Common use of Compliance with Federal Requirements Clause in Contracts

Compliance with Federal Requirements. a. Subrecipient confirms understanding it is a Subrecipient of State Fiscal Recovery Funds, and agree to comply with applicable federal compliance, reporting, and contract requirements, including but not limited to: • The American Rescue Plan Act of 2021, P.L. 117-2, March 11, 2021, as amended. • US Department of Treasury Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 87 Fed. Reg. 4338, January 27, 2022, and all other applicable federal rules, policies, guidance, procedures, and directives including Reporting and Compliance Guidance, as may be amended. • Uniform Guidance (2 CFR Part 200), including Uniform Administrative Requirements, Cost Principles, and Audit Requirements. • Notice of Xxxxx Xxxxx Act Requirements: The federal requirements to report and certify prevailing wage rates under the Xxxxx Xxxxx Act, 40 USC §3141, et. seq., do not apply to capital projects funded solely with State and Local Fiscal Recovery Funds (SLFRF) provided under the American Rescue Plan Act, except for certain construction projects in the District of Columbia. Thus, recipients of SLFRF funds provided by the OBO for the purposes provided in this Agreement and expended for capital project(s) are not subject to Xxxxx-Xxxxx requirements, provided that the SLFRF funds are the only funds expended for the capital project(s). Should any capital project(s) funded under this Agreement also receive funding from other state and/or federal sources, then the Xxxxx-Xxxxx requirements may apply. Grantee is solely responsible for determining the applicability of and compliance with Xxxxx-Xxxxx requirements for all capital projects funded under this Agreement. b. Subrecipient acknowledges that federal requirements include, but are not limited to: • All funds expended under this award must be in compliance with the American Rescue Plan Act and applicable US Department of Treasury guidance (as may be amended from time to time). • The Subrecipient will be subject to a single audit or program specific audit when the subrecipient expends $750,000 or more in a fiscal year under the Uniform Guidance subpart F if the entity is subject to Subpart F of Part 2 of the CFR. Subpart F of the Uniform Guidance applies to all non-federal entity subrecipients, including ISPs. Per the Treasury’s updated guidance dated May 17, 2023, for-profit subrecipients are not subject to Subpart F but are subject to the terms and conditions in the award between a federal awarding agency and a recipient, and, pursuant to 2 CFR 200.501(h), the OBO has an obligation to ensure compliance by for-profit subrecipients as distinguished from the single audit requirement. Under that provision, OBO will require evidence of alternative audit methods to ensure compliance for federal awards made to for-profit subrecipients, which may include pre-award audits, monitoring during the agreement, and post-award audits. • Subrecipient must establish and maintain effective internal control over the Federal award that provides reasonable assurance that the Subrecipient is managing the award in compliance with Federal statutes, regulations, and the terms and conditions of the award.

Compliance with Federal Requirements. a. Subrecipient confirms understanding it is a Subrecipient of State Fiscal Recovery the Capital Project Funds, and agree to comply with applicable federal compliance, reporting, and contract requirements, including but not limited to: • The American Rescue Plan Act of 2021, P.L. 117-2, March 11, 2021, as amended. • US Department of Treasury Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 87 Fed. Reg. 4338, January 27, 2022, and all other applicable federal rules, policies, guidance, procedures, and directives including Reporting and Compliance Guidance, as may be amended. • Uniform Guidance (2 CFR Part 200), including Uniform Administrative Requirements, Cost Principles, and Audit Requirements. • Notice of Xxxxx Xxxxx Act Requirements: The federal requirements to report and certify prevailing wage rates under the Xxxxx Xxxxx Act, 40 USC §3141, et. seq., do not apply to capital projects funded solely with State and Local Fiscal Recovery Funds (SLFRF) and Capital Project Funds (CPF) provided under the American Rescue Plan Act, except for certain construction projects in the District of Columbia. Thus, recipients of SLFRF CPF funds provided by the OBO for the purposes provided in this Agreement and expended for capital project(s) are not subject to Xxxxx-Xxxxx requirements, provided that the SLFRF CPF funds are the only funds expended for the capital project(s). Should any capital project(s) funded under this Agreement also receive funding from other state and/or federal sources, then the Xxxxx-Xxxxx requirements may apply. Grantee is solely responsible for determining the applicability of and compliance with Xxxxx-Xxxxx requirements for all capital projects funded under this Agreement. b. Subrecipient acknowledges that federal requirements include, but are not limited to: • All funds expended under this award must be in compliance with the American Rescue Plan Act and applicable US Department of Treasury guidance (as may be amended from time to time). • The Subrecipient will be subject to a single audit or program specific audit when the subrecipient expends $750,000 or more in a fiscal year under the Uniform Guidance subpart F if the entity is subject to Subpart F of Part 2 of the CFR. Subpart F of the Uniform Guidance applies to all non-federal entity subrecipients, including ISPs. Per the Treasury’s updated guidance dated May 17, 2023, for-profit subrecipients are not subject to Subpart F but are subject to the terms and conditions in the award between a federal awarding agency and a recipient, and, pursuant to 2 CFR 200.501(h), the OBO has an obligation to ensure compliance by for-profit subrecipients as distinguished from the single audit requirement. Under that provision, OBO will require evidence of alternative audit methods to ensure compliance for federal awards made to for-profit subrecipients, which may include pre-award audits, monitoring during the agreement, and post-award audits. • Subrecipient must establish and maintain effective internal control over the Federal award that provides reasonable assurance that the Subrecipient is managing the award in compliance with Federal statutes, regulations, and the terms and conditions of the award.

