Okaloosa County BOCC — August 18, 2015 — Maruti-Executed Contract — reading text

records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. C. The administration of funds awarded by the COUNTY to the CONTRACTOR may be subject to audits and/or monitoring by the COUNTY as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Florida Single Audit, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by the County's staff, limited scope audits as defined by OMB Circular A-133, as revised and/or other procedures. By entering into this Contract, the CONTRACTOR agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the COUNTY. In the event the COUNTY determines that a limited scope audit of the CONTRACTOR is appropriate , the CONTRACTOR agrees to comply with any additional instructions provided by the COUNTY to the CONTRACTOR regarding such audit. The CONTRACTOR further agrees to comply and cooperate with any inspections , reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. AUDITS Part I: State Funded This part is applicable if the COUNTY is a non-state entity as defined by Section 215.97(2)(m) Florida Statutes. a. In the event the CONTRACTOR expends a total amount of State awards (i.e. , State financial assistance provided to the County to carry out a state project) equal to or in excess of $300 ,000 in any County fiscal year, the COUNTY 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. In determining the State awards expended in its fiscal year, the COUNTY shall consider all sources of State awards, including state funds received from the COUNTY, except that State awards received by a Page 26 of 45  non-state entity for Federal program matching requirements shall be excluded from consideration. b. In connection with the audit requirements addressed in Part I, paragraph a., the CONTRACTOR shall ensure that the audit complies with the requirements of Section 215.97(7) , Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e) , Florida Statutes, and Chapter 10.600 Rules of the Auditor General. c. If the CONTRACTOR expends less than $300,000 in State awards in a fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes , is not required . In the event that the CONTRACTOR expends less than $300,000 in State awards in a 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 for from non-state funds (i.e., the cost of such an audit must be paid from CONTRACTOR'S funds obtained from other than State entities) . Note: The website for the Florida Single Audit Act is located at https:llapps .fldfs .com/fsaa/singleauditact.aspx. Part II. Report Submission Copies of audit reports for audits conducted as required by Part I of this Contract shall be submitted to the COUNTY no later than thirty (30) days from date of issue to the following address : Marcella Eubanks Contracts & Grants Manager 101 E. James Lee Blvd, Room 104 Crestview, FL 32536-1359 D. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Contract, which may result in the termination of this Contract. ARTICLE 25 - NONDISCRIMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation , gender identity and expression, or genetic information. Page 27 of 45 ARTICLE 26 - AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has, and will continue to maintain , all licenses and approvals required to conduct its business ; and , that it will , at all times, conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 27 - SEVERABILITY If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 28 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates , suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a) . ARTICLE 29 - FEDERAL ASSISTANCE AND FEDERALLY REQUIRED PROVISIONS STATEMENT OF FINANCIAL ASSISTANCE - This procurement may in part be funded by contracts and grants between the COUNTY and the U.S. Department of Transportation, Federal Transit Administration. Therefore, all activities related to this project are subject to the following conditions, which are outlined in greater detail in U.S. Department of Transportation (USDOT) regulations at 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; Federal Transit Administration (FTA) Circular 4220.1 F, "Third Party Contracting Guidelines," dated November 1, 2008, Rev. 3/18/2013, as it may be amended from time to time, and other laws and regulations governing procurement activities for the COUNTY'S programs and projects including the following Special Contract Provisions: 1. Prohibited Interest. No employee , officer, or agent of the COUNTY shall participate in the selection , award , or administration of a contract if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent of the COUNTY, or any member of his or her immediate family, his or her partner, or an organization which employs , or is about to employ any of the above, has a financial or other interest in the firm selected for award (CONTRACTOR) . No COUNTY employee, officer, or agent Page 28 of 45  shall solicit or accept gratuities , favors , or anything of monetary value from any contractor, potential contractor, or parties to sub agreements . 2. Interest of Members of Congress. No member of, or delegate to, the Congress of the United States shall be admitted to a share or part of this Contract or to any benefit arising therefrom. 3. No Government Obligation to Third Parties . The CONTRACTOR agrees , absent express written consent of the Federal Governrnent, that the Federal Governrnent shall not be subject to any obligations or liabilities to any third party contractor, or any sub-recipient, or any other party pertaining to any rnatter resulting from this solicitation. The CONTRACTOR agrees to include a similar provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. 4. Program Fraud and False or Fraudulent Statements. The CONTRACTOR acknowledges the provisions of the Prograrn Fraud Civil Remedies Act of 1986, as amended , 31 USC §3801, et seq. , and U.S. Department of Transportation regulations, "Program Fraud Civil Rernedies ," 49 CFR Part 31, apply to its activities in connection with this project. The CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, makes , or may make pertaining to this solicitation. In addition to other penalties that may apply, the CONTRACTOR further acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission , or certification to the Federal Government, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government may deem appropriate. The CONTRACTOR also acknowledges that if it makes a false , fictitious , or fraudulent claim, statement, submission , or certification to the Federal Government in connection with an urbanized area formula project financed with federal assistance authorized for 49 USC §5307 , the Federal Government reserves the right to impose the penalties of 18 USC §1001 and 49 USC §5307(n) (1) on the CONTRACTOR, to the extent the Federal Government deems appropriate . The CONTRACTOR agrees to include the above stated provisions in each subcontract financed in whole or in part with federal assistance provided by the FTA. CONTRACTOR shall not modify the above stated provisions except to identify the subcontractor who will be subject to the provision. 5. Federal Changes. The CONTRACTOR shall at all times comply with all applicable FTA regulations, policies , procedures , and directives, including without limitation those listed directly or by reference in the Master Grant Agreement between the COUNTY and the FTA, as they may be promulgated or amended from time to time during the term of the Contract resulting from this solicitation. CONTRACTOR's failure to comply shall constitute a material breach of this Contract. Page 29 of 45 6. Incorporation of Federal Transit Administration (FTA) Terms . The provIsions contained in the Special Contract Provisions include , in part, standard terms and conditions required by the U.S. Department of Transportation (USDOT), whether or not expressly set forth in the Contract provisions . All contractual provisions required by USDOT, as set forth in FTA Circular 4220.1F, as amended and the FTA's Master Grant Agreement with the COUNTY, as amended , are hereby incorporated by reference. Anything to the contrary herein notwithstanding , all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this solicitation. The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY request which would cause the COUNTY to be in violation of any of the FTA terms and conditions applicable to this project or any grant the COUNTY may have with the FTA. The CONTRACTOR agrees to include the above stated provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. 7. Access to Records . The CONTRACTOR