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b. The term does not include your procurement of property and services needed to carry out the
<br />Projector program (for further explanation, see Sec. 210 of the attachment to OMB Circular
<br />A -133, " Audits of States, Local Government, and Non -Profit Organizations ").
<br />c. A subaward may be provided through any legal agreement, including an agreement that you
<br />consider a contract.
<br />5. Subrecipient, as defined in 2 CFR §25.360, means an entity that:
<br />a. Receives a subaward frorn you under this award; and
<br />b. Is accountable to you for the use of the Federal funds provided by the subaward.
<br />8, FINANCIAL GUIDELINES: The recipient and any subrecipient shall comply with the most recent version of
<br />the Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive list of regulations
<br />commonly applicable to FEMA grants are listed below:
<br />A. Administrative Requirements
<br />1. 44 CFR 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State
<br />and Local Governments
<br />2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions
<br />of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A -1 IC)
<br />3. 44 CFR part 10, Environmental Considerations
<br />B. Cost Principles
<br />1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-
<br />87)
<br />2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A -21)
<br />3, 2 CFR Part 230, Cost Principles for Non - Profit Organizations (OMB Circular A -122)
<br />4. 48 CFR 31,2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations
<br />C, Audit Requirements
<br />1. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations
<br />9, PROHIBITION ON USING FEDERAL FUNDS: The recipient understands and agrees that it cannot use any
<br />Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,
<br />regulation or policy, at any level of government, without the express prior written approval of FEMA.
<br />10, COMPLIANCE WITH PROGRAM GUIDANCE: The recipient agrees that all allocations and use of funds
<br />under this grant will be in accordance with the Program guidance and application kit,
<br />11. CLASSIFIED SECURITY CONDITION:
<br />A. Classified national security information, as defined in Executive Order (EO) 12958, as amended, means
<br />information that has been determined pursuant to EO 12958 or any predecessor order to require protection
<br />against unauthorized disclosure and is marked to indicate its classified status when in documentary form.
<br />B, No funding under this award shall be used to support a contract, subaward, or other agreement for goods
<br />or services that will include access to classified national security information if the award recipient has
<br />not been approved for and has access to such information.
<br />C. Where an award recipient has -been approved for and has access to classified national security
<br />information, no funding under this award shall be used to support a contract, subaward, or other
<br />agreement for goods or services that will include access to classified national security information by the
<br />contractor, subawardee, or other entity without prior written approval from the DNS Office of Security,
<br />Industrial Security Program Branch (ISPB), or an appropriate official within the Federal department or
<br />agency with whom the classified effort will be performed,
<br />D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the
<br />DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7,
<br />Initials
<br />55A -95
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