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HomeMy WebLinkAbout09-23-0980 EMERGENCY ADDENDUM Cl':, 'OF DENTON CITY COUNCIL September 23, 1980 Authorisation for the axe°n4sr thealncontract novative aRateaePrograo the flepartaent Of Energy u for a joint program with Cox Cable# Ino, a l i I : i i E; f s • EMERGENCY ADDENDUM CITY OF DENTON CITY COUNCIL September 23, 1980 Approval of a Resolution authorizing the Mayor Pro-Tem to sign license agreement with MKT railroad or a sanitary sewer and drainage crossing. 1 I 4 i RESOLUTION BE ST RP30LVE0 BY THE CITY COUNCIL OF THE CITY OF DEN MN, C TEXASi lEEgTION I. The Mayor Pro-Tem be, and he, is hereby authocited and diceited to execute on behalf of the City of Denton a pipeline license agreement dated October 1, 1960, between the M(s:aurl-Kansas-?exae Railroad Company and the City of Denton, Texas (File :-187S3, Engineering Drawing 9-4604, dated March 2$, 1930, revised September 19, 1960), . SECTION It. The City of Denton shall be reimbursed for all coats of ! this Agreement by the Aevalopte of the adjoining property. { SrCTfON ,~Sy This resolution shall become effective ftnm and aftse its i date of passa;e. PASSED AND APPROVED this the day of , 19sa. RICHM MAYOR PRO-TIM CITY OF DENTON, TEXAS I' ATTESYS i l F0 HOLT, CRY RE?A CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C, J. TAYWR, JR., CITY ATTORNEY CITY Of DZMTON, TEXAS BYS i II ! V I EMERGENCY ADDENDUM CITY OF DENTON CITY COUNCIL September 13, 1980 Authorisation for the D the execution of a contraot agraeelesenPtrowigrtAam epartment of EnRrgY under the innovative Rat for a joint program with Cox Cable, Inc. ' t t 1 I j" 1 i 1 j i i, j 'v'+VMM.+IMMfN~ . f~4LUTi0N • I WHEREAS, the application of the City of Denton for a grant for the purrase of estimating consumer load ehaeactecistios of electric customers in the City of Denton has been approved by the Department of Energy, Economic Research Administration, in the syA Of 671, 336.00 N0Wj THERMKI p SS IT RXSOLVED BY THE CITY COUNCIL Of THE CITY Of DENTON, TEXASr $ N I be and he it hereby authorited 1 and directed to execute fw. and on behalf of the City of Denton, Texas, all grant agreaments and necessary documents in I order for the City of Denton to receive the grant In the ows of 671#336,00 for a study of consume- load character to ties of electrical customers In the City of U nton# Texas. SECTION 1I. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the _ day of , 1980. MAYOR PRO-TEN { CITY Of DENTON, TEXAS ATTEST, [BOOKS L# CITY 39CASTAX? CITY 00 DENTON, TEXAS s i APPROVED AS TO LEGAL 101%ti C. J. TAYLOR, JR.# CITY ATTORNLY CITY Or OENTON, TEXAS aY1 i f f t IITY OF DENTON MEMORANDUM TOt Mayor and City Coutotl Members FROM$ Chris Hartung, City Manager DATE; September 23, 1988 SUBJPCTt Innovative Rates Grant from the U. S. Dept, of Energy The City of Denton has been a leader in innovative programs for energy and resource conservation. Denton has recently undertaken a study to develop a strategy for meeting the E objectives of the public Utilities Regulatory Practices Ac L•. These objectives are conservation of energy, conservation of i capital, and equity in utility rates. One of the vehicles for achieving these objectives is time-of-day billing for electrical usage. V udies in neighboring states have indicated that time-of-day rates encourage substantial reduction of peak electrical usage. Peak reduction reduces the future capital requirement for constructing or contracting for generation capacity. Thus, peak conservation vill provide for a long range savings to most electrical customers. Denton has applied for and received funding for an innovative rates grant from the U, S. Department of Energy. This grant will fund the installation arid operating costs of a system to f use a broad band two-way cable installed to provide cable TV services for remote meter reading an,! data collection, The purposes of this contract are three-folds 1. to acquire al:.ss demand and use characteristics to be used in cost of service studies for establishing time-of-day rate classes; 2. to acquire load characteristics from other classes which are not currently demand metered; 3, to refine the technology and the cost estimate for possible system-wide installation of such a program. Two groups of utilities and cable TV customers will participate j in this project, The first will bo a statistically valid j sample of residential and commercial users who volunteer to experiment Mayor and City Council Members September 23, 1980 Page Two with time-of-day rates. The second will be a group of cable television users who will serve as a control group and whose electrical usage will be, monitored in a manner which will not cause them to alter current use patterns, A centralized computer at the head-in of the CATV system will monitor the individual electrical use every 15 minutes to one-half hour. Use demand data will be collected and summarized yielding a profile of each class and of the new time-of-day class, This information is essential for establishment of equitable time-of-day rates which will provide an adequate incentive to conserve, The budget for this project as approved is $237,096, The U, s, r Departnent of Energy will provide $71,336 of these funds, primarily to defray the engineering, consulting, end incidental j expenses. Cox Cable will provide $117,500 which will be spent for equipment and labor. The City of Denton is asked to contribute $48,260. Of this total, $32,296 is for in-kind contribution of personnel services. The remaining cash expenditure of $15,964 would be used to fund computer software development for sampling and for time-of-day billing. The - knowledge and experience gained in this project will assist Denton in implementing electrical rates which will encourage conservation of capital and energy, , A JA (2~ I I r e artung Clip cp i E k 1 9 ' , f lr M~ AGENOA CITY COUNCIL OF THE CITY OF DENTON September 23, 1980 JOINT MEETING OF THE CITY COUNCIL AND THE PUBLIC UTILITIES BOARD Special Called Joint Meeting of the City of Denton City Council and the Public Utilities Board at 500 p.m., Tuesday, September 23, 1980 in the Civil Defense Room of the Municipal Building at which the following items of business will be considered, l 1. Discussion on the background and future alternatives of i the city's participation in TMPA. MEETING OF THE CITY COUNCIL i Special Called Meeting of the City of Denton City Council at 7100 p.m., Tuesday, September 23, 1980 ir the Council Chambers of the Municipal Building at which the following items of business will be considered, 1. PUBLIC HEARING on the establishment o_ voting places in the single member districts. 2. Approval of a resolution purchasing a tract of land for the Paisley Street Construction Project. 3. Approval of a contract with Planergy Inc., for the t Comprehensive Community Energy Management Programs. 