2009-096ORDINANCE NO. 2009-_O&
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN 1NTERLOCAL
COOPERATION AGREEMENT IN THE AMOUNT OF $182,787 BY AND BETWEEN THE
CITY OF DENTON, TEXAS AND THE UNIVERSITY OF TEXAS AT ARLINGTON FOR A
THREE-YEAR TERM TO PROVIDE FOR LANDFILL FIELD TESTING AT THE CITY OF
DENTON LANDFILL, RESEARCH FACULTY AND GRADUATE STUDENT SUPPORT
FOR BASELINE AND PERIODIC ONGOING STUDIES ON SEVERAL PARAMETERS OF
THE DENTON LANDFILL THAT ARE ASSOCIATED WITH THE BIODEGRADATION OF
ITS ORGANIC COMPONENTS; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Interlocal Cooperation Agreement (the "Agreement") by and between
the City of Denton, Texas and The University of Texas at Arlington referenced herein, was
presented to, reviewed by and considered by the Public Utilities Board (the "PUB") at its
regularly called meeting of March 23, 2009; by a vote of 4 votes "for" and no votes "against" the
PUB recommended approval of the Agreement; WHEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves an Interlocal Cooperation Agreement
between the City of Denton, Texas and The University of Texas at Arlington ("UTA") providing
for a three-year agreement to provide for Denton landfill field testing, UTA research faculty and
graduate student support for baseline and periodic ongoing studies on several parameters of the
landfill associated with the biodegradation of its organic compounds, substantially in accordance
with the Interlocal Cooperation Agreement which is attached hereto and incorporated herein by
reference (the "Agreement"). The City Manager, or his designee, is authorized to execute the
Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out
the City's rights and duties under the Agreement. Any prior actions of the City taken pursuant to
the Agreement are hereby ratified.
SECTION 2. The City Council finds that the Agreement will benefit the City of Denton,
Texas and is in the public interest.
SECTION 3. The expenditure of funds is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 2/ day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ( J, k' Q
0 - 0
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
THE STATE OF TEXAS §
THE COUNTY OF DENTON §
INTERAGENCY COOPERATION CONTRACT
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.
1. CONTRACTING PARTIES:
The Receiving Agency The City of Denton
The Performing Agency The University of Texas at Arlington
II. STATEMENT OF SERVICES TO BE PERFORMED: The Performing Agency will undertake and carry out
services described in Attachment A, Scope of Services.
III. CONTRACT PAYMENT: The total fixed price amount of this contract shall not exceed $182,787 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 biennium 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 shall be effective as of May 1, 2009 (the "Effective
Date") and shall be carried out from the Effective Date through and including April 30, 2012, terminating
after three (3) years.
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. Section 85.21
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
City of Denton
BY:
AuTHORIAD SIGNATURE
TYPED OR PRINTED NAME AND TITLE
Qom, '2114 z 00!2
DAT :
THE PERFORMING AGENCY
The University of Texas at Arlington
NAME OF AGENCY
B :
AUTHORIZ D SIGNATURE
Dr. Ke
Senior Associate Vice President for Research
TYPED OR PRINTED NAME AND TITLE
Jjjnt~: LQ
DATE: '
APPROVED AS O LEG L FORM:
ANIT E CI Y
By
1~Pa"e
ATTACHMENT A
Interagency Cooperation Contract
Scope of Services
The scope of services outlines specific and general tasks 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 Moisture content monitoring within the landfill solid waste
Task 2 Sampling and determining moisture content and physical characteristics of Municipal Solid
Waste (MSW)
Task 3 Determining permeability of special solid waste placed at the bottom of landfill
Task 4 Monitoring and characterizing landfill leachate
Task 1 Monitoring Moisture Content within the Landfill Solid Waste
Specific tasks associated within this task are provided here:
The UTA will:
1. Conduct extensive site investigations, including, the geophysical study of existing
subsurface conditions using High Resolution Resistivity (HRR) equipment. 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 frequency of the resistivity imaging will be decided in consultation with
the COD staff members. UTA will co-ordinate with the COD staff members 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.
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.
21PaL, e
O Time lapse monitoring of moisture variation within the landfill cell areas and the
effect of leachate recirculation on the solid waste.
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 2 Sampling and Determining Moisture Content and Physical Characteristics of
Municipal Solid Waste (MSW)
Specific tasks associated within this task are provided here:
1. UTA will visit the landfill site and collect representative fresh MSW samples from the
working face as well as compacted MSW samples from a specific landfill location. UTA
will co-ordinate and work with the COD staff members during the sample collection. UTA
will collect minimum 10 samples from the working face. The samples will be collected on
quarterly basis. However, the number of compacted samples will be decided during the
investigation and will be collected on annual basis. It is expected that COD staff members
will help UTA during the sample collection from working face. It is also expected that COD
staff will have drilling crew to drill compacted sample from a specific location as specified
by TCEQ.
2. UTA will conduct laboratory investigations to determine moisture content and physical
characteristics of solid waste. The experimental program is presented in Table 1.
Table 1 Experimental Program/Year
Test Method
Material
Sampling Frequency
No. of Tests
Physical
Fresh and Compacted
Fresh MSW from working face
lx 10= 10
Composition
MSW
will be collected on quarterly
Organic Content
Fresh and Compacted
basis and compacted waste will
1 x 10= 10
MSW
collected on annual basis.
Unit weight
Fresh and Compacted
Moisture content will be
1 x 10 = 10
MSW
determined on every three
Moisture
Fresh and
months, i.e. (4 times a year).
4 x 10 = 40
Content
Compacted MSW
However, other tests will be
done on an annual basis.
.s. rrovicle quarterly report on the laboratory investigations of MSW characteristics,
4. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
31Pit 2e
5. Attend technical meetings with consultants, or any other parties, as required or requested by
the City personnel.
