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HomeMy WebLinkAboutR-2012-018 Wastewater Treatment Plant Capital Improvements; Loan and Grant with the Department of EcologyA RESOLUTION RESOLUTION NO. R-2012-18 authorizing the City Manager to execute documents and agreements pursuant to a loan and a grant offer from the Department of Ecology of 25% forgivable principle loan totaling $3,751,150 to fund capital improvement projects at the City's Wastewater Treatment Plant. WHEREAS, the City of Yakima (City) owns and operates wastewater collection and treatment facilities in accordance with applicable Federal, State and Local regulations, and WHEREAS, the City of Yakima has developed and adopted a plan for wastewater collection and treatment for the Yakima Regional Urban Area; such a plan being necessary to determine the needs of the area for health, safety and well being of the people, and WHEREAS, the plan was developed in accordance with the requirements of WAC 173- 240; and WHEREAS, the plan identifies facilities and systems required to be constructed, improved and rehabilitated at the City of Yakima Wastewater Treatment Plant that address present and future growth and mandated (regulatory and renewal/safety) requirements ; and WHEREAS, the cost of engineering, design, and construction of the capital improvement projects at the Wastewater Treatment Plant are eligible for low interest and forgivable principal loans from Washington Department of Ecology; and WHEREAS, a 25% forgiveable principle loan offer for $3,751,414 to fund a portion of this project was received from the Department of Ecology; and WHEREAS, the loan and grant amount were expected and have already been incorporated into the Wastewater Division's 2012 Budget. WHEREAS, it is necessary that certain conditions be met as part of the application process RCW 43.155.060 requires that the project will be advertised for competitive bids and administered according to standard local procedure; and WHEREAS, any loan arising from this application constitutes a debt to be repaid, and Ryan Anderson, Wastewater Division Utility Engineer has reviewed and concluded it has the necessary capacity to repay such a loan; and WHEREAS, the information in this application is true and correct to the best of the government's belief and knowledge and it is understood that the state may verify information, and the untruthful or misleading information may be cause for rejection of this application or termination of any subsequent loan agreement(s); and NOW THEREFORE, the City of Yakima certifies that it meets these requirements, and further that it intends to enter into a loan agreement with the Department of Ecology State Revolving Fund , provided that the terms and conditions for a State Revolving Fund agreement are satisfactory to all parties; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute all applicable documents and agreements pursuant to a 25% forgivable principal loan from the Department of Ecology totaling $3,751,414 to fund capital improvement projects at the City's Wastewater Treatment Plant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: ADOPTED BY THE CITY COUNCIL this 7th day of February, 2012. ATTEST: City Clerk 141ar ayor 'state of UVash'ington WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA Table of Contents Page PART I. GENERAL INFORMATION 3 PART II. PROJECT SUMMARY 6 PART III. PROJECT BUDGET 7 PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT 7 PART V. SCOPE OF WORK 8 PART V(A). SPECIAL TERMS AND CONDITIONS 11 PART VI. LOAN INTEREST RATE AND TERMS 11 PART VII. ALL AGREEMENTS CONTAINED HEREIN 12 ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL 2 ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION 2 ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING FEDERAL ASSISTANCE 2 ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND 1 ACCOUNTING STANDARDS 1 ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE 1 ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES 1 AUTHORITY .1 CERTIFICATIONS 1 Page 1 CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 2 CLEAN WATER STATE REVOLVING FUND INITIAL DATA REPORTING SHEET (DATA SHEET) 3 COMMENCEMENT OF WORK 3 COVENANTS AND AGREEMENTS 3 DISADVANTAGED BUSINESS ENTERPRISE (DBE) 5 FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE) 7 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS' 9 FORCE ACCOUNT 9 GROWTH MANAGEMENT PLANNING 9 INCREASED OVERSIGHT (IF APPLICABLE) 10 LOAN REPAYMENT 10 LOCAL LOAN FUND PROJECTS 11 MODIFICATIONS TO AGREEMENT 12 PAYMENT REQUEST SUBMITTALS 12 POST PROJECT ASSESSMENT SURVEY 13 PREVAILING WAGE 13 PROCUREMENT 14 PROGRESS REPORTS 14 REPRESENTATIONS AND WARRANTIES 14 SEWER -USER ORDINANCES AND USER -CHARGE SYSTEM (IF APPLICABLE) 15 SIGNAGE 16 SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS) 16 TERMINATION AND DEFAULT; REMEDIES 16 WATER QUALITY MONITORING 18 ATTACHMENT 5: AGREEMENT DEFINITIONS 1 ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY 2 ATTACHMENT 7: THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORT FORM (PART 1) 2 & 2 THE CLEAN WATER STATE REVOLVING FUND INITIAL DATA REPORTING SHEET (DATA SHEET) (PART 2)2 ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE 2 Page 2 WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF F WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA FOR METHANE UTIILIZATION/ENERGY CONSERVATION PROJECT THIS is a binding loan [LOAN] agreement entered into by and between the state of Washington Department of Ecology [DEPARTMENT] and City of Yakima [RECIPIENT]. The purpose of this LOAN agreement is to provide funds to the RECIPIENT to carry out the activities for the project [PROJECT] described in this LOAN agreement. This LOAN agreement consists of 13 pages and &attachments. Capitalized terms used, but not otherwise defined, in this LOAN agreement are defined in ATTACHMENT 5. PART I. GENERAL INFORMATION PROJECT Title: Methane Utilization/Energy Conservation Project PROJECT Period: Effective Date: August 1, 2011 Completion Date: December 31, 2014 LOAN Number(s): L1200019 Standard Interest LOAN Amount: $3,054,264 Interest Rate: 2.6% LOAN Term: 20 Years Forgivable Principal Amount: ' $697,150 Total LOAN Amount: b $3,751,414 State Fiscal Year: 2012 RECIPIENT Information RECIPIENT Name: Mailing Address: City of Yakima 2220 East Viola, Yakima, WA 98901 Page 3 FEDERAL TAXPAYER ID NUMBER: Data Universal Numbering System (DUNS) Number: PROJECT Contact: PROJECT Manager: Email Address: Phone Number: Fax Number: Address: Ecology Project Contact Information PROJECT Manager: Email Address: Phone Number: Fax Number: Address Financial Manager: Email Address: Phone Number: Fax Number: Address 91-6001293 City of Yakima 078212651 Wastewater Division 032118486 Ryan Anderson Ryan Anderson rcanders@ci.yakima.wa.us (509) 249-6813 (509) 575-6116 City of Yakima 2220 East Viola, Yakima, WA 98901 Sanjay Barik sanjay.barik@ecy.wa.gov (509) 454-4247 (509) 575-2809 WA State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Bill Hashim bhas461@ecy.wa.gov (360) 407-6549 (360) 407-7151 WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 SRF Reporting Coordinator Brian Brada Email Address brbr461@ecy.wa.gov Funding Source(s) for This LOAN agreement: This LOAN agreement may be funded in part or in full with federal funds (Catalog of Federal Domestic Assistance Number 66.458) passed through to the RECIPEINT by the DEPARTMENT. As a "sub -recipient" of federal funds, OMB Circular A-133 contains certain requirements which may apply. Specifically, if the RECIPIENT or sub -recipient has expended a cumulative total (direct or pass through) of $500,000 or more in federal awards in a fiscal year, an audit may be required in accordance with OMB Circular A-133. If federal funds have been used to reimburse eligible costs incurred for this PROJECT as part of this LOAN agreement, the DEPARTMENT's fiscal office will provide Page 4 notification in January of each year that identifies the amount of federal funds that have been expended. (Federal funding for this AGREEMENT is provided from Capitalization Grants and state match for Clean Water State Revolving Funds; Environmental Protection Agency, Office of Water) Specific Funding Catagories: Loan for Green Project Reserves Green Infrastructure Amount: $ Water Efficiency Amount: $ Energy Efficiency Amount: $697,150 Innovative Amount: $ TOTAL Amount: $697,150 Forgivable Principal Subsidy for Green Project Reserves Green Infrastructure Amount: $ Water Efficiency Amount: $ Energy Efficiency Amount: $697,150 Innovative Amount: $ TOTAL Amount: $697,150 Loan (Other) Amount: Forgivable Principal Subsidy Amount: State Centennial Loan Funds: ❑ Yes ® No GENERAL LOAN INFORMATION: Increased Oversight: ® Yes ❑ No Useful life of the PROJECT: 20 Years $2,357,114 ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No PROJECT TYPE: Check all that apply Facilities Project: ® Yes ❑ No Activities Project: ❑ Yes ® No Green Project Reserves: ® Yes ❑ No Page 5 LOAN SECURITY: Check all that apply Does this LOAN agreement and the LOAN to be made constitute Revenue Secured Lien Obligation of the RECIPIENT: ❑ Yes ® No Does this LOAN agreement and the LOAN to be made constitute a general obligation debt of the RECIPIENT or the state of Washington: ® Yes ❑ No Does this LOAN agreement and the LOAN to be made constitute a valid general obligation of the RECIPIENT payable from special assessments: ['Yes ® No Is this LOAN secured with dedicated revenue through a Tribal Governmental Enterprise: ❑ Yes ® No IMPORTANT DATES: Estimated Project Start Date: August 1, 2011 Initiation of Operation (IO): ® Yes ❑ No IO Date: July 1, 2014 Project Completion Date: December 31, 2014 Prior Authorization: ['Yes ® No If yes, Effective Date: Interim Refinance: ® Yes ❑ No If yes, Effective Date: August 1, 2011 Post Project Assessment Date (see Part IV and ATTACHMENT 4): July 1, 2017 LOAN agreement Effective Date: The effective date of this LOAN agreement is the date this LOAN agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this LOAN agreement, without written Prior Authorization or Interim Refinance approval from the DEPARTMENT, will be at the sole expense and risk of the RECIPIENT. PART II. PROJECT SUMMARY This design and construction PROJECT will analyze methane gas generation to address existing and future onsite power needs. Utilizing methane gas production will reduce the need to augment fuel for boiler and dryer operations with diesel and natural gas, eliminate wasting of methane and ultimately reduce electrical consumption. This scope of work will accomplish the designing and construction of a grease receiving station and design and construction of a new bio -solids dryer. This PROJECT is Phase 2 of RECIPIENT' s overall energy efficiency retrofit of its wastewater treatment facility. Page 6 PART III. PROJECT BUDGET •y«S'-zG.= a^,S° .. xp. .. r. »r :!- ..0 ,.`'° Total° , `, .w.:1,-- .: PROEC Y.ls".z. °' ,,, :Cost Iota oia c^;,aTotaStandard:, Eligible PROJECT 4 <Cos :�;;��-,-, . L Aintnt � o o.. �.wArTo '' G1R Lofari nT tal ajMd n0 -•� ^.yE '''-'"- .,' !„y GPR ; F<ogivableas Princpale« 1. Project Administration and Management $0 $0 $0 $0 $0 2. Bio -gas Analysis $400,000 $400,000 $0 $0 $0 3. Design and Construct Grease Receiving Station $549,090 $549,090 $0 $274,545 $274,545 4. Design and Install New Boilers $1,398,559 $1,398,559 $195,742 $97,871 $97,871 5. Design and install Up- flow Anaerobic Sludge Blanket_(UASB) system $7,145,000 $0 $0 $0 $0 6. Design and Install a Bio- solids Dryer $7,309,003 $7,309,003 $2,161,372 $324,734 $324,734 Total $16,801,652 $9,656,652 $2,357,114 $697,150 $697,150 1. The DEPARTMENT'S Fiscal Office will track to the total eligible Revolving Fund LOAN amount. However, the RECIPIENT cannot deviate among elements without DEPARTMENT approval. 2. The DEPARTMENT will amend the project budget to reflect the low responsive responsible bidder. See PART V(a) SPECIAL TERMS AND CONDITIONS number 3. 3. Other Funding Sources: ® Yes (if Yes, list sources and amounts) ❑ No 2011 Green Project Reserve Phase 1 SRF Loan -$1,007,116 Public Works Trust Fund -$5,000,000 Local Funds- -$8,050,238 PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT (see Important Dates in Part Iand Post Project Assessment in Attachment 4) A. Financial Assistance Water Quality Project Goals: One or more of the selected following goals apply to this project: ❑ Severe Public Health Hazard or Public Health Emergency eliminated. ® Designated beneficial uses will be restored or protected, 303(d) -Listed water bodies restored to water quality standards, and healthy waters prevented from being degraded. ❑ Regulatory compliance with a consent decree, compliance orders, TMDL or waste load Page 7 allocation achieved. B. Water Quality and Energy Efficiency Project Outcomes: The following are quantitative results anticipated from the project. a. Increase methane gas production between 10 and 20%. b. Reduce Class B bio -solids production at least by 1500 tons per year after the project construction is completed. c. Reduce minimum 1.4 million kilowatt hours of electrical consumption per year after the project construction is completed. C. Environmental Mitigation: ❑ Yes ® No If Yes, list the environmental mitigation measures: PART V. SCOPE OF WORK Task 1 - Prosect Administration/Management A. The RECIPIENT will administer the PROJECT. Responsibilities will include, but not be limited to: maintenance of PROJECT records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the PROJECT; and submittal of required performance items. B. The RECIPIENT will 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 will carry out this PROJECT in accordance with any completion dates outlined in this LOAN agreement. Required Performance: 1. Effective administration and management of this PROJECT. 