CC - Agendas - City Council - REGULAR - 8/14/2018

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9.C.a Attachment #1 REIMBURSABLE COST PROVISIONS A. BLM agrees to process the Application to the extent funding under the Agreement permits. Processing will include, but not be limited to, the following: coordination, administration and approval of any necessary environmental analyses including the preparation of an EA or EIS; consultation with appropriate Federal, State, Tribal, and local officials; preparation of the administrative record and resolving any protests, appeals and litigation that might result from the proposal, preparation of all decisions and authorizations resulting from those decisions, monitoring the construction, operation and termination of any resultant authorization; and other necessary processing actions consistent with a final decision. B. BLM agrees to timely notify the Applicant, in writing, of any changes to the indirect rate. Refer to the Definition of Direct and Indirect Costs below. C. Applicant agrees to fund and utilize third party assistance contractors to expedite processing the application. Third party assistance contractors may include, but are not limited to, contractors for preparation of National Environmental Policy Act (NEPA) documents, cultural resource inventories, biological inventories and surveys, engineering and design surveys, clerical staff support, NEPA adequacy reviews, resource specialist reviews, persons to aid in assembling the case file record, and compliance inspectors. D. BLM shall monthly review case processing and costs incurred. When BLM determines there are only 15 percent of funds remaining for the next period of planned work, it shall inform the Applicant of the work proposed to be done and request a further deposit if needed. Deposits must be received prior to BLM incurring costs. E. Quarterly statements of BLM expenditures will be furnished to Applicant within 30 days of the close of the quarter (March 31, June 30, September 30, and December 31). F. Applicant shall have the right to conduct, at its own expense, reasonable audits of the books, records, and documents of BLM relating to the items on any particular accounting statement provided by BLM. Applicant shall have 90 days after receipt of the quarterly statement to raise objections to or dispute any particular entry of cost item. G. BLM shall provide full justification of any disputed entry or cost item within 30 days of receipt of the objection or will delete the entry or cost item. If Applicant still objects to the entry or cost item, an appeal to the State Director may be made within 30 days of receipt of BLM justification. The State Director' s decision is the final administrative decision. H. Reimbursable funds, once obligated by BLM, are not refundable and will not be made refundable by termination of the Project, withdrawal of the Application, or non -issuance of a right-of-way grant. I. In accordance with 43 CFR 2804.27(a), if BLM denies the Application, Applicant must reimburse BLM for all costs BLM incurred in processing the Application. If the Applicant withdraws the application, Applicant will reimburse BLM for processing costs incurred by BLM in closing its review of the Application and which cannot reasonably be avoided after BLM receives written notice of withdrawal of the Application. Version 3/21/12 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 120