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<br />8 <br /> <br />5. AMENDMENTS <br />This Grant may be amended by mutual agreement of the parties. Such amendments shall not be <br />binding unless they are in writing and signed by personnel authorized to bind each of the parties. <br />6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as <br />the “ADA” 28 CFR Part 35 <br />The Grantee must comply with the ADA, which provides comprehensive civil rights protection to <br />individuals with disabilities in the areas of employment, public accommodations, state and local <br />government services, and telecommunications. <br />7. ASSIGNMENT <br />Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the <br />Grantee without prior written consent of COMMERCE. <br />8. ATTORNEY’S FEES <br />Unless expressly permitted under another provision of the Grant, in the event of litigation or other <br />action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs. <br />9. AUDIT <br />A. General Requirements <br />Grantees are to procure audit services based on the following guidelines. <br />The Grantee shall maintain its records and accounts so as to facilitate audit s and shall ensure <br />that Subgrantee/subcontractors also maintain auditable records. <br />The Grantee is responsible for any audit exceptions incurred by its own organization or that of its <br />Subgrantee/subcontractors. <br />COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from <br />the audit. <br />Responses to any unresolved management findings and disallowed or questioned costs shall be <br />included with the audit report. The Grantee must respond to COMMERCE requests for <br />information or corrective action concerning audit issues within thirty (30) days of the date of <br />request. <br />B. Federal Funds Requirements – 2 CFR Part 200 <br />Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in <br />federal funds from all sources, direct and indirect, are required to have an audit conducted in <br />accordance with 2 CFR Part 200 Subpart F. For fiscal years beginning prior to December 26, <br />2014, Grantees are required to have an audit conducted in accordance with Federal audit <br />requirements. When state funds are also to be paid under this Agreement a Schedule of State <br />Financial Assistance as well as the required schedule of Federal Expenditure must be included. <br />Both schedules include: <br />Grantor agency name <br />Federal agency <br />Federal program name <br />Other identifying contract numbers <br />Catalog of Federal Domestic Assistance (CFDA) number (if applicable) <br />Grantor contract number <br />Total award amount including amendments (total grant award) <br />Current year expenditures <br /> <br />If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct <br />the audit. Audits of non-profit organizations are to be conducted by a certified public accountant <br />selected by the Grantee in accordance with 2 CFR Part 200. <br />The Grantee shall include the above audit requirements in any subgrants/subcontracts. <br />In any case, the Grantee’s financial records must be available for review by COMMERCE.