SP481 - COOPERS POINT ECOSYSTEM RESTORATION/MANAGEMENT PROJECT
~ ;
'- _4.
.
e
DEP Contract No. SP481
CONTRACT
THIS CONTRACT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
(hereinafter referred to as the "Department") and the CITY OF CLEARWATER, FLORIDA, whose address is Post
Office Box 4748, Clearwater, Florida 34618-4748 (hereinafter referred to as the "Contractor"), a unit of local
government, to perform the Cooper's Point Ecosystem Restoration and Management Project.
WHEREAS, the Department and the Contractor originally entered into DEP Contract No. SP357 on May 22,
1996, for the performance of services described herein; and,
WHEREAS, the Contractor was unable to perform any of the services prior to the termination date of DEP
Contract No. SP357 due to delays encountered in scheduling the services of the Southwest Florida Water Management
District's Operations Crew; and,
WHEREAS, the Department wasn't aware of the difficulties encountered by the Contractor in performing the
services described in DEP Contract No. SP357 in time sufficient for amending said contract; and,
WHEREAS, the Department has determined that it is in the best interest of the State to authorize performance of
the services under a new contract.
NOW THEREFORE, in consideration of the mutual benefits to be derived herefrom, the Department and
Contractor do hereby agree as follows:
1. The Department does hereby retain the Contractor to perform the Cooper's Point Ecosystem Restoration
and Management Project (DEP Project No. 50595) as defmed herein and the Contractor does hereby
agree to perform such services upon the terms and conditions set forth in this Contract, Attachment A
(Scope of Services), and all attachments and exhibits named he h which are attached hereto and
incorporated by reference.
2. The Contractor shall perform the services in a proper and satisfactory manner as determined by the
Department. Any and all equipment, products or materials necessary to perform this Contract. shall be
supplied by the Contractor, unless otherwise specified herein.
3. The Contractor shall post signs, which can be read at a distance of up to 200 feet, in conspicuous
locations at the project site indicating the Department's participation, through the Ecosystem
Management and Restoration Trust Fund, in funding for this project.
4. The Contractor shall perform as an independent contractor and not as an agent, representative, or
employee of the Department.
5. A. As consideration for the services rendered by the Contractor under the terms of this Contract, the
Department shall pay the Contractor on a cost reimbursement basis for subcontracted services as
outlined in Attachment A. Maximum compensation provided under this Contract shall not exceed
$50,000.
B. The State Comptroller requires detailed supporting documentation of all costs under a cost
reimbursement contract. The Contractor shall be reimbursed in accordance with the Comptroller
Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. Invoices
shall be accompanied by supporting documentation and other requirements as follows:
DEP Contract No. SP481, Page 1 of 6
/'/. /))/::" ../,.
C/( ,/ I' ..~ ',-
(" '\
, / I
, )
'.
e
e
1. SalarieslWages - The Contractor shall not be reimbursed for direct salaries and multipliers (i.e.,
fringe benefits, overhead, and/or general and administrative rates) for Contractor's employees.
2. Contractual- (Subcontractors) - Reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from
the Contractor. Subcontracts which involve payments for direct salaries shall clearly identify the
personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers
used (i.e., fringe benefits, overhead, and/or general and administrative rates) shall be supported
by audit. If the Department determines that multipliers charged by any subcontractor exceed the
rates supported by audit, the Contractor shall be required to reimburse such funds to the
Department within thirty (30) days of written notification. Interest on the excessive charges
shall be calculated based on the prevailing rate used by the State Board of Administration.
3. EQuipment - (Capital outlay over $500 in value) - The purchase of non-expendable equipment is
not authorized under the terms of this Contract.
4. Travel- Travel expenses are not authorized under the terms of this Contract.
6. The Contractor shall submit quarterly invoices in conjunction with progress reports as required herein.
All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit
and post-audit thereof: A fmal invoice must be submitted no later than thirty (30) calendar days
following the Contract completion date established in paragraph 8 below, to assure the availability of
funding for fmal payment.
7. The Contractor shall submit quarterly progress reports in conjunction with invoices. Each report shall
outline the work performed during the reporting period, work scheduled for the next reporting period,
expenditures to date, problems encountered and planned solutions, and any schedule updates.
