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<br />, <br /> <br />~ <br />. .. <br /> <br />, <br />e' <br /> <br />2.04. Consultant Selection. The U. S. EPA has promulgated Rules and <br />Regulations regarding subagreements in 40 CFR 35. The City, must'fol~ow these <br />guidelines when retaining consultant to conduct, or assist inconductlng tne <br />III analysis. <br /> <br />.SECTION 3 - FEDERAL AND STATE GRANTS' <br /> <br />3.01. General. The Commission agrees to submit the project and the <br />proposed cost to MPCA and U.S. EPA for inclusion under any standing grant <br />offer, if eligibility requirements of the grant offer are met. If necessary" <br />, the Commission agrees to apply for a grant amendment to include the project <br />and the cost in the III program. 'The City agrees to keep detailed records <br />of the cost of the project incurred by it, and to furnish this information <br />to the Commission in order to enable the Commission.to comply with the <br />provisions of the grants. The Commission shall have the right to audit all <br />project costs furnished by the City. <br /> <br />3.02. Local Costs. The City agrees to pay the ten percent (10%) local share <br />of the project cost. In addition, the City is responsible for project costs <br />determined nO,teligible for grant funding. The Commission is responsible for <br />the local share of the administrative cost incurred by its employees or anv <br />consulting and administrative services rendered under contract to'the CommissioA. <br /> <br />3.03. Reimbursement. As the project progresses, the City may submit to the <br />Commission detailed and certified statements of costs incurrred for the project <br />to a specified date, and request the Commission to seek federal and state <br />reimbursement for the costs so incurred. The Commissinn shall reimburse the <br />City for grant eligible costs, as determined by the U.S. EPA Rules and Regulations <br />or MPCA determination, as such funds are received by the Commission to the <br />percentage or extent provided by the grants. Disbursement of funds received will <br />be made after the MPCA has given technical approval of the work for which payment <br />is requested. <br /> <br />Upon receipt 'of grant funds for th!!.project, the Commission may reimburse to <br />itself any (Trant eligible costs incurred for the project, out only to the <br />percentage or extent provided by th~ grants. <br /> <br />. <br /> <br />SECTION 4 - J.ltlINISTRATIVE PROVISIONS <br /> <br />. 4.01. Amendments. This agreement may be modified only by written amendment <br />executed by the City and the Commission. <br /> <br />4.02. Effectiveness. This agreement shall be effective upon its execution <br />by the City and the Commission. <br /> <br />4.03. Termination. This agreement shall terminate upon completion of all <br />actions required of the parties hereunder. <br /> <br />4.04.. Severability. The provisions of this Agreement are severable, and the <br />invalidity or impossibility of performance of any of them shall not invalidate <br />or render ineffective any other provision. <br /> <br />V-3 <br />