1994-066E:\~PDOCS\ORD\TNRCC
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION TO ESTABLISH AND OPERATE A DEMONSTRATION
COMPOSTING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
Interlocal Agreement between the city of Denton and Texas Natural
Resource Conservation Commission to establish and operate a demon-
stration composting project, under the terms and conditions con-
tained in said Agreement, which is attached hereto and made a part
hereof.
SECTION II. That the city Council hereby authorizes the
expenditure of funds in the amount of $40,000.00 for the estab-
lishment and operation of said composting project, as specified in
the Agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.~
PASSED AND APPROVED this the /~ day of _~/~/ ,
1994.
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. DRAYOVITCH, CITY ATTORNEY
EXHIBIT 1
TO ATTACHMENT C
DESIGNATION OF AUTHORIZED REPRESENTATIVES
AND
DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW
TNRCC Contract No. 4100000069
EXHIBIT 1
TO ATTACHMENT C
DESIGNATION OF AUTHORIZED REPRESENTATIVES
AND
DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW
1. DESIGNATION OF AUTHORIZED REPRESENTATIVES
(a) The Executive Director of TNRCC hereby designates the
individual named below as the person authorized to give
direction to the PERFORMING PARTY as an Authorized
Representative of the FUNDING AGENCY:
Kitty Coley, Composting Program Manager
Office of Pollution Prevention and Recycling
Texas Natural Resource Conservation Commission
P. O. Box 13087
Austin, Texas 78711-3087
(b) The PERFORMING PARTY hereby designates the individual named
below as the person authorized to receive direction from the
FUNDING AGENCY, to manage the work being performed, and to act
on behalf of the PERFORMING PARTY as an Authorized
Representative:
Cecile Carson, Community Improvement Coordinator
Beautification, Planning, and Development Department
City of Denton
215 East McKinney Street
Denton, Texas 76201
2. DESIGNATED LOCATION FOR RECOP. D ACCESS AND REVIEW
eautlflCatlon, Planning, and Development Department
City of Denton
215 East McKinney Street
Denton, Texas 76201
TNRCC Contract No. 4100000069
TNRCC Contraot
THE STATE OF TEXAS
COUNTY OF TRAVIS
INTERLOCAL CONTRACT
THIS INTERLOCAL (INTERGOVERNMENTAL) CONTRACT (herein referred to as
the "contract'') is entered into by and between the governmental
entities shown below as ,,Contracting Parties", pursuant to the
authority granted 9qd in complia~fe_~w..~_~.h~e provisions of the
.interlOcal Cooperation Act", TEXAs uoYm~-~ CODE, Chapter 791.
I. CONTRACTING PARTIES:
The Funding Agency: Texas Natural Resource Conservation
Commission (TNRCC)
The Performing Party: City of Denton
II. ACTIVITIES TO BE PERFOP. MED:
See ,,Attachment A Scope of Services and Schedule of
Deliverables"
III. BASES FOR CALCULATING REIMBURSABLE COSTS:
See ,,Attachment B Eligible Reimbursable Costs and
payment Procedures"
IV. CONTRACT AMOUNT:
The total cost of services to be performed in connection
with this Contract is: forty thousand dollars ,
_Q~_~Q~_0_Q_Q~. payments under this Contract are contingent
upon the PERPORMING PARTY providing matching funds for
fifty percent (50%) of the total project cost. The
PERFORMING PARTY shall, therefore, be reimbursed fifty
percent (50%) of the total allowable costs documented in
each payment request such that payments by the FUNDING
AGENCY to th~ PERFORMING PARTY shall at no time exceed
fifty percent (50%) of the total allowable costs or
twenty thousand dollars, ~, whichever is less.
Any program costs in excess of 20~_~Q~Q_Q_Q__ are the
obligation of the PERFORMING PARTY.
Page 1
V. ADDITIONAL CONTP. ACT PROVISIONS~
See "Attachment C - Additional Contract Provisions,,
VI. ATTACHMENTS~
Attachments "A C", "Exhibit 1" and "Exhibit 2" to
Attachment A, and "Exhibit 1 to Attachment C" are
attached to this Contract and are hereby incorporated
herein and made a part of this Contract for all
purposes.
VII. TERM OF CONTRACT~
This Contract begins Januarv 1, 1994' and terminates
December 31, 1994.
The TEXAS NATUP~ALRESOURCE CONSERVATION COMMISSION (FUNDING AGENCY)
certifies that it has the authority to contract for the above
services by authority granted in the Current APpropriations Act;
TEX. WATER CODE ~5,229 and HEALTH AND SAFETY CODE ~361.014,
~361,428, and §363.095 (b) and (c).
The PERFORMING PARTY certifies that it has authority to perform the
services contracted for by authority granted in Ordinance
..Number 94-066, adopted by the Denton City Council on
April 19, 1994.
FUNDING AGENCY PERFORMING PARTY
Texas Natural Resource
Conservation Commission Citv of Denton , /
(Name of Agency) __~am~/~6f Party)/] ,/
By: (Authorized Signature) By: ~u~ho~ized Signet/)-
(Printed Name) (Printed Name)
(Title) (Title)
Date: Date:
TNRCC Contract No. 4100000069
Page 2
ATTAC~F/~TA
SCOPE OF SERVICES
AND
SCHEDULE OF DELIVEi~%BLES
TNRCC Contract No, 4100000069
ATTACHMENT A
SCOPE OF SERVICES
SCHEDULE OF DELIVERABLES
ARTICLE 1. .SUMMARY AND GENERAL PROVISIONS
(a) The PERFORMING PARTY will establish and operate a
demonstration composting project in accordance with its
Municipal Solid Waste Composting Demonstration Grants proposal
(hereafter called the "Narrative Proposal") submitted to the
FUNDING AGENCY for State Fiscal Year 1994. The objectives of
the project are to:
(1) Demonstrate how composting technology can be used to
minimize waste or recover resources currently entering
the municipal solid waste stream;
(2) Increase the value, usefulness, and availability of
recovered resources through composting; and
(3) Provide public education, related to efficient and wise
use of natural resources and protection of public health
and the environment, through community outreach programs.
(b) The PERFORMING PARTY will receive financial assistance from
the FUNDING AGENCY for the program and period specified in
this Contract, unless this Contract is properly amended or
extended. This grant requires at least 50 percent funding
match by the PERFORMING PARTY.
(c) The geographical area covered by the grant project shall be
within the incorporated limits of Denton, Texas,
(d) The PERFORMING PARTY shall conduct the project in accordance
with this "Scope of Services and Schedule of Deliverables,, and
the "Narrative Proposal" submitted by the PERFORMING PARTY
with the grant application. The Narrative Proposal is
Exhibit 1 to this Attachment. Where provisions of the
Narrative Proposal conflict with the Scope of Services and
Schedule of Deliverables, the provisions of the Scope of
Services and Schedule of Deliverables of this Contract shall
prevail.
