Res 2010-133 - Laserfiche WebLink

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11. Prohibition on Use of Third Parties to Secure Award. Unless otherwise specified in the special award conditions to this Award, the Recipient warrants that no person or selling agency has been employed or retained to solicit or secure this Award upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Recipient for the purpose of securing business. For breach or violation of this warrant, the Government has the right to annul this Award without liability, or at its discretion, to deduct from the Award sum, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 12. Payment of Attorneys' or Consultants' Fees. No Award funds shall be used, directly or indirectly, to reimburse attorneys' or consultants' fees incurred in conriection with obtaining investment assistance under PWEDA, such as, for example, preparing the application for EDA investment assistance. However, ordinary and reasonable attorneys' and consultants' fees incurred for meeting Award requirements, such as, for example, conducting a title search or preparing plans and specifications, may be eligible Project costs and may be paid out of Award funds. provided such costs are otherwise eligible. See 13 C.F.R. § 302.10. 13. Commencement of Construction. a. Delaved Construction Starts. If significant construction (as determined by EDA) is not commenced within two years of the Award date or by the date estimated for start of construction in this Award (or the expiration of any extension granted in writing by EDA), whichever is later, this Award will be automatically suspended and may be terminated if EDA determines, after consultation with the Recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. If significant construction has not been commenced within three years of the Award date, an extension must be approved by the Assistant Secretary. b. Early Construction Starts. The Recipient shall make a written request to EDA for early construction start permission (that is, after the date of Award, but before EDA gives formal approval for construction to commence). For Project costs to be eligible for EDA reimbursement, EDA must determine that the award of all contracts necessary for design and construction of the Project facilities is in compliance with the Terms and Conditions of this Award. If construction commences prior to EDA's determination, the Recipient proceeds at its own risk until FDA's review and concurrence. See 13 C.F.R. § 305.11. c. project Sign. The Recipient is responsible for constructing, erecting. and maintaining in good condition throughout the construction period a sign (or signs) in a conspicuous place at the Project site indicating that the Federal Government is participating in the Project. EDA will provide specifications for the sign and may require more than one sign if site conditions so warrant. If the EDA - recommended sign specifications conflict with State or local law. the Recipient may modify such recommended specifications so as to comply with State or local law. Sec 13 C.P.R. § 305.12. 14. Efficient Administration of Project. The Recipient agrees to properly and efficiently administer. operate. and maintain the Project for its estimated useful life, as required by section 504 of PWEDA (42 U.S.C. § 3194). If the Government determines. at any time during the estimated useful life of the facility, that the Project is not being properly and efficiently 12