4. Executive session. ~ t A. Legal Matters - Under see, 2(e), Art. 6252-17, t 4 V.A.T.S. ~J Be Real Estate - Under Sec. 2(f), Art. 6252-17 ~i V.A.T.S, I C. Personnel - Under sec. 2(g)► Art. 6252-17 V,N,T,S j Be Board Appointments - Under Sec, 2(g), Art, 6256-11 # V.A.T.S, , J 50 Co n+ider Board Appointments. f Memorandum City Council Ayends September 16, 1980 Agenda Item: Resolution to purchase a tract of land for the purposes of constructing a block of Paisley Street, ; So -nma ry ; Community Development Block Grant (CDBG) B-79-DS-48.0014 provides, for the construction of a new street at the intersection of Paisley and Audra. Drainage improvements arE also lanned. The new Paisley Street would eliminate an incon- venient and dangerous intersection now in place. the land for the new street is awned by David Mulkey, The taking of the land for construction leaves an odd I shaped parcel of land presently inapppropriate for residential development. The two parcels of land were appriised by an independent appraiser and the City Council authorized an offer to be made to purchase the land from Mr. Mulkey. The Community Development and Planning Staff entered negotiations with Mr. Mulkey and a sale price of $6,435.00 was agreed upon to be offered to the City Council for Its Mulkeval. Construction has begur. under a temporary access agreement with Mr. Y Fiscal Issues: The negotiated purchase price of $6,435.00 worki out tt $5,500.00 an acre, which is consistent with recent Tales of comparable tracts of land. The purchase will be paid for from the Community Develo"nt 3lock Grant I8-79-OS-48-0014. There are sufficient funds in the budget. Recommendation; The Community Development and Planning Department recommends City Council acceptance of the negotiated purchase price. Action Required: 1 Approve Resolution, 2. Authorize staff to complete purchase. Enclosures: 1. Memorandum 2. Resolution 3. Exhibit A 4. Map l i it 1 I R E S O L U -T I O N WHEREAS, the Ctty of Denton finds' it necessary to purchase a certain tract of land located in the City of Denton, T•xes, and more fully described below; and WHEREAS, the City Councll of the City of Denton is of the I opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, David ~ Mulkoy, agree that o consideration of 56,435.00 is a fair and agreed value of such described property; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. Of THE CITY Or OENTON, TEIIAS, THAT: 1. The City Attorney is hereby authorised to prepare whatever legal documents are necessary to complete the transfer, f of property to described below from the owner thereof to the ' City o/ Oentonl JR_AC_TAll that certain 0.561 acre trtct or parcel of land fituittd in the 0. Brock Survey, Abstract No. Is, Denton County, Texast said tract being tract occupieC on the ground as staked by the City of Denton, Texas; and being more particularly described as follow ii BEGINNING for the northeast corner of the tract being descrlbed herein at a point south Aga 49' 40' west S40 feet and south 200 55' 20" west 302.1 feet from the northea.t corner of an 16.02 acre tract deeded to David Mulkey on November 11, 1952; THENCE south 200 55, 20" west $3.5 feet to a point for a corner; THENCE north ago 52, $0" west 29.3 feet to the beginning of a 1 curve to the left whose radius is 460.0 feat; THENCE with said curve whose central angle is 316 06' So" a length of 244.36 feet to the end of sold curve; THENCE touth 690 00, 20" west 47.9 feet to the begtnning of a I ! curve to the right whose radlui is $26.0 feet; i ` THENCE with said curve whose central angle is d0 33, so" a length of 71.63 feet to a point on the north right of way of I mislay Strait; I THENCE south Aso 61, 30, wait with the north right of .ty of said street 214.2 feet to a point for t corner; i THENCE in a northeasterly direction with a curve, to the tefto whata radius is 515,0 feet and A central angle 1s 260 34, it distance of 266.6 feet to the end of tall curvet i iHENCE north 590 00' 20" east 47.9 feet to the beginning of e E curve to the right chase radius is 500.0 fait And central Amite , Is 310 C6' 50" A length of 271.52 feet to the end of said curve; THENCE south 000 62, $0" east 46.3 feet to the point of beginning. aw.~ I! ill" . All that :ertain 0.601 acre tract or perecl of land s Mae a[ in the J. Brock Survey, Abstract No. 15, Denton County Texas; said tract being par! of an 18.02 acre tract shown ty deed to David Mulkey dated November lls 1952 and bring more particularly described as follows: BEUNNING for the northeast corner of the tract being described herein south 890 49, 400 west 54,7 feet and south X00 $51 20, west 355.6 feet from the northeast corner of an 18.02 acre; THENCE south 200 SS' 200 west 123.9 feet to a point for a corner; THENCE south 880 51' 30" west 322.2 feet to a point for a corner; THENCE in a northeasterly direction with a curve to the left whose radius is 625.0 feet and central Ingle is 60 33' 304 e distance of 72,53 feet to the end of said curve; j THENCE north $90 00' 20" east 47.9 feet to the beginning of a curve to the right; s THENCE with said curve whose radtus is 450.0 fuel and central ~ anqle is 310 06' SO* a distance of 244.36 feet to the end o l tsid curve; THENCE south 090 52' 600 east 29.3 het to the point of beginning; 2. The City of Denton is hereby further authorized to pay David Mulkey as owner of said described property, consideration to the amount of $6 435.00 purchase price, plus any other necessary and reasonabfe costs of closing. 3. This Resolution shill take effect 1eaoedittely from and € after its passe a and approver in accordance with the provisions of the Denton City Charter. i PASSED AND APPROVED this the day of 1980. CIQF DE6'0 N EW TEAAT' lPiiR I ATTEST: 01F0T"Tar7fly 5 CRETARY CITY Of DEMON, TEXAS a APPROVED AS TO LEGAL FUN: C, J. TAYLOR JR, CITY ATTORNEY CITY OF DENTdN, TEXAS 0Y: v M1ig1~.~ . CALES CONTei:i' THE STATE OF TEK14 1 BY THIS AGREEMENT AND CONTRACT9 COUNTY OF DENTON i Da id Mulkay hereinafter called Usiller, acting through the undersigned and duly authorized Agent, hereby malls and egrean to convey unto the city of Denton, Terse, a Municipal Corporation, hereinafter called Par- chaser, the described property lying and being situated in the City } i an4 County of Denton, State of Texas and more particularly described by mates and bounSs in Exhibit "A' attached hereto and awdd a part 1 hereof. The purchase price is 1 R Avt.On r payable st closing. f i Purchaser agrees to furnish a Title Insurance Polley to said property, which shall be convoyel fcee and ol6rr of any and all mn- I cumbrances. i If any title obaeccior's are ruadgr then the Seller Oi'his Agent I y shall have a reasonable time to aura said objections and above P-od and mackstable title. Boller agrees 0'sn the title objections have been cured, to deliver a go+d arl sufficient General trarranty Deed properly von 1 vsyin; said property to said Purchaser. j i Taxes for the current year ArA to be t,roratG6 to the date 'of closing. The purchase of said property to rubject to the approval of i tr.a city council of the City Of Denton, Texas, Executed in triplicate ate the day of A. D. 1978. CITY OF DL'NTON, TEXAS, SEUER s rVACt'ASER bYr DAVID KILM ti# r .1 1 6 i PXHIBIT "A" TRACT 1. All that certain 0.561 acre tract or parcel of