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State of Washington Department of Ecology
<br />Agreement No: WQC-2022-EverPW-00085
<br />Project Title: Water Quality Treatment at 3rd Avenue SE
<br />Recipient Name: City of Everett
<br />Page 33 of 44
<br />Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any
<br />state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment
<br />of the loan.
<br />Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
<br />acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance,
<br />ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property.
<br />Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
<br />drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of
<br />ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for
<br />any satisfactory work completed on such documents and other materials.
<br />Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
<br />actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
<br />any obligation by the RECIPIENT, under this agreement.
<br />Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
<br />other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the
<br />prevailing party as that term is defined in Chapter 4.84.330 RCW.
<br />Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this
<br />agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or
<br />the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for
<br />the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.
<br />T. User -Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
<br />a user -charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
<br />proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
<br />user -charge system will include provisions for a connection charge.
<br />In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides
<br />adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
<br />repay the loan.
<br />GENERAL FEDERAL CONDITIONS
<br />If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
<br />used to match a federal grant award, the following terms and conditions apply to you.
<br />A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
<br />EXCLUSION:
<br />1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
<br />debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
<br />contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
<br />contained in the certification, they must provide an explanation as to why they cannot.
<br />2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
<br />RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
<br />reason of changed circumstances.
<br />3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
<br />primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
<br />out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
<br />Template Version 12/10/2020
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