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4.25
<br />A,26
<br />4.27
<br />A.28
<br />of recapture shall exist for the tife of the project following Agreement_termination' 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 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. T6e Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
<br />other electrohic or wlitten 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")'
<br />b. The Subrecipient's records related to this Agreement and the plojegts funded, may.q9 insp.ected
<br />"nJ "uaituO
<br />'by the Department or its design6e, by the Office of the State Auditor, DHS, FEMA or
<br />their designees, by the Comptroller Geneqal of the United States or its designees, or by other
<br />state or federal'ofiicials authorized by law, for the purposes of determining compliance by _the
<br />Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
<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 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 finat payment and closure of the
<br />grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
<br />the more stringent State requirement of six (6) years must be followed.
<br />RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKA/VORK PLAN
<br />eSubrecipientwiththeprojecVstatementofworUworkplan
<br />(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
<br />ib"rjondiUiilty of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
<br />any third pady, other than as is expressly set out in this Agreement.
<br />The responsibility for the design, development, construction, implementation, operation and maintenance
<br />of the project, ai these phra-ses are applicable to this project, is solely that of the Subrecipiont, as is
<br />respon'sibitity ior any claim or suit of any nature by any third party related in any way to the project.
<br />prior io 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 Historic Preservation 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 against the Subrecipient in connection with the project. The Subrecipient shall not look to the
<br />Deparlment, or to any state or federal agency, or to any of their employees or agents, for any
<br />performance, assistanle, or any payment or indemnity, including, but not limited to, cost of defense
<br />and/or attorneys'fees, in connection with any claim or lawsuit brought by any third party related to any
<br />design, development, construction, implementation, operation and/or maintenance of a proiect.
<br />SEVERABILITY
<br />i? "ny
<br />court oil.ightfuljurisdiction holds any provision or condition under this Agreement or its application
<br />to any person oicircumstances invalid, thi-s invalidity does not affect other provisions, terms or conditions
<br />of th6 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 />SINGLE AUDIT ACT REQU-IREMENTS (includins all AMENDMENTS)
<br />andincludethefollowingauditrequirementsinanysubawards.
<br />Subrecipients of a federal award, that expend $1,000,000 or more in one fiscal year of federal funds from
<br />all sources, direct and indirect, are required to have a single or a program-specific audit conducted in
<br />accordance with 2 CFR Part 200 Subirart F. Subrecipients that spend less than ${,000,000 a yeqr in
<br />federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part
<br />DHS-FEMA-EMPG-FY25 Page 20 of 50 Kittitas County, E26-24 1
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