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State o I' WaAmigton Deparinmit or Eeolog�
<br />Agreement No 511PREC-201 7-KtCoE%ko0o63
<br />Project Title Regional oil spill mid hu,mat incident response and resource acquisition
<br />Recipient Name Kittims County sherill,
<br />llim,e 16 of 19
<br />c) Presentation and Promotional I'vlaterials. ECOLOGY shall have the right to Use or Mpt-OdUCC any printed Or graphic
<br />materials produced in fill rill incrit ol.'this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
<br />acknowledge the RECIPIENT as tile sole copyright Owner in every use or reproduction of the materials,
<br />(1) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients orEcology
<br />Grants and Loans," shall control the use and disposition ofall real and personal property purchased wholly or in part
<br />with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
<br />OrUpOtl specific instrt.16011S with respect thereto in this Agreemclit.
<br />c) Personal Property Furnished by ECOLOGY, When ECOLOGY provides personal property directly to the
<br />RECIPIENT for use in performance of the project, it shall be I -CRU -1112d to ECOLOGY prior to final payment by
<br />ECOLOGY. If said property is lost, stolen, or damaged while in the RECfPIENT's possession, then ECOLOGY shall
<br />be reimbursed in cash or by setoff by the RECIPIENT for tile fair market value Of SUCII property.
<br />1) Acquisition Projects, The following provisions shall apply if tile project covered by this Agreement includes binds
<br />for the acquisition Orland or facilities:
<br />1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement or funds provide([ for in
<br />this Agreement.
<br />2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
<br />disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrelis
<br />certificates, or abstracts, and attorney's opinions establishing- that tile land is free fromany impediment, lien, or claim
<br />which would impair the uses intended by this Agreement,
<br />g) Conversions. Regardless or the Agrecillon t expiration ion (late, the RECIPIENT shall not at any time convert any
<br />equipment, property, or facility acqUirCd or developed under this Agreement to uses other than those for which
<br />assistance was originally approved without prior written approval of ECOLOGY. Stich approval may be conditioned
<br />upon payment to ECOLOGY of that portion of the proceeds of the safe, lease, Or Other COnVerSi011 or C11CUmbratice
<br />which monies granted pursuant to this Agreement beat, to tile total acquisition, purchase, or COIlStrLicti011 Costs Orsuch
<br />property.
<br />21. RECORDS, AUDITS, AND INSPECTIONS
<br />RECfPIEN,r shall maintain complete program and financial records relating to this Agreement, including any
<br />engineering documentation and field inspection reports oral] construction work accomplished.
<br />All records shall:
<br />a) Be kept in a manner which provides in audit trail for all expenditures.
<br />b) Be kept in a common file to facilitate audits and inspections.
<br />c) Clearly indicate total receipts and expenditures related to this Agreement.
<br />d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State or
<br />Washington, Fora period of at least three (3) years after the final grant payment of, loan repayment, or ally dispute
<br />IVSOIL16011 hereunder.
<br />RECIPIENT shall provide clarification and make necessary adjustments if myaudits or inspections idcntify
<br />discrepancies in the records.
<br />ECOLOGY reserves the right to audit, of- have designated third party audit, applicable records to ensure that the state
<br />has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
<br />enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
<br />All work performed under this Agreement and any property and eqLliplllellt purchased shall be made available to
<br />ECOLOGY and to any authorized state, federal or local representative for inspection at any time (hiring tile course of
<br />this Agreement and for at least three (3) years following grant of, loan termination or dispute resolution hereunder.
<br />RECIPIENTshall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
<br />in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement,
<br />Version 10/30/2015
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