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Contract 435822
<br />(d) Allowable Costs. Recipient may only charge allowable costs to this Agreement, as otherwise
<br />provided herein. Any balance of unobligated cash that have been advanced or paid that is not
<br />authorized to be retained for direct program costs in a subsequent period must be returned to the
<br />District,
<br />(e) Audit Requirements. Recipient shall ensure that the audit complies with the requirements of
<br />§215.97(7), Fla. Stat. This includes submission of a financial reporting package as defined by
<br />§215.97(2), Fla. Stat., and chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
<br />for-profit organizations), Rules of the Auditor General. Recipient shall comply with the program
<br />requirements described in the Florida Catalog of State Financial Assistance (CSFA)
<br />[littps://apps.fldfs.com/fsaa/catalog.aspxj. The services/purposes for which the funds are to be
<br />used are included in the Statement of Work.
<br />(fj Financial Reporting. Recipient shall provide the District with a copy of any reports,
<br />management letters, or other information required to be submitted in accordance with chapters
<br />10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
<br />the Auditor General, as applicable, no more than 20 days after its preparation. Recipient shall
<br />indicate the date the reporting package was delivered to Recipient in correspondence
<br />accompanying the reporting package. This information shall be directed to: St. Johns River Water
<br />Management District, Finance Director, Office of Financial Services, 4049 Reid Street, Palatka,
<br />FL 32177. A copy of the report shall also be provided to the Auditor General's Office at the
<br />following address: State of Florida Auditor General, Room 401, Claude Pepper Building, I i 1
<br />West Madison Street, Tallahassee, Florida 32399-1450.
<br />(g) Monitoring. In addition to reviews of audits conducted in accordance with §215.97, Fla. Stat., as
<br />revised, monitoring procedures may include, but not be limited to, on-site visits by District staff,
<br />limited scope audits, and/or other procedures. Recipient agrees to comply and cooperate with any
<br />monitoring procedures/processes deemed appropriate by the District. In the event the District
<br />determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with
<br />any additional instructions provided by the District to Recipient regarding such audit. Recipient
<br />agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
<br />necessary by the District's Inspector General or the state Chief Financial Officer or Auditor
<br />General.
<br />(h) Examination of Records. In addition to the District's audit rights otherwise provided for herein,
<br />Recipient shall permit the District or its designated agent, the state awarding agency, the
<br />Department of Financial Services, the state's Chief Financial Officer and the state's Auditor
<br />General to examine Recipient's financial and non-financial records to the extent necessary to
<br />monitor Recipient's use of state financial assistance and to determine whether timely and
<br />appropriate corrective actions have been taken with respect to audit findings and
<br />recommendations, which may include onsite visits and limited scope audits.
<br />(i) Records Retention. Notwithstanding any other provision of this Agreement to the contrary,
<br />Recipient shall retain sufficient records demonstrating its compliance with the terms of this
<br />Agreement for a period of five years from the date the audit report is issued, and shall allow the
<br />District, or its designee, state Chief Financial Officer, or Auditor General access to such records
<br />upon request. Recipient shall ensure that audit working papers are made available for such access
<br />for a period of three years from the date the audit report is issued, unless extended in writing by
<br />the District.
<br />20. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
<br />TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be
<br />construed more strictly against one party than against the other because it may have been drafted by
<br />one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings
<br />arising fi•om or related to this Agreement: (1) venue for any state or federal legal proceedings shall be
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