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2023-137
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2023-137
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Last modified
8/4/2023 11:55:23 AM
Creation date
8/4/2023 11:53:59 AM
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Template:
Official Documents
Official Document Type
Grant
Approved Date
07/11/2023
Control Number
2023-137
Agenda Item Number
8.I.
Entity Name
State of Florida, Division of Emergency Management
Subject
Federally funded Subaward and Grant Agreement for DR-4680 Hurricane Nicole
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />d. The Subrecipient shall provide additional program reports, updates, or information that may be required <br />by the Division or the Federal awarding agency. <br />(15) MONITORING <br />a. The Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the <br />Scope of Work is being accomplished within the specified time periods, and that other performance goals are being <br />met. <br />b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed <br />appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate, <br />the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient <br />regarding such audit. <br />c. Small Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified <br />Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2 <br />CFR § 200.332(a)(2). <br />(16) LIABILITY <br />a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida <br />Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement. <br />As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims <br />of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this <br />Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor. <br />b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political <br />subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious <br />acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages <br />proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein <br />is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. <br />Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by <br />third parties in any matter arising out of any contract. <br />(17) TERMINATION <br />This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in <br />accordance with the Public Assistance Program requirements. The Division and Subrecipient agree that all records <br />will be maintained until the conclusion of any record retention period. <br />(18) PROCUREMENT <br />a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement <br />complies with all applicable Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as <br />well as Appendix II to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal <br />Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained <br />through the FEMA Procurement Disaster Assistance Team. Resources found here: <br />httl)s://www.fema.gov/qrants/procurement. <br />b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal <br />I <br />
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