HomeMy WebLinkAboutComprehensive Tree Canopy Survey FDACS#32732FDACS-02017 Rev. 12/24
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WILTON SIMPSON
COMMISSIONER
This Federal Financial Assistance Subrecipient Agreement (Agreement) made and entered into
on ____________________________, by and between the FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, the Recipient, and the City of Sebastian, the
Subrecipient. The Subrecipient’s Application package for federal financial assistance, dated
'HFHPEHU2024, (Application) is incorporated by reference. The Subrecipient shall perform
the Scope of Work contained in the Subrecipient’s Application.
The Department of Management Services' designated United Nations Standard Products and
Services Code (UNSPSC) is 70151500.
A. SUBAWARD AMOUNT
1. The total award amount for satisfactorily completing the Scope of Work is $50,000.00. In
no event shall the Recipient be liable for payment of any amount, which exceeds the
total award amount.
a. The Subrecipient may expend funds only for allowable costs resulting from
obligations incurred during the agreement period.
b. The balance of unobligated funds which have been advanced or paid must be
refunded to the Recipient.
c. Funds paid in excess of the amount to which the Subrecipient is entitled under the
terms and conditions of the agreement must be refunded to the Recipient.
B. TERM
1. The agreement period of this Subrecipient agreement shall commence upon execution
and, unless sooner terminated or canceled, shall end on the 31st day of August, 2026
(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
unique entity identifier is a 12-character alphanumeric ID assigned to an entity by
SAM.gov.
2. Compliance with 2 CFR, Part 25 is not required for individuals.
D. FINANCIAL AND PROGRAM MANAGEMENT
Florida Department of Agriculture and Consumer Services
Division of Administration
FEDERAL FINANCIAL ASSISTANCE
SUBRECIPIENT AGREEMENT
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1. Statutory and National Policy Requirements
a. All expenditures of federal financial assistance under the Agreement shall be in
compliance with all applicable laws, rules, and regulations applicable to expenditures
of federal funds.
b. The Subrecipient shall implement applicable National Policy Requirements.
2. Deliverables
a. The Subrecipient must provide quantifiable, measurable, and verifiable units of
Deliverables 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 contained in the Subrecipient Application.
b. The Subrecipient shall perform all deliverables within the time frame established in
this Agreement. Unless otherwise set forth in the Scope of Work, failure to meet the
Deliverables of this Agreement shall result in a financial consequence up to 100% of
the final payment request unless the failure to perform the deliverable is corrected or
prohibited by the federal agency awarding the grant.
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, as currently in effect and as
may be amended from time to time 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 submitted with
the Subrecipient’s Application.
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.
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d. The payment request packet is downloadable from
https://forms.fdacs.gov/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. Travel Expenses. Justified and reasonable travel expenses which are directly and
exclusively related to the services rendered under this Agreement will be reimbursed
in accordance with Section 112.061, F.S. Authorization for travel expenses must be
specified in this Agreement.
g. $50,000.00 for one year based on invoices submitted for expenses incurred during
the quarterly periods ending March 31, June 30, September 30 and December 31 of
each year. Each quarter, The SUBRECIPIENT shall submit detailed quarterly reports
using the format and content shown on the RECIPIENT’S performance progress
report. Invoices must be received within 30 calendar days of the conclusion of each
quarter. Bills will be in the form of an invoice by major categories and will include
local funding information detailing staff salaries, benefits, indirect costs (at 10% of
Total Direct Costs) and other approved expenses, if accrued.
h. Travel and per diem costs are not allowable under this contract.
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
the 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 - brief paragraph on letterhead summarizing what was
accomplished with the grant funding.
(3) Copy of a news release that will be submitted to a local publication crediting the
U.S. Forest Service for providing funding.
(4) Copy of Congressional thank you letter - Thank you letter addressed to your
federal congressional representatives for the grant funding. Include a brief
description of what you were able to accomplish with the funding.
(5) Certification of Acceptance executed by a Florida Forest Service official.
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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 contained in the Subrecipient Application lists costs and budget
categories to fund the Subrecipient’s performance of the Scope of Work, including
the completion of Deliverables.
b. The Subrecipient is required to report any transfers from one approved budget
category to another approved budget category. If the cumulative budget transfers
meet or exceed ten percent (10%), prior approval, evidenced by contract
amendment, is required.
c. Prior approval, evidenced by contract amendment, is required for:
(1) Any transfers from an approved budget category to an unapproved budget
category. An unapproved budget category is defined as having no funds
allocated in the original Budget Plan.
