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DAAS-735_COVID19 (revised 5/1/2020) in an amount less than Yellow Book) $750,000 • $500,000+ in State funds Audited Financial Statement in May use State and Federal and $750,000+ in Federal compliance with OMB Uniform funds pass through funds Guidance 2 CFR Part 200 (i.e. Single Audit) • Less than $500,000 in State Audited Financial Statement in May use Federal funds, funds and $750,000+ in compliance with OMB Uniform but not State funds. Federal pass through funds Guidance 2 CFR Part (i.e. Single Audit) 13. Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the community service providers are responsible to the Area Agency for clarifying any audit exceptions that may arise from any Area Agency assessment, community service provider single or financial audit, or audits conducted by the State or Federal Governments. In the event that the Area Agency or the Department of Health and Human Services disallows any expenditure made by the community service provider for any reason, the Provider shall promptly repay such funds to the Area Agency once any final appeal is exhausted in accordance with paragraph ten (10). The only exception is if the Area Agency on Aging is approved to provide direct services under the FFCRA and/or the CARES Act and expenditures are disallowed by the Division of Aging and Adult Services. In this case, the Area Agency is responsible for any disallowed costs. The Area Agency on Aging can recoup any required payback from the community service provider in the event that payback is due to a community service provider's failure to meet OMB Uniform Guidance CFR 2 Part 200, 45 CFR Part 1321 or state eligibility requirements as specified in policy. 14. Indemnity. The Provider agrees to indemnify and save harmless the Area Agency, its agents, and employees from and against any and all loss, cost, damages, expenses, and liability arising out of performance under this Agreement to the extent of errors or omissions of the Provider. 15. Equal Employment Opportunity and Americans With Disabilities Act Compliance. The Provider, as identified in paragraph one (1), shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. 16. Data to be Furnished to the Provider. All information which is existing, readily available to the Area Agency without cost and reasonably necessary, as determined by the Area Agency's staff, for the performance of this Agreement by the Provider shall be furnished to the Provider without charge by the Area Agency. The Area Agency, its agents and employees, shall fully cooperate, with the Provider in the performance of the Provider's duties under this Agreement. 6