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2012-239ORDINANCE NO. 20 � 2-239 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERAGENCY COOPERATION CONTRACT BY AND BETWEEN THE UNIVERSITY OF TEXAS AT ARLINGTON AND THE CITY OF DENTON, TEXAS FOR A TERM OF THREE YEARS TO PROVIDE LANDFILL FIELD TESTING AND MONITORING SERVICES, ENHANCED LEACHATE RECIRCULATION MODELING, EFFICIENCY ANALYSES, RESEARCH, DEVELOPMENT OF A MINING METHODOLOGY AND MATERIALS CHARACTERIZATION IN ORDER TO SUPPORT ONGOING STUDIES OF SEVERAL LANDFILL PARAMETERS FOR THE CITY OF DENTON LANDFILL IN AN AMOUNT NOT-TO-EXCEED $344,414; PROVIDING FOR RETROACTIVE APPROVAL, CONFIRMATION AND RATIFICATION THEREOF; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID CONTR.ACT ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (FILE 4816). WHEREAS, the Interagency Cooperation Contract (the "Contract") by and between the City of Denton, Texas and The University of Texas at Arlington ("UTA") referenced herein, was presented to, reviewed by and considered by the Public Utilities Board (the "PUB") at its regularly called meeting of September 10, 2012; and the PUB recommended approval of the Contract by a vote of 5 to 0; and WHEREAS, the City Council finds that the Contract will benefit the City of Denton, Texas and is in the public interest. WHEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l. The City Council hereby approves the Interagency Cooperation Contract by and between the City of Denton, Texas and The University of Texas at Arlington ("UTA") providing for a three-year engagement to provide for services pertaining to the City of Denton landfill, substantially in accordance with the Interagency Cooperation Contract which is attached hereto and incorporated herein by reference (the "Contract"). SECTION 2. The City Manager, or his designee, is authorized to execute the Contract on behalf of the City. The City Manager, or his designee,.. is, autho�ized to.:carry,. out the Gity's rights and duties under the Contract. SECTION 3. This Contract is hereby approved, confirmed and ratified retroactively, SECTION 4. The City Manager is hereby authorized io expend funds as required by the Contract. SECTION 5. This ordinance shall become effective immediately upon its passage and approvaL �� PASSED AND APPROVED this the � day of , 2012. � � �" MAR� A. BU Q GHS, AYOR � ATTEST: JENNIFER WALTERS, CITY SECRETARY � By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: THE STATE OF TEXAS THE COUNTY OF TRAVIS INTERAGENCY COOPERATION CONTRACT Contract No THIS CONTRACT is entered into by and between the State agencies shown below as Contracting Parties under the authority granted and in compliance with the provisions of Chapter 771 of the Government Code. I. CONTRACTING PARTIES: The Receiving Agency The Performing Agency The City of Denton The University of Texas at Arlington II. STATEMENT OF SERVICES TO BE PERFORMED: The Performing Agency wiil undertake and carry out services described in Attachment A, Scope of Services. III. CONTRACT PAYMENT: The total amount of this contract shall not exceed 344 414/= and shall conform to the provisions of Attachment B, Budget. Payments shall be billed quarterly. IV. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal year is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. This contract begins (May 01, 2012) when fully executed by both parties and terminates April 30, 2015. V. THE AGREEING PARTIES certify that: 1. The services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of State Government. 2. The proposed arrangements serve the interest of efficient and economical administration of the State Government. 3. The services or resources agreed upon are not required by Article XVI, Section 21 of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder. VI. LEGAL AUTHORITY: The Receiving Agency further certifies that it has the authority to request the above services by authority granted in Government Code, Section 771.003 The PerForming Agency further certifies that it has the authority to perform the services by authority granted in Texas Education Code, Sections 65 and 68 and Government Code Chapter 771 This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget, and Attachment C, General Terms and Conditions. THE UNDERSIGNED PARTIES bind themselves to the faithful performance of this contract. THE RECEIVING AGENCY of D c� — AUTHO IZED SIGNATURE C7�D2 C�E �. L f�rYl P,G EL L L' /T'`/ /y1A�/<l GE/� TYPE .�OR PRINTED NAME AND TITLE THE PERFORMING AGENCY The Universit of Texas at Arlin to _ NAf�1.C�OF AG Y AUTHOf,�IZ�D SIGNATURE Jeremy Forsberg, ' Assistant Vice President for Research TYPED�OR PRIf�TED NAME AND TITLE ��� � �201 � � �� � DA E: DATE' 1 � �, ��` APPROVED AS TO LEGAL FORM: ; _ _ _ _ ANITA BURGESS, CITY ATTORNEY- -_By:_ _ _ 1�Page Contract No r_��r<<�:i►��i���r_� Interagency Cooperation Contract Scope of Services The scope of services outlines specific and general taslcs in which the University of Texas at Arlington (UTA) may perform for the City of Denton (COD). The technical tasks under the contract are outlined here: Task 1 a Moisture content monitoring within the landfill solid waste using RI Task 1b Water Balance Modeling for ELR landfill Task 1 c Subsoil profile development using RI for future landfill extension area Task 2a Fugitive Emission Monitoring using