CC RES 93-023 RESOLUTION AUTHORIZING THE MAYOR AND CIY MANAGER TO SIGN THE AMENDMENT NO. 4 OF THE GRANULAR ACTIVATED CARBON WATER FILTRATION PLANT

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-2- WHEREAS, paragraph 6.3 provides that for O and M costs associated with the GAC facility and the pipeline, for the 10 years of the extend RA, the EPA will provide 9096 funding and the City will provide 10% funding, and WHEREAS, the State and EPA have signed a Cooperative Agreement amendment which will provide 90W funding for the O and M costs on a reimbursement basis to the City through the State for the remaining nine years of the extended RA, and WHEREAS Contract Amendment 3, effective as of August 6, 1992, provided for O and M funds for the first year (shakedown year) of operation; WHEREAS, paragraph 6.5 was amended in Contract Amendment #3 and now provides that: The contract dollar amount for this contract for Tasks 1 and 2 as described in Paragraph 4 .6 of this contract shall not exceed fifty-seven thousand nine hundred sixty-one dollars ($57,961) . For Task 3 as described in paragraph 4 .6 of this contract, the dollar amount shall not exceed thirty-eight thousand two hundred fifty-two dollars and sixty cents ($38,252.60) . For Task 4, as described in paragraph 4.6 of this contract, the dollar amount shall not exceed thirty five • thousand dollars ($35,000) . The total contract dollar amount shall not exceed one hundred thirty-one thousand two hundred thirteen dollars and sixty cents ($131,213 .60) . WHEREAS, the reimbursement of the City for nine years of O and M costs requires additional costs; NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: 1. Paragraph 4.6, Task 3 Operation and Maintenance, shall be amended to add the following: For years two through ten, beginning April 1, 1992 and lasting until March 31, 2001, the City will be reimbursed from the State with EPA funds provided by the State' s Cooperative Agreement, for 90* of its O and M costs. Estimates of the costs are shown on the schedule contained in Attachment B. The State's administrative time for conducting business related to this project shall be considered part of the Extended RA O and M costs. Ninety (90) percent of State administrative costs shall be reimbursed by the EPA. The City agrees to pay for 10 percent of the State's administrative costs related to this project. The State shall maintain documentation on employee hours and salary, travel, equipment and legal costs. Documentation will be provided to the City, in April of each year for the preceding O&M year. Upon concurrence from the City, the City's portion of the MPGA expenses will be subtracted from the next payment to the City. City concurrence will not be unreasonably withheld.