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<br />reserves the right to recapture funds in an anrount equivalent to the extent of noncompliance. Such right
<br />of recapture shall exist tor the life of the project foltowing Agreement termination. Repayrnent by the
<br />Subrecipient of funds under this recapture provislon shall occur within 30 days of demand. ln the event
<br />the 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 />RECORD$a. TG Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
<br />other electronic or written records neoe$$ary to sufficiently and propeily reflect the $ubrecipients
<br />contracts, subawards, grant administration, and payments, including all direct and indirect
<br />charges, and expenditures in the performance of this Agreement ithe "records").
<br />b, The Subrecipient's records related to this Agreement and the proiects funded may be inspected
<br />and audited by the Department or its designee, by the Office of the Slate Auditor, DHS, FEMA or
<br />their designees, !y. tLe-gompgpUel.Genef_a!'pf the United States or its designees, or- by.othor
<br />stalebr feCbral otficials authorized by law, for the purposes of determining compliance by the
<br />Subrecipient with the terms of this Agreement and to deterrnine the appropriate level of funding
<br />to be paid under the Agreement.
<br />c. The records shall he made available by the Subrecipient for such inspection and audit, togeiher
<br />with suitable space for such purpose, ai any and all times during the Subrecipient's normal
<br />working daY.
<br />d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
<br />funded project(s) for a perlod of at least six (6) years following final payment and closure of the
<br />grant under this Agreement. Despite the minimurn federal retention requirement of throe (3) years,
<br />the rnore stringent State requirenrent of six (6) years rnuet be followed.
<br />RES PON S I B I LITY FOR PBOJ ECISTATEM-E NT o F WO R KA/VQ RK P LAIN
<br />White the-Department unde$akes to assist the Suhrrecipientwith the proiec{/statement of work/work
<br />(project) by providing federal award funds pursuant to this Agreement, the project itself remains the
<br />iesponsibiiity of the Subrecipient. The Departrnent undertakes no responsibility to the Subrecipient,
<br />plan
<br />sole
<br />or to
<br />nyJh i rd-pa rty-other-tha n-as-is-expres*ly-set-ouf in{h is-Ag
<br />The responsibility for the design, development, construction, implementation, operation and maintenance
<br />of the project, ab these phrases are applicable to this project, is solely that of the $ubrecipient, as is
<br />responsibility for any claim or suit of any nature by any third party related in any way to the project.
<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 Nationat Environrnental Poticy Act, the National Historic Preseruation Act, the End?ryelgd $p-ecies
<br />Act,-and allother environmental laws;regulatiofiB, ahd'bxdcutivFoTdeis." --'
<br />The $ubreciplent shall defend, at its own cost, any and all claims or suits at law or in equity, which may
<br />be brought against the Subrecipient in connection with the project. The Subrecipient shall not iook to the
<br />Depar(ment, or to any state or federal agency, or to any of iheir employees or agent$, for any
<br />perforrnance, assistance, or any payment or indemnity, including, but not limited io, cost of defense
<br />and/or attorneys' fee$, in oonnection with any claim or lawsuit brought by any third party related to any
<br />design, development, congtruction, implomentation, operation and/or maintenance of a project.
<br />A.27 SEVERABTLTTY
<br />tf any aourt on rightfuljurisdiction holds any provision or condition under this Agreement or ite application
<br />to any person oicircumstances invalid, this invalidity does not affect other provisions, terms or conditions
<br />of thti Agreement, which can be given effect without the invalld provislon. To this end, the terrns and
<br />conditions of this Agreement are declared severable.
<br />A.2B SINGLE AUDIT ACf REQUIREMENTQ (includinq allAMF,$IDMENTS)
<br />ftre SuUreCipient snal comply with and include the following audit requirements in any subawards.
<br />Non-federal entitles, as Subrecipients of a federal award, that expend $7$0,000 or more in one fiscal
<br />year of federat funds frorn all sources, direct and indirect, are required to have a slngle or a program'
<br />ipecific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
<br />less than $750,000 a year in federal awards are exempt frorn federal audit requirements for that yeat,
<br />DHS-FFMA-HSGP-SHSP-FY24 Page 20 of 48 Klttitas County,E2s-LzA
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