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Docu$,ign Envelope lD: 46F056EF-7F9D-4D94-ACDA_B201 3O79BD9C <br />State of Wsshington Departlnenr of Ecology <br />Agreernent No: SWMLSWFA-2023-I(iCPHD-00145 <br />Project Title; SWE Kittitas pHD <br />Recipient Name: KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT <br />Pagc 20 of 22 <br />22. RECORDS, AUDITS, AND INSPECTIONS <br />RECIPIENT shall rnaintain complote pl'ogranr and financial records relating to this Agreement, including any engineeringdocurnentation and field inspection <br />'epolts <br />of all co'str.uction work accomplished. <br />AII records shall; <br />a) Be kept in a manner which provides an audit trail for ail expenditures, <br />b) Be kept in a commou file to facilitate audits ancl inspections. <br />c) clearly indicate total receipts and expenditur.es related to this Agreem enr. <br />d) Be operr fol audit or inspection by ECoLoGY, or by any duiy authorized audit representative of the State of washington,for a period ofat least three (3) years after the final grant paynlent or loan repayment, or any dispute resolution hereunder.RECIPIENTshall provide clarification ald rnake necessary adjustrnents if any audits or inspections identify discrepancies in therecords. <br />ECOLOGY reserves thc riglrt to audit' or have a designated thircl palty audit, applicable reoor.ds to ensure that the state hasbeen properly invoiced' Any rernedies and penalties allowed by law to fecover monies determined owed will be enforced,Repetitive instances of incotrect invoicirg or inadequate records rnay be considered cause for temlination.All work performed under this Agreemer-t and any property and equiprnent purchased shall be mads available to ECoLoGyand to any authorized state, fedelal or local representative fol inspcction at any time dur.ing the course of this Agreement and forat least tluee (3) years following grant or loan terminatiol or dispute resolution hereunder. <br />RECIPIENT shall provide right of acces:' to ECoLoGY, or any other authorized representative, at all reasonable times, inordel to monitor and evalitate pet'fol'mance, cornpliance, and any other. conditions under this Agreement, <br />23. RECOVERYOFFUNDS <br />The right of the RECIPIENT to retain monies received as reimbulsenrent payments is contingent upon satisfactory performanceof this Agreement and conrpletion of tlie work described in the Scope oIwork.All payntents to the RECIPIENT ate sub-ect to approval and auclit by ECoLoGy, and any unauthorized expenditure(s) orunallowable cost charged to this Ag|eement shall be refunded to ECoLoGy by the RECIpIENT.RECIPIENT shall refi'rnd to ECoLoGY -he fulI arnount of any e''oneous payment or ovcrpayment under tlris Agreement.RECIPIENT shall refund by check payatle to ECoLoGY the amount of any such reduction of payments or repayments withinthirry (30) days of a wriften notice' Interest will acc*re at the rate of twelve pelrcent (12%) peryea. ftonr the time ECoLoGydemands repayment of funds. <br />Any properfy acquiled under this Agreenient, at the option of ECoLoGy, may becorne ECOLOGy,s property and theRECIPIENT's liability to repay morties will be'educed by an amount reflecting the fair value of such property, <br />24. SEVERABILITY <br />If any plovision ofthis Agreetnent or any provision of any docurnent incorporated by reference shall be held invalid , suchinvalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and tothis end the provisions ofthis Agreenrent are declared to be severabre.25, STATE ENVIRONMENTAL PC)LICYACT (SEPA) <br />RECIPIENT must deuronstrate to ECoLocY's satisfaction that compliance with the requirements of the State EnvirorunentalPolicy Act (chapter 43'2lc RCW arrd chapter 197- I I wAC) have bcen or will be met, Any reimbursements are subject tothis provision. <br />26, SUSPENSION <br />when in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or anyportion thereof for a temporary period by written notice frorn ECoLoGy to thc RECIpIENT. RECIPIENT shall resumeperformance on the uext business day following the suspension period unless another.day is specified by ECoLoGy.Template Yersion I 2I I OI2020