DEPARTMENT OF STATE Hf,ALTII SEITVICES

Amendrnent
To Substance Abuse Services Contract

The Department of State Health Services (DSHS) and TEXAS A & M UNIVERSITy_ (Contractor) agree
ro
iunend the Progrant Atlachment #001(Program Attachmenr)to Contracr # 2008-023S10 (Contracr) in
accordance with this Amendment No. 00lA: Survey - Treatment, effective O+tA;2005 .

The purpose o1-this Ame'ttcltnetrt is to reduce the percentagc o1'funcls allocatecl to the Subslance Abusc program
I)evelopment funding source nunrber 93.959. and to include the percentage of funds allocated to the l'exas
State
lncentive Prevention Framework tlnding source number 93.243.as inclicated in Secrio' X. Funding.
No
increase in funding.

Therefore, DSHS and Contractor agree as follows:

SECTION Ix.PROGRAM STRATEGIES is revised ro read as fbllorvs:

The following strategies are approved and must be maintained through this Conlract:

Progranr
-Psrccrracc-elru!4t
Subs Abuse-Pgnrr Dev 85%
TX St lncntive-Strat Prev Frarn t5%

Except as provided in this Amendtnent. all provisions of the Contract remain in full lbrce
and cfl'ect. ln the
event ol'a conflict between the terms ol the Contract and the terms o1'this Amendment, this
Amendnrcnt
shall control.

Department of Slate Health Serviccs Contraclor

Signature of Authorized Olficial

,4-iz4-
0a 'fgrtii,rr. ui-auttl*ir-t,t Ol'l-"'.1-- - U+'"
/
Dare: May 12 , 2008

Bob Bumeue, C.P.M., CTPM Nante: James A. Calvln

Director, Client Serviccs Contracting Unit Title: Interim Vlce president for Research
r r00 WEST 49'tlt sTIrE[T Addrcss: 1260 TAI.{U
AUS'I'IN,I'EXAS 78756
College Station TX 77843-1260
(512) 4s8-'7470

Bob. Burnctte@dshs.stare.tx.us
Phonr- : _- :t!lq_
* -(ef-e_)_.932 _
l:nrai I : ___gyef:l|sle t amu. edu
l)age - I ol-3
 DEPARTMENT OF STATE HEALTH SERVICES

This contract, number 2008-023810 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Departrnent), an agency of the State of Texas. and
TEXAS A&M UNIVERSITY (Contractor), a Government Entitv, (collectively, the Parties).

l. Puroose of the Contract, DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachrnents.

2. Total Amount of the Contract and Payment Method(s). The total amounr of this Contracr
is $352.179.00. and the payment method(s) shall be as specified in the Program Artachmenrs,

3. Fundine Oblieation. This Contract is contingent upon the conrinued availability of funding.
If funds become unavailable through lack of appropriations, buclget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act.
health and human services agency consolidation, or any other disruptions of cunentappropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under-this C-ontract.

4. Term of the Contract. This Contract begins on 09/01/2007 and ends on0813112008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each program
Attachment. DSHS is not responsible for payment under this Conrract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.

5. Authoritv. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.

6, Documents Forming contract. The contract consists of the following:

a. Core Contract (this docurnent)

b. Program Attachments:
2008-0238 l0-001 Survey - Treatmenr

c. General Provisions (Vendor)

d. Solicitation Documenr(s). NOT APPLICABLE
e. Contractor's response(s) to the Solicitarion Documenr(s). NOT APPLICABLE
f. Exhibits - NOT APPLICABLE

Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Conrractor and incorporated herein.
7. Conflictine Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Progranr Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.

8. Pavee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:

Name: TEXAS A& M UNIVERSITY

Address: CONTRACT ADMINISTRATION MAIL STOP 1260
COLLECE STATION, TX 77 843-1260
Vendor Identification Number: 31 ll'71 l7l l l0l6

9. Entire Asreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.

[The remainder of this oase intentionallv left blank]

 _--*.\

By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authorityio execute
this Contract on behalf of the named party.