land siFua"Ted In the J. Brock Survey, Abstract No.. 1S, Denton County, Texas; said tract being tract ocrti,ied on the `round as staked by the Clty of Denton. Texas; and being more particularly described so follows: BEGINNING for tbs northeast corner of the tract being described herein at a point south 890 49' 40" west $4.7 feet and south 200 SS, 20" west 302.1 feet from the northeast corner of an 18.03 acre tract deeded to David Mulkey on November 110 19521 THENCE south 200 SS' 20" west 53.S feet to a point for a corner; THENCE north 890 S2' SO" west 29.3 feet to the beginning of a curve to the left whose radius is 4$9.0 feet; THENCE with said curve whose central angle is 310 060 SO" a length of 244.36 feet to the and of said curve; THENCE south 590 00' 20" west 47.9 feat to the beginning of a curve to the right whose radius Is 625.0 feat; THENCE with said curve whose central angle is 60 33' 30" a length of 71.53 feet to a point on the north rlsht of way of Paisley Street; i THENCE south 160 S''A' 30" west with the north right of way of said street 214.2 feet to a point for a corner; THENCE In a northeasterly direction with a curve, to tide left, whose radius is SIS.0 feet a.d a central angle is 26 340 a distance of 266.6 toot to the end of sold curve; THENCE north $90 00' 20" east /7,9 feet to the b•glnnln6 of a curve oto the right whose radius is 500.0 feet and central angle curve= O6 SO ,.length of 271.52 feet to the and of said THENCE south 890 $21 SO" east 48.3 toot to the point of { 1 beginning. l II ~ TRACT It. All that certain 0.601 acre tract or portal of land ' situated in the J. Brock Survey, Abstract No. !50 D•C+on County Tares; sold tract being part of an 18.02 acre tract shown 6y dead to David Mulkey dated Nrysaber 11, 1452 and being ` more particularly described as follows 1 BEGINNING for the northeast corner of the tract b-,ing described ffff herein south 890 49' 4011 west 54,7 toot and iouth 200 5S) 2011 west 355.6 feet from the northeast corner of Ah 10 .03 Peel THENCE south 200 55, 20" west 123.9 fat to A point for a corn•r1 THENCE south 880 Sit 30" west 1112.2 teat to a point for t, corner; THENCE In a northeasterly direction with a curve to the left whose radius is 625.0 toot and central ongte is 60 33+ SO" a distance of 71.53 feet to the end of said curve; i 1 THENCE north goo curve to the tlghtj0 20 east 47.9 feet to the beginning of s THENCE with said curve whose radius is 450.0 toot and central l &nEideerr $10 06' $0" a distance of 244.36 toot to the end of r THENCE south 890 $2, $0" east 20.3 tat to the point o: ~ . j I A 4: 7M UNAM Dtl D-W'u1 a." W hrwuW Acw"W'~ % MAIM lftd r C% Mn THE STATE OF 'T'EXAS, ~ Know Al Men By These Presents: j COUtiTY OF Tbtt DAVID MULKEY of tba County o< Denton , Statt of Texas 4ot and to congdenlleu of the sum of i ---•-Six Thousand Four Hundred Thirty-Five & No1100 ($6,4:S.00)00LIARS, to him to hand paid by the City of Denton, Texas, a Municipal Corporation 1 i - i bier Cnnltd, Said and Consrytd, sad by these pnuau da GdD4 W 16d Cowry ure tbu Yid City of Denton, Texas, a Municipal Corporation j 3 of the County of Denton , Suss of Takes tYeSlhll9Jebc 1 ; TRACT 1, All that certain 0.561 acre trace or parcel of land situetad, iI 'M- 77 Brock Survey, Abstract No. 15, Dent,,n County, Texas; said tract being tract occupied on the ground As staked by the LIty of Denton, Tax$$ and being more particularly described as follows i 111010ING for the northeast corr.dr of the tract being described heraitt a a point south 190 49' 40" vest 54.E toot and south 200 $5, 20" was 301.1 toot from the northeast corner of an 11.02 acre tract d adod t David Mulkey on November 11, 1952; THINGS south 200 $5' 201, west $3,5 feet to a poif,t for a cornori ' THENCI north 190 $2, so" west 29.3 toot to the beginning of a curve t the left whose radius Is 450.0 test; THENCI with said curve whose central angle is 310 06, $011 a length o i 244.36 feet to the and of said curve% THENCI south $90 o0, 20" west 47.9 feet to the beginning of a curve t the right whose radius is 623.0 Usti j THENCE with said curve whose central sn le is 64 7St 30" s length 'o 41.53 feet to a point on the north right afl way et Palstay ltresti S THENCE south 910 S11 30" vast with the north right of way of said strew i 214.1 feat to a point for a cornarl ti 1 d _ ,.,...........m:...,.. ,wrn4ll,MiiDO~ WAN ■la l V ENCE in a northeasterly direction with a curve, to the left, wbo I radius is SIS.0 feet and o central angle is 260 30 a distance of 166. 5 feet to the and of said curve; THENCE north $40 00, 20" east Ii .9 feet to the boglnnidg of a curve the right whose radius is 500.0 feet and central angle is 310 06, SO" length of 271.52 feet to the end of said curve; THENCE south 990 S2' $0" east 18.3 feet to the point of beginning. TRACT Ti. All that certain 0.601 acre tract or parcel of land situated S tTie-T.-Brock Survey, Abstract No. 15, Denton County, Texas, said trot being pare of an 11.02 acre tract shown by deed to David Mulkey date November 11, 1952 and being more particularly :ascribed as follows: BEGINNING for the northeast corner of the tract being described herei + south 990 19, 40" west S1.7 feet and south 200 SS' 20" west 353.6 tee from the northeast corner of an 18.02 acre; THENCE south 200 SS' 20" west 123.9 feet to a point for a corner; THENCE south 880 51, 30" west 322.2 feet to a point for a corner; THENCE In a northeasterly direction with a curve to the left whose radio is 625.0 feet and central angle is 60 33' 30" a distance of 72.53 fo• to the end of sold curve; THENCE north S90 00' 20" east 17.9 feet to the beginning of a curia t the right; j ~ THENCE with said curve whose radius is 130.0 feet and central angle 31 06' SO" a distance of 211.36 feet to the end of said curve; THENCE south 890 $21 $0" east 20.3 feet to the point of beginning; { TO FIA1'i: AND TO HOLD she above decrtbed pnmlw, tosether will an mad daPk', 61 140W no appurtmaacsa thema in aaywlw bdoeslns nets the sale City of Denton, Taxes. a Municipal corporation, its successors t b ft mad aedgne fomnr; mad I do baebr bted Myself, my k~k hdrt, eaecw:mt and adm:nbtnton, to %'armat Lad Vomit Delmd AN std dngular the rald Pnadeta We tW I 'I raid City of Denton, Texas, a Municipal Corporatioe, its successors { ketat and mtsne ego:rot every Paton ahoneoever lawfully dola,lag, Of to ddos of samq at any pan tbenot. WIFOsagly hand at Denton, Taxaa lbh day at ,,tD, to B0 • Wunwes It Rtgaan of Grantor: f rygw~~~~! bit 1 i / i OAR ,Yrr1A'`'' rtd+ i ~ ' old,o • tR'61 ~ r 1 J, ~rrr ; CITY OF DENION MEMORANDUM TOs X1119 Cole, Assistant City Manager FROKi John Coldmann, Energy Conservation Coordinator DATEr August 21, 1980 SUBJECT: Comprehensive Community Energy Management Program (CCEMP) The City of Denton has been selected as one of four cities in Texas to be awarded a contract from the Texas Energy and Natural Resource Advisory Council (T.E.N.R.A.C.) for a C.C.E.M,P. grant. The award is to perform the task associated with Phase I' Of C.C,E.M.P, (Attachment A). The total cost for the program is budgeted at $750850, with grant funds providing $51,350 of the total, and an in-kind match btyie the City of $24,500 (Attachment 8). The funds provided by grant will underwrite supplies and direct operating 1 expenses, as well as providing funds for one additional staff person and the services of a consultant who will perform the various tasks associated with the project. After acceptance and signing of the contracts, work on. the project will begin September 1, 1980 and will follow proposed time schedule for 12 m the or before September 1, 1981 with tithe development) of the ate Action Plan. The purpose of the program is a detailed methodology for total energy planning and management within the community. All energy supplies, demands, and uses are ultimately catalogued and treated as complex parts of an interrelated system. The methodologies are explicitly layed out in the "8ittman 1 Methodology "t which is briefly summarized (Attachment C), I have attached copies of the contracts submitted by T. E. ti. R.A.C, (Attachment D) for the City Manager's aignature, and Ming Cole August 21, 1980 Page Two request that a contract be drawn between the City of Denton and Planergy, a consulting firm familiar with both C.C.E.M.P. and ►he Hittman Methodology. ccf bill Angelo Attachment At scope of the Work Attachment Bs Budget Attachment Co Summary of the "Hittman Methodology" Attachment Ds T.E.N.R.A.C. Contracts i P i f 4 i I r i i i i ' ~~,µ..r.... . ._.,..,,......o,...w,..«......r...+~...rs,+.n+w.ypyrf~y~y1Y~ j. r h V 1 i i ATTACHMENT A { SCOPE OF THE WORK r i j } L f L ,'~J,~11~K 1'aw ...r..,..... - ,.........:~..~..-a.w .rr:w+r~[drWe,~y. x +9Jt R~ .gyp t i. T. r h. SECTION FOUR SCOPE OF WORK (The following are instructions pertaining to the "Technical Proposal" discussion In the required Proposal Format, Section Two, B.) Task I. Or aniein for Pre aration of the Action Plan and Preparation of DetalfR Wor PIan. n th s task, the contractor will implement the concept of the organizat on submitted In Part I.D. of the Proposal Format. The contractor shall implement the organization to carry out the preparation of the CCEMP action plan. Committee(s) will L: formedl their responsibilities, by-laws, schedule of meetings and other pertinent matters will be decideT A detailed work plan which establishes task responsibilities and coordination, revise and approval of recommendations will be prepared for review and approval The tasks listed below are the minimum felt necessary to allow the contractor to deliver the, results required. Additional efforts may be proposed by the contractor, and it thmse are approved by TENRAC, they will be incorporated Into the work. This work plan will specify in detail the resources (personnel, consultants and dollars) that will be devoted to each task. It will provide a step-by-step description of each work element, identifying data sources, as appropriate; level of approval and coordination expected to be necessary for the satisfactory comp:etion of the contract effort; and documentation of final commitments associated with cost sharing and coordination with other agencies as required. Upon approval of the work plan by TENRAC, It will be incorporated Into the work scope and become the official document for the remainder of the contract effort. Task 2. Enemy Audit. The contractor will conduct an energy audit of the community represented in the proposal. The audit will follow the procedures of the I "methodology" or other similar approach it approved by TENRAC, and will include s the followingi a. Physical Characterization - The contractor will conduct a detailed accounting o land use parcels and activities which represent the energy using components of a community. The energy used In each category will be defined for a specillc end-use function such as space heating, cooling, Illumination, etc. For this contract, secondary data supplemented by estimating procedures of the methodology will be utilized. Primary data may b6 substituted for the secondary data if It Is available without additional cost incurrence. b. Accountin of Fuel T es - For each of the physical components so characterized, the associated uel type used presently to provide the end-use energy service will be Identified. For this task, secondary data will serve as the major Input; however, primary data will be required when the secondary data provesinadequate. I c. Accountin of Available EnerAV Sources - During the conduct of work specified In arts a and o the audit, the contractor will identify and list known and potential energy sources within the community. These sources will Include the normal energy utilities provided to the community (natural gas, . I I it rr. R' .kaf~ it electricity, district heating and/or cooling), the other fuels from suppliers (coal, propane gas, fuel oil, etc.), plus those energy sources normally Identified as I~ wastes as a result of some conversion (such as thermal discharges from Industry and power plants, wood chips, unprocessed solid wastes, etc.). The Inventory will Include the r.mount of energy, the form, the quality and the location. These data :rill be vital in the evaluation of energy conservation alternatives, Including community energy systems technologies, In Task Four. d. EneS& Anal sis/Com utation - The contractor will compute the energy by category and fuel type through utilization of the procedures provided in the methodology. Upon completion of these calculations, the results will be calibrated using the procedures specified In the methodology. Should the calculated energy use for any category vary from source data by a factor greater than 1.5, a proposal for re-calculation using primary physical characterization wilt be submitted to the TENRAC contact for his approval and/or direction before proceeding with the next task. Task 3. Issues and Oblectives. "The contractor will use the results from the ' work accomplished in the previous tasks and projections of energy use and energy -ources to develop and prioritize a listing of potential energy problems and energy objectives for the community. In developing this listing, special consideration will be given to those Issues and/or objectives where the community plays a major role In the decision-making process. The contractor will document each step of deliberation and processes utilized in establishing the priorities. The procedures of the methodology will be used as the guide for this task. Task 4. Identification and Evaluation of Alternative Ener Conservation Actions andSStrategie_s. The contractor will use the "Methodology, Part 11111 to conduct " the following actions: I a. Identify alternative actions that the community (public and private parties) can undertake for energy conservation and management to meet the objectives developed under Task Three I b. Identify the strategles to Implement these alternatives, c. Identify the probable energy, economlc, environmental and other Impacts on the community It the conservation action 1s Implemented. d. Make an Initial ranking and final selection of alternatives that are "best" suited to meet the community energy objectives. The