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including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result
<br />of the failure of the SUBRECIPIENT to so tomply.
<br />OWNERSHIP OF PROJECT/CAPITAL FACILITIES
<br />The DEPARTMENT makes no claim to any capital facilities or r~al property improved or constructed
<br />with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
<br />interest or title to such property of the SUBRECIPIENT. The SU.BRECIPIENT shall assume all liabilities arising
<br />from the ownership and operat ion of the project and agrees to hold the DEPARTMENT, the state of
<br />Washington, and the United States government harmless from any and all causes of action arising from the
<br />ownership and operation of the project.
<br />POLITICAL ACTIVITY
<br />No portion of the funds provided herein shall be used for any partisan political activity or to further the election
<br />or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
<br />PRIVACY
<br />Personal information collected, used or acquired in connect.ion with this Agreement shall be used sol ely
<br />for the purposes of this Agreement. SUBRECIPIENT and its subcontractors agree not to release , di vulge ,
<br />publish, transfer, sell or otherwise make known to unautho rized persons ' personal information with out the
<br />express written consent of the DEPARTMENT or as prov ided by law or court order. SUBRECIPIENT ag rees
<br />to imp leme nt physical, electronic and managerial safeguards to prevent unauthorized access to personal
<br />information.
<br />The DEPARTMENT reserves the right to mon itor audit. or investigate the use of personal information
<br />collected, used or acquired by the SUBRECIPIENT through this contract. The monitoring auditing or
<br />investigating may include but is not limited to "salting " by the DEPARTMENT . Salting is the act of placing a
<br />record containing unique but false information in a database that can I:>e used later to identify inappropriate
<br />disclosure of data contained in the database.
<br />Any breach of this provision may result in termination of the contract and the demand for return of all
<br />personal information . The SUBRECIPIENT agrees to indemnify and ho ld harmless the DEPARTMENT for any
<br />damages related to the SUBRECIPIENT's unauthorized use, loss or disclosure of personal information.
<br />For purposes of this prOVision, personal information includes, but is not limited to, information
<br />identifiable to an individual that relates to a natural person's health, finances, education, business, use or
<br />receipt of governmental services, or other activities, namel), addresses, telephone numbers, social security
<br />numbers, driver license numbers, financial profiles, credit card numbers, financi al identi fiers and other
<br />identifying numbers.
<br />PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
<br />The assistance provided under this Agreement shall not be used in payment of any bonus or commission for
<br />the purpose of obtaining approval of the application for such assistance or any other approval or concurrence
<br />under this Agreement provided, however, that reasonable fees or bona fide techn ical conSUltant, managerial,
<br />or other such services, othe r than actual sOlicitation , are not hereby prohib ited if otherwise eligible as project
<br />costs .
<br />PUBLICITY
<br />The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity
<br />matters relating to this Agreement wherein the DEPARTMENT's name Is mentioned or language use d from
<br />which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or
<br />Implied . The SUBRECIPIENT agrees not to publish or use such advertising and publicity matters without the
<br />prior written consent of the DEPARTMENT. The SUBR ECIP IENT may copyright orig inal work it deve lops in the
<br />course of or under this Agreement; however, pursuant to 2 COR Part 200 .315 , FEMA reserves a royalty-free ,
<br />nonexclusive, and irrevocable license to reproduce, publ ish or otherwise use , and to authorize others to use
<br />the work for government purposes.
<br />Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's
<br />financial support, by CFDA number, and a statement that the publication does not constitute an endorsement
<br />by FEMA or reflect FEMA's views.
<br />RECAPTURE PROVISION
<br />In the event the SUBRECIPIENT fails to expend funds under this Agreeme nt-in accordance with
<br />applicable fede ral , state, and local laws and/o r the provisions of the Agreeme nt, the DEPARTMENT reserves
<br />15PDM Page 15 of 43 Kittitas County Dept. Of Public Works. E17-062
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