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State of Washington Department of Ecology <br />Agreement No: WQC-2023-EverPW-00118 <br />Project Title: Regional Stormwater Facility Planning <br />Recipient Name: City of Everett <br />Page 35 of 46 <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 />Template Version 12/10/2020 <br />