8. This Contract shall begin upon execution by both parties and remain in effect for a period of twenty-four
(24) months following the date of execution. In accordance with Section 287.058(2), Florida Statutes, the
Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this
Contract. This Contract may be renewed for an additional term not to exceed the original Contract period
unless the original Contract period is 24 months or less, in which case the Contract may be renewed up to
two additional one-year periods. Renewal of this Contract shall be in writing and subject to the same
terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the
Contractor and the availability of funds.
9. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Legislature.
10. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5)
working days, unless otherwise specified herein, to inspect and approve the services for payment; the
Department must submit a request for payment to the Florida Department of Banking and Finance within
twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant.
Days are calculated from the latter date the invoice is received or services received, inspected, and
approved. Invoice payment requirements do not start until a proper and correct invoice has been received.
Invoices which have to be returned to a contractor for correction( s) will result in a delay in the payment.
A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who
may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of
Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792.
11. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, interest at
a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in
DEP Contract No. SP481, Page 2 of 6
. .
e
e
payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt,
inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced
unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by
Comptroller's Memorandum No.3 (1997-98) dated December 3, 1997, has been set at 10% per annum or
.02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this
Contract is in effect can be obtained by calling the Department of Banking and Finance, Vendor
Ombudsman at the telephone number provided above or the Department's Contracts Section at
850/922-5942.
12. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
13. The Department may terminate this Contract at any time in the event of the failure of the Contractor to
fulfill any of its obligations under this Contract. Prior to termination, the Department shall provide thirty
(30) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity
to consult with the Department regarding the reason( s) for termination.
The Department may terminate this Contract without cause and for its convenience by giving thirty (30)
calendar days written notice to the Contractor.
Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph
14.
14. Any and all notices shall be delivered to the parties at the following addresses:
Contractor
Department
Ms. Terry Finch
Environmental Programs Director
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
Ms. Stormy Ingold
Florida Department of Environmental
Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33618-8318
15. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Contract shall be
public records and shall be treated in the same manner as other public records are under general law.
This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow
public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the Contractor in conjunction with this Contract.
16. The Contractor shall maintain books, records and documents directly pertinent to performance under this
Contract in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Contract and for three years following Contract completion. In the event
any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes.
17. In accordance with Section 216.349, Florida Statutes (fmancial review of grants and aids appropriations),
the Contractor shall provide to the Department one of the following: (a) an audit of this Contract in
accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes;
or (b) a statement prepared by an independent certified public accountant which attests that the Contractor
has complied with the provisions of this Contract. The Department reserves the right to recover costs for
failure to comply with Section 216.349, Florida Statutes.
DEP Contract No. SP481, Page 3 of 6
, .
e
e
Copies of the required statement or audit, as applicable, shall be sent to each of the following within
thirteen (13) months after the completion of the Contractor's fiscal year in which the Contract was
completed.
-Ms. Stormy Ingold
Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33618-8318
-Audit Director (MS40)
Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
-Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor
General is provided as Attachment C. Although this document is provided as an attachment to this
Contract, the Contractor acknowledges that this rule is subject to periodic revision by the Auditor
General, and as such, the Contractor agrees to comply with the effective version of the rule at the time of
satisfying the audit requirements of this Contract.
18. The Department's Contract Manager is Stormy Ingold, Phone 813/744-6100. The Contractor's Contract
Manager is Terry Finch, Phone 813/462-6597. All matters shall be directed to the Contract Managers for
appropriate action or disposition.
19. The Contractor warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent
upon or resulting from the award or making of this Contract.
20. The Contractor covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. This Contract has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as
to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
22. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default
by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall
such delay or failure be construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
23. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any
taxes on the services or goods purchased under the terms of this Contract.
DEP Contract No. SP481, Page 4 of 6
I .
e
e
24. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any
third party without the mutual written agreement of the parties hereto.
25. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Contract.
26. This Contract is an exclusive contract for services and may not be assigned in whole or in part without the
written approval of the Department.
