Audits, Records, and Records Retention. The LCSB or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this Agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreement. Documents/records in any form shall be open to the LCSB representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-contracts that directly or indirectly pertain to the transactions between the LCSB and the Contractor in order: To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the LCSB under this Agreement. To retain all Contractor records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of the Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement. That completion or termination of the Agreement and at the request of LCSB, the Contractor will cooperate with LCSB to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph A above. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the LCSB. That persons duly authorized by the LCSB and Federal auditors, pursuant to 45 CFR, Part 92.36 (I) (10), shall have full access to and the right to examine any of Contractor’s related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
Audits, Records, and Records Retention. The LCSB or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this Agreement1. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreement. Documents/records in any form shall be open to the LCSB representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-contracts that directly or indirectly pertain to the transactions between the LCSB and the Contractor in order: To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures practices (GAAP) and practices, practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the LCSB Coalition under this Agreementcontract.
2. To assure that these records shall be subject for inspection at scheduled times, review or audit by federal, state, or other personnel duly authorized by the Coalition. Requests for documents and supporting data must be received within a reasonable time as requested by the Coalition.
3. To provide a financial and compliance audit to the Coalition as specified in Attachment III, ensure that all related party transactions are disclosed to the auditor during the auditing process and allow for monitoring in accordance with Attachment III and the provisions of OMB Circular A-133. Questioned costs may be exposed from any of these reviews. The Sub-recipient shall have an opportunity to substantiate and/or appeal the decision of a finding and/or a questioned cost. Any unresolved questioned costs may become disallowed costs. In accordance with Section 17.04, F.S., and OMB Circular A-133, Sub-recipients are required to pay disallowed costs on federal and state programs and may include applicable interest. Disallowed costs may not be paid with federal, state, or matching funds. The Sub-recipient agrees that legal expenses and related costs in the defense or prosecution of any claim or appeal are unallowable without Coalition and AWI approval.
4. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
5. To retain all Contractor client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement contract for a period of five (5) years after termination of the Agreementcontract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreementcontract.
6. That If $500,000 or more in Federal awards is expended in its fiscal year, the Sub-recipient must have a single or program specific audit conducted in accordance with the provisions of Section 215.97, F.S. and OMB Circular A-133, as revised.
7. Audits for periods ending on or after December 15, 2006 shall be in compliance with the Statement on Auditing Standards (SAS) 112 – “Communicating Internal Control Related Matters Identified in an Audit.”
8. Persons duly authorized by the Coalition and federal auditors, pursuant to 45 CFR, Part 92.36(I)(10), shall have full access to and the right to examine any of the Sub-recipient’s contract and related records and documents including the Sub-recipient’s operating activities at all reasonable times for as long as records are retained.
9. Upon completion or termination of the Agreement contract and at the request of LCSBthe Coalition, the Contractor Sub-recipient will cooperate with LCSB the Coalition to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in Section 1, paragraph A F.5. above. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the LCSB. That persons duly authorized by the LCSB and Federal auditors, pursuant to 45 CFR, Part 92.36 (I) (10), shall have full access to and the right to examine any of Contractor’s related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
Appears in 2 contracts
Samples: Standard Contract, Standard Contract
Audits, Records, and Records Retention. The LCSB or its representative reserves the right to inspect and/or audit all the Contractor's documents and records Contractor shall agree as they pertain to the products and services delivered under this Agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreement. Documents/records in any form shall be open to the LCSB representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-contracts that directly or indirectly pertain to the transactions between the LCSB and the Contractor in order: follows:
a. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the LCSB under this Agreement. contract.
b. To retain all Contractor client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement contract for a period of five (5) years after termination of the Agreementcontract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement. That contract.
c. Upon completion or termination of the Agreement contract and at the request of LCSBthe LCRDA, the Contractor will cooperate with LCSB the LCRDA to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph A above. hereinabove.
d. To assure that these records shall be subject at all reasonable times time to inspection, review, or audit by Federal, state, or other personnel duly authorized by the LCSB. That persons LCRDA.
e. Persons duly authorized by the LCSB LCRDA and Federal auditors, pursuant to 45 CFR, CFR Part 92.36 (I) (1092.36(I)(10), shall have full access to and the right to examine any of Contractorprovider’s contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. .
f. To include these the aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
g. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORD AT: LEON COUNTY RESEARCH AND DEVELOPMENT AUTHORITY ATTN: XXX XXXXXX, EXECUTIVE DIRECTOR 0000 X. XXXX XXXXX DRIVE TALLAHASSEE, FL 32310 PHONE: 000-000-0000 EMAIL: XXXXXXX@XXX-XXXX.XXX
Appears in 1 contract
Samples: Professional Services
Audits, Records, and Records Retention. The LCSB or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this Agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreement. Documents/records in any form shall be open to the LCSB representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-contracts that directly or indirectly pertain to the transactions between the LCSB and the Contractor in order: agrees:
A. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the LCSB County under this Agreement. .
