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HomeMy WebLinkAbout4316 Resolution - Grant Agr with Dept of Ecology for ASR PH 2 RESOLUTION NO. 4316 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE AQUIFER STORAGE AND RECOVERY FEASIBILITY STUDY—PHASE II PROJECT. WHEREAS,on October 29, 2020,the City of Pasco (City)awarded GSI Water Solutions, Inc. the Aquifer Storage and Recovery(ASR)Phase I Project; and WHEREAS, the City is evaluating the feasibility of developing an ASR program that would allow storing surplus water available from the City's existing supply sources in aquifers beneath the City for use during periods of peak-season demand; and WHEREAS,this project will build upon work completed under the first phase of the Pasco ASR Feasibility Study; and WHEREAS, to help fund this second phase, the City applied for and received a funding award from the Washington State Department of Ecology in the amount of$348,967.00 through the Office of Columbia River; and WHEREAS,these funds will be used to gather additional information to fill key data gaps identified during the initial Pasco ASR Feasibility Study prior to conducting any site-specific exploratory drilling and testing investigations to further assess feasibility and to guide a future ASR drilling and testing program; and WHEREAS, the City is required to enter into an agreement with Ecology for access to funds awarded to the City. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco hereby authorizes the Interim City Manager for the City of Pasco to execute the funding agreement with the Department of Ecology, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A;and to make minor substantive changes as necessary to execute the agreement. Resolution—Ecology ASR Phase II Grant Agreement.- 1 Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington, on this on this 6�'day of March, 2023. Blanc s Mayor ATTEST: APPROVED AS TO FORM: �/��_ !'I� �, r Debra Barham, CMC Ke erguson Law, PLLC City Clerk y Attorneys Resolution—Ecology ASR Phase II Grant Agreement.-2 EXHIBITA � DEPARTMENT OF � �- Eco �ocY State of Washington Agreement No. WROCR-2123-Pasco-00033 WATER RESOURCES COLUMBIA RIVER BASIN WATER MANAGEMENT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND PASCO CITY OF This is a binding Agreement entered into by and between the state of Washington,Departrnent of Ecology,hereinafter referred to as"ECOLOGY,"and PA5C0 CITY OF,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: City of Pasco Aquifer Storage and Recovery(ASR) Feasibility Study—PhaseII Total Cost: $348,967.00 Total Eligible Cost: $348,967.00 Ecology Share: $348,967.00 Recipient Share: $0.00 The Effective Date of this Agreement is: 03/O1/2023 The Expiration Date of this Agreement is no later than: 03/31/2026 Project Type: OCR Grant Pro�ect Short Description: The City of Pasco(City)is evaluating the feasibility of developing an ASR program that would allow storing surplus water available from the City's existing supply sources in aquifers beneath the City for use during periods of peak-season demand. This project will build upon work completed under the first phase of the Pasco ASR Feasibility Study. Proiect Long Description: The City of Pasco(City)is evaluating the feasibility of developing an ASR program that would allow storing surplus water available from the City's existing supply sources in aquifers beneath the City for use during periods of peak-season demand. The concept for a potential future Pasco ASR program would include withdrawing water from existing supply sources during the winter months when demands for water are low,injecting and storing that water in an aquifer system beneath the City using a well or series of wells,and recovering the stored water from those same wells to State of Washington Deparlment of Ecology Page 2 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibiliry 3tudy—PhaseII Recipient Name: PASCO CTI'Y OF meet peak summer demands.This would allow the City to augment peak-season demand needs and help meet projected demand shortfalls without increasing permitted withdrawals from the Columbia River during the low-flow summer months.A successful Pasco ASR program would allow the City to optimize use of their portion of the Quad City water right permit and increase the sustainability and resiliency of their existing water supply sources. Findings from the initial feasibility study suggest that development of a Pasco ASR program appears feasible. The City is situated in a geologic region where the vast majority of operational ASR systems in the Pacific Northwest are located, including active ASR facilities currently operated by the cities of Kennewick,Walla Walla,and Pendleton.The Umatilla Member of the Saddle Mountains Basalt and the Frenchxnan Springs Member of the Wanapum Basalt have been identified as potential storage aquifers for a Pasco ASR program.Additional work however,is recommended to better understand ASR feasibility given the general lack of specific data on the target storage aquifers. Building upon existing and available information compiled and evaluated as part of the inirial Pasco ASR feasibility study, this next phase of the study will address hydrogeologic and water quality data gaps identified for the two candidate basalt storage aquifers prior to conducting any site-specific exploratory or test well drilling