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Docusign Envelope lD: 7267 F CFE-26F94724-BSZ7-D46035D896FF <br />Strte of \VashiDgton Depilnnrent olEcology <br />;\gtcement No: S\\TMLSWFA-2013-KiCoS\\I-()019j <br />Praiect Titler P&l Kiuiras Co SW <br />Rccipient Nanre: KITTITAS COUN'TY SOLID WASTE <br />l)agc 23 of 2-5 <br />22. RECORDS, AUDITS, AND INSPECTIONS <br />RECIPIENT shall maintain complete program and financial recorcls relating to this Agreelnent, includipg arny eugineering <br />documentatiotr and field inspection repofts of all constnlctiou work accontplislied. <br />Alllecords shall: <br />a) Be kept in a rnanner which provides an audit trail fbr all expenditures. <br />b) Be kept in a conlnon file to f'acilitate audits and inspections. <br />c) clearly indicate total receipts and expendihlres related to this Agreemenr. <br />d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washingtop, <br />for a period of at least three (3) yeam after the final grant paymeut or loan repayment, or any dispute resol.rtion hereupcler. <br />RECIPIENT shall provide clarificatiott and make necessary adjusturents if any auctits or inspections ideltify discrepancies ip the <br />records. <br />ECOLOGY reserves the right to audit, or have a designate<l third party auclit, applicable records to elsure that the state has <br />beerr properly invoiced' Any remedies and per-ralties allowed by larv to recover monies cleterminetl owed will be entbrced. <br />Repetitive instances of incon'ect invoicing or inadequate records may be considered cause fbr ternrinatiop. <br />All work perfomred under this Agreement and any property and equiprnent purchased shall be rlrade available to ECOLOGy <br />and to any authorized state, federal or local representative tbr inspection at any tilne during the course of this Agreernent ancl tb1 <br />at least three (3) years following grant or loan termination or dispute resolution hereuncler. <br />RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable tirnes, i1r <br />order to tnonitor aud evaluate perfonnance, compliance, and any other conditions under this Agreernent. <br />23, RECOVERY OF FLINDS <br />The right of the RECIPIENT to retain tuonies receivecl as reimbursenlent paylneuts is contingent uporl satisthctory perfomrance <br />of this Agreenrent and conpletion of the work described in the scope of work . <br />All payments to the RECIPIENT are subject to approval and audit by ECOLOCY, apd any unauthorized expenditure(s) or. <br />unallowable cost cltarged to this Agreement shall be leftuded to ECOLOCY by the RECIpIENT. <br />RECIPIENT shall refund to ECOLOGY the full arr, ount of any enoneous payrneut or overyayrnent nnder this Agreernerrt. <br />RECIPIENT shall refund by check payable to ECOLOGY the arnount of any such reduction of payments or repaylneuts ivithin <br />tltirty (30) days of a written notice. Interest will accme at the rate of twelve percent (12%) per year from the tirne ECOLOGY <br />demands repaynent of funds. <br />Any property acquired under this Agreement, at the option of ECOLOGY, rnay becorne ECOLOGy's propedy and the <br />RECIPIENT's liability to repay uronies r,vill be reduced by an aurount reflecting the fair value of such property. <br />24, SEVERABILITY <br />If any provision of tlris Agreement or any provision of any docurnent incorporated by reference shall $e held invalid. such <br />invalidify shall not aflect the other provisions of this Agreenrent which can be given effect rvithout the invalicl provision, and to <br />this end the provisions of this Agreement are declared to be severable. <br />2s. sTlftE ENVIRONMENTAL pOLrCy ACT (SEPA) <br />RECIPIENT mnst demonstrate to ECOLOGY's satisfaction that compliance with the requirernenrs of rhe State Envirolmenral <br />Policy Act (Chapter 43.21C RCW and Chapter 197- I I WAC) have been or u,ill be rnet. Any reimbursernents are subject ro <br />this provision. <br />26. SUSPENSION <br />When in the best interest of ECOLOGY, ECOLOGY may at any time, and u'ithout cause, suspend this Agreelrent or aly <br />portion thereof for a temporary period by written notice fTom ECOLOGY ro the RECIPIENT. RECIPIENT shall resume <br />perfornrance on the next business day following the suspension period unless another day is specifiecl by ECOLOGy. <br />'l'enrplate Versiou I 2/l 0/202()