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State of Florida Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-G %- 10-41 -01 -800 CSFA No. 52600308; CFDA No. 97. 036 Subgrantee : Indian River (County) FIPS No . 061 -99061 -00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as the "Subgrantee") . This Agreement is based on the existence of the following facts and conditions : A. WHEREAS , Hurricane Frances beginning September 1 , 2004 , and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04- 192 . In consequence of the Event, the President of the United States on September 4, 2004, declared Major Disaster No . FEMA-DR- 1545 -FL in all counties in the State of Florida. Asa result, the Public Assistance Program was made available to eligible applicants in these Declared counties ; and, B . WHEREAS , a FEMA- State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs , as appropriated, with its Subgrantees ; and, C. WHEREAS, The Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D . WHEREAS , the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority , under Section 252 . 373 , Fla. Stat. to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E . WHEREAS , a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions . As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere : A . "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T . Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288 , as amended, 42 U . S . C . § 5121 -5201 ; 44 C .F .R. Part 206 ; and applicable policies of the Federal Emergency Management Agency . B . "FEMA- State Agreement" is the agreement dated September 4, 2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No . FEMA- 1545-DR-FL . ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation 1