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In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture
<br /> provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including attorney fees
<br /> from the SUBRECIPIENT.
<br /> A.29 RECORDS
<br /> a. 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
<br /> SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct
<br /> and indirect charges, and expenditures in the performance of this Agreement (the "records").
<br /> b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be
<br /> inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor,
<br /> DHS, FEMA or their designees, by the Comptroller General of the United States or its designees,
<br /> or by other state or federal officials authorized by law, for the purposes of determining compliance
<br /> by the SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level
<br /> of funding to be paid under the Agreement.
<br /> c. The records shall be made available by the SUBRECIPIENT for such inspection and audit,
<br /> together with suitable space for such purpose, at any and all times during the SUBRECIPIENT's
<br /> normal working day.
<br /> d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and
<br /> the funded project(s) for a period of at least six (6) years following final payment and closure of
<br /> the grant under this Agreement. Despite the minimum federal retention requirement of three (3)
<br /> years, the more stringent State requirement of six (6) years must be followed.
<br /> A.30 RECOVERY OF FUNDS
<br /> Any person who intentionally causes a condition for which funds are provided under this Agreement shall
<br /> be liable for the costs incurred by the state and federal governments in responding to such disaster. In
<br /> addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent
<br /> actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and
<br /> the United States in efforts to recover expenditures under this Grant Agreement.
<br /> A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
<br /> While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
<br /> work/work plan (project) by providing Federal award funds pursuant to this Agreement, the project itself
<br /> remains the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility
<br /> to the SUBRECIPIENT, or to any third party, 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, 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 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 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
<br /> may be brought against the SUBRECIPIENT in connection with the project.
<br /> The SUBRECIPIENT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of
<br /> their employees or agents, for any performance, assistance, or any payment or indemnity, including but
<br /> not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by
<br /> any third party related to any design, development, construction, implementation, operation and/or
<br /> maintenance of a project.
<br /> A.32 SEVERABILITY
<br /> If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
<br /> to any person or circumstances 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, the terms and
<br /> conditions of this Agreement are declared severable.
<br /> Mitigation Project Grant Agreement Page 18 of 29 City of Everett, D22-024 Revised
<br /> Form 4/17/2020
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