alternative actions studied In this task should Include consldera. tlons of three general areas: 1. Community Use - Consideration should be given to actions pertaining to main enance operation and retrofitting of functional elements such as residential, commercial, Industrial and public transpor- tation services. Activities here are concerned with Improving the efficiencies of community elements and uses. Solutions may range from the Improvement of the energy efficiencies of existing public buildings through the development of ordinances requiring the rehabilitation of old buildings to meet certain thermal standards to Improvement In operation of the fleet of public vehicles through changes to smaller and more efficient cars. ' 12 l e ~s I 2. Co+nmunit 1]evelo ment Communit Desl n -The redesign of i the older community and t e des gn o new common ties represent two of , the most Important opportunities for achieving the goal of energy savings and shall be among the alternative actions considered. These alternatives concern the physical form of the community, particularly the densities and location of Its activities, the land-use pattern, and the'ttansportatlon technology linking them. Implementation may require mechanisms such as new zoning and subdivlsion regulations responsive to the conservation of energy. .r L 3. ' lnte rated Ener Systems - These systems consist of a k variety of techno og es n oolv,ng different fuel sources which produce heating and cooling, provide electricity, utilize waste streams In an efficient and economi,:al manner for a wide mixture of commercial, residential, public and Industrial uses. The systems may Include the widest range of technologies and fuels, ranging from solar through nuclear, coal and geothermal. Apl,endix B contains a fuller description of Integrated Energy Systems. Use of this approach is particularly Important In relation to new land uses, for which the concern Is the integration of fuel resources and technologies with land-use systems. A community lacking specialized capab!;Itles In particular areas might have to arrange for appropriate asslstance, such as engineerlrg assistance for the technology of Integrated systems concepts and financial consultants for the financing of these systems. The evaluation of Integrated energy systems alternatives shall include the following Items: Potential substitution of renewable or waste sot rtes as the primary energy Input. Projection of reliability and availability of the energy Input. Environmental Impact of the alternative. Estimate of energy savings and life-cycle cost of the alternative. Soclo-economic and political aspects, Technological state and certainty of the alternative (existing ' ppractices, developing practices require additional evaluation before implementation), ; Total budget and responsible authority for the alternative. Task Preparation of the Draft Action for Sm IementatIon4 The culmination of the evaluation o the alternative actions an strateg es w e selection of the action plan for Implementation, .i 13 I An action plan for energy management will contain implementation recommen- datlonsj It will lncluu~ a summary of the energy audit of the community's present and projected energy supplies and demands, the communlty energy goals and objectives and a summary of the alternatives analyzed to reach the program action plan. The action plan will be an agenda of things for the community to do to conserve energy. It will list the options and strategies selected, the savings of depletable energl resources, the cost and the priority for Implementation. The action plan will als+r Includ^_ a proposed organization, program and budget for the Implementation of Vie plan. This organization may be the same as the one organized for the preparation of the plan, a modification of this organization, or a new organization suited to deal with the complex aspects of Implementing a CCEMP action plan. The Implementation program of the action plan should also Include a mechanism for monitoring, documenting and evaluating the actual energy savings and the actual cost as the plan Is being Implemented. Task 6. Adoption of the CCEMP Action Plan. (Optional but suggested. The contractor may choose to present the draft action pan for formal adoption as a task of this project. If so, the proposal should Include estimates of the time and effort that will be required to complete all public hearings and other deliberations attendant to the adoption.) The process of adopting the plan may be done in conjunction with adoption of other development plans, e.g.1 General Development Plan, or follow a special process established specifically for the energy plan. This task will Include all public hearings and other deliberations mandated for the adoption process. i l I k ' E la i . _.,..,._....,.....,,w.wwrww,wwrww.nrt►+NaF1r A; AT i l{ , ATTACHMENT B i AUDGET i t i `Y a Attachment B Category CCU Local Total Personnel . Snlaries $ 17,559 $ 20,965 $ 38,524 Fringe Benefits 21171 3,535 30706 Subcontracts 25,000 -0- 25,000 Travel 19020 -0_ 1,020 i Equipment (lease only) -0- -0- -0- Supplies and Other Direct Operating 59600 - Expense 0- 30660 { Indirect Coate 1 @ rate -0- -0- Total S 51,330 $ 240500 $ 750850 f i i i I 1 i q 1 ATTACHMENT C SUMMARY OF THE "HTTTMAN METHODOLOGY" { ~ i ! ! 1 ,j 1 t i I i g a Aw~ 4, - ,yk>iSY•., .''EN::.-•ryR..,., }~c Yf .SYLAZ".. ~.tb'1R.AS..., y,~ - V..~ t \ ti . ~ r~1\ r M x~d+E 4. 'F".7 ~eL 'iii ,xr4. o 71~''; Y v t: +t joi +..'."'~'!'~«t'R'EEIVRIsw. '"t A" . ~d+ WvA"rte.: ~1T ice. f k : t a Y a +r INTRODUCTION disruptions of supply. This plan- ping methodology is prepared for use A. Purpose in a longer term community energy planning effort. Since the Arab oil embargo of 1473, and after the severe winter This methodology, which it con- of 1976, there have been many [sited in three volumes, the work- studies and investigations concern- book, associated appendirys, and ing the "energy crisis" and what master worksheets contains a set of communities can do about it. Govern- procedures and energy planning data ment policies at all levels have in a workbook format that will allow been initiated to help curb•fuel a community to estimate or develop consumption and to develop nev without outside professional assts- sources of energy and energy-telated policies; and new programs presently a energy use patterns for present are being debated. and future years if current Communities have a wide variety policies are continued of options for controlling the rate a energy objectives to overcome and type of energy used now and in potential shortages in the the future. Many communities have f initiated or are participating in future programs to reduce current energy a energy management and conserve- use. Far fewer communities are trot alternatives and implemen- designing energy policy and programs tation strategies that are con- • that relate their future energy needs to community growth and energy sistent with the energy objec- tiv'e's and the demographic, socioeconomic and environmental The primary purpose of this goals of the community Comprehensive Community Energy a energy use pattern for a speci- planning Methodology is to provide a fied future year if an energy framework in which a user community alternative and strategy is y can, based on current and future implemented energy demand and supply estimates, , determine its energy objectives, a a time phased community energy select energy management and conser- conservation and management vation alternatives, end prepare time phased implementation plans plan that will meet the requirements of , the land use and development projec- tsonr. i It Should be noted that this methodology has pot been designed to ■flist in the aolutions'of current or impending community energy timer- j gencieS. It will not provide an immediate solution to a current or imminent ineveAse in pries or 1 Y x 4 • a•~.