Flux Chamber Method Task 2b Efficiency of gas collection system for both Phase 2 and Phase 3 Task 3 Monitoring temperature sensors and settlement plates for Efficiency of Permeable Beds as Leachate Recirculation System Task 4a Review of existing landiill mining methodology and material utilization Task 4b Development of landfill mining methodology and material characterization of the mined landfill waste Task la Monitoring Moisture Content within the Landfll Solid Waste Specific tasks associated within this task are provided here: The UTA Team will: 1. Conduct extensive site investigations, including, the geophysical study of existing subsurface conditions using Resistivity Imaging (RI). These investigations will be conducted to characterize the subsurface moisture profile within and immediately surrounding the leachate recirculation pipe line or areas of interests. 2. Conduct 2D and 3D resistivity imaging for the assessment of leachate recirculation system performance. The number of 2-D lines and 3-D profile will be determined during the investigation. The study will be conducted on monthly basis or as needed during the beginning of a new recirculation system. UTA will co-ordinate with the COD staff inembers during the investigation so that there will be no interruption of the ongoing landfill operations. Geophysical methods that the UTA shall use have the potential to provide an "image" of the subsurface. The UTA will use a multi-channel, multi- electrode automatic sequencing data acquisition system. 3. Process resistivity data using 2D Earth Imager and 3D Earth Imager computer software. The data will produce a 2D and 3D resistivity model of the subsurface moisture profile within the solid waste areas. The models will be displayed as color-coded profiles. The color-coded profiles will be processed and interpreted, with a final report. 3�P�E�e Contract No 4. Develop interpretations of the geophysical data collected to identify the subsurface and the following areas of need: O Moisture profile within the leachate recirculation areas or within areas of concern. O Time lapse monitoring of moisture variation within the landfill cell areas and the _— -- -- - - -- — - ----- -. . .. -- - �— --- - ----- -- -- - effect of leachate recirculation on the solid waste. O Relationship between moisture content and resistivity imaging results O Efficiency of the leachate recirculation systems. 5. Provide final report on the geophysical investigations conducted and interpretation results. 6. Attend technical meetings with consultants, or any other parties, as required or requested by the COD personnel. Task lb Water Balance Modeling for ELR landfill Specific tasks associated within this task are provided here: The UTA Team will: 1. Conduct water balance modeling for the ELR landfill using: a. Actual permeability of MSW based on the decomposition and compaction level b. Actual wetted area due to the leachate recirculation andlor water addition into the waste mass based on the RI results c. HELP and HYDRUS 2D/3D modeling 2. Provide possible leachate production volume and rate 3. Attend technical meetings with consultants, or any other parties, as required or requested by the COD personnel. Task lc Subsoil pro�le development usin� RI for future landfill extension area The UTA Team will: 1. Study the soil investigation (soil test boring) results conducted by other consultants. 2. Conduct extensive site investigations, including, the geophysical study of existing subsurface conditions using Resistivity Imaging. These investigations will be conducted to characterize the subsurface within and immediately surrounding the future landfill area. 3. UTA will co-ordinate with the COD staff inembers during the investigation so that there will be no interruption of the ongoing landfill operations. Geophysical methods that the UTA shall use have the potential to provide an "image" of the subsurface. The UTA will use a multi-channel, multi- electrode automatic sequencing data acquisition system. __ _. _ _ _ _ _ 4�Pagc Contract No 4. Process resistivity data using 2D Earth Imager and 3D Earth Imager computer software. The data will produce a 2D and 3D resistivity model of the subsurface moisture profile within the solid waste areas. The models will be displayed as color-coded profiles. The color-coded profiles will be processed and interpreted, with a final report. 5. Develop interpretations of the geophysical data collected to identify the subsurface and the - - - - - --- --...-- - - following areas of need: O Soil profile within the future landfill areas O Identify the possible water bearing layer with the future landfill extension area and its implication on the construction of new landfill cells. Task 2a Fugitive Emission Monitorin� using Flux Chamber Method Specific tasks associated within this task are provided here: The UTA Team will: 1. Review the existing fugitive landfill gas emission technology and determine the advantage and disadvantages of different methods. 2. Identify and recommend most suitable emission monitoring methods for the City of Denton landfill. 3. Visit the landfill site and identify possible locations of fugitive landfill gas emission study in Phase 0, Phase II and Phase III. The locations will be identified based on the discussions with the City of Denton personnel. 