(e) None of the funds included in the budget for this Contract
shall be used to pay overtime. The PERFORMING PARTY shall be
responsible for any obligations of overtime pay due employees
and any such obligations shall be exclusive of the budget in
this Contract.
(f) None of the funds included in the budget for this Contract
shall be used to purchase computer equipment or software.
TNRCC Contract No. 4100000069 Attachment A, Page 1
ARTICLE 2. P~PORTIN~
(a) For every State Piscal Year quarter (three month period) or
part of a State Piscal Year quarterly period covered by this
Contract, the PERFORMING PARTY shall submit a Project Activity
Report to the PUNDING AGENCY which shall summarize the grant
project related activities that occurred during the quarter.
A report shall be due the 20th calendar day following the end
of each quarterly reporting period. As a minimum, a report
shall include information on the following items:
(1) Details of any construction in progress or completed;
(2) Details of any major purchases;
(3) Details of any technical assistance that may be needed;
and
(4) A detailed summary of activities accomplished to date,
especially public awareness activities.
(b) The pERPORMING PARTY shall submit, not later than 30 days
following the end of the Contract term, a Project Activity
Summary Report to the FUNDING AGENCY, which shall consist of
a comprehensive detailed summary of the activities, problems
and accomplishments of the composting demonstration project
that occurred during the te~ of the Contract. The PUNDING
AGENCY will develop and issue (to the PERPORMING PARTY)
guidelines for the Project Activity Summary report.
{c) Additional reporting requirements, related to grant project
expenditures, are addressed in Attachment B, Articles 4, 5,
and 6 of this Contract. In instances where the PERPORMING
PARTY wishes to be reimbursed monthly rather than quarterly,
then a TNRCC Pinancial Status Report shall be submitted each
month.
ARTICLE 3. COMMUNITY EDUCATION
Community education is an integral part of this Contract. The
PERFORMING PARTY shall make its composting facility available to
the general public as a demonstration site, and shall provide
tours, printed educational materials and project descriptions to
interested parties. The PERPORMING PARTY shall conduct one or more
additional community education activities during the Contract term.
Additional activities include but are not limited to:
(a) Presentation(s) at schools, neighborhood organization
meetings, service organization meetings, etc;
(b) Newspaper and newsletter articles or advertisements;
(c) Information flyers distributed to target areas; and
(d) Radio and/or television programs and advertisements or other
media campaigns.
TNRCC Contra~ No, 4100000069 A~achmentA, Page2
EXHIBIT 1
TO ATTACHMENT A
NARRATIVE PROPOSAL SUBMITTED BY THE PERFORMIN~ PARTY
TNRCC Contract No, 4100000069
MUNICIPAL SOLID WASTE COMPOSTING
DEMONSTRATION GRANT TEXAS WATER COMMISSION
MUNICIPAL SOLID WASTE COMPOSTING DEMONSTRATION GRANT
TEXAS WATER COMMISSION
GENERAL
The City of Denton, in conjunction with the Texas Agricultural
Extension Service-Denton County, is applying for a grant from the
Texas Water Commission to continue, a demonstration and public
education program on composting. The grant will provide funding
for compost units, educational mate~ials, public service
announcements, distribution of the demonstration report, and an
intern to coordinate these efforts.
PROPOSAL
Denton residents have participated in a backyard composting program
for the past seven months. The residents have assembled and used
backyard compost units and have provided data to the Gity of
Denton. The study was done to determine the best units by
evaluating factors including ease of assembly, time needed to
complete the composting process, and volume of material generated.
The ultimate goal of the City of Denton is to reduce the amount of
· -. yard waste entering the Denton Municipal Landfill.
The 1992-93 program evaluated ten different types of units. To
continue the project, demonstrators would be selected to test two'
additional tumbler compost units. The data will be- added to
existing report to be' distribdted through the Texas Agricultural
extension service.
A report and compost "recipe" card created under the previous grant
will be finalized and printed. The material will be distributed
with the assistance of the Texas Agricultural Extension Service.
In addition educational materials will be distributed to
approximately 50 cities in the Keep Texas Beautiful system.
Additional educational materials will be produced for distribution
to all ~esidential solid waste customers.
RESULTS ...... .-.
The data collected will be published in a ceport to be distributed
through the Texas Agricultural 'Extension Service, The data
includes type of units~ types of material used~ and volume of
material produced, A small recipe card will be provided which will
include simple steps to a successful compost process.
EDUCATIONAL MATERIALS
A public service announcement will be produced for the local cable
network. The psa will air for two months. It will be designed to
provide information as well as encourage composting projects.
A utility bill insert will be distributed to 30,000 residential
electric customers. The insert will provide educational
information on composting and recommended units.
The demonstration program will also include distribution of compost
units to all elementary schools in Denton. Fifth grade classes
will be targeted to receive compost units and provided' with
curriculum materials. Representatives from Keep Denton Beautiful
and the Texas Agricultural Extension Service will provide guest
speakers and technical assistance.
SUMMARY
With approximately 25% of residential solid waste identified as
yard waste, Denton is actively pursuing methods to reduce the
amount of yard waste entering the landfill. Beginning in the Fall
of 1993, Denton Municipal Utilities is proposing a limited separate
yard waste collection system. By encouraging backyard composting
we will be able to reduce the volume of material collected.' Since
customers will be charged based on the volume of material placed at
the curb, we will need to provide broad based educational materials'
on composting as an alternative.
2
IN KIND CONTRIBUTION
PERSONNEL
COMMUNITY IMPROVEMENT COORDINATOR
SALARY $ $,161
FRINGE 675
AGRICULTURAL EXTENSION SERVIGE
SALARY $ 1,728
FRINGE 226
COMPOST VOLUNTEERS $ 4,900
POSTAGE - UTILITY INSERT $ 7,440
PSA DESIGN 300
WORD PROCESSING 200
TOTAL $20,630
GRANT REQUEST
PERSONNEL
ADMINISTRATIVE INTERN
SALARY @ $6.15 PER HOUR $ 3,200
FRINGE 420
SUPPLIES
COMPOST BINS $ 8,000
FILM, PAPER .. . $ 500
OTHER
PRINTING _ _ $ 2,D00
POSTAGE $ ~00
COPIES $
PUBLIC sERVICE ANNOUNCEMENT $ 1,000
TOTAL $19.620
Sm,~:e of
~dgmt Categories C1) Stltt ~LId (2) ~LI~C C3) ALL 0~ C~) Total
b. ~H~* ~fSt, 420 ~[ . 1321
d. ~[I. (t~ m~ S~> 8500 8500
~h. ~h~ 5000 7940 12940
(~ · m~ h) 19620 20630 40250
A. TOT~S (~ ~ ~ J) S ~9620 S 20630 S S 40250
(2) 0 ~iL Rate
Cb) ~ P~tllnt ~-~t
" Cc) O ~t ~td ~ .....
.-- ' - (d~ ~l~ty i~llfl ~ W ~tat rate Is ~t~tlt~
6. Perw~eL Budget
¢1) (Z) (3) (&) (5)
~ In P~jw~ ~rl~t~ CF~'s)
Comntey Improvemene Coordtpaeor '2867 .15 12 51~1
Ag. ~tention - HorCiculturaltsc 28~9 .05 12 1728
~' Administrative Inte~ 266.66 100 12 3200
d. Volunteers 980 ~ $5 per hour 4900 '-. I00 10 4900
f.
h.
1.
/
The amount on the Fiscal Budget requested for supplies is:
For any supplies tha~ have a unit cos= of a= leas~ $100 but
less =hah $500, describe the types and numbers of items you
in=end to purchase with grant funds.
Supplies would include compost bins and tools. Most bins are under
$100, but one type will exceed $100. We plan to purchase tumbler
bins which range from $200 to $300 each. In our previous grant request
we excluded these bins due to cost; however, we have received numerous
.~qu-i.res about the quality and productivity of r~hese bins. Our
~oal iS to purchase two (2) types of tumbler bins and distribu~.e
twenty (20) to demonstrators for evaluation. The data collected.
would be added to the data gathered on the ten (10) other ty~es of
units tested in the first grant.
9. Equipment Information (supplement to item
The amount on the Fiscal Budget reqxlested for eqUipment is:
$ 2500 .
Itemize, describe, and Justify all eqUipment. Add pages as
necessary, by attachments to this page. When itemizing
eqUipment, separate into the following categories as
applicable:
a. Com~uter Hardware d. Vehicles
b. Computer Software e. Other
c. Furniture
a. Computer Hardware: A IBM capable computer is necess~a~to complete
the report to be distrtbuted/t~ all County
Extension Offices. The~puter will provide
intern with ~ abili~ analyze data collected
in previous years.,.a~d create new documents for
~er quality prin~ing is currently
dis=ribu~ou.
unavailabl~nd ~his would
' differe~in the ability ~o do lay-outs of
Computer ~d prin~er are
educa~nal
~rials.
"' esttm-ted a: $1,800.~
b. Computer Software: Software would b~"p~m!Ced ~o those
pac~ses necess~Co complete doc~en=acions .......
Proposal in. es $700 for word processing and
grap~a~. · --:-
7
'10. Contractor Informa=ion (supplement to item $.f.)
If all or part of the proposed project is to be performed by a
contractor, describe the function and purpoee of the
contractor, how the contra¢=or was or will be selected, and how
the contractor will be reimbursed. Add pages as necessary, as
attachments to this page.
NOT A~PLICABLE
EXHIBIT 2
TO ATTACHF~ENT A
SCHEDULE OF DELIVERABLES
TNRCC Contract No. 4100000069
EXHIBIT 2
TO ATTACHMENT A
SCHEDULE OF DELIVEP. ABLES
PERFORMING PARTY FUNDING AGENCY
01-20-94 Begin contract program 01-20-94 Develop Project
activities; purchase Activity Report Form.
equipment.
03-20-94 Submit first quarterly 03-30-94 Evaluate quarterly
Project Activity Report and reports and purchase
Financial Status Report.l vouchers; forward
purchase vouchers to
Fiscal for reimburse-
ment of one-half the
eligible project costs.
06-20-94 Submit second quarterly 06'=30-94 Evaluate quarterly
Project Activity Report and reports and purchase
Financial Status Report. vouchers; forward
purchase vouchers to
Fiscal for reimburse-
ment of one-half the
eligible project costs.
06-29-94 Attend mid-year 06-29-94 Conduct mid-year
evaluation conference, evaluation conference.
Provide guidance for
the Project Activity
Summary Report.
09-20-94 Submit third quarterly 09-30-94 Evaluate quarterly
Project Activity Report and reports and purchase
Financial Status Report. vouchers; forward
purchase vouchers to
Fiscal for reimburse-
ment of one-half the
eligible project costs.
12-20-94 Submit fourth quarterly 12-30-94 Conduct end-of-year
Project Activity Report and evaluation; forward
Financial Status Report. purchase vouchers to
Fiscal for reimburse-
ment of one-half the
eligible project costs.
I The PERFORMING PARTY may choose to submit the FINANCIAL
STATUS REPORT monthly rather than quarterly.
TNRCCContra~ No, 4100000069 Exhibit2toA~achmentA, Pagel
,,pERFORMIN~ PARTY FUNDIN~ AGENCY
01-31-95 Submit Project Activity
Summary Report for complete
Contract term.
02-15-95 Submit Final Financial 02-28-95 Process any final
Status Report and any purchase voucher.
purchase voucher necessary
to finalize Contract
payments.
TNRCC Contract No. 4100000069 Exhibit 2 to Attachment A, Page 2
ATTAC}~ENT B
ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES
TNRCC Contract No. 4100000069
ATTACHMENT B
ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES
ARTICLE 1. AUTHORIZED EXPENSES
(a) Total FUNDING AGENCY obligation for expenses (costs) authorized
under this Contract shall not exceed the amount set forth on page 1
of this Contract under Section IV, titled "Contract Amount."
(b) Total authorized expenses, acquisitions or expenditures under this
Contract, including, where applicable, required "matching fund
costs" or "in-kind contributions" are as follows:
Personnel/Salary. ~ $ 15,000
Fringe Benefits 1,500
Travel. . 200
Supplies. 10,000
Equipment -0-
Contractugl . -0-
Construction. · . -0-
Other . 13,300
Total Direct Costs .$ 40,000
Authorized Indirect Costs .$ -0-
TOTAL PROJECT COSTS .$ 40,000
PERFORMING PARTY Share. .$ 20,000
FUNDING AGENCY Share. .$ 20,000
(c) The PERFORMING PARTY is responsible, throughout the term of this
Contract, for tracking and insuring that expenditure amounts under
this Contract remain within the various budget categories set forth
in Section (b) of this Article. If the PERFORMING PARTY determines
that revisions to any of these various, category-specific, amounts
are necessary or believes that revisions to the various category
amounts would be mutually desirable with respect to the work or
services required under this Contract, the PERFORMING PARTY should
contact the FUNDING AGENCY'S Authorized Representative identified in
Subsection 1. (a) of Exhibit 1 to Attachment C to this Contract, and
request direction as to whether a Contract amendment should be
pursued or a minor budget category revision should be requested from
the FUNDING AGENCY.
