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under this Agreement;however,pursuant to 2 CFR Part 200.315,FEMA reserves a
<br />royalty-free,nonexclusive,and irrevocable license to reproduce,publish or otherwise use,
<br />and to authorize others to use the work for government purposes.
<br />Publication resulting from work performed under this Agreement shall include an
<br />acknowledgement of FEMA's financial support,by CFDA number,and a statement that
<br />the publication does not constitute an 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
<br />with applicable federal,state,and local laws,regulations and/or the provisions of the
<br />Agreement,the Department reserves the right to recapture funds in an amount equivalent
<br />to the extent of noncompliance.Such right of recapture shall exist for the life of the project
<br />following Agreement termination.Repayment by the Subrecipient of funds under this
<br />recapture provision shall occur within 30 days of demand.
<br />In the event the Department is required to institute legal proceedings to enforce the
<br />recapture provision,the Department shall be entitled to its costs and expenses thereof,
<br />including attorney fees.
<br />A.26 RECORDS
<br />a.The Subrecipient agrees to maintain all books,records,documents,receipts,invoices,
<br />and all other electronic or written records necessary to sufficiently and properly reflect
<br />the Subrecipient's contracts,subawards,grant administration,and payments,
<br />including all direct and indirect charges,and expenditures in the performance of this
<br />Agreement (the "records").
<br />b.The Subrecipient's records related to this Agreement and the projects funded may be
<br />inspected and audited by the Department or its designee,by the Office of the State
<br />Auditor,DHS,FEMA or their designees,by the Comptroller General of the United
<br />States or its designees,or by other state or federal officials authorized by law,for the
<br />purposes of determining compliance by the Subrecipient with the terms of this
<br />Agreement and to determine the appropriate level of funding to be paid under the
<br />Agreement.
<br />c.The records shall be made available by the Subrecipient for such inspection and audit,
<br />together with suitable space for such purpose,at any and all times during the
<br />Subrecipient's normal working day.
<br />d.The Subrecipient shall retain and allow access to all records related to this Agreement
<br />and the funded project(s)for a period of at least six (6)years following final payment
<br />and closure of the grant under this Agreement.Despite the minimum federal retention
<br />requirement of three (3)years,the more stringent State requirement of six (6)years
<br />must be followed.
<br />A.27 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
<br />While the Department undertakes to assist the Subrecipient with the project/statement of
<br />work/work plan (project)by providing Federal award funds pursuant to this Agreement,
<br />the project itself remains the sole responsibility of the Subrecipient.The Department
<br />undertakes no responsibility to the Subrecipient,or to any third party,other than as is
<br />expressly set out in this Agreement.
<br />The responsibility for the design,development,construction,implementation,operation
<br />and maintenance of the project,as these phrases are applicable to this project,is solely
<br />that of the Subrecipient,as is responsibility for any claim or suit of any nature by any third
<br />party related in any way to the project.
<br />Prior to the start of any construction activity,the Subrecipient shall ensure that all
<br />applicable Federal,State,and local permits and clearances are obtained,including but
<br />not limited to FEMA compliance with the National Environmental Policy Act,the National
<br />Historic Preservation Act,the Endangered Species Act,and all other environmental laws,
<br />regulations and executive orders.
<br />DHS-FEMA-HSGP-SHSP-FFY15 Page 19 of 26 Kittitas County SherifPs Office,E16-071
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