4. Once the locations are identified, use flux chamber methods or other methods to determine the landfill gas emissions through the intermediate and temporary cover system. The data will be collected on monthly basis. 5. Analyze the collected data and present them to the City of Denton's personnel on a regular basis. 6. Investigate the effects of different cover system on the reduction of fugitive landfill gas emissions, if needed. The UTA Team may identify and implement few different cover systems to check the methane oxidation and reduction in possible fugitive emissions. 7. Submit final report summarizing the findings. The report will compile all the information disseminating from each task of the proposed work. 8. Attend technical meetings with consultants, or any other parties, as required or requested by the City personnel. S�P�igc Contract No Task 2b Efficiencv of �as collection system for both Phase 2 and Phase 3 Specific tasks associated within this task are provided here: The UTA Team will: 1. _ Predict tl�e .possible landf 11 gas prod�ction using the EPA LANGEM model. The resistivity imaging results from Task la will be utilized to determine the actual wet and dry area. Based on the RI results and moisture content information, the decay rate k will be determined. 2. Collect the actual landfill gas production rate from DTE and/or if needed will collect the landfill gas data for Phase II and Phase III landfill sections. The landfill gas data will be collected on monthly basis. 3. Determine the efiiciency of landfill gas collection system based on the results from Task 2a and Task 2b. The following relations will be utilized for the collection efficiency: Collection Efficiency = methane collected /(methane collected + emissions) 4. Submit final report summarizing the findings. The report will compile all the information disseminating from each task of the proposed work. 5. Attend technical meetings with consultants, or any other parties, as required or requested by the City personnel. Task 3 Monitorin� temperature sensors and settlement plates for Effciencv of Permeable Seds as Leachate Recirculation System Specific tasks associated within this task are provided here: The UTA Team will: l. Monitor the installed temperature sensors at Phase 3B on a bi-weekly basis. The effect of leachate recirculation on the temperature and waste decomposition will be determined. 2. Monitor the installed settlement plates at Phase 3B on a bi-weekly basis. The effect of leachate recirculation on the settlement and waste decomposition will be determined. 3. Develop an experimental program and conduct labaratory test to determine the compressibility characteristics of solid waste. The experimental results will be utilized to predict the effects of leachate recirculation on the compressibility and possible firture space gain due the ELR operation. 4. Submit final report summarizing the findings. The report will compile all the information disseminating from each task of the proposed work. 5. Attend technical meetings with consultants, or any other parties, as required or requested by tbe City personnel. 6�Pa`,` _ _ _ Contract No Task 4(a) Review of existin� landfill mining methodology and material utilization Specific tasks associated within this task are provided here: The UTA Team will: 1. Review the existing landfill rnining technology, methodology and document advantage and disadvantages of different methods. 2. Visit different landfill mining operation in other states to see their operation and future plan on the landfill mining. Also, possibly conduct a national survey to identify possible landfill mining locations and to get feedback from them on their operation. 3. Review the existing utilization of mined landfill materials. Identify possible vendors or end user of the processed landfill materials. 4. Conduct extensive economic analyses of landfill mining: considering the cost benefit ratio, environmental benefits and possibility of having a sustainable landfill operation without adding any additional space for future landfill operation. 5. Submit final report summarizing the findings. The report will compile all the information disseminating from each task of the proposed work. 6. UTA will attend technical meetings with consultants, or any other parties, as required or requested by the City personnel. �b) Development of landfill minin� methodolo�y and material characterization of the mined landfill waste (Optional) Based on the outcome of Task 4a, the 4b will be decided and conducted if needed. Summarv of Renorts and Presentation of Results During the project period, UTA will provide the following reports: 1. Six monthly reports will be provided for all the tasks. 