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2025/01/22 Council Agenda Packet
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2025/01/22 Council Agenda Packet
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Council Agenda Packet
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1/22/2025
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<br />________________________________________________________________________________________________________ Page 15 of 25 <br /> <br />to compensate COMMERCE for the noncompliance in addition to any other remedies available at law <br />or in equity. <br />Repayment by the Grantee of funds under this recapture provision shall occur within the time period <br />specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments <br />due under this Grant. <br />26. RECORDS MAINTENANCE <br />The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant <br />and performance of the services described herein, including but not limited to accounting procedures <br />and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended <br />in the performance of this Grant. <br />The Grantee shall retain such records for a period of six years following the date of final payment. At <br />no additional cost, these records, including materials generated under the Grant, shall be subject at <br />all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by <br />COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, <br />regulation or agreement. <br />If any litigation, claim or audit is started before the expiration of the six (6) year period, the records <br />shall be retained until all litigation, claims, or audit findings involving the records have been resolved. <br />27. REGISTRATION WITH DEPARTMENT OF REVENUE <br />If required by law, the Grantee shall complete registration with the Washington State Department of <br />Revenue. <br />28. RIGHT OF INSPECTION <br />The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to <br />any other authorized agent or official of the state of Washington or the federal government, at all <br />reasonable times, in order to monitor and evaluate performance, compliance, and/or quality <br />assurance under this Grant. <br />29. SAVINGS <br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way <br />after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or <br />terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day <br />notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding <br />limitations and conditions. <br />30. SEVERABILITY <br />The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid <br />for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of <br />the Grant. <br />31. SITE SECURITY <br />While on COMMERCE premises, Grantee, its agents, employees, or subgrantees shall conform in all <br />respects with physical, fire or other security policies or regulations. <br />32. SUBGRANTING/SUBCONTRACTING <br />The Grantee may only subgrant/subcontract work contemplated under this Grant if it obtains the prior <br />written approval of COMMERCE. <br />If COMMERCE approves subgranting/subcontracting, the Grantee shall maintain written procedures <br />related to subgranting, as well as copies of all subgrants/subcontract and records related to <br />subgrants/subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its <br />subgranting/subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from
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