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DocuSign Envelope lD:. 7267 FCFE-26F94724-BS2Z-D46035D896FF <br />Strrte ol Wnshingron Departntent ol'Ecology <br />.A.grecrnent No: SWMLSWFA-2013-KiCoS\\|-(X)195 <br />Projr.ct Title: P&l Kittitas Co S\V <br />Rccipient Nanre: KITTITAS COUNTY SOLID WASTE <br />Ilrtgc 22 of 25 <br />a) RECIPIENT must satisfactorily demonshate the tirnely use of flnds by subrnitting payment requests .rnd pro-qress reports to <br />ECOLOGY. ECOLOGY reserves the right to amend or tenrinate this Agreement if the RECIPIENT cloes not docunreut <br />tirnelv use of furlds. <br />b) RECIPIENT must sublnit a progress report with each payrnent request. Payment requests will not be proces.red rvithout a <br />progress report. ECOLOCY willdefine the elements and ti'equency of progress reports. <br />c) RECIPIENT shall use ECOLOCY's provided progress report tbrnrar. <br />d) Quarterly progress reports will cover the periods fronr January I through March 3l, April I through June 30, July I through <br />Septetnber 30, and October I through December 31. Reports shall be suburitted within thirty (30) days after. the end of the <br />quarter being reported. <br />e) RECIPIENT must submit withiri thirry (30) days of the expiration date of the project, unless an extension has been approved <br />by ECOLOGY, all financial, perfonnance, and other reporls required by the Agreernent and funding program guidelines. <br />RECIPIENT shall use tlre ECOLOCY provided closeout report fomrat. <br />21. PROPERTY RIGHTS <br />a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or in.r,ents any patentable properry <br />rtnder this Agreement, the RECIPIENT may copyright or patent the saure but ECOLOGY retains a royalty fiee, nonexclusive, <br />and irrevocable license to reproduce, publish, recover, or otherwise use the nraterial(s) or properly, and to authorize others to <br />use the same tbr federal, state, or local govenrment purposes. <br />b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY infomrarion; <br />prcsent papers' lectutes, or setninars involving infonnation supplied by ECOLOGY; or use logos, reports, tllaps, or other 6ata <br />in printed reports, signs, btochures, pamphlets, etc., appropriate crecJit shall be given to ECOLOGY. <br />c) Presentation and Promotional Materials. ECOLOCY shall have the right to use or reprccluce any printed or.graphic <br />materials produced in f'ulfilhnent of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall <br />acknorvledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. <br />d) Tangible Property Rights. ECOLOGY's cunent edition of "Administrarive Requirements for Recipients of Ecology Grants <br />atld Loans," shall control the use and disposition of all real and personal ploperty purchased wholly or in part with f'unds <br />hrrnished by ECOLOGY in the absence of state and fbderal statutes, regulations, or policies to the contrary, or upon specific <br />instructions with respect thereto in this Agreernent. <br />e) Personal Property Furnished by ECOLOGY. When ECOLOCY provides personal property directly to the RECIPIENT <br />for use in perfonnance of the project, it shall be retumed to ECOLOGY prior to final paymenr by ECOLOGY. If said property <br />is lost, stolett, or damaged while in the RECIPIENT's possession. then ECOLOGY sliall be reimbursecl in cash or by setoff by <br />the RECIPIENT for tlre lair rnarket value of such property. <br />f) Acquisition Projects. The following pmvisions shall apply if the project covered by this Agreemcnt inclucles fupds for tlre <br />acquisition of land or facilities: <br />I . RECIPIENT shall establish that tlre cost is fair value arrd reasonable prior to disbursement of funds provicled for in this <br />Agreement. <br />2. RECIPIENT shall provide satisfactory evidence of title or ability to acquirc title fbr each parcel prior to disburseprent of <br />funds provided by this Agreement. Such evidence may include title insurance policies, Tomens certificates, or abstracts, and <br />attomey's opinions establishing that the land is free frorn any irnpedirnent, lieu, or claim which wotrld impair the uses intended by <br />this Agreement. <br />g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not ar any time conveft any equipmeut, <br />property, or facility acquired or developed under this Agreement to uses other than those fbr which assistance was originally <br />approved without prior written approval of ECOLOGY. Such approval may be contliticned upon paymenr ro ECOLOGy of <br />that portion of the proceeds of the sale, lease, or other conversion or encumbrance which rnonies granted pursuant to this <br />Agreement bear to the total acquisition, purchase, or construction costs of such property. <br />Tenrphte Versiorr I 2/l 0/2020