Federal Financial Assistance Subrecipient Agreement o/ - o&/6'
Florida Department of Agriculture and Consumer Services
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XN11, �11� FEDERAL FINANCIAL ASSISTANCE
SUBRECIPIENT AGREEMENT .0 2 5 9 7 1
NICOLE"NIKKI"FRIED
COMMISSIONER
This Federal Financial Assistaice Subrecipie Ag eement ( "AGREEMENT" ,
made and entered into this day of %I , 20 11 by and
between the FLORIDA DEPARTMENT OF AGRICULTUR 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 $20, 000 . 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 March of 2020 ( "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 .
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D. FINANCIAL AND PROGRAM MANAGEMENT
1 . Statutory and National Policy Requirements
a. All expenditures of federal financial assistance under the
AGREEMENT shall be in compliance with all applicable laws,
rules and regulations applicable to expenditures of federal
funds'.
b. The SUBRECIPIENT shall implement applicable National Policy
Requirements .
2 . Deliverables
a. The SUBRECIPIENT must provide quantifiable, measurable and
verifiable units of Deliverables (Deliverables) which must
be received and accepted in writing by the RECIPIENT before
payment . Deliverables must be directly related to the
Scope of Work; specify minimum levels of service to be
performed; and contain criteria for evaluating the
successful completion of each Deliverable. The
Deliverables are set forth in the Scope of Work outlined in
Attachment A.
3 . Financial Management
a. The SUBRECIPIENT shall maintain an accounting system and a
set of accounting records, which allow for the
identification of revenues and expenditures related to this
AGREEMENT.
b. The SUBRECIPIENT shall comply with 2 CFR, Part 200 and
adhere to the accounting principles and procedures required
therein, use adequate internal controls and maintain
necessary source documentation for all costs incurred.
4 . Reimbursement Requests
a. The allowability of costs shall be in accordance with the
federal financial assistance cost principles applicable to
the SUBRECIPIENT and terms of this AGREEMENT.
b. The SUBRECIPIENT shall submit the payment request packet to
the RECIPIENT' s grant manager not more often than monthly,
but not less often than quarterly. To be eligible for
reimbursement, costs shall be allowable, necessary and
reasonable, and must be submitted by budget category
consistent with the budget plan, Attachment B, hereby
incorporated and attached hereto.
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ti 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.
(1) Reimbursement Request Form with required backup
documentation.
(2) Final report summarizing what was accomplished with
the grant funding.
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(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
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.
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(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
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:
l
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
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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 .
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
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shall become the exclusive property of the RECIPIENT and
may be copyrighted, patented or otherwise restricted as
provided by Florida or federal law. Neither the
SUBRECIPIENT nor any individual employed under this
AGREEMENT shall have any proprietary interest in such
property.
b. With respect to each Deliverable that constitutes a work of
authorship within the subject matter and scope of U. S .
Copyright Law, 17 U.S .C. Sections 102-105, such work shall
be a "work for hire" as defined in 17 U.S .C. Section 101
and all copyrights subsisting in such work for hire shall
be owned exclusively by the RECIPIENT.
c. In the event it is determined as a matter of law that any
such work is not a "work for hire, " SUBRECIPIENT shall
immediately assign to the RECIPIENT all copyrights
subsisting therein for the consideration set forth in the
AGREEMENT and with no additional compensation.
d. 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 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 submitted with the APPLICATION.
r
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 .
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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 .
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.
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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 .
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
to the RECIPIENT within thirty (30) days after demand therefore
by RECIPIENT.
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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
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.
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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.
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 .
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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 .
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/.
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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
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 .
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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
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.
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12 . The SUBRECIPIENT will comply with section 20 . 055, Florida
cStatutes .
N. PLANTING AND MAINTENANCE (IF APPLICABLE)
1 . For installed tree or plant materials, a sixty (60) day grow-
in-period and a Certification of Acceptance will be required
after the project is completed. The planting and maintenance
terms of this AGREEMENT start on the date of the Certification
of Acceptance and continue for a period of three (3) years .
2 . SUBRECIPIENT agrees to repair, or remove and replace at its
expense, all or part of the project that falls below Standards .
SUBRECIPIENT agrees to take basic precautions and actions as
necessary to keep trees and plants free of disease and harmful
insects . In the event any part or parts of the project,
including all trees and plants, must be removed and replaced
for any reason, replacements must meet the same grade, size,
quality and other requirements as stipulated in the original
plans and specifications .
3 . SUBRECIPIENT will at all times maintain a safe work area and be
responsible for oversight of litter and debris removal . Keep
the grounds free of weeds . Mow or cut grasses to the proper
length.
