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Res 2008-085
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Res 2008-085
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Last modified
10/14/2008 3:41:01 PM
Creation date
6/24/2008 10:38:17 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Grant Application
Number
2008-85
Date
6/17/2008
Volume Book
176
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Article 18: Dispute Resolution <br />(a). The parties desire to resolve disputes arising under this Contract without litigation. <br />Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the <br />dispute between themselves. To this end, the parties agree not to sue one another, except <br />to enforce compliance with this Article 18, until they have exhausted the procedures set out <br />in these subsections. <br />(b). 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 arising under <br />this Contract. The representatives appointed shall determine the location, format, <br />frequency, and duration of the negotiations. <br />(c). If the representatives cannot resolve the dispute within 30 calendar days after the first <br />negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center <br />of Austin for mediation in accordance with the Center's mediation procedures by a single <br />mediator assigned by the Center. Each party shall pay half the cost of the Center's <br />mediation services. <br />(d). 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 />Article 19: Oral and Written Contracts <br />All oral or written agreements between the parties hereto relating to the subject matter of this <br />Contract which were developed and executed prior to the execution of this Contract have been <br />reduced to writing and are contained herein. <br />Article 20: Nondiscrimination and Equal Opportunity <br />(a). Subsection (b) summarizes the nondiscrimination requirements applicable to <br />SUBCONTRACTOR's performance under this Contract that are set out in detail in title 41, <br />chapter 60, and title 28, parts 35 and 36, Code of Federal Regulations. The <br />SUBCONTRACTOR agrees to comply with the detailed requirements. <br />(b). SUBCONTRACTOR shall not exclude anyone from participating under this Contract, deny <br />anyone benefits under this Contract, or otherwise unlawfully discriminate against anyone in <br />carrying out this Contract because of race, color, religion, sex, age, disability, handicap, or <br />national origin. <br />Article 21: Utilization of Small, Minority, and Women's Business Enterprises <br />(a). A Historically Underutilized Business (HUB) is a Corporation, Sole Proprietorship, <br />Partnership, or Joint Venture in which as least 51 percent is owned, operated, controlled <br />and actively managed by a person or persons who are historically underutilized (socially <br />disadvantaged) because of their identification with members of certain groups, including <br />CAPCOG FY2009 Solid Waste Interlocal Contract 32
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