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Mr. Timothy K. Scherkenbach March 20, 1990 Page Six 1) Notify the project officer. 2) Explain/justify the cause for delay. 3) Propose a revised date. 4) Obtain written approval. All of these items were to take place prior to the expiration of the project schedule date. After meeting with the City Council and at their direction, the City Engineer notified the MPCA in a letter to Kathy Sather, dated January 23, 1989, of its need for a budget period extension. Paragraph 9 of that letter was very specific in addressing the first three requirements in the notification procedure itemized above. Those three requirements are reiterated as follows using the exact words from the letter: 1) Notify the Project Officer "The City will be requesting a budget period extension ... and a rebudget for land, administrative and engineering costs...." 2) Explain/Justify the Cause for Delay "because of pending court action relating to land acquisition. The owner of the Gonnan Parcel (Old Village Remote D) has appealed the condemnation award amount ...... 3) Propose a Revised Date "The City will be requesting a budget period extension for one year ...... The fourth requirement, "Obtain written approval" is a task to be performed by the City, but yet it is not under the City's control to obtain it. The City's duty is to notify, explain/justify, and propose a revised date. It is the MPCA's duty to respond with the approval. It has been repeated many times by the MPCA that the City did not "request" an extension; therefore, the Agency did not rule on the request. Yet nowhere in the regulations can we fund the requirement to "request" an extension, only to notify, explain/justify, and propose a proposed date. The Assistance Agreement is a contract between the City and the Federal Government. The concept of "giving notice" has been a part of contract law for years. The only other flaw that has been pointed out to us is that the letter was signed by the City Engineer where it should have been signed by the City Administrator.