Federal Financial Assistance Subrecipient Agreement 2_0 -2_ C I-- 3
• �aZMENT pf.
CONTRACT #
Florida Department of Agriculture and Consum
Division of Administration
�NSUMEP SF;:.` .0 2 4 0 0 2
ADAM H.PUTNAM FEDERAL FINANCIAL ASSISTANCE
COMMISSIONER SUBRECIPIENT AGREEMENT
This Federal Financial Assistance Subrecipient Agreement
( "AGREEMENT" ) made and entered into this f3 ' day of
F;C$kt.)AR'1 , 2017 by and between the FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, ( "RECIPIENT" ) , and the City of
Miami Beach, ( "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 $29, 247 . 00 . 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 1st day of March 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 aregistration 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
The SUBRECIPIENT must provide quantifiable, measureable
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 standard payment request packet 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 . 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 .
f . 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.
g. Travel and per diem costs are not allowable under this
contract .
h. 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
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. The SUBRECIPIENT must submit the
final claim for reimbursement to the RECIPIENT on or
before 30 days from the end of the term of the contract .
e . Disallowance or adjustments due to audit findings may
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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
performed under this AGREEMENT.
7 . Revision of Budget Plan
a. The Budget Plan lists cost 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
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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
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 Forest Service in cooperation
with the Florida Forest Service. "
Publication means a published book, periodical, pamphlet,
brochure, flier, or similar item.
Audiovisual means a product containing visual imagery or
sound or both.
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" .
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.
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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.
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
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.
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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
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.
The matching or cost share portion must be reported based
upon the Budget Plan submitted with the APPLICATION.
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.
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.
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In-kind contributions must be provided by a third party
during the period for which they are being claimed.
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 .
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.
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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
The SUBRECIPIENT shall comply with all applicable
requirements of Chapter 119, Florida Statutes .
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.
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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 .
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
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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 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
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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
Audits shall be performed annually to meet this requirement .
5 . Sanctions
If the SUBRECIPIENT is unwilling or has a continued inability
to have an audit conducted, the provisions for noncompliance
will be enforced.
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 .
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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 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 .
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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
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
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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.
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
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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.
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 Mark Williams and is
located at City of Miami Beach, 1700 Convention Center Drive, Miami
Beach, Florida, 33130 .
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
#16-DG-11083112-001 and Catalog of Federal Domestic Assistance
number 10 . 664 , Cooperative Forestry Assistance .
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Signed by parties to this AGREEMENT:
FLORIDA DEPARTMENT OF AGRICULTURE SUBRECIPIENT
AND CONSUMER SERVICES
Cr i
I/_
igk .•—
Sign Sig ature
Director of Administration CiT MANAGEff
Title Title
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Date Date
APPROVED AS TO
FORM & LANGUAGE
&FO E UTION
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City Attorney Dote
FDACS-02017 6/16
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Attachment A
Scope of Work
City of Miami Beach
Protecting&Restoring Urban Tree Canopy for Stormwater Management
This Scope of Work ("SOW") is dated as of the Date of Execution and is attached to and made a part
of that certain Federal Financial Assistance Subrecipient Agreement and all attachments thereto
(collectively, the "Agreement") by and between the City of Miami Beach and the Florida Forest
Service ("FFS").
Introduction
Rapid urbanization and increased climatic fluctuations have led to an increased risk of flooding
and degraded water quality. Trees intercept, store, and transpire a significant amount of
stormwater. Protecting and restoring urban forests are key stormwater management strategies,
resulting in significant cost savings. There are opportunities, and increasing interest, for
southern communities to incorporate trees as part of their required stormwater management
(MS4) programs.
This project was developed as a regional effort, originally designed to use Landscape Scale
Restoration funds (www.fs.fed.us/spf/redesign/fy2016_national_guidance.pdf)to advocate for
the use of the urban forest as a stormwater BMP, as part of the required stormwater
management(MS4) programs for municipalities. Landscape Scale Restoration funds were
insufficient to accomplish the goals of this program in Dade County. Due to the merit of the
project,the FFS reallocated funds to conduct this special county wide project. The project will
show how tree canopy protection and restoration can help counties with issues such as
stormwater compliance, reducing flooding, and meeting TMDL targets for impaired waters.
