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Staie olWashington Departmcnt of Ecology
<br />Agrcemcnt No: SWMLSWFA-2021-KICPHD-00003
<br />Pmjcct Title: SWE Kittitas Co. Ptl
<br />Recipient Name: KfmI'lAS COLTNTY PUtsLlC HEALTH
<br />Page l7 of20
<br />a) R-ECIPIENT must satisfactorily dcmolrstratc the timely use of funds by submitting payment requcsts and progress reports to
<br />ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
<br />timely use of funds.
<br />b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
<br />progress report. ECOLOGY will define the elements and frequency of progress reports.
<br />c) RECIPIENT shall use ECOLOGY's provided progress report format.
<br />d) Quarterly progress reports will covcr thc pcriods from January I through March 31, April 1 through June 30, July 1 through
<br />Scptcmbcr 30, and October 1 through December 31. Rcports shall be submifted within thirfy (30) days after the end of the
<br />quarter being reporled.
<br />e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unlcss an extension has been approved
<br />by ECOLOGY, all financial, performance, and other reports required by the Agreemcnt an<l funding program guidelines.
<br />RBCIPIENT shall use the ECOLOGY provided closeout report iormat.
<br />21. PROPERTY zuGHTS
<br />a) Copyrights and Patents. When the RECIPIENT creatcs any copyrightable materials or invents any patentable properfy
<br />under this Agreement, the RECIPIENT may coplright or patent lhe same but ECOLOGY retains a royalty free, nonexclusive,
<br />and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or properfy, and to authorize others to
<br />use the same for federal, state, or local government purposes.
<br />b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or pubiish ECOLOGY information;
<br />present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, rnaps, or other data
<br />in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
<br />c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
<br />materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate . ECOLOGy shall
<br />acknowledge the RECIPIENT as the sole copyright owner in every use or rcproduction of the materials.
<br />d) Tangible Properry Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
<br />and Loans," shall control the use and disposition of all real and personal properfy purchased wholly or in part with funds
<br />furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
<br />instructions with respect thereto in this Agreement.
<br />e) Personal Properly Furnished by ECOLOCY. When ECOLOGY provides personal property directly to the RECIpIENT
<br />for use in performance of the pro-f ect, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
<br />is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoffby
<br />the RECIPIENT for the fair market value of such properry.
<br />f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
<br />acquisition of land or facilities:
<br />1' RECIPIENT shall cstablish that the cost is fair valuc and reasonable prior to disburscmcnt of funds provided for in this
<br />Agrccmcnt.
<br />2. RECIPIENT shall provide satisfactory evidetrce of title or ability to acquire title for cach parccl prior to disbursement of
<br />funds provided by this Agreement. Such evidence may include title insurancc policics, Torrens certificates, or abstracts, and
<br />attorney's opinions establishing that the land is frec from any impediment, licn, or claim which would impair the uses intcnded by
<br />this Agreement.
<br />g) Convcrsions, Regardlcss of thc Agreement expiration date, the RECTPIENT shall not al any time convert any equipment,
<br />property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
<br />approved without prior wriften approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGy of
<br />that portion of the proceeds of the sale, Iease, or other conversion or encumbrance which monies granted pursuant to this
<br />Agreement bear to the total acquisition, purchase, or construction costs of such property.
<br />Tcmplate Version 12/ 10 /202A
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