DEPARTMENT OF STATE HEAL RVICES TEXAS A&M

By,S
Signature of Authorized Official Sig9ffure"
'
to/aa - October 15. 2007
Date Date
James A. Calvin
Bob Burnette, C.P.M., CTPM Interim Vice President for Research
Printed Name and Title

Director, Client Services Contracting Unit I25O TAMU

Address

I IOO WEST 49TH STREET Colleee Slat.ion, TX 77843-1260

AUSTIN, TEXAS 78756 City, State, Zip

(st2) 4s8-7470 979-862-64sA

Telephone Number

Bob.Burnette @dshs.state.tx.us
E-mail Address for Official Correspondence
 TEXAS DEPARTMENT OF STATE HEALTH SERVICES

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE

AGREEMENTS

The undenigned certifies. to the best of his or her knou'ledge and belief thar:

(l) No fcderal appropriated funds have been paid or will bc paid, by or on behall'of rhe undersigned,
to
any perso[ for influencing or artempting to influence an oflicer or an employee of
any agency, a
rnember of Congress' an olficer or employee of Congress, or an enrployee
of a nrcmber of bongrers in
conneclion with the awarding of any federal contract. the maklng of any ferterat grant.
the making ol
any federal loan, the entering into of rny cooperative agreement, and the extension,
continuation,
renewal, amendnrent' or ntodification oflny f'eclerrl contrait, grant, loan. or cooperative
agreernenr.

(2) lf any funds other than federal appropriatetl lunds have been paid or will be paid ro any person for
inlluencing or attenrpring to influence an ofllcer or employee ofuny ag.n"y, a menrber
ofcong."rs.
an officer or employee of Congress, or an employee of a member oicJngr.r,
in connection with this
federal contract, grant. loao. or cooperative agreemenr, the undersigneishail compteie
and submir
Standard Form LLL. "Disclosure Fornr to Repoit Lobbying." in accorJance with its in.structions.

(3) The undersigned shall require that the language of rhis cerrification be included in rhe
award
documents for all subawards at all tien (including subcontracrs, subgrants, and
contracls under grants,
loans and cooperltive agreenren(s) ancl that all subrecipienrs shull ceiify and
disclose according[.

This cenification is a material representation of fact upon which reliance was placed
when this transacrion
was made or entered into. Subnrission of this certification is a prerequisite
for'making or entcring inro this
transaction imposed by Section I352, Title 31, U.S. Code. Any person who fails-to
file the"requireJ
certification shall be subject to a civil penalty ofnot less rhar $l0,do0 and nor more
than $100,000 foreach
such failure.

rQqrober 15, Z0O7

Date

Jame.s A. Calvin
Priru Nanre of Authorized Individual

2008-0238 I 0
Application or Conrracr Nunrber

Texas A&NI Llniversity

Organization Nanre

CSCU # EF29-l?374 - Revised 08.10.07

 CONTRACT NO.2008_0238 I 0
PROGRAM ATIACHMENT NO. OOI
PURCHASE ORDER NO. OO(N33I57 I

CONTRACTOR: TEXA.S A&M UNIVERSITY

DSHS PROGRAM: Survey - Treatment (SA/SUR)

TERM: Og/Ot I2UU THRU: 08/3 I /2008

SECTION I. STATEMENT OF WORK:

Contracttlr' under the direction ol the DSHS Program project manager, shall adnrinister the
Texas Schtxrl
Survey of Substance Use, a stalewirJe survey of drug and alcohol ur. urnng Texas
elenrentarv (grades 4-6)
and secondary (grades 7- I 2) stutlents (Survey).

Contractor shall conduct the Survey in the winter and spring of 2fi)8 and provide comparative
clata for the
participating independent school districts. In addition, coniractor shall conduct
an assessment of students
living in 28 counties located along the Texas-Mexico border (Special Study Area)
concurrent wirh the .Survey.
The counties in the Special Study area are Brewster, Brooks. Cameron, Culberson,
Dimmitt, Duval, Edwards,
El Paso, Hidalgo' Hudspeth, Jeff Davis, Jim Hogg, Jirn Wells, Kenedy, Kinney, La Salle,
Mayerick, pecos,
Presidio, Reeves' Starr' Terrell, Uvalde, Val Verde, webb, willacy, iuputu,
and Zavala. Further, the Survey
shall be conducted so that estimates ofthe prevalence ofdrug and alcohol
use can be made for at least the
following eight Health and Human Services Commission (HASQ state planning regions:
Regions I & 2, -1, 4
& 5,6,7,8,9 & l0. and l t.

