Contract 2018-11 COPY
4J,.•YW*o,,4 Florida Department of Agriculture and Consumer Services
' Division of Administration
°,'`'`y FEDERAL FUNDING ACCOUNTABILITY AND
C� V Yt•441
ADAM H.PUTNAM TRANSPARENCY ACT (FFATA)
COMMISSIONER 2 CFR 200
1. Federal Award Identification Number(FAIN): 2. Federal Award Number:
17-DG-11083112-001 24539
3. Recipient: 4.Recipient Grant Manager:
Florida Department of Agriculture and Consumer Services Name: Louis Shepherd
407 S. Calhoun Street, M5 Email: lou.shepherd@freshfromflorida.com
Tallahassee, FL 32399-0800 Phone: 850-681-5881
5. Subrecipient: 6. Subrecipient Authorized
Name: City of Clermont Representative:
Address: 685 Montrose Street Name: Darren Gray
City, State, Zip + 4: Clermont, FL 34711-2119 Email:
Phone: 352-241-7339
7. Subrecipient FEIN: 8. Subrecipient DUNS Number:
59-6000290 937993855
9. Primary Performance Location, if different than (12) below:
Address: W. Montrose Street (Victory Pointe Park)
City: Clermont
State: Florida
Zip code +4: 34711-2119
10. County of Primary Performance: 11. Congressional District:
Lake 15
12. Performance in multiple counties: Yes or No. If yes, indicate the counties.
No
I certify that the above information is correct.
CQ [a118
Auti . •ignatur: Date
FDACS-02039 06/16
o,,. • Florida Department of Agriculture and Consumer Services
Division of Administration
FEDERAL FINANCIAL ASSISTANCE AGREEMENT
ADAM H. PUTNAM FACT SHEET
COMMISSIONER
1. Federal Award Identification Number(FAIN): 2. Federal Award Number:
17-DG-11083112-001 24539
3. Federal Award Agency: 4.Federal Award Title:
USDA Forest Service Consolidated Payment Grant/Urban & Community
Forestry
5. Federal Award Project Description:
Technical and financial assistance to state forestry agencies
6. CFDA Program Title:
Cooperative Forestry Assistance
7. CFDA Number: ' 8. Federal Award Date: 9. Federal Award Amount:
10.664 08/17/17 $160,000
10. Recipient: 11. Recipient Grant Manager:
Florida Department of Agriculture and Consumer Services Name: Louis Shepherd
407 S. Calhoun Street, M5 Email: lou.shepherd@freshfromflorida.com
Tallahassee, FL 32399-0800 Phone: 850-681-5881
12. Subrecipient: 13. Subrecipient Authorized
Name: City of Clermont Representative:
Address: 685 W. Montrose Street Name: Darren Gray
City, State, Zip + 4: Clermont, Florida 34711-2119 Email:
Phone: 352-241-7339
14. Subrecipient FEIN: 15. Subrecipient DUNS Number:
59-6000290 937993855
16. Subrecipient Agreement Number: 17. Subrecipient Award Amount:
25082 $8,000
18. Subrecipient Project Title:
Victory Pointe Native Tree Demonstration Project
19. Subrecipient Period of Performance: 20. Research and Development Award:
Upon execution through 12/31/18 N/A
21. Approved indirect cost rate: 22. Subrecipient Matching Amount:
5% $8,000
I certify that the above information is correct.
d 18
Auth j�ze, na . e Date
FDACS-02039 06/16
. .yQ*ptMEN7 QF�C9
Florida Department of Agriculture and Consume= CONTRACT #
Division of Administration
025082
41 �. FEDERAL FINANCIAL ASSISTANCE
HSUME0.5,.." SUBRECIPIENT AGREEMENT
ADAM H.PUTNAM
COMMISSIONER
This Federal Financial Assistan e Subrecipient Agreement ("AGREEMENT" )
made and entered into this g.W day of '1tO A , 20 ig by and
between the FLORIDA DEPARTMENT OF AGRICULTURE ANDUCONSUMER SERVICES,
( "RECIPIENT" ) , and the City of Clermont, ( "SUBRECIPIENT" ) . The
SUBRECIPIENT shall perform the Scope of Work as outlined in Attachment
A, hereby incorporated and attached hereto.
The Department of Management Services ' designated United Nations
Standard Products and Services Code (UNSPSC) is 70151500 .
A. SUBAWARD AMOUNT
The total award amount for satisfactorily completing the Scope of
Work is $8, 00 . 00 with a 1 : 1 match required (refer to section F -
MATCHING OR COST SHARE) . In no event shall the RECIPIENT be liable
for payment of any amount, which exceeds the total award amount .
B. EFFECTIVE DATE/TERM
1 . The effective date of this AGREEMENT shall commence upon
execution and, unless sooner terminated or canceled, shall end
on the 31st day of December of 2018 ( "Term" ) .
2 . No-cost extensions require the prior written approval of the
RECIPIENT and must be submitted not less than sixty (60) days
prior to the end of the Term. Extension requests, which exceed
the federal agency award period, will not be granted.
