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2024-255B
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Last modified
2/28/2025 10:57:59 AM
Creation date
1/16/2025 10:49:06 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/08/2024
Control Number
2024-255B
Agenda Item Number
8.E.
Entity Name
Department of Homeland Security FL
Division of Emergency Management
Subject
Management FY 2024 Emergency Management Performance Agreement (EMPG) Agreement No.G0558
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the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation <br />(whether competitive or non-competitive) at least ten (10) days prior to the publication or communication of the <br />solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within seven (7) <br />business days. Consistent with 2 C.F.R. § 200.325, the Division shall review the solicitation for compliance with the <br />procurement standards outlined in 2 C.F.R. § 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. <br />Consistent with 2 C.F.R. § 200.318(k), the Division shall not substitute its judgment for that of the Sub -Recipient. While <br />the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may <br />allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The <br />Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, <br />the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the <br />Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly <br />as possible within the seven (7) business day window outlined above. If the Sub -Recipient publishes a competitive <br />solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: <br />above; and, <br />Terminate this Agreement in accordance with the provisions outlined in paragraph (17) <br />Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. <br />e. Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements <br />by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Sub -Recipient chooses to subcontract any of <br />the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated <br />contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to <br />the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division shall review the <br />unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. § 200.318 through 200.327 as <br />well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division shall not substitute its <br />judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to <br />execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the <br />subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and <br />comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient <br />remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any <br />deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the <br />seven (7) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a <br />communication from the Division that the subcontract is non-compliant, then the Division may: <br />above; and, <br />Terminate this Agreement in accordance with the provisions outlined in paragraph (17) <br />ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. <br />f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the <br />terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) <br />the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of <br />the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. effected <br />13 <br />
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