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2023-263
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2023-263
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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 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 Budget <br />and Scope of Work - Attachment A - and all other applicable laws and regulations. <br />IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION <br />OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY <br />TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, <br />CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815- <br />4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, <br />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 (30) 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 />
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