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State of Washington Department of Ecology Page 36 of 39
<br /> Agreement No: WQC-2019-EverPW-00051
<br /> Project Title: Reduction of CSOs at Two Snohomish River Outfalls
<br /> Recipient Name: City of Everett Public Works Department
<br /> under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
<br /> and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to
<br /> 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 information;
<br /> present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
<br /> 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 Grants
<br /> and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
<br /> furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific
<br /> instructions with respect thereto in this Agreement.
<br /> e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
<br /> for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
<br /> is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
<br /> 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 for the
<br /> 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 this
<br /> Agreement.
<br /> 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
<br /> funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and
<br /> attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by
<br /> this Agreement.
<br /> g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
<br /> property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
<br /> approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
<br /> that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this
<br /> Agreement bear to the total acquisition,purchase,or construction costs of such property.
<br /> 21. RECORDS,AUDITS,AND INSPECTIONS
<br /> RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering
<br /> 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 Washington,
<br /> for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder.
<br /> RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
<br /> records.
<br /> ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has
<br /> been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
<br /> Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
<br /> Version 10/30/2015
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