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2018-165
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Last modified
1/4/2021 10:59:32 AM
Creation date
9/18/2018 4:03:26 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/11/2018
Control Number
2018-165
Agenda Item Number
8.M.
Entity Name
State of Florida, Division of Emergency Management
Subject
2018/2019 State Funded Subgrant Agreement
Hazardous Analysis Grant
Area
Agreement Number: 19-CP-11-10-40-01-__
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The mere receipt of public funds by a private entity, standing alone, 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 Scope of <br />Work - Attachment B - and all other applicable laws and regulations. <br />IF THE CONTRACTOR HAS QUESTIONS REGARDING THE <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING <br />TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC <br />RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 <br />Shumard Oak Boulevard, Tallahassee, FL 32399. <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 />5 <br />
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