~,ul wvtlKAYVr.~C.$j:" AYR'R I h ATTACHMENT D T.E.N.R.A.C. CONTRACTS I i i I I , woo ~~pkryw"' ran frr.r...:.r wry W TEXAS ENERGY AND NATURAL AESOURCESADVISORY COUNCIL f 411 WEST 13TH STREET, AUSTIN, TEXAS 78701 j} August 13, 1980 3 s i .Mr. G. Chris Hartung City Manager City of Denton Municipal Building Denton, Texas 76201 Dear Mr. Hartung: --he Texas Energy and Natural Resources Advisory Council (TENRAC) is pleased to Inform you that the City of Denton has been selected as one of several local governments to initiate the Texas Comprehensive Community Energy Management Program (CCEMP). i Attached is an original and two (2) copies of the contract between the City of Denton and TENRAC for the CCEMP program. Please sign all three copies and return to this office. Your signature will indicate acceptance of the award. We will make a formal announcement of award when the contract is fully executed by you and Dr. Milton Holloway, Executive Director of TENRAC. An orientation for the Texas CCEMP titles will be held In mld-September. We will I notify you rnd your staff concerning the details of this meeting In the near future. i Thank you for submitting an excellent proposal. That excellence, we trust will be central to the implementation of this project and we look forward to working with you on this very Important program throughout the coming year. f sincerely, Thomas D. Wright Acting Director t Conservation Division TDW1mld ` ( Attachmenti (3) I cct Mr. John Goldmann Energy Coordinator i t:0•044MIA; VkaCocers 1 I4u.,11vi OUnien 1'.06,rn f, Oomer.tl, Jr, Milom P. Hobby 1111 01,3h 6l110n H0110r41J 00%N1"050 Llwvwl Govemor Iweker 01 Inc Hauls f ,~t„1~,oa+.,,w..., , .,,.+w .,.K...~a4viF914FYt~1 w n I 4 STATE OF TEXAS 0 PROFE5SIONAL SERVICES COUNTY OF TRAVIS O AGREEMENT Q CONTRACT4 1. Parties This contract and agreement Is made and entered Into by the following partles: The Agency: Texas Energy and Natural Resources Advisory Council 411 West 13th Street Austin, Texas 78701 The Contractor: LI o! Denton I name unlclool Building address Denton Texas 76201 c thy, s ate, t"1p Comptroller 11 en or !D or Federal ID# The parties hereto have severalty and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplish. ments of the tasks hereinafter described, II. Recitals Pursuant to S,B. 921, 66th Legislature, the Texas Energy and Natural Resources Advisory Council Is mandated to perform functions as the ener and natural resource policy and planning agency for the State of Texas. TheCo u division of the Agency was established to coordinate aril Initiate pro rams d~ etlon to assist Texansn the conservatlon of energy, 8 designed This agreement is entered Int,) for the purpose of Initiating the Comprehensive Community Energy Management Program (CCEMP) In Texas. C of the 1980 Local Government Program of the Texas State Energy Coatryatl Plan (SECP) prepared In accord with the Energy Policy and ConservatlonaAct PL 94.163), as amended by the Ener ft 94.385 and PL 93-70). BY Conservation and Production Act f nMtm:.i'tMVMi'WA+YMY' A , • yCCEM1' proposals from Texas units of Local Government were received in accord with an announcement published In the Texas-1 e lster Volume 3, Number 31, Pages !546_1547, April 220 1980. ! This program Is funded in part oy a grant from the United Slates Department of Energy. Iff. Statement of Services The parties herein do hereby agree that the Contra^.or, In consideration of the compensation hereinafter described, will provide the following services: A. Develop a detailed workplan to Include: 1. Schedule of activities, hearing dates, and Task Force meetings, 2. Task Force composition/organization, and 3. Components of the Action Plan= R. Conduct the community-wide energy audit in accord with the Mittman Method or other similar approved method; C. Develop Issues, needs, and objectives based on resultsi comprehensive energy audit f D. Select suitable alternative strateglesl , E. Prepare Oyu draft Action Planland F Finalize and submit the Action Plan to City Council for adoption. f All of tho above are inoro specifically described In Contractor's proposal attached hereto as "Attachment All and Incorporate herein for all purposes. The Contractor shall submit such records, information, and reports In such form and at such times as may be required by the Agency. Contractor shall Include, but not be limited to the reports speThe repts cified belowtqutred of i a.'or_ kpjan Due toter 1 1980 a b. Energy Audit Due January 1, 19$1 , C4 Needs i, HIM. Objectives Due arch 1, 1981 d. Alternative Strata RtesDue ~1ay 1, 1981 e. Draft Action Plan Due . 7ul 1, 1981 f. Final Action Plan Due September 1 1981 r- , I . I t M I i~ g. Monthly Progress Reports Due throughout h. Final Report/Internal Evaluation Due September 151 1981 IV. Term of Contract This contract and agreement shall commence September 1, 1980 and shall continue unless terminated earlier by other provisions of this contract untIl September 30, 1981. F V. Compensation and Payment For and In consideration of the delivery of the herein described services to be provided by the Contractor, the Agency agrees and covenants to provide as compensation up to and not to exceed the sum of Fifty One Thousand Three Hundred Fifty Dollars ($51,350) for reimbursement of allowable expenses Incurred pursuant to the budget attached hereto as "Attachment S" and Incorporated herein for all purposes. Travel, If any, shall be at State of Texas employee approved rates. Request for payment shall be by State of Texas purchase voucher supported by an Invoice detailing expense by budget category with accounting o.f prior reimbursed costs, current request and balance of budget remaining. Said Invoice shall be fully supported by actual receipts and other documentation to allow for full substantiation of costs Incurred. Request for ratmbu:sement shall coincide with submission of required performance reports and Payment processed upon approval of said report. To Insure full compliance with the described performance of the Contractor, final payment In an amount equal to 10% of the contract total shall be withheld uatti delivery and approval of the final report and/or all deliverables required herein. Vt. Matching Services and Funds 1Chcre matching services and other matching