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4.25
<br />4.26
<br />4.27
<br />A.28
<br />of recapture shall exist for the life of the project following Agreement termination. Repayment by the
<br />Subrecipient of funds under this recapture provision shall occur within 30 days of demahd. ln the 6ventthe Department is required to institute legal proceedings to enforce the recapture provision, the
<br />Department shall be entitled to its costs and expenses thereof, including attorney fees from the
<br />Subrecipient.
<br />RECORDSa. 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
<br />charges, and expenditures in the performance of this Agreement (the "records").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 Auditor, bHS, FEMA or
<br />their designees, b1t the Comptroller General of the United Statee 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 level of funding
<br />to be paid underthe Agreement.
<br />c. The records shall be made available by the $ubrecipient for such inspection and audit, together
<br />with suitable space for such purpose, at any and all times during the Subrecipient's normal
<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 and closure of the
<br />grant underthis Agreement. Despite the minimum federal retentlon requirement of three (3) years,
<br />the more sldngent state requirement of six (6) years must be followed.
<br />\tVhile the Department undertakes to assist the Subrecipient with tne prolecUstatement 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 responsibility to the Subrecipient, or to
<br />any third party, other than as is expressly set out in this Agreement,
<br />The responsibilityforthe design, development, construc{ion, implementation, operation and maintenance
<br />of the projecl as these phrases are applicable to this project, 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 />state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
<br />the National Environmental Policy Act, the National Histodc Preservation Act, the Endangeied 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 may
<br />be brought against the Subrecipient in connection with the project. The Subrecipient shalt nbt toot to th6
<br />Departrnent, 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 tiririteO to, cost of defense
<br />and/or attorneys' fees, in connection with any claim or lawsuit brought by any third parg related to any
<br />design, development, construction, implementation, operation and/or maintanance oi a jrojecl.
<br />SEVERABILITY
<br />lf any court of rightfuljurisdiction holds any provision or condition under this Agreement or its apptication
<br />to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditbns
<br />of the Agreement, which can be given effect without the invalid provisioh. To this end, the terms and
<br />conditions of this Agreement are declared severable.
<br />The Subrecipient shall comply with and inctude the audit requirements in any subawards.
<br />Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscalyear 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-federalentities that ipend
<br />less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
<br />except as noted in 2 GFR Part 200 Subpart F. As defined in 2 CFR Part 200, theterm "non-federatehtity
<br />DHS-FEMA-EMPG-FY22 Page 18 of 39 Kittitas Coung,E2g-1g4
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