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State of Washington Department of Ecology
<br />Agreement No: WQSWCAP-1719-Tukwil-00050
<br />Project Title: 2017-2019 Biennial Stormwater Capacity Grants
<br />Recipient Name: City of Tukwila
<br />17. ORDER OF PRECEDENCE
<br />In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
<br />by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
<br />Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
<br />reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
<br />General Terms and Conditions.
<br />18. PRESENTATION AND PROMOTIONAL MATERIALS
<br />ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
<br />fulfillment of this Agreement:
<br />a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
<br />prior to production and distribution.
<br />b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
<br />c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
<br />products developed.
<br />Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
<br />videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
<br />magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
<br />provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
<br />represents the item.
<br />Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
<br />graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
<br />logo contact ECOLOGY for guidelines.
<br />RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
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<br />19. PROGRESS REPORTING
<br />a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
<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 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 />Version 10/30/2015
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