4 . The above referenced responsibilities and functions to be
performed by SUBRECIPIENT are subject to periodic inspections
by the RECIPIENT. It is the intent of the parties that
SUBRECIPIENT will be the owner of the plantings and other
installations included in the grant application.
a. Planting
(1) Site Factors: Site factors influence long-term
survivability. Check each site for mechanical,
irrigation lines, electrical overhead and underground
utilities, sidewalks, sign conflicts, traffic
visibility, light poles, rights-of-way, all hardscape
improvements, site size, water table and specific tree
space requirements.
(2) Start with Quality Grade Trees: All planting stock or
replacement stock must be Florida Grade #1 or better.
Select trees with a quality trunk form, branch
arrangement and canopy uniformity.
(3) Tree Shipping, Handling and on-site Storage: Trees
should be protected during shipping by a tarp or
FDACS-02017 6/16
Page 16 of 20
shipped in an enclosed truck. Trees should never be
lifted by the trunk. Lift using root ball straps or
container handles . On the jobsite, store trees
upright, in the shade, and irrigate twice daily with 5
gallons per caliper inch applied to the root ball
until planting. Inspect root system quality. Check for
kinked and/or circling roots . Do not store trees on
asphalt .
(4) Tree Preparation: All synthetic or non-biodegradable
material such as nylon rope, synthetic wrap, treated
burlap; black weed cloth liner, plastic wrap, string,
strapping etc . , must be removed from the root ball
before planting. Remove all biodegradable material
from the upper 1/3 of the root ball .
Cut or shave circling roots before planting. Prune
roots that circle or dive into soil . These roots
could cause stability and health problems later.
Take precautions to separate materials extending above
the soil surface where they can act as a wick and dry
the surrounding soil .
If trees are planted with wire baskets around the root
ball, the top two tiers of wire should be cut and
removed after the root ball is set in the planting
hole .
(5) Planting Hole Preparation: The planting hole should be
at least three times the diameter of the root ball
(where possible) . Tree pit depth should be at or
slightly less than the depth as the root ball . Place
planting ball on existing soil so the tree will not
settle . In no case should the trunk flair or first
root emerging from the trunk be' below the soil level .
Remove large rocks from the hole . Place the tree or
palm in the center of the planting tree pit . Position
the top of the root ball at or slightly above the
surrounding soil surface .
Check to ensure the tree is positioned straight in the
hole . Backfill with non-contaminated existing soil .
When the hole is half full, slowly water and work the
saturated soil .
Place no soil over the root ball at planting. Use of
large amounts of organic matter in the backfill is not
recommended. Secure the soil around the roots, and
FDACS-02017 6/16
Page 17 of 20
provide nourishment, water immediately after planting
with 5 gallons of water per caliper inch. Rake the
soil evenly around the entire planting area.
b. Finishing Planting
(1) Mulch: Mulch an area at least two feet or three times
the diameter of the root ball to a depth of 2-4" with
wood chips, bark mulch, shredded mulch, leaves or pine
needles . Keep the mulch several inches away from the
tree or palm trunk. Do not pile mulch directly against
the tree trunk. Replenish mulch as it decomposes
maintaining a 2-4" layer over the life of the project .
(2) Staking: Stake only if necessary; for example, if the
tree or palm will not stand on its own due to
potential vandalism or strong winds . For palm staking
and bracing: Wrap 5 layers of burlap under wood
battens connected with steel bands . Adjust wood brace
length to fit palm pounded into the ground then,
toenail to the battens .
Use commercially available elastic materials for
strapping or ties equally placed around the tree that
allows for movement and increases in tree diameter.
Biodegradable material is recommended. Do not use wire
even if the wire is inside rubber hosing. Stakes and
ties should remain on the trees no longer than one
year to avoid girdling.
(3) Pruning: At the time of planting, remove only dead,
diseased, damaged, rubbing, cross branches or fronds .
After planting, remove sucker sprouts observed around
the base of the tree .
Begin corrective/structural pruning approximately one
year after planting. When pruning, do not remove more
than 1/3 of the live crown during any one growing
season.
(4) Watering: Start a regular watering schedule and follow
it . Slow deep watering is recommended. Additional
water will be needed during hot or dry periods .
Promote tree root growth and stability by watering
outward away from the trunk to the surrounding soil
area. As the tree or palm establishes itself and
grows, watering adjacent soil encourages root spread.
Different species of trees or palms and/or soil types
need various degrees of watering. Monitor soil
FDACS-02017 6/16
Page 18 of 20
moisture, evaluate tree health and adjust irrigation
schedules as needed. Non-irrigated sites need to be
watched more closely.
