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NON POINT SOURCE GRANT AGREEMENT COE Contract # 2004-0032T Project name: Clean Water Action Project DEQ Agreement # 062-04 EPA Grant Number. C9-000451-04 (622214-04) CFDA 66.460 PCA #64743 Project W04550-00 . This Agreement is between time State of Oregon, ailing by and through its Department of Environmental Quality, hereafter called Agency, and City of Eugene, hereafter taped Recipient. i Project officer. Kathy Eva Project officer: Marna Danab, Pubpc Infom~ation Officer Organ'rzafion: City of Eugene Pubpc Works Department Department of Environmental Quality • - ~ 858 Pearl Street ~ 811 SW Sixth Avenue Eugene, OR 97401 Phone: 541-682.2739 • ~ Portland OR 97204-1390 Taxpayer ID# :_93-6002160 Phone:503-229-6488 1. Effective Date and Duration - . This Agreement shag become effective on the date at which every gaily has signed this Agreement. Unless earlier terminated or extended, this Agreement shag expire when Redpient's completed performance has been accepted by Agency or June 30.2005, whichever is • sooner. - • 2. Statement of Work ~ - - - . The statement of work, inducting the depvery sdredule for the work, is contained in Exhibi# A attached hereto and by t6is.refen,nce made a i part hereof. - . 3: A,greenment Documents - This. Agreement consists of the fopowing documents which are psted in descending order of precedence: this Agreement less ap exhibits and attached Exhibit A and attadied Exhp~its B and C. All attached Exhibits are hereby incorporated by reference. ~ 4. Constderation - ~ ~ ~ . {a) Agency agrees to pay Reedpient, from available and authorized federal funds~as provided in paragraph 8, the sum of;16.500 for accomplishing the work required by this Agreement. The maximum, not-to-exceed c~mpensatibn payable to Reaprent und~• ibis Agreement, which indudes any apowabte expenses; is;16.500. (b)'Any interim payments to Recipient shag'be made only in accordance with ttie schedule and requirements in .Exhibit A i 5. Subcontracts Recipient shall not enter into any subcontracts for arty of the work sd>eduled under this Agreement without obtaining prior wrr'tten consent from ttie Agencys Project officer. - - 6. Amendments The terms of this Agreement shag not be waived,, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both parties. Recipient shag notify DEQ's Project Officer in writing thkty (30) calendar days before this Agreement expires of any proposed amendments to the Agreement. No payment wpt be. made for any services performed before the . beginnirtg date or after the expiration date of this Agreement. This Agreement wpl not be amended after the expiration date. 7. Termination (a) This Agreement may be terminated by mutual consent of both parties or by Agency upon 30 days nonce, in writing and depvered by certified map or in person. (b) The Agency may terminate ibis Agreement effective upon delivery of written notice to the Recipient, or at such other date as maybe estabi"ished by the Department under any of the fopowumg conditions: - (ij If Agency funding is not obtained and continued of levels suffiderit fo apow for purchase of the specified.services: When possible, and when agreed upon, the Agreement maybe modfied to accommodate a reduction tit funds. -(fi) if federal or state regulations or guidelines are modfied, changed or interpreted in such a way that the services are no bnger allowable or appropriate for purchase under this Agreement, or are no kmger epgibie for the funding proposed for payments Outhorized by this Agreement. pu) if the Reapient fags to perform the work speafied herein, or so fails to pursue the work as to eixlanger performance of this Agreement ~ accordance with its terms, and after receipt of written notice from the Agency, taps to correct such failures wrfhin ten (10j days or such kmger period as the Agency may authorize. B. funds Available and Authorized The Agency certifies at the time the Agreement is written that sufficient funds are available and authorized for expenditure to finance costs of this Agreement wphiim the Agencys current appropriation and limitation. Recipient understands and agrees that Agencys payment of . amounts under this Agreement attributable to work performed after the last date of the cunm:nt biennium is contingent on Agency receiving from the Oregon Legislative Assembly appropriations, timftations, or other expenditure authority suffictenf to allow Agency, in the exerase of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event the Oregon Legislative Assembly fails fo approve sufficient appropriations, pimifations, or other expenditure authority, Agency may.terminate this Agreement without penalty or liability to the Agency, effective upon the depvery of written notice to Recipient, with no further liability to Recipient. 3. Match Matching funds are required for a11319 projects. The U.S. Environmental Protection Agency (EPA) requires a minimum 40% match of the total cost or portion of the project for which 319 funds are used. The match requirement for this Agreement is; i 1,600. Additional match is welcome. Matching funds must come from local, county, or state sources. Other Federal sources of funds are not eligible as match. Current match expenditures must be submitfedwith nit invoices using Nonpoint Source.Grant Agreement Expendifures/Match Report form attached as F~chtbit B. x.,~aar pia ionooa 1 -