C. UNIVERSAL IDENTIFIER AND SYSTEM OF AWARD MANAGEMENT
1 . The SUBRECIPIENT shall comply with 2 CFR, Part 25, "Financial
Assistance Use of Universal Identifier and System of Award
Management" (SAM) . The SUBRECIPIENT must register and maintain
a registration in SAM until submittal of the final financial
report . A data universal numbering system (DUNS) number is
required for registration in SAM.
2 . Compliance with 2 CFR, Part 25 is not required for individuals .
D. FINANCIAL AND PROGRAM MANAGEMENT
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1 . Statutory and National Policy Requirements
a. All expenditures of federal financial assistance under the
AGREEMENT shall be in compliance with all applicable laws,
rules and regulations applicable to expenditures of federal
funds .
b. The SUBRECIPIENT shall implement applicable National Policy
Requirements .
2 . Deliverables
a. The SUBRECIPIENT must provide quantifiable, measurable and
verifiable units of Deliverables (Deliverables) which must
be received and accepted in writing by the RECIPIENT before
payment . Deliverables must be directly related to the
Scope of Work; specify minimum levels of service to be
performed; and contain criteria for evaluating the
successful completion of each Deliverable . The
Deliverables are set forth in the Scope of Work outlined in
Attachment A.
3 . Financial Management
a. The SUBRECIPIENT shall maintain an accounting system and a
set of accounting records, which allow for the
identification of revenues and expenditures related to this
AGREEMENT.
b. The SUBRECIPIENT shall comply with 2 CFR, Part 200 and
adhere to the accounting principles and procedures required
therein, use adequate internal controls and maintain
necessary source documentation for all costs incurred.
4 . Reimbursement Requests
a. The allowability of costs shall be in accordance with the
federal financial assistance cost principles applicable to
the SUBRECIPIENT and terms of this AGREEMENT.
b. The SUBRECIPIENT shall submit the payment request packet to
the RECIPIENT' s grant manager not more often than monthly,
but not less often than quarterly. To be eligible for
reimbursement, costs shall be allowable, necessary and
reasonable, and must be submitted by budget category
consistent with the budget plan, Attachment B, hereby
incorporated and attached hereto.
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c. All reimbursement requests must be submitted using the
RECIPIENT' s Subrecipient Payment Request Summary Form
(FDACS-02019) , which is downloadable from
www. FreshFromFlorida. com or by providing in a different
format the information that is required on the RECIPIENT' s
Subrecipient Payment Request Summary Form (FDACS-02019) ,
and provide supporting documentation for each cost . An
authorized SUBRECIPIENT representative shall sign the
certifications on the payment request packet submitted.
d. The payment request packet is downloadable from
http: //forms .freshfromflorida.com/02019.pdf.
e. $8, 000 for one year in 1 : 1 cost share funds (as documented
in the attached funding breakdown document) based on
invoices submitted for expenses incurred during the
quarterly periods ending March 31, June 30, September 30
and December 31 of each year. Invoices must be received
within 30 calendar days of the conclusion of each quarter.
Bills will be in the form of an invoice by major categories
and will include local funding information detailing staff
salaries, benefits, indirect costs (at 10% of Total Direct
Costs) and other approved expenses, if accrued. All bills
will be accompanied by copies of "Department Ledgers
Actuals Detail by Project and Date" and Cost Sharing by
Project" ledgers and progress reports to date.
f. A SUBRECIPIENT whose federal financial assistance grant
provides an online reimbursement system for reporting
reimbursement details shall use the online reimbursement
system instead of the payment request packet.
g. Bills for any authorized travel expenses shall be submitted
and paid in accordance with the rates specified in Section
112. 061, Florida Statutes, governing payments by the State
for travel expenses . Any travel expenses must be specified
in the Budget Plan and Scope of Work.
h. Travel and per diem costs are not allowable under this
contract.
i . No advance payments are allowed.
5. Payment of Reimbursement Requests
a. Payment for allowable, necessary and reasonable costs shall
be made within thirty (30) days after acceptance by the
RECIPIENT. Payment request packets returned to the
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SUBRECIPIENT due to omissions or preparation errors will
result in a payment delay.
b. Payment requests for a percentage of work completed on each
task deliverable are allowed.
c. Payment is contingent upon the availability of funding from
the federal agency and SUBRECIPIENT' S compliance with the
terms and conditions of this AGREEMENT.
d. The final payment under this AGREEMENT shall be made upon
completion of the Scope of Work including all deliverables
and the receipt and approval of all reports required
hereunder.
(1) Reimbursement Request Form with required backup
documentation.
(2) Final report summarizing what was accomplished with
the grant funding.
(3) Copy of a news release that will be submitted to a
local publication crediting the U. S . Forest Service
for providing funding.
(4) Certification of Acceptance executed by a Florida
Forest Service official .
The SUBRECIPIENT must submit the final claim for
reimbursement to the RECEIPIENT on or before 30 days from
the end of the term of the contract .
e . Disallowance or adjustments due to audit findings may
require the SUBRECIPIENT to return funds to the RECIPIENT.
The SUBRECIPIENT is solely responsible for reimbursing the
RECIPIENT for amounts incorrectly paid to the SUBRECIPIENT.
6 . Program Income
a. "Program income includes but is not limited to income from
fees for services performed, the use or rental of real or
personal property acquired under federal awards, the sale
of commodities or items fabricated under a federal award,
license fees and royalties on patents and copyrights, and
principal and interest on loans made with federal award
funds" . 2 CFR, 200 . 80 .
b. The SUBRECIPIENT must report to the RECIPIENT any program
income received or anticipated from the activities
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performed under this AGREEMENT.