This is one of three pilot projects. FFS funding assures these three pilot projects will be
completed in Florida, linking urban forest management to stormwater mandates. The project
will use remote sensing analysis to create urban canopy data; code and ordinance audits will be
completed; stakeholder facilitation, ordinance amendments and a strategic plan will also be
developed. Local government partners will be assisted to establish goals, map urban tree
canopy and generate statistics on the stormwater and related benefits, conduct risk analysis for
future loss, and establish expansion or management goals to maximize benefits.
II. Background
Federal support to the Florida Urban and Community Forestry (U&CF) Program is authorized
by the Cooperative Forestry Assistance Act of 1978 (P.L. 95-313) as amended. The program
operates as a cooperative partnership between the FFS and USDA Forest Service, Southern
Region. The U&CF Program's goal is to develop, enhance and support sustainable urban and
community forestry programs throughout Florida by encouraging citizen and community
involvement. The goal of this project is to engage local government in active urban forest
management and encourage retention of urban trees and forested land by incorporating urban
forest management into existing stormwater management programs (i.e. Municipal Separate
Storm Sewer Systems (MS4) programs.
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This SOW specifically identifies the professional services to be provided by Green
Infrastructure Center(GIC)to Dade County whereby the two organizations will cooperate to
provide deliverables in the specified timeline. No time extension is allowed.
The work will contractually be carried out by the Green Infrastructure Center(GIC), a 501(c) 3
that works with local governments, communities, and regional planning organizations, land
trusts and developers to evaluate their green infrastructure assets and make plans to conserve
them. The GIC uses economic analysis, mapping, and land use planning and asset assessment
needed by communities to protect and restore their natural assets, specifically, green
infrastructure. The expertise provided by the GIC will help accomplish the FFS strategic goal
incorporated in its Forest Action Plan of encouraging the incorporation of forests and green
space in land-use planning through the principles of green infrastructure.As per the approved
proposal and Federal narrative, the GIC is a partner in completing the project requirements.
III. CONTRACT PERIOD: Date of Execution—March 1, 2018
IV. CONTRACTOR CONTRACT ADMINISTRATOR
Karen Firehock, Executive Director
Green Infrastructure Center Inc.
440 Premier Circle, Suite 220
Charlottesville, VA 22901
Phone: 434.244.0322
Email: Firehock@gicinc.org
V. WORK PLAN
A. Tasks/Activities for the City of Miami Beach:
1) Form a technical review committee made up of county agencies (e.g. planning,
engineering, forestry). Convene group for orientation(anticipate at least 6 technical
meetings over the project year). Maintain documentation of committee and county
contributions to the project.
2) Capacity Audits (to be done concurrently).
i. Perform data audit(assess all data layers available, especially land cover,tree
canopy, storm sewer, etc.)
ii. Perform code and ordinance audit—review whether and how trees can be used for
stormwater management as well as how well the county's codes and ordinances
protect, expand or restore the urban forest (tree ordinances, landscape codes etc.).
3) Analysis of current extent of the urban forest: GIC will utilize current high resolution
tree canopy or create new canopy data. Determine city's current canopy coverage and
calculate stormwater(and related)benefits. Create Possible Planting Area Analysis
(PPA)to determine how much canopy could be expanded. Determine potential future
stormwater benefits.
4) Stormwater and trees calculations methods review: Assess current software (i-Tree, i-
Tree Hydro, other reference manuals and models) for determining stormwater uptake.
Report results and recommended method.
5) Recommendations: Suggest code changes/incentives/programs that can integrate and
utilize the urban forest for better stormwater management.
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6) Outreach and education: Hold community forum(s)/workshops to educate developers,
decision makers, community about the proposed approach.
7) Write up recommendations: Suggest how local governments can best adopt new
programs, codes, processes to better integrate the county's trees as part of their
stormwater management program.
8) Sharing the work: Create a case booklet and a PowerPoint presentation, which features
each of the seven participating states; detailing the project, methodology, lessons
learned and best practices for others who wish to do this work. Copies are to be
delivered to FFS.
9) Present the case booklet at: state forestry conferences, the national Partners in
Community Forestry Conference, the American Planning Association, Stormcon
(stormwater engineers' conference) and possibly the Water Environment Federation
(WEFTech). This is dependent on completion of projects by other states to allow for a
comprehensive presentation for the entire southern region.