The activities to be performed by the Contractor under this Prograrn Attachment

ctetailecl in the Tasks
below are collectively referred to as the Project. The Project sh-all include
Survey instrument
developnlent, santple design, and u.se of incentives; Survey implernentation,
data scanning ancl
processing; and data analysis ancl reporting of Survey r.*ults.

All activities in this Project musl be coordinated with the recruitment of schools and
students for rhe Teras
Youth robacco Survey (YTS). The work on the YTS u'ill be done under
a dif'lerent program Artachment
between DSHS and the Contractor.

Contractor shall pe rfbrrn the lollowing activities (Tasks):

Task l' Prepare Progress Reports. Contractor shall provi<Ie rnonthly written progress repor.ts. T6ese
reports shall sumntarize Pro-iect activities front the prcvious monrh.
discuss Project icrivirie.s planpecl lirr the
next month. and corrrnunicate any issues or problems that need to be acldressed.

Task 2' Modifl' and Produce Instrunrent and other l!{aterials. contractor, as neccssartr, rlr as requested
by
DSHS. shall nrodif y the Sun'ey instrurnent, which shall be in a flormar
designed tirr rn-ofii.1ot'r.rn.
Contractor shall pruluce two versions. one forelernentary stuclents in grades
lirur through six. and one for
secontlary students in gracles seven lhrough twelve. Coniractor shall
tirnslate the chang-es intg Spauish an4
modify the Spanish versiolt of the instrurnent. once the changes havc been
finalizetl, Cgnrractor shall select a
veudor forprinting thc Survey ittstruttrent and shall ensure that a sulficient
number()l'copies of the insrrurnent
are printed.
Conlractorshall rrrtditv' print and nrail the recruitment brochure tothe schcxll disrrict
as part ol'recruitrnc,nr
for participatiorl in tht' Sun'e,'. Contractor shall prepale rnaterials that are part
of the impicmeptation
PROGRAIvI ATTACHMENT - PAGE SUR/SPF I
 (instructions. etc). Contractor shall modify ancl maintain the Project website to provide infornution
that
supplements the information contained in the recruiting brochure. Contractor shall al.so participate in regional
and other meetings with the object of encouraging statewide recruiting. These meetingr *"y involve scho'l
distlicts. regional education centers, local drug and alcohol intervention personnel as well as others interested
in the data being collected in this Survey. The meetings may involve making people aware of the Survey,
reporting on findings tiom the Survey, and encouraging districts to participaie in ihe Survey. These rneetings
may be scheduled conferences or other gatherings ofrelevant pcrsonnel.

In acctlrdance with iederal requiremetrts for DSHS, the Contracror shall bc responsiblc trlr ensuring any
research involving human subjects related to the activities in this Program Attachment is reviewed anil
approved hy the DSHS Instituti<lnal Review Boarcl and the Contractor's lnsritutional Review Board.
ctrntractol shall subrnit finalized materials, basecl on prelirninary submissions made in July 2fi)7, ro the IRRs
bySeptember30'2007- TheContractorshallberesponsibleforinvestigaringanyallegationsofscientific
misconduct against its own regular or contract employees.

'Task 3. Sample Design. Contractor shall ensure the sampling merhodology involves a rnultistage
cluster approach sintilar to that used in past statewide assessments. except that Contractor shall
*oaify
the sample so that it is stratified into the eleven HHSC state planning regions. Contractor shall
over-
sample the Special Study Area to allow separate estimates of the prevalence of drug
and alcohol use fgr
the border.

Contractor shall sarnple approximately 220 school districts in 2008 to be inclucled in the Survey.
Contractor shall collect data for the statewide analy.ses from appr<lxinrarely 350,000 elemenrary
a1d
secondary students' Contractor shall complete the sample design by Seprernbe r
3O,2ff)j .