7. Revision of Budget Plan
a. The Budget Plan lists costs and budget categories to fund
the SUBRECIPIENT' S performance of the Scope of Work
including the completion of Deliverables .
b. SUBRECIPIENT is required to report any transfers from one
approved budget category to another approved budget
category. If the cumulative budget transfers meet or
exceed ten percent (10%) , prior approval, evidenced by
contract amendment, is required.
c. Prior approval, evidenced by contract amendment, is
required for:
(1) any transfers from an approved budget category to an
unapproved budget category. An unapproved budget
category is defined as having no funds allocated in the
original Budget Plan.
(2) any equipment purchases not noted in the original
Budget Plan and/or Scope of Work.
(3) any subawarding or contracting out of any work not
noted in the original Budget Plan and/or Scope of Work.
8 . Revision of Scope of Work
a. The SUBRECIPIENT shall report any changes to the Scope of
Work including but not limited to changes in the
objectives, changes in key personnel, reduction of work
effort by key personnel and delays in completion of the
work.
9 . Acknowledgements
a. The SUBRECIPIENT shall have an acknowledgement of the USDA
Forest Service' s support placed on any publication written
or published or audiovisual produced with grant support
and, if feasible, on any publication reporting the results
of, or describing, a grant-supported activity, or
audiovisuals produced with grant support . This requirement
does not apply to audiovisuals produced as research
instruments or for documenting experimentations or findings
and not intended for presentation or distribution to the
public . Minimum verbiage requirement is as follows : "This
publication made possible through a grant from the USDA
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•
Forest Service in cooperation with the Florida Forest
Service. "
b. Publication means a published book, periodical, pamphlet,
brochure, flier, or similar item.
c . Audiovisual means a product containing visual imagery or
sound or both.
d. The SUBRECIPIENT acknowledgement must contain a disclaimer
that says : "Any opinions, findings, conclusions, or
recommendations expressed in this publication or
audiovisual are those of the author (s) and do not
necessarily reflect the view of the USDA Forest Service" .
e . Language shall read:
The work upon which this (insert publication or audiovisual
or both) is based was funded, in whole or in part through a
subrecipient grant awarded by the USDA Forest Service
through the Florida Department of Agriculture and Consumer
Services . The contents do not necessarily reflect the
views or policies of the USDA Forest Service nor does
mention of trade names, commercial productions, services or
organization imply endorsement by the U. S. Government.
E. PROPERTY STANDARDS
1 . Equipment and Real Property
a. Equipment must be used in the project for which the federal
funds are derived.
b. The federal agency has a vested interest in equipment
and/or real property which, when purchased, exceeds $5, 000
in value. If a title is issued for the equipment and/or
real property, the federal agency must be listed on the
title .
c. The SUBRECIPIENT must maintain property records, which
include, but are not limited to, the description, serial
number or other identification number, acquisition date,
cost, location, percentage of federal participation in the
cost of the property, use and condition of the property.
When the property is disposed of, the property records must
be updated with the date of disposal and sale price of the
property.
d. A physical inventory is required at least once every two
years .
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e . If the equipment and/or real property are to be sold or
used as a trade-in, approval of the RECIPIENT is required.
f . At the end of the award period, the SUBRECIPIENT is
required to request from the RECIPIENT disposal
instructions and is required to notify the RECIPIENT of the
fair market value of the equipment and/or real property.
2 . Insurance Coverage
a. The SUBRECIPIENT will carry sufficient insurance coverage
to protect all assets required under the AGREEMENT from
loss due to theft, fraud and/or undue physical damage .
SUBRECIPIENT shall carry insurance on its own assets in
commercially reasonable amounts and all statutorily
required insurance, including without limitation Workers'
Compensation insurance .
3 . Intellectual Property
a. Anything by whatsoever designation it may be known, that is
produced by, or developed in connection with this
AGREEMENT, shall become the exclusive property of the
SUBRECIPIENT and may be copyrighted, patented or otherwise
restricted as provided by Florida or federal Law.
b. SUBRECIPIENT represents that every person who is involved
in the Scope of Work agrees to assign to SUBRECIPIENT all
rights in any intellectual property that is produced by or
developed through funding under this AGREEMENT.
c . If the RECIPIENT desires a license to practice any
inventions that are embodied in any intellectual property
that is produced by or developed through funding under this
AGREEMENT, SUBRECIPIENT hereby grants a royalty-free, non-
exclusive, non-transferrable license in that property for
governmental purposes .
d. Notwithstanding anything to the contrary contained above,
the United States Department of Agriculture reserves a
royalty-free, nonexclusive license to practice any
inventions that are embodied in any intellectual property
that is produced by or developed through funding under this
AGREEMENT for governmental purposes .
e. The foregoing shall not apply to any preexisting software,
or other work of authorship used by SUBRECIPIENT to create
a Deliverable but which exists as work independent of the
Deliverable, unless the preexisting software or work was
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•
developed by the SUBRECIPIENT pursuant to a previous
AGREEMENT with the RECIPIENT or by a purchase by the
RECIPIENT under a state term contract .
