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<br /> purposes of determining compliance by the Subrecipient with the terms of this
<br /> Agreement and to determine the appropriate level of funding to be paid under the
<br /> 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
<br /> Subrecipient's normal working day.
<br /> d. The Subrecipient shall retain and allow access to all records related to this Agreement
<br /> and the funded project(s) for a period of at least six (6) years following final payment
<br /> and closure of the grant under this Agreement. Despite the minimum federal retention
<br /> requirement of three (3) years, the more stringent State requirement of six (6) years
<br /> must be followed.
<br /> A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK 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,
<br /> the project itself remains the sole responsibility of the Subrecipient. The Department
<br /> undertakes no responsibility to the Subrecipient, or to any third party, other than as is
<br /> expressly set out in this Agreement.
<br /> The responsibility for the design, development, construction, implementation, operation
<br /> and maintenance of the project, as these phrases are applicable to this project, is solely
<br /> that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third
<br /> party related in any way to the project.
<br /> Prior to the start of any construction activity, the Subrecipient shall ensure that all
<br /> applicable Federal, State, and local permits and clearances are obtained, including but
<br /> not limited to FEMA compliance with the National Environmental Policy Act, the National
<br /> Historic Preservation Act, the Endangered Species Act, and all other environmental laws,
<br /> regulations and executive orders.
<br /> The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in
<br /> equity,which may be brought against the Subrecipient in connection with the project. The
<br /> Subrecipient shall not look to the Department, or to any state or federal agency, or to any
<br /> of their employees or agents, for any performance, assistance, or any payment or
<br /> indemnity, including but not limited to cost of defense and/or attorneys'fees, in connection
<br /> with any claim or lawsuit brought by any third party related to any design, development,
<br /> construction, implementation, operation and/or maintenance of a project.
<br /> A.27 SEVERABILITY
<br /> If any court of rightful jurisdiction holds any provision or condition under this Agreement or
<br /> its application to any person or circumstances invalid, this invalidity does not affect other
<br /> provisions, terms or conditions of the Agreement, which can be given effect without the
<br /> invalid provision. To this end, the terms and conditions of this Agreement are declared
<br /> severable.
<br /> A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
<br /> Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more
<br /> in one fiscal year of federal funds from all sources, direct and indirect,are required to have
<br /> a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart
<br /> F. Non-federal entities that spend less than$750,000 a year in federal awards are exempt
<br /> from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart
<br /> F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local
<br /> government, Indian tribe, institution of higher education, or non-profit organization that
<br /> carries out a federal award as a recipient or subrecipient.
<br /> Subrecipients that are required to have an audit must ensure the audit is performed in
<br /> accordance with Generally Accepted Government Auditing Standards (GAGAS) as found
<br /> in the Government Auditing Standards(the Revised Yellow Book) developed by the United
<br /> States Comptroller General and the OMB Compliance Supplement. The Subrecipient has
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