Task 4. Recruit School Districts and Survey Administration. contractor shall recruit
school districts
selected to be a part of the sample beginning in early September 2007. Contracror
shall notify each randomly
selected district in the sample by a letter advising that the clistrict has been selected.
and that Contractor will
be sending a recruitment brochure, which provides the derails of the Survey
ancl the rerms of the oft-er. The
letter shall also indicate the location of a website containing the same information
as the brochure. Where
possible' Contractor shall send e-mails to the appropriate school contacts in
addition to mailed letters.
Contractor shall mail the target-audience brochure to each of these districts. Contracror
shall follow-up wirh
phone contacts to the districts to clarify the study objectives ancl to
discuss in detail how the Survey should tre
administered. contractor shall nrake coutacts with all samplecl districts early in the
ttrll Qf 2oo7 ro allow for
the resolurion of scheduling conflicrs and other porential difficulties.

Cttntractor shall provide incentives to the school districts lbr their pafticipation in
the Survey. Incentives shall
include giving the participating school districts lcrcal level Surveys and reports ar no
charge to rhenl.
Contractor shall provide to the districts additional copies of repoils or data disks as
needed ar rhe following
cost to the clistrict: bound or unbound report: $15 per copy lirr Part I
IDistricr Reportl er part Il [Starewide
Report l' $-5 pel copy ibr Pan III [Executive .Sunrmary], $30 fbL o .opy of all
three reports (parts I. II, and lll):
campus level assessnrerrt: $100 perelenrentary carnpus, $200 peruecondary
campus: tlistr.ict data on clisk: $50
Ino charge fbr translbrring data electlonicallyl: and supplerrental questioni; $ l0 per tlrresti6n.

Contractor sltall ensure that all schotll districts prrticiparing in the Survey shall
receive their Sur-vey nraterials
beginning in trritl-Decernber 2007. Contractor shall ensurelhat survey arJnrinistration
takes place begipning ilr
early January l00ll. (-'ontractor shall produce a Survey Aclminisrrarioir Guide (Guide),
whicli i'structs school
personne I otr a tttltttber of
issues. suclt as the irnportance of renraining unobtrusive during
Survcy
administration antl of rcspecting the confidentiality tll a stu(lent,s onrl*,.r*.

The Guide shall also contain answers to questions that rnighr potentially be asked by srutlenrs
ancl schoql
personnel, ancl a script to be read cluring adnrinistration olthc Survey that ensures
that a standard set of
PROGRAM ATTACHMENT _ PAGE SUR/SPF ]
 instructions is given to all students. Contractor shall ensure that each individual conducting the
Survey
receives a copy of the Guide.

Contractor's staff shall be available forphr:neconsultation with school personnel involved

in rhe Survey at all
times from recruitment through the district's receipt of linal reports. Contractor's duty tu
consulr with school
districts concerning Survey results shall survive the expiration of this Progranr Attachment.
If C.ntractor.s
personnel travels to school districts to discuss the Survey in person. Contractor
shall actvise the district that the
district lnust assutne associated costs. Contractor shallensure that Survey adrninistratian is c<lmpletetl
by the
end of May 2fi)8.

Task 5. Data Scanning and Processing. Contractor. upon receipt of the corrrpleted Surveys
l-ropr the
individual schtxrl districts, shall pr(rcess the data in the sarne ronn.1 thar has evolved over the
c.urse of
the Project. Contractor shall code these returned materials by disrrict ancl by campus.
cut the nrarerials
ttla fbrm conducive to the optical scan process. ancl scan the nraterials. Coniractorlshall
perlirrm careful
record keeping and conduc( random checks to ensure that all materials are propc-rly
hapdlecl and
processed.

C'onlractor shall tabulate and process district data based upon the date that Contractor
recei'es the material
lunless special circumstances are being accomlnodated). However, Contractor shallgive priority
to districts
that are part of the statewide sample randonrly lor the survey, so that Contra-ct<rmuy uggr.gor",
fl:gt.d
check antl submit these important data sets lbr DSHS approval at the earliest possitrle
tirne.

Task 6' Prepare and Deliver Methodological Report. contracror shall prepare
a cgmplete finul written
rernrt detailing the urethodology of the Survey, u,hich shall inclucle the foliowing:

r Cornplete sarnple disposition for the Survey:

r Description of the procedures hrllowed in sampling and in the conducting
of the Survey;
r Descriptiorr of the computation of the santple weights;
r Description of the standard error computation inclucling intilrmation
needecl fbr using Statistical
Analysis System (SAS) to esrimare the sarnpling error;
. Description of quality control measures;
. A tull copy of the Survey insrrument: ancl
r Any additinnal rnaterial needed to completely cl'cument the Survey.