F. MATCHING OR COST SHARE (IF APPLICABLE)
1 . The matching or cost share portion must be tracked using a
unique identifier in the SUBRECIPIENT accounting system.
2 . If the matching or cost share portion is not met, the RECIPIENT
may disallow costs paid with federal funds in proportion to the
reduction in the matching or cost share amount .
3 . The matching or cost share portion must be incurred in direct
proportion to the amount of federal funds used.
4 . The matching or cost share portion must be reported based upon
the Budget Plan (Attachment B) .
5 . Records for in-kind contributions, which are based upon
volunteer hours, must have timesheets or a sign in/sign out log
and must explicitly state the method for valuation of the
hours . The value must be reasonable .
6 . Records for in-kind contributions, which are based upon goods
or services provided, must have an invoice, if available, or
must explicitly state the method for the valuation. The value
must be reasonable.
7 . In-kind contributions must be provided by a third party during
the period for which they are being claimed.
8 . The matching or cost share portion must not be counted towards
other cost sharing requirements . Neither costs nor values of
third party in-kind contributions may count if they have been
used towards other cost sharing requirements .
G. GENERAL PROCUREMENT STANDARDS
1 . The SUBRECIPIENT will follow the same policies and procedures
it uses for procurements from other funding sources .
2 . The SUBRECIPIENT must have documented procurement procedures .
3 . The SUBRECIPIENT must have written policies on standards of
conduct covering conflicts of interest . No employee, officer,
or agency may participate in the selection, award or
administration of a contract supported by federal funds if he
or she has a real or apparent conflict of interest .
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H. PERFORMANCE MONITORING AND REPORTING
1. The SUBRECIPIENT shall submit detailed quarterly reports using
the format and content shown on the RECIPIENT' s performance
progress report . The performance progress report is
downloadable from http: //forms . freshfromflorida.com/02018 .pdf .
2 . In the event the AGREEMENT is terminated, the SUBRECIPIENT
shall furnish a report detailing progress made under this
AGREEMENT through the date of termination within twenty (20)
days of termination.
3 . The SUBRECIPIENT shall cooperate in all on-site reviews from
the RECIPIENT, its authorized representatives or federal
government personnel .
4 . The review personnel will be given full and complete access
during normal business hours to all information related to the
performance of this AGREEMENT to ensure compliance with project
activities and statutes, regulations and rules .
5 . The RECIPIENT will give 48 hours of notice of any on site
review.
6 . The SUBRECIPIENT shall make available all personnel involved in
the performance of work on this AGREEMENT.
7 . Failure to correct substandard performance within thirty (30)
days after written notice from the RECIPIENT shall result in
suspension and/or termination of the AGREEMENT.
I . RECORD RETENTION AND ACCESS
1 . Retention Requirements for Records
a. Upon reasonable notice, the RECIPIENT shall have access to
the SUBRECIPIENT' S records during normal business hours .
b. The SUBRECIPIENT shall maintain all records pertinent to
the activities to be funded under this AGREEMENT for a
period of five (5) years after final payment is received
and for such additional period as may be required until all
claims, litigation and appeals pertaining or related to the
AGREEMENT have been completely resolved.
2 . Public Access to Records
a. The SUBRECIPIENT shall comply with all applicable
requirements of Chapter 119, Florida Statutes .
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IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENTS' S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
OFFICE OF GENERAL COUNSEL
407 SOUTH CALHOUN STREET, SUITE 520
TALLAHASSEE, FL 32399
PHONE: (850) 245-1000
EMAIL: PRCUSTODIAN@FRESHFROMFLORIDA.COM
J. REMEDIES FOR NONCOMPLIANCE
1 . Prior to the exercise of any remedy provided for herein, the
RECIPIENT shall provide thirty (30) calendar days written
notice of default and shall provide the SUBRECIPIENT the
opportunity to cure such failure or default within said thirty
(30) day period. Upon the failure or inability to cure, the
RECIPIENT shall have all rights and remedies provided at law or
in equity, including without limitation the following:
a. Temporarily withhold cash payments pending correction of
the deficiency by the SUBRECIPIENT.
b. Disallow all or part of the cost of the services not in
compliance .
c . Wholly or partly suspend or terminate this AGREEMENT.
2 . Termination
a. The RECIPIENT may suspend or terminate this AGREEMENT if
the SUBRECIPIENT:
(1) Fails to comply with any applicable rules, regulations
or provisions referred to herein, or any other
applicable state or federal statutes, rules,
regulations, executive orders, federal guidelines,
policies or directives;
(2) Fails, to timely fulfill its obligations under the
AGREEMENT;
(3) Improperly or illegally uses funds provided under this
AGREEMENT; or
(4) Submits reports that are incorrect in any material
respect .
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b. This AGREEMENT may be terminated for convenience by either
party upon giving not less than thirty (30) days advance
written notice to the other party. SUBRECIPIENT shall be
paid for all work satisfactorily performed prior to the
date of termination provided SUBRECIPIENT has otherwise
complied with the terms of this AGREEMENT, including the
submission of all reports .
K. CLOSE OUT
1 . Notwithstanding the termination or expiration of this
AGREEMENT, the SUBRECIPIENT' S obligations to the RECIPIENT
shall survive until all close out requirements are completed.
