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DocuSign Envelope ID:27562A39-54B9-4980-BOFD-AEIDCBC76974 <br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT <br /> OGG-07!17 <br /> Page 7 of 16 <br /> established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and <br /> established by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or <br /> after December 26,2014, in federal awards in a fiscal year and elects to have an audit conducted <br /> in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before <br /> December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, _ <br /> for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from <br /> non-federal resources (i.e., the cost of such an audit must be paid from the Agency's resources <br /> obtained from other than federal entities). <br /> iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at <br /> https://harvester.census.govlfacweb/the audit reporting package as required by OMB Circular A- <br /> 133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, <br /> Subpart F-Audit Requirements,for fiscal years beginning on or after December 26,2014,within <br /> the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end <br /> of the audit period. The FAC is the repository of record for audits required by OMB Circular A- <br /> s 133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part <br /> 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014, <br /> and this Agreement. However, the Department requires a copy of the audit reporting package <br /> also be submitted to FDOTSinoleAudit .dot.state.fl.us within the earlier of 30 calendar days after <br /> receipt of the auditor's report(s) or nine months after the end of the audit period as required by <br /> OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 <br /> CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December <br /> 26, 2014. <br /> v. Within six months of acceptance of the audit report by the FAC, the Department will review the <br /> Agency's audit reporting package, including corrective action plans and management letters, to <br /> the extent necessary to determine whether timely and appropriate action on all deficiencies has <br /> been taken pertaining to the federal award provided through the Department by this Agreement. If <br /> the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal <br /> years beginning before December 26,2014, and in accordance with 2 CFR Part 200, Subpart F- <br /> Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department <br /> may impose additional conditions to remedy noncompliance. If the Department determines that <br /> noncompliance cannot be remedied by imposing additional conditions, the Department may take <br /> appropriate actions to enforce compliance, which actions may include but not be limited to the <br /> following: <br /> 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency <br /> or more severe enforcement action by the Department; <br /> 2. Disallow(deny both use of funds and any applicable matching credit for)all or part of the <br /> cost of the activity or action not in compliance; <br /> 3. Wholly or partly suspend or terminate the federal award; <br /> 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and <br /> federal awarding agency regulations(or in the case of the Department, recommend such <br /> a proceeding,be initiated by the federal awarding agency); <br /> 5. Withhold further federal awards for the Project or program; <br /> 6. Take other remedies that may be legally available. <br /> vi. As a condition of receiving this federal award, the Agency shall permit.the Department, or its <br /> designee, the CFO or State of Florida Auditor General access to Agency's records including <br /> financial statements,the independent auditor's working papers and project records as necessary. <br /> Records related to unresolved audit findings, appeals or litigation shall be retained until the action <br /> is complete or the dispute is resolved. <br />