(2) Any equipment purchases not noted in the original Budget Plan and/or Scope of
Work.
(3) Any subawarding or contracting out of any work not noted in the original Budget
Plan and/or Scope of Work.
8. Revision of Scope of Work
a. The Subrecipient shall report any changes to the Scope of Work including but not
limited to changes in the objectives, changes in key personnel, reduction of work
effort by key personnel, and delays in completion of the work.
9. Acknowledgements
a. The Subrecipient shall have an acknowledgement of the U.S.D.A. Forest Service
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
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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 which states: “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
U.S.D.A. Forest Service.”
e. Language shall read:
The work upon which this (insert publication or audiovisual or both) is
based was funded, in whole or in part through a subrecipient grant
awarded by the U.S.D.A. Forest Service through the Florida Department of
Agriculture and Consumer Services. The contents do not necessarily
reflect the views or policies of the U.S.D.A. Forest Service nor does
mention of trade names, commercial productions, services, or
organizations 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.
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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. The 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 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,” the 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 the 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.
4. The matching or cost share portion must be reported based upon the Budget Plan
submitted with the Application.
5. Records for in-kind contributions, which are based upon volunteer hours, must have
timesheets or a sign-in/sign-out logs 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 https://forms.fdacs.gov/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’ notice of any on site review.
6. The Subrecipient shall make available all personnel involved in the performance of work
on this Agreement.
7. Failure to correct substandard performance within thirty (30) days after written notice from
the Recipient shall result in suspension and/or termination of the Agreement.
I. RECORD RETENTION AND ACCESS
1. Retention Requirements for Records
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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. Access to Public Records
a. The Subrecipient shall comply with all applicable requirements of Chapter 119, F.S.
b. To the extent that Subrecipient meets the definition of “Contractor” under Section
119.0701, F.S., all documents, including papers, letters, or any other record or
materials prepared pursuant to this Agreement are subject to Florida’s Public Records
Law. Subrecipient must:
(1) Keep and maintain public records required by the Recipient to perform the service.
(2) Upon request from the Recipient’s custodian of public records, provide the
Recipient with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at no cost to the Recipient.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract period and following completion or termination of
the contract if the Subrecipient does not transfer the records to the Recipient.
(4) Upon completion or termination of the contract, transfer, at no cost, to the
Recipient all public records in possession of the Subrecipient or keep and
maintain public records required by the Recipient to perform the service. If the
Subrecipient transfers all public records to the Recipient upon completion or
termination of the contract, the Subrecipient shall destroy any duplicate public
records that are exempt or confidential and exempt from public records
disclosure requirements. If the Subrecipient keeps and maintains public records
upon completion or termination of the contract, the Subrecipient shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the Recipient, upon request from the
Recipient’s custodian of public records, in a format that is compatible with the
information technology systems of the Recipient.
c. 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 Recipient in conjunction with the contract, unless
the records are exempt from s. 24(a) of Article I of the State Constitution and
Section 119.07(1), F.S.
d. Nothing in this article shall be considered a waiver of the provisions of
Section 119.0701, F.S.
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IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT’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@FDACS.GOV
J. REMEDIES FOR NONCOMPLIANCE
1. Prior to the exercise of any remedy provided for herein, the Recipient shall provide thirty
(30) calendar days written notice of default and shall provide the Subrecipient the
opportunity to cure such failure or default within said thirty (30) day period. Upon the
failure or inability to cure, the Recipient shall have all rights and remedies provided at
law or in equity, including without limitation the following:
a. Temporarily withhold cash payments pending correction of the deficiency by the
Subrecipient.
b. Disallow all or part of the cost of the services not in compliance.
c. Wholly or partly suspend or terminate this Agreement.
