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-3- <br /> WHEREAS, the City and State could not agree on an amendment to the <br /> Contract for 0 and M costs because of the City's concern regarding funding for <br /> additional pumping capacity, and <br /> . WHEREAS, the State will agree to reimburse the City for 0 and M expenses <br /> the City has incurred since April 1, 1991, provided the City can document its <br /> expenses and provided the expenses are allowable expenses under the provisions <br /> of this Contract and Contract amerxdment, and <br /> WHEREAS, paragraph 6.5 of the Contract was amended on March 11, 1992, <br /> • (Amendment No. 2) and now provides that: <br /> The contract or dollar amount for this contract for Tasks 1 and 2 as <br /> described in Part 4.6 of this contract shall not exceed fifty-seven thousand <br /> nine hundred sixty-one dollars ($57,961) . For Task 4 as described in <br /> para. 4.6 of this contract shall not exceed thirty five thousand collars <br /> ($35,000) . The total contract dollar amount for Tasks 1, 2 and 4 shall not <br /> exceed nuiety-two thousand nine hundred sixty-one dollars ($92,961) . <br /> NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE STATE AMID THE CITY: <br /> 1. Paragraph 4.6, Task 3 (Operation and Maintenance) , shall be amended to <br /> include the following: <br /> For year one, the shakedown/startup year of the GAC, beginning April 1, <br /> 1991, and lasting until March 30, 1992, the City will be reimbursed for 90 <br /> • percent of its documented 0 and M costs that are allowable expenses under <br /> the provisions of the Contract amendment. The 0 and M costs are as follows: <br />