2. Timely submittal of all required performance items, progress reports, and financial vouchers. Task 2 - Biogas Analysis A. The RECIPIENT will develop gas production capabilities for the baseline condition as well as various alternative inputs into existing anaerobic digesters. Potential gas quantities that would come from a waste grease receiving station and industrial waste processes will also be developed. B. The RECIPIENT will develop a heat balance onexisting and future anaerobic digestion system to develop the baseline need. The RECIPIENT will also include any other existing uses of heat from the digestion system such as building heat throughout the plant or hot water flushing elsewhere. Page 8 C. The RECIPIENT will provide calculation on the excess gas, recommend uses of any excess gas, and identify gas needs for fueling a dryer for Class "A" bio -solids. D. The RECIPIENT will write a technical report on biogas analysis with recommendations how the information will be used on the wastewater treatment facility energy management planning. Required Performance: 1. The RECIPIENT will submit a technical report on the biogas analysis with recommendations. This report will provide assessment on the output and process demands for methane that will be further used for the Class "A" bio -solids dryer. Task 3 — Design and Construct Grease Receiving Station A. The RECIPIENT will hire engineering services to plan, design, and provide construction oversight for a grease receiving facility for increasing methane gas production. The increased methane gas produced will be used in conjunction with the biogas analysis for energy planning B. The RECIPIENT will "'develop preliminary conceptual design for a waste grease receiving facility. The RECIPIENT will finalize the conceptual design and develop cost estimates for equipment installation and O&M based on the agreed upon design criteria. C. After the conceptual design has been reviewed, the RECIPIENT will develop a detailed design. that will include structural and mechanical designs for the grease receiving facility. The RECIPIENT will incorporate mechanical designs with the electrical power and control systems integrated into the facilities data control systems. The RECIPIENT will develop design documents suitable for solicitation of bids. D. The RECIPIENT will submit the design to the DEPARTMENT for approval. E. The RECIPIENT will hire a contractor to construct waste grease receiving station and associated engineering services per the approved design and specification. Required Performance: 1. The RECIPIENT will submit final design for waste grease receiving facility to the DEPARTMENT for approval. 2. The RECIPIENT will construct and install waste grease receiving station per the approved design and specification. Task 4: Design and install new boilers A. The RECIPIENT will hire engineering services to plan, design, and install new boilers. Water heat from the boilers will be used to heat the digesters and WWTP buildings through existing plumbing infrastructure. B. The RECIPIENT will develop preliminary conceptual design for boilers and will finalize the conceptual design and develop cost estimates for equipment installation and O&M based on the agreed upon design criteria. Page 9 C. After the conceptual design has been reviewed, the RECIPIENT will develop a detailed design that will include structural and mechanical designs for the boilers. The RECIPIENT will incorporate mechanical designs with the electrical power and control systems integrated into the facilities data control systems. The RECIPIENT will develop design documents suitable for solicitation of bids. D. The RECIPIENT will submit the design to the DEPARTMENT for the approval. E. The RECIPIENT will hire a contractor to construct and install boilers and associated engineering services per the approved design and specification. Required Performance: 1. The RECIPIENT will submit final design for the boilers to the DEPARTMENT for approval. 2. The RECIPIENT will construct and install new boilers per the approved design and specification Task 5: Design and install Up -flow Anaerobic Sludge Blanket (UASB) system This task is solely to support industrial flows into RECIPIENT' s -wastewater treatment facility. Even though this task is essential to the overall energy efficiency project, work under this task is not eligible for reimbursement. A. The RECIPIENT will hire engineering services to plan, design, and install new Upflow Anaerobic Sludge Blanket (UASB) system for high strength food process wastewater to produce additional methane gas used for heating plant processes and augmenting onsite energy requirements. B. The RECIPIENT will develop preliminary conceptual design for the UASB systems and will finalize the conceptual design and develop cost estimates for equipment installation and O&M based on the agreed upon design criteria. C. After the conceptual design has been reviewed, the RECIPIENT will develop a detailed design that will include structural and mechanical designs for the UASB systems. The RECIPIENT will incorporate mechanical designs with the electrical power and control systems integrated into the facilities data control systems. The RECIPIENT will develop design documents suitable for solicitation of bids. D. The RECIPIENT will submit the design to the DEPARTMENT for the approval. E. The RECIPIENT will hire a contractor to construct and install the UASB system and associated engineering services per the approved design and specification. Required Performance: 1.' The RECIPIENT will submit final design for the UASB system to the DEPARTMENT for approval. Page 10 2. The RECIPIENT will construct and install new UASB system per the approved design and specification Task 6: Design and install a bio -solids dryer A. The RECIPIENT will hire engineering services to plan, design, and install a new bio -solids dryer of capacity to reduce reduce minimum 8,500 tons of class B bio -solids to approximately 1,800 tons of Class A bio -solids. B. The RECIPIENT will develop preliminary conceptual design for the new bio -solids dryer and will finalize the conceptual design and develop cost estimates for equipment installation and O&M based on the agreed upon design criteria. C. After the conceptual design has been reviewed, the RECIPIENT will develop a detailed design that will include structural and mechanical designs for the bio -solids dryer. The RECIPIENT will incorporate mechanical designs with the electrical power and control systems integrated into the facilities data control systems. The RECIPIENT will develop design documents suitable for solicitation of bids. 11 D. The RECIPIENT will submit the design to the DEPARTMENT for the approval. E. The RECIPIENT will hire a contractor to construct and install bio -solids dryer and associated engineering services per, the approved design and specification. Required Performance: 1. The RECIPIENT will submit final design for the bio -solids dryer to the DEPARTMENT for approval. 2. The RECIPIENT will construct and install new bio -solids dryer per the approved design and specification. PART V(a). SPECIAL TERMS AND CONDITIONS None PART VI. LOAN INTEREST RATE AND TERMS Source and Availability; LOAN Amounts; LOAN Terms This LOAN agreement will remain in effect until the date of final repayment of the LOAN, unless terminated earlier according to the provisions herein. Subject to all of the terms, provisions, and conditions of this LOAN agreement, and subject to the availability of funds, the DEPARTMENT will loan to the RECIPIENT the sum of three million seven hundred fifty one thousand four hundred fourteen dollars ($3,751,414). Of this amount six hundred ninety seven thousand one hundred fifty dollars ($697,150) is Forgivable Principal and will not be required to be repaid. The remaining three million fifty four thousand two hundred sixty four dollars ($3,054,264) is in the form of loan. Page 11 When the PROJECT Completion Date has occurred, the DEPARTMENT and the RECIPIENT will execute an amendment to this LOAN agreement which details the final LOAN amount (Final LOAN Amount), and the DEPARTMENT will prepare a final LOAN repayment schedule, in the form of ATTACHMENT 8. The Final LOAN Amount will be the combined total of actual disbursements made on the LOAN and all accrued interest to the computation date. The Estimated LOAN amount and the Final LOAN amount (in either case, as applicable, a "LOAN Amount") will bear interest at the rate of 2.6% percent per annum, calculated on the basis of a 365 day year. Interest on the Estimated LOAN Amount will accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final LOAN Amount will be repaid in equal installments semiannually over a term of 20 years, as provided in ATTACHMENT 8. PART VII. ALL AGREEMENTS CONTAINED HEREIN The RECIPIENT will ensure this PROJECT is completed according to the details of this LOAN agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project -related work, if approved by the DEPARTMENT. Webpage addresses may be provided throughout this LOAN agreement for your convenience, however, if any of these addresses do not work, it is the responsibility of the RECIPIENT to contact the DEPARTMENT for the updated webpage address or the necessary information. The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • • • • This LOAN agreement ATTACHMENT 1: ATTACHMENT 2: ATTACHMENT 3: Opinion of RECIPIENT's Legal Counsel Authorizing Ordinance or Resolution Preaward Compliance Review Report for All Applicants Requesting Federal Assistance • General Project Management Requirements • Agreement Definitions • LOAN General Terms and. Conditions (Pertaining to Grant and Loan Agreements) of the Department of Ecology • ATTACHMENT 7: The Federal Funding Accountability and Transparency Act (FFATA) & The Clean Water State Revolving Fund Initial Data Reporting Sheet • ATTACHMENT 8: Estimated LOAN Repayment Schedule • The effective edition, at the signing of this LOAN agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans" • The associated funding guidelines that correspond to the Fiscal Year in which the project is funded • The applicable statutes and regulations • As a subrecipient of federal funds (Catalogue of Federal Domestic Assistance Number 66.458) , the RECIPIENT must comply with the following federal regulations: OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations OMB Circular A-133, Compliance Supplement ATTACHMENT 4: ATTACHMENT 5: ATTACHMENT 6: Page 12 OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A-102, Uniform Administrative Requirements No changes, additions, or deletions to this LOAN agreement will be authorized without a formal written amendment, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the loan budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. By signing this LOAN agreement, the RECIPIENT acknowledges that opportunity to thoroughly review the terms of this LOAN agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, or guidelines mentioned in this LOAN agreement was given. IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have signed this LOAN agreement as of the dates set forth below, to be effective as provided above. STATE OF WASHINGTON CITY OF YAKIMA DEPARTMENT OF ECOLOGY "A MI H� ORALES ` ATE SEWIND, P.E., P.G. DATE TER QUALITY PROGRAM MANAGER INTERIM CITY MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (October 29, 2009) Boilerplate Update November 21, 2011 ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of City of Yakima [the RECIPIENT], and I have examined any and all documents and records pertinent to the LOAN agreement. Based on the foregoing, it is my opinion that: A. The RECIPIENT 'is a duly organized and legally existing municipal corporation or political subdivision under the laws of the state of Washington or a federally recognized Indian tribe; B. The RECIPIENT has the power and authority to execute and deliver and to perform its obligations under the LOAN agreement; C. The LOAN agreement has been duly authorized and executed by RECIPIENT's authorized representatives and, to my best knowledge and after reasonable investigation, all other necessary actions have been taken to make the LOAN agreement valid, binding, and enforceable against the RECIPIENT in accordance with its terms, except as such enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting creditors' rights and principles of equity if equitable remedies are sought; D. To my best knowledge and after reasonable investigation, the LOAN agreement does not violate any other agreement, statute, court order, or law to which the RECIPIENT is a party or by which it or its properties are bound; E. There is currently no litigation seeking to enjoin the commencement or completion of the PROJECT or to enjoin the RECIPIENT from entering into the LOAN agreement or from accepting or repaying the LOAN. The RECIPIENT is not a party to litigation which will materially affect its ability to repay such LOAN on the terms contained in the LOAN agreement; and F. Revenue secured.I Capitalized terms used herein will have the meanings ascribed thereto in the LOAN agreement between the RECIPIENT and the DEPARTMENT. RECI'' / 's Legal Counsel Date Page 2 of ATTACHMENT 1 FORM Approved By OMB No. 2030-0020 Expires 04-30-2012 ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING FEDERAL ASSISTANCE Form available!'' electronically at: http://www.epa.ciov/ogd/forms/forms.htm (Surer crosscutter: required for all loans, except Centennial). Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance instructions on page two of this attachment. . Note. Read I. Applicant/Recipient (Name, Address, State, Zip',;Code). DUNS No. II. Is the applicant currently receiving EPA assistance? III. List all civil rights lawsuits and administrativelcomplaints pending against the applicant/recipient that allege discrimination national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7 See side.) based on race, color, instructions on reverse IV. List all civil rights lawsuits and administrativelcomplaints decided against the applicant/recipient within the last year that based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) allege discrimination action taken. (Do not V List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose and any decisions, orders, or AGREEMENTs based on the review. Please describe any corrective action taken. (40 C.F.R. a copy of the review § 7.80(c)(3)) VI. Is the applicant requesting EPA assistance for new construction? If no, proceed to VII; if yes, answer (a) and/or (b) for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible persons with disabilities? If yes, proceed to VII; if no, proceed to VI(b).b. If the grant is for new construction and the new facilities existing facilities will not be readily accessible to and usable by persons with disabilities, explain how a regulatory exception below. _ a. If the grant is to and usable by or alterations to (40 C.F.R. § 7 70) applies. VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, or disability in its programs or activities? (40 C.F.R. § 5 140 and § 7.95) _ a. Do the methods of notice accommodate those hearing? b. Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, periodicals and other written communications? c. Does the notice identify a designated civil rights coordinator? national origin, sex, age, with impaired vision or in appropriate VIII.* Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the C.F.R. § 7 85(a)) population it serves? (40 IX.* Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English Part 7, E.O. 13166) proficiency? (40 C.F.R. X.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee compliance with 40 C.F.R. Parts 5 and 7? Provide', the name, title, position, mailing address, e-mail address, fax number, and designated coordinator to coordinate its telephone number of the XI* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet the procedures. that assure the address for, or a copy of, For the Applicant/Recipient _ I certify that the statements I have made on this form and all attachments thereto are true, accurate acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable will fully comply with all applicable civil rights statutes and EPA regulations. _ and complete. I law I assure that I /n ,74.,,,p..