(a) In considering whether to make a disbursement from the trust fund, the Office will not consider a contingency clause in an event support contract as relieving an applicant's obligation to pay a cost under the contract, as mandated by Texas Revised Civil Statutes, Article 5190.14, Sections 5A(k) and 5C(k).
(b) The event support contract must not create or shift obligations or liabilities from the endorsing municipality, endorsing county, local organizing committee, or another party to the Office.
(c) The Office will not consider for reimbursement any cost that is identified in an event support contract in terms which are overly broad or too general in nature, such terms include:
(1) blanket "catch-all" terms, such as "any necessary fixtures or improvements;"
(2) references in terms such as "etc." or "miscellaneous" or "as needed" or "other;" and
(3) terms that reference the Office's decision making authority, such as "any expense allowed by Office" or "any expense allowed by statute."
(d) Regardless of whether a cost is included in an event support contract, the Office will only consider making a disbursement for direct costs that are allowable in accordance with §184.44 (Allowable Costs).
Source Note: The provisions of this §184.51 adopted to be effective January 1, 2017, 41 TexReg 10263