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this Agreement. Despite the [n|ninnun1 federal retention requirement of three (8) years, the more
<br />stringent State requirement of six (6)years must be followed.
<br />A.2O RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PLAN
<br />While the Department undertakes to assist the Subreciplent 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 Department undertakes no responsibility to the Subrecipient, or
<br />to any 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, GG these phrases are applicable to this project, is solely that of the SUbreC|pierd' as is
<br />responsibility for any claim or suit of any nature by any third party n*|otnd in any way to the project.
<br />Prior to the start of any construction activity, the Subreciplent 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 EDV|ruD[neOta| Policy Act, the NoUoD8| Historic Preservation Act. the EDdaOQ8nad Species
<br />Act, and all other environmental |aVVG. regulations and executive orders.
<br />The SUbrec|p|eOt ahe|| defend, at its Ovvn oVst, any and all claims orsuits @tlaw or In aquih/, vvh|oh may
<br />bobrought against the 8ubn]cip|gnt|Dconnection with the project, The 8ubreC|p|8Dtshall not look t0the
<br />[)epadmant, or to any state or federal agenCy, or to any of their employees or aggDta, for any
<br />performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or
<br />aftorneys'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.
<br />A.27 SEVERABILITY
<br />|fany court ofrightful jurisdiction holds any provision or condition under this Agreement orits application
<br />to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
<br />ofthe Agreement, which can be given effect without the invalid provision. To this end. the tm[[ne and
<br />conditions ofthis Agreement are declared severable.
<br />A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
<br />Non-federal entities, as subreciplents of a federal award, that expend $750,000 or more in one fiscal year
<br />of federal funds from all sources, direct and indirect, are required to have a single or a program -specific
<br />audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than
<br />$750,000 a year in federal awards are exempt from federal audit requirements for that year, except as
<br />noted In 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means
<br />a State, local government, Indian tribe, institution of higher education, or non-profit organization that
<br />carries out a federal award as a recipient or subreciplent.
<br />Subreciplents that are required to have an audit must ensure the audit is performed in accordance with
<br />Generally Accepted Government Auditing Standards (GAGAG) as found In the Government Auditing
<br />Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
<br />Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
<br />an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
<br />o federal auditor, or pUb||o accountant performing work using GAB/\8, as appropriate. Coots of the
<br />audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
<br />The SVbnooip|8ntshall maintain auditable records and accounts so aotofacilitate the audit requirement
<br />and shall ensure that any sub-contractors also [Da|Ota|D auditable records. The Gubnan|p|ant is
<br />responsible for any audit exceptions incurred by its uVVD organization or that of its sub-
<br />contractors. Responses to any unresolved management findings and disallowed or questioned 000io
<br />eheU be included with the audit report. Tha8ubrecip|eOt must respond to Department requests for
<br />information or o¢rnaoUve action ooDco[D|ng audit ieouae or findings within 30 days of the date of
<br />request. The Department reserves the right to recover from the Gub[eoipient all disallowed costs
<br />resulting from the audit.
<br />After the single audit has been completed, and if it Includes any audit findings, the 8ubnac|pieUt must
<br />send afull copy ofthe audit and Its corrective action plan to the Department at the following address no
<br />later than nine (Q) months after the end ofthe Gub[Gcip|anysfiscal year/s\:
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