-- B. Title of Authorized 0 cial , , /, , 2._ C. ate A. Signature of Official For the U.S. Environmental Protection Agency _ I have reviewed the information provided by the applicant/recipient and applicant/recipient has submitted all preaward compliance information required by 40 C.F.R. Parts 5 and 7; that based on the application satisfies the preaward provisions of 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will applicable civil rights statutes and EPA regulations. hereby certify that the information submitted, this fully comply with all A. Signature of Authorized EPA Official _ See ** note on reverse side. B. Title of Authorized EPA Official C. Date _ _ Page 2 of ATTACHMENT 3 General Recipients of Federal financial assistance from the U.S. Environmental Protection Agency must comply with the following statutes and regulations. Title VI of the Civil Rights Acts of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Act goes on to explain that the statute shall not be construed to authorize action with respect to any employment practice of any employer, employment agency, or labor organization (except where the primary objective of the Federal financial assistance is to provide employment). Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act provides that no person in the United States shall on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Federal Water Pollution Control Act, as amended. Employment discrimination on the basis of sex is prohibited in all such programs or activities. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States shall solely by reason of disability be excluded from participationin, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Employment discrimination on the basis of disability is prohibited in all such programs or activities. The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program or activity receiving Federal financial assistance. Employment discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act administered by the Equal Employment Opportunity Commission. Title IX of the Education Amendments of 1972 provides that no person in the United States on the.basis of sex shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Note: an education program or activity is not limited to only those conducted by a formal institution. 40 C.F.R. Part 5 implements Title IX of the Education Amendnients of 1972. 40 C.F.R. Part 7 implements Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of The Rehabilitation Act of 1973 The Executive Order 13166 (E.O. 13166) entitled; "Improving Access to Services for Persons with Limited English Proficiency" requires Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries. _ FORM Approved By OMB: No. 2030-0020 Expires 04:.30=2012 ' Items "Applicant" means any entity that files an application or unsolicited proposal or otherwise requests EPA assistance. 40 C.F.R. §§ 5.105,7.25. "Recipient" means any entity, other than applicant, which will actually receive EPA assistance. 40 C.F.R. §§ 5.105, 7.25 "Civil rights lawsuits and administrative complaints" means any lawsuit or administrative complaint alleging discrimination on the basis of race, color, national origin, sex, age, or disability pending or decided against the applicant and/or entity which actually benefits from the grant, but excluding employment complaints not covered by 40 C.F.R. Parts 5 and 7. For example, if a city is the named applicant but the grant will actually benefit the Department of Sewage, civil rights lawsuits involving both the city and the Department of Sewage should be listed. "Civil rights compliance review" means any review assessing the applicant's and/or recipient's compliance with laws prohibiting discrimination on the basis of race, color, national origin, sex, age, or disability Submit this form with the original and required copies of applications, requests for extensions, requests for increase of funds, etc. Updates of information are all that are required after the initial application submission. If any item is not relevant to the project for which assistance is requested, write "NA" for "Not Applicable." In the event applicant is uncertain about how to answer any questions, EPA program officials should be contacted for clarification. '7 -Questions VII — XI are for informational use only and will not affect an applicant's grant status. However, applicants should answer all questions on this form. (40 C.F.R. Parts 5 and 7). ** Note: Signature appears in the Approval Section of the EPA Comprehensive Administrative Review For Grants/Cooperative AGREEMENTs & Continuation/Supplemental Awards form. Approval indicates, in the reviewer's opinion, questions I — VI of Form 4700-4 comply with the preaward administrative requirements for EPA assistance. "Burden Disclosure Statement" EPA estimates public reporting burden for the preparation of this form to average 30 minutes per response. This estimate includes the time for reviewing instructions, gathering and maintaining the data needed and completing and reviewing the form. Send comments regarding the burden estimate, including suggestions for reducing this burden, to. U.S. EPA, Attn: Collection Strategies Division (MC 2822T), Office of Information Collection, 1200 Pennsylvania Ave., NW, Washington, D.C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D C. 20503. The information on this form is required to enable the U S. -, Environmental Protection Agency to determine whether applicants and prospective recipients are developing projects, programs and activities on a nondiscriminatory basis as required by the above statutes and regulations. Page 3 of ATTACHMENT 3 ATTACHMENT 4: i GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND AND CENTENNIAL CLEAN WATER PROGRAM PROJECTS (UNLESS MODIFIED BY A SPECIAL TERM AND CONDITION IN PART V.) ACCOUNTING STANDARDS 11 The RECIPIENT will maintain accurate records and accounts for the PROJECT ("PROJECT Records") in accordance with Chapter 43.09.200 RCW "Local Government Accounting - Uniform System of Accounting." These PROJECT Records will [be separate and distinct from the RECIPIENT's other records and accounts (General Accounts). Eligible costs will be audited every other year, or annually if more than $500,000 of federal funds are received in any given year. Audits will be performed by an independent, certified accountant or state auditor, which may be part of the annual audit of the General Accounts of the RECIPIENT. If the annual' audit includes an auditing of this PROJECT, a copy of such audit, including all written comments, recommendations, and findings, will be furnished to the DEPARTMENT within 30 days after receipt of the final audit report. ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE Technical assistance for agriculture activities provided under the terms of this LOAN will be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State. However, technical assistance, proposed practices, or PROJECT designs that do not meet these standards may be accepted if approved in writing by the NRCS and the DEPARTMENT. ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES Best Management Practices (BMPs) intended primarily for production, operation, or maintenance are not eligible. BMPs must be pre approved by the DEPARTMENT. AUTHORITY Authority of RECIPIENT '' This LOAN agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the ordinance or resolution attached as ATTACHMENT 2. Opinion of RECIPIENT's Legal Counsel The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and substance of ATTACHMENT 1. CERTIFICATIONS The RECIPIENT certifies by signing this LOAN agreement that all negotiated interlocal agreements necessary for the PROJECT are, or will be, consistent with the terms of this LOAN agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT will submit a copy of each interlocal agreement necessary for the PROJECT to the DEPARTMENT. The RECIPIENT certifies by signing this LOAN agreement that all applicable requirements have been Page 1 of ATTACHMENT 4 satisfied in the procurement of professional services and that eligible and ineligible costs are separated and identifiable. The RECIPIENT will submit a copy of the final negotiated agreement to the DEPARTMENT for eligibility determination. The RECIPIENT certifies by signing this LOAN agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or will be, met in procuring qualified architectural/engineering services. The RECIPIENT will identify and separate eligible and ineligible costs in, the final negotiated agreement and submit a copy of the agreement to the DEPARTMENT. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT, 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 is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT will provide immediate written notice to the DEPARTMENT if at any time the RECIPIENT 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. The RECIPIENT may contact the DEPARTMENT for assistance in obtaining a copy of those regulations. 4. The RECIPIENT agrees it will 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 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 transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT is responsible for ensuring that any lower tier covered transaction complies with certification of suspension.and debarment requirements. 7. , The RECIPIENT acknowledges 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. The RECIPIENT agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the DEPARTMENT before requests for reimbursements will be approved for payment. The RECIPIENT must run a search in www.epls.gov and print a copy of completed searches to document proof of compliance. Page 2 of ATTACHMENT 4 CLEAN WATER STATE REyOLVING FUND INITIAL DATA REPORTING SHEET (DATA SHEET) PF The RECIPIENT will submit the completed Data Sheet to the DEPARTMENT. The completed Data Sheet will be included in this LOAN agreement as ATTACHMENT 7 Part 2 (see ATTACHMENT 7 for further instructions). COMMENCEMENT OF WORK The DEPARTMENT reserves the right to terminate this LOAN agreement if work does not commence on the project within 4 monthsiiafter the DEPARTMENT's deadline for signing this LOAN agreement. COVENANTS AND AGREEMENTS Acceptance The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and commitments of this LOAN agreement, including all incorporated and referenced documents, and to fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its application, accompanying documents, and communications filed in support of its request for a LOAN. Accounts and Records The RECIPIENT will keep proper and separate accounts and records in which complete and separate entries. will be made,of all transactions relating to this LOAN agreement. The RECIPIENT will keep such records for six years after,,receipt of final LOAN disbursement. Alteration and Eligibility of PROJECT During the term of this LOAN agreement, the RECIPIENT (i) will not materially alter the design or structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii) will take no action which would adversely affect the eligibility of the PROJECT as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.' Collection of ULID Assessments (if used to secure the repayment of this LOAN) All ULID Assessments in the ULID will be paid into the LOAN Fund and used to pay the principal of and interest on the LOAN. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable. Free Service The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free service will affect the RECIPIENT's ability to meet the obligations of this LOAN agreement. Insurance The RECIPIENT will at all times carry fire and extended coverage, public liability and property damage, and such other forms insurance with responsible insurers and with policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately - owned utilities engaged in the'4operation of like systems, or it will self -insure or will participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. Page 3 of ATTACHMENT 4 11 Levy and Collection of Taxes (if used to secure the repayment of this LOAN) For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the LOAN, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Maintenance and Operation of a Funded Utility The RECIPIENT will at all times maintain and keep a funded Utility in good repair, working order and condition and also will at all times operate the Utility and the business in an efficient manner and at a reasonable cost. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this LOAN) For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the LOAN. Reserve Requirement For loans that are Revenue -Secured Debt with terms greater than five years, the RECIPIENT must accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the LOAN during the first five years of the repayment period of the LOAN. This amount will be deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments commencing within one year after the Initiation of Operation or the PROJECT Completion Date, whichever comes first. "Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, an account of that name created in the LOAN Fund to secure the payment of the principal and interest on the LOAN. The amount on deposit in the Reserve Account may be applied by the RECIPIENT (i) to make, in part or in full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not so applied, for any other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other amounts owing to the DEPARTMENT, have been paid,in full. Sale or Disposition of Utility The RECIPIENT will not sell, transfer, or otherwise dispose'of any of the works, plant, properties, facilities or other part of the Utility, or any real or personal property comprising a part of the Utility unless one of the following applies: 1. The facilities or property transferred are not material to the operation of the Utility; or have become unserviceable, inadequate,' obsolete, or unfit to be used in the operation of the Utility; or are no longer necessary, material, or useful to the operation of the Utility. 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the Utility. 