04-B Health Contract A-2006 - Laserfiche WebLink

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" w . , - -- PERFORMING AGENCY'S notice shall contain the following: (1) a copy of the letter from RECEIVING AGENCY notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the basis for the dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an identification of the issue or issues to be resolved; (5) a precise statement of the relevant facts; (6) any documentation in support of PERFORMING AGENCY'S position; and (7) a statement and authorities in support of PERFORMING AGENCY'S position. . Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the following documents: (1) signature on delivery card; (2) confirmation of a facsimile to the correct telephone number; or (3) signed acknowledgment of delivery. RECEIVING AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the dispute is not resolved, RECENING AGENCY'S representative will notify PERFORMING AGENCY in . writing. RECENING AGENCY will appoint a reviewer(s), who wilt review the infonnation, who may permit or require additional information and who may grant, deny, or modify all relief requested in the written notice of dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable means. The decision of the reviewer(s) is final and is the final action ofRECENING AGENCY for purposes of further proceedings. A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article unless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article to give effect to both. ARTICLE 26. Breach of Contract Claim The process for a breach of contract claim provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC §§ 1.431-1.447 shall be used by RECEIVING AGENCY and PERFORMING AGENCY to attempt to resolve any claim for breach of contract made by PERFORMING AGENCY. (This proèess is not applicable for governmental entities.) A. PERFORMING AGENCY'S claims for breach of this contract that the parties can not resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, Texas Government Code. To initiate the process, PERFORMING AGENCY shall submit written notice, as required by subchapter B, to RECEIVING AGENCY'S Office of General CoWlse1. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of RECENING AGENCY and PERFORMING AGENCY otherwise entitled to notice tmder this contract. Compliance by PERFORMING AGENCY with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, Texas Government Code. B. The contested case process provided in Chapter 2260, subchapter C, Texas Government Code is PERFORMING AGENCY'S sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by RECENING AGENCY if the parties are unable to resolve their disputes under subparagraph A. of this paragraph. . C. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature Wlder Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by RECENING AGENCY nor any other conduct of any {Fee-for-Service} T GENERAL PROVISIONS 612004 Page 17 I