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-2- <br /> • WHEREAS, paragraph 4.5 of the Contract provides that: <br /> The City shall pay for the 10% nonfederal share of the 0 and M costs of <br /> the Extended RA ten-year period, and 100% thereafter without State or EPA <br /> assistance for the life of the remedy. <br /> WHEREAS, paragraph 4.6, Task 3 (Operations*'and Maintenance) of the <br /> Contract provides that: <br /> The City shall conduct operation and maintenance as described in this <br /> contract and according to the 0 and :M Plan to be prepared by the State's <br /> Consultant Engineer. This contract is contingent on 100 percent funding <br /> of tasks 1 and 2 above from the State through the State's NBCA (New <br /> Brighton Cooperative Agreement] with EPA, and 90 percent federal funding <br /> of Task 3 for the first ten years of the Extended RA. It is the intention <br /> of the parties that this contract shall be amended, when 0 and M costs are <br /> finalized at the conclusion of the construction phase, to provide 90 <br /> percent 0 and M cost reimbursement to the City from the State through the <br /> • State's NBCA with EPA for the shakedown year. . . . <br /> WHEREAS, the State has provided the City with the 0 and M Plan (prepared <br /> by Camp Dresser and McKee, Inc.) dated April 1991, this 0 and M Plan is <br /> incorporated by reference and made an integral and enforceable :part of-this <br /> amendment, <br /> WHEREAS, paragraph 6.3 of the Contract provides that the EPA will provide <br /> 90% funding and the City will provide 10% funding for 0 and M costs associated <br /> with the GAC facility and the pipeline for 10 years of the extend RA. <br /> WHEREAS, the State previously offered the City an amendment of the <br /> Contract to provide 90 percent of the 0 and M costs for one year beginning <br /> • February 28, 1991, and <br />