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Port Gardner Bay Outfall Replacement Agreement <br /> year's Annual O&M Budget until a new Annual O&M Budget is adopted. <br /> The Participants shall coordinate the Annual O&M Budget with their <br /> respective budget processes. <br /> 12.1.2 The City shall reimburse K-C for operations and maintenance costs by <br /> paying to K-C its proportionate share of the Annual O&M Budget which <br /> share shall correspond to the City's percent interest in the Capacity of the <br /> Joint Use Facilities (initially 49.5%). Such payments will be made quarterly <br /> in accordance with invoices tendered by K-C. <br /> 12.1.3 The Participants, acting through the PRT, may(a) establish a different <br /> payment schedule (e.g., annual basis, except for major repairs) or(b) <br /> approve expenses not anticipated in the Annual O&M Budget. <br /> 12.1.4 Except for Emergency repairs, any repair or replacement to the Joint Use <br /> Facilities not anticipated by the Annual O&M Budget that exceed a <br /> cumulative total of$50,000 within any budget year shall require the prior <br /> approval of the Participants, acting through the PRT. <br /> 12.1.5 If the Participants have a dispute regarding the proposed Annual O&M <br /> Budget that cannot be resolved ninety (90) days prior to the start of a new <br /> budget year,the PRT may retain an independent consulting engineer to <br /> provide recommendations to the Participants within 30 days (or such other <br /> time as the PRT sets) of such engineer's engagement. The cost of engaging <br /> the independent engineer shall be included in the Annual O&M Budget for <br /> the year in which the engineer's work is performed. <br /> 24 of 46 <br />