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<br /> noncompliance. Such( ht of recapture shall exist for the lif )f the project following Agreement
<br /> termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur
<br /> within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to
<br /> enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof,
<br /> including attorney fees.
<br /> A.29 RECORDS AND REPORTS
<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 inspected
<br /> and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, OHS, FEMA
<br /> or their designees, by the Comptroller General of the United States or its designees, or by other
<br /> state or federal officials 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 final 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) year 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
<br /> shall be liable for the costs incurred by the state and federal governments in responding to such
<br /> disaster. In addition to its own duty to recover duplicated funds or funds expended due to the
<br /> intentional or negligent actions of others. SUBRECIPIENT will cooperate in a reasonable manner with
<br /> the DEPARTMENT and the United States in efforts to recover expenditures under this Grant
<br /> 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 grant funds pursuant to this Agreement, the project itself remains
<br /> the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the
<br /> 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
<br /> maintenance of the project, as these phrases are applicable to this project, is solely that of the
<br /> SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any
<br /> way to the project.
<br /> Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable
<br /> Federal, State, and local permits and clearances are obtained, including but not limited to FEMA
<br /> compliance with the National Environmental Policy Act, the National Historic Preservation Act, the
<br /> Endangered Species Act, and all other environmental laws 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. The SUBRECIPIENT shall
<br /> not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or
<br /> agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost
<br /> of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party
<br /> related to any design, development, construction, implementation, operation and/or maintenance of a
<br /> project.
<br /> Public Assistance Grant Agreement Page 16 of 21 City of Everett, D16-640
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