(5) Fertilizing: Begin a fertilization program in the
first year of planting. Broadcast fertilizing or
fertilizer plugs or stakes are recommended. Fertilize
lightly after the first year. Administer a balanced
fertilizer. Fertilizer application rates should be
based on the size of the tree or palm and their
specific nutrient requirements . If micronutrient
deficiencies are suspected, conduct a soil test,
assess the results and revise the fertilization
scheme .
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 Will Liner and is located at
Florida Forest Service, 3125 Conner Boulevard, C-25, Tallahassee,
Florida, 32399-1650 .
The Grant Manager for the SUBRECIPIENT is Talmage Thornhill and is
located at the City of Miami Beach, 1700 Convention Center Drive,
Miami Beach, Florida, 33139-1819 .
FDACS-02017 6/16
Page 19 of 20
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
#18-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
11111111 4111 -.0010111111.
Sig Sig \ ture
Director of Administration
Title Title
—X( csl1 (411 (1
Date Date
APPROVED AS TO
FORM & LANGUAGE
•
& FOR EXECUTION
3`1111
City Attorney Dote
FDACS-02017 6/16
Page 20 of 20
• NT-Mr-o ft/l ar A
'qo' `,; Florida Department of Agriculture and Consumer Services
_0
Division of Administration
°°�1�EQ° SCOPE OF WORK
UMEN-�
2 CFR 200
ADAM H.PUTNAM
COMMISSIONER
1.Federal Financial Assistance Funding Opportunity Number: 2.Subrecipient FEIN:
18-DG-11083112-001 59-6000372
3.Subrecipient Legal Name:
City of Miami Beach
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 GIS Tree Inventory Produce GIS Tree Inventory Completed Document $40,000 Completed GIS Tree Inventory
Describe in detail the activity or work to be conducted.
Description of Work: Collection of inventory data for all trees&palms located on City of Miami Beach ROW,parks and or City property as indicated in the attached
overhead aerial map in the North Beach area excluding Normandy Golf Course and North Shore Open Space Park.
Inventory Specifications:
The following information shall be collected for each tree and or palm:
•LOCATION:Identify the location of each tree and/or site.Street tree locations should be organized by sequential tree site number and road name,block side or
corner location.GPS/GIS coordinate tagging is also acceptable.
•SPECIES:Trees and palms are to be identified by genus and species using both botanical and commons names and by cultivars where appropriate.
•TREE SIZE:Diameter is to be measured to the nearest inch in one-inch size classes at 4%feet above the ground,or diameter breast height(DBH).Canopy
diameter spread is to be measured to the nearest foot.
•CONDITION:The general condition of each tree is to be rated according to the following categories adapted from the International Society of Arboriculture(ISA)
rating system:
Excellent:100%;Good:80%;Fair:60%;Poor:40%;Critical:20%;Dead:0%
•PRUNING RECOMMENDATIONS:The following primary maintenance needs shall be determined based on the ANSI A-300(part 1)pruning specifications:
Removal;Large Tree Clean;Small Tree Clean;Young Tree Train;Stump Removal
•Risk Rating:The overall risk rating of the tree shall be evaluated and only those trees with a Severe Risk Rating in accordance with the USDA Forest Service
Community Tree Risk Rating System shall be indicated.
•Observations:General observations warranting recognition shall be noted including,but not limited to,the following:Cavity/Decay;Pests;Poor Location;Improperly
Mulched;Poor Root System;Signs of Stress;Nutrient Deficiency;Improperly pruned
•ABOVEGROUND UTILITIES:The inventory shall indicate any presence of overhead utilities at the tree site.
•GROWING SPACE:Growing space locations shall be categorized as:Island;Median;Natural Area;Open/Unrestricted;Planter;Tree Lawn;Well/Pit;ROW Swale;
Other
•Date of Inventory
•Potential Planting Locations
Other Considerations:The contractor will be responsible for all safety regulation;including placing and display of safety devices to control traffic,etc,as may be
necessary in order to conduct the public through the project area and in accordance with F.D.O.T.'s Manual on Traffic Controls and Safe Practices for Street Highway
Construction,Maintenance and Utility Operations.Work shall be scheduled for Monday through Friday 7:30am to 4:00pm Excluding Holidays.The Contractor is
responsible for visiting the site of proposed work and thoroughly familiarizing her/himself with the scope of the work and all conditions that may affect the work.
