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STATE' - ~ ..OREGON DEPARTMENT OF ENVIRONMEN' QUALITY NON POINT SOURCE GRANT AGREEMENT COE Contract # 2004-00327 Project name: Clean WaterAcfion Project DEQ Agreement # 062-04 EPA Grant Number: C9-000451-04 (G22214-04) CFDA 66.460 PCA # 64743 Project #: W04550-00 This Agreement is between the State of Oregon, acting by and through its Department of Environmental Quality, hereafter called Agency, and City of Eugene, hereafter called Recipient. Project officer: Kathy Eva Organization: City of Eugene Public Works Department 858 Pearl Street Eugene, OR 97401 Phone: 541-682-2739 Taxpayer ID# : 93-6002160 Project officer: Marcia Danab, Public Information Officer Department of Environmental Quality - 811 SW Sixth Avenue Portland OR 97204-1390 Phone: 503-229-6488 1. Effecfrve Date and Duration - This Agreement shall become effective on the date at which every party has signed this Agreement. Unless earlier terminated or extended, this Agreement shall expire when Recipients completed performance has been acxepted by Agency or June 30.2005, whichever is . sooner. - - 2. Statement of Work The statement of work, including the delivery schedule for the work, is contained in Exhibit A attached hereto and by this reference made a part hereof. 3. Agreement Documents This Agreement consists of the following documents which are listed in descending order of precedence: this Agreement less all exhibits and attached Exhibit A and attached Exliib'its B and C. All attached Exhibits are hereby incorporated by reference. 4. Consideration - - (a) Agency agrees to pay Recipient, from available and authorized federal funds as provided in paragraph 8, the sum of 516.500 for accomplishing the work required by this Agreement. The maximum, not-to-exceed compensation payable to Recipient under this Agreement, which includes any allowable expenses,' is 516.500. Reapient shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written consent E .., #i,o~nnn,»!~Rrninr_!_!_lffionr _.___ -_._-T.-....._-.__.--~_.~_._ __.T--__.-~_~_-._-_-----------------. --------------------_,__.._ 6. __Amendments _ __ The teens of this agreement shall not be waived, altered, modified, supplemented,.or amended, in any manner whatsoever, except by written instrument signed byYboarGes. Recipient shall notf~~DEQ's Project Officer in writing th~ (30) calendar days before this Agreement expires of any proposed amendments to the Agreemerit~ No payment will be-made fog any semces p ~i ormed~ the beginning date`oT after`the expiration date afthis-A~reerrfanti-This-Agreementwiit notbe-amended=after-the-expiration=dates = _-=° - -_ -_ 7. _.Terminatian '- {a) This Agreement-may be-terminated by mutual consent of-both parties or by-Agency upon-30 dad's .notice, in writing and delivered by certified mail or in person. (b) The Agency may terminate this Agreement effective upon delivery of written notice to the Recipient, or at such other date as may be actahliahrarl::hv tha=r)anartmpnt nnrlRr gnu of the fnlinwinn rnntlffinns~ When possible;....... and when agreed upon, the Agreement may be modified to acxommodate a reduction in funds. (ii) If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement, or are no longer eligible for the funding proposed for payments authorized by this agreement. (iii) If the Reapient fails to perform the work specified herein, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from the Agency, fails to correct such failures within ten (10) days or such longer period as the Agency may authorize. '' 8. 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 within the Agency's current appropriation and limitation. Recipient understands and agrees that Agency's payment of . amounts under this Agreement attributable to work performed after the last date of the current biennium is contingent on agency receiving from the Oregon Legislative Assembly appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise ': 9. Assembly fails to approve sufficient appropriations, limitations, or other expenditure authority, Agency may terminate this agreement without penalty or liability to the Agency, effective upon the delivery of written notice to Recipient, with no further liability to Recipient. Match Matching funds are required for ail 319 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 $11,600. 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 submitted with all invoices using Nonpoint Source.Grant Agreement ExpenditureslMatch Report form attached as Exhibit B. Dipsagr Y73 10/2003 ~- - -