HomeMy WebLinkAbout2000-288•e
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Contract No: 00 -CT -DB -99 -9A -Ai -074
FCT Project No: 99-074-P9A
FCT Project Name: Wabasso Scrub Addition
ADDENDUM 2TO CONCEPTUAL APPROVAL AGREEMENT
This ADDENDUM 2 to the Conceptual Approval Agreement is entered into by and
between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State
of Florida Department of Community Affairs, and INDIAN RIVER COUNTY and CITY OF
SEBASTIAN (Recipient), this day of m , 2000.
WHEREAS, the parties hereto entered into a Conceptual Approval Agreement setting
forth the conditions of conceptual approval that must be satisfied by Recipient prior to the
disbursement of the FCT Preservation 2000 award and the restrictions that are imposed on the
project site subsequent to its acquisition;
WHEREAS, the term of the Conceptual Approval Agreement expires August 30, 2000;
WHEREAS, the Recipient in accordance with GENERAL CONDITIONS paragraph 3 of
the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)0), F.A.C., has
timely submitted to FCT a written request for extension of the August 30, 2000 expiration date;
WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval
Agreement as provided by Rule 9K -4.010(2)(j), F.A.C.; and
WHEREAS, Section 215.97, Florida Statutes, the Florida Single Audit Act, provides
uniform state audit requirements for state financial assistance provided by state agencies over
the audit threshold as defined in that Section;
WHEREAS, the parties hereto desire to make these requirements a part of the
Conceptual Approval Agreement as provided by Rule 9K-4.010(2)0), F.A.C.;
WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval
Agreement states that the agreement may be amended at any f me prior to FCT giving final
project plan approval to the Recipient. Any agreement must be set forth in a written instrument
and agreed to by both the Recipient and FCT;
NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows:
1. Notwithstanding the language of Section I. GENERAL CONDITIONS,
paragraph 3. and paragraph 4., the parties hereby agree to revive it nunc pro tunc as though It
had not lapsed in accordance with paragraph 3.
2. In every respect, this amendment is to be construed and applied as though the
parties had both signed it before August 30, 2000.
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3. The Conceptual Approval Agreement by and between FCT and Recipient is
hereby extended until February 28, 2001.
4. The Conceptual Approval Agreement by and between FCT and Recipient is
hereby amended to add Section IX as follows:
IX. AUDIT REQUIREMENTS
1. The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for
the receipt and expenditure of funds under this Agreement.
2. These records shall be available at all reasonable times for inspection,
review, or audit by state personnel and other personnel duly authorized by FCT.
"Reasonable" shall be construed according to circumstances, but ordinarily shall mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
3. The Recipient shall also provide FCT with the records, reports or
financial
statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
4. In the event that the Recipient expends a total amount of State financial
assistance from all state sources 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 for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the
Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of
the Auditor General.
Section 1.7. above below indicates State financial assistance through FCT by
this Agreement. In determining the State financial assistance expended in its
fiscal year, the Recipient shall consider all sources of State financial assistance,
including State funds received from FCT, except that State financial assistance
received by a nonstate entity for Federal program matching requirements shall
be excluded from consideration. The funding for this Agreement was received
by FCT as a grant appropriation.
a. The annual financial audit report shall include all management letters
and
the Recipient's response to all findings, including corrective actions to be taken.
b. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
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C. The complete financial audit report, including all items specified in
(12)(d) 1 and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
d. In connection with the audit requirements addressed above, the
Recipient
shall ensure that the audit complies with the requirements of Section 215.97(7),
Florida Statutes. This includes submission of a reporting package as defined by
Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor
General.
e. If the Recipient expends less than $300,000 in State financial assistance
In
its fiscal year, an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, is not required. In the event that the Recipient
expends less than $300,000 in State financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from non -State
funds (i.e., the cost of such an audit must be paid from recipient funds obtained
from other than State entities).
5. In the event the audit shows that the entire funds disbursed hereunder,
or any portion thereof, were not spent in accordance with the conditions of this
Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not
spent in accordance with these applicable regulations and Agreement provisions within
thirty (30) days after FCT has notified the Recipient of such non-compliance.
6. The Recipient shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this contract for a period of
three years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three-year period,
the records shall be retained until the litigation or audit findings have been resolved.
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7. The Recipient shall have all audits completed in accordance with 215,97,
Florida Statutes, by an independent certified public accountant (IPA) who shall either
be a certified public accountant or a public accountant licensed under Chapter 473,
Florida Statutes. The IPA shall state that the audit complied with the applicable
provisions noted above.
5. The date of execution of this addendum shall be the date that the last party
signs this addendum
IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM 2
TO CONCEPTUAL APPROVAL AGREEMENT.
INDIAN RIVER COUNTY
Print Name: Fran B. Adams
Its: rhairman
Approvedasto Form and Legality:
By: ' �t c 1.,.. l n,
Print Name: ` aul4G
CITY OF SEBASTIAN
By:
Print Name:
Its:
Date:
Approved as to Form and Legality:
By:
Print Name:
CAA 2 / 99-074-P9A
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FLORIDA COMMUNITIES TRUST
By:
Ralph Cantral,
Acting Executive Director
Date:
Approved as to Form and Legality:
By:
Ann J. Wild, Trust Counsel
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