3. The RECIPIENT receives from the transferee an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less,the amount of cash and investments in the bond and LOAN Funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. Page 4 of ATTACHMENT 4 The proceeds of any transfer under this paragraph will be used (i) to redeem promptly, or irrevocably set aside for the redemption of Senior Lien Obligations and to redeem promptly the LOAN, or (ii) to provide for part of the cost of additions to and betterments and extensions'of the Utility. DISADVANTAGED BUSINESS ENTERPRISE (DBE) General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection,Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this LOAN agreement. Non-discrimination Provision.' The RECIPIENT will not discriminate on the basis of race, color, national origin or sex in the performance of this LOAN agreement. The RECIPIENT will carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this LOAN agreement which may result in the termination of this contract or other legally available remedies. P' The RECIPIENT will comply with all federal and state nondiscrimination laws, including, but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this LOAN agreement may be rescinded, canceled, or terminated in whole or in part,', and the RECIPIENT may be declared ineligible for further funding from the DEPARTMENT. The RECIPIENT will, however, be given a reasonable time in which to cure this noncompliance. Fair Share Objective/Goals, 40 CFR, Part 33, Subpart D. If the dollar amount of this LOAN agreement or the total dollar amount of all of the RECIPIENT's financial assistance agreements in the current federal fiscal year from the Revolving Fund is over $250,000, the RECIPIENT accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Office of Minority Women Business Enterprises as follows: Construction 10.00% MBE • 6.00% WBE Supplies 8:00% MBE 4.00% WBE Services 10.00% MBE 4.00% WBE Equipment 8.00% MBE 8.00% WBE By signing this LOAN agreement the RECIPIENT is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Office of Minority Women Business Enterprises. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under this LOAN agreement. Records documenting compliance with the following six good faith efforts will be retained: Page 5 of ATTACHMENT 4 1) Ensuring Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through.outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women's Enterprises at 360-704-1181. 2) Making information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Considering in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Using services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the• prime contractor awards subcontracts, requiring the subcontractors to take the five good faith efforts in paragraphs 1 through 5 above. MBE/WBE Reporting, 40 CFR, Part 33, Sections 33.302, 33.502 and 33.503. The RECIPIENT agrees to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its DBE subcontractors, and EPA Form 6100-4 DBE Subcontractor Utilization Form to all its prime contractors. These forms may be obtained from the EPA Office of Small Business Program's website on the interne at www.epa.gov/osbp. EPA Form 6100-2 — The RECIPIENT must document that this form was received by DBE subcontractor. DBE subcontractors may submit the completed• form to the EPA Region 10 DBE coordinator in order to document issues or concerns with their usage or payment for a subcontract. EPA Form 6100-3 — This form must be completed by DBE subcontractor(s), submitted with bid, and kept with the contract. EPA Form 6100-4 — This form must be completed by the prime contractor, submitted with bid, and kept with the contract. The RECIPIENT also agrees to submit the DEPARTMENT's MBE/WBE participation report - Form D with each payment request: Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. The RECIPIENT also agrees to ensure that recipients of identified loans also comply with provisions of 40CFR, Section 33.302. Page 6 of ATTACHMENT 4 The RECIPIENT will include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this LOAN agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list will include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact; 2. Entity's mailing address, telephone number, and e-mail address; 3. The procurement on which the entity bid or quoted, and when; and 4. Entity's status as an MBE/WBE or non-MBE/WBE. FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE) Planning documents developed by the RECIPIENT must meet the requirements of Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of Wastewater Facilities" and incorporate SERP review. Plans and Specifications. Plans and specifications developed by the RECIPIENT must be reviewed and approved by Water Quality Program staff of the DEPARTMENT and be consistent with: 1. Requirements stated in Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of Wastewater Facilities," as related to plans and specifications. 2. Good engineering practices and generally recognized engineering standards, including, but not limited to, the State of Washington's Criteria for Sewage Works Design (2008 or more recent edition), the Stormwater Management Manual for Western Washington (2005), the Stormwater Management Manual for Eastern Washington (2001), and the Washington State Department of Transportation Hydraulics Manual (2010). 3. The approved facilities plan. 4. Other reports approved by the DEPARTMENT which pertain to the facilities design. Specification Insert. The RECIPIENT will include the Washington State Department of Ecology Water Pollution Control Revolving Fund Specifications Insert as a special condition in the construction contract specifications. Contact the DEPARTMENT for the required specification inserts. RECIPIENT Approval. The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT review. Bid and Award Submittals (as applicable). The RECIPIENT will submit to the DEPARTMENT the following documents relating to bidding and award of any contract funded by this agreement: 1. A copy of the advertisement for bids. 2. A tabulation of all bids received, and a copy of the bid proposal from the successful bidder, 3. A copy of the Notice of Award, a copy of the executed contract, and a copy of the Notice to Proceed. Page 7 of ATTACHMENT 4 Projected Construction Schedule. An engineer's projected construction schedule will be prepared and submitted to the DEPARTMENT at 90 percent completion of plans and specifications. Construction Cost Estimate. A current, updated, detailed construction cost estimate will be submitted along with each plan/specification submittal. The project manager may request a spreadsheet in electronic file format. Form of Plans. All construction plans submitted to the DEPARTMENT for review and approval will be reduced to no larger than 11-1/2" x 17" legible size. They may, at the RECIPIENT's option, be bound with the specifications or related construction contract documents or bound as a separate document. All reduced drawings must be completely legible. The project manager may request plans be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic file. All PDF documents submitted will be at a resolution of 300 dpi or better. DEPARTMENT Approval. The RECIPIENT will not proceed with any construction -related activities until all necessary plans and specifications are approved in writing by the DEPARTMENT. Bids and Awards. DEPARTMENT approval of the plans, specifications, and construction documents authorizes the RECIPIENT to solicit bids and award the construction contract (or reject bids) without further DEPARTMENT authorization or approval. However, any additional costs resulting from successful bid protests or other claims due to improper bid solicitation and award procedures will not be considered eligible for LOAN participation. Plan of Interim Operation. The plan of interim operation must be updated, as appropriate, throughout the PROJECT. Construction Quality Assurance Plan. A detailed construction quality assurance plan will be submitted at least 30 days prior to the commencement of construction. This plan must describe how adequate and competent construction inspection will be provided for the PROJECT. Construction Schedule. A construction schedule will be submitted to the DEPARTMENT within 30 days of the start of construction. The construction schedule will be revised and updated whenever major changes occur and resubmitted to the DEPARTMENT. When changes in the construction schedule affect previous cash flow estimates, revised cash flow projections must also be submitted to the DEPARTMENT. The project manager may request this schedule in an electronic file format. Change Orders. Change orders that are a significant deviation from the approved plans/specifications must be submitted in writing for DEPARTMENT review and approval, prior to execution. All other change orders must be submitted within 30 days after execution. The DEPARTMENT may approve, through formal amendment to this LOAN agreement, funding for change orders for up to five percent of the eligible portion of the low responsive responsible construction bid(s). Adjusted Construction Budget. The construction budget, as reflected in the LOAN, will be adjusted once actual construction bids are received. If the low responsive responsible construction bid(s) exceed the engineer's estimate of construction costs, the DEPARTMENT may approve funding increases for up to ten percent of the engineer's original estimate. If the low responsive responsible construction bid(s) are lower than estimated the DEPARTMENT may reduce funding to reflect the low bid amount. The DEPARTMENT may also reassess the LOAN amount based on additional funding from other sources received by the RECIPIENT after negotiation of this LOAN agreement. All changes to the LOAN amount will be done by formal amendment to this LOAN agreement. Record Drawings. Upon completion of construction, the RECIPIENT will provide the DEPARTMENT's Project Manager with a set of record drawings (i.e., record construction drawings which reflect changes, modifications, or other significant revisions made to the project during construction) in AutoCAD electronic format, and in reduced (11"x17") paper copy format. Page 8 of ATTACHMENT 4 Declaration of Construction Completion. Along with the set of record drawings, the RECIPIENT will provide certification in the form contained in WAC 173-240-095, signed by a professional engineer, indicating that the PROJECT was completed in accordance with the plans and specifications and major change orders approved by the DEPARTMENT. Final Project Report. The RECIPIENT will complete and submit a Final Project Report upon completion of the PROJECT. A template is available on the DEPARTMENT's website at: http://www.ecy.wa. gov/programs/wq/funding/GrantLoanMgmtDocs/GrantLoanMgmtTools.html. Operations and Maintenance Manual. An Operations and Maintenance Manual ("O&M Manual") will be prepared in conformance with WAC 173-240-080, "Operation and Maintenance Manual" or other applicable guidance and submitted to the DEPARTMENT for approval. The O&M Manual will be updated as necessary following start-up to reflect actual operating experience. The DEPARTMENT's project manager may request the O&M Manual be submitted in either paper format, PDF format, Microsoft Word, or other electronic file format acceptable to the DEPARTMENT's project manager. All PDF documents submitted will be at a resolution of 300 dpi or better. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: In order to comply with the FFATA, the RECIPIENT must complete the FFATA Data Collection Form and return it to the DEPARTMENT. The DEPARTMENT will report basic agreement information, including the required DUNS number, for all federally -funded agreements at www.fsrs.gov . This information will be made available to the public at www.usaspending.gov. RECIPIENTS who do not have a DUNS number can find guidance at www.grants.gov . Please note that the DEPARTMENT will not sign this LOAN agreement until it has received the completed FFATA Data Collection Form. The RECIPIENT will submit this form electronically as well as provide a hard copy to the DEPARTMENT (see ATTACHMENT 7 for detailed instructions). Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using the DEPARTMENT's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form. • Receives more than $25,000 in federal funds under this award; and • Receives more than 80 percent of its annual gross revenues from federal funds; and • Receives more than $25,000,000 in annual federal funds See www.fsrs.gov for details of this requirement. If your organization falls into this category, you must report the required information to Ecology. FORCE ACCOUNT Prior to using its own forces to accomplish eligible PROJECT work, the RECIPIENT must request DEPARTMENT approval. The request must include a dollar amount and general description of the force account work. The request must also include a certification that the RECIPIENT has the legal authority to perform the work and adequate and technically qualified staff to perform the work without compromising other government functions. The RECIPIENT agrees to track and report the force account work submitted to the DEPARTMENT for reimbursement. GROWTH MANAGEMENT PLANNING The RECIPIENT certifies by signing this LOAN agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management—Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT will notify the DEPARTMENT in writing of this change within 30 days. Page 9 of ATTACHMENT 4 INCREASED OVERSIGHT (IF APPLICABLE) The RECIPIENT will submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT's Project Manager will establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. LOAN REPAYMENT Sources of LOAN Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the LOAN from the sources identified below and to perform and observe all of the other agreements and obligations on its part contained herein will be absolute and unconditional, and will not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This LOAN is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This LOAN is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured; Lien Position. This LOAN is a Revenue -Secured Debt of the RECIPIENT's Utility. This LOAN will constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this LOAN is also secured by Utility Local Improvement Districts (ULID) Assessments, this LOAN will constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from any funds legally available to it. 6. Defeasance of the LOAN. So long as the DEPARTMENT will hold this LOAN, the .RECIPIENT will not be entitled to, and will not effect, an economic Defeasance of the LOAN. The RECIPIENT will not advance refund the LOAN. If the RECIPIENT defeases or advance refunds the LOAN, it will be required to use the •proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) the LOAN Amount with interest (ii) any other obligations of the RECIPIENT to the DEPARTMENT under this LOAN agreement, unless in its sole discretion the DEPARTMENT finds that repayment from those additional sources would not be in the public interest. Failure to repay the LOAN Amount plus interest within the time specified in the DEPARTMENT's notice to make such repayment will incur Late Charges and will be treated as a LOAN Default. 7. Refinancing or Early Repayment of the PROJECT. So long as the DEPARTMENT will Page 10 of ATTACHMENT 4 hold this LOAN, the RECIPIENT will give the DEPARTMENT thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the LOAN. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this LOAN agreement, the first semiannual payment of principal and interest on this LOAN will be paid no later than one year after the PROJECT Completion Date or Initiation of Operation Date Equal payments will be due every six months thereafter. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment will be due on the next business day for Washington State agencies. Payments will be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with the DEPARTMENT's Financial Manager. No change to the amount of the semiannual principal andinterest payments will be made without a formal amendment to this LOAN agreement. The RECIPIENT will continue to make semiannual payments based on this LOAN agreement until the amendment is effective, at which time the RECIPIENT's payments will be made pursuant to the amended LOAN agreement. 2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the DEPARTMENT pursuant to this LOAN agreement remains unpaid after it becomes due and payable, the DEPARTMENT may assess a Late Charge. The Late Charge will be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the LOAN is subject to the following additional limitations, among others: those on Defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of LOAN. So long as the DEPARTMENT will hold this LOAN, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the LOAN or any portion of the remaining unpaid principal balance of the LOAN Amount. Any prepayments on the LOAN will be applied first to any accrued interest due and then to the outstanding principal balance of the LOAN Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT will first contact the DEPARTMENT's Revenue/Receivable Manager of the Fiscal Office. LOCAL LOAN FUND PROJECTS Local Loan Fund. The RECIPIENT will use the funds received from the DEPARTMENT under this Page 11 of ATTACHMENT 4 LOAN agreement to establish and administer a local loan fund. Local Loan Fund Servicing. The RECIPIENT will be responsible for local loan servicing and collecting and tracking local loan payments, but may contract for such services through a lending institution. The RECIPIENT will officially approve or deny the local loan request and will establish the local loan interest rate and the repayment period. Schedule. A schedule for PROJECT completion, including milestone dates for loan marketing activities, numbers of loan applications: and closures, disbursements, application deadlines, etc., will be submitted by the RECIPIENT with each quarterly progress report. MODIFICATIONS TO AGREEMENT No subsequent amendments to this LOAN agreement will be of any force or effect unless reduced to a writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and made part hereof, except: Insubstantial modifications may be approved in writing by the Department's Project Manager without a formal amendment. Insubstantial changes include: • LOAN agreement contact • Contact for billing/invoice questions • The DEPARTMENT'S Project Manager or Financial Manager • Frequency and number of required submittals • Budget allocations not affecting the total LOAN Amount • Similar changes requested by the RECIPIENT No amendment to this LOAN agreement will be effective until accepted or affirmed in writing by the DEPARTMENT. In no event will any oral agreement or oral commitment be effective to amend this LOAN agreement. PAYMENT REQUEST SUBMITTALS Equipment Purchase Equipment not included in a construction plans and specification approval must be pre -approved by the DEPARTMENT's project manager. Requests for Payment Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV. A copy of this document will be furnished to the RECIPIENT. 1. Procedure. Payment requests will be submitted by the RECIPIENT to the Financial Manager of the DEPARTMENT. 2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a "reimbursable basis" no more often than once per month unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. 3. Documentation: Each request for payment will be submitted by the RECIPIENT, along with documentation of the expenses per the DEPARTMENT's ADMINISTRATIVE REQUIREMENTS. 4. Required Forms: The RECIPIENT will submit all forms and supportive documentation to Page 12 of ATTACHMENT 4 the DEPARTMENT's Financial Manager. Invoice voucher submittals will include: • State of Washington Invoice Voucher Form A19 -1A • Form B2 (ECY 060-7) • Form C2 (ECY 060-9) • Form D (ECY 060-11) 5. Period of Payment. Payments will only be made for eligible costs of the PROJECT pursuant to the LOAN agreementand performed after the effective date and prior to the expiration date of the LOAN agreement, unless those dates are specifically modified in this LOAN agreement. 6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will not exceed the Estimated LOAN Amount. If any audit identifies LOAN funds which were used to support ineligible costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any provision to the contrary herein. 7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and benefits of the RECIPIENT will be allowed. 8. Certification. Each payment request will constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this LOAN agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the PROJECT or to repay the principal of or interest on the LOAN, have occurred since the date of this LOAN agreement. Any changes in the RECIPIENT's financial condition will be disclosed in writing to the DEPARTMENT by the RECIPIENT in its request for payment. POST PROJECT ASSESSMENT SURVEY The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of eventual environmental results or goals from the project. The RECIPIENT will e-mail the survey, as an attachment, to the DEPARTMENT's Project Manager and the DEPARTMENT's Water Quality Program Performance Measures Lead. The DEPARTMENT may conduct site interviews and inspections, and may otherwise evaluate the Project. PREVAILING WAGE Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this LOAN agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors will be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT will obtain the wage determination for the area in which the PROJECT is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations will be incorporated into solicitations and any subsequent contracts. The RECIPIENT will ensure that the required EPA contract language regarding Davis - Page 13 of ATTACHMENT 4 Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT will maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this LOAN agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the PROJECT involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to"maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. PROCUREMENT The RECIPIENT is responsible for procuring professional, personal, and other services using sound business judgment and good administrative procedures. This includes issuance of invitation of bids, requests for proposals, selection of contractors, award of subagreements, and other related procurement matters. The RECIPIENT will follow State procurement laws. PROGRESS REPORTS The RECIPIENT will submit progress reports to the DEPARTMENT at least quarterly or such other schedule as set forth herein. The RECIPIENT will submit a copy of each progress report to both the Financial Manager and the Project Manager of the DEPARTMENT. Quarterly reports will -cover the periods: January 1 through March 31 April 1 through June 30 July 1 through September 30 October 1 through December 31. Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests will not be processed without a current Progress Report. A progress repot must be submitted even if no progress has occurred. A Progress Report Form is available on the DEPARTMENT's website at http://www.ecv.wa. gov/programs/wq/funding/GrantLoanMgmtDocs/GrantLoanMgmtTools.html. At a minimum, all progress reports must contain the items outlined in the DEPARTMENT's Progress Report Form. The DEPARTMENT may request additional information as necessary. The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This disclosure will be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. REPRESENTATIONS AND WARRANTIES The RECIPIENT represents and warrantsto the DEPARTMENT as follows: A. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally, recognized Indian tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this LOAN agreement and to undertake the PROJECT identified herein. Page 14 of ATTACHMENT 4 B. Application; Material Information. All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with its LOAN application were, when made, and are, as of the date the RECIPIENT executes this LOAN agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the PROJECT, the LOAN, or this LOAN agreement known to the RECIPIENT which has not been disclosed in writing to the DEPARTMENT. C. Litigation; Authority. No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this LOAN agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the LOAN (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the LOAN (for general obligation -secured loans and general obligation payable from special - assessment -secured loans); or (iii) in any manner questioning the proceedings and authority under which the LOAN agreement, the LOAN, or the PROJECT are authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this LOAN agreement has been repealed, revoked, or rescinded. D. Not an Excess Indebtedness For LOANs secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this LOAN agreement and the LOAN to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. E. Due Regard For LOANs secured with'a Revenue Obligation: The RECIPIENT has exercised due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the LOAN Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, will be available over and above such Maintenance and Operation Expense and those debt service requirements. SEWER -USER ORDINANCES AND USER -CHARGE SYSTEM (IF APPLICABLE) Sewer -Use Ordinance or Resolution If not already in existence, the RECIPIENT will adopt and will enforce a sewer -use ordinance or resolution. The sewer use ordinance must include provisions to: 1) prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system; 2) prohibit inflow of stormwater; 3) require that new sewers and connections be properly designed and constructed; and 4) require all existing and future residents to connect to the sewer system. Such ordinance or resolution will be submitted to the DEPARTMENT upon request by the DEPARTMENT. Page 15 of ATTACHMENT 4 User -Charge System The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and will adopt a system of user -charges to 'assure that each user of the utility will pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the PROJECT. In addition, the RECIPIENT will regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement, to establish the required LOAN Reserve Account, and to repay the LOAN. SIGNAGE All site-specific projects must have a sign of sufficient size to be seen from nearby roadways acknowledging department financial assistance and left in place throughout the life of the project or facility. Department logos must be on all signs and documents. Logos will be provided as needed. SMALL BUSINESS IN RURAL AREAS FOR FEDERALLY FUNDED PROJECTS) If a contract is awarded by the RECIPIENT under this LOAN agreement, the RECIPIENT is also required to utilize the following affirmative steps: 1. Place Small Business in Rural Areas (SBRAs) on solicitation lists. 2. Make sure the SBRAs are solicited whenever there are potential sources. 3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs. 4. Establish delivery schedules, where requirements of work will permit, which could encourage participation by SBRAs. 5. Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate. 6. Require the contractor to comply with the affirmative steps outlined above. The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent. There is no formal reporting requirement for SBRAs at this time; however, it is highly recommended that the RECIPIENT keep records of SBRA participation. TERMINATION AND DEFAULT; REMEDIES A. Termination and Default Events 1. For Insufficient DEPARTMENT or RECIPIENT Funds. This LOAN agreement may be terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds. 2. For Failure to Commence Work. This LOAN agreement may be terminated by the DEPARTMENT for failure of the RECIPIENT to commence PROJECT work. 3. Past Due Payments. The RECIPIENT will be in default of its obligations under this LOAN agreement when any LOAN repayment becomes 60 days past due. 4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this LOAN agreement. The RECIPIENT will be in default of its obligations under this LOAN Page 16 of ATTACHMENT 4 agreement if, in the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this LOAN agreement. B. Procedures for Termination If this LOAN agreement is terminated prior to PROJECT completion, the DEPARTMENT will provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the DEPARTMENT will specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the "Termination Payment Date"). C. Termination and Default Remedies 1. No Further Payments. On and after the Termination Date, or in the event of a default event, the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further payments under this LOAN agreement. 2. Repayment Demand. In response to a DEPARTMENT initiated termination event, or in response to a LOAN default event, the DEPARTMENT may in its sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN Amount and all accrued interest. 3. Interest after Repayment Demand. From the time that the DEPARTMENT demands repayment of funds, amounts owed by the RECIPIENT to the DEPARTMENT will accrue additional interest at the rate of one percent per month, or fraction thereof. 4. Accelerate Repayments. In the event of a default, the DEPARTMENT may in its sole discretion declare the principal of and interest on the LOAN immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net Revenue. Repayments not made immediately upon such acceleration will incur Late Charges. 5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event,as applicable, will incur Late Charges. 6. Intercept State Funds. In the event of a default event and in accordance with RCW 90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN. 7. Property to DEPARTMENT. In the event of a default event and at the option of the DEPARTMENT, any property (equipment and land) acquired under this LOAN agreement may, in the DEPARTMENT's sole discretion, become the DEPARTMENT's property. In that circumstance, the RECIPIENT's liability to repay money will be reduced by an amount reflecting the fair value of such property. 8. Documents and Materials. If this LOAN agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT will, at the option of the DEPARTMENT, become DEPARTMENT property. The RECIPIENT will be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 9. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts Page 17 of ATTACHMENT 4 due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this LOAN agreement. 