investigations,and will complete a preliminary water quality evaluation to assess geochemical compatibility between source water and basalt groundwater.The water quality evaluation also will include a preliminary assessment of all known,available,and reasonable methods of prevention,control,and treatment(AKART)to identify the likely best approach to reduce or eliminate constituents that might violate the State's anti-degradation policy(Chapter 173-200-030 WAC). Recommended next steps prior to conducting any site-specific drilling and testing investigations include(1)conducting reconnaissance surveys of key basalt wells in the area,(2) collecting and analyzing ASR supply water and proxy groundwater quality samples,and(3)completing a geochemical compatibility assessment to evaluate for potential adverse geochemical reactions between ASR supply water and groundwater and to identify contaminants likely to exceed groundwater quality criteria or baseline groundwater quality conditions. Overall Goal: The goal of a potential future Pasco ASR program would be to maintain robust and sustainable long-term water supplies for the City of Pasco without expanding use of summer dry-season sources. By utilizing existing water rights in times of surplus supply to store water for later use,the City can optimize its supply portfolio in an environmentally sustainable way. The overall goal of this phase of the project is to fill key data gaps identified during the initial Pasco ASR Feasibility Study prior to conducting any site-specific exploratory drilling and testing investigations to further assess feasibility and to guide a future ASR drilling and testing program. Template Version 12/10/2020 State of Washington Depamnent of Ecology Page 3 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(A5R)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF RECIPIENT INFORMATION Organization Name: PASCO CITY OF Federal Tax ID: 91-6001264 Mailing Address: PO Box 293 Pasco,WA 99301 Physical Address: 525 N Third Ave Pasco,Washington 99301 Organization Email: worleys@pasco-wa.gov Organization Fax: (509)543-5728 Contacts Template Version 12/10/2020 State of Washington Deparhnent of Ecology Page 4 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CTI'Y OF Steve Worley Project Manager Public Works Director 525 N Third Ave Pasco,Washington 99301 Email: worleys@pasco-wa.gov Phone: (509)545-3445 Billing Contact J�ette Romero Adxnin Assistant II 525 N Third Ave - Pasco,Washington 99301 Email: romeroj 1 @pasco-wa.gov Phone: (509)543-5738 Steve Worley Authorized Public Works Director Signatory 525 N Third Ave Pasco,Washington 99301 Email: worleys@pasco-wa.gov Phone: (509)545-3445 Template Version 12/10/2020 State of Washington Depariment of Ecology Page 5 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF ECOLOGY INFORMATION Mailing Address: Department of Ecology Office of the Columbia River PO BOX 47600 Olympia,WA 98504-7600 Physical Address: Office of the Columbia River 300 Desmond Drive SE Lacey,WA 98503 Contacts Scott Tarbutton Project Manager 4601 N Monroe Street Spokane,Washington 99205-1295 Email: scta461 @ecy.wa.gov Phone: (509)867-6534 Harmony Gehlert Financial Manager PO Box 47600 Olytnpia,Washington 98504-7600 Email: HGEH461@ecy.wa.gov Phone: (564)669-3605 Scott Tarbutton Technical Advisor 4601 N Monroe Street Spokane,Washington 99205-1295 Email: scta461 @ecy.wa.gov Phone: (509)867-6534 Template Version 12/10/2020 State of Washington Department of Ecology Page 6 of 27 Agreement No: WROCR-2123-Pasco-OQ033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and condirions of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as a11 applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. 1'his Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State PASCO CI1'Y OF Departrnent of Ecology By: By: G. Thomas Tebb,L.Hg.,L.E.G. Date Steve Worley Date Office of the Columbia River Public Works Director Director Template Approved to Form by Attorney General's Office Template Version 12/10/2020 State of Washington Department of Ecology Page 7 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF Adam Lincoln Interim City Manager Date Template Version 12/l0/2020 3tate of Washington Department of Ecology Page 8 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CTI'I'OF SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration/Management Task Description: A.The RECIPIENT will administer the project. Responsibilities will include,but not be limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient closeout report(including photos);compliance with applicable procurement,contracting,and interlocal agreement requirements; application for,receipt of,and campliance with all required permits, licenses, easements,or property rights necessary for the project; and submittal of required performance items. B.The RECIPIENT must manage the project. Efforts will include: conducting,coordinating,and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT;all affected local, state,or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed project that meets agreement and Ecology administrative requirements. Task Exqected Outcome: *Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report. *Properly maintained proj ect documentation Reci ient Task Coordinator: Steve M.Worley,PE Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports 06/30/2023 1-2 