2. Termination
a. 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. The Subrecipient
shall be paid for all work satisfactorily performed prior to the date of termination
provided the Subrecipient has otherwise complied with the terms of this Agreement,
including the submission of all reports.
b. The Recipient may suspend or terminate this Agreement if the Subrecipient:
(1) Fails to comply with any applicable rules, regulations or provisions referred to
herein, or any other applicable state or federal statutes, rules, regulations,
executive orders, federal guidelines, policies or directives;
(2) Fails to timely fulfill its obligations under the Agreement;
(3) Improperly or illegally uses funds provided under this Agreement; or
(4) Submits reports that are incorrect in any material respect.
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K. CLOSE OUT
1. Notwithstanding the termination 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
a. Any funds paid in excess of the amount to which the Subrecipient is entitled under
the Agreement must be refunded to the Recipient within thirty (30) days after
demand therefore by Recipient.
L. AUDIT REQUIREMENTS
1. Audit Provisions
a. If the Subrecipient is a state or local government or a nonprofit organization, the
audit provisions as defined in 2 CFR, Part 200 Subpart F are applicable.
b. If the Subrecipient is a commercial organization (for-profit), the organization will
provide the Recipient with its annual audited financial statement or the annual tax
return provided to the Internal Revenue Service.
c. Audit provisions are not required for a Subrecipient who is an individual.
d. In the event that the Subrecipient expends $1,000,000 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 $1,000,000 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 $1,000,000 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.
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3. Relation to Other Audit Requirements
a. If the Subrecipient has an audit conducted in relationship to any other federal
regulation or statute, the Recipient may determine upon review if the audit reports
meet the needs of the Recipient. If so, an additional audit will not be required.
b. An audit of the Subrecipient conducted by the Auditor General in accordance with
provisions of 2 CFR, Part 200 Subpart F will meet these requirements.
c. These provisions do not limit the authority of the federal agency, Inspector General,
General Accounting Office (GAO), or Recipient to conduct or arrange for the conduct
of audits or evaluations of federal financial assistance awards.
4. Frequency of Audits
a. Audits shall be performed annually to meet this requirement.
5. Sanctions
a. If the Subrecipient is unwilling or has a continued inability to have an audit
conducted, the provisions for noncompliance will be enforced.
6. Subrecipient Responsibilities
a. The Subrecipient shall arrange for the audit to be conducted in a timely manner and
submitted as required in 2 CFR 200.512.
b. The Subrecipient shall prepare the financial statements in accordance with 2 CFR
200.510.
c. The Subrecipient shall promptly follow up and take corrective action on audit
findings.
d. The Subrecipient will provide the auditor with access to records, personnel,
documentation, and other information as needed by the auditor.
7. Audit Findings Follow-up
a. At the completion of the audit, the Subrecipient must prepare, in a document
separate from the auditor’s findings a corrective action plan to address each audit
finding included in the current year auditor’s reports.
b. The corrective action plan must provide the name(s) of the contact person(s)
responsible for corrective action, the corrective action planned and the anticipated
completion date.
c. If the Subrecipient does not agree with the audit findings or believes corrective action
is not required, then the corrective action plan must include an explanation and
specific reasons.
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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
the 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 https://www.fac.gov/.
f. The Subrecipient shall ensure that audit working papers are made available to the
Recipient’s Chief Financial Officer or Auditor General, or its designee, 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 this 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 this Agreement.
2. Indemnification. The Subrecipient shall be fully liable for the actions of its agents,
employees, partners, or subcontractors and shall fully indemnify, defend, and hold
harmless the Recipient, and their officers, agents, and employees, from suits, actions,
damages, and costs of every name and description, including attorneys’ fees, arising
from or relating to personal injury and damage to real or personal tangible property
alleged to be caused in whole or in part by the Subrecipient, its agent, employees,
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partners, or subcontractors, provided, however that the Subrecipient shall not indemnify
for that portion of any loss or damages proximately caused by the negligent act or
omission of the Recipient. Nothing herein contained shall be construed or operate as a
waiver of sovereign immunity to the extent sovereign immunity, as set forth in Section
786.28, F.S., may otherwise apply.
3. Liability. The Recipient shall not assume any liability for the acts, omissions to act or
negligence of the Subrecipient, its agents, servants, and employees, nor shall the
Subrecipient disclaim its own negligence to the Recipient or any third party.
4. The Subrecipient 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).
5. The Subrecipient acknowledges and agrees that the employment of unauthorized aliens
by any person or entity is considered a violation of 8 U.S.C. § 1324a. If the Subrecipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement. The Subrecipient avers that it is registered in the E-Verify
system and further agrees to comply with the provisions of Section 448.095(2), F.S.,
during the term of the contract, including receiving and maintaining required affidavits
from subcontractors.
