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<br /> State of Washington Department of Ecology Page 29 of 39
<br /> Agreement No: WQC-2019-EverPW-00051
<br /> Project Title: Reduction of CSOs at Two Snohomish River Outfalls
<br /> Recipient Name: City of Everett Public Works Department
<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 /> ECOLOGY for assistance in obtaining a copy of those regulations.
<br /> Version 10/30/2015
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