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<br />MLE 325-178 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 13 of 35 <br />12.4 Special Survivorship Note: Ownership is not absolute. Regardless of agreement’s <br />expiration, anything tangible, intangible, or intellectual property that was purchased or <br />created from federal funds or funded with federal funds maintains federal and state MLE <br />entanglements, requirements, or conditions (conditional ownership) unless/until released <br />by the MLE or federal government in writing. While other conditions may apply, typically a <br />release would occur upon the MLE, or federal government being completely satisfied that <br />the item in question has reached the end of its useful life which is usually a dollar value. <br />Determination of value is solely at the discretion of the MLE or federal government. Should <br />professional appraisal services be needed to determine value, these costs shall be borne <br />by the Subrecipient. Selection of an appraisal services firm is subject to the written <br />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 <br />grant funds to function as intended for the full period of their useful life and in a manner that <br />provides adequate service, promotes use, and protects public health. Such conditions <br />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 />and provide and ensure appropriate personal flotation devices are worn at all times when <br />on the vessel or dock. <br />12.5.5 All law enforcement vessels shall have a routine schedule for maintenance. <br />12.5.6 As a condition of receiving the grant funds, Subrecipient shall actively maintain the vessel <br />for the full design life of the equipment provided from this grant. <br />12.5.7 Subrecipient shall be responsible for all operation, maintenance, and repair of all vessels <br />and equipment provided from this grant. <br />12.6 Equipment Replacement. <br />When original or replacement equipment acquired under this award is no longer needed or <br />the Subrecipient is no longer able to support the RBS mission and the disposition occurs <br />during the grant period, disposition of the equipment shall be made as follows: <br />• The equipment may be transferred at no cost to another law enforcement agency <br />with a State Parks approved marine law enforcement program (e.g., city or county <br />law enforcement agency) if such equipment will remain in use and be dedicated to <br />the MLE program. The conditions for such transfer shall be stipulated by the MLE <br />and shall include the same requirements as those imposed in the original grant.