Recipient Closeout Report 03/31/2026 Template Version 12/10/2020 State of Washington Department of Ecology Page 9 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseR Recipient Name: PASCO CTTI'OF SCOPE OF WORK TaskNumber: 2 TaskCost: $55,103.00 Task Title: Basalt Well Reconnaissance Surveys Task Descri tion: Three deep basalt wells identified as part of the initial feasibility study were recognized as key wells that could potentially provide additional information to further assess ASR feasibility prior to designing and conducting any site-specific exploratory drilling or basalt test well installations. Two of the wells were drilled for the U.S.Government Naval Air Station circa 1943. T'he wells are approximately 1,050-feet deep and are located somewhere near the Tri-Cities Airport.Based on their reported depths,the wells may be completed in the upper portion of the Wanapum Basalt.No construction diagrams were discovered for these wells and their status is unknown.An additi�nal deep basalt well(Welch's well)is in north Kennewick south of the study area. Based on the geologist and driller's logs,the Welch's well penetrated an interflow zone within the Umatilla Member that was approximately 50 feet thick and capable of very high groundwater yields. Specific work activities to be completed as part of this task include: • Review water rights information and parcel maps to help identify the actual locations and owners of the wells. • Obtain and review drillers'logs for the airport wells that Durand&Son drilled in the early 1940's for the U.S.government. We understand that the logs are not available in Ecology's well log database and that the Durand family donated all their well logs and notes to Whitman College. • Prepare for and conduct a site visit of the wells to evaluate their availability for video surveying,groundwater level monitoring,pump testing,geophysical logging,and water quality saxnpling. • Prepare a draft technical memorandum and lead a presentation for Ecology that will summarize findings and recommend next steps. • Prepare a final technical memorandum based on Ecology review/comment. Should results indicate that the wells are available for evaluation and testing,a scope of work and budget amendment for this task will be prepared and requested to conduct the following anticipated work activities: • Develop a work plan and Quality Assurance Project Plan(QAPP)for the recommended well evaluations,testing and sampling activities.Development of the plans will be completed in close coordination with and input from Ecology. • Prepare technical specifications for bidding/contracting a licensed water well contractor to assist with the investigative work. • Develop a project-specific health and safety plan for field activities. • Provide field oversight for the recommended investigative activities and conduct field work according to the approved work plan and QAPP. • Prepare a technical memorandum and lead a presentation for Ecology that will summarize work completed and results from the investigation, and that will provide a recommendation to proceed with Task 3 or to reevaluate next steps before moving forward. • Prepare a final technical memorandum based on Ecology review/comment. Task Goal Statement: The objective,of this task is to facilitate filling key hydrogeologic and water quality data gaps to the extent possible with the purpose of further assessing ASR feasibility prior to designing and conducting any costly site-specific exploratory drilling or basalt test well installations. Template Version 12/10/2020 State of Washington Department of Ecology Page 10 of 27 Agreement Na WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CTTY OF Task Expected Outcome: The expected outcomes of this task include a confirmation on the location and status of the three key basalt wells, summary of any additional hydrogeologic information discovered, and determination on whether the wells could be accessed for video surveying,groundwater level monitoring,pump testing,geophysical logging,and/or water quality sampling.The information gathered in this task will be included in a draft and final technical memorandum. Additional task outcomes will be identified through the budget amendment scoping process should the wells be available for evaluation and/or testing. Should the wells not be available for further evaluation and/or testing,the work proposed under subsequent Tasks 3 and 4 will be reassessed and a subsequent amendment to this agreement may be needed depending on agreed-upon next steps. Recipient Task Coordinator: Steve M.Worley,PE Basalt Well Reconnaissance Surveys Deliverables Number Description Due Date 2-� Draft Technical Memorandum and presentation to Ecology 06/29/2023 2•2 Presentation meeting notes 07/13/2023 2•3 Final Technical Memorandum 07/31/2023 Template Version 12/10/2020 State of Washington Department of Ecology Page 11 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer 5torage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF SCOPE OF WORK Task Number: 3 Task Cost: $220,059.00 Task Title: Water Quality Evaluation Task Description: Collect water quality samples from the City's West Pasco water treahnent plant and Columbia River Intake and submit for comprehensive analyses by a State accredited water quality laboratory. Eight water quality samples will be collected from each