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State of Washington Department of Ecology Page 28 of 38
<br /> Agreement No: WQC-2019-EverPW-00052
<br /> Project Title: Port Gardner Bay Outfalls Water Quality Treatment Retrofit
<br /> Recipient Name: City of Everett Public Works Department
<br /> Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW,"Defaults,"
<br /> any state funds otherwise due to the RECIPIENT may,at ECOLOGY's sole discretion,be withheld and applied to the
<br /> repayment of the loan.
<br /> Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY,any personal property
<br /> (equipment)acquired under this agreement may,in ECOLOGY's sole discretion,become ECOLOGY's property. In
<br /> that circumstance,ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair
<br /> 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
<br /> of ECOLOGY,become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable
<br /> compensation for 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
<br /> any actions it deems necessary to collect the amounts due,or to become due,or to enforce the performance and
<br /> observance of 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
<br /> attorneys and other reasonable expenses(including,without limitation,the reasonably allocated costs of legal staff)
<br /> shall be awarded to the 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
<br /> and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may
<br /> withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the
<br /> RECIPIENT is determined.
<br /> T.User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and
<br /> implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility
<br /> shall pay its proportionate share of the cost of operation and maintenance,including replacement during the design life
<br /> of the project. The 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
<br /> provides adequate revenues necessary to operate and maintain the funded utility,to establish reserves to pay for
<br /> replacement, and to 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
<br /> agreement is 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,
<br /> proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal
<br /> government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
<br /> unable to certify to the statements contained in the certification,they must provide an explanation as to why they
<br /> 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
<br /> erroneous by reason of changed circumstances.
<br /> 3. The terms covered transaction,debarred, suspended,ineligible,lower tier covered transaction,participant,
<br /> person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
<br /> the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
<br /> Version 10/30/2015
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