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THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, <br /> with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Indian River <br /> County, (hereinafter referred to as the"Sub-Recipient"). <br /> For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal <br /> award, and the Sub-Recipient serves as the recipient of a subaward. <br /> THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: <br /> A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds <br /> to provide the services identified herein; <br /> B. The State of Florida received these grant funds from the Federal government, and the <br /> Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions <br /> outlined below; and, <br /> C. The Division has statutory authority to disburse the funds under this Agreement. <br /> THEREFORE, the Division and the Sub-Recipient agree to the following: <br /> (1) APPLICATION OF STATE LAW TO THIS AGREEMENT <br /> 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award <br /> in accordance with state laws and procedures for expending and accounting for the state's own funds." <br /> Therefore, section 215.971, Florida Statutes, entitled"Agreements funded with federal or state <br /> assistance", applies to this Agreement. <br /> (2) LAWS, RULES, REGULATIONS AND POLICIES <br /> a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part <br /> 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal <br /> Awards." <br /> b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: <br /> i. A provision specifying a scope of work that clearly establishes the tasks that <br /> the Sub-Recipient is required to perform. <br /> ii. A provision dividing the agreement into quantifiable units of deliverables that <br /> must be received and accepted in writing by the Division before payment. Each deliverable must be <br /> directly related to the scope of work and specify the required minimum level of service to be performed <br /> and the criteria for evaluating the successful completion of each deliverable. <br /> iii. A provision specifying the financial consequences that apply if the Sub- <br /> Recipient fails to perform the minimum level of service required by the agreement. <br /> iv. A provision specifying that the Sub-Recipient may expend funds only for <br /> allowable costs resulting from obligations incurred during the specified agreement period. <br /> V. A provision specifying that any balance of unobligated funds which has been <br /> advanced or paid must be refunded to the Division. <br /> 2 <br />