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12 <br /> i. The Subrecipient must comply with all federal laws and regulations <br /> applicable to pass-through entities of 15EMPG funds, including but <br /> not limited to those contained in 2 CFR 200. <br /> ii. The Subrecipient shall require its subrecipient to comply with all <br /> applicable state and federal laws, rules, regulations, requirements <br /> and program guidance identified or referenced in this Agreement <br /> and the informational documents published by DHS/FEMA <br /> applicable to the 15EMPG Program, including, but not limited to, all <br /> criteria, restrictions, and requirements of the "Department of <br /> Homeland Security Notice of Funding Opportunity FY 2015 <br /> Emergency Management Performance Grant" document published <br /> by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP- <br /> 00028-S01 in Attachment#1, and the federal regulations commonly <br /> applicable to DHS/FEMA grants. <br /> iii. The Subrecipient shall be responsible to the Department for <br /> ensuring that all 15EMPG federal award funds provided to its <br /> subrecipient are used in accordance with applicable federal and <br /> state statutes and regulations, and the terms and conditions of the <br /> federal award set forth in Attachment#1 of this Agreement. <br /> 2. REIMBURSEMENT & BUDGET REQUIREMENTS <br /> a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, <br /> benefits, printing, equipment,and other goods and services or other budget <br /> categories will be reimbursed on an actual cost basis unless otherwise <br /> provided in this Agreement. <br /> b. The maximum amount of all reimbursement requests permitted to be <br /> submitted under this Agreement, including the final reimbursement <br /> request, is limited to and shall not exceed the total Grant Agreement <br /> Amount. <br /> c. If the Subrecipient chooses to include indirect costs within the Budget <br /> (Exhibit E), an indirect cost rate agreement negotiated between the federal <br /> cognizant agency for indirect costs and the Subrecipient establishing <br /> approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix <br /> VII to 2 CFR 200 must be submitted to the Department. However, under 2 <br /> CFR 200.414(f), if the Subrecipient has never received a negotiated <br /> indirect cost rate agreement establishing federally negotiated rate(s), the <br /> Subrecipient may negotiate a rate with the Department or charge a de <br /> minimis rate of 10%of modified total direct costs. The Subrecipient's actual <br /> indirect cost rate may vary from the approved rate, but must not exceed the <br /> indirect cost rate percentage identified in Exhibit E, Budget. If a <br /> Subrecipient chooses to charge the 10% de minimis rate, but did not <br /> charge indirect costs to previous subawards, a request for approval to <br /> charge indirect costs must be submitted to the Department Key Personnel <br /> for approval with an explanation for the change. <br /> d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and <br /> should consult their internal policies, state rates set pursuant to RCW <br /> 43.03.050 and RCW 43.03.060 as now existing or amended, and federal <br /> maximum rates set forth at http://www.cgsa.gov, and follow the most <br /> restrictive. If travel costs exceed set state or federal limits, travel costs <br /> shall not be reimbursed without prior written approval by Department Key <br /> Personnel. <br /> DHS-FEMA-EMPG-FFY 15 Page 3 of 28 Everett, City of, E16-120 <br /> 59 <br />