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DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759
<br />Attachment C
<br />GLO Contract No. 22-119-004-D374
<br />Page 2 of 9
<br />maintain records and make them available to the GLO as evidence of Subrecipient's
<br />compliance with the required controls.
<br />9. Subrecipient represents and warrants that it has not given, offered to give, nor intends to
<br />give at any time hereafter any economic opportunity, future employment, gift, loan,
<br />gratuity, special discount, trip, favor, or service to a public servant in connection with the
<br />Contract.
<br />10. Subrecipient agrees that any payments due under the Contract shall be applied towards any
<br />debt or delinquency that is owed by Subrecipient to the State of Texas.
<br />11. Upon request of the GLO, Subrecipient shall provide copies of its most recent business
<br />continuity and disaster recovery plans.
<br />12. If the Contract is for consulting services governed by Texas Government Code Chapter 2254,
<br />Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating
<br />to consulting services, Subrecipient certifies that it does not employ an individual who has
<br />been employed by the GLO or another agency at any time during the two years preceding the
<br />Subrecipient's submission of its offer to provide consulting services to the GLO or, in the
<br />alternative Subrecipient, in its offer to provide consulting services to the GLO, disclosed the
<br />following: (i) the nature of the previous employment with the GLO or other state agency; (ii)
<br />the date the employment was terminated; and (iii) the annual rate of compensation for the
<br />employment at the time of its termination. *
<br />13. If the Contract is not for architecture, engineering, or construction services, then except as
<br />otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute
<br />resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to
<br />resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE
<br />CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF
<br />APPLICABLE, OF GOVERNMENTAL IMMUNITY BY SUBRECIPIENT.
<br />14. If the Contract is for architecture, engineering, or construction services, then subject to Texas
<br />Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter
<br />114, and except as otherwise provided by statute, rule, or regulation, Subrecipient shall use
<br />the dispute resolution process provided for in Chapter 2260 of the Texas Government Code
<br />to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by
<br />statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code,
<br />Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and
<br />Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute
<br />resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION
<br />SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO
<br />OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY SUBRECIPIENT.
<br />a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012
<br />and any other statute or applicable law, if Subrecipient's claim for breach of contract
<br />cannot be resolved by the Parties in the ordinary course of business, Subrecipient may
<br />make a claim against the GLO for breach of contract and the GLO may assert a
<br />counterclaim against Subrecipient as is contemplated by Texas Government Code,
<br />Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to
<br />the GLO of a claim for breach of the Contract not later than the 180th day after the date
<br />* This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251.
<br />Rev. 12/9/2021
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