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Docusign Envelope lD' D1 AAAE83-FC1 F-483D-BCEC-A848D08F9363 State ofWashington Departsnent of Ecology Agreement No; AQOBC-2024-KiCPHD-00010 Project Title: Community-Led Air Quality Improvement for Ellensburg Recipient Name: Kittiias Counly ' Public Health DePartsnent Page26 of28 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. Al1 records shall: a) Be kept in a manner which provides an audit kaii 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 State of Washinglon, for a period of at least three (3) years after the final grant payment or loan repaymenl, or any dispute resolution hereunder' RECIpIENT shall provide clarification and make necessary adjustments if any audits or inspections identiff discrepancies in the records. ECOLOGy reseryes 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 aliowed by law to recover monies determined owed will be enforced' Repetitive instances of incorrecl invoicing or inadequate records may be considered cause for termination' 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 ofthis 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, or any other authorized representative, at all reasonable times' in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement' 23. RECOVERY OF FLTNDS 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. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any enoneous payment ol overpaymeni under this Agreement' RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirry (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) 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 properfy' 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 Agreernent which can be given effect withottt the invalid provision, and to this end the provisions of this Agreement are declared to be severable' 25. STATEENVIRONMENTALPOLICYACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental policy Act (chapter 43.21C RCW and chapter 1g7- I 1 WAC) have been or will be met. Any reimbursements are subiect to this provision. 26. SUSPENSION when in ihe best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY' Template Yersion 12/ 10/2020