2. Final report summarizing the major findings will be provided end of the project period. The final report will compile all the information disseminating from each task of the proposed work. 3. Work manual will be developed and standardized for each tasks. Summarv of Technical Meetings UTA will attend technical meetings with consultants, or any other parties, as required or requested by the City personnel. _ _ _ _ __ _ _ 7�P�i�>e Contract No /a�i�a�y:l��i1�►�r� Interagency Cooperation Contract Estimated Budget Proposed Budget This is a fxed price project with a total requested budget per year is presented here: Year 1: $ 126,251/= Year 2: $ 109,150/= Year 3: $ 109,014/= The requested budget will cover salary costs of project personnel (faculty members and 3 graduate students), material costs, and travel costs (trips to landfill sites for resistivity imaging and sample collections, and presentation of findings). Table 1 shows all budget items (as per UTA guidelines) and the corresponding allocations. Table la - Bud�et: Year 1 Task 1 Task 2 Task 3 Task 4 Total Salary (PI + Graduate Students 25875 25875 7200 7200 66,150 Fringe Benefits 4163 4163 720 720 9,765 M&O -- Materials 500 0 0 0 500 Sub-Contracts 0 0 Scholarshi s/Stipends 0 Tuition 9094 9094 0 0 18,188 Partici ant Support 0 Travel Domestic 3000 0 0 0 3,000 Travel Foreign � Participant Travel 0 Equipment 8000 8,000 TDC 42632 47132 7920 7920 105,603 MTDC 33538 30038 7920 7920 79,415 TFAC 8720 7810 2059 2059 20648 TC 51351 54941 9979 9979 126,251 8�Fa`,� Contract No Table 1b - Budget: Year 2 Task 1 Task 2 Task 3 Task 4 Total Salary (PI + Graduate Students) 26250 26250 7200 0 59,700 Fringe Benefits 4275 4275 720 0 9,270 M&O -- Materials 500 0 0 0 500 Sub-Contracts 0 0 Scholarships/Stipends - - 0 - Tuition 9549 9549 0 0 19,098 Participant Support 0 Travel Domestic 2000 0 0 0 2,000 Travel Foreign 0 Partici ant Travel 0 E ui ment 0 0 TDC 42574 40074 7920 0 90,568 MTDC 33025 30525 7920 0 71,470 TFAC 8587 7937 2059 0 18582 TC 51161 48010 9979 0 109,150 Table lc - Budget: Year 3 Task 1 Task 2 Task 3 Task 4 Total Salary (PI + Graduate Students) 25931 25931 7200 0 59,062 Fringe Benefits 4179 4179 720 0 9,079 M&O -- Materials 500 0 0 0 500 Sub-Contracts 0 0 Scholarships/Stipends 0 Tuition 10003 10003 0 0 20,006 Partici ant Su port 0 Travel Domestic 2000 0 0 0 2,000 Travel Foreign 0 Participant Travel 0 Equipment 0 0 TDC 42613 40114 7920 0 90,647 MTDC 32610 30110 7920 0 70,641 TFAC 8479 7829 2059 0 18367 TC 51092 47942 9979 0 109,014 Proiect Duration The expected time to complete all tasks of the projects is 3 years. 9�P�i�re ATTACHMENT C Interagency Cooperation Contract General Terms and Conditions Article 1. Amendments Contract No �-"� -- Tl�is contract may only be amended by written agreement executed byboth parties prior to the expiration of the contract. Article 2. Disputes To the extent authorized under the Constitution and laws of the State of Texas, the Performing Agency shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract services. The Receiving Agency shall be responsible for the settlement of any dispute concerning this contract unless the dispute involves a subcontract. Article 3. Records and Ownership A. The Performing Agency agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs at its office during the contract period and for four years from the date of final payment under the contract. These materials shall be made available for inspection and copying by the Receiving Agency, by the State Auditor's Office, and by their authorized representatives. If the contract is federally funded, these materials shall also be made available for inspection and copying by the U.S. Department of Transportation and by the Office of the Inspector General. B. After completion or termination of this contract, all documents prepared by the Performing Agency or furnished to the PerForming Agency by the Receiving Agency shall be delivered to and become the property of the Receiving Agency. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, on request, to the Receiving Agency without restriction or limitation of further use. C. Subject to the Receiving Agency's license below, the PerForming Agency retains all its intellectual property rights, including its copyright rights, in works, and shall own all title to, all interests in, all rights to, and all intellectual property (including copyrights, trade and service marks, trade secrets, and patentable devices or methods) developed as work product under this contract. Any intellectual property already owned by a party prior to any work associated with this contract, or developed independently of this contract or services perFormed under this contract, as modified, shall remain the respective property of the party from which it originates. Notwithstanding the foregoing, Receiving Agency shall have a right and non-exclusive license to use PerForming Agency's work product pursuant to this contract under which services are performed for all purposes listed in this contract and for Receiving Agency, public health, and state governmental noncommercial purposes, including internal educational purposes. D. Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by the Performing Agency or its subcontractors under this __ _ _ _ _ _ _ _ _ ___ _ _ lO�Pngc Contract No contract shall be owned by the Receiving Agency and will be delivered to the Receiving Agency at the time the contract is completed or terminated. Article 4. Subcontracts A subcontract may not be executed by the PerForming Agency without prior written authorization by the Receiving Agency. Subcontracts in excess of $25,000 shall contain all applicable terms ancl conditions of this contract. No subcontract will relieve the Performing Agency of its responsibility under this contract. Article 5. Termination This contract may be terminated by satisfactory completion of all services and obligations contained in this contract, by mutual written agreement, or by either party unilaterally after 