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Tree Power Program Grant Agreement 2 <br /> <br />3. Use of Grant Funds <br /> <br />a. Grantee agrees to use the PUD Grant exclusively for the development and support of the Project <br />and in accordance with the terms and conditions of this Agreement. A minimum of 80% of funds must be <br />used for direct tree planting expenses. Direct tree planting expenses include trees and items that ensure <br />the health and sustainability of the newly planted trees such as mulch, stakes, tree ties, water bags, and <br />soil amendments. Items that are not permitted reimbursable Grant expenses include but are not limited <br />to digging/cutting tools, watering devices or water, personal protective equipment, wheelbarrows, <br />dollies, food/drink for workers, etc. The PUD has sole discretion to determine what is or is not a <br />reimbursable Grant expense. <br /> <br />b. No portion of this Grant may be expended to influence legislation or to support participation in <br />any political campaign. <br /> <br />4. Recapture of Grant Funds <br /> <br />a. In the event that the Grantee fails to perform this Grant in accordance with state laws, federal <br />laws, and/or the provisions of this Agreement, PUD reserves the right to recapture funds in an amount to <br />compensate PUD for the noncompliance in addition to any other remedies available at law or in equity. <br /> <br />b. Repayment by the Grantee of funds under this recapture provision shall occur within the time <br />period specified by PUD. In the alternative, PUD may recapture such funds from payments due under this <br />Grant. <br /> <br />5. Records, Inspection & Facility Access <br /> <br />a. Upon reasonable notice from the PUD, Grantee will allow the PUD to access and inspect the <br />Project at reasonable times during the term of this Agreement. <br /> <br />b. Grantee shall maintain and retain records related to its use of the Grant funds for the term of this <br />Agreement. Upon request, the PUD has the right to inspect and audit the books and records of the Grantee <br />related to the Project and the use of PUD Grant funds. <br /> <br />6. Planting and Maintenance <br /> <br />The Grantee agrees to plant and maintain trees for the Project in accordance with appropriate horticulture <br />and silviculture standards and as approved by the PUD Arborist. Unless otherwise agreed by the Parties, <br />any trees that are purchased and planted pursuant to this Agreement and Grant but that die within three <br />(3) years of the date of this Agreement shall be replaced by Grantee within one (1) year with trees <br />approved by the PUD Arborist at the sole expense of Grantee. <br /> <br />7. Promotion <br /> <br />Grantee grants permission to the PUD to: collect and display information about any aspect of the Project, <br />including but not limited to site mapping, photographs and data documenting the Project; identify <br />Grantee in educational and communications materials, including, but not limited to web sites, <br />presentations, publications, press releases and promotional materials. Grantee will allow signage to be <br />displayed on the Grantee’s property at a location that is within walking distance of the Project and has