2018-202 - Laserfiche WebLink

Home Browse Search

Contract#IRL2018-13 Encumbrance#s GL01-1701($36,000)& GLOM 895($25,000) Sebastian,FL 32958.A copy of the report shall also be provided to the Auditor General's Office at the following address: State of Florida Auditor General,Room 401, Claude Pepper Building, 111 West Madison Street, Tallahassee,Florida 32399-1450. (g) Monitoring. In addition to reviews of audits conducted in accordance with section 215.97,Fla. Stat., as revised,monitoring procedures may include, but not be limited to, on-site visits by Council staff, limited scope audits, and/or other procedures. Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Council. In the event the Council determines that a limited scope audit of Recipient is appropriate,Recipient agrees to comply with any additional instructions provided by the Council to Recipient regarding such audit. Recipient agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Council's Independent Financial Auditor or the state Chief Financial Officer or Auditor General. (h) Examination of Records. In addition to the Council's audit rights otherwise provided for herein, Recipient shall permit the Council or its designated agent,the state awarding agency,the Department of Financial Services,the state's Chief Financial Officer and the state's Auditor General to examine Recipient's financial and non-financial records to the extent necessary to monitor Recipient's use of state financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations, which may include onsite visits and limited scope audits. (i) Records Retention.Notwithstanding any other provision of this Agreement to the contrary,Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Council, or its designee, state Chief Financial Officer, or Auditor General access to such records upon request. Recipient shall ensure that audit working papers are made available for such access for a period of three years from the date the audit report is issued, unless extended in writing by the Council. 17. GOVERNING LAW,VENUE,ATTORNEY'S FEES,WAIVER OF RIGHT TO JURY TRIAL.This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties.As used herein,"shall"is always mandatory.In the event of any legal proceedings arising from or related to this Agreement: (1)venue for any state or federal legal proceedings shall be in Indian River County;(2)each party shall bear its own attorney's fees, including appeals;(3)for civil proceedings,the parties hereby consent to trial by the court and waive the right to jury trial. 18. INDEPENDENT ENTITIES.The parties to this Agreement,their employees and agents,are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement.Recipient is not a contractor of the Council.The Council is providing cost-share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor,health insurance,and tax laws pertaining to Recipient, Page 8