27. The Contractor shall not subcontract, assign, or transfer any work under this Contract without the prior
written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the Department and agrees to
be responsible for the payment of all monies due under any subcontract. It is understood and agreed by
the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities
incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
28. The Contractor shall be responsible for selecting its subcontractor(s) through a competitive process
equivalent to that described in Chapter 287, Florida Statutes. The Contractor shall provide the
Department with a copies of all solicitation documents including: the solicitation, the tabulation sheet,
the award notice, and the resulting contract.
29. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain
during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with
the work of this project and, in case any work is subcontracted, the Contractor shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the Contractor. Such self-insurance
program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case
any class of employees engaged in hazardous work under this Contract is not protected under Workers'
Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of his employees not otherwise protected,
30. The Contractor, as an independent contractor and not an agent, representative, or employee of the
Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department
shall have no liability except as specifically provided in this Contract.
31. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms of
this Contract.
32. In accordance with Section 216.347, Florida Statutes, the Contractor is hereby prohibited from using
funds provided by this Contract for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
33. The Department may at any time, by written order designated to be a change order, make any change in
the work within the general scope of this Contract (e.g., specifications, time, method or manner of
performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as
evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or
time shall require formal amendment to this Contract.
34. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from
the date of being placed on the convicted vendor list.
DEP Contract No. SP481, Page 5 of 6
,.
e
e
35. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Contract. The Contractor acknowledges that this requirement
includes compliance with all applicable federal, state and local health and safety rules and regulations.
The Contractor further agrees to include this provision in all subcontracts issued as a result of this
Contract.
36. This Contract represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Contract shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless
otherwise provided herein.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last
written below.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By ~
Director of District Management, Southwest
District Office or designee
CITY OF CLEARWATER, FLORIDA
Date:
Date:
7/1 b / q y
~>-=>. -
ity Attorney
,.~
-:~ /'
.04.~~
DEP Contract anager
~~.~
DEP Contracts Administrator
Approved as to form and legality:
Aa"
~~
City: lerk
fj~. OQ n
i~:fOran~
DEP ttorney
FEID No.: 59-6000289
*For contracts with governmental boards/commissions: If someone other than the Chairman signs this Contract, a
resolution, statement or other document authorizing that person to sign the Contract on behalf of the Contractor must
accompany the Contract.
List of attachments/exhibits included as part of this Contract:
Specify
Type
Letter/
Number
Description (include number of pages)
Attachment
Attachment
Attachment
A-
..lL
~
Scope of Services ( I Page)
Comptroller Contract Pavrnent Requirements ( I Page)
Chapter 10.600. Rules of the Auditor General (5 Pages)
DEP Contract No. SP481, Page 6 of 6
f'.
e
e
ATTACHMENT A
SCOPE OF SERVICES
COOPER'S POINT ECOSYSTEM RESTORATION AND MANAGEMENT
Overview
The Florida Department of Environmental Protection (Department) and the City of Clearwater (Contractor) agree that
the primary objectives of this project are:
To restore, enhance and manage natural wetland and upland habitats at Cooper's Point.
To provide opportunities for environmental education and public access.
Scope Detail
1. The Contractor shall be responsible for the fmal project plan and implementation of the plan. The project plan
shall include surveys, construction drawings, time lines, vegetation plans, budgets, bid documents, and any
subcontracts. Construction drawings shall include all clearing, excavation, filling, native plantings and public
access facilities. Copies of all documents shall be submitted to the Department.
2. The Department shall work closely with the Contractor to help develop a project plan. The Department shall
review and approve the fmal project plan. If necessary, the Department will modify the project plan to protect
established habitats, to protect water quality, and to improve implementation of the project.
3. The Contractor shall be responsible for obtaining all necessary permits.
4. The Contractor shall notify the Department of the project start up dates at least five (5) days before commencing
and subsequent changes in schedule.
5. The Contractor shall be responsible for properly disposing of waste material found in the project site and/or
generated as a result of this project.
6. The Contractor shall provide continuous on-site management to insure compliance with the project plan.
7. The Contractor shall utilize proper turbidity controls. If dewatering is necessary, the Contractor shall submit a
dewatering plan to the Department for review and approval.