10. Fees and Expenses. In any action to enforce the provisions of this LOAN agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) will be awarded to the prevailing party as that term is defined in RCW 4.84.330, "Actions on contract or lease ...—Waiver prohibited." 11.. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination or default remedies provided in this LOAN agreement, the RECIPIENT will not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the state of Washington because of any breach of this LOAN agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP): Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow the DEPARTMENT's "Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies," (Ecology Publication No. 04- 03-030). The RECIPIENT may also reference the "Technical Guidance for Assessing the Quality of Aquatic Environments," revised February 1994 (Ecology Publication No. 91-78). (Remainder of this page has been intentionally left blank.) Page 18 of ATTACHMENT 4 ATTACHMENT 5: AGREEMENT DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this LOAN agreement: "Administrative Requirements" means the effective edition of DEPARTMENT's ADMINISTRATIVE REQUIREMENTS FOR ECOLOGY GRANTS AND LOANS at the signing of this LOAN. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the LOAN, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by the number of those years. , "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the PROJECT. , "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency or department. "Estimated LOAN Amounttmeans the initial amount of funds loaned to the RECIPIENT. "Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start Date through the PROJECT Completion Date. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the LOAN Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the LOAN Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. Page 1 of ATTACHMENT 5 "Guidelines" means the DEPARTMENT's Funding Guidelines that that correlate to the State Fiscal Year in which the PROJECT is funded. "Initiation of Operation" is the actual date the Water Pollution Control Facility financed with proceeds of the LOAN begins to operate for its intended purpose. "LOAN" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this LOAN agreement. "LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as applicable. "LOAN Fund" means the special fund of that name created by ordinance or resolution of the RECIPIENT for the repayment of the principal of and interest on the LOAN. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Principal and Interest Account" means, for a LOAN that constitutes Revenue -Secured Debt, the account of that name created in the LOAN Fund to be first used to repay the principal of and interest on the LOAN. "PROJECT" means the PROJECT described in this•LOAN agreement. "PROJECT Completion Date" is the date specified in the LOAN agreement as that on which the Scope of Work will be fully completed. "PROJECT Schedule" is that schedule for the PROJECT specified in the LOAN agreement. "Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, the account of that name created in the LOAN Fund to secure the payment of the principal of and interest on the LOAN. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Scope of Work" means the tasks and activities constituting the PROJECT. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this LOAN agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this LOAN agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the LOAN, subject only to Maintenance and Operation Expense. Page 2 of ATTACHMENT 5 "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by RCW 90.50A.020. "Termination Date" means the effective date of the DEPARTMENT's termination of the LOAN agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to the DEPARTMENT any outstanding balance of the LOAN and all accrued interest. "Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for DEPARTMENT grant or loan funding. "Total PROJECT Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for DEPARTMENT grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT. created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the LOAN Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may, be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the LOAN. (Revised September 2007) Page 3 of ATTACHMENT 5 ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTs OF 11 THE DEPARTMENT OF.ECOLOGY A. RECIPIENT PERFORMANCE All activities for which grant/LOAN Funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the LOAN agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this LOAN agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this LOAN agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS 7f No right or claim of the RECIPIENT arising under this LOAN agreement shall be transferred or assigned by the RECIPIENT. j, F. COMPLIANCE WITH ALL LAWS r- 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to tli'e DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the LOAN agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/LOAN Funds available to women or minority owned businesses. 3. Wages and Job Safety. The RECIPIENT 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. Page 2 of ATTACHMENT 6 6 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this LOAN agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this LOAN agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this LOAN agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this LOAN agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this LOAN agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required. progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through. June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. Page 3 of ATTACHMENT 6 J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the LOAN agreement and rio more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by lithe Project Officer. The payment request form and supportive documents must itemize alt allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans",part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this LOAN agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/LOAN agreement and performed after the effective date and prior to the expiration date of this LOAN agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this LOAN agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this LOAN agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees.. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this LOAN agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this, LOAN agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this LOAN agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, Page 4 of ATTACHMENT 6 maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this LOAN agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of LOAN agreement by the RECIPIENT: The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this LOAN agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this LOAN agreement as provided in paragraph K.1 above. When this LOAN agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this LOAN agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves_the right to terminate this LOAN agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this LOAN agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this LOAN agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. ` 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. Page 5 of ATTACHMENT 6 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly "or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is Jost, stolen or damaged while in the RECIPIENT'S possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this LOAN agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this LOAN agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this LOAN 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 contemplated by this LOAN agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to thisI_,OAN agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this LOAN agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS TS In order to sustain Washington;s natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practice where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/.' O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this LOAN agreement including the satisfactory completion‘of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this LOAN agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to.the DEPARTMENT all grant/LOAN Funds disbursed to the RECIPIENT for those parts of'the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued,by the DEPART 'LENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the Page 6 of ATTACHMENT 6 RECIPIENT prior to such' termination. Any property acquired under this AGREEMENT, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this LOAN agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and -be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this LOAN agreement, any dispute concerning a question of fact arising under this LOAN agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this LOAN agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this LOAN agreement who exercises any function or responsibility in the review, approval, or carrying out of this LOAN agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this LOAN agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the projectdescribed herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall 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 LOAN agreement. T. GOVERNING LAW This LOAN agreement shall be governed by the laws of the State of Washington. Page 7 of ATTACHMENT 6 U. SEVERABILITY If any provision of this LOAN j'agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this LOAN agreement which can be given effect without the invalid provision, and to this end the provisions of this LOAN agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this LOAN 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) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS -010 Rev. 04/04 Page 8 of ATTACHMENT 6 is ATTACHMENT 7: THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORT FORM (PART 1) THE CLEAN WATER STATE REVOLVING FUND INITIAL DATA REPORTING SHEET (DATA SHEET) (PART 2) Instructions The FFATA Report Form: The RECIPIENT is required to complete and submit the FFATA Data Collection Form to the DEPARTMENT (see ATTACHMENT 4, Page 9). The RECIPIENT will please: 1. Access the FFATA Data Collection Form at http: //www. ecy. wa.gov/programs/wq/funding/GrantLoanMgmtDocs/GrantLoanMgmtTools. html 2. Fill out the form completely, including compensation information, if all criteria are met. 3. Print a copy of the completed form. 4. Get the appropriate 'signature on the form and submit as Part 1 of ATTACHMENT 7 of this LOAN agreement. 5. Send the electronic copy to the DEPARTMENT'S Revolving Fund Reporting Coordinator with a cc to the DEPARTMENT's Project Manager and Financial Manager (see PART 1. GENERAL INFORMATION of this LOAN agreement for DEPARTMENT contact information). The Data Sheet: The RECIPIENT is required tocomplete and submit the Data Sheet to the DEPARTMENT (see ATTACHMENT 4, Page 3).1 The RECIPIENT will please: 1. Access the Revolving Fund Initial Data Reporting Sheet at http: //www. ecy. wa. gov/programs/wq/funding/GrantLoanMgmtDocs/GrantLoanMgmtTools. html 2. Fill out the form completely. 3. Print a copy of the completed form to include as Part 2 of ATTACHMENT 7 of this LOAN agreement. 4. Send an electronic copy to the DEPARTMENT'S Revolving Fund Reporting Coordinator with a cc to the DEPARTMENT's Project Manager and Financial Manager (see PART 1. GENERAL INFORMATION of this LOAN agreement for DEPARTMENT contact information). Page 2 of ATTACHMENT 7 Dept. of Ecology Loan Number ESTIMATED LOAN REPAYMENT SCHEDULE L1200019 ATTACHMENT 8 Recipient Name City of Yakima Amortization Method Compound -365 D/Y Project Completion Date 12/31/2014 Initiation of Operations 07/01/2014 Loan Amount $ 3,054,264.00 Term of Loan 39 Payments Annual Int. Rate 2.600 % Interest Compounded Monthly Loan Date 07/01/2014 Loan Number Recipient Name L1200019 City of Yakima Department of Ecology Date Created 12/16/2011 Payment # Due Date Payment Amount 1 07/01/2015 Interest • Principal Balance $101,780.15. $80,475.57 $21,304.58 $3,032,959.42 SubTotal 2015 2 01/01/2016 3 07/01/2016 $101,780.15 $80,475.57 $101,780.15 $39,642.66 $101,780.15 $38,830,49, $21,304.58 $62,137.49 $62,949.66 $2,970,821.93 $2,907,872.27 SubTotal 2016 4 01/01/2017 5 07/01/2017 $203,560.30 $78,473.15 $101,780.15 $38,007.69 $101,780.15 $37,174.15 $125,087.15 $63,772.46 $2,844,099.81 $64,606.00 $2,779,493.81 SubTotal 2017 6 01/01/2018 7 07/01/2018 $203,560.30 $75,181.84 • $101,780.15 $36,329.71 $101,780.15 $35,474.23 $128,378.46 $65,450.44 $66,305.92 $2,714,043.37 $2,647,737.45 SubTotal 2018 8 01/01/2019 9 07/01/2019 $203,560.30 $101,780.15 $101,780.15 $71,803.94. $34,607.57 $33,729.58 $131,756.36 $67,172.58 $2,580,564.87 $68,050.57 $2,512,514.30 SubTotal 2019 10 01/01/2020 11 07/01/2020 $203,560.30 $68,337.15 $101,780.15 $32,840.12 $101,780.15 $31,939.03 $135,223.15 $68,940.03 $69,841.12 $2,443,574.27 $2,373,733.15 SubTotal 2020 12 01/01/2021 13 07/01/2021 $203,560.30 $101,780.15 $101,780.15 $64,779.15 $31,026.17 $30,101.37 $138,781.15 $70,753.98 $71,678.78 $2,302,979.17 $2,231,300.39 SubTotal 2021 14 01/01/2022 15 07/01/2022 $203,560.30 $61,127.54 $101,780.15 $29,164.48 $101,780.15 $28,215.35 $142,432.76 $72,615.67 $73,564.80 $2,158,684.72 $2,085,119.92 ATTACHMENT 8 Page 1 of 3 Schedule Number 1716 Loan Number L1200019 Recipient Name City of Yakima • Department of Ecology Date Created - 12/16/2011 Payment # Due Date Payment Amount Interest Principal Balance SubTotal 16 17 SubTotal 18 19 2022 01/01/2023 07/01/2023 2023 01/01/2024 07/01/2024 $203,560.30 $101,780.15 $1.01,780.15 $203,560.30 $101,780.15 $101,780.15 $57,379.83 $27,253.81 $26,279.71 $53,533.52 $25,292.87 $24,293.13 $146,180.47 $74,526.34 $2,010,593.58 $75,500.44 $1,935,093.14 $150,026.78 $76,487.28 $1,858,605.86 $77,487.02 $1,781,118.84 SubTotal 20 21 2024 01/01/2025 07/01/2025 $203,560.30 $101,780.15 $101,780.15 $49,586.00 $23,280.33 $22,254.29 $153,974.30 $78,499.82 $79,525.86 $1,702,619.02 $1,623,093.16 SubTotal 22 23 SubTotal 24 25 2025 01/01/2026 07/01/2026 2026 01/01/2027 07/01/2027 $203,560.30 $101,780.15 $.1.01,780.15 $203,560.30 $101,780.15 $101,780.15 $45,534.62 $21,214.83 $20,161.80 $41,376.63 $19,094.99 $18,014.25 $158,025.68 $80,565.32 $81,618.35 $162,183.67 $82,685.16 $83,765.90 $1,542,527.84 $1,460,909.49 $1,378,224.33 $1,294,458.43 SubTotal 26 27 2027 01/01/2028 07/01/2028 $203,560.30 $101,780.15 $101,780.15 $37,109.24 $16,919.37 $15,810.19 $166,451.06 $84,860.78 $85,969.96 $1,209,597.65 $1,123,627.69 SubTotal 28 29 2028 01/01/2029 07/01/2029 $203,560.30 $101,780.15 $101,780.15 $32,729.56 $14,686.51 $13,548.14 $170,830.74 $87,093.64 $88,232.01 $1,036,534.05 $948,302.04 