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shall be included with the audit report. The Subrecipient must respond to Department requests for
<br />information or corrective action concerning audit issues or findings within 30 days of the date of
<br />request. The Department reserves the right to recover from the Subrecipient all disallowed costs
<br />resulting from the audit.
<br />After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
<br />send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
<br />later than nine (9) months after the end of the Subrecipient's fiscal year(s):
<br />Contracts Office
<br />Washington Military Department
<br />Finance Division, Building #1 TA-20
<br />Camp Murray, WA 98430-6032
<br />The Department retains the sole discretion to determine whether a valid claim for an exemption from the
<br />audit requirements of this provision has been established.
<br />Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
<br />requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
<br />of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
<br />in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
<br />being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
<br />or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
<br />submitted; or termination of the federal award.
<br />A.29 SUBRECIPIENT NOT EMPLOYEE
<br />The parties intend that an independent contractor relationship will be created by this Agreement. The
<br />Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
<br />of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
<br />be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
<br />any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
<br />the Department or of the state of Washington by reason of this Agreement, including, but not limited to,
<br />Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
<br />retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
<br />under Chapter 41.06 RCW.
<br />It is understood that if the Subrecipient is another state department, state agency, state university, state
<br />college, state community college, state board, or state commission, that the officers and employees are
<br />employed by the state of Washington in their own right and not by reason of this Agreement.
<br />A.30 TAXES, FEES AND LICENSES
<br />Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
<br />in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
<br />expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
<br />applicable to Agreement performance.
<br />A.31 TERMINATION FOR CONVENIENCE
<br />Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
<br />providing written notice of such termination to the Department Key Personnel identified in the Agreement,
<br />specifying the effective date thereof, at least thirty (30) days prior to such date.
<br />Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
<br />interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
<br />days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
<br />Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
<br />prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
<br />Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
<br />Department provided for in this section shall not be exclusive and are in addition to any other rights and
<br />remedies provided by law.
<br />A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
<br />The DEPARTMENT may unilaterally terminate or suspend all or part of this Grant Agreement, or may
<br />reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if
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