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2017-108
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2017-108
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Last modified
10/13/2017 1:17:16 PM
Creation date
8/18/2017 9:48:22 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/15/2017
Control Number
2017-108
Agenda Item Number
8.M.
Entity Name
State of Florida Division of Emergency Management
Subject
Hazards Analysis
Hazardous Materials
Area
Emergency Services Division
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d. Florida's Public Records Law provides a right of access to the records of the state <br /> and local governments as well as to private entities acting on their behalf. Unless specifically exempted <br /> from disclosure by the Legislature, all materials made or received by a governmental agency(or a private <br /> entity acting on behalf of such an agency) in conjunction with official business which are used to <br /> perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. <br /> The mere receipt of public funds by a private entity, standing a|one, is insufficient to bring that entity <br /> within the ambit of the public record requirements. However, when a public entity delegates a public <br /> function to a private entity,the records generated by the private entity's performance of that duty become <br /> public records. Thus, the nature and scope of the services provided by a private entity determine whether <br /> that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's <br /> Public Records Law. <br /> e. The Recipient shall maintain all records for the Recipient and for all subcontractors or <br /> consultants to be paid from funds provided under this Agreement, including documentation of all program <br /> costs, in a form sufficient to determine compliance with the requirements and objectives of the <br /> Deliverables and Performance-Attachment B-and all other applicable laws and regulations. <br /> (10) AUDITS <br /> a. In accounting for the receipt and expenditure of funds under this Agreement, the <br /> Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. <br /> §200.49, GAAP"has the meaning specified in accounting standards issued by the Government <br /> Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." <br /> b. When conducting an audit of the Recipient's performance under this Agreement, the <br /> Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 <br /> C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government <br /> auditing standards issued by the Comptroller General of the United States, which are applicable to <br /> financial audits." <br /> c. If an audit shows that all or any portion of the funds disbursed were not spent in <br /> accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to <br /> the Division of all funds not spent in accordance with these applicable regulations and Agreement <br /> provisions within thirty days after the Division has notified the Recipient of such non-compliance. <br /> d. The Recipient shall have all audits completed by an independent auditor, which is <br /> defined in Section 215.97(2)(i), Florida Statutes, as"an independent certified public accountant licensed <br /> under chapter 473." The independent auditor shall state that the audit complied with the applicable <br /> provisions noted above. The audits must be received by the Division no later than nine months from the <br /> end of the Recipient's fiscal year. <br /> e. The Recipient shall send copies of reporting packages required under this paragraph <br />
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