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SUBRECIPIENT will pay to the DEPARTMENT all recovered funds up to the totalof the federal share
<br />of all funds received by the SUBRECIPIENT under this Agreement.
<br />SUBRECIPIENT may prepare a request to FEMA, that will be submitted to FEMA by the
<br />DEPARTMENT, requesting permission to retain any part of a settlement listed as a recovery of
<br />attorneys fees and litigation costs spent to recover these grant funds. SUBRECIPIENT will be allowed
<br />to retain such funds as permitted by FEMA.
<br />A.31 RESPONSIBILITY FOR PROJECT
<br />While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project by providing
<br />Federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of
<br />the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to
<br />any third pafty, 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 phases 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
<br />any way to the project.
<br />Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable
<br />Federal, State, and local 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, regulations and executive orders.
<br />The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits of law or inequity which
<br />may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT 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 />4.32 SEVERABILITY
<br />lf any court of rightfuljurisdiction holds any provision or condition of this Agreement or its application
<br />to any person or circumstance 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
<br />terms and conditions of this Agreement are declared severable.
<br />A.33. SINGLE AUDIT REQUIREMENTS (includino aIIAMENDMENTS)
<br />Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds
<br />from all sources, direct and indirect, are required to have a single or a program-specific audit
<br />conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than
<br />$750,000 a yeil in federal awards are exempt from federal audit requirements for that year, except
<br />as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity"
<br />means a State, local government, lndian Tribe, institution of higher education, or non-profit
<br />organization that carries out a federal award as a recipient or subrecipient.
<br />SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
<br />with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government
<br />Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General
<br />and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its
<br />auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the
<br />Washington State Auditor's Office, a federal auditor, or a public accountant performing work using
<br />GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by
<br />2 CFR Part 200 Subpart F.
<br />The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
<br />requirement and shall ensure that any subrecipients or contractors also maintain auditable records.
<br />FFY18 Fire Management Assistance GrantAgreement Page 16 of 22 Kittitas, County of, D19-1004
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