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Home My WebLink About2000-296I • �4 TItE y� Florida Department of Agriculture & Consumer Services ' BOB CRAWFORD, Commissioner The Capitol • Tallahassee, FL 32399-0800 FDACS #4031 ion wata September 6, 2000 Please Respond to: James W. Davis, Public Works Director Indian River County 1840 25' Street, Suite 312 EC [EBY IE Vero Beach, Florida 32960 S' -P 11 2000 RE: Amendment of contract dated October 7 1997 SE -P Mr. Davis: PUBLIC WORKS DEPT. This letter, upon execution by both parties and attachment to the original contract shall serve to amend said contract. The contract shall be amended to delete all of Section 12A, B and C and replace with the new Section 12 (see attached). NO OTHER PROVISIONS OF THIS CONTRACT ARE AMENDED OR OTHERWISE ALTERED BY THIS AMENDMENT. Mike Gresham (Signature -ran B. Adams Director of Administration Department of Agriculture Chairman and Consumer Services (Title) Indian River County (Company) October 3, 2000 (Date) Please return two original signed amendment letters back to the Department within five business days. Keep the other original signed letter for your files. ; „tdian River County Approved Date 'Administration 9 Send to: Contract Manager !Budget 407 South Calhoun Street, M12 Tallahassee, Florida 32399-0800 Legal Risk Management Qepaornent F Florid at A;-j-ieiiI lur•s� a.»d Forts[ Proeluc t ti 853 Billion for FIOi-ida's Eeorroill }' • C-1 4W n`.:. 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 shall 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. SECTION 12. Grants and Aids Appropriations It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: 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 make any disbursement of grants 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 shall 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. 0 4W 40 40 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 216.3491, 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 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 i V r 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 509 Mayo Building 407 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 32302-1450 G. The Recipient is hereby notified of and bound by the requirements of F., above.