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Home My WebLink About2000-289e• r Contract No: 00 -CT -C8 -99 -9A -A1-056 FCT Project No: 99-056-P9A FCT Project Name: North Sebastian Conservation Area Addition ADDENDUM 2 TO 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 (Recipient), this day of , 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)(j), 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 time 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. CAA 2199-056-P9A 8/25/00 Page 1 of 4 of • • 4W 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. CAA 2 / 99-056-P9A 8/25/00 Page 2 of 4 to Eil n 41111111111 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. CAA 2 / 99-056-P9A g/25/00 Page 3 of 4 •A 40 C- 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 By: -'�Kl -M - �O jzn.�' Print Name: Fran B. Adams Its: Chairman Approved as to Form and Legality: By: 'k tt .t �A Print Name: CAA 2 / 49-056-P9A 8/25/00 Page 4 of 4 FLORIDA COMMUNITIES TRUST By: Ralph Cantral, Acting Executive Director Date: Approved as to Form and Legality: By: Ann J. Wild, Trust Counsel 40 LJ Contract No: 99 -CT -8K -98 -8A -A1-058 FCT Project No: 98-058-P8A FCT Project Name: Oyster Bar Salt Marsh ADDENDUM 3 TO CONCEPTUAL APPROVAL AGREEMENT This ADDENDUM 3 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 (Recipient), this day of , 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 July 27, 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)(j), F.A.C., has timely submitted to FCT a written request for extension of the July 27, 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 apart of the Conceptual Approval Agreement as provided by Rule 9K -4.010(2)(j), F.A.C.; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time 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: Notwithstanding the language of Section 1. GENERAL CONDITIONS, paragraph 3. and paragraph 4., tha parties hereby agree ;o revive it nunc pro tune 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 July 27, 2000. CAA 3 / 98-058-P8A 08/23/00 Pagel of 4