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4.26
<br />4.27
<br />4.28
<br />b. The $ubrecipient's records related to this Agreement and the proJcts funded may be inspeded
<br />and audited by lhe Department or its designee, ry the ffice of tha State Auditor, bHS, FE1 A or
<br />their designeeq, b-I tha Comptroller General of the United States or its designees, or by other
<br />state or federal officials authorized by law, for lhe purpo€es of determlning iompliance-by the
<br />Subrecipient with the terms of this Agreement and to deiermine the appropiiate 6vd of furrding
<br />to be paid under the Agreement.c. The records shall be made available by the Subrecipient for such inspection ard audit, together
<br />wilh suitable space for such purpose, at any and all times during-the Subrecipient's riormal
<br />working day.
<br />d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
<br />funded project(s) for a period of at least six (6) years follorving final payment and closure of the
<br />grant underthisAgreement. Daspite the minimum bderal retention reiuirement of three (O) years,
<br />the more stringenl state requiremenl of six (6) years must be follorved.
<br />!{hile thg Deparlment undertakes to assist the Subrecipient with fre prolecUstatemenl of workAvork plan
<br />(pr{ecl). b-! Prwiding ftderal award funds pursuant to ihis Agreement, the projec{ itself remains the bb
<br />responsibility of the Subrecipient. The Deparlment undertrakes no responsi6llty to the Subrecipient, or to
<br />any third party, other than as is expressf set out in this Agreement.
<br />Theresponsibilityforthedesign, development, construdion, implementation, operation and maintenance
<br />of the p!'ol9ct,- as lhese phrases are applicable to this proiect, is sotely that bf the Subrecipient, as is
<br />responsibili$ for any claim or suit of any nature by any third party relateil ln any way to the pioject.
<br />Prior to the $art of any construction adivtty, the Subrecipient shall €nsure that all applicable bderal,
<br />$at9, q1d loc{l pemits and clearances are obtained, including, but not limited to, FEMA bompliane with
<br />the National Environmental Po$cy Act, the National Historic Peservatbn Ac{, the Endangered Species
<br />Ac{, and allother environmental laws, regulations, and exeMive orders.
<br />The Subreclpient shall defend, at its orn cost,.any and allclalms or suils at law or in equity, wfrich may
<br />be brought against the Suhecipient in connedion with ttre project. The Subrectpient shall n-ot toot to thi
<br />Department, or to any state or federal agency, or to any of their employees or agents, for anyperformance, assistance, or any payment or indemnily, including, bul noi limited to, 6st oi defens6
<br />qnd/.or attomgVs'fees, in connection wilh any claim or lawsuit brought by any third party related to any
<br />design, development, construc{ion, implementation, operation and/oi maintenance oia fro;eA.
<br />SEVERAHUry
<br />lf any court of dghtlutjutisdiction holds any provision or condition urder this Agreement or its applicalion
<br />to any parson or circumstanes invalid, this invalidity does not affect other provisions, terms or conditions
<br />of the Agreement, which can be given effect without the invalid provision. To this end, lhe terms and
<br />conditions of this Agreement are declared severable.
<br />sltrto$nuorecr neoU
<br />The Subrecipient shatlcomply with and include Sre followlng audit requirements in any subawards.
<br />Non-federalenlities, as Subrecipients of a federal award, that expend $zs{r,ooO or more in onc liscal
<br />year.gf F<l9ral fu1ds fom all sources, direct and indired, are req-ulred to hive a single or a program-
<br />speciftc audit conduded in accordance with 2 CFR Part 200 Subparl F. Norfederat e-ntitles th'at jpenO
<br />less lhan $760,000 a year in federal awards are exempt fiom federal audit requiremenb lor that year,
<br />exept as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, theierm -non-federal 6tityr
<br />means l state lo_cal govemment, Indlan tribe, instltution of higher education, or nonprofit organizaffon
<br />that canies out a Gderd award as a recipient or subreclpient. -
<br />Subrecipients that are required to have an audit must ensure lhe audil is performed ln accordance with
<br />Qgne.nlly Accepted Gornmment Auditing Standards (GAGAS) ae founci in the Govemment Auditing
<br />Standards (ttp Revised Ydlor Book) dwaloped by the United States ConptrollerGenerat and the OME
<br />Compliance Supplement .The^gqbretipient f-ras the responsibillg of notfiing ltrE auditor and requesting
<br />an audit in compliance wilh 2 CFR Part 200 Subpart F, to lnclude tne Wainirqton State Audito/a Office;
<br />a federal audton, or a public amountant performlng work using GAGAS, aJappropriate. Coets of the
<br />audit may be an allowable grant expendlture as authorized by 2 cFR pad 200.4rs. '
<br />DHSf EMA.EM PG.ARPA-FY2 1 Page 18 of3{Kitttae CountyShoritrs Office EM. EZZ-Z64I
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