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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 />Page 16 of 19 <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 />0 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 />21. RECORDS, AUDITS, AND INSPECTIONS <br />RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any <br />engineering 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 <br />Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute <br />resolution hereunder. <br />RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify <br />discrepancies in the records. <br />ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state <br />has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be <br />enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. <br />All work performed under this Agreement and any property and equipment purchased shall be made available to <br />ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of <br />this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. <br />RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, <br />in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. <br />Version 10/30/2015 <br />17 <br />