funds are provided in Contractor's proposal and/or post-prof al negotiations with the Texas Energy and Natural Resourres Advisory Council, the Texas Energy and ;Natural Resources Advisory Council will require documentation of such matching contributions. For matching f cash contributions and services from other sources, letter commitment from the funding source will be required before any disbursement of funds obligated hereunder. Documentation of the use of such matching cash contributions and/or services will be required at the close of the contract before final payment. In all casos, not-withstanding other provisions of this contract o , re matcfiin- cash co)trilfutlons and/or services are required, this contract is contingent upon receipt I of s-.10 contributions, and failure to obtain same shall subject Contractor to the redaction In funds available herein up to the deficiency or the total of this contract whu:hovrr Is the lesser. ~ i r i G'• I i f Y I I e.reo~ ' •1 . J •:3 VIL Inspection do Mon?toring The Contractor shall permit Agency to Inspect and shall make available to the' Agency, for Inspection any or all pertinent records!Iles information or other writtain; m :.nErmaedaterialContractor bypertatning to the operation of programs and expenditure of fends ' or any other person or other entity with whom any portion of the performance hereunder has been subcontracted. The Contractor t further agrees to maintain all such records for a period of three years and make available same to the Agency or agencies of the Federal Government for purposes of audit. The Contractor further agrees that the Agency may carry out monitoring and evaluation activities to insure adherence by the Contractor to the work program which Is the subject of this contract, A Vill. Copyright & Acknowledgement The Contractor will not assert any rights at common law or In equity or establish any claim to statutory copyright In any material or Information developed cinder this contract, and Agency shall have the right to use, reproduce or publish any or all of such information and other materials without the necessity of obtaining arty j permission from Contractor and without expense or charge. All reports and other materials completed as a result of this contract shall carry an a f acknowledgement of Agency support on the front caver or title pproprlate document and other materials, Any further usage page at such developed under contract herein shall be subject to prier Contractor materials approval by the e Agency. IX. Termination Either party to this contract shall have the right, In such such party's sole option, to terminate and bring to an end all~performi nces to be rendered under this contract by notifying the other party In writing of such I' i termination at least 30 days prior to the effective date of termination. Upon termination or receipt of notice to terminate whichever occurs first, the Contractor shall cancel, withdraw or otherwise terminate or subcontracts , an outstanding cts Y which rotate the performance of this contract ad oshal! otherwise cease to Incur coots hereunder. In no event shall the Agency be liable to the Contractor or Contractor's cr . 1tors for expenses Incurred after the termination date. X. Independent Contractor It is e,,pressly understood and agreed by both parties tho Agency contrarrting with the Contractor as an Independent hereto that and that he Contractor, as such, agrees to hold the Agency harmless and to Indemnify It from i Y r 1 F Fi . ..r. .r. F n.1.r:rb.Y LY41 McJ'.ro.M ~l.(~~F~. ~MV1'# f 1 and against any and all claims, demands, and causes of action of every kind and chara; ice which may be asserted by any third party occuring or In any way Incident to, arising out of, or In connection with the servlces to be performed by the Contractor under this contract. XI. Subcontracting Contractor shall subcontract for the performances specified herein only where such subcontracts and the subcontractors are expressly specified herein or with the prior written approval of such subcontracts and subcontractors by the Agency. Contrac- tor, In subcontracting any of the performances hereunder, shall legally bind subcontractors to perform subject to all the duties, requirements, and obligations specified of Contractor herein with respect to such performance or any portion thereof. In no event shall any provision of this Section, speciflcalJy Including the require- ment that Contractor obtain the prior approval of Agency on Contractor's subcon- tracts, be construed as relieving Contractor of the responsibility for insuring that the performances rendered under all subcontracts are rend*red so as to comply with all the terms and provisions of this contract as of the performances rendered were rendered by Contractor hereunder. XII. Amendment do Changes Any alteration, addition, or deletion to the terms of this contract shall be by amendment hereto to writing and executed by both parties hereto on or before the proposed effective date of said amendment. Xlli. Assurances The Contractor assures that no person shall, on the grounds of race, creed, color, handicap, national orlgln, sex, political affiilatlon or beilefs, be excluded from, be 3 denied tho benefit of, or be subjected to discriminatlon under an program or activity funded In whole or In part under this agreement or otherwise under the Contractors control. Incorporated by reference the same as It specifically written regulations and all other requirements Imposed by law, Icluding tr not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas, XIV. Funding ' It Is expressly understood and agreed by the parties hereto that all performances on the part of the Agency are contingent upon and subject to actual receipt by the Agency of sufficient and adequate funds and for other consideration from the f I I I , ti sources contemplate: by this contract outside the Agency to fully perform the obligations and duties of the Agency as specified by this contract. Having, agreed to the terms herein, the Parties do hereby execute this contract this day of 1980. Texas Energy and Natural Resources Contractors City of Denton, Texas Advisory Council by by ' Milton L. Hol oti o-Ay G. Chris Hartung Executive Director ty manager Approval Recom~ended: Bill Lau derbac l e r Zm t y Dlr ctor Genera ounsel I_ it LotA as D. wr B t L 01_~ ter Division Director Flscal Officer • r i I I J j I y Y•.