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Sial,' of \\"I$l1l11gILHI D~p.lrtlll~1l1 ot E"olog~ A~rwn<lu i'll' SI'I'RE<.I·~!)17·KICof;\I·I)GIJ6J Pfllj~':1 Till.: R~gillllal 011 ~pill and h,IL ·mat 1I11:id~nl r~sl"ms,· JIlU 160ur.:< a':\flll:illiun R.:cipl~m Nnrll~ !\.IIIUlIS COllll!) Shalll c) Pr~s~ntation and Promotional Materials. ECOLOGY shall have the right to us~ or reproduce any printed or graphic mat~rials produced in fultillmcnt of this Agreement. in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIP[ENT as the sole copyright owner in every use or r~prodllction ofthc materials. d) Tangibl~ Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purch<lsed wholly or in part with funds furnished by ECOLOGY in the absence ofstate and federal statutes, regulations. or policies to the contrary, or upon specific instructions with respect thereto in this t\gre~ment. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIP[ENT for use in performance of the project, it shall be returned to ECOLOGY prior to lina[ payment by ECOLOGY. If said property is lost, stol~n, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoft'by the RECIPIENT for the fair market value of such property. t) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of lund or facilities: I. RECIP[ENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates. or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the lIses intended by this Agr~ement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or lacility acquired or developed under this Agreement to uses other than those lor which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTlONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all exp~nditures. b) Be kept in a COlllillon tile to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspectiml by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the tinal grant payment or loan repayment, or any dispute resollition hereunder. RECIPIENT shall provide claritication and make necessary adjustments ifany audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work pertormed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative lor inspection at any time during the course of this Agreement and for at blst three (3) y~ars following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times. in order to monitor and evaluate perlormance, compliance. and any other conditions l1nd~r this Agreem.:nt. Version 10130111115