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GENERAL TERMS AND CONDITIONS <br /> GENERAL GRANT <br /> FEDERAL FUNDS <br /> D. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds from this <br /> Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received when <br /> value of this Grant is expected to exceed $5,000. <br /> Prior approval requests shall include a copy of proposed Grants and any related procurement <br /> documents and justification for non-competitive procurement, if applicable. <br /> 26. PUBLICITY <br /> The Grantee agrees not to publish or use any advertising or publicity materials in which the state of <br /> Washington or COMMERCE's name is mentioned, or language used from which the connection with <br /> the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the <br /> prior written consent of COMMERCE. <br /> 27. RECAPTURE <br /> In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, <br /> and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to <br /> compensate COMMERCE for the noncompliance in addition to any other remedies available at law or <br /> 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 /> 28. RECORDS MAINTENANCE <br /> The Grantee shall maintain all books, records, documents, data and other evidence relating to this <br /> Grant and performance of the services described herein, including but not limited to accounting <br /> procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature <br /> expended in the performance of this Grant. <br /> Grantee shall retain such records for a period of six years following the date of final payment. At no <br /> additional cost, these records, including materials generated under the Grant, shall be subject at all <br /> 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 shall <br /> be retained until all litigation, claims, or audit findings involving the records have been finally resolved. <br /> 29. RIGHT OF INSPECTION <br /> The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any <br /> other authorized agency 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 assurance <br /> under this Grant. <br /> 30. 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 terminate the <br /> Grant under the "Termination for Convenience" clause, without the ten business day notice <br /> requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations <br /> and conditions. <br /> 16 <br />