LAWS, RULES, REGULATIONS AND POLICIES Sample Clauses

LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment D. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies.

LAWS, RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 CFR Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” b. In addition to the foregoing, the Subrecipient and the Agency shall be governed by all applicable State and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. c. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively applied. All required provisions can be found in Attachment D: Required Contract Provisions.

LAWS, RULES, REGULATIONS AND POLICIES. Performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” For this event, FEMA recognizes that noncompetitive procurements may be necessary to save lives, to protect property and public health, and to ensure public safety, as well as to lessen or avert the threat of a catastrophe. The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services' (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. a. For the duration of the Public Health Emergency, which began January 27, 2020 as determined by HHS, local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety, or to lessen or avert the threats created by emergency situations for 1) Emergency protective measures under FEMA's Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-

LAWS, RULES, REGULATIONS AND POLICIES. A. This Agreement involves “state financial assistance,” as that term is defined in section 215.97(2)(r), Florida Statutes. B. This Agreement involves a “Base Grant”, defined by Rule 27P-19.002(1), Florida Administrative Code, as “those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies.” C. As defined by Rule 27P-19.002, Florida Administrative Code, the term “Division” means “the Division of Emergency Management, Executive Office of the Governor.” D. Under this Agreement, the Division serves as the “State awarding agency” as that term is defined by section 215.97(2)(q), Florida Statutes. E. Under this Agreement, the term “Recipient”, as defined by section 215.97(2)(o), Florida Statutes, means a “nonstate entity that receives state financial assistance directly from a state awarding agency.” As defined by Rule 27P-19.002(12), Florida Administrative Code, the term “Recipient” also means “an Applicant that is offered and accepts an award from the Division.” F. The Recipient is a “County Emergency Management Agency,” as that term is defined by Rule 27P-19.002(3), Florida Administrative Code. G. As required by section 215.97(5)(a), Florida Statutes, this Agreement provides the recipient with “information needed by the recipient to comply with the requirements of” the Florida Single Audit Act. H. As required by section 215.971(1), Florida Statutes, this Agreement includes: (1) A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. (4) A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Re...

LAWS, RULES, REGULATIONS AND POLICIES. The Division and the Sub-Recipient shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. A. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” B. 2 C.F.R. §200.302 provides: “Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds.” Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state assistance”, applies to this Agreement. C. This Agreement involves “Federal financial assistance,” as that term is defined in section 215.97(2)(f), Florida Statutes. D. As required by Section 215.971(1), Florida Statutes, this Agreement includes: (1) A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Sub-Recipient fails to perform the minimum level of service required by the agreement. (4) A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division.

LAWS, RULES, REGULATIONS AND POLICIES. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.”

LAWS, RULES, REGULATIONS AND POLICIES. Performance under this Agreement is subject to Section 601(a) of the Social Security Act, as incorporated by Section 5001 of the “CARES Act”. Fund payments are only subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2 CFR §200.303 regarding Internal Controls, 2 CFR §§200.330 through 200.332 regarding Sub-Recipient Monitoring and Management, and Subpart F regarding Audit Requirements. Pursuant to Exhibit 1, the CARES Act provides that payments from the Fund may only be used to cover costs that: A. are necessary expenditures incurred due to the public health emergency with respect to the COVID-19; B. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the County or Municipality; and C. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.

LAWS, RULES, REGULATIONS AND POLICIES. The Division and the Sub-Recipient shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. A. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” B. 2 C.F.R. §200.302 provides: “Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds.” Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state assistance”, applies to this Agreement.