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association , educational institution or society with respect to the employment of individuals of a
<br />particular religion to perform wo rk connected with the carrying on by such corporation, association,
<br />educational institution or society of its activities.
<br />b. The COUNTY shall take action to ensure. that employees are emp loyed and treated du ring
<br />employment without discri mi nation because of their race , color , sex, sexual orien tation , relig ion,
<br />nati onal origin , creed, marital status , age , Vietnam era or di sab led vetera ns status, or the presence
<br />of any sensory, mental , or physical handicap . Such action sha ll incl ude, but not be limited to, the
<br />following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
<br />training, including apprenticeships and volunteers.
<br />22) RECAP TUR E PROVISION : In the event the COUNTY fails to expend funds under this Contract in
<br />accordance with applicable federal, state, and local laws and/or the provisions of the contract, the
<br />DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
<br />noncompliance. Such right of recapture shall exist for the life of the project following Contract
<br />termination . Repayment by the COUNTY of funds under this recapture provision shall occur within
<br />thirty (30) days of demand.
<br />In the .. event the DEPARTMENT is requ ired to institute legal proceedi ngs to enforce the recapture
<br />pro v ision, the DE PARTM ENT shall be e nfitled to its costs thereof, in cludin g attorney fees from the
<br />Contracto r.
<br />23) RECO RDS, MO NITORING AND A UDIT ACCESS :
<br />a. The COUNTY shall perform under the terms of the Contract and the DEPARTMENT may conduct
<br />reasonable and necessary monitoring of the COUNTY's performance.
<br />b. To permit such monitoring , the COUNTY shall maintain books, records, documents, and other
<br />evidence and accounting procedures and practices that sufficiently and properly reflect all direct
<br />and indirect costs of any nature expended in the performance of this Contract. These records shall
<br />be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the
<br />DEPARTMENT, the Office of the State Auditor, and federal officials so authorized by law, rule,
<br />regulation , or agreement.
<br />c. The COUNTY will retain all books, records, documents, and other materials relevant to this
<br />Contract for six (6) years from the date final payment is made hereunder, and make them available
<br />for inspection by persons authorized under this provision.
<br />d . The DEPARTMENT or the State Auditor or any of their representatives and federal officials so
<br />authorized by law, rule, regulation, or agreement shall have full access to and the right to examine
<br />during normal business hours and as often as the DEPARTMENT or the State Auditor may deem
<br />necessary, all of the COUNTY's records with respect to all matters covered in this Contract. Such
<br />r ights last for six (6) years from the date final payment is made hereunder.
<br />e. The COUNTY shall cooperate with and freely participate in any monitoring, audit or evaluation
<br />activities conducted by the DEPARTMENT that are pertinent to the intent of this Contract.
<br />24) SEVERABILITY: If any provision of this Contract or any provision of any document incorporated by
<br />reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract which
<br />can be given effect without the invalid provision, and to this end the provisions of this Contract are
<br />declared to be severable.
<br />25) SU B-CONTRACTING : The COUNTY shall comply with all applicable procurement laws, rules and
<br />requirements . This wi ll incl ude the use of a competi ti v.e procurement process in the award of any
<br />contracts with sub-contractors t hat are e ntered into under this Con tr act. A ll sub-contracting
<br />ag reements entered into pursuant to this contract sha ll incorporate this contract by reference .
<br />26) TERMINATION:
<br />a. If, t hro ugh any causs, the COU NTY or its sub-cont ractors sha ll fail to fulfill in a timely and proper
<br />manner its obligations un de r this Contra ct or if the COU NTY or its sub-cont racto rs sha ll v iolate any
<br />of its coven an ts, agreements, or stip ulati ons of t his Contra ct , the DEPARTM ENT shall there upon
<br />E911 County OPS Contract Page 10 of 18 Kittitas County, E17-021
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