30 days' written notice to the other party. The Receiving Agency shall compensate the Performing Agency only for those eligible expenses that are incurred during this contract and that are directly attributable to the completed portion of the work covered by this contract and only if the work has been completed in a manner satisfactory and acceptable to the Receiving Agency. The Performing Agency shall neither incur nor be reimbursed for any new obligations after the effective date of termination. Notwithstanding the foregoing, Receiving Agency shall compensate PerForming Agency for all reasonable expenses incurred or committed to be expended as of the effective termination date, including salaries for appointees for the remainder of their appointment. Article 6. Gratuities Any person who is doing business with or who reasonably speaking may do business with the Receiving Agency under this contract may not make any offer of benefits, gifts, or favors to employees of the Receiving Agency. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Executive Director of the Texas Department of Transportation. Article 7. No Assignment Neither party shall assign, sublet, or transfer any interest in this agreement. Article 8. Reference to Costs Principles and Circulars Reimbursement with state or federal funds will be limited to costs determined to be reasonable and allowable under cost principles establish in OMB Circular A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State and Local Governments." The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. Article 9. Performing Agency Resources All employees of the PerForming Agency shall have adequate knowledge and experience to enable them to perform the duties assigned to them. The PerForming Agency certifies that it currently has adequate qualified personnel in its employment to perForm the work required under this contract or will be able to obtain adequate qualified personnel from sources other than the Receiving Agency. On receipt of written notice from the Receiving Agency detailing supporting factors and evidence, the PerForming Agency shall remove from the project any employee of the Performing Agency who is incompetent or whose _ _ ___ . __ _ _ __ _ __ 11�Pag� Contract No conduct becomes detrimental to the work. Unless otherwise specified, the PerForming Agency shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 10. Equal Employment Opportunity The Performing Agency agrees to comply with Executive Order 11246, entitled "Equal -- Employmenf Opporfunity;" as amended by Executive Order 11375 and as supplemented by Department of Labor regulations, 41 CFR Part 60. The Performing Agency agrees to consider minority universities for subcontracts when the opportunity exists. The PerForming Agency warrants that it has developed and has on file appropriate affirmative action programs as required by applicable rules and regulations of the Secretary of Labor. Article 11. Nondiscrimination A. The Performing Agency shall comply with the regulations of the U.S. Department of Transportation relating to nondiscrimination in federally-assisted programs, including 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Part 60-74 (the Regulations). B. The Performing Agency, with regard to the work performed during this agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. In all solicitations either by competitive bidding or negotiation made by the PerForming Agency for work to be performed under a subcontract, including procurements of materials and leases of equipment, but not including routine purchase orders, each potential subcontractor or supplier shall be notified by the PerForming Agency of the Performing Agency's obligations under this agreement and the Regulations. D. The PerForming Agency shall provide all information and reports required by the Regulations and directives issued under the Regulations and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the Texas Department of Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with the Regulations or directives. If any information required of the Performing Agency is in the exclusive possession of another who fails or refuses to furnish this information, the PerForming Agency shall so certify to the Texas Department of Transportation or the U.S. Department of Transportation, whichever is appropriate, and shall set forth what efforts the Performing Agency has made to obtain the requested information. E. In the event of the PerForming Agency's noncompliance with the nondiscrimination provision of this agreement, the Texas Department of Transportation shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate. F. The Performing Agency shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, except routine purchase orders, unless exempt by the Regulations or directives. The PerForming Agency shall take such lawful action with respect to any subcontract or _ . __. ___ _ __ _ _ __ _ 1z������ Contract No procurement as the Texas Department of Transportation may direct as a means of enforcing these provisions, including sanctions for noncompliance. In the event the Performing Agency becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of directions given by the Receiving Agency, the PerForming Agency may request the Texas Department of Transportation to enter into the litigation to