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which the connection of the Department's name may, in the Department's judgment, be inferred or
<br />implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
<br />prior written consent of the Department. The Subrecipient may copyright original work it develops in the
<br />course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -
<br />free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
<br />others to use the work for government purposes.
<br />Publication resulting from work performed under this Agreement shall include an acknowledgement of
<br />FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
<br />endorsement by FEMA or reflect FEMA's views.
<br />A.25 RECAPTURE PROVISION
<br />In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
<br />federal, state, and local laws, regulations and/or the provisions of the Agreement, the Department
<br />reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
<br />of recapture shall exist for the life of the project following Agreement termination. Repayment by the
<br />Subrecipient of funds under this recapture provision shall occur within 30 days of demand.
<br />In the event the Department is required to institute legal proceedings to enforce the recapture provision,
<br />the Department shall be entitled to its costs and expenses thereof, including attorney fees from the
<br />Subrecipient.
<br />A.26 RECORDS
<br />a. The Subreciplent agrees to maintain all books, records, documents, receipts, invoices, and all other
<br />electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts,
<br />subawards, grant administration, and payments, including all direct and indirect charges, and
<br />expenditures in the performance of this Agreement (the "records").
<br />b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and
<br />audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their
<br />designees, by the Comptroller General of the United States or Its designees, or by other state or
<br />federal officials authorized by law, for the purposes of determining compliance by the Subrecipient
<br />with the terms of this Agreement and to determine the appropriate level of funding to be paid under
<br />the Agreement.
<br />c. The records shall be made available by the Subrecipient for such inspection and audit, together with
<br />suitable space for such purpose, at any and all times during the Subrecipient's normal working day.
<br />d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded
<br />project(s) for a period of at least six (6) years following final payment and closure of the grant under
<br />this Agreement. Despite the minimum federal retention requirement of three (3) years, the more
<br />stringent State requirement of six (6) years must be followed.
<br />A.27 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PIAN
<br />While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
<br />(project) by providing Federal award funds pursuant to this Agreement, the project itself remains the sole
<br />responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
<br />any third party, other than as is expressly set out in this Agreement.
<br />The responsibility for the design, development, construction, implementation, operation and maintenance
<br />of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
<br />responsibility for any claim or suit of any nature by any third party related in any way to the project.
<br />Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable Federal,
<br />State, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
<br />the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
<br />Act, and all other environmental laws, regulations and executive orders.
<br />The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
<br />be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
<br />Department, or to any state or federal agency, or to any of their employees or agents, for any
<br />performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
<br />and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
<br />design, development, construction, implementation, operation and/or maintenance of a project.
<br />DHS-FEMA-HSGP-SHSP-FFY16 Page 17 of 25 Kittitas, County of, E17-075
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