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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />(18) PROCUREMENT <br />a. The Subrecipient shall ensure that any procurement involving funds authorized by the Agreement <br />complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 <br />as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under <br />Federal Awards"). Additional requirements, guidance, templates and checklists regarding procurement may be <br />obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: <br />hftps://www.fema..qovkqrants/procurement. <br />b. If the Subrecipient contracts with any contractor or vendor for performance of <br />any portion of the work required under this Agreement, the Subrecipient must incorporate into its <br />contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees <br />and/or their contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees <br />and/or their contractors harmless from liability to third parties for claims asserted under such contract. <br />c. The Subrecipient shall monitor and document, in the quarterly report, the contractor's progress <br />in performing its work on its behalf under this Agreement in addition to its own progress. <br />d. The Subrecipient shall ensure all contracts conform to sections §287.057 and §288.703, Florida <br />Statutes, as applicable. <br />e. The Subrecipient may request guidance concerning procurement activity from the Division but <br />shall also use its own judgment to determine compliance with all applicable rules and statutes. <br />(19) PAYMENTS <br />a. Requests for Reimbursement (RFR) serve as invoices for the purposes of section 215.422, <br />Florida Statutes and shall include the supporting documentation for all costs of the project or services in detail <br />sufficient for a proper pre -audit and post -audit thereof. The final RFR shall be submitted within thirty (30) days after <br />the expiration date of the agreement or completion of applicable Project, whichever occurs first. <br />b. Any advance payment made under this Agreement is subject to 2 C.F.R. §200.305 and, as <br />applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account <br />unless otherwise governed by a program specific waiver. If an advance payment is requested, the budget data upon <br />which the request is based, and a justification statement shall be submitted by completing Attachment K of this <br />Agreement ("Justification of Advance Payment"). The request will specify the amount of advance payment needed <br />and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended <br />within the first ninety (90) days of the contract term must be returned to the Division's Cashier within thirty (30) days, <br />along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has <br />been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall <br />be made on a reimbursement basis as needed. <br />c. If the necessary funds are not available to fund this Agreement, as a result of action by the United <br />States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or under <br />subparagraph (9)b of this Agreement, all obligations on the part of the Division to make any further payment of funds <br />shall terminate, and the Subrecipient shall submit its closeout report within thirty (30) days of receiving notice from <br />the Division. <br />13 <br />