FDACS 02032 06/16
Page 9 of 25
q cl-4 4E0T R
Florida Department of Agriculture and Consumer Services
LL Division of Administration
<pNSUMEASj:/ E3lAP
ADAM H.PUTNAM 2 CFR 200
COMMISSIONER
Federal Financial Assistance Funding Opportunity Number: Subrecipient FEIN:
18-DG-11083112-001 59-6000372
Subrecipient Legal Name:City of Miami Beach
Direct Costs
Personnel Costs
•
Example
Example
Fringe Benefits
Travel (if authorized)
Equipment(if authorized)
Supplies
Consultant will be hired.The City's Urban Forestry Program is currently understaffed and does not have the necessary resources
Contractual (if authorized) for the required updates to the GIS tree inventory.The City will follow its procurement policies to ensure optimal efficiency.
Other Expenses
Indirect Costs
Indirect Charges
FDACS 02032 06/16
Page 11 of 25
Florida Department of Agriculture and Consumer Services
Division of Administration
2 CFR 200
ADAM H.PUTNAM
COMMISSIONER
Federal Financial Assistance Funding Opportunity Number: Subrecipient FEIN:
I$-UG- 11083112. -001 5q. 6,000312.
Subrecipient Legal Name: Grry OF MIAMI EIE&C.A
Number of
Category/Description Cost per Unit Units Grant Amount Match Amount
Personnel-
Fringe Benefits-
Travel (not authorized)
Equipment(not authorized)
Supplies-
Contractual (if authorized)-
7-o Doo 20 WO
Trees-
Other Expenses-
Total Direct Charges
Indirect Charges-
Total Amount 20,CC 21)10°0
FDACS-02031 06/16
Page 27 of 39
ue:F . Florida Department of Agriculture and Consumer Services
W4°Y.: ^. Division of Administration
= " FEDERAL FINANCIAL ASSISTANCE AGREEMENT
NICOLE"NIKKI"FRIED FACT SHEET
COMMISSIONER
1. Federal Award Identification Number(FAIN): 2. Federal Award Number:
18-DG-11083112-001 25454
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 10/01/17 $300,000
10. Recipient: 11. Recipient Grant Manager:
Florida Department of Agriculture and Consumer Services Name: Will Liner
407 S. Calhoun Street, M5 Email: will.liner@freshfromflorida.com
Tallahassee, FL 32399-0800 Phone: 850-681-5881
12. Subrecipient: 13. Subrecipient Authorized
Name: City of Miami Beach -. Representative:
Address' 1700 Convention Center Drive Name: Talmage Thornhill
City, State, Zip+4: Miami Beach, FL 33139-1819 Email:talmagethornhill@miamibeachfl.gov
Phone: 305-673-7510
14. Subrecipient FEIN: 15.Subrecipient DUNS Number:
59-6000372 020546289
16.Subrecipient Agreement Number: 17. Subrecipient Award Amount:
$20,000
18. Subrecipient Project Title:
Miami Beach GIS Tree Inventory
19. Subrecipient Period of Performance: 20. Research and Development Award:
Upon execution through 03/31/20 N/A
21. Approved indirect cost rate: 22. Subrecipient Matching Amount:
5% $20,000
I certify th-t the abov- information is correct.
(3/ti) �3I1ct
`�
Authorizes:' Signat re Date
FDACS-02039•.116
Florida Department of Agriculture and Consumer Services
Division of Administration
l FEDERAL FUNDING ACCOUNTABILITY AND
NICOLE"NIKKI"FRIED TRANSPARENCY ACT (FFATA)
COMMISSIONER 2 CFR 200
1. Federal Award:Identification Number(FAIN): 2. Federal Award Number:
18-DG-11083112-001 25454
3. Recipient: 4.Recipient Grant Manager:
Florida Department of Agriculture and Consumer Services Name:Will Liner
407 S. Calhoun Street, M5 Email: will.liner@freshfromflorida.com
Tallahassee, FL 32399-0800 Phone: 850-681-5881
5. Subrecipient: 6. Subrecipient Authorized
Name: City of Miami Beach Representative:
Address: 1700 Convention Center.Drive Name: Talmage Thornhill
City, State, Zip+4: Miami Beach, FL 33139-1819 Email: talmagethornhill@miamibeachfl.gov
Phone: 305-673-7510
7. Subrecipient FEIN: 8. Subrecipient DUNS Number:
59-6000372 020546289
9. Primary Performance Location, if different than(12) below:
Address:
City: All areas within the city of Miami Beach limits north of 71st Street
State:
Zip code.+4:
10. County of Primary Performance: 11. Congressional District:
Dade 27
12. Performance in multiple counties: Yes or No. If yes, indicate the counties.
No
I certify that th= above info . :tion is correct.
/3A
Authorized Si.I :ture Date
FDACS-02038
06/16