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Strto ofWrshington Deparunent of Ecolojy AgmermntNo: $WMCITC?4123-KiCoSW.{XX|45 Pmjcct Titlc: KiCoSW{O{S Lincrand Illcgal Dump Clcanup and hevcntion Pr,ojcct RecipientName: KTTITASCOUNTYSOLTDWASTE F4e 20 of2:l 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the Sate of Washington, for a period ofat least three (3) years after the final grant payment or loan repaymen! or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audis or inspections identiff discrepancies in the records. ECOLOGY reserves the right to audit, or have a desienated third party audit, applicablc rccords to cnswe that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for temrination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall providc right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performancg compliance, and any other conditions under this Agreement. 23. RECOVERYOF FT.JNDS The right of the RECIPIENT to retain monies received as reimbursement palanents is contingent upon satisfactory performance of thisAgreement and completion of the work described in the Scope ofWork. All paynents to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to thisAgreement shall be refunded to ECOLOGYby the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any eroneous payment or overpa',ment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repa1ments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve perdent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under thisAgreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agrcomcnt or any provision of any document incorporatcd by rcfcrcnce shall bc held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVTRONMENTAL POLTCYACT (SEPA) RECIPIENT must demonsfrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental PolicyAct(Chapter43.2lCRCWandChapterl9T-llWAC)havebeenorwillbemet. Anyreimbursementsarcsubjectto this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, zuspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume pcrformancc on the next business day following the suspension period unless another day is specilied by ECOLOGY. Ternptete Vcrsion lA nnO2A