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noncompliance. Such right of recapture shall exist for the life of the project following Agreement
<br />termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur
<br />within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to
<br />enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof,
<br />including attorney fees.
<br />A.29 RECORDS AND REPORTS
<br />a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
<br />other electronic or written records necessary to sufficiently and properly reflect the
<br />SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct
<br />and indirect charges, and 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
<br />and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA
<br />or their designees, by the Comptroller General of the United States or its designees, or by other
<br />state or federal officials authorized by law, for the purposes of determining compliance by the
<br />SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
<br />to be paid under the Agreement.
<br />c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together
<br />with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal
<br />working day.
<br />d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
<br />funded project(s) for a period of at least six (6) years following final payment and closure of the
<br />grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
<br />the more stringent State requirement of six (6) year must be followed.
<br />A.30 RECOVERY OF FUNDS
<br />Any person who intentionally causes a condition for which funds are provided under this Agreement
<br />shall be liable for the costs incurred by the state and federal governments in responding to such
<br />disaster. In addition to its own duty to recover duplicated funds or funds expended due to the
<br />intentional or negligent actions of others. SUBRECIPIENT will cooperate in a reasonable manner with
<br />the DEPARTMENT and the United States in efforts to recover expenditures under this Grant
<br />Agreement.
<br />A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKIWORK PLAN
<br />While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
<br />work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains
<br />the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the
<br />SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement.
<br />The responsibility for the design, development, construction, implementation, operation and
<br />maintenance of the project, as these phrases are applicable to this project, is solely that of the
<br />SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any
<br />way to the project.
<br />Prior to the start of any construction activity, the SUBREC[PIENT shall ensure that all applicable
<br />Federal, State, and focal permits and clearances are obtained, including but not limited to FEMA
<br />compliance with the National Environmental Policy Act, the National Historic Preservation Act, the
<br />Endangered Species Act, and all other environmental laws and executive orders.
<br />The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which
<br />may be brought against the SUBRECIPIENT in connection with the project. The SUBREC[PIENT shall
<br />not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or
<br />agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost
<br />of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party
<br />related to any design, development, construction, implementation, operation and/or maintenance of a
<br />project.
<br />Public Assistance Grant Agreement Page 16 of 21 Kittitas County, D16-619
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