Close out activities shall include but are not limited to:
completing and submitting final reports, properly disposing of
property, accounting for unspent cash advances and program
income and transferring custodianship of records to RECIPIENT
or its designee.
2 . Post-close Out Adjustments
Any funds paid in excess of the amount to which the
SUBRECIPIENT is entitled under the AGREEMENT must be refunded
to the RECIPIENT within thirty (30) days after demand therefore
by RECIPIENT.
L. AUDIT REQUIREMENTS
1 . Audit Provisions
a. If the SUBRECIPIENT is a state or local government or a
nonprofit organization, the audit provisions as defined in
2 CFR, Part 200 Subpart F are applicable .
b. If the SUBRECIPIENT is a commercial organization (For-
Profit) , the organization will provide the RECIPIENT with
its annual audited financial statement or the annual tax
return provided to the Internal Revenue Service .
c . Audit provisions are not required for a SUBRECIPIENT who is
an individual .
d. In the event that the SUBRECIPIENT expends $750, 000 or more
in federal awards in its fiscal year, the SUBRECIPIENT must
have a single or program-specific audit conducted in
accordance with the 2 CFR, Part 200 Subpart F.
e . If the SUBRECIPIENT expends less than $750, 000 in federal
awards in its fiscal year, an audit conducted in accordance
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with the provisions of 2 CFR, Part 200 Subpart F is not
required. Records must be available for audit or review if
necessary.
f . If the SUBRECIPIENT expends less than $750, 000 in federal
awards in its fiscal year and elects to have an audit
conducted, the cost of the audit must be paid from non-
federal resources .
2 . Basis for Determining Federal Awards Expended
a. In determining the federal awards expended in its fiscal
year, the SUBRECIPIENT shall consider all sources of
federal awards, including federal resources received from
the RECIPIENT.
b. The determination of amounts of federal awards expended
should be in accordance with the guidelines established by
2 CFR, Part 200 Subpart F.
3 . Relation to Other Audit Requirements
a. If the SUBRECIPIENT has an audit conducted in relationship
to any other federal regulation or statute, the RECIPIENT
may determine upon review if the audit reports meet the
needs of the RECIPIENT. If so, an additional audit will
not be required.
b. An audit of the SUBRECIPIENT conducted by the Auditor
General in accordance with provisions of 2 CFR, Part 200
Subpart F will meet these requirements .
c . These provisions do not limit the authority of the federal
agency, Inspector General, General Accounting Office (GAO)
or RECIPIENT to conduct or arrange for the conduct of
audits or evaluations of federal financial assistance
awards .
4 . Frequency of Audits
a. Audits shall be performed annually to meet this
requirement .
5 . Sanctions
a. If the SUBRECIPIENT is unwilling or has a continued
inability to have an audit conducted, the provisions for
noncompliance will be enforced.
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6 . Subrecipient Responsibilities
a. The SUBRECIPIENT shall arrange for the audit to be
conducted in a timely manner and submitted as required in 2
CFR, 200 . 512 .
b. The SUBRECIPIENT shall prepare the financial statements in
accordance with 2 CFR, 200 . 510 .
c . The SUBRECIPIENT shall promptly follow up and take
corrective action on audit findings .
d. The SUBRECIPIENT will provide the auditor with access to
records, personnel, documentation and other information as
needed by the auditor.
7 . Audit Findings Follow-up
a. At the completion of the audit, the SUBRECIPIENT must
prepare, in a document separate from the auditor' s findings
a corrective action plan to address each audit finding
included in the current year auditor' s reports .
b. The corrective action plan must provide the name (s) of the
contact person(s) responsible for corrective action, the
corrective action planned and the anticipated completion
date.
c . If the SUBRECIPIENT does not agree with the audit findings
or believes corrective action is not required, then the
corrective action plan must include an explanation and
specific reasons .
d. Any deficiencies noted in audit reports must be fully
cleared by the SUBRECIPIENT within thirty (30) days after
receipt by the SUBRECIPIENT.
e . Failure of the SUBRECIPIENT to comply with the above
requirement will constitute a violation of this AGREEMENT
and may result in the withholding of future payments .
8 . Report Submission
a. The audit must be completed and the data collection form
and reporting package must be submitted within the earlier
of thirty (30) calendar days after receipt of the auditor' s
report (s) or nine months after the end of the audit period.
If the due date falls on a Saturday, Sunday, or Federal
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holiday, the reporting package is due the next business
day.
b. The SUBRECIPIENT must submit required data elements
described in Appendix X to 2 CFR, Part 200 - Data
Collection Form (SF-SAC) , which states whether the audit
was completed in accordance with this part and provide
information about the SUBRECIPIENT, its federal programs
and the results of the audit .
c . A senior representative of the SUBRECIPIENT must sign a
statement to be included as part of the data collection
that the SUBRECIPIENT has complied with the audit
requirements, the data was prepared in accordance with 2
CFR, 200 . 512 , the reporting package does not include
protected personally identifiable information, the
information is accurate and complete and the reporting
package and form will be publicly available on the web.
d. The SUBRECIPIENT shall also submit to the RECIPIENT' s Grant
Manager one copy of the audit report, reporting package,
any management letter issued by the auditor and data
collection form described in Appendix X to 2 CFR, Part 200 .
e . The SUBRECIPIENT is required to use the Internet submission
form on the Federal Audit Clearinghouse (FAC) website. The
FAC website is located at http: //harvester.census.gov/fac/ .
f . The SUBRECIPIENT shall ensure that audit working papers are
made available to the RECIPIENT, or its designee, Chief
Financial Officer or Auditor General upon request for a
period of five (5) years from the date the audit report is
issued, unless extended in writing by the RECIPIENT.