identified sample location over a period of at least one year and analyzed to establish baseline conditions and water quality variability according to Ecology's Implementation Guidance for the Ground Water Quality Standards (Publication#96-02). The water quality sampling program will be developed in close coordination with and input from Ecology. If findings from Task 2 are favorable and Ecology authorizes the work to continue,the specific work activities to be completed as part of this Task 3 will include: • Plan for and lead water quality evaluation planning meeting with Ecology. • Develop a work plan and QAPP f�r water quality sampling and analyses. • Coordinate with and incorporate input from Ecology on preparation of the work plan and QAPP. • Develop a project-specific health and safety plan for field activities. • Plan for and coordinate all water quality sampling events with the City and analytical laboratory. • Monitor field parameters and collect water quality samples according to Ecology-approved work plan and QAPP. • Tabulate and summarize water quality laboratory test results and compare against drinking water and groundwater quality standards(Chapters 246-290-310 and 173-200-040 WAC). • Compare source water quality results against native groundwater quality data from the deep basalt wells during Task 2,and mineralogical and whole-rock composition data of the aquifer solids from the City of Kennewick ASR-1 feasibility study to complete a preliminary geochemical compatibility assessment. The geochemical compatibility assessment would evaluate the effect of potential geochemical reactions resulting from interactions between source water,receiving groundwater,and aquifer solids on well performance and on the quality of the native groundwater and source water recovered from storage. • Conduct a preliminary AKART analysis and prepare a dra$overriding consideration of the public interest (OCPI) determination request. The preliminary AKART analysis and draft OCPI determination will be completed to evaluate the best approach to reduce or eliminate constituents that might violate the anti-degradation policy and to evaluate other strategies or approaches for meeting water quality criteria and the State's anti-degradation policy. The AKART analysis and OCPI determination will be conducted according to Ecology's Guidance for Aquifer Storage and Recovery AKART Analysis and Overriding Consideration of the Public Interest Demonstration(Publication No. 17-10-035). Task Goal Statement: The objective of this task is to assess whether the State's groundwater quality standards can be met,with the purpose of identifying water treatment and infrastructure altematives potentially available to reduce environmental risks of a future Pasco ASR program. Task Expected Outcome: The expected outcomes should Ecology authorize work to continue under this Task 3 will include findings from the water quality evaluation,preliminary AKART analysis, and draft OCPI determination request based on existing and available treatabiliTy data and provisions within Chapter 173-200 WAC. The expected outcomes also will include planning-level cost estimates for wellhead treatment based on the viable options identified and a recommendation to meet compliance with State Template Version 12/10/2020 State of Washington Deparhnent of Ecology Page 12 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CTfl'OF groundwater quality standards. If the proposed work under Task 3 is not authorized by Ecology,an amendment to this agreement may be needed depending on agreed-upon next steps. Recipient Task Coordinator: Steve M.Worley,PE Water Quality Evaluation Deliverables Number Description Due Date 3.1 Draft Work Plan and Quality Assurance Project Plan(QAPP)to Ecology 06/29/2023 3.2 Final Work Plan and QAPP 08/31/2023 3.3 Draft Water Quality Evaluation,preliminary AKART Analysis,and OCPI 06/26/2025 Determination Request Technical Memorandums and resentation to Ecolo 3.4 Presentation meeting notes 07/17/2025 3.5 Final Technical Memorandums 07/31/2025 Template Version 12/10/2020 State of Washington Depariment of Ecology Page 13 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITI'OF SCOPE OF WORK Task Number: 4 Task Cost: $73,805.00 Task Title: Phase II Pasco ASR Feasibility Study Report Task Description: Pending Ecology approval and authorization to move forward based on findings and recommendations from the preceding tasks,the purpose of this task will be to prepare a Phase II ASR Feasibility Study Report that will update the Initial ASR Feasibility Study Report based on results of Tasks 2 and 3.If there are feasible/viable options that the City in consultation with Ecology/OCR wants to pursue,then the Phase II report will include a project implementation plan. The project implementation plan will describe additional investigations and analysis needed to move development of a Pasco ASR program forward.The Phase II ASR report also will include a planning-level implementation path and associated cost estimate for the City to follow in developing one or more future ASR options. The Phase II ASR report will summarize findings from Tasks 2 and 3,and will include: • Updated findings from the Initial ASR Feasibility Study Report describing hydrogeologic,water quality and/or source water supply factors to consider in ASR. The planning-level implementation path