FEDERAL ASSURANCES AND CERTIFICATIONS. Operator certifies that it has reviewed the Federal Assurances and Certifications in Attachment B and is in compliance with all applicable requirements contained therein. Operator certifies it is in compliance with all other applicable federal laws, rules, or regulations, pertaining to this Contract. V. FEDERAL AND STATE FUNDING, RECAPTURE OF FUNDS, AND OVERPAYMENT 5.01 FEDERAL FUNDING a) Funding for this Contract is appropriated under the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act, (Public Law 93-288), to facilitate disaster recovery, which are presidentially-declared major disaster areas under Title IV of the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) and in the Coronavirus Aid, Relief, and Economic Security Act (Public Health and Social Services Emergency Fund for provider relief) (Public Law 116-136 or Public Law 116-139) (“CARES Act”) to facilitate assistance and emergency relief related to the Covid-19 pandemic. The fulfillment of this Contract is based on those funds being made available under CFDA 97-036 to TDEM as the lead administrative state agency and the Board as a subrecipient and CARES Act funds being made available to the Board. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the Grant program, the CARES Act, and any other applicable laws. Further, Operator acknowledges that all funds are subject to recapture and repayment for noncompliance with such laws, rules, and regulations. b) Operator must have a Data Universal Numbering System (DUNS) number and a Commercial and Government Entity (CAGE) code. Operator shall report its DUNS number and CAGE code to the Board for use in various grant-reporting documents. A DUNS number and CAGE code may be obtained through the System for Award Management website at xxxxx://xxx.xxx.gov/XXX/. Assistance with this website may be obtained by calling 000-000-0000. 5.02 STATE & FEDERAL FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the Board in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, it is understood that all obligations of the Board hereunder are subject to the availability of state and federal funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. b) Any breach-of-contract claim by Operator for damages under this Contract may not exceed the amount due and owing Operator or the amount of funds appropriated for payment but not yet paid to Operator under the annual budget in effect at the time of the breach. NOTHING IN THIS PROVISION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE BOARD. 5.03 RECAPTURE OF FUNDS The discretionary right of the Board to terminate for convenience under Section 2.02 notwithstanding, the Board may terminate the Contract and recapture and be reimbursed for any payments, including any unapproved expenditures that may be included in Attachment A, that the Board makes that (a) exceed the maximum allowable rates; (b) are not allowed under applicable laws, rules, or regulations, including but not limited to the Grant and the CARES Act; or (c) are otherwise inconsistent with this Contract.
Appears in 2 contracts
Samples: Covid 19 Reimbursement Agreement, Covid 19 Reimbursement Agreement
FEDERAL ASSURANCES AND CERTIFICATIONS. Operator certifies that it has reviewed the Federal Assurances and Certifications in Attachment B and is in compliance with all applicable requirements contained therein. Operator certifies it is in compliance with all other applicable federal laws, rules, or regulations, pertaining to this Contract. V. FEDERAL AND STATE FUNDING, RECAPTURE OF FUNDS, AND OVERPAYMENT
5.01 FEDERAL FUNDING
a) Funding for this Contract is appropriated under the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act, (Public Law 93-288), to facilitate disaster recovery, which are presidentially-declared major disaster areas under Title IV of the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) and in the Coronavirus Aid, Relief, and Economic Security Act (Public Health and Social Services Emergency Fund for provider relief) (Public Law 116-136 or Public Law 116-139) (“CARES Act”) to facilitate assistance and emergency relief related to the Covid-19 pandemic. The fulfillment of this Contract is based on those funds being made available under CFDA 97-036 to TDEM as the lead administrative state agency and the Board as a subrecipient and CARES Act funds being made available to the Board. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the Grant program, the CARES Act, and any other applicable laws. Further, Operator acknowledges that all funds are subject to recapture and repayment for noncompliance with such laws, rules, and regulations.
b) Operator must have a Data Universal Numbering System (DUNS) number and a Commercial and Government Entity (CAGE) code. Operator shall report its DUNS number and CAGE code to the Board GLO for use in various grant-reporting documents. A DUNS number and CAGE code may be obtained through the System for Award Management website at xxxxx://xxx.xxx.gov/XXX/. Assistance with this website may be obtained by calling 000-000-0000.
