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7 <br />ARRA-735 <br />8/09 <br />• $500,00+ in State funds Audited Financial Statement in <br />and Federal pass through compliance with GAO/GAS (i.e. <br />in an amount less than Yellow Book) <br />$500,000 <br />$500,000+ in State funds <br />and $500,000+ in Federal <br />pass through funds (i.e. <br />at least $1,000,000) <br />Audited Financial Statement in <br />compliance with OMB Circular <br />A-133 (i.e. Single Audit) <br />• Less than $500,000 in State <br />funds and $500,000+ in <br />Federal pass through funds <br />Audited Financial Statement in <br />compliance with OMB Circular <br />A-133 (i.e. Single Audit) <br />May use State funds, but <br />not Federal Funds <br />May use State and Federal <br />funds <br />May use Federal funds, <br />but not State funds. <br />12. Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the <br />community service providers are responsible to the Area Agency for clarifying any audit <br />exceptions that may arise from any Area Agency assessment, county or community service <br />provider single or financial audit, or audits conducted by the State or Federal Governments. In <br />the event that the Area Agency or the Department of Health and Human Services disallows any <br />expenditure made by the community service provider for any reason, the County shall promptly <br />repay such funds to the Area Agency once any final appeal is exhausted in accordance with <br />paragraph nine (9). The only exceptions are if the Area Agency on Aging is designated as a <br />community service provider through the County Funding Plan or, if as a part of a procurement <br />process, the Area Agency on Aging enters into a contractual agreement for service provision <br />with a provider which is in addition to the required County Funding Plan formats. In these <br />exceptions, the Area Agency is responsible for any disallowed costs. The County or Area <br />Agency on Aging can recoup any required payback from the community service provider in the <br />event that payback is due to a community service provider's failure to meet OMB Circular A- <br />122 requirements, requirements of A-110, requirements of 45CFR, Part 1321, and 45CFR, Part <br />92, or state eligibility requirements as specified in policy. <br />13. Indemnity. The County agrees to indemnify and save harmless the Area Agency, its agents, <br />and employees from and against and all loss, cost, damages, expenses, and liability arising out <br />of performance under this Agreement to the extent of errors or omissions of the County. <br />14. Equal Employment Opportunity and Americans with Disabilities Act Compliance. Both the <br />County and community service providers, as identified in paragraph one (1), shall comply with <br />all federal and state laws relating to equal employment opportunity and accommodation for <br />disability. <br />6 <br />