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Page 18 of 21State of Washington Department of Ecology
<br />Agreement No:
<br />Project Title:
<br />Recipient Name:
<br />WQSWCAP-2527-EverPW-00216
<br />2025-2027 Biennial Stormwater Capacity Grant
<br />City of Everett
<br />reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
<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) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
<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 must submit within thirty (30) days of the expiration date of the project, unless an extension has been
<br />approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding
<br />program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format .
<br />21. 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
<br />free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property,
<br />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 />information; 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 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 />1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
<br />this Agreement.
<br />2. 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 />22. RECORDS, AUDITS, AND INSPECTIONS
<br />Template Version 12/10/2020
<br />Docusign Envelope ID: 1C2BBF95-3789-4F02-8D35-22CE8495E4D0
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