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State of Washington Department of Ecology
<br />Agreement No: WRYBIP-2325-KiCPWD-00058
<br />Project Title: Lower Kittitas Reach Design and Agency Coordrnation
<br />Recipient Name: Kittitas County
<br />Page 19 of 22
<br />a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests 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 cover the periods from January I through March 3 l, April I through June 30, July I through
<br />September 30, and October I through December 31. Reports shall be submitted within thirty (30) days after the end of the
<br />quarter being reported.
<br />e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
<br />by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines.
<br />RECIPIENT shall use the ECOLOGY provided closeout report format.
<br />21. PROPERTYRIGHTS
<br />a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
<br />under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,
<br />and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
<br />use the same for federal, state, or local govemment purposes.
<br />b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
<br />present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, 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 reproduction of the materials.
<br />d) Tangible Property 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 property purchased wholly or in part with funds
<br />fumished 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 Property Fumished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
<br />for use in performance of the project, it shall be retumed 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 property.
<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 />l. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
<br />Agreement.
<br />2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
<br />funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
<br />attomey's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
<br />this Agreement.
<br />g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at 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 written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
<br />that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
<br />Agreement bear to the total acquisition, purchase, or construction costs ofsuch property.
<br />Template Version I 2/1 0/2020
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