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<br /> A.29 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 Federal award funds pursuant to this Agreement, the project itself
<br /> remains the sole responsibility of the SUBRECIPIENT.
<br /> The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to any third party, other
<br /> 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, 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
<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 /> A.30 SEVERABILITY
<br /> If any court of rightful jurisdiction holds any provision or condition under this Agreement or its
<br /> application to any person or circumstances invalid, this invalidity does not affect other provisions, terms
<br /> or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the
<br /> terms and conditions of this Agreement are declared severable.
<br /> A.31 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
<br /> Non-federal entities, as SUBRECIPIENTs of a federal award, that expend $750,000 or more in one
<br /> fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a
<br /> program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F Non-federal entities
<br /> that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for
<br /> that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-
<br /> federal entity" means a State, local government, Indian tribe, institution of higher education, or non-
<br /> profit organization that 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 accordance
<br /> with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government
<br /> Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General
<br /> and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its
<br /> auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the
<br /> Washington State Auditor's Office, a federal auditor, or a public accountant performing work using
<br /> GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2
<br /> CFR Part 200 Subpart F.
<br /> The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
<br /> requirement and shall ensure that any sub-contractors also maintain auditable records.
<br /> The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of
<br /> its sub-contractors. Responses to any unresolved management findings and disallowed or questioned
<br /> costs shall be included with the audit report. The SUBRECIPIENT must respond to DEPARTMENT
<br /> requests for information or corrective action concerning audit issues or findings within 30 days of the
<br /> date of request. The DEPARTMENT reserves the right to recover from the SUBRECIPIENT all
<br /> disallowed costs resulting from the audit.
<br /> Once the single audit has been completed and it includes any audit findings, the SUBRECIPIENT must
<br /> send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
<br /> months after the end of the SUBRECIPIENT's fiscal year(s) to:
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