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RECORDS MAINTENANCE <br />The parties to this agreement shall each maintain books,records,documents and other evidence <br />that sufficiently and properly reflect all direct and indirect costs expended by either pany in the <br />performance of the sentices described herein.These records are subject to inspection,review,or <br />audit by personnel of both parties,other personnel duly authorized by either party,the Office of the <br />State Auditor,and federal officials so authorized by law.All books,records,documents,and other <br />material relevant to this agreement must be retained for six years after expiration,and the Office of <br />the State Auditor,federal auditors,and any persons duly authorized by the parties must have full <br />access and the right to examine any of these materials during this period. <br />Records and other documents,in any medium,fumished by one party to this agreement to the <br />other party,will remain the property of the furnishing party,unless otherwise agreed.Each party <br />shall utilize reasonable security procedures and protections to assure that records and documents <br />provided by the other party are not erroneously disclosed to third parties. <br />INDEPENDENT CAPACITY <br />The employees or agents of each party who are engaged in the performance of this agreement will <br />continue to be employees or agents of that party and will not be considered for any purpose to be <br />employees or agents of the other party. <br />AGREEMENT ALTERATIONS AND AMENDMENTS <br />This agreement may be amended by mutual agreement of the parties.Such amendments are not <br />binding unless they are in writing. <br />INDEMNIFICATION <br />Each party is responsible for the actions and inactions of itself and its own officers,employees, <br />and agents acting within the scope of their authority. <br />TERMINATIONFOR CAUSE <br />If STATE PARKS determines that AGENCY is not in compliance with the minimum requirements of <br />this agreement,the State Parks Marine Law Enforcement Coordinator will notify AGENCY in <br />writing of the deficiency.AGENCY will have forty-five days following receipt of the notice of <br />deficiency to submit a plan satisfactory to STATE PARKS to remedy the deficiency.If,after forty- <br />five days,AGENCY has not submitted a plan to STATE PARKS for remedying the deficiency or is <br />unable to demonstrate its ability to meet minimum requirements,STATE PARKS will have the <br />option to terminate this agreement.If AGENCY disagrees with STATE PARKS'decision to cancel <br />this agreement,AGENCY may seek a hearing per chapter 34.05 RCW,the Administrative <br />Procedure Act to contest this decision. <br />Updated 10/28/2020 Page 2 of 24