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THIS AGREEMENT is entered into by the State. of Florida, Division of Emergency Management, with <br />headquarters in Tallahas ee, Florida (hereinafter referred to as the "Division"), and <br />Indian River County (hereinafter referred to as the "Sub -Recipient"). <br />For the purposes of this Agreement, the Division serves as the pas -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 represent that it is fully qualified and eligible to receive these grant funds <br />to provide the services identified herein; <br />B. The Sub -Recipient, by its decision to participate in the FEMA PA Program, bear the ultimate <br />responsibility for ensuring compliance with all applicable State and Federal laws, regulation and policies, <br />and bears the ultimate consequences of any adverse decisions rendered by the Division, FEMA, or any <br />other State and Federal agencies with audit, regulatory, or enforcement authority. <br />C. The State of Florida received these grant funds from the Federal government, and the Division <br />has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined <br />below; and, <br />D. The Division, as the pas -through :entity and fiduciary of such Federal funding, reserves the <br />right to demand that the Sub -Recipient comply with all applicable State and Federal laws, regulations and <br />policies, terminate reimbursements and take any and all other actions it deems appropriate to protect those <br />funds for which it is responsible, including debt collections. <br />E. The Division has tatutory 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 <br />tate as istance", applies to this Agreement. <br />(2) LAWS, RULES, REGULATIONS AND POLICIES <br />a. Performance under this Agreement is ubject to 2 C.F.R. Part 200, entitled "Uniform <br />Administrative Requirements, Cost Principles, and Audit Requirements for Federal 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 directly <br />related to the scope of work and specify the required minimum level of service to be performed and the <br />criteria for evaluating the succes ful completion of each deliverable. <br />82 <br />