8. The Contractor shall be responsible for developing and implementing and ongoing management plan for the
project site. The plan will be submitted to the Department prior to project completion for review and approval.
9. The Contractor shall submit quarterly progress reports along with invoices and a fmal report with photographs
within thirty (30) days of completion of the project.
Budget Explanation
The Contractor will be reimbursed up to $50,000 for costs of completing this project. Appropriate project costs
include, but are not limited to, work associated with project construction, exotic vegetation control, purchase and
installation of native plants, construction of public access facilities. Prior to project construction, the Department must
be advised, in writing, of the projected construction costs for approval.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. SP481, Attachment A, Page 1 of 1
I,
"',...
e
e
ATTACHMENT B
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Inyoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for trayel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approyed State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administratiye Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the State Community College system,
the agency receiving the contract or grant moneys shall charge no more than 5 percent
of the total cost of the contract or grant for oyerhead or indirect cost or any other cost
not required for the payment of direct costs.
DEP Contract No. SP481, Attachment B, Page 1 of 1
}, "',.
e
e
ATTACHMENT C
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS
UNDER SECTION 216.349, FLORIDA STATUTES
EFFECTIVE 9-30-97
DEP Contract No.SP481, Attachment C, Page 1 of 5
,
~.
e
e
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
TABLE OF CONTENTS
Rule
Section No.
Descriotion
Page
10.610
10.620
10.630
PREFACE TO RULES ....................................... 2
DEFI NITIONS . .............................................. ..... 3
AUDIT REQUIREMENTS .................................. 4
EFFECTIVE DATE ............................................4
APPENDIX.. ...................................................... 5
PREFACE TO RULES
Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and
aids appropriations from State agencies. The grants and aids appropriations referred to in Section
216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations
act. The beginning point of any audit required by this section of law should be a determination of
which State moneys received by the auditee are grants and aids appropriations as described
above.
The Auditor General has no authority or responsibility to determine which grants and aids
are covered by this section of the Florida Statutes. Because of responsibilities assigned to the
administering State agency and the Comptroller of the State of Florida, either or both should be
able to assist the auditee in determining which grants and aids come under Section 216.349,
Florida Statutes. The administering State agency should also be consulted regarding any specific
form requirements for the required report and schedule.
These rules apply only to grants made by State agencies from appropriations designated
as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from
sources of money other than those designated as "grants and aids" in a Florida appropriations
act.
There may be occasions when State grants and aids appropriations moneys received
from a State agency include Federal moneys. Certain changes to these rules have been made to
assist State agency Federal award pass-through recipients in their effort to implement new
Federal requirements (Le., Single Audit Amendments of 1996 and revised OMB Circular A-133)
while still complying with the Section 216.349, Florida Statutes, requirements. The most significant
change to these rules is the requirement that the auditor conduct an examination in accordance
with AICPA attestation standards and issue an examination attestation report addressing
compliance with the grant requirements.
Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine
the recipient' s compliance with the grant provisions (including a determination of whether the
grant funds were used for authorized purposes), an examination conducted in accordance with
AICPA attestation standards should be sufficient to meet this objective. AICPA attestation
standards are not significantly different from AICPA auditing standards and the level of audit work
necessary to meet this objective would not vary significantly whether done as part of an audit or
as part of an attestation engagement. An examination done in accordance with AICPA attestation
DEP Contract No.SP481, Attachment C, Page 2 of 5
1'.
t.,
e
e
standards provides a high level of assurance (Le., an opinion) and should satisfy the monitoring
needs of pass-through Federal award recipients. Examinations intended to satisfy such monitoring
needs would be limited to the five types of compliance requirements specified in OMB Circular A-
133 for limited scope audits.
Another advantage of an examination conducted in accordance with AICPA attestation
standards is that the auditor's examination attestation report is essentially the same regardless of
whether or not the grants and aids recipient is a local government, not-for-profit or for-profit
organization, or had a financial statement audit. The use of the same report to satisfy applicable
Federal subrecipient monitoring requirements and/or State grants and aids appropriations audit
requirements should ease administrative burdens
imposed on State agencies.