SubTotal 30 31 2029 01/01/2030 07/01/2030 $203,560.30 $101,780.15 $101,780.15 $28,234.65 $12,394.90 $11,226.58 $175,325.65 $89,385.25 $858,916.79 $90,553.57 $768,363.22 SubTotal 32 33 2030 01/01/2031 07/01/2031 $203,560.30 $101,780.15 $101,780.15 $23,621.48 $10,042.98 $8,843.92 $179,938.82 $91,737.17 $676,626.05 $92,936.23 $583,689.82 SubTotal 34 35 2031 01/01/2032 07/01/2032 $203,560.30 $101,780.15 $101,780.15 $18,886.90 $7,629.19 $6,398.58 $184,673.40 $94,150.96 $95,381.57 $489,538.86 $394,157.29 ATTACHMENT 8 Page'2 of 3 Schedule Number 1716 Loan Number L1200019 Department of Ecology Recipient Name City of Yakima Date Created 12/16/2011 Payment # Due Date Payment Amount Interest Principal Balance SubTotal 2032 $203,560.30 $14,027.77 $189,532.53 36 01/01/2033 $101,780.15 $5,151.88 $96,628.27 $297,529.02 37 07/01/2033 ' $101,780.15 $3,888.89 $97,891.26 $199,637.76 SubTotal 2033 $203,560.30 $9,040.77 $194,519.53 38 01/01/2034 $101,780.15 $2,609.39 $99,170.76 $100,467.00 39 07/01/2034 $101,780.17 $1,313.17 $100,467.00 $0.00 SubTotal 2034 $203,560.32 $3,922.56 $199,637.76 Grand Total $3,969,425.87 $915,161.87 $3,054,264.00 ATTACHMENT 8 Page 3 of 3 Schedule Number 1716 Clean Water State Revolving Fund (CWSRF) Federal Funding. Accountability and Transparency Act (FFATA) Reporting Form CWSRF funding requires compliance with the Federal Funding Accountability and Transparency Act by both Ecology and recipients of CWSRF funding. The purpose of the Transparency Act is to make information available online for the public to see how recipients are spending federal funds. One key requirement is for your organization to have a Data Universal Numbering System (DUNS) number and to supply it via the FFATA reporting process. If you do not already have one, you may get a DUNS number free of charge by contacting Dun and Bradstreet at www.dnb.com. CWSRF Funding Agreement Number: L1200019 Recipient Information 1. Legal Name City of Yakima 2. DUNS Number 078212651 3. Principle Place of Performance 129 N 2nd Street 3a. City Yakima 3b. State WA 3c. Zip+4 98901 3d. Country USA 4. In the preceding fiscal year did your organization: a. Receive 80% or more of annual gross subgrants, and/or cooperative agreements; b. $25,000,000 or more in annual gross subgrants, and/or cooperative agreements; c. The public does not have access to information reports filed with the IRS or the Security revenue from and federal contracts, subcontracts, grants, loans, federal contracts, subcontracts, grants, loans, the compensation of the executives through periodic Commission per 2 CFR Part 170.330. 2, and return. (5) most highly compensated executives in your revenues from and about and Exchange complete page for the five NO. Skip to signature block, sign and date, organization. *Note: subrecipient's ❑ YES. You must report the following information Sign, date and return. Name' Of.Official ' ii ' o - Position Title - . -Total Compensation Amount* 1. 2. 3. 4. 5. "Total compensation" means the cash and noncash dollar value earned by the executive during the past fiscal year. (For more information, see 17 CFR 229.402 (C)(2)). By signing this document, the Authorized Representative attests to the information above. Signature of Authorized Representative Print Name 'niC G2.0f rrybatles Date 31 // Please submit this completed form (both pages) using the instructions in your CWSRF agreement for completion of its Attachment #7. The Department of Ecology will not authorize the CWSRF funding agreement without this form properly completed and submitted per those instructions. Page 1 of 2 Clean Water State Revolving Fund (CWSRF) Federal Funding Accountability and Transparency Act (FFATA) Reporting Form CWSRF Funding Agreement Number L1200019 Project Description ( instructions and example below) METHANE UTILIZATION/ENERGY CONSERVATION PROJECT: The project will evaluate and optimize methane gas generation and utilization at the City of Yakima Wastewater Treatment Plant. This project will specifically provide funding for design and installation of a waste grease receiving station. The grease receiving station will allow for increased production of biogas (methane). Funding will also be used to design and partially purchase a biosolids dryer. The dryer will be fueled with the increased biogas. Instructions for Subaward Project Description: In the first line of the description, provide a title for the subaward that captures the main purpose of the subrecipient's work. Then, indicate the name of the subrecipient and provide a brief description that captures the overall purpose of the subaward, how the funds will be used, and what will be accomplished. Example of a Subaward Project Description: Increase Healthy Behaviors: Educational Services District XYZ will provide training and technical assistance to chemical dependency centers to assist the centers to integrate tobacco use into their existing addiction treatment programs. Funds will also be used to assist centers in creating tobacco -free treatment environments. Page 2 of 2 Clean Water State Revolving Fund Initial Data Reporting Sheet DEPARTMENT OF ECOLOGY State of Washington General Project Information Loan Agreement Number: L1200019 Project Title: Methane Utilization/Energy Conservation Project Name of Recipient Organization: City of Yakima Wastewater Division Recipient's Project Manager Contact Information (Name, Address, Telephone, Email) Ryan Anderson, 2220 E Viola Avenue, Yakima WA, 98902 (509)249-6813, rcanders@ci.yakima.wa.us Ecology Project Contacts: Project Manager: Chris Coffin Financial Manager: Bill Hashim Project Start Date: august 1, 2011 Anticipated Project Completion Date: December 31, 2014 Anticipated Initiation of Operation Date (if applicable): July 1, 2014 Total Project Cost: $16,801,652 Total Committed Ecology Loan Funding: $3,751,414 NOTE: Guidance document for the ;questions below can be found at: http.//www.ecv.wa.qov/programs/wq/fundinq/GrantLoanMqmtDocs/GuidanceSRFI nitialReport.doc Project Details Categories for the Project (choose all that are involved in the scope of work of this project. And the percentage, by cost, of the project work involved in each of those categories) (See Guidance document for the Category descriptions). ❑ Planning and Design Only Wastewater Treatment Works Categories ® Category I 100% ❑ Category II ❑ Category IIIA ❑ Category IIIB ❑ Category IVA El Category IVB O Category V Clean Water State Revolving Fund Initial Data Reporting Sheet ❑ Category VI ❑ Category X Nonpoint Source Categories OA 0/0 ❑ Category VII -A % ❑ Category VII -B % ❑ Category VII -C % ❑ Category VII -D % ❑ Category VII -E % ❑ Category VII -F % ❑ Category VII -G ❑ Category VII -H yo ❑ Category VII -I % ❑ Category VII -d % ❑ Category VII -K % ❑ Category VII -L % Population Served by the Recipient Organization: 97,923 Population Served by the Project (Nonpoint/Activity projects skip this question): 97,923 Population Served by the total System (Nonpoint/Activity projects skip this question): 97,923 Wastewater Volume (Design Flow) for the Project, (in Millions of Gallons per Day, MGD) (Nonpoint/Activity projects skip this question). 21.5 Wastewater Volume (Design Flow) for the total System, (in Millions of Gallons per Day, MGD) (Nonpoint/Activity projects skip this question): 21.5 Check all that this project involves. ❑ Ocean Outfall ❑ Estuary/Coastal Bay ❑ Wetland ® Surface Water (Stream, River, Lake) ❑ Groundwater E Land Application ❑ Eliminates Discharge ❑ Involves No Change in Discharge ❑ Discharge is Seasonal ❑ No Discharge Involved National Pollutant Discharge Elimination System (NPDES) Permit number (if applicable): WA0024023 • Clean Water State Revolving Fund Initial Data Reporting Sheet Other Permit (as applicable), such as State Discharge permit, Phase I/Phase II Stormwater permit, etc Enter the type of permit and its number: Type: Number: Name of the most primary Receiving Waterbody (if applicable). Yakima River For Facility projects, identify the Latitude and Longitude (in Decimal Degrees) of the facility by its outfall location, or where it is impacting the primary Receiving Waterbody: Latitude: 46.34448 Longitude: -120.2752 Primary Receiving Waterbody's Federal NHD 12 -Digit HUC Code: (Important EPA reporting element. The following Internet page will allow you to drag over to Washington State and double-click to zoom in and locate the 12 digit HUC code for the area where the project is located: http://viewer. nationalmap.gov/viewer/nhd.html?p=nhd ) Contribution to Water Quality (Please choose only one) - Project contributes to water quality ® Improvement ❑ Maintenance (Please choose only one) — Project will allow the system to ❑ Achieve Compliance ® Maintain Compliance ❑ Progress Toward Achieving Compliance ❑ Not Applicable (for Nonp'oint projects) (Please choose only one) — The primary affected waterbody is ❑ Meeting Standards ® Impaired D Threatened ❑ Not Yet Assessed 11 (Please choose only one) — Project allows the system to address ❑ Existing TMDL ® Projected TMDL ['Watershed Management Plan Clean Water State Revolving Fund Initial Data Reporting Sheet Designated Surface Water Uses This Project Helps Protect or Restore Identify the Designated Surface Water Uses, Other Uses, and Outcomes that this projecthelps to protect or restore. If the project maintains or improves water quality, or if it increases effluent loadings but meets its permit, it contributes to protection of the uses you find when matching pollutants. If the project reduces loadings of a pollutant that is impairing a designated use (303(d) list), the project contributes to restoration of that use Select all applicable Uses and Outcomes (and if the project is Protecting it or Restoring it), and identify which one is the Primary one that the project is intended to protect or restore (check only one of them as the Primary): ❑Water Supply - Domestic ®Protect ❑Restore [Primary ['Water Supply - Industrial ®Protect Restore ❑Primary [Water Supply — Agricultural/Stock Watering ®Protect ❑Restore ❑Primary ❑Salmonid Migration, Growth, and Harvesting ®Protect ❑Restore [Primary ['Other Fish Migration, Growth, and Harvesting ❑Protect ❑Restore ['Primary ❑Clam, Oyster, and Mussel Growth and Harvesting ❑Protect ❑Restore ❑ Primary ❑Crustaceans/Other Shellfish Growth and Harvesting ❑Protect ❑Restore ❑ Primary ['Wildlife Habitat ®Protect ❑Restore ❑Primary ['Primary Contact Recreation ®Protect Clean Water State Revolving Fund Initial Data Reporting Sheet ❑Restore ❑Primary ❑Secondary Contact Recreation, Boating ®Protect El Restore ❑Primary ❑Aesthetic Enjoyment ®Protect El Restore ❑ Primary ❑Commerce and Navigation ®Protect ❑ Restore ❑Primary ❑Infrastructure Improvement ®Protect ❑Restore ®Primary. ❑Regionalization/Consolodation ❑Protect ❑Restore ❑Primary ❑ Water Reuse/Recycling/Conservation ❑Protect ❑Restore ❑Primary ❑Groundwater Protection ®Protect ❑Restore ❑Primary ❑ Drinking Water Supply ®Protect ❑Restore ❑Primary ❑Other Public Health/Pathogen Reduction ❑Protect ❑ Restore ❑Primary BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 14 For Meeting of February 7, 2012 K. ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: Resolution authorizing agreements pursuant to a loan application to the WA Department of Ecology State Revolving Fund for a 25% forgivable principal loan of $3,751,414 to fund capital improvement projects at the City's Wastewater Treatment Plant Scott Schafer, Wastewater Manager Ryan Anderson, Wastewater Utility Engineer Ryan Anderson, Utility Engineer (509)249-6813 Staff respectfully requests permission from the City Council for the consideration of a resolution to accept $3,054,264 loan at 2.6% interest rate and a forgivable principal (grant) amount of $697,150 from the Department of Ecology and to authorize the City Manager to execute all such documents and agreements. The recognized funds are dedicated towards capital improvement projects at the City's Wastewater Treatment Plant and have already been incorporated into the Wastewater Division's 2012 Budget. The loan agreement has been enclosed for your review. Resolution X Ordinance Contract: Mail to: Contract Term: Amount: Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: State Revolving Fund Other (specify) Expiration Date: Phone: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approve this resolution authorizing the City Manager to execute an agreement pursuant to a loan from the State Revolving Fund for $3,751,414 with 25% ($697,150) as forgivable principal to fund capital improvement projects at the City's Wastewater Treatment Plant. BOARD/COMMISSION RECOMMENDATION: (?AoijaT1z aeCJ J-0).) ATTACHMENTS: Click to download ❑ Resolution for loan grant funding from Ecology for WWTP ❑ Ecology SRF Loan Agreement ❑ Attachment 1, 2, and 3 SRF Loan 2012 ❑ Attachment 4 SRF Loan 2012 ❑ Attachment 5 and 6 SRF'^ Loan 2012 Attachment 7 and 8 SRF Loan 2012 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877 - February 20, 2012 Michael Morales, Interim City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 Re: Methane Utilization/Energy Conservation Project Washington State Water Pollution Control Revolving Fund Ecology Agreement No. L1200019 Dear Mr. Morales: RECEIVED CITY OF YAKIMA MAR - 2 2012 OFFICE OF CITY MANAGER I am pleased to inform you that the loan agreement for Yakima's POTW Energy Efficiency Project has been signed. A signed original of the agreement is enclosed for your project files and future reference. The loan provides $3,751,414 toward the project. Based on Green Project Reserves financial incentives established in the SFY 2012 Final Water Quality Funding Offer List and Intended Use Plan, the City of Yakima qualifies for part of the loan ($697,150) as forgivable principal. The remaining loan amount of $3,054,264 is at an interest rate of 2.6 percent for a term of 20 years. The interest rate is based on a 60 percent of market rate for tax exempt municipal bonds, according to rule (Chapter 173.98 WAC). We appreciate this opportunity to assist you with financial and technical assistance. Ecology's Water Quality Program staff in our Central Regional Office and Lacey are available to assist you with your project. If you have any questions or need additional information, please call Chris Coffin, project manager, at 509-454-4247 or Bill Hashim, Ecology's financial manager, at 360 407-6549. Sincerely, Ke Susewind, P.E., P.G. Water Quality Program Manager KS:BH:mb Enclosure cc: Ryan Anderson, City of Yakima Chris Coffin, Ecology/WQP/CRO Bill Hashim, Ecology/WQP-FMS 0 Form A -19-1A (Rev 10/00) ECY 060-02 State of Washington INVOICE VOUCHER AGENCY NAME 1. Proj Off. Program: WQFMS Washington State Department of Ecology P.O Box 47600, Olympia, WA 98504-7600 2. Grant/Loan/ Recipient (Warrant is to be payable to:) City of Yakima 129 North 2nd Street Yakima WA 98901 Federal ID No 91-6001293 Form A AGENCY USE ONLY AGENCY NO LOCATION CODE P.R. OR AUTH NO 3. Payment Request No 2 4 Agreement No L12000019 / L12S00019 Vendor's Certificate. 