6. This Agreement is contingent upon the availability of funding from the federal agency.
This Agreement may be terminated by Recipient if funding from the federal agency is
reduced or terminated.
7. The Subrecipient represents and warrants 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. Any lower tier contract provider who receives
funds as a result of this Agreement shall be verified by Subrecipient through the General
Services Administration (GSA) Federal Excluded Parties List: https://sam.gov/SAM/.
8. The Subrecipient shall comply with the Federal Acquisition Regulation 52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment, as currently in effect and as may be amended from time to time.
Failure to comply or if the Subrecipient knowingly provides funds to any entity prohibited
from receiving a contract or award pursuant to the Federal Acquisition Regulation
52.204-25 shall be cause for unilateral cancellation of this Agreement.
9. The Subrecipient acknowledges it has completed the certification regarding lobbying.
10. If prior written authorization for subcontracting is granted by the Recipient, 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 as currently in effect
and as may be amended from time to time. Prior to execution by the Subrecipient of any
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subcontract hereunder, the Subrecipient must submit such subcontracts to the Recipient
for its review and approval.
11. The Subrecipient will comply with section 20.055, F.S.
12. This Agreement may not be modified except by a written instrument executed by a duly
authorized representative of each party hereto.
13. 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.
14. This Agreement shall be controlled by Florida law, without regard to any conflict of law
provisions thereof with venue in Leon County, Florida.
15. Severability. In the event that any clause or requirement of this Agreement is
contradictory to, or conflicts with the requirements of Florida or federal law, including, but
not limited to requirements regarding contracts with Florida's governmental agencies, the
offending clause or requirement shall be without force and effect and the requirements of
the applicable Florida or federal law shall substitute for that clause or requirement and
be binding on all parties hereto.
16. Paragraph Headings. Paragraph headings contained in this Agreement are for
convenience or reference only. They shall not be deemed to modify, limit, define or
describe in any respect the provisions of this Agreement.
17. Compliance. The Subrecipient shall, at its sole cost and expense, comply with all
requirements of all Municipal, County, State and Federal rules and regulations, statutes
and/or ordinances now in effect and as may be amended from time to time pertaining to
the duties and obligations arising from this Agreement.
18. Survival. The termination of this Agreement (whether by expiry, completion, the exercise
of a termination right hereunder, or otherwise) will not relieve either party of any
obligation, nor impair the exercise of rights, accrued hereunder prior to such termination.
Without limiting the foregoing, the terms of Article D (entitled “FINANCIAL AND
PROGRAM MANAGEMENT”), Article I (entitled “RECORD RETENTION AND
ACCESS”), Article K (entitled “CLOSE OUT”), and Article L (entitled “AUDIT
REQUIREMENTS”) hereof will survive the termination of this Agreement.
19. This Agreement may be executed in counterparts, each of which shall be an original and
all of which shall constitute but one and the same instrument. Each person signing this
Agreement warrants that he or she is duly authorized to do so and to bind the respective
party to the Agreement.
20. The delay or failure by the Department to exercise or enforce any of its rights under this
Agreement shall not constitute or be deemed a waiver of the Department’s right
thereafter to enforce those rights, nor shall any single or partial exercise of any such
right preclude any other or further exercise thereof or the exercise of any other right.
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21. Administration of Agreement.
The Grant Manager for the Recipient is Todd Little and is located at 3125 Conner
Boulevard, Tallahassee, Florida 32399.
The Grant Manager for the Subrecipient is Richard Blankenship and is located at 1225
Main Street, Sebastian, Florida 32958.
Substitution of a Grant Manager by any party after execution of this Agreement shall not
require a formal amendment of this Agreement; however, the other Grant Manager shall
be informed in writing within seven (7) business days of the substitution.
22. Notices. Any notice required or permitted under this Agreement shall be in writing and
shall be sent via email to the contract manager and sent by a nationally recognized
courier service which provides written proof of delivery (e.g., UPS, Federal Express) or
mailed by registered or certified mail, postage prepaid, return receipt requested,
addressed, in either event, to the contract manager set forth above.