M. GENERAL CONDITIONS
1 . Nothing contained in the AGREEMENT is intended to, or will be
construed in any manner, as creating or establishing the
relationship of principal and agent or employer and employee
between the parties . The SUBRECIPIENT will at all times remain
an independent contractor with respect to the services to be
performed under the AGREEMENT.
2 . Any changes to the AGREEMENT require the written approval of
each party' s authorized official .
3 . The RECIPIENT shall have the right of unilateral cancellation
for refusal by the SUBRECIPIENT to allow public access to all
documents, papers, letters or other material made or received
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by the SUBRECIPIENT in conjunction with the AGREEMENT, unless
the records are confidential or exempt from s . 24 (a) of Article
I of the State Constitution and s . 119 . 07 (1) , Florida Statutes .
4 . The SUBRECIPIENT is informed that a person or affiliate who has
been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a SUBRECIPIENT, 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,
Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list .
5 . The CONTRACTOR shall not discriminate on the basis of race,
sex, religion, color, national origin, age, or disability, and
shall comply with all applicable state and federal laws and
regulations related thereto, including without limitation, the
Americans with Disabilities Act (42 USC 12101 et . Seq. ) ;
Section 504 of the Rehabilitation Act of 1973 (29 USC 795) ; and
the Age Discrimination Act of 1975 (42 USC 6101-6107 .
6 . The SUBRECIPIENT is informed that the employment of
unauthorized aliens by any SUBRECIPIENT is considered a
violation of Section 274A (e) of the Immigration and
Nationality Act . If the SUBRECIPIENT knowingly employs
unauthorized aliens, such violation shall be cause for
unilateral cancellation of the AGREEMENT.
7 . The SUBRECIPIENT is informed that an entity or affiliate who
has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to
a public entity, may not award or perform work as a
SUBRECIPIENT, supplier, subcontractor, or consultant under
contract with any public entity and may not transact business
with any public entity.
8 . This AGREEMENT is contingent upon the availability of funding
from the federal agency. The AGREEMENT may be terminated if
funding from the federal agency is reduced or terminated.
FDACS-02017 6/16
Page 15 of 17
•
9 . The SUBRECIPIENT certifies that neither it, nor its principals,
is presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation
in this transaction by any Federal department or agency; and,
that the SUBRECIPIENT shall not knowingly enter into any lower
tier contract, or other covered transaction, with a person who
is similarly debarred or suspended from participating in this
covered transaction.
10 . Any work or services subcontracted by the SUBRECIPIENT shall be
specifically by written contract or agreement, and such
subcontracts shall be subject to each provision of this
AGREEMENT and applicable Federal, State or County guidelines
and regulations . Prior to execution by the SUBRECIPIENT of any
subcontract hereunder, the SUBRECIPIENT must submit such
subcontracts to the RECIPIENT for its review and approval .
11 . The SUBRECIPIENT will, to the extent permitted by law, hold
harmless, defend and indemnify the RECIPIENT from any and all
claims, actions, suits, charges and judgments whatsoever that
arise out of the SUBRECIPIENT' s performance or nonperformance
of the services or subject matter called for in this AGREEMENT.
Nothing herein contained shall be construed or operate as a
waiver of sovereign immunity to the extent sovereign immunity
may otherwise apply.
12 . The SUBRECIPIENT will comply with section 20 . 055, Florida
Statutes .
This AGREEMENT may be amended at any time provided that such
amendments make specific reference to this AGREEMENT and are executed
in writing and signed by a duly authorized representative of each
party.
In the event that two or more documents combine to form this
AGREEMENT, and in the event that there is any contradictory or
conflicting clause or requirement in these documents, the provisions
of the document (s) prepared by the RECIPIENT shall be controlling.
This AGREEMENT shall be controlled by Florida law, contrary or
conflict of law provisions notwithstanding.
In the event that any clause or requirement of this AGREEMENT is
contradictory to, or conflicts with the requirements of Florida law,
the clause or requirement shall be without force and effect and the
requirements of the Florida Statutes and rules promulgated thereunder
on the same subject shall substitute for that clause or requirement
and be binding on all parties hereto.
FDACS-02017 6/16
Page 16 of 17
•
Special Conditions : See attachment or N/A
This AGREEMENT constitutes the entire AGREEMENT between the RECIPIENT
and the SUBRECIPIENT for the use of the funds received under this
AGREEMENT.
The Grant Manager for the RECIPIENT is Lou Shepherd and is located at
Florida Forest Service, 3125 Conner Boulevard, C-25, Tallahassee,
Florida, 32399-1650 .
The Grant Manager for the SUBRECIPIENT is James Kinzler and is located
at the City of Clermont, 685 W. Montrose Street, Clermont, Florida,
34711-2119 .