TNRCC Contract No. 4100000069 Attachment B, Page 1
ARTICLE 2. 'AUTHORIZATION TO PURCHASE EQUIPM]~NT
(a) Except as provided in Section (b) of this Article, equipment items
with aiunit purchase cost of less than $500 are not listed in this
Contract and are not subject to prior approval by the FUNDING AGENCY
before being purchased. However, the PUNDING AGENCY will evaluate
all equipment purchases which utilize grant funds to determine that
such items legitimately serve to fulfill the scope and purpose of
the grant. If equipment purchases do not legitimately serve to
fulfill the scope and purpose of the grant, then the PUNDING AGENCY
will not reimburse the PERFORMING PARTY for such equipment
purchases.
(b) Any computer equipment or software proposed for purchase would
normally be itemized in the Equipment budget category regardless of
whether the unit cost is $500 or less. However, no computer
equipment is authorized to be purchased under this grant contract
budget.
(c) Requirements related to ownership (title) to equipment, equipment
records and reports, equipment replacement, and other related
provisions are contained in Article 7 of Attachment C of this
Contract.
(d) Th~ following items of equipment are hereby authorized to be
purchased or acquired under this Contract:
Number Description ~temCost Total
-0- {NO EQUIPMENT HAS PRIOR APPROVAL UNDER $ -0- $
THIS CONTRACT)
ARTICLE 3. ADDITIONAL AUTHORIZATIONS P~EQUIRED
In addition to the budget and purchasing requirements contained in
Articles I and 2 of this Attachment, the PERFORMING PARTY shall comply
with the following expenditure requirements:
(a) TraveI-Related Costs. Ail travel related expenses, whether for in-
state ~or out-of-state travel, will be claimed (i.e., reported for
reimbursement) at the ss/ne rates allowed by the PERFORMING PARTY for
its employees or by the State of Texas for its employees, whichever
is less. Automobile mileage will be reimbursed at no more than 28
cents per mile; per diem will be for actual costs (lodging and
meals) up to $80 per day per individual (maximum of $25 for meals
and $55 for lodging). Unless specifically authorized in Attachment
A of this Contract, no out-of-state travel expenses shall be
eligible for reimbursement unless such travel has been approved
ahead:of time, in writing, by the FUNDING AGENCY. Ail travel for
which expenses are claimed must be in connection with the scope of
work or services required under Attachment A of this Contract.
TNRCC Contract No. 4100000069 Attachment B, Page 2
(b) Equipment Expenditures Unless otherwise specifically authorized in
Article 2 of this Attachment, no purchases of qulpment (items
e
costing more than $500 dollars, or computer hardware or software)
shall be eligible for elmbursement unless approved ahead of time,
r '
in writing, by the FUNDING AGENCY.
(c) Contractual Expenditures. Unless the intent to utilize a
subcontractor is specifically described in the Narrative Proposal
S
ubmltted by the PERFORMING PARTY (in Exhibit 1 to Attachment A of
this Contract) and authorized in Section (d) of this Article, no
contractual expenses or costs shall be eligible for elmbursement
r '
unless approved ahead of time, in writing, by the FUNDING AGENCY.
In addition, requests for elmbursement of payments made to any
r
subcontractor, under this Contract, are to be accompanied by
invoices from the subcontractor, as described in Article 4,
Subsection (d) (2) of this Attachment.
(d) Primary Subcontractor Approval. The PERFORMING PARTY is hereby
authorized to enter into contracts with the following
subcontractor(s), in total amounts not to exceed the value indicated
in the "Contractual,, budget category of Article 1, Section (b) of
this Attachment. The following described subcontractor is
authorized to be utilized for work done under this Contract.
Selection of this subcontractor, is not subject to the qualification
and appointment process for tlllzatlon of historically
underutilized business (HUB) enterprises described in Article 11 of
Attachment C of this Contract. Use or selection of any other
subcontractor requires prior written approval by the FUNDING
AGENCY's authorized representative, and is sub)ect to the
qualification and ppolntment process for HUB enterprises described
a '
in Article 11 of Attachment C of this Contract.
Name of Authorized Subcontractor, ~aximum Authorized Amount
(NO SUBCONTRACTOR HAS PRIOR APPROVAL UNDER
THIS CONTRACT) $ -0-
(e) Secondary Subcontractor Approval. Contracts which the PERFORMING
PARTY's subcontractor(s) enter(s) into with other parties for the
purpose of performin9 any tasks required by the PERFORMING PARTY
under this Contract do not require prior approval by the FUNDING
AGENCY.
ARTICLE 4. PAYMENT REQUEST PROCEDURES
(a) The PERFORMING PARTY, in order to obtain reimbursement for those
expenditures authorized under this Contract, shall submit, no more
frequently than once per month, a properly completed State of Texas
Purchase Voucher (Comptroller of Public Accounts Form 73-170).
Each submitted voucher shall be accompanied by a properly completed
and signed Financial Status Report (TNRCC Form 269a) which clearly
indicates, for. each budget category in the ContRact~ the PERFORMING
PARTY'S expenditures or enc ~
umbrances for the period in question, the
PERFORMING PARTY'S cumulative expenditures or encumbrances with
respect to each budget category, and the balance remaining in each
category following reimbursement of the amount being requested.
TNRCCContra~ No, 4100000069
A~achmentB, Page3
vouchers and-Financial~Status'~Rep0~s shall contain sufficient
detail for audit thereof. Completed vouchers and their
corresponding Financial Status Report forms, shall be mailed or
delivered, to the attention of the "M~niciDal Solid Waste Grants
Coordinator," at the following address:
Texas Natural Resource Conservation Commission
Municipal Solid Waste Division
P. O. Box 13087
Austin, Texas 78711-3087
(b) To be leligible for reimbursement under this Contract, a cost must
have been incurred within the time period indicated on a Financial
Status Report (TNRCC Form 269a) and either paid by the PERFORMING
PARTY prior to claiming reimbursement from the FUNDING AGENCY or
incurred by the last day of the time period indicated and liquidated
no later than 45 days after the end of the time period indicated on
the Financial Status Report form.
(c) Any request for reimbursement submitted by the PERFORMING PARTY
underithis Contract shall be accompanied by documentation (invoices
from the contractor or vendor) for the expenditure or encumbrance
when any of ~he following conditions exist:
(1) Reimbursement is requested for equipment items described in
this Contract or any subsequent amendment to this Contract; or
(2) Reimbursement is requested for payment(s) to any subcontractor
performing work under this Contract; or
(3) Reimbursement is requested for the purchase of any item or
service for which the individual or aggregate cost of that item
or service, under this Contract, exceeds $500.
