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An organization that expends $ 750 ,000 or more In a year in Federal awards shall have a single or <br />program-specific audit conducted for that year in accordance with the provision s of Omni Circular . The <br />audit must be completed along with a data collection form, and the reporting package shall be <br />submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the <br />end of the audit period . The audit report must' be sent to Federal Audit Clearing House; Bureau of the <br />Census; 1201 East 10th st; Jeffersonville, IN 47132. <br />All duly authorized auditors or their representatives of the State of Washington and of the CLO, GRANT, <br />shall have full access and the rights to examine any of these materials during this period, subject to <br />confidentiality laws and regulations. These records shall be retained for five (5) years . <br />PARTICIPANT shall adhere to all other Federal Grant requirements. <br />Restrictions on Funds (what funds can be used for which activities, not di rect payments/ etc): <br />1. Recipients may not use funds for research. <br />2. Recipients may not use funds for clinical care. <br />3. Recipients may only expend funds for reasonable program purposes, including personnel, travel, <br />supplies, and services, such as contractual . <br />4 . Recipients may not generally use HHS/CDC/ATSDR funding for the purchase of furniture or <br />equipment. However, if equipment purchase is integral to a selected strategy, it will be <br />considered. Any such proposed spending must be identified in the budget. <br />5. Recipients may not use funding for construction. <br />6. The direct and primary recipient in a cooperative agreement program must perform a <br />substantial role in carrying out project objectives and not merely serve as a conduit for an award <br />to another party or provider who is ineligible. <br />7. Reimbursement of pre-award costs is not allowed. <br />8. Recipients may not use funds for abortions in accordance with Executive Order 13535. <br />If requesting indirect costs in the budget a copy of the indirect cost rate agreement is required. If the <br />indirect cost rate is a provisional rate, the agreement should be less than 12. months of age. As per Omni <br />Circular if participant has never had a negotiated indirect rate they can request 10% de minimis rate . <br />Agreement Al terations and Ame n dments <br />GRANT and PARTICIPANT may mutually amend this agreement. Such amendments shall not by binding <br />unless they are in writing and signed by personnel authorized to bind PARTICIPANT and GRANT. <br />Indemnification <br />Each party shall defend, protect and hold harmless the other party from and against all claims, suits <br />and/or actions arising from any negligent or intentional act or omission of that party's employees, <br />agency and/or authorized subcontractor (5) while performing this contract. <br />Termination <br />Except as otherwise provided in this agreement, either party may terminate this agreement upon 90 <br />days written notification . If this agreement is so terminated, the termination party shall be liable only <br />Youth Tobacco Interagency Agreement-Kittitas Amendment#2 <br />10/28/16 Page 3