2004-001 - Laserfiche WebLink

Home Browse Search

22 . The LOCAL SPONSOR shall maintain books , records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT , the State , or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion . In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes . 23 . In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E- 1 ( Special Audit Requirements ) , attached hereto and incorporated herein by reference . Exhibit 1 summarizes the funding sources supporting the Agreement -for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E- 1 . A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease . If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1 , the LOCAL SPONSOR shall notify the DEPARTMENT ' s Grant Manager to request a copy of the updated information. The LOCAL SPONSOR is hereby noticed that the Florida Single Audit Act and Special Audit Requirements may further apply to subcontracts and lower tier transactions that may result pursuant to this Agreement . The LOCAL SPONSOR may confer with its chief financial officer, audit director or contact the state officials identified under Part II of Attachment E- 1 for assistance with questions pertaining to the applicability of these requirements . 24 . In accordance with Section 216 . 347 , Florida Statutes , the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature , the judicial branch or a state agency. 25 . The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 26 . This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida . Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law , but if any provision of this Agreement shall be prohibited or invalid under applicable law , such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement . Any action hereon or in connection herewith shall be brought in Leon County, Florida. 27 . No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party ; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 28 . To the extent required by law , the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Worker' s Compensation Insurance for all of its employees connected with the work of this project and , in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Worker' s Compensation Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker' s Compensation law . In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker' s Compensation statutes , the Grantee shall provide, and cause each subcontractor to provide , adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected . 29 . The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. DEP Agreement No . 98181 , Amendment No. 5 , Page 5 of 8