21 PM
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CITY CLERK
Doc Name
2003
Doc Type
Resolution
CITY CLERK - Date
7/28/2003
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<br />Agreement No.55080 <br /> <br />SECTION 24 - Dispute Resolution <br /> <br />The dispute resolution process provided for in Chapter 2260 of the Texas Government <br />Code shall be used, as further described herein, by TEEX and the Subrecipient to <br />attempt to resolve any claim for breach of contract made by the Subrecipient: <br /> <br />A. A Subrecipient's claim for breach of this Agreement that the parties cannot resolve in <br />the ordinary course of business shall be submitted to the negotiation process <br />provided in Chapter 2260, subchapter B, of the Government Code. To initiate the <br />process, the Subrecipient shall submit written notice, as required by subchapter B, to <br />Arturo Alonzo, TEEX Deputy Director. Said notice shall specifically state that the <br />provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice <br />shall also be given to all other representatives of TEEX and the Subrecipient <br />otherwise entitled to notice under the parties' Agreement. Compliance by the <br />Subrecipient with subchapter B is a condition precedent to the filing of a contested <br />case proceeding under Chapter 2260, subchapter C, of the Government Code. <br /> <br />B. The contested case process provided in Chapter 2260, subchapter C, of the <br />Government Code is the Subrecipient's sole and exclusive process for seeking a <br />remedy for any and all alleged breaches of the Agreement by TEEX if the parties are <br />unable to resolve their disputes under subparagraph (A) of this paragraph. <br /> <br />C. Compliance with the contested case process provided in subchapter C is a condition <br />precedent to seeking consent to sue from the Legislature under Chapter 107 of the <br />Civil Practices and Remedies Code. Neither the execution of this Agreement by <br />TEEX nor any other conduct of any representative of TEEX relating to the <br />Agreement shall be considered a waiver of sovereign immunity to suit. <br /> <br />D. The submission, processing and resolution of the Subrecipient's claim is governed <br />by the published rules adopted by the Office of Attorney General of Texas pursuant <br />to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. <br />These rules are found at 1 T.A.C. Chapter 68. <br /> <br />E. Neither the occurrence of an event nor the pendency of a claim constitutes grounds <br />for the suspension of performance by the Subrecipient, in whole or in part. <br /> <br />F. The designated individual responsible on behalf of TEEX for examining any claim or <br />counterclaim and conducting any negotiations related thereto as required under <br />92260.052 of H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX <br />Deputy Director. <br /> <br />Subrecipient hereby acknowledges that it has read and understands this entire <br />Agreement. All oral or written Agreements between the parties hereto relating to the <br />subject matter of this Agreement that were made prior to the execution of this <br />Agreement have been reduced to writing and are contained herein. Subrecipient <br />agrees to abide by all terms and conditions specified herein and certifies that the <br /> <br />10 <br />
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