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oticusign dnvelope lD: 934Cc55C -54E1 -45O2-8812-D6179D201 CDB Stati of Washington Department of Ecology Agreement No: WRYBIP-2325-KiCPWD-000?2 Project Title: Springwood Ranch Stewardship and Planning Recipient Name: Kittitas County Public Works Department Page2l of23 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement' documentation and field inspection reports of all construction work accomplished' All records shall: a)Bekeptinamannerwhichprovidesanaudittrailforallexpenditures. b)Bekeptinacommonfiletofacilitateauditsandinspections. 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 State of washington' for a period of at least three (3) years after the final grant payrnent or loan repayment, or any dispute resolution hereunder' RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identiff discrepancies in the records. ECOLOGy reserves the right to audit, or have a designated third party audit, applicable records to ensure 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 termination' All work performed under this Agreement and any properfy and equipment purchased shall be made available to ECoL'GY and to any atthorized 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 provide right of access to ECOLOGY, of any other authorized representative, al all reasonable times' in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement' 23. RECOVERYOF FLINDS The right of the RECIpIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of work' ^in"*r"rs to the RECIPIENT are subject to approval and audit by ECOLOGy, and any unauthorized expenditure(s) or unallowable cost charged to this Agleement shall be refunded to ECOLOGY by the RECIPIENT' RECI'IENT shall refund to ECoLoGy the full amount of any enoneous payment or ovetpayment under this Agreement' RECIPIENT shall refund by check payableto ECOLOGy the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (r2%) per year from the time ECoLoGY demands repayment of funds. Any property acquired under this Agreement, 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 Agreement or any provision of any document incorporated by reference shall be held invalid ' such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision' and to thisendtheprovisionsofthisAgreementaredeclaredtobeseverable. 25. STATE ENVIRONMENTAL POLICYACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the state Environmental policyAct (chapter 43.2]CRCW and chapter rg7-11WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION when in the best interest of ECoLoGy, ECoLoGy may at any time, and without cause, suspend this Agreement or any portion thereof for atemporaryperiod by written notice from ECoLoGy to the RECIPIENT. RECIPIENT shall resume perforrnance on the next business day following the suspension period unless another day is specified by ECoLoGY' Template Yersion 12 I 1 0 /2020 including any engineenng