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12.2 Title. Title to equipment purchased under this Agreement shall vest in the Subrecipient. If the <br /> Subrecipient determines that it cannot use the equipment for the stated grant purposes at any <br /> point prior to the end of the equipment's useful life, but after the end of this award period and <br /> any extensions thereof, the Subrecipient shall inform MLE in writing within 30 days of such <br /> determination. Such equipment shall be transferred by the Subrecipient to a third party <br /> approved by MLE for use for grant purposes in accordance with applicable provisions of state <br /> and federal law. Should the equipment not be transferred to another state parks RBS approved <br /> law enforcement agency in accordance with this provision, the equipment shall either be <br /> returned to MLE for use for grant purposes, or it shall be disposed in accordance with 50 CFR <br /> Part 85; and 2 CFR Part 200. <br /> 12.3 Useful Life. Beyond the acquisition grant period of performance and throughout the duration <br /> of the equipment's useful life,the equipment must continue to be used in the program or project <br /> for which it was acquired, as Recreational Boating Safety Act Program.When no longer needed <br /> for the original program or project, equipment may be used in other activities in the following <br /> order of priority: <br /> a. Activities supported under a Federal award from the Federal awarding agency which <br /> funded the original program or project; then <br /> b. Activities under Federal awards from other Federal awarding agencies; then <br /> c. Any activities consistent with the administration of the Washington State Parks and <br /> Recreation Commission. <br /> 12.4 Special Survivorship Note: Ownership is not absolute. Regardless of agreement's expiration, <br /> anything tangible, intangible, or intellectual property that was purchased or created from federal <br /> funds or funded with federal funds maintains federal and state MLE entanglements, <br /> requirements, or conditions (conditional ownership) unless/until released by the MLE or federal <br /> government in writing. While other conditions may apply, typically a release would occur upon <br /> the MLE or federal government being completely satisfied that the item in question has reached <br /> the end of its useful life which is usually a dollar value. Determination of value is solely at the <br /> discretion of the MLE or federal government. Should professional appraisal services be <br /> needed to determine value, these costs shall be borne by the Subrecipient. Selection of an <br /> appraisal services firm is subject to the written approval of the MLE or federal government. <br /> 12.5 Use and Maintenance. The Subrecipient shall operate and maintain the equipment, <br /> purchased, constructed, installed, renovated, operated, repaired, or maintained with MLE grant <br /> funds to function as intended for the full period of their useful life and in a manner that provides <br /> adequate service, promotes use, and protects public health. Such conditions include: <br /> 12.5.1 Subrecipient shall operate and maintain grant funded equipment in accordance with all <br /> applicable Federal, State and local laws, orders, regulations and permits. <br /> 12.5.2 Operation shall include having trained personnel available to facilitate operation of the <br /> equipment and a schedule for maintenance. <br /> 12.5.3 Law Enforcement vessels shall be operated by trained personnel with a valid State of <br /> Washington Boater Education Card or equivalent and be a graduate of state parks Basic <br /> Marine Law Enforcement Academy or equivalent. <br /> 12.5.4 Law Enforcement vessels shall be equipped with all federally required safety equipment <br /> MLE 123-115 Subrecipient Agreement-Boating Program(FFA Grant Award) Page 13 of 64 <br />