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of recapture shall exist for the life of the project following Agreement_t_ermination' Repayment by the
<br />Subrecipient of funds under this recapture'provision shall occur within 30 days of demand. ln the event
<br />the Department is required to instiiute legal proceedings to enforce the recapture provision' tfe
<br />Department shall be entitled to its costs -and expenses thereof, including attorney fees from the
<br />Subrecipient.
<br />A.25 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 payme nts, including all direct and indirect
<br />charges, and expenditures in the performance of this Agreeme nt (the "records")
<br />b. The Subrecip ient'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, DHS, FEMA or
<br />their designees, by the ComPtro ller General of the United States or its designees, or by other
<br />state or==federal.-officials.authorized by..law, for the purposes-of determining co.mplian.qe by the
<br />brgeipielt with thelerrns of this Agreement-and to-delermine the-approp riate-level of-fund i n g
<br />to be paid under the Agreement.
<br />c. The records shall
<br />working day
<br />d. The Subrecipient shall retain and allow access to all to S a the
<br />funded proj ect(s) for a period of at least six (6) years following final payment and closure of the
<br />grant under this Agreem ent. Despite the minimum federa I retention requirement of three (3) years,
<br />the more stringent State requirement of six (6) years must be fol lowed.
<br />A.26 RES NSIBILITY FO R PRO.JECTiS FMENT OF P IAN
<br />While the Departme nt undertakes to assist the Subrecipient with the projecVstatement of worUwork plan
<br />(project) by providing federal award funds pursuant to this Agreement,the project itself remains the sole
<br />responsibility of the S ubrecipient. The Department undertakes no resp onsibility to the Subrecipient, or to
<br />any third party, other than as is expressly set out in this Agreement
<br />The responsibility for the design, development, construction, imp lementation, operation and maintenance
<br />of the project, as these phrases are applicable to this project,is solely that of the Subrecipient, as is
<br />responsibility for a ny 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 Subrecipie nt 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 Historic Preserv ation Act, the Endangered 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 ajainst the subrecipient in connection with the project. The subrecipient shall not look to the
<br />Department, or to any state or federal agency, or to any of their employees or agents, for any
<br />performance, assistance, or any payment dr indemnity, including, bu! not limited to, cost of defense
<br />and/or attorneys, fees, in conneition with any claim or lawsuit brought by any third party related to any
<br />design, development, construction, implementation, operation and/or maintenance of a project'
<br />A,27 SEVERABILITY
<br />lf any court of rigl.,tfutjurisdiction holds any provision or condition under this Agreement or its application
<br />to any person or-circumstances invalid, thii 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 />A.28 SINGLE AUDIT ACT REQUIREMENTS (iNCIUdiNq AIIAMENDMENTS)
<br />wing audit requirements in any subawards.
<br />Non-federal entiiies, as Subrecipients of a federal award, that expend $750,000 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 entities that spend
<br />less than $zsg,goo a year in federal awards are exempt from federal audit requirements for that year,
<br />except as noted in z CFR part 200 Subpart F. As defined in 2 CFR Part 200, the term "non*federal entity"
<br />DHS-FEMA-EMPG-FY24 Page2Q of 44 Kittitas county', E25-254
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