23. Entire Agreement. The instrument, including any attachments or exhibits, embodies the
Entire Agreement of the parties for the use of the funds received under this Agreement.
This Agreement supersedes all previous oral or written communications,
representations, or Agreements on this subject.
N. STATE FUNDS; REPORTING
1. Inspection and Reporting Requirements. Upon request, the Subrecipient shall comply
with Section 216.1366(3), F.S., inspection requirements. Any records, papers, and
documents requested by the Department must be provided for inspection within ten (10)
business days after the request is made. If the Subrecipient is a non-profit organization
as defined in Section 215.97(2), F.S., then the Subrecipient must provide documentation
that indicates the amount of state funds (1) allocated to be used during the full term of
the contract for remuneration of any member of the board of directors or an officer of the
Subrecipient, and (2) allocated under each payment by the Recipient to be used for
remuneration of any member of the board of directors or an officer of the Subrecipient.
The documentation must indicate the amounts and receipts of remuneration.
2. The Subrecipient is not classified as a non-profit organization as defined in Section
215.97(2)(m), F.S.; therefore the Subrecipient is not required to complete and return the
Total Compensation Paid to Non-Profit Personnel Using State Funds form (FDACS-
01324) located at https://forms.fdacs.gov/01324.pdf in accordance with Section
216.1366, F.S., no later than ten (10) business days from execution of this Agreement
and with each invoice or reimbursement submission in accordance with Section D. If the
non-profit Subrecipient maintains a website, the Subrecipient must post the information
required by Section 216.1366(3), F.S., on its website.
3. Failure to comply with any of the requirements of Section 216.1336, F.S., may result in
termination of the Agreement as prescribed in Section J.
NOTE: Articles O and P do not apply to Individuals or Private Citizens.
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O. EXECUTIVE COMPENSATION
1. The Subrecipient shall complete and return the Executive Compensation Attestation for
Agreements Involving State Funds form (FDACS-01317) located at
https://forms.fdacs.gov/01317.pdf no later than ten (10) business days from execution of
this Agreement. Executive Compensation Attestation is required pursuant to Executive
Order 20-44. Governmental entities as defined in Section 287.012(14), F.S., are
excluded from the executive compensation reporting.
2. In the event that the Subrecipient receives fifty (50) percent or more of its budget from
funding provided by the State of Florida, or a combination of funding from the State of
Florida and the United States Government, or this Agreement results from the
Subrecipient being named in statute as the required Subrecipient of a sole-source,
public-private Agreement, then the Subrecipient shall provide an annual report to the
Recipient due on or before June 30th. An annual report shall be required for each year
that this Agreement remains in existence. The report shall detail the total compensation
of the Subrecipient’s executive leadership team, to include salary, bonuses, cash-in
leave, cash equivalents, severance pay, retirement benefits, deferred compensation,
real property gifts, and any other payout. The annual report must also indicate what
percent of compensation comes directly from State or Federal allocations, and the report
shall contain the Subrecipient’s IRS Form 990.
3. The Subrecipient understands and agrees that it must provide Recipient of written notice
detail any change in executive compensation in the intervening period between annual
reports.
4. The Subrecipient understands and agrees that failure to comply with any provision of
this section constitutes a material breach for which Recipient may seek termination of
this Agreement pursuant to Article 7 of this Agreement.
5. The final annual report shall be delivered to the Recipient as part of the close out
process detailed in Article 8.
P. AFFIDAVIT FOR NONGOVERNMENTAL ENTITY
Pursuant to Section 787.06(13), F.S., when a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity, as defined in Section
287.138(1), F.S., an officer or representative of the nongovernmental entity must attest
under penalty of perjury that the nongovernmental entity does not use coercion for labor or
services as defined in Section 787.06, F.S. The Non-Coercion for Labor or Services Affidavit
(FDACS-01364) located at https://forms.fdacs.gov/01364.pdf or a substantially similar
affidavit must be completed and returned to the Recipient no later than ten (10) business
days from the contract being executed, renewed, or extended. Email the completed affidavit
to the Recipient’s Grant Manager and reference the contract number in the subject line.
Federal resources awarded to the Subrecipient pursuant to this agreement are from U.S.D.A.