Compliance with Federal Requirements. a. Subrecipient confirms understanding it is a Subrecipient must comply with the requirements of State Fiscal Recovery Fundssection 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and agree guidance issued by Treasury regarding the foregoing. Subrecipient acknowledges that this Agreement requires compliance with various provisions of Title 2 C.F.R. 200 – Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards. Subrecipient also agrees to comply with all other applicable federal complianceFederal, reportingstate and local laws, regulations, and contract requirementspolicies governing the funds provided under this Agreement. Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient must comply with all applicable Federal law, including but not limited to: • The American Rescue Plan Act of 2021statutes, P.L. 117-2regulations, March 11executive orders, 2021, as amended. • US Department of Treasury Final Rulepolicies and directives. Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Agreement include, Coronavirus State and Local Fiscal Recovery Fundswithout limitation, 87 Fed. Reg. 4338, January 27, 2022, and all other applicable federal rules, policies, guidance, procedures, and directives including Reporting and Compliance Guidance, as may be amended. the following: • Uniform Guidance (2 CFR Part 200), including Uniform Administrative Requirements, Cost Principles, and Audit RequirementsRequirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. • Notice Universal Identifier and System for Award Management (XXX), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. • Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. • OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. • Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. • Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. • New Restrictions on Lobbying, 31 C.F.R. Part 21. • Uniform Relocation Assistance and Real Property Acquisitions Act of Xxxxx Xxxxx Act Requirements: The federal requirements to report 1970 (42 U.S.C. §§ 4601-4655) and certify prevailing wage rates under the Xxxxx Xxxxx ActDepartment of Transportation’s implementing regulations, 40 USC §314149 CFR part 24, et. seq., do not that apply to capital projects funded solely with State federal financial assistance, such as SFRF funds. • Generally applicable federal environmental laws and Local Fiscal Recovery Funds (SLFRF) provided under regulations. • Federal Contract Provisions attached hereto as Attachment D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the American Rescue Plan Act, except for certain construction projects in the District of Columbia. Thus, recipients of SLFRF funds provided by the OBO for the purposes provided provisions stipulated in this Agreement and expended for capital project(s) are not subject to Xxxxx-Xxxxx requirementsAgreement, provided that the SLFRF funds are the only funds expended for the capital project(s). Should any capital project(s) funded under this Agreement also receive funding from other state and/or federal sources, then the Xxxxx-Xxxxx requirements may apply. Grantee is solely responsible for determining the applicability of and compliance with Xxxxx-Xxxxx requirements for all capital projects funded under this Agreement. b. Subrecipient acknowledges that federal requirements include, including but are not limited to: • All funds expended under this award must be in compliance with , 2 C.F.R. Part 200 and the American Rescue Plan Act and applicable US Department of Treasury guidance Federal Contract Provisions (as may be amended from time to timeAttachment D). • The Subrecipient will be subject With respect to a single audit or program specific audit when the subrecipient expends $750,000 or more in a fiscal year under the Uniform Guidance subpart F if the entity is subject to Subpart F of Part 2 of the CFR. Subpart F of the Uniform Guidance applies to all non-any conflict between such federal entity subrecipients, including ISPs. Per the Treasury’s updated guidance dated May 17, 2023, for-profit subrecipients are not subject to Subpart F but are subject to the terms and conditions in the award between a federal awarding agency and a recipient, and, pursuant to 2 CFR 200.501(h), the OBO has an obligation to ensure compliance by for-profit subrecipients as distinguished from the single audit requirement. Under that provision, OBO will require evidence of alternative audit methods to ensure compliance for federal awards made to for-profit subrecipients, which may include pre-award audits, monitoring during the agreement, and post-award audits. • Subrecipient must establish and maintain effective internal control over the Federal award that provides reasonable assurance that the Subrecipient is managing the award in compliance with Federal statutes, regulations, requirements and the terms of this Agreement and/or the provisions of state law and conditions of except as otherwise required under federal law or regulation, the awardmore stringent requirement shall control.