Loading...
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 FDACS-02017 6/16 1 Page 1 of 17 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. FDACS-02017 6/16 Page 2 of 17 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 FDACS-02017 6/16 Page 3 of 17 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 FDACS-02017 6/16 Page 4 of 17 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 FDACS-02017 6/16 Page 5 of 17 • 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 . FDACS-02017 6/16 Page 6 of 17 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 FDACS-02017 6/16 Page 7 of 17 • 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 . FDACS-02017 6/16 Page 8 of 17 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 . FDACS-02017 6/16 Page 9 of 17 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 . FDACS-02017 6/16 Page 10 of 17 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 FDACS-02017 6/16 Page 11 of 17 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. FDACS-02017 6/16 Page 12 of 17 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 FDACS-02017 6/16 Page 13 of 17 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 FDACS-02017 6/16 Page 14 of 17 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-