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HomeMy WebLinkAbout2000-24240 40 s FT]h ',11ACT FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 05Ej;9 DISBURSEMENTS OF APPROPRIATED FUNDS This contract, by and between the Florida Department of Agriculture and Consumer Services and the Indian River Board of County Commissioners (hereafter called DACS and GRANTEE respectively). DACS and GRANTEE agree as follows: SECTION 1. Contract Provisions Each undersigned person agrees to comply with the terms set forth herein for the period covered by this agreement. Such terms are hereby made a part of this agreement. Each undersigned person also represents and agrees that: A. The GRANTEE agrees to perforin renovations and construction at the Indian River County Agricultural Arena as envisioned in Section 5, Item 1329L of the General Appropriations Act for Fiscal Year 2000-2001, D. The GRANTEE agrees that all hiring must follow all applicable labor laws (per Section 11) and that all rules and regulations established by the County must be followed in the purchasing or bidding on project goods and services. C. The GRANTEE will follow all administrative procedures in accordance with State. County and Gity Ordinances and rules that may be applicable to all planning and construction. D. The GRANTEE and its Contractors and Sub -contractors must comply with Section 287.133(3)(a), F. S. on Public Entity Crimes and will submit to DACS a sworn statement of compliance for each fiscal year agreement is in effect. SECTION 2. Eligible Costs 1. Sandblast and paint Livestock Exhibit building. 2. Construct 20,000 sq ft exhibit building. 3. Professional fees including A!E fees. 4. Plans review, permitting and inspection fees. This list is not intended to be all inclusive, however it will be used as a guide by DACS in determining eligible costs under this contract. • 40 SECTION 3. Compensation Funds to be provided by DACS under this contract are not to exceed $391,000. These funds may be advanced in whole or part upon execution of this contract or availability of funds, whichever is latest. Funds expended on fixed capital construction projects will be disbursed on a reimbursement basis, subject to filing of request for payment and proper documentation. SECTION 4. Regular Payments Applications for payment of eligible costs under this contract shall be submitted using documentation approved by DACS and such applications, upon approval, shall be made part of this contract. Application for reimbursement will be submitted to the Department's Contract Manager no more frequently than on a monthly basis. Proper documentation, as determined by DACS, supporting costs shall accompany the request for each payment. Examples of proper documentation are as follows (This list is not intended to be all inclusive): 1. Copies of a Project Schedule of Values 2. Copies of Permits 3. Copies of Project Plans and Specifications 4. Copies of Paid Invoices 5. Canceled checks 6. Copies of payroll check stubs 7. Copies of time sheets 8. Copies of all paid Contractors or Subcontractors request for payment 9. Copies of final inspection reports 10. Copies of Certificate of Contract Completion 11. Copies of Waiver of Lien When GRANTEE receives advanced funds from DACS, the GRANTEE will be required to substantiate that all advanced funds were disbursed for approved purposes. The GRANTEE is required to substantiate their disbursements at least each quarter beginning on the date the advanced funds were received. DACS will withhold up to 10 percent of the funds at the end of the contract until all disbursements are substantiated with proper documentation. SECTION 5. Time of Performance This contract is effective upon execution by both parties and will be concluded when the original appropriation reverts back to the fund or upon receipt of the Final Report and Certificate of Contract Completion, prepared by DACS and signed by the Contractor, GRANTEE and DACS Contract Manager, whichever comes first. 41111111 40 El SECTION 6. Approvals and Notices A. The DACS Contract Manager for fixed capital projects is Mark Markley, within the Division of Marketing and Development, located at 541 E. Tennessee Street, Doom 115, Tallahassee, Florida 32308. 8, The GRANTEE's Contract Manager is James W. Davis P.E., County Administration Building, 1840 25th Street, Suite 312„ Vero Beach, Florida 32960 C. Any notice or other written communications between DACS and GRANTEE will be considered delivered when posted by certified mail or delivered in person to the respective contract manager. D. The DACS Contract Managers or designated representatives reserve the right to make periodic on-site inspections during reasonable hours to review facilities, written materials, procedures or work being done. SECTION 7. Reportllnspection Required All fixed capital construction projects will require a final report and inspection. GRANTEE will submit a final report which describes the completed work. DACS Contract Manager will perform a final inspection which includes pictures of the completed project(s), as well as a copy of Certificate of Contract Completion, prepared by DACS and signed by the Contractor, GRANTEE, and DACS Contract Manager, SECTION 8. State of Florida - DACS Involvement A. This Contract is funded by a grant from DACS as appropriated in Section 5, Item 1329L of the General Appropriations Act for Fiscal Year 2000-2041. B. The GRANTEE agrees that DACS, Office of the Auditor General or any of his duly authorized representatives and the Comptroller of Florida or any of his duly authorized representatives will have access to and the right to examine any books, documents, papers and records of GRANTEE involving transactions related to this contract. The required records shall be maintained by GRANTEE until DACS grants written authority for disposal or five years after termination of contract has passed. GRANTEE agrees that payment(s) made under the contract will be subject to reduction of amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this contract. The GRANTEE shall refund by check payable to DACS the amount of such reduction of payments. C. It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in F.S. Section 946.515(2), (4); and for purposes of this contract, the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 5544 Rio Vista Drive, Clearwater, FL 34520-3107, Telephone: (813)535-4900. D. DACS shall have access to and the right to examine any books, documents, papers and records of GRANTEE. 