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HomeMy WebLinkAbout2001-057Florida Department of Agriculture & Consumer Services 0/--.l 7 BOB CRAWFORD, Commissioner FDACS t/4617 The Capitol • Tallahassee, Fl, 32399-0800 January 22, 2001 Please Respond to: James W. Davis, Public Works Director Indian River County 1840 251' Street, Suite 312 Vero Beach, Florida 32960 RE: Second amendment of contract dated November 10, 1998 Dear Mr. Davis: This letter, upon execution by both parties and attachment to the original contract shall serve to amend said contract. Delete Section 12 and replace with the new Section 12 (see attached). Add a new Section 13 titled Single Audit Act (see attached). Renumber previous Sections 13, 14 and 15 to 14, 15 and 16 respectively. NO OTHER PROVISIONS OF THIS CONTRACT ARE AMENDED OR OTHERWISE ALTERED BY THIS MENT. Mike Gresham (Signature) Director of Administration Department of Agriculture Chairman and Consumer Services (Title) _Indian River County (Company) March 6, 2001 (Date) Please return two original signed amendment letters to the Department. Keep the other original signed letter for your files. Send to: Contract Manager 407 South Calhoun Street, M12 Tallahassee, Florida 32399-0800 Rfth Florida Agriculture and Forest Products $53 Billion for Florida's Economy 40 4D 40 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. Section 13. Single Audit Act 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 215.97, 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 state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance 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 215.97, 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 financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, 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 financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance 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. AWL F. Each state awarding agency shall: i (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, 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 215.97, 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 215.97, 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 215.97, F.S. The El 40 40 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 215.97, 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.