described in the Phase II ASR Feasibility Study Report will summarize,for the highest ranked ASR site development option: • Additional data and/or analysis needs and recommendations. • Permitting pathway. • Project development plan and planning-level cost estimate. • A general project schedule,focusing on biennial time steps. • Planning level cost estimate(s)for preferred option. • An Ecology/OCR grant funding request if the City decides to proceed. Task Goal Statement: The objective of this task is to provide a determination regarding the feasibility ofASR in Pasco.If success ofASR is determined to be likely,then recommendations will be made for next steps. Task Ex ected Outcome: The expected outcome should Ecology authorize work to continue under this Task 4 is a summary of Phase II findings and a determination of whether ASR is feasible. If the proposed work under Task 4 is not authorized by Ecology, an arnendment to this agreement may be needed depending on agreed-upon next steps. Template Version 12/10/2020 State of Washington Department of Ecology Page 14 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITI'OF Recipient Task Coordinator: Steve M.Worley,PE Phase II Pasco ASR Feasibility Study Report Deliverables Number Description Due Date 4.1 Draft Phase II ASR Feasibility Study Report and presentation to Ecology 10/30/2025 4.2 Presentation meeting notes 11/13/2025 4.3 Final Phase II ASR Feasibility Study Report 12/31/2025 Template Version 12/10/2020 State of Washington Department of Ecology Page 15 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITI'OF BUDGET Funding Distribution EG230197 NOTE: The above funding distribution number as used to identify this specif c agreement and budget on payment remittances and may be referenced on other communications,fi-om ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: 21-23 Columbia River Water Supply Dev. Funding Type: Grant Funding Effective Date: 03/O1/2023 Funding Expiration Date: 03/31/2026 Funding Source: Title: Columbia River Water Supply Development Account Fund: FD Type: State Funding Source%: 100% Description: Grants for the purpose of the assessment,planning and development of project that acquire and/or implement senior water rights,water conservation,water resuse, stream gaging,groundwater monitoring,and developing natural and constructed infrastructure designed to provide access to new water supplies. Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match%: p% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No 21-23 Columbia River Water Supply Dev. Task Total Proj ect Administration/Management $ 0.00 Basalt Well Reconnaissance Surveys $ 55,103.00 Water Quality Evaluation $ 220,059.00 Phase II Pasco ASR Feasibility Study Report $ 73,805.00 Total: $ 348,967.00 Template Version 12/10/2020 State of Washington Deparnnent of Ecology Page 16 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasihility Study—PhaseII Recipient Name: PASCO CITY OF Fundin�Distribution Summarv Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total 21-23 Columbia River Water 0.00 % $ 0.00 $ 348,967.00 $ 348,967.00 Supply Dev. Total $ 0.00 $ 348,967.00 $ 348,967.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred, suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transacrions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. Template Version 12/10/2020 State of Washington Depariment of Ecology Page 17 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF 7. RECIPIENT/CONTRACTOR aclaiowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,aze not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <htlp://www.sam.gov>and print a copy of completed seazches to docuxnent proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FFATA REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. � Receives more than$30,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. � Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collecrion Form.Ecology is required to report the FFATA information for federally funded agreements,including the required Unique Enrity Identifier in www.sam.�ov<hitL://www.sam.�.ov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspendin�.gov<hF��://www.usaspendin�.=�ovh. For more details on FFATA requirements,see www.fsrs.gov<htFr://www.fsrs.�ov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR E UIPMENT: As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain;or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in F ;Law 115-232 <hti�,s: �.�;�ovinfo.�ov/content/pk��:'PT '7-]' ��� ?32/��df/F T-11_5�ub1232.pd�, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in the S`st �� ient t S:���4a <hstps:/ �� _ _ >exclusion list. Template Version 12/10/2020 State of Washington Depariment of Ecology Page 18 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CTTY OF Template Version 12/10/2020 State of Washington Department of Ecology Page 19 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATNE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.hhn1) b) RECIPIENT shall complete all activities funded by this Agreement and be fixlly responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the tertns and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concttrrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,soflware systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize, or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. *For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Page 20 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CIT'I'OF • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves�eld activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers,and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360) 586-3065, any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project II}P. