(a) In this division:
(1) CITY CONTRACT or CONTRACT means a written contract that is properly executed or entered into by the city.
(2) DIRECTOR means the director of the city department that is responsible for administering the city contract that is the subject of a claim filed pursuant to this section, or the director’s designee.
(3) PERSON means an individual, corporation, partnership, professional corporation, limited liability company, or any other legally constituted and existing business entity, other than the city.
(b) This section applies to any alleged breach of contract by the city occurring on or after January 30, 2006.
(c) A person may not file or maintain a lawsuit or alternative dispute resolution proceeding to recover damages for the city’s breach of a city contract unless, as a condition precedent and a jurisdictional prerequisite to the filing of the lawsuit or proceeding:
(1) the person files a notice of claim with the city manager in writing, in the form prescribed in Subsection (d) of this section, not later than 180 days after the date of occurrence of the event that gives rise to the breach of contract claim; and
(2) the city council, or the city manager in the case where a change order or contract amendment may be authorized by administrative action or administrative change order, neglects or refuses to pay all or part of the claim on or before the 90th day after the date of presentation of written notice in accordance with this section.
(d) The written notice of claim required under Subsection (c) must:
(1) state the facts giving rise to the alleged breach;
(2) state the legal theory justifying recovery for the alleged breach;
(3) state the amount the person seeks in damages; and
(4) include supporting documentation indicating how those damages were calculated.
(e) The city attorney is authorized to investigate, evaluate, and recommend settlement or disposition of any breach of contract claim made against the city pursuant to this section.
(f) The city manager and the director shall assist the city attorney in the investigation, evaluation, and recommendation processes related to the settlement and disposition of a breach of contract claim made against the city pursuant to this section.
(g) The delegation of authority conferred under Subsection (e) or (f) does not include the authority to waive any requirements of this section.
(h) Nothing in this section supersedes, modifies, or excuses compliance with any other requirement for notices established by any city contract, law, or equity.
(i) A person filing a claim under this section is not entitled to recover attorney’s fees, either as a part of the damages calculated in the notice of claim or in any subsequent lawsuit or alternative dispute resolution proceeding.
(j) Nothing in this section may be construed as waiving the city’s governmental immunity from suit or liability.
(k) The provisions of this section are incorporated by reference into all existing and future city contracts.
(l) The city manager may, with the concurrence of the city attorney, elect to treat a notice received pursuant to this section as a demand for nonbinding mediation. If the city manager treats the notice as a demand for nonbinding mediation, the city manager shall, within a reasonable time, notify the person filing the claim of that election and of the applicable procedures to be followed. The notice of nonbinding mediation extends by 60 days the applicable period for responding to a claim notice set forth in Subsection (c)(2). (Ord. Nos. 26225; 28705)