B. Timeline: Date of Execution to March 1, 2018.
TASKS: Date of Execution —March 1, 2018
1 Task 1. Form committees of county staff, kick off meeting,project work
plan,training
2 Task 2. Capacity Assessments: Perform audits: capacity, data, code and
ordinance
3 Task 3. Create/Analyze urban forest canopy
4 Task 4. Create stormwater and tree calculations
5 Task 5. Strategies: Develop and present possible code changes/incentive
ideas to local governments
6 Task 6: Hold community forum to share ideas and revise strategies to
present to counties
7 Task 7: Write up and present final recommendations
8 Task 8: Create a case study of the participants for later inclusion in the
case booklet for the Southern Region and a PowerPoint presentation that
features the participating state.
9 Task 9: Present the case studies at a minimum of 3 events.
VI. Roles, Responsibilities and Deliverables
Deliverables of GIC for the City of Miami Beach:
1) A process for integrating trees into the City's stormwater management strategy, each
county will get.
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2) Updated tree canopy and impervious land cover map used to map current canopy and
analyze runoff, stormwater benefits and potential for mitigating stormwater(map and GIS
digital format) + metadata.
3) Potential planting areas map (digital GIS) used for strategic planning to set future canopy
goals.
4) Codes and Ordinance Audit for urban trees to facilitate better management and care.
5) Workshops with local committees to provide education and solicit input.
6) Model ordinance language or other program/policy documents for using trees to meet
stormwater regulations.
7) Written step-by-step strategy and methodology for linking urban forest systems to urban
MS4 requirements for the City.
8) Case study of the project suitable for sharing at workshops, with elected and appointed
officials and other agencies, OF-IFAS and stakeholders.
VII. Summary of Roles and Responsibilities
GIC City FFS Notes
Develop Tree Canopy Data Layer Review data/quality assurance Review work product Much of this review is on
line
Review data Provide base data for analysis n/a City provides existing data
—e.g.parcels
Code and ordinance audit Provide relevant codes and review Review work product Ciyy recommends codes to
work. review
Work with review committee to Convene review committee and Attend meeting GIC can assist with
establish goals review results (if desired) facilitation.There will be
several meetings(6 or more
over the year).
Calculate stormwater and other Review process and results Review work product
benefits
Create a potential planting area Convene review committee and Review work product Not an actual plan but a
analysis and calculate potential review results model of potential for
future benefits informing strategies
Draft recommendations for Recommend future actions for Review work product Used to create case study
integrating trees in stormwater integrating trees in stormwater and make
management management recommendations
Training in using updating data Update data,integrate actions into Participate in training All data created to be given
local activities,plans,strategies to city in GIS and related
formats
Write case study Review and contribute to case Review work product Limited copies to be
study and assist in printed/others to be PDF
dissemination format.
Summary Responsibilities are subject to Agreement Requirements set forth in MOA.
FDACS-02017 6/16
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VIII. Project Budget: $29,247.00
IX. Budget and Match Requirements
The City must prepare documentation showing how it will provide its match. Following are the
rules for documenting and submitting the match. The FFS must adhere to these requirements as
they have been established by the USDA Forest Service who are the project funders. Match
documentation is due every three months and must be received by the FFS —the deadlines will
be provided once the project begins.
1) The City must use the official reporting form to list receipts, paid invoices and amounts as
well as subtotals. (The GIC can provide the electronic form in MS Excel).
2) Ensure that copies of invoices and receipts show clearly visible dates and amounts. All
invoices and receipts must either show a zero balance or have written verification of
payment. If the vendor is not obvious (e.g. Fred's Discount Store), notate what the item was
for(e.g. display boards for mounting maps).
3) The volunteer form will be provided to record match hours for staff, attendees at meetings
etc. Ideally use one sheet for staff and one for volunteers. If a community meeting is held,
record names and sign form on behalf of the attendees — a responsible party must certify
those persons attended.
4) If using rent as a match, provide documentation of rental payment or estimate of square
footage dedicated to this project and evidence of fair market value (e.g. class A office
space @ $30/sq. ft. at 20 percent of floor area)
5) Only non-federal or non-state sources can be used as a match. For example, if a staff
member is funded by a federal grant, their time may not be used as match. Similarly,
federal funds cannot be used as a match, nor can federal facilities etc.
6) Matches are only appropriate for work or supplies used on this grant. Unrelated work or
supplies may not be used as a match.
7) Documentation for the match requirement outlined above must be submitted quarterly.