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department ofArchaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local, state,and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all affected local,state,or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payrnents will be made on a reimbursable basis for approved and completed work as specified in this A�eement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. fl ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofin.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion, such payxnent is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Deparhnent of Ecology Page 21 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility 3tudy—PhaseII Recipient Name: PASCO CITY OF j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance, and other reports required by this Agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS REGIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement, including but not limited to: a) REGIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any oi�icer,member, agent,or employee,who exercises any function or responsibility in the review,approval, or carrying out of this Agreement, shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. REGIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the REGIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review. Template Version 12/10/2020 State of Washington Department of Ecology Page 22 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer 5torage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITI'OF The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT fiunishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA) officer or the Program QA co�rdinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and c�rrect data was successfully loaded into EIM, find insfixctions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographio-Information-Systems-GIS/Standards. RECIPIENT,when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers, or agents of the other party. Template Version 12/10/2020 State of Washington Department of Ecology Page 23 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITYAND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potenrial sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S.Departrnent of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement;(c) Scope of Work;(d)Special Terms and Conditions; (e)Any provisions or terms incorp�rated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(�Ecology Funding Program Guidelines; and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Page 24 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CIT'Y OF a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through September 30,and October 1 through December 3l. Reports shall be submitted within thiriy(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thiriy(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or properiy,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports, signs,brochures,pamphlets, etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall aclrnowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of a11 real and personal properiy purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific insfixctions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. � Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. Template Version 12/10/2020 State of Washington Depamnent of Ecology Page 25 of 27 Agreement Na WROCR-2l23-Pasco-00033 Project Title: City of Pasco Aquifer 3torage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CTTY OF 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayrnent,or any dispute resolution hereunder. RECIPIENT shall provide clari�cation and make necessary adjushnents if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All paytnents to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payxnent or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume perfortnance on the next business day following the suspension period unless another day is specified by ECOLOGY. Tem�plate Version 12/10/2020 State of Washington Department of Ecology Page 26 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer 5torage and Recovery(ASR)Feasibility Study—PhaseII Recipient Name: PASCO CITY OF 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable, and recyclable, 100%post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notificarion to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 State of Washington Department of Ecology Page 27 of 27 Agreement No: WROCR-2123-Pasco-00033 Project Title: City of Pasco Aquifer Storage and Recovery(ASR)Feasibility 3tudy—PhaseII Recipient Name: PASCO CTI'Y OF event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies,surveys,drawings,maps,models,photographs,reports or other materiais prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PART'Y BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020