Federal resources awarded to the SUBRECIPIENT pursuant to this
agreement are from the U. S . Department of Agriculture/U.S . Forest
Service, federal financial assistance funding opportunity under FAIN
#17-DG-11083112-001 and Catalog of Federal Domestic Assistance number
10 . 664 , Cooperative Forestry Assistance .
Signed by parties to this AGREEMENT:
FLORIDA DEPARTMENT OF AGRICULTURE SUBRECIPIENT
AND CONSUMER SERVICES
Si. - •re S . •,= "-
Director of Administration nctryt.).ey-
Title
Tit
Old 4 18
Date Date
FDACS-02017 6/16
Page 17 of 17
AiTA644ME 4T A
Florida Department of Agriculture and Consumer Services
Division of Administration
y ' SCOPE OF WORK
'.;l
1 2CFR 200
L
ADAM H.PUTNAM
COMMISSIONER
1. Federal Financial Assistance Funding Opportunity Number: 2.Subrecipient FEIN:
17-DG-11083112-001 59-6000290
3.Subrecipient Legal Name: 3
City of Clermont
Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before including
any proprietary or confidential information.
Performance Measures
Deliverable# Tasks Task Description Indicator Costs per Unit Outcome Measures
1 Tree Installation Install 29 trees Delivery $20,000 Tress Installaed
2 Grown- In Period Maintain new trees On-Site $0.00 Healthy Trees
Describe in detail the activity or work to be conducted.
The UCF grant project will install 29 native tree species throughout the new Victory Pointe Park.The plantings
will consist of Like Oaks,Crape Myrtle and Loblolly Trees. The City will use a landscape contractor to carry out
the landscape design that has been incorporated into the Victory Pointe Construction Plans. The design was
completed by a registered landscape architect along with a certified arborist. The$20,000 total grant project
cost includes the purchase, delivery and installation of the trees as well as grown-in maintenance and one-year
warranty on the plantings.As part of the plans installation and maintenance guidelines were provided.
All trees will be Grade#1 or better.A breakdown of the trees being installed is below:
#Trees Tree Name Tree Characteristics
13 Crape Myrtle (Lagerstroemia indica 'Tuscarora') 10'-12' Ht. 6'-8'Sprd. 30 gal.
3 Loblolly Bay (Gordonia lasianthus) 12' Ht x 5'Sprd. 2.5"calp
13 Cathedral Live Oak(Quercus virginiana 'Cathedral') 14'-16' Ht. X 7'-8' 3.5 inch calp.
(Continued on next page)
a ,
Florida Department of Agriculture and Consumer Services
Division of Administration
�3 SCOPE OF WORK
��� 2CFR200
ADAM H.PUTNAM
COMMISSIONER
1. Federal Financial Assistance Funding Opportunity Number: 2.Subrecipient FEIN:
17-DG-11083112-001 59-6000290
3.Subrecipient Legal Name: 3.
City of Clermont
Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before including
any proprietary or confidential information.
Performance Measures
Deliverable# Tasks Task Description Indicator Costs per Unit Outcome Measures
1 Tree Installation Install 29 trees Delivery $20,000 Tress Installaed
2 Grown- In Period Maintain new trees On-Site $0.00 Healthy Trees
Describe in detail the activity or work to be conducted.
(Cont.)
The planting of native trees in a public park that also serves as a natural stormwater facility will further the
objectives of increasing awareness of the importance of native planting especially in the natural process of
treating stormwater. By creating an eco-tourism destination in the downtown waterfront area thousands of
visitors will be able to experience the project.The site will be open to the public daily and host many of the
City's special events,some drawing over ten thousand people. In addition,the completion of the project will
improve environmental education for school children.The project will be used by local organizations and
schools for field trips and environmental programming.
IThe installation of the trees is anticipated to happen in the third quarter of 2018.The trees will be installed and
the grow-in period completed by the end of August. The grand opening for the entire Victory Pointe site is
September 2018.
1
Florida Department of Agriculture and Consumer Services
Division of Administration
ADAM H.PUTNAM
COMMISSIONER
1. Federal Financial Assistance Funding Opportunity Number: 2.Amount of funds requested for this project:
17-DG-11083112-001 $10,000
3.Subrecipient Legal Name:
City of Clermont
Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before
including any proprietary or confidential information.
Project Narrative:
The proposed project is part of a larger effort that encompasses all downtown Clermont. In 2015 the City of
Clermont approved the Downtown &Waterfront Master Plan that identified several major projects that
included stormwater,streetscape and recreational facilities. The plan which took several years to complete was
developed through a combination of public input, city staff consultation and the guidance of an experienced
design team. The plan,with an estimated cost of$15,000,000 was approved unanimously by the City Council in
March 2015. In January of 2016 the City Council designated the West Lake Basin as the first project to be
initialed from the plan and began design on the project. Construction on the first phases has begun with
anticipated opening date of August 2018.
The plan was developed as a long-range vision that would transform the waterfront Downtown Area.The plan
identifies six potential projects that would provide stormwater relief, improve the quality of water entering Lake
Minneola,enhance transportation and increase recreational opportunities. The combination of these activities
will significantly impact the community's quality of life. In addition to the West Lake Wetlands project,the
larger effort will include a promenade that promotes access to the waterfront and maximizes the number of
people visiting the downtown area. Other projects that make up that the plan include transforming current
roadways into"green streets"with low impact features and creating a new signage/wayfinding system that
promotes the City's branding: "Clermont Choice of Champions".