5.02 STATE & FEDERAL FUNDING
a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the Board in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, it is understood that all obligations of the Board hereunder are subject to the availability of state and federal funds. If such state and federal funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination.
b) Any breach-of-contract claim by Operator for damages under this Contract may not exceed the amount due and owing Operator or the amount of funds appropriated for payment but not yet paid to Operator under the annual budget in effect at the time of the breach. NOTHING IN THIS PROVISION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE BOARD.
5.03 RECAPTURE OF FUNDS The discretionary right of the Board to terminate for convenience under Section 2.02 notwithstanding, the Board may terminate the Contract and recapture and be reimbursed for any payments, including any unapproved expenditures that may be included in Attachment A, that the Board makes that (a) exceed the maximum allowable rates; (b) are not allowed under applicable laws, rules, or regulations, including but not limited to the the Grant and the CARES Act; or (c) are otherwise inconsistent with this Contract.
Appears in 1 contract
Samples: Covid 19 Reimbursement Agreement
FEDERAL ASSURANCES AND CERTIFICATIONS. Operator certifies that it has reviewed the Federal Assurances and Certifications in Attachment B and is in compliance with all applicable requirements contained therein. Operator certifies it is in compliance with all other applicable federal laws, rules, or regulations, pertaining to this Contract. V. FEDERAL AND STATE FUNDING, RECAPTURE OF FUNDS, AND OVERPAYMENT
5.01 FEDERAL FUNDING
a) Funding for this Contract is appropriated under the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act, (Public Law 93-288), to facilitate disaster recovery, which are presidentially-declared major disaster areas under Title IV of the Xxxxxx X. Xxxxxxxx Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) and in the Coronavirus Aid, Relief, and Economic Security Act (Public Health and Social Services Emergency Fund for provider relief) (Public Law 116-136 or Public Law 116-139) (“CARES Act”) to facilitate assistance and emergency relief related to the Covid-19 pandemic. The fulfillment of this Contract is based on those funds being made available under CFDA 97-036 to TDEM as the lead administrative state agency and the Board as a subrecipient and CARES Act funds being made available to the Board. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the Grant program, the CARES Act, and any other applicable laws. Further, Operator acknowledges that all funds are subject to recapture and repayment for noncompliance with such laws, rules, and regulations.
b) Operator must have a Data Universal Numbering System (DUNS) number and a Commercial and Government Entity (CAGE) code. Operator shall report its DUNS number and CAGE code to the Board for use in various grant-reporting documents. A DUNS number and CAGE code may be obtained through the System for Award Management website at xxxxx://xxx.xxx.gov/XXX/. Assistance with this website may be obtained by calling 000-000-0000.
5.02 STATE & FEDERAL FUNDING
a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the Board in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, it is understood that all obligations of the Board hereunder are subject to the availability of state and federal funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination.
b) Any breach-of-contract claim by Operator for damages under this Contract may not exceed the amount due and owing Operator or the amount of funds appropriated for payment but not yet paid to Operator under the annual budget in effect at the time of the breach. NOTHING IN THIS PROVISION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE BOARD.
5.03 RECAPTURE OF FUNDS The discretionary right of the Board to terminate for convenience under Section 2.02 notwithstanding, the Board may terminate the Contract and recapture and be reimbursed for any payments, including any unapproved expenditures that may be included in Attachment A, that the Board makes that (a) exceed the maximum allowable rates; (b) are not allowed under applicable laws, rules, or regulations, including but not limited to the Grant and the CARES Act; or (c) are otherwise inconsistent with this Contract.
Appears in 1 contract
Samples: Covid 19 Reimbursement Agreement
