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____________________________________________________________________ <br /> <br />VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY - Page 8 of 15 <br />documents, and other material relevant to this agreement will be retained for six years after <br />expiration and the Office of the State Auditor, federal auditors, and any persons duly <br />authorized by the parties shall have full access and the right to examine any of these <br />materials during this period. <br />ACCESSIBILITY REQUIREMENTS <br />DISTRICT will remain current with Federal and Washington State accessibility standards and <br />comply with OCIO Policy 188 – Accessibility located at <br />https://ocio.wa.gov/policy/accessibility. <br />SEVERABILITY <br />If any provision of this agreement or any provision of any document incorporated by <br />reference shall be held invalid, such invalidity shall not affect the other provisions of this <br />agreement, which can be given effect without the invalid provision if such remainder <br />conforms to the requirements of applicable law and the fundamental purpose of this <br />agreement, and to this end the provisions of this agreement are declared to be severable. <br />WAIVER <br />A failure by either party to exercise its rights under this agreement shall not preclude that <br />party from subsequent exercise of such rights and shall not constitute a waiver of any other <br />rights under this agreement unless stated to be such in a writing signed by an authorized <br />representative of the party and attached to the original agreement. <br />BREACH <br />The DISTRICT shall not be relieved of any liability to the COUNTY for damages sustained by <br />the COUNTY and/or the State of Washington because of any breach of contract by the <br />DISTRICT. The COUNTY may withhold payments for the purpose of setoff until such time as <br />the exact amount of damages due the COUNTY from the DISTRICT is determined. <br />TERMINATION <br />The DISTRICT may terminate this agreement upon 30-days' prior written notification to the <br />COUNTY. If this agreement is terminated by the DISTRICT, the DISTRICT shall be <br />reimbursed only for performance rendered or costs incurred in accordance with the terms of <br />this agreement prior to the effective date of termination. <br />The COUNTY may terminate this agreement upon 30-days’ prior written notification to the <br />DISTRICT for cause, or for any reason or combination of reasons listed below, each of which <br />constitute a breach of this contract in accordance with Section 7.0 BREACH: <br /> Failure to complete the requirements of Attachment A - SCOPE OF WORK in a <br />reasonable time frame, or for the reasons listed in FUNDING AVAILABILITY above. <br /> The failure to provide timely quarterly status reports. <br /> The failure to abide by the conditions related to the administration of a cost-share <br />program. <br /> The failure to provide an estimate of the final anticipated costs associated with the <br />completion of this agreement through June 30, 2021 to the COUNTY’s VSP <br />agreement manager. <br /> The failure of the DISTRICT to fully comply with the BILLING PROCEDURE. <br />The DISTRICT or the COUNTY may terminate this agreement upon 60-days’ prior written <br />notification for convenience, without any showing of cause.