(d) All requests for reimbursement from the PERFORMING PARTY to the
FUNDING AGENCY that include personnel costs shall be accompanied by
a listing of each employee's name, title, number of hours worked on
the project and total charges for each employee. This listing shall
be provided on the PERFORMING PARTY'S letterhead and accompany the
required Financial Status Report. Any request for payment which
does not include the above required documentation will not be
processed for payment until such documentation has been received by
the FUNDING AGENCY.
(e) The FUNDING AGENCY reserves the right to suspend payment for any
incomplete, inconsistent, or incorrect services or reports required
by this Contract until the PERFORMING PARTY satisfactorily
completes, revises, or corrects such services or reports.
(f) Failure on the part of the PERFORMING PARTY to comply with all the
conditions set forth in this Contract is a basis for termination of
this Contract and revocation of any unexpended Contract funds.
TNRCC Contract No. 4100000069 Attachment B, Page 4
ARTICLE 5. QUARTEP~LY FINANCIAL STATUS REPORTS
(a) A Financial Status Report (TNRCC Form 269a), containing as its
"report period" the latest State Fiscal Year quarter, shall be
submitted within 20 days following the end of each State Fiscal Year
quarter that is contained within the time period or "term" of this
Contract. Such reports are required even if no expenses or
encumbranses were incurred during the report period.
(b) If, however, the PERFORMING PARTY for purposes of receiving
reimbursement has already submitted, together with State of Texas
Purchase Vouchers, one or more (i.e. monthly) Financial Status
Report forms that cover the entire State Fiscal Year quarterly time
period, the report required under Section (a) of this Article shall
be considered as having been submitted.
ARTICLE 6. ANNUAL/FINAL FINANCIAL STATUS REPORT
A final Financial Status Report, utilizing TNRCC Form 269a, shall be
submitted by the PERFORMING PARTY by not later than 45 days following the
end of the Contract term. If necessary, a State of Texas Purchase
Voucher will be submitted if all costs have not been recovered, or a
refund will be made of excess monies if costs incurred were less than
funds received.
TNRCC Contract No. 4100000069 Attachment B, Page 5
ATTAC~ C
ADDITIONAL CONTRACT PROVISIONS
TNRCC Contract No. 4100000069
ARTICLE 1. GENERAL RESPONSIBILItIES'OF ~ PERFORMING PARTY
technical accu~a~, =~e~y completion and =he coordin~=ion of *11
accomplish the wo=k under this Con=tact, In acco=dance with this
and applicable ~DING AGENCY re~ir~en=s and ~y and all applica~m law.
(c) Nmi=her =hi F~ING AGENt'S =IViIW, app=oval o= acceptance of,
(d) In perfo~ing any sluices he=eunde=, the PERFO~ING p~ is, and
under=ekes perfo~ance as, ~n independent con,rat=o=.
(e) The PERFO~ING P~TY agrees =o ho~d h~less' ~he FU~ING AGENCY and all of
arising out of o= ~nciden~ =o ~he PE~O~ING P~'S work perfo~ance
(f) The ob~ig&=ion, of =he PE~O~ING P~ unde= =his ~lcll are in
Contract or applic~le law.
pa~en~ unde~ ~his Con~ac~ fo~ such ~k, o~ prio~ ~o le~l~n~
(a) This Contract shall =e~ina=e u~n full pecfo~ance of all =~iremen=s
=e~lna=ing pa~y, provided ~han no such ~emina=ion may be effected
unless =he ocher ~a~y is given~
(1) No= less =hen =eh (10) days writ=mn notice (delivered by ce==ified
~cc In~erlocal ~ntrac~ ...... A~ac~en~ C, Page
Ap~v~ 11-22-L993
(2) An cpp~ccuniC~ for consult&riCh w£Ch the cecm£n&ciflg pa~¥ pr£Or co
FUNDING AGENCY for LOs conveniences Prov£ded chic the PER~O~ING PARTY
which the FUNDING AGENCY ma~ cl~inice fcc coflvlniince lnc~udl, bu~ ace
ncc ~iCed =o, =he Texas Legislature's w~Chdrawal of appropriations fcc
chis
~educcio~ ~c losl o~ Leg~s~aCive appcopriaC~ofll under Section (c) of chis
~cicLe ~i effected by the ~ING AGENt, *n *dJus~enC ~n Che
~ounC Ih*l! be made,
(1) No ~ounC shall be allowed fo= anticipated ~=ofic on
(2) ~y p~enC dui the PE~O~ING P~ AC ~e C~e o~'=e~aCion~y --
~ND=NG AGEN~ ~y reason o~ chi PE~O~ING 9~'S
pa~enC =o the PE~O~ING P~ for se~icel rendered and expenses
incur=ed prior =o =he =e~inaCion, ~n addition co
settlement costs realonabLy incurred by the PE~O~ING
re,aCing co con,races entered into prior co the =e~inaCion.
(e) U~n receipt of a Ce~inaCion notice pursuant uo Sec=ions (b) or (c)
~ove, the PERFO~ING P~TY ihall~
(1) Promptly discontinue all semites affected (unlesl Chi notice directs
oChe~ise)~ and
(2) Deliver o= oche~se make availab~e Co chi F~DING AGEN~ ell dace,
drawings, spec~ficaCions, re~s, esthetes, s~iis, 4nd such
.. ocher Lnfo~acion, maCeriall, and e~i~enC al may have been
acc~ulaC~ by the PE~O~ING P~ ~n ~rfo~ng ~hil ~ncra~,
whether completed or ~
(f) Upon Cad,nation pursuant =o Sections (b) D= (c) ~ove, Chi ~DING AGEN~
may cake ove~ ~d complete the work by &gri~enC w~Ch ~oCher p&~y
(g) ~f, aS=er Ce~in*=ion for failure of =he PE~O~ING P~ co fulfill
contractual obligaCionl, ~C il dece~lnid chic chi PE~O~XNG P~ had
ncc so failed, an ~dJusCmenC o~ the Contract ~ounC shall be made as
provided ~n Section (d) of chis
(h) ' If any de~ay o= failure of 9erfo~ance is ex,led under ~icle 19 o~ =his
ACCac~enC (re~aCing Co Force Majeure), the ~ING AGEN~ma~ in ~cs sole
discretion resinate chis Contract In who~e or ~n pa~. The
AGEN~ ihall give chi PE~O~ING P~ ncc ~esl Chin (10) calendar days'
written no=ice (delivered by cecCifled ~il, .or overnight de~ive~
op~=cuniCy fo= conlu~aCion prior Co Ce~inaCio~. Zf such CesSna=ion
effectS, an e~i=able adjustment shall be made In accordance with Section
(d) of =his ~icle.
