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2003-223
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2003-223
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, <br /> (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public <br /> Law 101 -336, 42 U . S . C . Section 12101 et seg . ), if applicable, which prohibits discrimination by public <br /> and private entities on the basis of disability in the areas of employment, public accommodations, <br /> transportation , State and local government services, and in telecommunications . <br /> (f) A person or affiliate who has been placed on the convicted vendor list following a <br /> conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a <br /> contract to provide any goods or services to a public entity, may not submit a bid on a contract with a <br /> public entity for the construction or repair of a public building or public work, may not submit bids on <br /> leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, <br /> subcontractor, or consultant under a contract with a public entity, and may not transact business with any <br /> public entity in excess of Category Two for a period of 36 months from the date of being placed on the <br /> convicted vendor or discriminatory vendor list . <br /> ( 12) AUDIT REOUIREMENTS <br /> (a) The Recipient agrees to maintain financial procedures and support documents, in <br /> accordance with generally accepted accounting principles, to account for the receipt and expenditure of <br /> funds under this Agreement. <br /> (b) These records shall be available at all reasonable times for inspection, review, or . <br /> audit by state personnel and other personnel duly authorized by the Department. "Reasonable " shall be <br /> construed according to circumstances, but ordinarily shall mean normal business hours of 8 : 00 a.m . to <br /> 5 : 00 p .m . , local time, Monday through Friday. <br /> (c) The Recipient shall also provide the Department with the records, reports or <br /> financial statements upon request for the purposes of auditing and monitoring the funds awarded under <br /> this Agreement. <br /> (d) If the Recipient is a State or local government or a non-profit organization as defined <br /> in OMB Circular A- 133 , as revised, and in the event that the Recipient expends $300, 000 or more in <br /> Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in <br /> accordance with the provisions of OMB Circular A- 133 , as revised . EXHIBIT 1 to this Agreement <br /> indicates Federal resources awarded through the Department by this Agreement. In determining the <br /> Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, <br /> including Federal resources received from the Department. The determination of amounts of Federal <br /> awards expended should be in accordance with the guidelines established by OMB Circular A- 133 , as <br /> revised . An audit of the Recipient conducted by the Auditor General in accordance with the provisions <br /> of OMB Circular A- 133 , as revised, will meet the requirements of this paragraph . <br /> In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient <br /> shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB <br /> Circular A- 133 , as revised . <br /> If the Recipient expends less than $300, 000 in Federal awards in its fiscal year, an audit <br /> conducted in accordance with the provisions of OMB Circular A- 133 , as revised, is not required. In the <br /> event that the Recipient expends less than $300, 000 in Federal awards in its fiscal year and elects to have <br /> an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised, the cost of the <br /> 8 <br />
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