Task 7' Prepare and Deliver Final Datasets and Statewide and Regional Reports. During the
Fall of
2008' Contractor shall make a thorough evaluation of all existing compurer
programs to be used lirr the
Project' As part (rf this extensive assessntent, Contrirctor shall riodifythose procedures
that rely on older
technologies to inlprove data storage, extraction and transforrnation tir increu..e
efficiency and the level of
automittion, and to ensure that data storage, extraction and transtbrmation
will be techn,-,logically supglrtable
in the future.

Irr addition' in order to ease the ditTiculties assrrciated with

linking difl'erenr data sources togetler, Contracror
shall aggregatc all of the Pro.iect clata currently tlistributecl arrrongirrultiple
rnachines, direcror.ies and files into
Contractor's tterv central database system. Contractor shall further ,.,',,,nit.rr,irll
aspects of prograr'lning
prok)cols ro ensure the accuracy 0f all cornputer-generatecl 0utputs.

Contractor shall continue (() use rhe SA.S software as it provides maxirnurr
cornpatibility between DSHS and
Clontlactor conlputer operations. Contractor shall use the newest version
of SAS to ascertain standard error
estinlates' Cotttlactttr shall thoroughly check all DSHS school Survey programs
using existing data,
Ctttttractor shall prtlvide all progrants to DSHS sraff prior ro rheir ur" ti,r"
independenichecks.'

Contractor shall also pelfortrt analvses necessary to procluce tlrc stareu,ide report
that acconrpa'ies ltral
I'epons to thc districts. The statewide report shall inclutle the same set of
tables ancl figures irsetl in previous
PROGRAM ATTACHMENT _ PAGE SLIR/SPF 3
 years as well as those added to reflect the new Survey questions. Contractor shall prepare regional reports
separately.

Task 8. Deliver Data with Weights. Contractor shall provide all final srare Survey dara ro DSHS along wirh
accompanying documentation. With data in a common lcrcation with common structures and applied rn.tu,lotu,
status reports prior to delivery offinal Survey data shall be autonlated and delivere4 on a ln()re frequent basis.
In acldition, Contracttlr shall ensure that the central database system allows for the creation of an extranet
interface through which DSHS personnel and individual sclrool districts rnay vieu, results via a secure inrernet
connection.

SECTION II. CONTRACT DEI,IVERAT]LES:

DELIVERABLES:
Estirnated Amount
Deliverv Dare
l. Written Progress Reports Monthly
2. Revised lnsrrument and Recruiting Materials tuU2007 $q r,2fi)
3. Sample Design and Selection to/t/2a)7 $r9,r00
4. Districts Recruited and Survey Administration 5/3 t/2008 $r r0.500
5. Data Scannecl and Processed 8/ I 5/2008 $62,879
6. Final Methodological Report 8/3 t/200ti $19,000
7. Final Statewide and Regional Reports 8/3t/2U)8 $30.500
8. Final Data with Weights 8/3v2(n8 $ r9,000
Total $352,179

SECTION II]. PROGRAM SERVICE AREA:

Contractor shall deliver services or activities to participants or clients in the following counties:

Sratewide

SECTION IV. ELIGIBLE POPULATION:

Male
Female

SECTION V. SOT-ICITATION DOCUMENT:

N/A

SECTION VI. RENEWAI-S:

DSHS rnay renew'this Prograrn Attachrnent at the Dcparttncnt's sole jiscretiorr.

SECTION VII. PAYMENT METHOD:

DeliveraLrles

SECTION VIII. BILLING INSTRUCTIONS:

Contractor shall subnrit an inxrice uporr completion ol each deliver-able to the DSHS SPF prosrarn prrrject
ntanagcr.

PROGRAI\,{ ATTACHMENT _ PACE SLIR/SPF 4

 SECTION IX. PROGRAM STRATEGIES

The following strategies are approved and must be maintained rhrough this Contract:

Program Percentage of Funds

Subs Abuse-Prgnr Dev l00.jUc/c,

SECTION X. FLINDING:

Funding Source: 93.243:93.959

Total: $352. 179.00

SECTION XI, SPECIAL PROVISIONS;

Article I Compliance and Reporting, Section 1.04 Applicable Contracts Law and
Venue for Disputes. is revised t<r
delete'l'ravis County. Texas and insert Brazos, County. Texas.