ARTICLE 4. CHANGES
(a) The Executive D£reocor of the FUNDING AGENCY, or his Authorized
Representative idencif£e~_£n accordance wichArCicle 14 of chis Attachment
Addl~ion&i Con~rac~ Provisions' A~achAen~ C, Page 2
~NItCC In~er~ocaL Contrac~
Approved 11-22-1~93
changol ~o ~his Con=fac=. Zf such changes cause an lncrOale or dlcrlele
(b) A Major C~ange w~ll ~clude one or more of =hi
PERFO~ING
(4) ~ action ~ha~ Il beyond ~hl auChorl~ of 2he Executive ~reccor
=he F~ING AGENt.
Change. Such change doll no= re.ire A fo~al ~en~en= =o =he ConCrac=.
· .. AGEN~ may re.ire =he PERFO~ING P~ =o .ubm~= a wri==en re~e~= for
g~ve =he PEterING P~ verbal approval for =he change. In si=her case,
w~=h Se~lon (=) of =his
The PEterING P~ shall have an accoun=ing syn=om which accoun=s for
accordance w~h generally accepted accoun=ing e=andards or principles. The
PEterING P~ mus= pro. se and accoun~ for costs Ln a manner tonsil=es=
such s=andard, or principles.
ARTZ~-~ 6. AUDIT, ACCESS ~O P. BCORDS
(a) The PERFORMING PARTY shall main=sin and make ~vail~Le for Lnspec=ion,
audi=, or review books, records, doc~en=s, and o=he= evidence
Additional Con=tact Provisione A=tachman~ C, Page 3
~qRCC ln~erLocaX C~n~rac~
Approved. LI-22-Lg93
ptr~inlnt ~o plrform&ncl on all work undlr this Contra==, including
negotiated changes or amlndmen~e ~herlto, in accordance with
professional practice, ~and appropriate accoun~inq procedures and
AGEN~ fo= =his Con=va==. The FUNDING AGEN~ ~= an~ of irs duly
e=hicl.
(d) Rico=ds under Sec=~on (~) above sha~l be main=a~ned and m~dl
during ~erfo~&nce on work under =h~s Con=fac= and un=~l ~h=l* years from
~i=igacions, c~a~s, o= exceptions.
.... main=ained.
(g) This ~icle (A~IT, AC~SS TO ~CO~S) mus= be included ~n *il
A~TI~.~ 7. TITLE ~O AND MANAO~MEN~ OF EQUIPMENT AND CONSTRUC2ED FACLLI~IES
(c) The PERFO~ING P~ may develop and use irs own p=ope~y managemen=
eye=em which mus= confo~w~Uh all appLic~Le s=a=e and Local laws, .~les
Add£~ional Con~rac~ Provisions, Attac~aent ¢, Page 4
TNltCC In,ergo=al C~n~ract
Approved 11-22-1993
establishing such & system.
(d) A physical lnventoc%- of ail equ~enC or pro~e~ ac~ed oc ~eplaced
unde~ chis Conccacc hav~ng an Ln~c~a~ pucchaee pc~ce o~ ff~ve hundred
d~aqe, o~ Che~ of ~he ~c~red p~ope~Cy. The PERFO~IN~ P~TY
develop and ca=~ ouC a progr~ of property m~ncenAnce ~l neClll~
keep both originally ac~i=ed and any rep%aced property in good condiUion,
(e) AIl e~i~en= ·nd/o= consort=ed facilities ack,red o= replaced under
(f) The PE~O~IN~ P~, oc icl lubqranCle, ma~ fo= Chi pu~ee of
(g) Subject Co Sec=ions {h)-(J) of =his ~=icle, ~f no longer needed
whether origin*~ o= replacement, m&y be used ~n eup~ of
originally ac~l=ed o=
thousand do~larm {~5,000). The ~ING AGra's shoe of =he sale
fair markec, ~r-un~C value of f~vl thousand do~larl (~5,000) o=
Sec=ions (i) and (~) of =his ~/c~l ~=l followed. If =hi
e~i~ent hal a fair ~rkec, per-unit value of ~ive thousand do~lars
($5,000) o= more and Less Chon s~ ye·rs has elapsed from =he
of ~he Co~=rac=, ~he PEterING P~ or =he substances must
F~ING AGEN~ fo= final dis~eiC~on
needed fo= sup~ of Chi prestos or p=o~ec~l rife=red =o In Section
of chis A~icLe,-che FU~ING AGEN~ may-~e-Che-~O~ING
facilities co a chird pa~y n~ed by ~he F~DI~G AGENt.
Additional Contract Provisions, Attachment C, Page $
TNRCC Interloc&l Con~r&o= :
Approved 1L-22-L993
(~) The PERFOI~ING PA~TY agreee chac i~ a dace=mina=ion is made a~car chis
Con=race has =e~minaCed ChaC &ny e~uipmenc or cons~c~ed
of~ch~l ~cLc~l, =he ~ING AG~N~ h~l · right co ~rl ~hl cr&~l~lc of
vn~C v~$ue o~ more ~han ~vl Choulend doLL4=. (S5,000) co
n~id by =he FUNDING AGENCY.
faciliC~ee purchased or consUl=ced w~Ch funds made
PERFO~ING P~TY undec =his Con=race.
The PERFO~ING P~ agrees chat, ~n chi event any funds provided under
Chis Contract ecl Ln cum ~warded co tn~ su~granCie fo= the purchase
ARTI~T-~ 8.
(a) NoCwiChscandlflg any ocher terms in chis Con=race, or any eCCachmenCs or
addenda here=o, or any documents comprising chis Con=race, all claims,
counCe~olaims, disputes, and ocher mac=ers in qume=ion be=wean =he FUNDING
AGENCY and the PERFORMING PARTY arising ouC of or re~&cing co chis
Con=race or =he breach =hereof will be decided in a court of comps=eeC
Jurisdiction in chi ClCy of Austin, Travis County, Texas.
(b) The pa~Cill may agree CO luhmiC cLaiml, counterclaims, diepuCal, and ocher
ma=care ln c~aecion bm=ween =he FUNDING AGENCY and chi PERFORMING PA~TY co
ar~iCraCion or media=ion, buC only by writ=mn amendmanC Co Chis Con=race
signed by both =he FUNDING AGENCY and =he PERFORMING PARTY.
