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a. Nondiscrimination in Employment: The COUNTY shall not discriminate against any employee or
<br />applicant for employment because of race, color, sex, sexual orientation , religion. national orig in,
<br />creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
<br />mental , or physical handicap. This requirement does not apply, however, to a religious corporation,
<br />association, educational Institution or society with respect to the employment of individuals of a
<br />particular religion to perform work connected with the carrying Oli by such c::orporation } association ,
<br />educational institution or society of its activities.
<br />b. The COUNTY shall take action to ensure that employees are employed and treated during
<br />employment without discrimination because of t heir race, color, sex, sexual orientation, religion,
<br />national origin, creed, marital status, age, Vietnam era or disabled veterans status , or the presence
<br />of any sensory, mental, or physical handicap. Such action shall include , but not be limited to , the
<br />followihg : Employment, upgrading, demotion, or transfer, recruitment or rec::ruitment selection for
<br />training inclt:Jdlng apprenticeships and volunteers.
<br />22) RECAPTURE 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 />non.compliance. 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 required to institute legal proceedings to enforce the recapture
<br />provision, the DEPARTMENT shall be entit led to its costs thereof, inclUding attorney fees.
<br />23) RECORDS, MONITORING' AND AUDIT 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, eflect all direct
<br />and indirect costs of any nature expended in th~ performance of this Contract. These records shall
<br />be subject at all reasonable times to inspection, review, o(audit by personnel duly authorized by the
<br />DEPARTMENT, the Offie.e of the State Auditor, and federal offioials 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) Y,ears from the date final payment is made l1 'ereunder, 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 no rmal 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 />rights 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 heldinv~lid, such invalidity shall not affect the other provisions of this Contract which
<br />can be given effeqt without the invalid provision, and to this end the provisions of this Contract are
<br />declared to be severable.
<br />25) SUB-CONTRACTING: The COUNTY shall comply with all applicable procurement laws, rules and
<br />requirements. This will include the use of a competitive procurement process in the award of any
<br />contracts with sub-contra~ors that are entered Into under this Contract. All sub-contracting
<br />agreements entered into pursuant to this contract shall incorporate this contract by reference.
<br />E911 County EQUIPMENT Contract Page 10 of16 Kittitas County, E16-216
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