2009/01/07 Council Agenda Packet

9. Recapture Provisions. In the event that the County does not expend funds under this Agreement in accordance with the provisions of this Agreement, the City reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six years after the relevant one-year term of this Agreement. 10. Treatment of Assets. Purchase of equipment with a useful life of more than one year and an acquisition cost of $5,000 or more per unit is not allowed. 11. Maintenance of Records. The County shall follow accounting procedures and shall maintain books, records, documents and other evidence which sufficiently and properly reflect all direct, indirect and match costs of any nature expended in the performance of this Agreement. The County will retain all books, records, documents and other materials relevant to the provision of services under this Agreement for six years after this Agreement expires. A representative of the United States Department of Justice, the Office of the Washington State Auditor, and/or the City, or any person(s) duly authorized by any of them shall have full access to and the right to inspect, excerpt, audit or examine any of these materials at all reasonable times for a period of six years. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 12. Ownership of Proiect Materials. With the exception of data, all finished or unfinished documents, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks and reports prepared by the county that result from Award activities shall be for the common use of both the County and the City. Only non-personally identifying aggregate data shall be provided for the common use of the City. The City may duplicate, use and disclose in any manner and for any purpose whatsoever, all such materials. Materials produced with grant funds must be distributed at no cost to recipients. The County acknowledges that pursuant to 28 CFR §66.34, the Office on Violence Against Women, U.S. Department of Justice, reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in part (including in the creation of derivative works), for federal government purposes: (a) any work that is subject to copyright and was developed under the Award by the City of Everett or its subcontractors; and (b) any work that is subject to copyright for which ownership was purchased by a recipient, sub-recipient or a contractor with support under the Award. In addition, the County must obtain advance written approval from the Office on Violence Against Women program manager assigned to the Award, and must comply with all conditions specified by the program manager in connection with that approval, before: (a) using Award funds to purchase ownership of, or a license to use, a copyrighted work; or (b) incorporating any copyrighted work, or portion thereof, into a new work developed under the Award. INTERLOCAL AGREEMENT REGARDING 2008 STOP GRANT Page 4 1 0.