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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />"AN t, BUTLER, CLERK <br />To avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost <br />(e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful <br />completion of a task under this Agreement, and if the Recipient receives permission from the Division <br />prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. <br />Performance <br />To qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy <br />the minimum level of service required for the successful completion of a task required by this Agreement. <br />If the performance fails to satisfy the minimum level of service, then the Division shall not provide any <br />reimbursement for that performance. <br />B. INDIRECT COSTS <br />Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § <br />200.414. Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an <br />award must provide a copy of their negotiated indirect cost rate agreement at the time of application. <br />Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement <br />but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of <br />their proposal at time of application. Post -award requests to charge indirect cost will be considered on <br />case-by-case basis and based upon the submission of an agreement or proposal. <br />C. PROCUREMENT <br />All Procurement transactions will be conducted in a manner providing full and open competition and shall <br />comply with the standards articulated in: <br />• 2 C.F.R. Part 200; <br />• Chapter 287, Florida Statues; and, <br />• Any local procurement policy. <br />Per 2 CFR 200.318 through 200.326, Recipients are required to adhere to certain procurement standards <br />for entering contracts for personnel or services. This includes full and open competition, methods of <br />procurement to follow, federal or passthrough entity review, and including federal provisions intro <br />contracts. <br />D. FINANCIAL CONSEQUENCES: <br />If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate <br />the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct <br />the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the <br />noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps <br />may be taken: <br />(1) Temporarily withhold payments pending correction of the deficiency by the recipient. <br />(2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of <br />the cost of the activity or action not in compliance. <br />(3) Wholly or partly suspend or terminate the award. <br />(4) Take other remedies that may be legally available. <br />34 <br />