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<br />Page 24 of 44 <br /> <br />9. Attorney’s Fees <br />Unless expressly permitted under another provision of the Contract, in the event of litigation or other action <br />brought to enforce Contract terms, each party agrees to bear its own attorneys’ fees and costs. <br /> <br />10. Audit <br />If the Subrecipient expends $1,000,000 or more in federal awards as a Subrecipient from any and all <br />sources in a fiscal year, the Subrecipient shall procure and pay for a single audit or a program-specific audit <br />for that fiscal year in accordance with 2 CFR 200 Subpart F. In accordance with BEAD General Terms and <br />Conditions 38, for-profit Subrecipients expending $1,000,000 or more in federal awards in a fiscal year must <br />submit either: (i) a financial related audit of each subgrant in accordance with Generally Accepted <br />Government Auditing Standards; or (ii) program-specific audit for each subgrant in accordance with the <br />requirements of 2 CFR 200.507 <br />Upon completion of each audit: <br />• If non-profit, Subrecipient shall send to the Federal Audit Clearinghouse. <br />• If for-profit, Subrecipient shall submit all audit documentation to COMMERCE. <br />• If the Subrecipient expends less than $1,000,000 in federal awards as a Subrecipient from any and <br />all sources in a fiscal year, whether non-profit or for-profit, the Subrecipient shall notify <br />COMMERCE they did not meet the audit requirement threshold. <br /> <br />11. Certification Regarding Debarment, Suspension or Ineligibility <br />and Voluntary Exclusion- Primary and Lower Tier Covered <br />Transactions <br />Subrecipient, defined as the primary participant and its principals, certifies by signing these General Terms <br />and Conditions that to the best of its knowledge and belief that they: <br />a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or <br />voluntarily excluded from covered transactions by any federal department or agency. <br />b. Have not within a three-year period preceding this Contract, been convicted of or had a civil <br />judgment rendered against them for commission of fraud or a criminal offense in connection with <br />obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation <br />of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, <br />falsification or destruction of records, making false statements, tax evasion, receiving stolen <br />property, making false claims, or obstruction of justice; <br />c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity <br />(federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of <br />federal Executive Order 12549; and <br />d. Have not within a three-year period preceding the signing of this Contract had one or more public <br />transactions (federal, state, or local) terminated for cause of default. <br />Where the Subrecipient is unable to certify to any of the statements in this Contract, the Subrecipient shall <br />attach an explanation to this Contract. <br />The Subrecipient agrees by signing this Contract that it shall not knowingly enter into any lower tier covered <br />transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from <br />participation in this covered transaction, unless authorized by COMMERCE.