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E911 COUNTY BSO Contract Page 9 of 17 Kittitas COUNTY, E19-025
<br />17) LIMITATION OF AUTHORITY: Only the assigned Authorized Signature for the DEPARTMENT or an
<br />assigned delegate by writing (delegation to be made prior to action) shall have the express, implied, or
<br />apparent authority to alter, amend, modify, or waive any clause or condition of this contract.
<br />Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this
<br />contract is not effective or binding unless made in writing and signed by the authorized person.
<br />18) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn, reduced, or
<br />limited in any way after the effective date of the Contract, the DEPARTMENT may suspend , terminate
<br />or renegotiate the Contract without cause under the "Termination" clause and without the thirty (30) day
<br />notice requirement.
<br />19) NONASSIGNABILITY: Neither this Contract, nor any claim arising under this Contract, nor the work to
<br />be provided under this Contract, and any claim arising thereunder, shall be assigned or delegated by
<br />either party in whole or in part, without the express prior written consent of the other party, which
<br />consent shall not be unreasonably withheld.
<br />20) NONDISCRIMINATION: During the performance of this contract, the COUNTY shall comply with all
<br />federal and state nondiscrimination statutes and regulations. These requirements include, but are not
<br />limited to:
<br />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 origin,
<br />creed, marital status, age, Vietnam era or disabled veteran’s status, or the presence of any
<br />sensory, mental, or physical handicap. This requirement does not apply, however, to a religious
<br />corporation, association, educational institution or society with respect to the employment of
<br />individuals of a particular religion to perform work connected with the carrying on by such
<br />corporation, association, 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 their race, color, sex, sexual orientation, religion,
<br />national origin, creed, marital status, age, Vietnam era or disabled veteran’s status, or the presence
<br />of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
<br />following: Employment, upgrading, demotion, or transfer, recruit ment or recruitment selection for
<br />training, including apprenticeships and volunteers.
<br />21) 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 />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 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 />22) 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.
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