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<br />�
<br />State of Washington
<br />Agreement Na:
<br />Project Title:
<br />Recipient Name:
<br />Department of Ecology
<br />S F AFBD -2 5 2 7- K iLPVVi)-Q0022
<br />Upper Yakima River Floodplain and Habitat Restoration Implementation
<br />Kittitas County - Public Works Department
<br />a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progre
<br />reports to tCOLYL OG.COLrightOGY reserves the io amend or terminate this Agreement if the RECIPIENT do
<br />not document timely use of funds.
<br />b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
<br />without a 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) Quarterl
<br />1 thro
<br />after t
<br />e
<br />SS
<br />;S
<br />y progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July
<br />ugh September 30, and Octobe
<br />rlt
<br />hrough December 31. Reports shall be submitted within thirty (30) days
<br />he end of the quarter being reported.
<br />e) RECIPIENT must submit within thirty (30) days of the expiration date o f the project, unless an extension has
<br />Is by the Agreement and funding
<br />been approved by ECOLOGY, all financial, performance, and other reports re(
<br />program guide lines. RECIPIENT shall use the ECOLOGY provided closeout r
<br />21. PROPERTY RIGHTS
<br />eport format.
<br />a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
<br />property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty
<br />free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or
<br />property, and to authorize others to use the same for federal, state, or local government purposes.
<br />b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
<br />inform ation; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos,
<br />reports', maps, or other data in printed reports, signs, brochures, pamphlets, etc.. appropriate credit shall be given to
<br />ECOLOGY.
<br />c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or
<br />graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate.
<br />ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the
<br />materials.
<br />d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of
<br />Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly
<br />or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to
<br />the contrary, or upon specific instructions with respect thereto in this Agreement.
<br />e) 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 returned to ECOLOGY prior to final payment by
<br />ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT'S possession, then ECOLOGY
<br />shall he reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
<br />� Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes
<br />funds for the acquisition of land or facilities:
<br />1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for
<br />in this Agreement.
<br />2. RECIPIENT shall provide satisfactory evidence of title ear ahility to acquire title for each parcel prior to
<br />disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
<br />certificates, or abstracts, and attorneys opinions establishing that the land is free from any impediment, lien, or
<br />claim which would impair the uses intended by this Agreement.
<br />g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
<br />equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
<br />assistance was originally approved without prior written approval of ECOLOGY. Such approval may be
<br />conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or
<br />encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,, purchase, or
<br />construction costs of such property.
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