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4,26
<br />4.27
<br />4.28
<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 Auditot bHS, FEMA or
<br />their designeeq, b1 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 Lompliance by the
<br />Subrecipient with the terms of this Agreement and to determine the appropiiate t6vet of tunding
<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 ri'ormal
<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 ind closure of the
<br />grant under this Agreement. Despite the minimum federal retenlion requirement of three (3) years,
<br />the more stringent state requirement of six (6) years must be followed.
<br />W.lib tle Department undertakes to assist the Subrecipient with tne proleOstatement of worUwork 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 responsibilitir to the Subrecipient, orto
<br />any third party, other than as is expressly set out in this Agreement.
<br />The responsibilityforthedesign, development, construction, implementation, operation and maintenance
<br />of the project, as these.phrases are applicable to this projeci, 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 pioject.
<br />Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
<br />slate, and local permits and clearances are obtained, including, but not limited to, FEMA bompliance with
<br />the National Environmental Policy Act, the National Historic Preservation Act, the Endangeied Species
<br />Act, and all other environmental laws, regulations, and executive orders.
<br />The Subrecipient shalldefend, at its own cost, any and allclaims 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 th6
<br />Department, or to any state or federal agency, or to any of their emptoyees or agents, for anyperformance, assistance, or any payment or indemni$, inciuding, but noi timiteo to, c6st oi oetens6
<br />and/or attorneys'fees, in connection with any claim or iawsuit brought by any third party related to any
<br />design, development, construction, implementation, operation and/or maintenlnce oi a froiect.
<br />SEVERABILITY
<br />lf any court of rightfutjurisdic{ion holds any provision or condition under this Agreement or its application
<br />to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
<br />of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
<br />conditions of this Agreement are declared severable,
<br />The shall comply with and include the following audit requirements in any subawards.
<br />Non-federal entities, as subrecipients of a federal award, that expend $760,000 or more in one fiscal
<br />year of federal funds from all sources, direct and indirect, are required to have a single or a program-
<br />specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal eintities that jpend
<br />less than $750,000 a yeil in federal awards are exempt from federal audit requirements for that year,
<br />except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, theierm "non-federat eirtity;
<br />means a state, local government, lndian tribe, institution of higher education, or nonprofit organization
<br />that canies out a federal award as a recipient or subrecipient.
<br />$ubrecipients that are required to have an audit must ensure the audit is performed in accordance with
<br />Generally Accepted G9y9gme1t Auditing Standards (GAGAS) as found in the Govemment Auditing
<br />Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OME
<br />Compliance Supplement .Tle_S_tlblecipienl has the responsibility of notifying its auditor and requesting
<br />an audit in compliance with 2 cFR Part 200 Subpart F, to include the Waihington State Audito/i Otficel
<br />a federal auditor, or a public accountant performing work using GAGAS, aJappropriate. Costs of the
<br />audit may be an allowable grant expenditure as authorized by 2 cFR paft2o0.4zs.'
<br />DHS.FEMA-EMPG-FY21 Page 18 of 35 Kittitas County Sheriffs Office EM, E22-217
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