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STATE' ' OREGON DEPAKTMENT.OF ENVtRONMEN", QUAi_ffY NON POINT SOURCE GRANT AGREEMENT COE Contract # 2004-00327_ Project name: Clean WaterAcGon Protect DEQ Agreement # 062-04 EPA Grant Number: C9-000451-04 (G22214-04j CFDA 66.460 PCA # ti4743 Project W04550-00 his Agreement is between the State of Oregon, acting by and thmtrgh its Departrtrent of Environmental Qualify, hereafter caged Agency, and City of Eugene, hereafter caged Recipient. - Project officer: Kathy Eva Project oifioer: Marcia Danab, Public Infornation Officer Organization: City of Eugene Public Works Departrtient Deparfrrx~.nt of Fanrirorumental Quafrty . . 858 Pear! Street ~ 811 SW Sixth Avenue Eugene, OR 97401 Phone; 541-682-2739 • ~ Portland OR 972041390 taxpayer lt»l` ; 93-600211;0 Phone: 503-229.5488 i. Effective Date and Duration • this Agreement shah become effective on the date at wtrich every party has signed this Agreemet~. Unless earner terminated or extended. this Agreemer ah~ ex~ine when Recipient's rxxnpteied perfa•rianoe has been aa~epted by Agency or June 30.21)05. whidrever is sooner - . 2 Statement of YYork - .rice staterrrent of work. including the aeWery scde for the work, is oontatned in Extribtt A attached hereto and by this~reference made a part hereof. 3. Agreemmemt Documents . ' 71ris. Agreement consists of lire fogowtr~g documents wtdch are tlsted to descending order of precedence: this Agreemont less aq ends and attadied Exhibit A and attached E~d>ibits B and C. All atfac~ed Ezl~ifs are hereby incorporated by reference. 4. Consideration (aj Agetxy agrees b pay Redpient, from avaHaable and authorized federal tutxts~as provided in par~aph 8, the sum of i16 500 for . acoorr>pashing the work regained by this Agr~eetrtenf; The r>axlrmum. not-#o-e~oceed compensation payable b Rsdpient under tliis . Ag~erment. which indcrdes any apovw~ble axpenses: is i 16.500. . (bj'Any tr titerim payrments to Recipient shad ~bo rriade only in accordance wttfi ttie sd~dute and requirements in .Exfiib9 A 5. retracts - . rted~ietrt shag not e~ into shy sulbcor~trads for any of rho work sd~ded under this Agr+eerrrent wGhotd o6tainkrg prior writlen oorueM from ltje Agency's Pnojed Officer. - . 6. Ar~endmeMs . The temu of this Agreement Shat rat be w'aiVed,. aged, modified, supplemented,•or amended, h any manner whatsoever, except by wraten hutnatrerrt signed by both parses. Recipient Strati Horsy DEQ"s Project Officer in writing ftrirty (30) calendar days before Ws . of ~ Prom amendments b the Agreermerrt. No payrnentwal be. made for arty services performed before the . beginr~irtg date or after as expiration date of thts Agreemerrt. This Agrrement wal not be amended alter the exp&~on date. T. TerrNnatlon - ; (a) This Agreemett may be terminated by mutual consent of both parses or by Agency upon 30 day's ra8oe, b writing and definered by certised maa or in person. (bj The Agar may terminate this Agrepr»ent effec~ve upon deanery of written caeca b the Redpient, a at such other date as may ba estabGstad by the Deparament under any of are iopowir~g concltioru: • ~ . m ff Agency turxiing is rat obtaimea ana cor?tinraea at levels sufficlertt to aaow for pucr~ase of the specified. asrvlces. v>rtren poss~le, and when agreed upon. the Agreetnenf may be nacrrlad b axornmodate a reduction in funds. ~ - '(iijj ff federal or state regulasoru or gr~fdefines are tradified, changed or krfemreted in such a way aiada~e servk;es are no knrger atlovraWe a appropriate for pun~ase under arts Agreement. a are no longer eagiWe for the fiaxfirg proposed for payments authorized by this Agreement. (fiij ff arc Recipient fags b perform are work specaied herein, or so fa8s b pursue are work as b endanger petfotmanoe of arcs Agreetrtent Itt axor~darx;e wah its terms, and after receipt of written Hosea from the Agency, tafls b corned such fatlcxes wshin ten (10j days or such longer period as the Agency may authorize. . t. f=unds AvatlaWe and Authorized The Agency certifies at the fine the Agreement is written that sufsdent fuctds are available and authorized for a~ b finance casts of this Agreement within the Agencys cxrrrent apixoprtation and ~ Recipient turderstands and agrees scat-Agency's payment of . amounts ucxler this Agreement atfrbutabte to work performed after the last date of ale cxutent biennium is cor~ingent on Agency receiving fromm are Oregon ldglslative Assembly approptiatioru, amitafions, or otter expenddrxe authority suffrdent b atlow Agency, h the e~oettci9e of its reasonable administrative rascx~etior~. to continue b make payments under His . Im the event are Oregon Legislative fails b approve suRident appropriations, 6rnitations, or other e~enddrae authority, Agency may.ternirrate ass Agrpanent penalty or aabfGty b the Agency, effednre upon are delivery of written notice b Redpient, with no feather aabariy to RedpienL Mauch . Matching funds are required for atl 319 projects. The U.S. Environmental Protection Agency (EPA) requires a minimum 40% match of tl1e jots) cost or portion of the project for which 319 funds are used. The match requirement for this Agreement is i t 1,600. Add ?naf'~ is w+ekkame. thatching funds must come from kx;al, county, or state sources. Other Federal sources of fiords are not eGg?'ble. as match. Current match expenditures must be submittedvvith ail invoices using Nonpotnt 5ource.Grant Agreement 4_ xpenditures/AAatd' Report form attached as Exhibit 8.