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the subcontractor shall hold the Department and Recipient harmless against all claims of whatever <br />nature arising out of the subcontractor's performance of work under this Agreement, to the extent <br />allowed and required by law. <br />(b) The Recipient shall not award subgrants using funds awarded pursuant to this <br />Agreement. <br />(c) The Recipient shall comply with all applicable procurement rules and regulations <br />in securing goods and services to implement the Scope of Work. Wherever required by law or <br />otherwise permitted, the Recipient shall utilize competitive procurement practices. <br />(d) Allowable costs shall be determined in accordance with Office of Management <br />and Budget Circular A-87. <br />(14) TERMS AND CONDITIONS <br />The Agreement contains all the terms and conditions agreed upon by the parties. <br />(15) ATTACHMENTS <br />(a) All attachments to this Agreement are incorporated as if set out fully herein. <br />(b) In the event of any inconsistencies or conflict between the language of this <br />Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to <br />the extent of such conflict or inconsistency. <br />(c) This Agreement has the following attachments: <br />Exhibit 1 - Funding Sources <br />Attachment A - Budget <br />Attachment B and B-1 - Scope of Work <br />Attachment C - Program Statutes and Regulations <br />Attachment D - Reports <br />Attachment E - Justification for Advance <br />Attachment F - Assurances <br />(16) FUNDING/CONSIDERATION <br />(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for <br />costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102,959 <br />subject to the availability of funds from the Department. The amount of funds available pursuant to this <br />rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed <br />as a condition of receiving federal disaster relief assistance or planning funds. <br />Funds received from the Emergency Management Preparedness and Assistance Trust Fund may <br />not be used to supplant existing funds, nor shall funds from one program under the Trust Fund be <br />used to match funds received from another program under the Trust Fund. <br />i_m <br />