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Page 30 of 41State of Washington Department of Ecology
<br />Agreement No:
<br />Project Title:
<br />Recipient Name:
<br />WQC-2025-EverPW-00038
<br />Riverpoint Outfall Replacement
<br />City of Everett
<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 the termination or default remedies provided in this agreement ,
<br />the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of
<br />Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the
<br />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 />ECOLOGY for assistance in obtaining a copy of those regulations .
<br />4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
<br />person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
<br />declared ineligible, or voluntarily excluded from participation in this covered transaction.
<br />5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
<br />Template Version 12/10/2020
<br />Docusign Envelope ID: F2F2C641-00FF-4CD2-8410-C8E2A1EA5EB0
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