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<br />2. Contractor shall have an audit made in accordance with the Single <br />Audit Act of 1984, 31 U.S.C. Sec. 7501 et seq., and OMB Circular No. <br />128, uAudits of State and Local Governments", 50 Fed. Reg. 19114 (May 6, <br />1985), and 24 CFR Part 44 for any of its fiscal years included within <br />the contract period specified in Section 2 of this contract in which <br />Contractor receives $25,000 or more in federal financial assistance. <br />For purposes of this Section 20, IIfederal financial assistance" means <br />assistance provided by a federal agency in the form of grants, <br />contracts, loans, loan guarantees, property, cooperative agreements, <br />interest subsidies, insurance or direct appropriations, but does not <br />include direct federal cash assistance to individuals. The term <br />includes awards of federal financial assistance received directly from <br />federal agencies, or indirectly through other units of state and local <br />government; <br /> <br />3. At the option of Contractor, each audit required by this Section <br />may cover either Contractor1s entire operations or each department, <br />agency, or establishment of Contractor which received, expended, or <br />otherwise administered federal financial assistance. <br /> <br />4. Unless otherwise specifically authorized by Department in writing, <br />Contractor shall submit the report of such audit to Department within <br />thirty (30) days after the completion of the audit, but no later than <br />one year after the end of the audit period. Audits performed under <br />subsection A of this Section 20 are subject to review and resolution by <br />Department or its authorized representative. <br /> <br />B. Notwithstanding subsection A of this Section 20, Department reserves the <br />right to conduct an annual financial and compliance audit of funds received <br />and performances rendered under this contract. Contractor agrees to permit <br />Department or its authorized representative to audit Contractor's records <br />and to obtain any documents, materials, or information necessary to <br />facilitate such audit. <br /> <br />C. Contractor understands and agrees that it shall be liable to Department <br />for any costs disallowed pursuant to financial and compliance audit(s) of <br />funds received under this contract. Contractor further understands and <br />agrees that reimbursement to Department of such disallowed costs shall be <br />paid by Contractor from funds which were not provided or otherwise made <br />available to Contractor under this contract. <br /> <br />D. Contractor shall take such action to facilitate the performance of such <br />audit or ðudits conducted pursuant to this Section 20 as Department may <br />require of Contractor. <br /> <br />SECTION 21. <br /> <br />SPECIAL CONDITIONS <br /> <br />A. Department shall not release any funds for any costs incurred by <br />Contractor under this contract until Department has received certification <br />from Contractor that its fiscal control and fund accounting procedures are <br />adequate to assure the proper disbursal of and accounting for funds provided <br />under this contract. Department shall specify the content and form of such <br />certification. <br /> <br />Page 10 of 12 <br />