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Page 24 of 45State of Washington Department of Ecology <br />Agreement No: <br />Project Title: <br />Recipient Name: <br />WQC-2026-EverPW-00408 <br />City of Everett Port Gardner Water Quality Program – Phase 2 Construction <br />City of Everett <br />quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and <br />must be incorporated by reference in the easement document. <br />3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment <br />of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. <br />Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft <br />language prior to executing the easement or lease. <br />d. Real Property Acquisition and Relocation Assistance. <br />1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF <br />funded projects. <br />2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the <br />terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of <br />Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. <br />3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in <br />subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the <br />RECIPIENT agrees to provide any housing and relocation assistance required . <br />e. Hazardous Substances. <br />1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed <br />acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: <br />i. No hazardous substances were found on the site, or <br />ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and <br />federal laws, and the site is deemed “clean.” <br />2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous <br />substances as set forth in RCW 70.105D. <br />3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its <br />employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense <br />and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, <br />or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . <br />f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses <br />The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, <br />developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for <br />which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such <br />as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction <br />on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required <br />by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term <br />specified by the lease, easement, deed, or landowner agreement. <br />D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by <br />ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that <br />activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water <br />Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . <br />E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s <br />Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor <br />registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If <br />you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee <br />Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. <br />F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology <br />approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before <br />purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the <br />Template Version 12/10/2020 <br />Docusign Envelope ID: D814CB0A-309D-42B0-8AE7-7273045711DF