Match documentation can be submitted by email. If submitting digitally, provide scanned
copies of receipts.
X. Data: In order for GIC to map current and potential future tree canopy, calculate impervious
areas and develop the possible planting area analysis, the GIC must obtain a copy of the
datasets used by the City such as roads, parcels, zoning etc. The City may choose to sign a data
sharing agreement. An agreement form is not required by GIC. The GIC will ensure that all
data are kept confidential. All data created for the project becomes the property of the City. The
GIC and the state of Florida may represent results in presentations or reports.
XI. PAYMENT SCHEDULE: GIC invoices and FFS reimbursement requests paid on a monthly
basis,per the Deliverables table. Payments may be made on partial completion of task but
percent task complete must be specified. This is a not-to-exceed contract and amounts within
categories may be shifted as long as the total amount is not exceeded. Payments will be limited
to those outlined in this contract. Reports and requests for reimbursement to be submitted
to the Contract Administrator listed below.
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XII. CONTRACT ADMINISTRATOR: All contract related questions should be directed to the
Contract Administrator.
Judy Hoanshelt
Grants Officer
Office of Budget& Performance Improvement
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33130
Tel:305-673-7510/305-673-7000 ext 6183
Fax: 786-394-4675
judyhoansheltamiamibeachfl.gov
FDACS-02017 6/16
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ATTACHMENT B
CITY OF MIAMI BEACH GSI BUDGET
COST ITEMS QUANTITY RATE OR GRANT COST MATCH COST
PRICE
PERSONNEL
GIS Planner/Project 208 hrs $33.65 $6,999.20
Co-Leader
(Francisco D'Elia)
City Arborist/Project 208 hrs $54.90 $11,419.20
Co-Leader
(Mark Williams)
104 hrs $52.22 $5,430.88
GIS Manager
(Keary Cunningham)
104 hrs $31.93 $3,320.72
City Engineer Rep.
(Carlos Tamayo)
104 hrs $58.49 $6,082.96
Envir& Sustain Rep.
(Margarita Wells)
104 hrs $27.03 $2,811.12
Parks Dept Rep.
(Jeremy Hinkle)
CONTRACTUAL
GIC (Green $29,247.00
Infrastructure Center
OTHER EXPENSES
Community Workshops 6 hrs $27.03/hr $11,073.60
(80 people)
GIC On-Line meeting $500.00 $500.00
services—web online
INDIRECT COSTS
Facility for Workshops 6 hrs $100.00 $600.00
FDACS-02017 6/16
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Pro-rata Rental for GIC's 12 mo $250.00 $3,000.00
Office
TOTAL $29,247.00 $51,237.68
FDACS-02017 6/16
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4EN Florida Department of Agriculture and Consumer Services
Division of Administration
CERTIFICATION REGARDING LOBBYING;
1° II DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
ADAM H.PUTNAM FOR EXPENDITURE OF FEDERAL FUNDS
COMMISSIONER
LOBBYING
As required by 7 CFR Part 3018,for persons entering into a contract,grant or cooperative agreement over$100,000 involving the expenditure of
Federal funds,the undersigned certifies for itself and its principals that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an
employee of a Member of Congress in connection with the making of any Federal grant,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a
Member of Congress,in connection with this Federal grant or cooperative agreement,the undersigned shall complete and submit
Standard Form-LLL,"Disclosure Form to Report Lobbying,'in accordance with its instructions;and
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants,contracts under grants and cooperative agreements,and subcontracts)and that all subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each
such failure.
PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT/PURCHASE ORDER NUMBER
SIGNATURE OF REPRESENTATIVE/DATE
DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
As required by 7 CFR Part 3017,for persons entering into a contract,grant or cooperative agreement over$25,000 involving the expenditure of
Federal funds,the undersigned certifies for itself and its principals that:
(a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions
by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State,or
local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity(Federal,State,or local)with
commission of any offenses enumerated in paragraph(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more public transaction(Federal,State,or local)terminated
for cause or default;and
Where the applicant is unable to certify to any of the statements in this certification,he or she shall attach an explanation to this
application.
u ... •' c cr MAN AC-ER O24CDL2
PRINTE i NAME/TITLE • REP- SENTATIVE CONTRACT/PURCHASE ORDER NUMBER
�...�
SIGNA1 RE OF P•ESEN- IVE/DATE
FDACS- 1522 09/12