AUTHORITIES AND REFERENCES Clause Samples
The 'Authorities and References' clause identifies the legal, regulatory, or technical sources that govern or inform the agreement. It typically lists statutes, regulations, industry standards, or authoritative documents that the parties must adhere to or consult during the contract's execution. By clearly specifying these sources, the clause ensures that all parties operate under a common understanding of the applicable rules and standards, thereby reducing ambiguity and potential disputes.
AUTHORITIES AND REFERENCES. The SUBRECIPIENT shall comply with all applicable laws and regulations. A non-exclusive list of laws and regulations commonly applicable to FEMA grants follows hereto for reference only. • 2 CFR, Part 200 - ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/cgi-bin/text- idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl • ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq. • Title 44 of the Code of Federal Regulations (CFR) - Part 80-Property Acquisition and Relocation for Open Space, if applicable • Title 44 of the Code of Federal Regulations (CFR) - Part 9-Floodplain Management and Protection of Wetlands • Title 44 of the Code of Federal Regulations (CFR)- Part 201- Mitigation Planning • Title 44 of the Code of Federal Regulations (CFR)- Part 206-Federal Disaster Assistance • Title 31 CFR 205.6 Funding Techniques • Hazard Mitigation Assistance Guidance, February 27, 2015- if applicable • SUBRECIPIENT’s application that was received and approved by HSEMD and FEMA • Any other applicable Federal Statutes including the Transparency and Recovery Act
AUTHORITIES AND REFERENCES. A. The basic authority for each county, town or city to enter into this Agreement is Code of Alabama, Title 31, Chapter 9, Sections 31-9-1 through 31-9-24, as amended (the "Alabama Emergency Management Act") and more specifically Section 31-9-9.
B. Provisions of this Agreement are based on the various sections and paragraphs of the Alabama Emergency Management Act.
AUTHORITIES AND REFERENCES. Several CoCERN partners have identified responsibilities in disaster response arenas specified in law or public policy.
A. CDHS, Division of Behavioral Health The Colorado Department of Human Services has the following statutory authorities: The ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Disaster Relief and Emergency Assistance Act, Public Law 93-288, Title VI provides fiscal support to recovering communities through the Crisis Counseling Program following a Presidential Declaration of Disaster. The State Mental Health Authority is the responsible agency.
I. Contextual Framework The Colorado Disaster Emergency Act of 1992, Title 24, Article 32, Part 2101 et. Seq., Colorado Revised Statutes (CRS), as amended: The Division of Emergency Management is charged to “Prepare for prompt and efficient search, rescue, recovery, care, and treatment of persons lost, entrapped, victimized, or threatened by disasters or emergencies,” and within the state, with the Governor as “Commander in Chief,” any and all state government entities can be utilized to fulfill these responsibilities during a state emergency. The Colorado State Emergency Operations Plan, State Emergency Function #8a Mental Health, October 2007 states: “The Colorado state Emergency Operation Plan identifies the Colorado Department of Human Services, Division of Behavioral Health as the lead agency in coordinating disaster behavioral health services.”
B. American Red Cross, Mile High Chapter Authority and Legal Status of the American Red Cross to Provide Disaster Services Authority to perform disaster services was formalized when Congress chartered the Red Cross in 1905, as amended May 11, 2007 (36 U.S.C. § 300101-300311). Among other provisions, the Congressional Charter charges the Red Cross
AUTHORITIES AND REFERENCES. This MOA is authorized under the provisions of the Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-1 et seq., the ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Disaster Relief and Emergency Assistance Act (the “▇▇▇▇▇▇▇▇ Act”), P.L. 93-288 as amended, 42 U.S.C. § 5121 et. seq., and O.C.G.A. § 36-69-3.1, authorizing counties to enter into agreements for the provision of law enforcement services in a local emergency. This MOA incorporates by reference the Georgia Emergency Operations Plan, the Georgia Shelter Plan, and the Federal Emergency Management Agency’s (“FEMA”) Fourth Edition (Version 4) of the Public Assistance Program and Policy Guide (“PAPPG”), available at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/sites/default/files/documents/fema_pappg-v4-updated-links_policy_6-1- 2020.pdf.
AUTHORITIES AND REFERENCES. Authorities References The DNRC will:
A. Assist the county in organizing varying degrees of fire protection forces within the county for fire attack and suppression.
B. Prepare fire management and other fire operating-action plans as may be required.
C. Provide fire equipment and/or supplies to the county as such are available and inspect each annually.
D. Provide wildland fire training to the county/fire department’s no less than one time annually.
E. Appoint Montana Fire Wardens and/or DNRC County Fire Coordinators/Advisors in the number locations determined necessary by the DNRC Southern Area Fire Management Officer to redeem the DNRC’s fire control obligations to law together with the County.
F. Respond to and assist Yellowstone County/fire departments with suppression of fires by providing technical assistance to county and local fire department Incident Commanders, unified command when required, personnel, equipment, and aviation resources as such are both available and appropriate to carry out the intent of the cooperative program.
AUTHORITIES AND REFERENCES. Law, regulations, and endorsements including, but not limited to, the following commonly applicable to FEMA grants listed hereafter, for reference only. • 2 CFR Part 200 “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.” • ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Disaster Assistance and Emergency Relief Act (▇▇▇▇▇▇▇▇ Act), 42 U.S.C. § 5133, as amended by Section 102 of the Disaster Mitigation Act of 2000 (DMA). • Title 44 of the Code of Federal Regulations (CFR). • Build America, Buy America Act (BABAA), Section 70914 of Public Law No. 117-58, §§ 70901-52. • SUBRECIPIENT’s application that was received and approved by NEMA and FEMA.
AUTHORITIES AND REFERENCES a. The legal authority for ▇▇▇▇▇▇ County and each town or city named herein to enter into this Agreement is The Alabama Code, 1975 §§11-87-1 through 11-87- 5.
b. The provisions of this Agreement are based on the various code sections cited above and the prior actions of the ▇▇▇▇▇▇ County Commission establishing the EMS Board and the Rules Governing Composition And Operation Of The ▇▇▇▇▇▇ County Emergency Medical Services Board, and the action of the ▇▇▇▇▇▇ County E-911 Communication District (all such attached hereto and made a part hereof collectively as Addendum No. 2).
AUTHORITIES AND REFERENCES. 8 U.S.C. § 1231(g); EO 14165, “Securing Our Borders,” January 20, 2025; EO 14159, “Protecting the American People Against Invasion,” January 20, 2025; Memorandum for the Secretary of Defense and the Secretary of Homeland Security, “Expanding Migrant Operations Center at Naval Station Guantanamo Bay to Full Capacity,” January 29, 2025.
AUTHORITIES AND REFERENCES. Omnibus Agreement
AUTHORITIES AND REFERENCES. The structure of the IPC and its duties are codified in the California Health and Safety Code 114650 to establish a mechanism for coordinating integrated preparedness and response in the event of an emergency at SONGS. The duties of each Local Agency for radiological emergency planning described in Health and Safety Code 114650 are implemented through each local agency’s emergency plans and/or annexes. Those plans are incorporated by this reference into this MOU. Government code 8610 sets forth the amount of funds local jurisdictions have received for costs associated with radiological emergency planning, specifically related to SONGS. Local government jurisdictions adhere to the Federal Emergency Management Agency (FEMA) Comprehensive Preparedness Guidance (CPG) 101 in the development of their emergency planning, training, and exercises. All Parties have been guided by the FEMA “Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants” (NUREG-0654).