~ ~ _ ........,~.y avwa.Aec l,waw~ YVW A:! i r s to',esA STATE OF TFIXAS COUNTY OF DENTON AGREEMENT FOR PROFESSIONAL SERVICES PART L PARTIES TO AGREEMENT This contract and agreement Is made by and for the City of Denton, Texas, hereinafter referred to as the City, and PLANERGY, Inc. of Austin, Texas, hereinafter referred to as the Consultant. The parties agree generally and separately to the ob.igatioru expressed in this contract, and to the completion of the tasks as delineated. PART U. SCOPE OF SERVICES The Consultant is hereby retained to provide the following services to the City relative to the State of Texas Comprehensive Community Energy Management Program (CCEMPN Task 1 - Develop the Work Plan. Consultant will draft the City's work plan in cons tatlon with the City, an provide for review and comment on the Citys work plan as required and described by the State's Request for Proposal for the CCEMP. Following review and comment, Consultant will finalize. Task 2 - Conduct the Communit Wlde Ener Audit. Utilizing the worksheets and methodologies provided In the three-vobnne"ttman Methodology," Consultant will complete all necessary energy audit forms contained In Volume Ill, or provide explanation as to the use of any alternative forms or methalologles. The City kill provide local data collection In the manner requested by the Consultant. Co,t;ultant's Involvement in local data collection will be limited to the followlnip 1. Assimilation and correlation of all data collected. 2. Completion of all forms. 3. Develomnent of, and responsibility for the accuracy of, all data and changes In methodology. 4. On-site limited verification audits (to consist of building slit, energy use and type of fuel, and type of facility) of various types of structures ]n the City. The on-site verification audits will be toed to supplement other audit results avallable from previous and on-going audit programs already underway in the City. No more than 100 such audits will be required of the Consultant, and the City may elect to provide other new audits as necessary for the purpose of testing the Hinman Methodology. I Task 3 - Develop IssuesJ Needs and O ectlves. Consultant will work with the E P Director and Manager in the City to velop a mac,ageable and thorough process to develop energy Issues, nets, objectives and goals for the City. The City will conduct the program, once developed, principally through a newly-created Energy Management Task Force. t F t'J4 L~Y1~ V Consultant will attend Task Force meetings and will compile in written form the results and findings of the Task Force. . Task 4 - Determine Alternative Strati es. The Task Force will develop alternative strategies to meet the Issues, needs, eta identified in Task 3. Consultant will prepare these Into a report that includes a popularized version of the issues and alternative actlens for public release to elicit citizen Input. Task 3 - Pre a the Draft Action Plan. Based on Task Force, public and staff comment on t ssue$ an strategies, consultant will formulate a draft action plan for presentation to the public in an open hearing (or hearts gs). Documents such as the City's "Power Supply Study" and a recent Texas Municipal Power Agency (TMPA) load forecast will be used in plan preparation. Task 6 - Finalize Action Plan for Council Action. Consultant will participate in the public hearing(s) will finalize the ct on lan based on the results of the hearing and further study by City CCEMP staff. PART M. DELIVERABLES Consultant will provide five (5) spiral bound copies of all final reports/finding: in each task. i Prior to preparation of the final task reports, three (3) draft copies will be provided to the City for review and comment. PART IV. SCHEDULE The following schedule shall be adhered to-- Product Deadline Final Workplan September 30, 1980 Energy Audit December 31, 1930 E ? Needs, Issues, Objectives February 28, 1981 Alternative Strategies April 30, 1981 Draft Action Plan June 30, 1981 Final Action Plan August 31, 1981 City Council Action August 3l, 1981 This contract shall be effective September 1, 1980, and continue though August 31, 1981. J PART V. COMMNSAT1ON For services rendered, the City shall pay the Consultant a sum not to exceed Twenty-Four Thousand dollars ($24,000). Payment shall be for staff services, travel and approved expenditures for printing and long distance telephone. The Consultant will provide a mirtimun of 650 hours of professional staff time to the project. Payment shall be made upon receipt of monthly bills. r j t ! ~Pw PART VI. INSPECTION AND MONITORING The Consultant shall permit the City to Inspect and shall make available to the City for inspection any or all pertinent records, files, information or other written material pertaining to the operation of programs and expenditure of funds maintained by Consultant. The Consultant further agrees to maintain all such records for a period of three years and make available same to the City for purposes of audit. The Consultant further agrees that the City may carry out monitoring and evaluation activities to Insure adherence by the Consultant to the work program which Is the subject of this contract. PART VD. COPYRIGHT AND ACKNOWLEDGEMENT The Consultant will not assert any rights at common law or In equity or establish any claim to statutory copyright to any material or Information developed under this contract, and the City shall have the right to use, reproduce and publish any or all of such information and other materials without the necessity of obtaining any permission from the Consultant and without expense or charge. All reports and other materials completed as a result of this contract shall carry an appropriate acknowledgement of the City support on the front cover or title pege of such document and other materials. Any further usage by Consultant of materials developed under contract herein shall be subject to prior approval by the City. PART Val. TERMINATION Either party to this contract shall have the right, in such party's sole discretion and such party's sole option, to terminate and bring to an end all performances to be rendered under this contract by notifying the other party In writing of such termination at least 30 E days prior to the effective date of termination. Upon termination, the Consultant shall cancel, wlthdraw or otherwise terminate, any outstanding orders or subcontracts which relate to the performance of this contract and shall otherwise cease to incur costs hereunder. In no event shall the City be liable to the Consultant or Consultant's creditors for expenses incurred after the termination date. E PART IX. AMENDMENT AND CHANGES Any alternation, addition, or deletion to the terms of this contract shall be by amendment hereto In writing and executed by both parties hereto on or before the proposed effective date of said amendment. PART X< ASSURANCES The Consultant assures that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subjected to discrimination under any program or activity funded In whole or In part under this agreement or otherwise under the Consultants. Incorporated by reference the same as U specifically written herein are rules, regulations and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agency providing funds to the State of Texas. i I 3 v PART XI. FUNDING It Is expressly understood and agreed by the parties hereto that ail performances on the part of the City are contingent upon actual receipt by the City of s0ficient and adequate funds from the Texas Energy , %d Natural Resources Advisory Council (TENRAC). Having agreed to the terms herelN the Parties do hereby execute this contract this day of .1980. CITY OF DENTON PI_ANERGY, INC. Chris Hartung Wayne N. Brown City Manager Prident i E { { i j t 1 9 { r