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connection of the County's name may, in the County's judgment, be inferred or implied. The Subrecipient
<br /> agrees not to publish or use such advertising and publicity matters without the prior written consent of
<br /> the County. The Subrecipient may copyright original work it develops in the course of or under this
<br /> Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and
<br /> irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for
<br /> government purposes.
<br /> Publication resulting from work performed under this Agreement shall include an acknowledgement of
<br /> FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
<br /> endorsement by FEMA or reflect FEMA's views.
<br /> A.25 RECAPTURE PROVISION
<br /> In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
<br /> federal, state, and local laws, regulations and/or the provisions of the Agreement, the County reserves
<br /> the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of
<br /> recapture shall exist for the life of the project following Agreement termination. Repayment by the
<br /> Subrecipient of funds under this recapture provision shall occur within 30 days of demand.
<br /> In the event the County is required to institute legal proceedings to enforce the recapture provision, the
<br /> County shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient.
<br /> A.26 RECORDS
<br /> a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices, and all other
<br /> electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts,
<br /> subawards, grant administration, and payments, including all direct and indirect charges, and
<br /> 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 and
<br /> audited by the County, the Department or its designee, by the Office of the State Auditor, DHS, FEMA
<br /> or their designees, by the Comptroller General of the United States or its designees, or by other state
<br /> or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient
<br /> with the terms of this Agreement and to determine the appropriate level of funding to be paid under
<br /> the Agreement.
<br /> c. The records shall be made available by the Subrecipient for such inspection and audit, together with
<br /> suitable space for such purpose, at any and all times during the Subrecipient's normal working day.
<br /> d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded
<br /> project(s) for a period of at least six (6) years following final payment and closure of the grant under
<br /> this Agreement. Despite the minimum federal retention requirement of three (3) years, the more
<br /> stringent State requirement of six (6) years must be followed.
<br /> A.27 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
<br /> While the County undertakes to assist the Subrecipient with the project/statement of work/work plan
<br /> (project) by providing Federal award funds pursuant to this Agreement, the project itself remains the sole
<br /> responsibility of the Subrecipient. The County undertakes no responsibility to the Subrecipient, or to any
<br /> 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 may
<br /> be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
<br /> County, or to any state or federal agency, or to any of their employees or agents, for any performance,
<br /> assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys'
<br /> fees, in connection with any claim or lawsuit brought by any third party related to any design,
<br /> development, construction, implementation, operation and/or maintenance of a project.
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