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the right to recapture funds in an amount equivalent to the extent of no ncompli ance. Such right of recapture
<br />shall exist for the life of the project follow ing Agreement termination. Repayment by the SUBRECIP IENT of
<br />funds under this re capture provision shall occur within 30 days of demand .
<br />In the event the DEPARTMENT is required to inst itu te legal proceed ings to enforce the recapture
<br />provis ion, the DEPARTMENT shall be entitled to its costs and exp ens es thereof, including attorney fees from
<br />the SUBRECIPIENT.
<br />RECORDS
<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 SUBRECIPIENT's
<br />contracts, 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 re lated to this Agreement and the projects funded may be inspected
<br />and audited by the DEPARTMENT or its des ignee , 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 federal
<br />officials authorized by law, for the purposes of determining compliance by the SUBRECIPIENT with the terms
<br />of this Agreement and to determine the appropriate level of funding 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 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 fo llowing final payment and closure of the grant under this
<br />Agreement. Despite the minimum federal retention requ irement of three (3) years , the more stringent State
<br />requirement of six (6) years must be followed.
<br />RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKiwoRK PLAN
<br />While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the projecVstatement of
<br />work/work p'Ian (project) by prov iding Federal award funds pursuant to this Agreement , the project itself
<br />remains the sole responsibility of the SUBRECIPIENT.
<br />The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to any third party, other
<br />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 way to
<br />the project.
<br />Prior to the start of any constructio n activity , the SUBRECIPIENT shall ensure that all applicable
<br />Federal, State, and local permits and clearances are obtained, including but not lim ited to FEMA compliance
<br />with the National Environmental Policy Act, the Nationa l 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
<br />may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall not
<br />look to the 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 and/or
<br />attomeys ' fees, in connection with any cla im or lawsuit brought by any third party related to any design,
<br />development, construction, impleme ntatio n, operation ' ~nd/or maintenance of a project.
<br />SEVERABILITY
<br />If any court of rightful jurisdiction holds any provision or condi ti on under this Agreement or its
<br />application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or
<br />conditions of the Agreement, which can be given effect without the invalid provision . To this end, the terms
<br />and conditions of this Agreement are declared severable .
<br />SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS )
<br />Non-federal entities , as SUBRECIPIENTs of a federal award , that expend $750 ,000 or more in one fiscal year
<br />of federal funds from all sources, direct and indirect, are required to have a ~ingle or a program-specific audit
<br />conducted in accordance with 2 CFR Part 200 Subpart FNon -federal entities ,that spend less than $750 ;000 a
<br />year in federal awards are exempt from federal audit requ irements for that year , except as noted in 2 CFR Part
<br />200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government,
<br />15PDM Page 16 of43 Kittitas County Dept. Of Public Works. E 17-062
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