ARTIr"r~m 9. EMI~LOYMEN'2
The PERFO~ING PARTY agrees Chat.in =he Perfo~mancs of Chis Con=race, ic will
disoriminace againlC any employee Or app%lcan= because of race, religion, color,
sex, age, or national origin and tC will com~ly with Executive Order 11246,
eh=SC%ed -Equal EmploymencOppo~cuniCy", al ~mendidby Executive order 1137S, and
as supplemented ~n Department of L~or Rigulac£Onl (Title 41 CFR P~r= 60). The
PER,OPtING PARTY assures chac no person will, on =he grounds of race, creed,
color, handicap, necio~,k- oriq~ -slx,-~o~iCioa~ af~iliac~oTr-~-~iafe, he ' '
excluded from, be denied Chi benefit of, or bm subject co discrimination under
any program or activity funded in whole or parc under chis C~3nCraoc.
ARTI~T.~ LO. AMERICANS W%~ DX~I~ZTXES
The PE~O~ING P~TY ~hall comply with a~l applicable retirements of
~ericans with Dis~iliCiel AcC of 1990, Public Law 101-336, 101sc Congress, led
Session, 104 S~a=. 327 (July 26, 1990).
~Ti~:~ %1. ~I~XON OF HIS~RI~X ~E~ILIZ~ BUSX~SS (~) ~RISES
(a)' A Historically Unde~Cilized Bulineii (~B) Is a Co~=aCion, Sols
~ropcieCorshlp, Pa~=ship, or Joint Venture in which aC ~easC 51
is owned, operated, con=rolled and actively managed by a person
persons who are hilCocically unde~Ciliz~ (socially diladvan=agmd) because
of Chair identification with me,ecs of ce~ain grouply lnc~uding Black
~ericans, Hispanic ~ericanl, Asian Pacific ~eri=ans, Native ~ericans
xpprov.a ~L-22-~993
(Amo=£can ~ndians) and ~omofl who have suffered tho affects cf
dlscr:LminatorypraccLcee or elmira= Insidious circumstances over which they
have ftc ~cfltrol,
(b) In accordance wLeh FUNDING AGENCY ~lic¥, the 9ERFO~ING PARTY
Soction (d) of chis Article, co achieve at lease a thi==¥ percenC (301)
(c) The percentage of HUB parcic£pacicn shall be calculated as a percentage of
the total dollar amount of all subcontracts ~ncluding Chose utilized for
funds awarded b~ tho PER~OR~ING PARTY as subgr&nte CO local govornmonne
poli=ioal subdiv£eione of chi Scats.
(d) If tho PERFOP~ING PARTY fails co achieve cee percent (10%) participation
eve= the du=acioe of this project, iC will demonstrate In writing =hoc
cock thl following affirmative action
(1) P~&ced qualif£ed small, mine=icy, and wcmen'l bueinOil enterprisol
on solicitation
(2) Assured that such businesses and business enterprises were
whenever they were potential sources;
(3) Dlv£ded cone=acc-based requirements, when co do so ts economically
feasible, Into smaller Casks or c~uancic£ee lo al =o permit maximum
(4) £eCabliehed delivery schedules, where the cent=acC requirements'
(S) Utilized =he services and alliitancl available from the Texas
Natural Resource Conservation Cc~m£es£cn'l {TNRCC) Acquiliticn and
Compkianco HUB Coordinator, the Small Business Administration,
· .. and/o= the Mine=icy Bueineel Develo~enC Agency of the DeparCmenc of
Ccmme=ce~ and
(~) Required its eubconCracco=l CO take the affirmative ICepI listed in
Su~secticne (1) - (~) of this Section.
be grounds for cermin&cion of Chil
A~XICLE 12.
(a) For Chi purpole cf Chis Article, "£nCellecCual propo~y" refers to:
(1) A~¥ discovery or £nvenCion for which pacenc rights may be
acquirsd~
(2) Any phoCog=aphs, graphic designs, plans, drawings, specifications,
computer 9rog=ams, technical cede=cs, cps=sting manuals, or other
(3) A~y ocher materials in which intellectual property =£ghCs may be
obtained.
(b) If the PERFORMING PARTY fi=sC ccnceive~ cf, actually puce into practica,
discovers, invents, or prcducel any intellectual property during the
Additional c~n~rac~ P=ovLeLous ACCachnon~ C~ Page 7
Approved LL-22-1993
FUNDING AGENCY.
reproduce ~be ~n~ellec~ual prope~y for
,uCho=Lze o=he=e =o do so. The ~ING AGEN~ also =ese~es * royal=y-
free ~o~lxclus~vl~ a~d Lr=evocab~e license ~o use, publish, o~ ~ep~oduc.
~= ihalm hold Chi ~ING AGENCY h~tll fo= any cla~l fO= lnf=ingemenc
=e~ac~ ~o los work undo= Chis
(e) The ~E~O~ING 9~ ihall ~nclude p=ov~l~Onl ad.ace Co effectuate the
COU~ll Of which ~CI~tcC~)~ ~rO~l~ ~&~ be ~coducld
ARTI~T~ 13. $~G~/~TS AND SUBCONTRACTS
(a) A "lubgranC" ts an sward made by the PERFOR/aING PARTY CO ~noChe=
completion o~ the Sco~ of Se~cel under chis Contras.
are the =lcipienCs of such lu~gran=l.
PE~O~ING P~ in co~ni~on w~h chi lestoil co~l~l~
and any subgranCeel unde~ Ch~l ~nCcacc, shall be ~lCed Co such
individuals or fi~s .as were .specifically identified ~ Accac~inc A of
the F~DING AGENt, cc a ~=som LdenCif~ed in writing
~=icle 14 o~ chil A=cac~enc, during Chi pecfo~ancl of Chil Contract.
~denCified ~n Exh~i= I CO Chis
~TI~ 14. A~ORIZ~
Representative ~l iden=ifi~ in Exh~C 1 Co Chis ACCac~enC.
(~) The Executive O~recco= o~ the ~DING AGEN~ hece~y authorizes such
~denC~ied po=son Co fu~he~ delegate his or he= au~hociC~
~nCluding any de~eg*C~on of authority co a ~ING AGEN~ ~ployee who
no=ice of &n~ such deLega=lon shall be provided =o =he PE~O~ING P~.
