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• <br /> e f_ <br /> j .) <br /> 2. SUBRECIPIENT MONITORING <br /> a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial <br /> assistance under federal programs and is charged with maintaining compliance with federal <br /> and state laws and regulations regarding the monitoring, documentation, and auditing of <br /> subrecipient grant activities using federal financial assistance. Management and <br /> implementation guidelines for the federal programs ensure compliance with statutes, grant <br /> guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars <br /> (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal <br /> Register. The Department shall adhere to its Subrecipient Monitoring Policy and the <br /> Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.) <br /> b. The Contractor shall perform under the terms of the contract and the Department has <br /> responsibility for reasonable and necessary monitoring of the Contractor's performance. The <br /> Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined <br /> as any planned, ongoing, or periodic activity that measures and ensures contractor compliance <br /> with the terms, conditions, and requirements of a contract. <br /> Monitoring involves prudent collection of information about Contractor operations and is not <br /> limited to site visits or the completion of formal reviews. Monitoring may include periodic <br /> contractor reporting to the Department, Department review of audit reports, invoice reviews, <br /> onsite reviews and observations, and surveys. Adequate documentation is essential for <br /> effective contract monitoring and will include copies of letters, meeting notes, and records of <br /> phone conversations as evidence that conscientious monitoring has occurred during the period <br /> of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely <br /> on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to <br /> comply with reporting requirements. <br /> The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as <br /> appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single <br /> Audit does not apply to"for-profit" organizations. <br /> 3. RECORDS, MONITORING AND AUDIT ACCESS <br /> a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities <br /> that are pertinent to this contract. <br /> b. Access to public records-The Contractor acknowledges that the Department is subject to the <br /> Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained <br /> by the Department relating to the conduct of government or the performance of any <br /> governmental or proprietary function are available for public inspection and copying, except as <br /> exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific <br /> information or records. <br /> c. The Contractor shall maintain all books, records, documents, data and other evidence relating <br /> to this contract and the provision of any materials, supplies, services and/or equipment under <br /> this contract herein, including, but not limited to, records of accounting procedures and practices <br /> that sufficiently and properly reflect all direct and indirect costs of any nature expended in the <br /> performance of this contract. At no additional cost, these records, including materials generated <br /> under the contract, shall be subject at all reasonable times to inspection, review and audit by <br /> personnel duly authorized by the Department, the Washington State Auditor's Office, and <br /> federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all <br /> books, records, documents, and other materials relevant to this contract and make them <br /> available for inspection, review or audit for six (6) years from the end date of this contract, date <br /> of final payment or conclusion of services performed under this contractor, whichever is later. If <br /> any litigation, claim or audit is started before the expiration of the six (6) year period, the records <br /> shall be retained until final resolution of all litigation, claims, or audit findings involving the <br /> records. <br /> J <br /> DHS-EMPG-FFY 08 Page 6 of 24 City of Everett Emergency Management <br /> E08-307 <br />