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E <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 monitoring 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 (Finance Policy <br />02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02-006-06). <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 reasonable assurance of <br />contractor compliance 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 />DHS-FEMA-EMPG-FFY 10 Page 7 of 21 City of Everett Emergency Management <br />72 E10-249 <br />