B. To retain all Contractor client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of the Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement. That .
C. Upon completion or termination of the this Agreement and at the request of LCSBthe County, the Contractor will cooperate with LCSB the County to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph A Subsection B above. .
D. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the LCSB. County.
E. That persons duly authorized by the LCSB County and Federal auditors, pursuant to 45 CFR, Part 92.36 (I) (10), CFR 75.364 shall have full access to and the right to examine any of Contractor’s this Agreement and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. .
F. Keep and maintain public records required by the County to perform the services and work provided pursuant to this Agreement.
G. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion or termination of the Agreement if Contractor does not transfer the records to the County.
H. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. Any material submitted to the County that Contractor contends constitutes or contains trade secrets (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION — TRADE SECRET.” If a third party submits a request to the County for records designated by Contractor as Trade Secret Materials, the County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Contractor. Contractor shall indemnify and defend the County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action arising from Contractor’s failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor’s failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorneys’ fees and costs arising therefrom. Contractor authorizes County to seek declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Leon on an expedited basis to enforce the requirements of this section.
Appears in 1 contract
Samples: Contractor Agreement
Audits, Records, and Records Retention. The LCSB District or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this Agreementagreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the ofthe terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreementagreement. Documents/records in any form shall be open to the LCSB District's representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-sub contracts that directly or indirectly pertain to the transactions between the LCSB District and the Contractor in order: :
A. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds offunds provided by the LCSB District under this Agreement. contract.
B. To retain all Contractor contractor records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement contract for a period of five (5) years after termination of the Agreementcontract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement. contract.
C. That completion or termination of the Agreement contract and at the request of LCSBthe District, the Contractor will cooperate with LCSB the District to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph A above. .
D. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the LCSB. District.
E. That persons duly authorized by the LCSB District and Federal auditors, pursuant to 45 CFR, Part 92.36 (I) (10), shall have full access to and the right to examine any of Contractor’s provider's contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are ar� retained. .
F. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
Appears in 1 contract
Samples: Professional Services Agreement
Audits, Records, and Records Retention. The LCSB or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this Agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreement. Documents/records in any form shall be open to the LCSB representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-contracts that directly or indirectly pertain to the transactions between the LCSB and the Contractor in order: :
A. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the LCSB under this Agreement. .
B. To retain all Contractor records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of the Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement. .
C. That completion or termination of the Agreement and at the request of LCSB, the Contractor will cooperate with LCSB to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph A above. .
D. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the LCSB. .
E. That persons duly authorized by the LCSB and Federal auditors, pursuant to 45 CFR, Part 92.36 (I) (10), shall have full access to and the right to examine any of Contractor’s related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. .
F. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
Appears in 1 contract
Samples: Professional Services
Audits, Records, and Records Retention. The LCSB District or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this Agreementagreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreementagreement. Documents/Contractor shall make such documents and records in any form available to SCSB upon reasonable notice from SCSB and such audit and all costs pertaining thereto including, but not limited to, photocopies, travel, shipping, shall be open to the LCSB representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-contracts that directly or indirectly pertain to the transactions between the LCSB and the Contractor in order: at SCSB's cost."
A. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the LCSB District under this Agreement. contract.
B. To retain all Contractor contractor records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement contract for a period of five (5) years after termination of the Agreementcontract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement. contract.
C. That completion or termination of the Agreement contract and at the request of LCSBthe District, the Contractor will cooperate with LCSB the District to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph A above. .
D. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the LCSB. District.
E. That persons duly authorized by the LCSB District and Federal auditors, pursuant to 45 CFR, Part 92.36 Part
(I) (10), shall have full access to and the right to examine any of Contractor’s provider's contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. .
F. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.. SCSB 2019-04 {REVISED/RENEWAL)
Appears in 1 contract
Samples: Professional Services Agreement