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2024-142
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2024-142
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Last modified
7/12/2024 9:30:40 AM
Creation date
7/12/2024 9:28:22 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/02/2024
Control Number
2024-142
Agenda Item Number
8.I.
Entity Name
State of Florida Division of Emergency Management
Subject
State-Funded Grant Agreement FY2024 Emergency Preparedness and Assistance Grant (EMPA)
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due <br />the Division from the Recipient is determined. <br />(13) PROCUREMENT <br />(a) The Recipient shall ensure that any procurement involving funds authorized by the <br />Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§ <br />200.318 through 200.327, Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal <br />Entity Contracts Under Federal Awards"), and Section 287.057, Florida Statutes. <br />(b) As required by 2 C.F.R. § 200.318(i), the Recipient shall "maintain records sufficient to <br />detail the history of procurement. These records will include but are not necessarily limited to the <br />following: rationale for the method of procurement, selection of contract type, contractor selection or <br />rejection, and the basis for the contract price." <br />(c) As required by 2 C.F.R. § 200.318(b), the Recipient shall "maintain oversight to ensure <br />that contractors perform in accordance with the terms, conditions, and specifications of their contracts or <br />purchase orders." In order to demonstrate compliance with this requirement, the Recipient shall <br />document, in its quarterly report to the Division, the progress of any and all subcontractors performing <br />work under this Agreement. <br />(d) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or <br />procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient <br />chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward <br />to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days <br />prior to the publication or communication of the solicitation. The Division shall review the solicitation and <br />provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. <br />§200.325, the Division will review the solicitation for compliance with the procurement standards outlined <br />in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 <br />C.F.R. § 200.318(k), the Division will not substitute its judgment for that of the Recipient. While the <br />Recipient does not need the approval of the Division in order to publish a competitive solicitation, this <br />review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or <br />service specifications. The Division's review and comments shall not constitute an approval of the <br />solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws, <br />regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the <br />Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7) <br />business day window outlined above. If the Recipient publishes a competitive solicitation after receiving <br />comments from the Division that the solicitation is deficient, then the Division may: <br />
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