Article lX Notice Requirenrents, Section 9.07 Crinrinal Activity and Disciplinary

Action, is revised to delere secrion
9.07 in its entirery.

ARTICLE XII General Terms. Section 12.17 Immunity Not Waived. is revisel as follows:

THE PARTIES EXPRESSLY AGREE THATNO PROVISION OF THIS CONTRACT

IS IN ANY WAY INTENDEI)
TO CONSTITUTE A WAIVER BY DEPARTMENT OR C]ONTRACTOR OR
THE STATE OF TEXAS OF ANY
IMMUNITIES FROM SUII'OR FROM LIABILITY THAT DEPARTMENT
OR CONTRACTOR OR THE STATE OF
TEXAS MAY HAVE BY OPERATION OF LAW.

Article XIII Breach of contract and Remedies for Non-compliance,

.sectkrn 13.02 General Remedies and
sanctions' is revised to add the following sentence:-Notwithstanding ,*.*.; ,o th€
contrary in rhis provision, in the event of
a breach of contract claim brought by either party against rhe othei,
the process provided in Govenrment code Chapter
2260 shall apply,

Article XIII Breach of Contract and Remedies for Non-Compliance, Section

13.03 Notice of Remedies or Sanctions,
is revised to add the following sentence: Notwithstanding t.rnl',
to rhe contrary in this provisiorr, in the event of a breach
ofcontract clainr brought by either party againsr the othei. the process pnrvitled
in Government Corje Chaprer 2260 shall
apply.

Article XIV clairns Against the Department. is revised ro read as tblrows:

section 14'01 Breach of contract claim. The process tor a breach.f

curtract clainr acainst the l)ep'rtnrnt ()r
conlrnctor provided lirr in Chlpter ?260 ol'Texas Governnrent cocle and
inrplemc'nted in rhe rules at 25 TAc $$1.131-
l'4'17 shull be used by DSHS and conlractor to attcnrpt r() re\ol'e
any claim for breach gf c.ntract made by DSHS or
Contractor.

sectio. l4'02 Notice' Clairns lirr breaclr of this (irntract

that thr- parties cann()r resolvc in the grdinary c()urse ()l
business shall be submitted to tlre ne{otiati.n
Process pr.vidccl in Chapier 2260, subchaprc'r B. Texas Go'ernnrenr cotJc.
To initiate the process, contractor shall subrnii writren noticc. as requiie<!
bv subchaprer B, to DSHS.s oflice ol ceneral
Counsel. lit
initiate the process. the f)epartnrent shall subnrit written ntxice to Reiben
T. Bisor. Associate Vicc prcsident.
J'hc' noiice shall specifical ly state that the provisions of chaprer
1260. suhchapter B. are being inv'ked. A c.p,, of rhe
notice shall also be given to all other rcpresentatives of DSHS ancl
contracror. Subchapter B is a conclition precedent tr-r
the tiling of a contested case proceedilrg untler Chapter 226(), suhchapre
r c, Texas ciovernnrnt code.

section l'1 03 snle Rerrredl'. The corrtested case process plor'idctl in chapter
2260, subchaprer c, Tex.s Go'cnrnrrrt
Ctde' is the sole and cxclusive process tirr seeking a renrecly tirr anv and all allcged
breaches ofcontract il'the p:rrties are
unable to resolre their disputes under this Arriclc.

PROGRAIV1 ATTACHM!.NT.. PAGE SUR/SPF 5

Section 14.04 Condition Precedent to Suit. Compliance wirh the contesred case process provided in
Chaprer 2260.
subchapter C' Texas Govemment code, is a condition prececlent to seeking consent to sue from
the Legislature under
Chapter 107 of the Civil Practices and Remedies Code. Neither the executioir of this Conrract by the parties
norany olher
conduct of any representative of the parties relatirrg to this Contract shall be considerecl a waiveiof
so'ereign imrnunity to
suit.

Section 14.05 Performance Not Suspended. Neither the occurrence of an event nor the pendcncy ol'a
clainr c.nslitutes
grounds for the suspension of pertbrrnance by contractor. in whole or in part.

PROGRAM ATTACFIMENT _ PACI] SUR/SPI.6