The basis for determining which Federal award recipients are required to have a Federal
single audit (Le., amount of Federal awards expended) differs from the basis for determining
which grants and aids recipients are required to provide for an audit pursuant to Section 216.349,
Florida Statutes (Le., the amount of grants and aids moneys received). Accordingly, Federal
award recipients required to provide for an audit pursuant to the Federal Single Audit Act must
prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients
required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a
schedule of State financial assistance. Because information required for a schedule of
expenditures of Federal awards differs from that required for a schedule of State financial
assistance, State grants and aids moneys that involve Federal awards will have to be included on
the schedule of expenditures of Federal awards (when that schedule is required pursuant to the
Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State
financial assistance should be footnoted to indicate the extent of duplication of moneys on the two
schedules.
The auditor must determine from the grant agreement and/or inquiries with the granting
agency the level or amount of testing necessary to report on whether or not the expenditures of
the grants were in accordance with all legal and regulatory requirements and that the funds were
not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency.
Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State
requirements at the same time. However, as stated earlier, these rules do require a schedule of
State financial assistance and the auditor's examination attestation report should refer specifically
to the schedule of State financial assistance. The schedule of State financial assistance should
clearly distinguish State grants and aids moneys from other State financial assistance. Nothing
contained in these rules precludes a State granting agency from imposing requirements that are in
addition to those specified in these rules.
History: New 06-30-93 Amended 06-30-94, 06-30-95, 09-30-97
10.610 DEFINITIONS
(1) As used in these Rules, the term:
(a) "Local governmental entity" means a county agency, municipality, or special district or any
other entity (other than a district school board or community college), however styled, that
independently exercises any type of governmental function.
(b) "Nonprofit organization" means any organization which meets the definition of a not-for-
profit organization provided in Financial Accounting Standards Board Statement 116,
Appendix D.
(c) "For-profit organization" means any organization which is not a governmental entity or a
nonprofit organization.
General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes.
History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97
DEP Contract No.SP481, Attachment C, Page 3 of 5
;.
; ~.
e
e
10.620 AUDIT REQUIREMENTS
(1) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an
examination conducted in accordance with attestation standards promulgated by the
American Institute of Certified Public Accountants. Grantor State agencies may also impose
additional requirements.
(2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a
schedule of State financial assistance which meets the requirements of the granting
agency(s) and a written report which includes an opinion on management's assertion about
the entity's compliance with grant requirements. Additionally, the report should refer to the
schedule of State financial assistance and should indicate whether, in the auditor's opinion,
the applicable management assertions are fairly stated in all material respects.
General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes.
History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97
10.630 EFFECTIVE DATE
These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for
fiscal years ending September 30, 1997, and thereafter.
General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Florida Statutes.
History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-96. 09-30-97.
Renumbered 09-30-97 (formerly 10.640)
DEP Contract No.SP481, Attachment C, Page 4 of 5
iO:"
<-.
e
e
APPENDIX
EXCERPT FROM FLORIDA STATUTES, 1997
216.349 Financial review of grants and aids appropriations; audit or attestation statement.--
(1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or
contract, the state agency, or the judicial branch, authorized by the appropriations act to
administer the funds and the Comptroller must independently ensure that the proposed
expenditure is in accordance with all legal and regulatory requirements and find that the terms
of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the
Legislature, the judicial branch, or a state agency.
(2) Any local governmental entity, nonprofit organization, or for-profit organization that is awarded
funds from a grants and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit performed in accordance with
the rules of the Auditor General promulgated pursuant to s. 11.45;
(b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General promulgated pursuant to s.
11.45 or have a statement prepared by an independent certified public accountant which
attests that the receiving entity or organization has complied with the provisions of the
grant; or
(c) If the amounts received do not exceed $25,000, have the head of the entity or
organization attest, under penalties of perjury, that the entity or organization has complied
with the provisions of the grant.
All audits performed or attestation statements prepared under this subsection shall be filed with
the granting agency and with the Auditor General.
History. -- s. 29, ch. 91-109; s. 78. ch. 92-142.
Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes
(1996 Supplement), which was not amended during the 1997 legislative session. The codified
1997 Florida Statutes were not available at the time theses Rules were updated.
DEP Contract No.SP481, Attachment C, Page 5 of 5