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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 sub -award. <br />THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: <br />D The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds <br />to provide the services identified herein; <br />D 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 />D 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. LAWS, RULES. REGULATIONS AND POLICIES <br />The Division and the Sub -Recipient shall be governed by all applicable State and Federal <br />laws, rules and regulations, including those identified in Attachment C. Any express reference in this <br />Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or <br />regulation applies. <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. 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal <br />award in accordance with state laws and procedures for expending and accounting for the state's own <br />funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state <br />assistance", applies to this Agreement. <br />C. This Agreement involves "Federal financial assistance," as that term is defined in <br />section 215.97(2)(f), Florida Statutes. <br />D. As required by Section 215.971(1), Florida Statutes, this Agreement includes: <br />(1) A provision specifying a scope of work that clearly establishes the tasks that the <br />Sub -Recipient is required to perform. <br />(2) 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 />(3) A provision specifying the financial consequences that apply if the Sub -Recipient <br />fails to perform the minimum level of service required by the agreement. <br />2 <br />