SH25-001 Boating Safety 2025 Agreement

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of, or constitute a default or require any consent under any other agreement or instrument to which Subrecipient is party or by which Subrecipient may be bound or affected. No authorization, consent, license, approval of, or filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery, or performance by Subrecipient of this Agreement, other than those that have already been obtained. 11.3 This Agreement has been duly executed and delivered by Subrecipient and constitutes a legal, valid, and binding obligation of Subrecipient enforceable in accordance with its terms. 11.4 Subrecipient has the skill and knowledge possessed by well-informed members of the industry, trade or profession most closely involved in providing the services under this Agreement, and Subrecipient will apply that skill and knowledge with care and diligence to perform its obligations under this Agreement in a professional manner and in accordance with the highest standards prevalent in the related industry, trade, 11.5 Subrecipient shall, at all times during the term of this Agreement, be qualified, professionally competent, and duly licensed to perform its obligations under this Agreement. The representations and warranties set forth in this Section 11- Representations and Warranties are in addition to, and not in lieu of, any other representations or warranties provided by Subrecipient. SECTION 12: Governing Law and Consent to Jurisdiction This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. SECTION 13: Equipment: Ownership, Maintenance, Useful Life & Disposal 13.1 Ownership Of Equipment. Except as otherwise provided herein, Subrecipient shall retain ownership of equipment purchased pursuant to the terms of the grant. Subrecipient may not, during the term of the grant, transfer or convey its ownership interest in the equipment. Subrecipient shall not at any time during the term of the grant convert any facility equipment which was acquired pursuant to the grant to a use other than those for which the assistance was originally approved. Equipment purchased with Recreational Boating Safety Act funds shall be used only for the purpose for which it was purchased and no other purpose, whether or not the Subrecipient continues to be supported by Recreational Boating Safety Act grant funds. Observed/reported incidents of unauthorized use of MLE equipment shall be addressed by the following: 1) Any observed/reported incident of unauthorized use of MLE funded vessels will be followed -up by MLE communication with the Subrecipient. MLE may conduct site visits or contact area boaters for supplemental information as necessary. 2) In those instances where MLE determines that an unauthorized use of a MLE funded vessel has occurred, MLE will provide written notification to the operator of its determination with a warning that continued misuse or abuse of MLE-funded vessels and equipment may result in: a) the removal of misused equipment from the facility; and/or b) an assessment against the operator for reimbursement of the federal contribution against the current market value of the vessel. 13.2 Title. Title to equipment purchased under this Agreement shall vest in the Subrecipient. If the Subrecipient determines that it cannot use the equipment for the stated grant purposes at any point prior to the end of the equipment's useful life, but after the end of this award period, the Subrecipient shall inform MLE in writing within 30 days of such determination. Such equipment shall be transferred by the Subrecipient to a third party approved by MLE, in accordance with applicable provisions of state and federal law. Should the equipment not be transferred to another MLE approved law enforcement agency in accordance with this provision, the equipment shall either be returned to MLE, or it shall be disposed in accordance with 50 CFR Part 85; and 2 CFR Part 200. 13.3 Useful Life. Beyond the acquisition grant period of performance and throughout the duration of the equipment's useful life, the equipment must continue to be used in the program or project for which it was acquired. When no longer needed for the original program or project, equipment may be used in other activities in the following order of priority: a. Activities supported under a Federal award from the Federal awarding agency which funded the original program or project, then: MLE 325-508 - Kittitas CSO Page 7 of 16