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In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture <br />provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees from the <br />Contractor. <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 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 />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 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) 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-contractors 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 />26) TERMINATION: <br />a. If, through any cause, the COUNTY or its sub-contractors shall fail to fulfill in a timely and proper <br />manner its obligations under this Contract or if the COUNTY or its sub-contractors shall violate any <br />of its covenants, agreements, or stipulations of this Contract, the DEPARTMENT shall there upon <br />have the right to terminate this Contract and withhold the remaining allocation if such default or <br />violation is not corrected within thirty (30), days after submitting written notice to the COUNTY <br />describing such default or violation. <br />b. Notwithstanding any provisions of this Contract, either party may terminate this Contract without <br />cause by providing written notice of such termination, specifying the effective date thereof, at least <br />thirty (30) days prior to such date. If this Contract is so terminated, the DEPARTMENT shall be <br />liable only for payment required under the terms of this Contract for services rendered or goods <br />delivered prior to the effective date of termination. Upon notice of such termination, the <br />DEPARTMENT reserves the right to suspend all or part of the Contract, withhold further payments, <br />and prohibit the COUNTY from incurring additional obligations of funds. <br />c. Reimbursement for eligible expenses incurred by the COUNTY prior to the effective date of such <br />termination shall be as the DEPARTMENT reasonably determines." <br />d. The DEPARTMENT may unilaterally terminate or suspend all or part of this Contract without cause, <br />or may reduce its scope of work and budget, if there is a reduction in funds by the source of those <br />funds, and if such funds are the basis for this Contract. <br />27) TRAVEL AND SUBSISTEN'CE REIMBURSEMENT: If reimbursement of travel or subsistence <br />expenses are included as part of this Contract, they shall be paid in accordance with rates set pursuant <br />to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The COUNTY is required to <br />provide to the DEPARTMENT copies of receipts for any travel related expenses other than meals and <br />mileage that are authorized under this Contract. <br />E911 County BSO Contract Page 10 of 18 Kittitas County, E18-024