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<br /> .Agreement No: W2RCPG-1517-EverPW-00022 Page 16 of 19
<br /> Project Title: 2015-17 CPG City of Everett WR&R
<br /> Recipient Name: City of Everett Public Works Department
<br /> through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after
<br /> the end of the quarter being reported.
<br /> e) RECIPIENT shall submit the Closeout Report within thirty(30)days of the expiration date of the project,unless an
<br /> extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format.
<br /> 20. PROPERTY RIGHTS
<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 free,
<br /> nonexclusive,and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to
<br /> 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 /> information;present papers, lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,
<br /> maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
<br /> c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic
<br /> materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
<br /> acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
<br /> d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
<br /> Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
<br /> with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,
<br /> 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 shall
<br /> be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
<br /> f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
<br /> for the acquisition of land or facilities:
<br /> a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
<br /> this Agreement.
<br /> b. RECIPIENT shall provide satisfactory evidence of title or ability 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 attorney's opinions establishing that the land is free from any impediment,lien,or claim
<br /> 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 conditioned
<br /> upon payment to ECOLOGY of that portion of the proceeds of the sale, lease,or other conversion or encumbrance
<br /> which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such
<br /> property.
<br /> 21. RECORDS,AUDITS,AND INSPECTIONS
<br /> RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any
<br /> engineering documentation and field inspection reports of all construction work accomplished.
<br /> All records shall:
<br /> a) Be kept in a manner which provides an audit trail for all expenditures.
<br /> b) Be kept in a common file to facilitate audits and inspections.
<br /> c) Clearly indicate total receipts and expenditures related to this Agreement.
<br /> d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of
<br /> Washington,for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute
<br /> resolution hereunder.
<br /> W2RCPG-1517-EverPW-00022
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