(c) The PERFO~ING P~ w~ll ~denCif~ =he person auCho=iz~ co receive
direccio~ from the ~DIN~ AGENt, Co,nags chi work being 9erfo~ed, and
co~ *cc on behalf o8 the PE~O~ING P~. The pi=Ion delLgnaced
AddiCioa~l c~n~rac~ Provis£ons,' Attachment C, Page
~NRCC ~n~eFlocal ConCrac~
Approvod 11-22-1993
conluLca~on ~ch chi F~O~NG AGE~. WcLc~in noc~cl o~ any luch
delegation shaLL be provided co Chi F~DXNG
~Z(~T.~ IS. DAT. A AND
(a) ALi data and ocher £nfocmaCion developed under th~s Cent=ac= shall he
except Co CAe extent chac LC ~8 exempted f~om public accill b7 CAe Texas
Open~ Records ACC, ~'~ ~-- n~-- ~-- '~ '~F~- ("ACC*). Ugon
=a~n==Lon o~ =A~s con==ac=~l~ d~ lnd ~n~o~8=~on sAl~ become
pcoperc~ o~ CAe FUNDXNG AGE~T~X~~ ~OY~~ ~fl~ ~
(b) ~xcepc ~l oChe~ol prov~d~ b~ Ch~l ~nc~, o~ b~ Chi ACC, Chi
PE~FO~ZN~ P~ 8h~ nec p~ovLde d~c~ generated or oChe~ll obc~nid
conducted under =his CoaCrac=.
A~TICLE 16. LICENSES, PF~RXTS AND LAWS
The PERFORMING PARTY ih&ll, excepC ea otherwise pCcv~de~ £n ~hil Contract, be
with any applic~e federal, scats, &nd municip~l ~awl, codll and rip,scions,
In connection with chi work =~lr~ by this ConCra~.
ARTICLE 17. ENERGY EFFTCIENC~ ST~NDARDS
· - The PEterING P~ ~h~Ll foL~ow icanda=dl and ~Lcitl on ener~ efficiency
which are con=ained ~n =hi Tex*l S=~Ce Enec~ ~nle~aCion PL~ ~ssued ~n
com~liance with chi Enec~ Policy ~d ~nsi~=ion A~ (P.L. 94-163).
The PEterING P~ ih&IL acne,edge chi ~n~c~L sup~ of cae F~ING
· ' AGEN~ whenever work fund~, ~ who~l or p~, by this ~nCracc ~l publicized o=
AGENt, shall CaC~ Chi fo~l~ing noC&Cionl on Chi f~nC cover o= title p&ge~
~SO~ ~NS~VA~ON ~XSSZON"
ARTICLE ~9. FORCE M~
(a) A force majeure even= shall be defined co include dec=eel of or restraints
by & governmental ~nstrument&ll=y, &cai cf God (excep= that rain, wind,
flood or ocher natural phen~ena normal~y expected for the Local£ty sh&~L
not be conlt~ &l &n ac= of.God), work ltOpp&gel due to Libor disputes
A~ditional Con==ac= Pcovisione A==achmen~ c, Page
Approved XI-22-1993 :
(b) Sub,eot to the following cond£ttona, end provided thin Contract has not
been terminated as provided by A~ticle 3 Section (h) of this Attachment,
Lf a delay or failure of performance by el=her party results from the
occurrence of a force majeure event, the delay shall be excused and the
time fixed for completion of the work extended by a period equivalent to
=he,time lost because of the event if, and to the extent that:
(I) ~he delay or failure was beyond the control of the party affected
~ and not due =o its fault or negligence; and
(2)~ the delay or failure was not extended because cf the affected
party's failure to use all diligence to overcome the obstacle or to
resume performance immediately after the obstacle was overcome.
(c) No time extension shall be grin=md under this ;article unless the
seeking relief has notified the other in writing within ten (10) calendar
days of the ti~e of commencement of the event, of Chi anticipated length
end.cause of the delay, chi ~MBilUrll taken or to bi =akin to minimize the
delay, and the timetable by which the PE~O~ING P~TY intends to
implement these measures. The par2y seeking relief shall also give
wr£tten notice of the ending of the event within ten (10) calendar days
after the event has ended.
(d) If the PERFOPJ4ING PARTY la the pa~y leeking cellar unde= this ~clc~e,
~he~Murden of prov~ng a force majeure even~ hal occu=r~ remains wi~h
and no ex=snitch shall be gran=ed unleas =he ~ZNG AGEN~ agrees
occurrencl Co~l=i=u=ls a force majeure lying, which agreeme~= ma~ no=
unrealon~ly wi=hhl~d. .
(a) The F~ING AGEN~ shall be rla~nl~e only for =oars ~n~rred b7
PE~O~ZNG P~TY after ~he prior w~i~en re~es~ b~ ~he Executive
connection wl~h ~y force ~Jlurl even=. Nmi=her =he F~ING AGEN~
for an~ d~agea re~ul~Lng from deLayI caul~ by force ~Jeure even~.
~l~T.~ 20. WAlk'It
Unless author£zed in accordance with Article 4 of this Attachment (relating to
Changes), or in writing by the Executive Director of the ~ING AGENt, no
the co~liion. Fu~he~e, unless specif~ed ~che written authorization, the
authorized waiver b~ ~he ~ecuCive Director of ~uch obligation shall nec
remission, ~n accordance with all provis~ons of this Contract.
~I~rf.~ 21. ~NIFOF. M G~%~ AHD CON'~t~C'~ ~t~NAGE~ A~
The prov~sions of =he 'Unifo~Gran= and Cent=ac= Management Ac=', ~X GOV'T CODE
~N. ~783.001 e= ~ (Vernon, 1992)
condiCionl and =e~iremenCl contained charmin Il necessa~ fo= the sa=isle=cory
perfo~a~cm of Ohm se~iCel and work =m~ired under this Con,rat=.
App~ved 11-22-~993
A~.~r'~'~ 22.
Any no=ice or o~her wr£~en co~munic&~ion shall be considered delivered ~hree (3)
authorized representative of
The headings' =o sections contained in =his Con=tact are for c~nven£ence and
re~erence only &nd in no way de~ine~ descr£be, ex=and or ~lm£t =he scope or
ln=en~ of =he substantive provision =o which =he heading applies unless ~he
~It~I~"v~~ 2&. ORDER O~
Unless ·=he=wise stared, · ~istin~ of factors, criteria or subjects ~n =his
Con=tact does no= constitute an order of preference.
ARTXr~-~ 25. SEVERABZLI~Y
any provision of =his Con=tact is hold Lev·lid, such invalidity shall
affect any ·=her provision which can be given effect without the £nval£d
severable.
ARTICLE 26. ASSIGNABILITY
Any attempted assignment or ·=her transfer of =his Contract by PERFORMING PARTY
... wi=hour =he writ=ss consent of =he FUNDING AGENCY shall be void.
This Con=fac= (including the document entitled ~nCerloc&~.Contrac=, and
Attachments A - ¢ thereto and all referenced Exhibits) represents the entire
con=facts between =he parries, whether written or oral.
and shall he s£gned by both parries Ln accordance with ~'~icle 4 of =his
Additional Con~ract P~ov£sione -Att·chess2
T~RCC In=erie=el
Approved 11-22-1993