Ammendment to FFY21 EMPG-ARPA Emergency Management Grant Agreement

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4.29 4.30 4.31 The Subrecipientshall maintain auditable records and accounls so as to facililate the audit requirement and shallensure ihat any subcontractors also maintain auditable records. The Subrecipient is reiponsiOiJ for any,audit excepllons tlgurred by its own.grganization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included'witn tne auOit report. The Subrecipient must respond to Department requests for information or conective ac.lion concerning audit issues o,r findlngs within 30 days of the date of request. The Department reserves the right to reco\rer from the Subrecipient alldisallorired costs resulting from the audit. Afier the single audit has.been completed, and if it includes any audil ftndings, the Subrecipient must gend 1 fult ctpy of the audit and its Conective Adion Plan to the bepartment at the following iOOress no laterthan nine (9) months afrer the end of the subrecipient's fiscal year(s): Conlracts Office Was hl n gton illlltary Department Flnance Dlvlslon, Bulldlng #l TA.20 Gamp Murray, WA 98430-5032 The Deparfinent retalns the sole discretion to determine whether a valid claim for an exemption from the audit reqlirements of this provision has been established. Conducting a single-or programlspecific audit in compliance with 2 CFR Part 200 Subpart F is a materialrgqu{glq$ oltftlsfereement. ln the absence of a valid claim of exemption from the iudit requirements of 2 CFR Part 200 Subpart.F, the Subrecipienfe failure to comply with siiO audit requiremenls inay result in one or more of the followlng aclions in the Departmenfs sole discretion: a per@ntlge of federal iwards being withheld unlilthe audit is completed in accordance with 2 CFR Pail 2tp Subpai F; the withhokting or disallowing of overhead costs; the suspension of federat awards until the auOit is conducted ani submitted; or termlnation of tre federal award. SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The S-u.lreglnient, and/or employees or agents performing underthis Agreanrent are n6t emptolees or agents of the_Departnent in any manner whatsoever. The Subrecipient witl not be presented ai, nor cldm Io be, an o{c9r or employee of thc Department by reason ol this Agreemenl, nbr will the Subrecipient make any claim, demand, or applicatiol to or for any right or prMlege app$cable to an ofricer or einptoyee of !f9 Depailment w of the- state ol Washington by reason of this Agreement, induding, but not limiled U,Workmen's Compensation cov.erage, unemployment lnsurance beneftts, sociai- security benefits, relirement membership_orcredlt, or privilege or benefit whlch would amrue to a civllservfd emptoyee under Chapter 41.06 RCW. It is underctood that if the Subrecipient is anolher state department, state agancy, state university, state college, state communfi^college, state board, or state commission, thathJofiii*E aru employ6es are employed by the state of Washington in their own rlght and not by reason of this Agreement.' TAXES. FEES AND L|C-ENSFS Unless otherwbe provided ln this Agreement, lhe Subrecipient shall be responsible for, pay and maintain in cunenl status alltaxes,.une-mplgyment mntributions, fe€s, licenses, assissments, pe'rmit charges and expgnT.s d ?ny other kind for tte Subrecipient or its staff required by statute oriegulation ltrat arc applicable to Agreemenl performance, TERMT NATTON FOR CONVENTENCE Notwithstanling any prwisions of this Agreemelt the Subrecipient may terminate tris Agreement byproviding writteq nothe of sudr termination to the Department Key Personipl irtentilbrl in the-Agreemenf, speciffirg the efieciive date thereof, at least thuty (30) days prioi to such date. Exoept as c{heruise prwided in this Agreement, the Department, in its sole discretion and in the best lnteresB of lhe $ate of \lUashington, may terminate this Agreement in whots or in part ten (10) busines days after ernailing nolie. .Upqn notice of termination for convEnience, the Depailmenl reserv6s the rlght to sus.perd dl or part.of the Ag-reement, withhold further payments, or pohibit the Subreclpient f6m incurdng additional obliga0om of funds. ln the evenl ot termindtion, the Stibreciplent shall be liibte for all d.arygSes_ as auhorized by lar. The rights and remedies of the Department piovlrted for in this section shall not be exdusive and are in addition to any other rights and remedies pr6vrueO by lar. DHS.FEMA.EMPGAIIPAFFY2 i Page 19 ol 34 Kitrtas Gornty Shqifrs Offics EM, E2ZA64