Forest Service, federal financial assistance funding opportunity under FAIN #23-DG-11083112-
009, and Assistance Listing Number (ALN) (formerly known as Catalog of Federal Domestic
Assistance Number) 10.664, Cooperative Forestry Assistance.
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IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in
the attachments and exhibits hereto, the parties have caused to be executed this Agreement
by the undersigned officials duly authorized:
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
SUBRECIPIENT
Signature Signature
Director of Administration
Title Title
Date Date
Docusign Envelope ID: 9D47184D-6C81-4AE4-A40E-DF32C55682E7
7/14/2025 8/13/2025
City Manager
FDACS-02032 Rev. 02/23
Page 9 of 26
Florida Department of Agriculture and Consumer Services
Division of Administration
SCOPE OF WORK
2 CFR 200
1. Federal Financial Assistance Funding Opportunity Number:
ϮϯͲ'ͲϭϭϬϴϯϭϭϮͲϬϬϵ
2. Subrecipient FEIN: 59-6000427
3. Subrecipient Legal Name: City of Sebastian
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 1 Consultant Selection
Procure and
Engage a
Contractor
N/A Engage a Consultant to
Complete Inventory
2 1 Citywide Tree Inventory
Identify and
Categorize Trees
Citywide
$62,500
Complete Tree Inventory and
Reports, Recommendations,
Data, and Support
Describe in detail the activity or work to be conducted.
Project Overview and Deliverables
Deliverable #1: Consultant Selection
The first deliverable is selecting a consultant to complete the tree inventory. The City will follow its procurement guidelines to
engage the contractor, including a public RFQ process to ensure all interested parties can submit proposals. This process
ensures the effective management of public funds while securing a qualified consultant to develop the tree inventory. Th e City’s
Parks and Recreation Department and Finance Department, which are responsible for procurement activities, will handle this
deliverable.
Deliverable #2: Tree Inventory Completion
The second deliverable involves completing the tree inventory, providing detailed information for each tree in both tabular and
GIS formats, including:
x Software Tree Inventory Application database: The City will work with the consultant on choosing the software
application to be used for the Tree inventory, such as TreePlotter INVENTORY, i-Tree, or Trees Count applications,
which will store all the tree inventory information, and will use learning software to provide guidance for urban planning.
x Tree Identification Number: Automatically generated by GPS based on the order of collection
x Location: Coordinates automatically calculated by GPS
x Species: Identified by genus and species, including both botanical and common names
x Diameter: Measured to the nearest inch at 4 ½ feet above ground (diameter breast height, DBH)
x Condition: Rated according to categories adapted from the International Society of Arboriculture (ISA) rating system:
o Excellent: 100%
o Very Good: 90%
o Good: 80%
o Fair: 60%
o Poor: 40%
o Critical: 20%
o Dead: 0%
x Observations: Noted tree defects and impacts to infrastructure, including:
o Cavity/Decay
o Trunk or Limb Damage
o Co-Dominant Leaders
o Constricted Roots
o Uprooted
o Leaning
o Reduced Canopy
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o Improperly Pruned
o Curb/Sidewalk Damage
o Insect Damage
x Maintenance Needs: Primary and secondary needs based on ANSI A-300 standards and arboriculture best practices,
including:
o Clearance Pruning
o Crown Raising
o Crown Reduction
o Restoration Pruning
o Structure Pruning
o Crown Cleaning
o Stump/Tree Removal
o Pest Control
o Fertilization
• Overhead Utilities: Presence of overhead utilities noted
• Minimum Growing Space: Assigned based on planting space width to identify current or potential root constriction or
infrastructure damage:
o Less than 3 feet
o 3 to 5 feet
o 5 to 10 feet
o Greater than 10 feet
Using the collected data, the consultant will prepare a Tree Inventory Summary Report, including:
1. Hard Copy Report:
o Color maps with numbered tree locations overlaid on aerial photographs
o Tables displaying data for inventoried trees
2. Digital Report:
o Digital copies of the report in PDF format and tree inventory data in ArcGIS Shape File format
o Database access for maintenance and updates
Project Management and Cost
The project will be managed by the Sebastian Parks and Recreation Department, with assistance from the Public Works and
Planning Departments. The estimated cost is $62,500, and the project is expected to be completed in 4-6 months.