protect the interests of the State. In addition, the Performing Agency -- - -- may request the United States to enter into litigation to protect the interests-of the United States. Article 12. Basis for Calculating Reimbursement Costs The Receiving Agency will reimburse the Performing Agency for actual costs incurred in carrying out the services authorized in Attachment A, Scope of Services, subject to the cost categories and estimated costs set forth in Attachment B, Budget. The Receiving Agency shall compensate the PerForming Agency for only those eligible expenses incurred during this contract that are directly attributable to the completed portion of the work covered by this contract, provided that the work has been completed in a manner satisfactory and acceptable to the Receiving Agency. The Performing Agency shall not incur or be reimbursed for any new obligations after the effective date of termination. The PerForming Agency shall bill the Receiving Agency for actual travel expenses, not to exceed the limits reimbursable under state law. Out-of-state or out-of-country travel by the PerForming Agency requires prior approval by the Receiving Agency. Article 13. Funding The Receiving Agency shall pay for services received from appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid. Payments received by the PerForming Agency shall be credited to the current appropriation items or accounts from which expenditures of that character were originally made. If for any reason subcontractors and suppliers, if any, are not paid before the Receiving Agency reimburses the PerForming Agency for their services, the Performing Agency shall pay the subcontractors and suppliers all undisputed amounts due for work no more than 10 days after the Performing Agency receives payment for the work unless a different time is specified by law. This requirement also applies to all lower-tier subcontractors and suppliers and must be incorporated in all subcontracts. If the Performing Agency fails to comply with this Article, the Receiving Agency may withhold payments and suspend work until the subcontractors and suppliers are paid. The PerForming Agency is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred. Article 14. Conflict of Interest The PerForming Agency shall not assign an employee to a project if the employee: 1. owns an interest in or is an officer or employee of a business entity that has or may have a contract with the state relating to the project; 2. has a direct or indirect financial interest in the outcome of the project; 3. has performed services regarding the subject matter of the project for an entity that has a direct or indirect financial interest in the outcome of the project or that has or may have a contract with the Receiving Agency; or 4. is a current part-time or full-time employee of the Receiving Agency. _ _ __ _ _ _ _ 13�F'��ge Contract No Article 15. Additional Work A. If the PerForming Agency is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify the Receiving Agency in writing. The written notice shall present the relevant facts and show how the work constitutes additional work. B. If the Receiving Agency in its sole discretion finds that the work does constitute additional work, the Receiving Agency shall so advise the PerForming Agency and a written amendment will be executed. The Performing Agency shall not perForm any proposed additional work or incur any additional costs before the execution of an amendment. C. The Receiving Agency shall not be responsible for actions by the PerForming Agency or for any costs incurred by the Performing Agency relating to additional work that is performed before an amendment is executed or that is outside the scope of the contract, as amended. Article 16. Nonconforming Work If the PerForming Agency submits work that does not comply with the terms of this contract, the Receiving Agency shall instruct the Performing Agency to make any revisions that are necessary to bring the work into compliance with the contract. PerForming Agency at its discretion may agree to any Receiving Agency requested change, and if Performing Agency agrees to provide changed Services, Receiving Agency agrees to reimburse Performing Agency for such changed or additional work in such amounts as may be agreed by Performing Agency, consistent with customary practice and Performing Agency policy. Notwithstanding this Article or anything else in this contract or in these General Terms and Conditions, PerForming Agency does not guarantee specific results. Article 17. Notice to Proceed If Attachment A requires a notice to proceed, the PerForming Agency shall not proceed with any work or incur any costs until the Receiving Agency issues a written notice to the Performing Agency authorizing work to begin. Any costs incurred by the Performing Agency before receiving the notice are not eligible for reimbursement. Article 18. Authority of State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Article 19. Compliance with Laws The parties shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the perFormance of this agreement. After receiving a written request from the Receiving Agency, the Performing la�Pa`�e _ _ _ _ _ _ _ _ _ ___ _ __ _ _ _ Contract No Agency shall furnish the Receiving Agency with satisfactory proof of its compliance with this Article. 15�Page