§ 118.201. Release of Appropriations.

Appropriations made pursuant to this Chapter shall be released and disbursed only subsequent to the execution by the recipient of a written agreement:

(a)

Accepting the funds so appropriated in accordance with the terms of this agreement, the provisions of the ordinance appropriating the funds and of this Chapter as from time to time amended.

(b)

Consenting to abide by F.S. Ch. 119 and successors thereto.

(c)

Agreeing to return within 15 days of demand therefor the City funds appropriated to the recipient in the current or prior fiscal years upon the City Council's, Council Auditor's, or Grant Monitor's finding that the terms of an agreement executed by the recipient, the provisions of an ordinance appropriating funds to such recipient or the provisions of this Chapter have been violated.

(d)

Agreeing to return to the City the funds expended for disallowed expenditures as determined by the City Council, Council Auditor, or Grant Monitor in accordance with Part 4 of this Chapter.

(e)

Agreeing:

(1)

To maintain separate bank demand and/or time deposit accounts for each program and deposit the City funds received and no other funds in the accounts and make all disbursements of City funds from the accounts. Provided, however, that if Recipients are on a reimbursement or draw basis the Recipient does not have to maintain a separate bank account; or

(2)

With the approval of the Council Auditor, to maintain a separate budgetary accounting system so that the receipt and disbursement of City funds can be accurately and adequately determined by reference to the books of accounts of the recipient and a separate bank account need not be maintained.

(f)

Consenting to:

(1)

Such audits of the financial affairs of the recipients by the Council Auditor's Office as the Council Auditor may require.

(2)

Producing the documents required by the Council Auditor.

(3)

In the case of each recipient receiving City funding less than $100,000 from the City, furnishing an annual report of receipts and expenditures of City funds in such form as the Council Auditor shall prescribe. This report shall be certified as to its accuracy by the Financial Officer/Treasurer of the recipient's organization. This report shall be on a fiscal year of October 1 through September 30 and shall be due on November 15 of each year.

(4)

In the case of each recipient receiving City funding, either from one City funding source or cumulatively from several City funding sources, an amount from $100,000 to $500,000, furnishing the City a copy of an audit report in accordance with Generally Accepted Auditing Standards (GAAS) issued by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA). This report shall be due within 120 days of the close of the recipient's fiscal year and this report shall present information based on the City's fiscal year of October 1 through September 30.

(5)

In the case of each recipient receiving City funding, either from one City funding source or cumulatively from several City funding sources, an amount in excess of $500,000, furnishing the City a copy of an audit report conducted in accordance with both GAAS and Government Auditing Standards (GAS) issued by the Comptroller General of the United States, and if applicable the provisions of Office of Management and Budget Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," of its financial affairs for its fiscal year ending within the current fiscal year of the City made by an independent certified public accountant. This report shall be due within 120 days of the close of the recipient's fiscal year and, in addition to the information described above, this report shall present information regarding its use of city funding based on the City's fiscal year of October 1 through September 30.

(6)

At least biannual administrative and programmatic reviews directed by the Department responsible for the administration of the recipient's funding. These reviews will be directed toward quality improvement in the recipient's service delivery.

(7)

Contract provisions that provide for payment based upon draws for services performed or reimbursements for work done; reasonable retainages until all reports, audits or accountings are provided by the recipient and accepted by the City; and limitations of ten percent on advance payments for "start-up" costs.

(8)

Any other contractual provisions approved by the Council Auditor, the Director of the Neighborhoods Department and the Office of the General Counsel that are necessary to protect the City's interest in the Agreement and to accomplish the purpose set out in Section 118.101.

The agreement shall be executed only once in each fiscal year and shall apply to all appropriations made by the City during the fiscal year. The Mayor and Corporation Secretary shall execute the agreement on behalf of the City.

(Ord. 2009-868-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E , § 16)