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Florida Department of Agriculture and Consumer Services
Division of Administration
BUDGET PLAN
2 CFR 200
1. Federal Financial Assistance Funding Opportunity Number:
ϮϯͲ'ͲϭϭϬϴϯϭϭϮͲϬϬϵ
2. Subrecipient FEIN: 59-6000427
3. Subrecipient Legal Name: City of Sebastian
Category 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
Total
Estimated
Budget
*Grant
Dollars
*Match
Dollars
Personnel
Fringe Benefits
Travel (if
authorized)
Equipment (if
authorized
Supplies
Contractual (if
authorized) $0 $0 $0 $62,500 $62,500 $50000 $12,500
Other Expenses
Total Direct
Charges $0 $0 $0 $62,500 $62,500 $50000 $12,500
Indirect Charges
Total Amount $0 $0 $0 $62,500 $62,5000 $50000 $12,500
* Note: For the grant dollars and match dollars columns of your budget plan, indicate total grant and total match dollars for each category.
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Public Tree Inventory or Urban Tree Canopy Assessment Projects
Public tree inventory or urban tree canopy assessment projects will help communities
develop or enhance inventories/assessments of public trees. Up-to-date inventories will
help provide more efficient and effective urban forest management. Examples of public
tree inventory or urban tree canopy assessment projects include:
x Tree Inventories – Development of a local tree inventory/hazardous tree
inventory on non-federal public properties, including parks, rights-of-way, and
preserves. This can include the purchase of hardware, software, and related
equipment, as well as fees paid to vendors to conduct the inventory. This can
also include the examination of individual trees to determine whether they need
arboricultural treatments.
x Urban Tree Canopy Assessment - use of remote sensing technology to
determine tree canopy coverage and distribution in a defined area (usually a
district or municipal boundary). Assessments can also be used to identify
potential tree planting spaces and prioritize planting initiatives based on current
tree canopy coverage. Eligible costs are the same as above: hardware, software,
related equipment, and vendor fees.
Tree Inventory or Urban Tree Canopy Assessment Requirements
x Map of the area where the inventory or assessment will take place, including
street locations.
x Narrative describing the need to conduct the inventory or assessment in the
selected area, the data that will be collected, how the data will be processed,
and how the results will be used to influence urban forestry management
decisions. Special reference should be made as to how the inventory or
assessment will assist in future management to be better prepared for natural
disasters. The narrative should also state whether a vendor will perform the
treatments, or if in-house labor and equipment will be used, and how the
recipient will supervise the project while in progress.
Urban Forest Management Planning Projects
An urban forest management plan serves as the guiding document for managing the
tree resource in a community. The objective of an urban forest management plan is to:
x Reduce the amount and severity of damages and losses to people, property,
economy, and environment that may result from tree failures.
x Reduce tree canopy cover losses and strategically plan planting initiatives to
equitably distribute tree cover throughout the community.
x Maximize the benefits of urban trees by planting and retaining trees where they
reduce storm water runoff, improve air, and water quality, and lower the ambient
temperature.
x Identify policies and procedures that can be updated to reinforce canopy goals.
x The development and implementation of an urban forest management plan will
provide the following benefits:
o Plan planting and maintenance schedule based on data.
o Create more efficient and effective response to storms.
o Update tree policies and procedures.
o Reduction in tree failures and tree canopy losses.
o Improve community forest health, safety, and benefits.
Urban Forest Management Plans funded through this program must include:
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Florida Department of Agriculture and Consumer Services
Division of Administration
CERTIFICATION REGARDING LOBBYING;
DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
FOR EXPENDITURE OF FEDERAL FUNDS
LOBBYING
As required by 2 CFR 200, 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 influenc ing 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 a t 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 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $25,000 involving the expenditure of
Federal funds, the undersigned certifies for itself and its principals that:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State, or local) with
commission of any offenses enumerated in paragraph (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated
for cause or default; and
Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this
application.
_____________________________________________________ ___________________________________________________
PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER
_______________________________________________
SIGNATURE OF REPRESENTATIVE / DATE
FDACS-01522 Rev. 01/21
WILTON SIMPSON
COMMISSIONER
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)'$&6
Docusign Envelope ID: 9D47184D-6C81-4AE4-A40E-DF32C55682E7
8/13/2025
City Manager
8/13/2025
City Manager
Brian Benton
Brian Benton