40 db 4 SECTION 9. Responsibilities of DACS 7[MM A. Provide ,guidance, assistance and coordination to the extent necessary and feasible. B. Provide for timely review of Requests for Payments, support requests for documentation and reports, and furnish comments, suggestions or approvals as appropriate. DACS will make a final project inspection and prepare a Certificate of Completion.. SECTION 10. Decisions by DACS All services shall be performed by GRANTEE to the satisfaction of DACS, or its designated representative, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of the contract, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof, The decisions by DACS upon all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto. This section shall not preclude any party from seeking relief by filing a petition for an administrative hearing pursuant to Chapter 120, Florida Statutes. SECTION 11. Personnel A. The GRANTEE will require any contractor to maintain such insurance as will protect it from claims by employees under the Worker's Compensation Act and from claims by employees for bodily injury or death which may arise from the performance of its services under this contract. B. The GRANTEE will require the contractor to assure compliance with Title VI of the Civil Rights Act of 1964 (P.l_. 88-352) as amended, (42 U.S.C. 2000d.) and the requirements imposed by the regulations of the Department of Commerce (15CFRPart8) issued pursuant to that Titte. In accordance therewith no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which GRANTEE received state financial assistance and GRANTEE will immediately take any measures necessary to effectuate this contract. C. The GRANTEE will require the contractor to assure that the program supported by grant will be conducted in compliance with the Americans With Disabilities Act of 1990, 42 U.S.C. 12101 et. seq. and the Regulations adopted pursuant to that act, to the extent required by the law. D. The GRANTEE in accordance with Section 616.255(2), F. S., will encourage the contractor to the greatest extent possible, to give consideration to increasing the number of contractorslvendors that are minority businesses. is: SECTION 12. Grants and Aids Appropriations it is mutually understood and agreed that if this contract disburses grants and aids appropriations, it Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or snake any disbursement of grants v D n and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 216.3491, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for- profit organization that receives a state award. Recipient means a Nonstate entity that receives a state award directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state awards equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project -specific audit conducted for such fiscal year in accordance with Section 216.3491, F.S., applicable rules of the Executive Office of the Governor, rules of the Comptroller, and Chapter 10.600, rules of the Auditor General. In determining the state awards expended in its fiscal year, the Recipient shalt consider all sources of state awards, including state funds received from this Department award, except that state awards received by a Nonstate entity for federal program matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 216.3491, F.S., shall be. (1) performed annually, and (2) conducted by independent auditors in accordance with auditing standards as stated in rules of the Auditor General. D. Regardless of the amount of the state award, the provisions of Section 216.34991, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state awards to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Comptroller, or the Auditor General. E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. F. Each state agency that makes state awards shall: (1) Provide for each state award to a Recipient . Information needed by the Recipient to comply with the requirements of Section 216.3491, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Comptroller, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 216.3491, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with. the terms of this agreement for a period of three years from the date of the audit report is issued, and shall allow the Department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 216.3491, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 216.3491, F.S. The financial reporting package means the nonstate entities' financial statements, Schedule of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on follow-up of prior years' corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 216.3491, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services, Division of Administration, 549 Maya Building 4017 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32342-1450 G. The Recipient is hereby notified of and bound by the requirements of F., above. SECTION 13. Contract as Including Entire Contract This instrument embodies the entire contract of the parties. There are no provisions, terms, conditions or obligations other than those contained herein; and this contract shall supersede all previous communication, representation or contracts, either verbal or written between the parties hereto. In the event that two or more documents combine to form this contract between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by DACS shall be controlling. All contracts entered into by DACS or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this contract is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. SECTION 14. Cancellation of Contract The DACS reserves the right to unilaterally cancel this contract for refusal by the GRANTEE to allow public access to all documents, papers, tetters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this contract. G& I i M SECTION 15, Effective Date This contract becomes effective upon execution by bath parties, Witness, Witness: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES By: Mike Gresham, Director of Administration Date: &W Indian River Board of County Commissioners By: Q �026.6� w/-�r,_� %?A5 Title: C—ya:mirv, q,�h--' Date: August 15, 2000 59-6000674: Federal Employers Identification Number indian River County Approved Uaic Administration ' Budget r i.egal Risk Management I)epartment