The plan, including the Victory Pointe project also incorporates improvements to the South Lake Trail which runs
through downtown, along the waterfront.The regional trail is part of the State's Coast to Coast Connector. The
trail is a major part of the downtown redevelopment effort. In January of 2016 the City Council designated the
Victory Pointe project as the first project to be initiated from the plan and completed design on the project.
The Victory Pointe project has tremendous public support. As part of the Downtown &Waterfront Master Plan
the project was discussed at several public meetings while developing the plan.These visioning sessions allowed
residents and stakeholders to view conceptual designs,speak with consultants and City staff and ultimately build
support for implementation of the plan. Public outreach during this process also included providing
information to the community through City's website, newsletters and local press.The project continues to be
featured in multiple articles in newspapers across the region.
In March 2015, the City Council voted 5-0 to approve the Master Plan. In December 2015 through an
RFP process, the City selected a firm to complete the design.
Florida Department of Agriculture and Consumer Services
Division of Administration
AIlik
ADAM H.PUTNAM
COMMISSIONER
1. Federal Financial Assistance Funding Opportunity Number: 2.Amount of funds requested for this project:
17-DG-11083112-001 $10,000
3.Subrecipient Legal Name:
City of Clermont
Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before
including any proprietary or confidential information.
Project Narrative:
Government support for the project has continued through the design process as several public input meetings
•were held in March and April to discuss the project and grant applications being submitted for funding
The UCF grant project will consist of the planting of 3 different native tree species within the project site. 29 Live
Oaks,Crape Myrtle and Lobolly Trees will be installed in the parks most active and visible areas. The project will
take place between February and August of 2018.The project will further the City's larger objective of creating
an urban environmental and recreational destination.The UCF project will achieve the following goals:
The goals of the Victory Pointe Tree Demonstration project are:
• Increase the native tree population within the downtown area
• Enhance public awareness of the importance of native plantings and its relationship to the environment
• Further the City's Tree USA designation and existing tree programs
With a total estimated cost of over$9,000,000 the City has been actively seeking and obtaining grants to assist
with completion of the project.To date over$4,000,000 has been obtained to fund many of the stormwater,
cultural and recreational elements. Funding from the UCF program is needed to ensure that the main objective
of the project, enhancing the environment, can be furthered with the planting and promotion of native tree
species throughout the site.
The location and type of species has been determined as part of the project's landscape plan.The plan was
designed by a Registered Landscape Architect and Certified Arborist. The installation and maintenance of the
trees will be completed by a landscape contractor who is required to be overseen and approved by the same
RLA.The grant administration will be handled by the City's Director of Capital Planning, Grants and Projects.The
City staff will spend approximately 15%of time on the larger Victory Pointe Project and an estimated 3%on the
UCF project.
The UCF grant project will become part of the City's public outreach effort.The City provides updates on the
project on its website and will continue to highlight the environmental attributes such as the urban forest and
water quality improvements. In addition, press for the project in local newspaper will continue.The UCF grant
will be highlighted once the tree planting begins. Once the project is completed,a press release will be
distributed specifically for the UCF grant and the Florida Forest service will be included on all documents as a
partner,along with many other State and Federal funding agencies.
The City is a Tree City USA and has received the Tree City USA Growth Award. It is anticipated that the project
site will be used for many of the City's special events including the annual Arbor Day Celebration.
a
SAG-Mar
Florida Department of Agriculture and Consumer Services
Division of Administration
BUDGET PLAN
., 2CFR 200
ADAM H.PUTNAM
COMMISSIONER
Federal Financial Assistance Funding Opportunity Number: Subrecipient FEIN:
17-DG-11083112-001 59-6000290
Subrecipient Legal Name:
City of Clermont
Category Grant Funding Match
Personnel
Fringe Benefits
Travel (not authorized)
Equipment(not authorized)
Supplies
Contractual (if authorized) $8,000 $8,000
Other Expenses
Total Direct Charges $'8,000 $8 y000
Indirect Charges(match only)
Total Amount 4 0,000 8,000
Florida Department of Agriculture and Consumer Services
Division of Administration
Aik
ADAM H.PUTNAM
COMMISSIONER
Federal Financial Assistance Funding Opportunity Number: Subrecipient FEIN:
17-DG-11083112-001 59-6000290
Subrecipient Legal Name:
City of Clermont
Direct Costs
The project has been designed by a landscape architect to engage a landscape contractor to purchase, delivery,
install and maintain the 29 trees that are part of the project. The$20,000 in contractual costs include all the
- elements above.The cost also includes maintenance and a warranty for the trees for 1 year.
The trees to be planted as part of the contract are:
13-Crape Myrtle(Lagerstroemia indica 'Tuscarora') 10'-12' Ht. 6'-8'Sprd. 25-30 gal.
13-Cathedral Live Oak(Quercus virginiana'Cathedral') 14'-16'X 7'-8' 3.5 inch Caip.
_ 3 Loblolly Bay(Gordonia lasianthus) 12' Ht x 5'Sprd. 2.5"cal .
*All trees will be Florida#1 or better quality
I-