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2004-164
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2004-164
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In accordance with § 215 . 34 (2) , Fla . Stat. , if a check or other draft is returned to the Department <br /> for collection , the Department must add to the amount of the check or draft a service fee of Fifteen Dollars <br /> ($ 15 . 00) or Five Percent (5 % ) of the face amount of the check or draft, whichever is greater. <br /> (5) RECORDKEEPING . <br /> (a) The Recipient shall retain sufficient records demonstrating its compliance with the <br /> terms of this Agreement for a period of five years from the date the audit report is issued , and shall allow <br /> the Department or its designee, Comptroller, or Auditor General access to such records upon request. <br /> The Recipient shall ensure that audit working papers are made available to the Department or its <br /> designee , Comptroller, or Auditor General upon request for a period of five years from the date the audit <br /> report is issued , unless extended in writing by the Department, with the following exceptions : <br /> 1 . If any litigation , claim or audit is started before the expiration of the five year <br /> period and extends beyond the five year period , the records will be maintained until all litigation , claims or <br /> audit findings involving the records have been resolved . <br /> 2 . Records for the disposition of non -expendable personal property valued at <br /> $ 5 , 000 or more at the time of acquisition shall be retained for five years after final disposition . <br /> 3 . Records relating to real property acquisition shall be retained for five years <br /> after closing of title . <br /> ( b) All records , including supporting documentation of all program costs , shall be <br /> sufficient to determine compliance with the requirements and objectives of the Scope of Work and <br /> Schedule of Payments - Attachment B - and all other applicable laws and regulations . <br /> (c) The Recipient, its employees or agents , including all subcontractors or consultants to <br /> be paid from funds provided under this Agreement, shall allow access to its records at reasonable times <br /> to the Department, its employees , and agents . " Reasonable" shall be construed according to the <br /> circumstances but ordinarily shall mean during normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local <br /> time , on Monday through Friday . "Agents" shall include , but not be limited to , auditors retained by the <br /> Department. <br /> (6) REPORTS . <br /> (a) If all required reports and copies are not sent to the Department or are not completed <br /> in a manner acceptable to the Department, the Department may withhold further payments until they are <br /> completed or may take such other action as set forth in paragraph (9) . The Department may terminate <br /> the Agreement with a Recipient if reports are not received within 30 days after written notice by the <br /> Department. "Acceptable to the Department" means that the work product was completed in accordance <br /> with generally accepted principles and is consistent with the Compensation and Financial Reporting <br /> Requirements (Attachment A) and the Scope of Work and Schedule of Payments (Attachment B) . <br /> ( b) Upon reasonable notice , the Recipient shall provide such additional program updates <br /> or information as may be required by the Department. <br /> (7) MONITORING . <br /> The Recipient shall constantly monitor its performance under this Agreement to ensure that time <br /> schedules are being met and Scope of Work is being accomplished within specified time periods , and <br /> other performance goals are being achieved . Such review shall be made for each function or activity set <br /> forth in Attachments A and B to this Agreement. In addition , the Department will monitor the performance <br /> and financial management by the Recipient throughout the contract term to ensure timely completion of <br /> all tasks . <br /> 2 <br />
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