Task 3 Determining Permeability of Special Solid Waste placed at the Bottom of Landfill
Specific tasks associated within this task are provided here:
1. UTA will visit the landfill site and collect representative special solid waste samples that are
placed at the bottom of the landfill. UTA will co-ordinate and work with the COD staff
members during the sample collection, and will collect minimum 10 special solid waste
samples.
2. UTA will build reactors in the laboratory to simulate Enhanced Leachate Recirculation
(ELR) landfill and generate samples representative of completely decomposed solid waste
using the special solid waste.
3. Conduct laboratory study to determine the physical and hydraulic characteristics of fresh
and degraded special solid waste. The laboratory testing program is presented in Table 2.
Table 2 Experimental Program
Test Method
Material
No. of
Tests
Physical
Composition
MSW - Fresh and Degraded
2 x 4
Organic Content
MSW - Fresh and Degraded
2 x 4
Unit weight
MSW - Fresh and Degraded
2 x 4
Moisture Content
MSW - Fresh and Degraded
2 x 4
Permeability
MSW - Fresh and Degraded
2 x 4
4. Provide quarterly report on the laboratory investigations of special solid waste
characteristics,
5. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
6. Attend technical meetings with consultants, or any other parties, as required or requested by
the City personnel.
Task 4 Monitoring and Characterizing Landfill Leachate
Specific tasks associated within this task are provided here:
1. UTA will visit the landfill site and collect representative Leachate samples from the landfill.
UTA will co-ordinate and work with the COD staff members during the sample collection.
The samples will be collected semi-annually.
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2. Conduct laboratory study to determine the characteristics of leachate. The experimental
program is presented in Table 3.
Table 3 Experimental Program/Year
Characteristics
Material
No. of Tests
pH, BOD, COD, Nh3-n,
VOC, Cl, Alkalinity
Generated Leachate
2 x2 tests
each
3. Provide quarterly report on the laboratory investigations of leachate characteristics,
4. Submit final report summarizing the findings. The report will compile all the information
disseminating from each task of the proposed work.
5. UTA will aAttend technical meetings with consultants, or any other parties, as required or
requested by the City personnel.
Summary of Reports and Presentation of Results
During the project period, UTA will provide the following reports:
1. Quarterly 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.
Summary of Technical Meetings
UTA will attend technical meetings with consultants, or any other parties, as required or requested
by the City personnel.
51 Pa g e
ATTACHMENT B
Interagency Cooperation Contract
Estimated Budget
Proposed Budget
This is a fixed price project with a total requested budget per year is presented here:
Year 1: $66, 649/=
Year 2: $57, 354/=
Year 3: $58, 784/=
The requested budget will cover salary costs of project personnel (faculty members and 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 - Budget: Year 1
Task 1
Task 2
Task 3
Task 4
Total
Sala PI + Graduate Students
25650
7500
7500
5250
45,900
Fringe Benefits
4815
1650
1650
975
9,090
M&O Materials
2500
0
600
0
3,100
Sub-Contracts
0
0
Scholars hi s/Sti ends
0
Tuition
0
0
0
0
0
Participant Support
0
Travel Domestic
2500
0
0
0
2,500
Travel (Foreign)
0
Participant Travel
0
Equipment
0
TDC
35465
9150
9750
6225
60,590
MTDC
35465
9150
9750
6225
60,590
TFAC
3547
915
975
623
6,059
I
TC
39012
10065
10725
6848
66,649
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Table lb - Budget: Year 2
Task 1
Task 2
Task 3
Task 4
Total
Sala PI + Graduate Students
26275
7750
0
5375
39,400
Fringe Benefits
5003
1725
0
1013
7,740
M&O Materials
2500
0
0
0
2,500
Sub-Contracts
0
0
Scholars hi s/Sti ends
0
Tuition
0
0
0
0
0
Participant Support
0
Travel Domestic
2500
0
0
0
2,500
Travel (Foreign)
0
Participant Travel
0
Equipment
0
TDC
36278
9475
0
6388
52,140
MTDC
36278
9475
0
6388
52,140
TFAC
3628
948
0
639
5,214
I
TC
39905
10423
0
7026
57,354
Table 1c - Budget: Year 3
Task 1
Task 2
Task 3
Task 4
Total
Sala PI + Graduate Students
26900
8000
0
5500
40,400
Fringe Benefits
5190
1800
0
1050
8,040
M&O Materials
2500
0
0
0
2,500
Sub-Contracts
0
0
Scholarships/Stipends
0
Tuition
0
0
0
0
0
Participant Support
0
Travel Domestic
2500
0
0
0
2,500
Travel (Foreign)
0
Participant Travel
0
Equipment
0
TDC
37090
9800
0
6550
53,440
MTDC
37090
9800
0
6550
53,440
TFAC
3709
980
0
655
5,344
TC
40799
10780
0
7205
58,784
Project Duration
The expected time to complete all tasks of the projects is 3 years.
7 1 P a 2 e
ATTACHMENT C
Interagency Cooperation Contract
General Terms and Conditions
Article 1. Amendments
This contract may only be amended by written agreement executed by both parties prior to
the expiration of the contract.
Article 2. Disputes
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.
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. The Receiving Agency 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) arising from or developed under this contract.
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
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 and 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
8 1Paue
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.
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.
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
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
Employment Opportunity," 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).
91Page
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 Receiving Agency 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 Receiving Agency, 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 Receiving Agency shall impose such sanctions as it
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
procurement. 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 Receiving Agency 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
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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.
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. No additional compensation
shall be paid for this work.
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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 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 Agency shall furnish the
Receiving Agency with satisfactory proof of its compliance with this Article.
12113aL,e