Laserfiche WebLink
Page 19 of 21State of Washington Department of Ecology <br />Agreement No: <br />Project Title: <br />Recipient Name: <br />OTGP-2021-KiCoSW-00050 <br />Feasibility Study into Secondary Recycling Markets <br />KITTITAS COUNTY - SOLID WASTE <br />d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , <br />for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. <br />RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the <br />records. <br />ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has <br />been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. <br />Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. <br />All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY <br />and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for <br />at least three (3) years following grant or loan termination or dispute resolution hereunder. <br />RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in <br />order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . <br />23.RECOVERY OF FUNDS <br />The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance <br />of this Agreement and completion of the work described in the Scope of Work . <br />All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or <br />unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . <br />RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . <br />RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within <br />thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY <br />demands repayment of funds. <br />Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the <br />RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. <br />24.SEVERABILITY <br />If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such <br />invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to <br />this end the provisions of this Agreement are declared to be severable . <br />25.STATE ENVIRONMENTAL POLICY ACT (SEPA) <br />RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental <br />Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to <br />this provision. <br />26.SUSPENSION <br />When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any <br />portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume <br />performance on the next business day following the suspension period unless another day is specified by ECOLOGY. <br />27.SUSTAINABLE PRACTICES <br />In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement <br />sustainable practices and to purchase environmentally preferable products under this Agreement . <br />a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact <br />meetings, and setting up recycling and composting programs. <br />b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and <br />Template Version 12/10/2020