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established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A <br /> DUNS number may be obtained from D&B by telephone (currently 866-705-5711)or the Internet <br /> (currently at http://fedgov.dnb.com/webform). <br /> 3. 'Entfty, as it is used in this award term, means all of the following, as defined at 2 <br /> CFR part 25, subpart C: <br /> a. A Governmental organization, which is a State, local government, or Indian <br /> tribe; <br /> b. A foreign public entity; <br /> c. A domestic or foreign nonprofit organization; <br /> d. A domestic or foreign for-profit organization; and <br /> e. A Federal agency, but only as a subrecipient under an award or subaward <br /> to a non-Federal entity. <br /> 4. Subaward: <br /> a. This term means a legal instrument to provide support for the performance <br /> of any portion of the substantive project or program for which you received this award and that you as <br /> the recipient award to an eligible subrecipient. <br /> b. The term does not include your procurement of property and services <br /> needed to carry out the project or program (for further explanation, see Sec. --.210 of the attachment <br /> to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). <br /> c. A subaward may be provided through any legal agreement, including an <br /> agreement that you consider a contract. <br /> 5. Subrecipient means an entity that: <br /> a. Receives a subaward from you under this award; and <br /> b. Is accountable to you for the use of the Federal funds provided by the <br /> subaward. <br /> 7. EARMARKS - FULLY FUNDED <br /> EPA is fully funding this'assistance agreement based on the terms of a congressional earmark. If future <br /> earmarks are not provided for this project and recipient, supplemental funding for this project is not <br /> guaranteed. <br /> 8. HOTEL-MOTEL FIRE SAFETY <br /> Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space <br /> for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds <br /> complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as <br /> amended). Recipients may search the Hotel-Motel National Master List at <br /> http://www.usfa.dhs.gov/applications/hotel/to see if a property is in compliance (FEMA ID is currently not <br /> required), or to find other information about the Act. <br /> 9. LOBBYING AND LITIGATION -ALL RECIPIENTS <br /> The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this <br /> assistance agreement are used to engage in lobbying of the Federal Government or in litigation against <br /> the United States unless authorized under existing law. The recipient shall abide by its respective OMB <br /> Circular(A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the <br /> United States or for lobbying or other political activities. <br /> 10. MANAGEMENT FEES <br /> Management fees or similar charges in excess of the direct costs and approved indirect rates are not <br /> allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in <br /> order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other <br /> similar costs which are not allowable under this assistance agreement. Management fees or similar <br /> charges may not be used to improve or expand the project funded under this agreement, except to the <br /> extent authorized as a direct cost of carrying out the scope of work. <br /> 11. RECYCLED PAPER -PART 31 RECIPIENTS -STATE, TRIBES & LOCAL GOVERNMENTS <br />