2026-03-30-minutes-public-works-study-session

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GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2022 Department of Commerce Page 4 The COMMERCE and Local Government shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. THIS SECTION INTENTIONALLY DELETED The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. THIS SECTION INTENTIONALLY DELETED 12. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 13. TERMINATION FOR CAUSE In the event COMMERCE determines the Local Government has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Local Government in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Local Government shall be liable for damages as authorized by law including, but not limited to, any amounts owed to the independent consultant for work performed prior to suspension or termination, and all administrative costs directly related to the termination. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 14. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, Local Government shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination, including but not limited to any draft versions of the Independent Financial Feasibility Review. 15. TERMINATION PROCEDURES Upon termination of this contract Local Government shall pay to COMMERCE the agreed upon price, if separately stated, for completed work and services provided by COMMERCE, and the amount agreed upon by the Local Government and COMMERCE for (i) completed work and services for which no separate price is stated, and (ii) partially completed work and services. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the COMMERCE shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated;