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02 Homeland Security Grant
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02 Homeland Security Grant
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Last modified
11/8/2005 11:22:32 AM
Creation date
7/25/2003 9:22:55 PM
Metadata
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Template:
AGENDA
Item Number
2
AGENDA - Type
RESOLUTION
Description
Accept a State Homeland Security Grant Program Grant
AGENDA - Date
7/28/2003
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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 /> §2260.052 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 /> <br /> <br />
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