1 hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, or Vietnam era or disabled veterans status. 5. By. Tony O'Rourk Title City Manager (signin blue ink) 3101,13 Date 6. Tel No Received by Date Received 7 Effect. Date 8/1/2012 Expir Date 12/31/2015 8 Billing Period from 1/1/2013 to 8/15/2013 Project Officer Approval for Payment/Performance Certification Date 9 Fund Source Name State Revolving Fund GPR Loan Foregivable Principal 10 Amount of Grant/Loan from Fund 2,357,114 00 $ 697,150 00 $ 697,150 00 11 12 Cumulative Amount Requested 13 195,742 00 $ 221,100.25 $ 221,100.24 Previous Cumulative Amount Requested Current Request/Payment Due 39,134 45 $ 32,588.24 $ 32,588.23 156,607.55 $ 188,512 01 $ 188,512 01 14 Grant/Loan Remaining in the fund 2,161,372 00 $ 476,049 75 $ 476,049 76 All payments are made subject to federal and/or state audit. DOC DATE PMT DUE DATE CURRENT DOC. NO. REP DOC. NO. VENDOR NO. VENDOR MESSAGE USE TAX U131 NO. lVl)I. it )vn, w. LA raw. ��) MAC alltl 1,14111,, )it)J( u„nn. a wiv ri n..wr Kau PAM PKu, ...Is sw,ilxr I 4n.i. NUM1tLH .I) xtln I ''II,Q%M NA u_ 1. 10,1Ntr MOS A(Y:()IINI INt i APPROVAL. I'( IR I' A WARM" IDATIL I WARRANT 71) FAL WARRANT NUMPIIR Ecology is an Equal Opportunity and Affirmative Action Employer. AGENCY NAME 1. Proj. Off. Program. WQFMS Washington State Department of Ecology P.O. Box 47600, Olympia, WA 98504-7600 2. Grant/Loan/ Recipient (Warrant is to be payable to ) City of Yakima 129 North 2nd Street Yakima WA 98901 Federal ID No 91-6001293 Form A AGENCY USE ONLY AGENCY NO LOCATION CODE P.R. OR AUTH NO 3. Payment Request No. 3 4 Agreement No L12000019 / L12S00019 Vendor's Certificate I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise a ervices furnished to the State of Washington, and that all goods furnished and/: - services renderer .ave been provided without discrimination because of age, sex, arital status, race, cre color, l - onal origin, handicap, religion Vietnam era or disabl:l veterans status Tony O'Rourke Title City Manager (sign in b 124 Date ,ue ink) ,rte 6 Tel No. Received by Date Received 7 Effect. Date 8/1/2012 ,Expir Date 12/31/2015 9`' Billing Period from 8/16/2013 Fund, SourceName. to 11/15/2013 Project Officer Approval for Payment/Performance Certification Date. State Revolving Fund GPR Loan Foregivable Principal 10 Amount:of Grant/Loan from Fund." .. $ 2,357,114 00 $ 697,150 00 $ 697,150 00 11 12, 13 Currli]I tive:Amount Requested $ 404,493.34 $ 185,856 60 $ 185,856 59 Previous- Cumulative. Amount -Requested:. CurrentRequestlPayment Due $ 346,195 07 $ 143,507 61 $ 143,507 60 $ 58,298.27 $ 42,348 99 $ 42,348.99 14 Grant/Loan Remaining in the:fiir $ 1,952,620 66 $ 511,293 40 $ 511,293 41 All payments are made subject to.federal and/or state audit. DOC DATE PMT DUE DATE CURRENT DOC. NO. RET' DOC. NO. VENDOR NO. VENDOR MESSAGE USE TAX URI Na l. I F IUD1� ' KIND M.. (IN.-, m [l[D u ['.4131 INDIA x,u w,.,,,, .011,,1, ,11,11,1114,4�c rnl,4aF.:t ". � N001 [rt, 144.01ur ANu. vul..l. NUMMI% wn:. 1 404,1/%M Pier. [ma UWT I MON - AOVOIE-ntNO APPROVAL H IR PAYMENT wan T0 T1)T:AI. 1 WARRANT NUMBER l Ecology is an Equal Opportunity and Agirtnative Action Empoyer. CITY cONTRAC r N0: 7 RESOLUTION FORM B2: RUNNING BUDGET SUMMARY for PROJECTS with CASH EXPENDITURES ONLY Use one form for each group of costs with the same eligibility requirements. Agreement No.: L12000019 (standard loan) Recipient: City of Yakima Payment Request No.: 3 Page: 1 of 1 FOR PROJECTS WITH MORE THAN ONE GROUP OF ELIGIBILITY REQUIREMENTS: Group No.: Fund Source(s): _STD_ ,,f-,' '-,i,:,.(1,;),:-°;',,,,::-. Element No ',,:;',' ;..P'3;:...'44 ' ''''' i-, $, -',. '.7 -` . - --."-'4: . ' 7,,' • (2) :,;:--,-, ' .; --,''c,4itf.:- :.',,,, E)ci5enlitures, :.• 'lliii' 'Request . - - ,,, Ascrinstit,,,ctiop, - ,,it,,,:,,,,,,:,,q--;. ' , '" ,::,,, .,-:' :'' '';;;- ---, :-.',,-::',,, '-' - '7, ,1',': - ' ,'' ',- :;',,,-;'-:-'--t.Z-''',' ' "'''''''',•-''''' 4,..'", i. .= . ...r," ' 0)2:-. ',-: - , -,:cunioative; ': 'ciiii.-.,:, ,'-',,,:c, Expenditures . on Prev 'Forth."- •;:'•:- , '- ;,- ...',,, , $0.00 ,H, ----:--(6),.-t— - New turtiblOiveIitiiiiigOt ':,,,Ciati'- '',c,,,, ' Expenditures _ : , ',,,, '.., ' --i- .: ,vri--k: i ,:,,''-',:;;;I8y.,-'-,::•,,..-:':,' ' ' '--L ,:,-;',' - ,, % ,' --' -,,, ' " ' - , ', , ,,,F0411131iii:, k4::41;611.flaiiVi':ki:,;! Element Cost ,, „ --_,,::",\ :" ,„ ' _ s.' '.'. '. '.• .;• ,-;-- i $0.00 -' (I) Elig.% ',', 100% ^ (4)Eligt:'Ariret`:-, 1 2 $0.00 100% $0.00 3 $0.00 100% $0.00 $0.00 $0.00 $0.00 $0.00 4 $0.00 100% $0.00 $193,375.89 $193,375.89 $195,742.00 $193,375.89 5 $0.00 100% $0.00 $0.00 $0.00 $0.00 $0.00 6 $58,298.27 100% - $58,298.27 $152,819.18 $211,117.45 $2,161,372.00 $211,117.45 $58,298.27 $58,298.27 $346,195.07 $404,493.34 $2,357,114.00 (9) $404,493.34 (10) For each fund administered by Ecology that supports this group of costs, enter the name of the fund and the fund share (%) at right. Fund: Share: % Fund: _ Share: % Fund: _ Share: % (11) Compute fund amounts. In each column, multiply box 9 above by the fund share (%) in line ECY 060-07 (6/95) FORM B2: RUNNING BUDGET SUMMARY for PROJECTS with CASH EXPENDITURES ONLY Use one form for each group of costs with the same eligibility requirements. Agreement No.: L12000019 (GPR Loan) Recipient: City of Yakima Payment Request No.: 3 Page: 1 of 1 FOR PROJECTS WITH MORE THAN ONE GROUP OF ELIGIBILITY REQUIREMENTS: Group No.: Fund Source(s): _GPR_ :'- Element No.', . in ,1B2 ;'.',,; -Gish ,''; ; Expenditures '''" This Request , -. ,;:.: ,' ,(SSeinstruO:tions)--. '" ,'''''''-;,„- - , :. : :, "; - ' ' ';'' '''. - ' ''', i- - ,- ,, : " :, : , -,i--, - ' : , (5) •<:' .t,.i, --': Cumulative-; ; ' '';'' -',''''Caefi'',.- - - .Experuhtures,, 'on:Piev. Fbrrr,-1 . --.''...-",, , ' ,:.(6)-,;i. iillew''curruitatiye':„. '-- - -..• 'daih - :,' ' "!.,-gxpenchtures, '' -.; :- „(7): , .-, „ Budget;:%°--- , , -,.'. '''''' '',-r'. ' - -'t '.-, , , , _ ' .-: g$) --,:"-E11011:ii , -.CuMulative ' Element Cost e, .(3)Elig. %"' : (4) Eng. Am't ' 1 $0.00 100% $0.00 2 $0.00 100% $0.00 3 $33,642.11 100% $33,642.11 $23,996.01 $57,638.12 $274,545.00 $57,638.12 4 $0.00 100% $0.00 $96,687.95 $96,687.95 $97,871.00 $96,687.95 5 $0.00 100% $0.00 $0.00 $0.00 $0.00 $0.00 6 $8,706.88 100% $8,706.88 $22,823.65 $31,530.53 $324,734.00 $31,530.53 $42,348.99 $42,348.99 $143,507.61 $185,856.60 $697,150.00 (9) $185,856.60 (10) For each fund administered by Ecology that supports this group of costs, enter the name of the fund and the fund share (%) at right. Fund: Share: % Fund: _ Share: % Fund: _ Share: % (11) Compute fund amounts. In each column, multiply box 9 above by the fund share (%) in line ECY 060-07 (6/95) FORM B2: RUNNING BUDGET SUMMARY for PROJECTS with CASH EXPENDITURES ONLY Use one form for each group of costs with the same eligibility requirements. Agreement No.: L12000019 (GPR Forgivable) Recipient: City of Yakima Payment Request No.: 3 Page: 1 of 1 FOR PROJECTS WITH MORE THAN ONE GROUP OF ELIGIBILITY REQUIREMENTS: Group No.: Fund Source(s): _FP .?•'' ' ' (1)-,' " ' ?? Element No - , - --,(2)-'' ',-, ' -: Cash ' .- Expenditures - Thii- Request'l, $0.00 ' ? (S.60'inStniotyrs): -- ; ' , -. r - - ,-.,,,,, ..-1,7 -',.. ' ,:. '---;:--..-, , ,::-,, , - - - ..1,: ‘' - - - . , „;..f,', (5). ', Chmulatiye, - iCash?i- -:,; „ Expenditures on Prev Form B ' (6).' New Cumulative'-- . :-Cash -- -..,' - Expenditures - ? -..- ,,,,, (T) -,..V2, -;,t Budget -, — - , , , :. -, ' ' - ' -' . - . -,, ,'",",..J-.,(13.):: '-- --Ehsphle . --'a9T0,,tivi,-; Element Cost. (3) Elig. % -., 100% (4) Elig. Ain't - :,- ',-' ' _ „. $0.00 1 2 $0.00 100% $0.00 3 $33,642.11. 100% $33,642.11 $23,996.01 $57,638.12 $274,545.00 $57,638.12 4 $0.00 100% $0.00 $96,687.85 $96,687.85 $97,871.00 $96,687.85 5 $0.00 100% $0.00 $0.00 $0.00 $0.00 $0.00 6 $8,706.88 100% $8,706.88 $22,823.65 $31,530.53 $324,734.00 $31,530.53 $42,348.99 $42,348.99 $143,507.51 $185,856.50 $697,150.00 (9) $185,856.50 (10) For each fund administered by Ecology that supports this group of costs, enter the name of the fund and the fund share (%) at right. Fund: Share: % Fund: _ Share: % Fund: _ Share: % (11) Compute fund amounts. In each column, multiply box 9 above by the fund share (%) in line ECY 060-07 (6/95) FORM C2: VOUCHER SUPPORT for PROJECTS with CASH EXPENDITURES ONLY Use one form for each group of costs with the same eligibility requirements. Agreement No.: _L12000019 Recipient:_ City of Yakima Payment Request No _3 Page. 1 of 1 (1) Element No. (2) Payee (3) Item ; (4) - Invoice Number - ,(5) DateCostWarrant Incurred (6) Number (if anv) (7) .- Amount of Cash Expenditure 4 Cole Industrial Boilers - Final Payment 1018528 3/25/2013 $ 67,284.22 6 Pharmer Engineering Dryer Design 13041-06 9/18/2013 $ 25,641.99 6 Pharmer Engineering Dryer Design 10341-07 10/15/2013 $ 16,281.21 6 Pharmer Engineering Dryer Design 10341-08 11/13/2013 $ 33,788.83 TOTALS BY ELEMENT (8) $ 142,996.25 DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO. 1 [FINAL] TO LOAN NO. L1200019/L12S0019 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA PURPOSE: To amend.,,the—Agreement between the state of Washington Department of Ecology, hereinafter referred..to a's;`'DEP'ARTMENT,' and the City of Yakima, hereinafter referred to as `RECIPIENT,' for the Methane Utilization/Energy Conservation Phase 2 project. This revised final amendment is needed to resolve a $3,104.35 payment discrepancy on payment request #2. IT IS MUTUALLY AGREED that the LOAN agreement is amended as follows: 1. The original scope of work has been reduced to work accomplished. The RECIPIENT has changed the goals and priorities for their wastewater treatment facility and will be updating their facility plan in the r. gar future. 2. The original LOAN amount of $3,054,264 was decreased by $2,463,914.06. 3. In addition, $15,388.45 of interest has accrued from previous disbursements and is included in the final LOAN amount. 4. Recipient has made one $15,461.29 principal and interest loan payment, plus a $3,104.35 repayment of funds. 5. The new final Total LOAN balance is $587,172.75 based upon the final eligible costs for the project. 6. The forgivable principal portion of the loan has been reduced by $511,293.41, from $697,150 to $185,856.59. 7. The PROJECT Initiation of Operation Date is July 1, 2014, and based on this date, LOAN repayment began on July 1, 2015. 8. The attached revised FINAL LOAN REPAYMENT SCHEDULE Number 2161 created on July 9, 2015, replaces all previous ESTIMATED LOAN REPAYMENT SCHEDULE(s). State of Washington Department of Ecology Loan No. L1200019, Amendment 1 [FINAL] City of Yakima This Amendment is effective the date of the Water Quality Program Manager's signature. IN WITNESS WHEREOF: the parties have signed this Amendment. State of Washington Department of Ecology r`40 S gnature He: her R. Bartlett Water Quality Program Manager Approved as to form only Assistant Attorney General th7/S Date City of Yakima SDate Tony O'Rourke City Manager Page 2 of CITY CONTRAC r 140(-719 RESOLUTION No: Dept. of Ecology (REVISED) ATTACHMENT 8 Loan Number L1200019 Loan Amount $587,172.75 FINAL LOAN REPAYMENT SCHEDULE Recipient Name City of Yakima Term of Loan 38 Payments Amortization Method Compound -365 D/Y Annual Int. Rate 2.600 % Project Completion Date 12/31/2014 Interest Compounded Monthly Initiation of Operations 07/01/2014 Loan Date 07/01/2015 Loan Number L1200019 Department of Ecology Recipient Name City of Yakima Date Created 07/09/2015 Payment # Due Date Payment Amount Interest Principal. Balance 1 01/01/2016 $19,704.36 $7,674.71 $12,029.65 $575,143.10 2 07/01/2016 $19,704.36 $7,517.48 $12,186.88 $562,956.22 SubTotal 2016 $39,408.72 $15,192.19 $24,216.53 3 01/01/2017 $19,704.36 $7,358.19 $12,346.17 $550,610.05 4 07/01/2017 $19,704.36 $7,196.81 $12,507.55 $538,102.50 SubTotal 2017 $39,408.72 $14,555.00 $24,853.72 5 01/01/2018 $19,704.36 $7,033.33 $12,671.03 $525,431.47 6 07/01/2018 $19,704.36 $6,867.72 $12,836.64 $512,594.83 SubTotal 2018 $39,408.72 $13,901.05 $25,507.67 7 01/01/2019 $19,704.36 $6,699.93 $13,004.43 $499,590 40 8 07/01/2019 $19,704.36 $6,529.96 $13,174.40 $486,416.00 SubTotal 2019 $39,408.72 $13,229.89 $26,178.83 9 01/01/2020 $19,704.36 $6,357.76 $13,346.60 $473,069.40 10 07/01/2020 $19,704.36 $6,183.31 $13,521.05 $459,548.35 SubTotal 2020 $39,408.72 $12,541.07 $26,867.65 11 01/01/2021 $19,704.36 $6,006.58 $13,697.78 $445,850.57 12 07/01/2021 $19,704.36 $5,827.54 $13,876.82 $431,973.75 SubTotal 2021 $39,408.72 $11,834.12 $27,574.60 13 01/01/2022 $19,704.36 $5,646.16 $14,058.20 $417,915.55 14 07/01/2022 $19,704.36 $5,462.42 $14,241.94 $403,673.61 SubTotal 2022 $39,408.72 $11,108.58 $28,300.14 15 01/01/2023 $19,704.36 $5,276.26 $14,428.10 $389,245.51 (REVISED) ATTACHMENT 8 Page 1 of 3 Schedule Number 2161 Loan Number L1200019 Department of Ecology , Recipient Name City of Yakima Date Created 07/09/2015 Payment # Due Date Payment Amount Interest Principal Balance 16 07/01/2023 $19,704 36 $5,087.68 $14,616.68 $374,628.83 SubTotal 2023 $39,408.72 $10,363.94 $29,044.78 17 01/01/2024 $19,704.36 $4,896 63 $14,807.73 $359,821.10 18 07/01/2024 $19,704.36 $4,703 09 $15,001 27 $344,819 83 SubTotal 2024 $39,408.72 $9,599.72 $29,809.00 19 01/01/2025 $19,704.36 $4,507.01 $15,197.35 $329,622.48 20 07/01/2025 $19,704.36 $4,308.37 $15,395.99 $314,226.49 SubTotal 2025 $39,408.72 21 01/01/2026 $19,704.36 22 07/01/2026 $19,704.36 $8,815.38 $4,107.14 $3,903.27 $30,593.34 $15,597.22 $15,801 09 $298,629.27 $282,828.18 SubTotal 2026 $39,408.72 23 01/01/2027 $19,704.36 24 07/01/2027 $19,704.36 $8,010.41 $3,696.74 $3,487.51 $31,398.31 $16,007.62 $16,216.85 $266,820.56 $250,603.71 SubTotal 2027 $39,408.72 25 01/01/2028 $19,704.36 26 07/01/2028 $19,704.36 $7,184.25 $3,275.55 $3,060.81 $32,224.47 $16,428.81 $16,643.55 $234,174.90 $217,531.35 SubTotal 2028 $39,408.72 27 01/01/2029 $19,704.36 28 07/01/2029 $19,704.36 $6,336.36 $33,072.36 $2,843.27 $16,861 09 $2,622.88 $17,081.48 $200,670.26 $183,588.78 SubTotal 2029 $39,408.72 29 01/01/2030 $19,704.36 30 07/01/2030 $19,704.36 $_5,466.15 $2,399.62 $2,173.44 $33,942.57 $17,304 74 $17,530 92 $166,284.04 $148,753 12 SubTotal 2030 $39,408.72 31 01/01/2031 $19,704 36 32 07/01/2031 $19,704.36 SubTotal 2031 $39,408.72 33 01/01/2032 $19,704.36 34 07/01/2032 $19,704.36 SubTotal 2032 $39,408.72 35 01/01/2033 $19,704.36 (REVISED) ATTACHMENT 8 $4,573.06 $1,944.30 $1,712.16 $3,656.46 $1,476.99 $1,238 75 $2,715.74 $997.39 $34,835.66 $17,760.06 $17,992.20 $35,752.26 $18,227.37 $18,465.61 $36,692.98 $18,706.97 $130,993.06 $113,000.86 $94,773.49 $76,307.88 $57,600.91 Paze 2 of 3 Schedule Number 2161 F,oan Naimber L1200019 Department of Ecology Recipient Name City of Yakima Date Created 07/09/2015 Payment # Due Date Payment Amount 36 07/01/2033 $19,704.36 Interest $752.88 Principal Balance $18,951.48 $38,649.43 SubTotal 2033 $39,408.72 $1,750.27 $37,658.45 37 01/01/2034 $19,704.36 $505.17 $19,199.19 $19,450.24 38 07/01/2034 $19,704.47 $254.23 $19,450.24 $0.00 SubTotal 2034 $39,408.83 $759.40 $38,649.43 Grand Total $748,765.79 $161,593.04 $587,172.75 (REVISED) ATTACHMENT 8 Page 3 of 3 Schedule Number 2161