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A.22 P RO HIB ITI ON AGAIN ST PAYMENT OF BONUS OR COMMISSION
<br />The assistance provided under this Agreement shall not be used in payment of any bonus or commission
<br />for the purpose of obtaining approval of the application for such assistance or any other approval or
<br />concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
<br />consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
<br />otherwise eligible as project costs.
<br />A.23 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 used 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 Subrecipient may copyright original work it develops in the
<br />course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
<br />free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
<br />others to use the work for government purposes.
<br />Publication resulting from work performed under this Agreement shall include an acknowledgement of
<br />FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
<br />endorsement by FEMA or reflect FEMA's views.
<br />A.24 RECAPTURE PROVISION
<br />In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
<br />federal , state, and local laws, regulations, and/or the provisions of the Agreement, the Department
<br />reserves the right to recapture funds in an amount equivalent to the extent of noncompliance . Such right
<br />of recapture shall exist for the life of the project following Agreement termination. Repayment by the
<br />Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
<br />the Department is required to institute legal proceedings to enforce the recapture provision, the
<br />Department shall be entitled to its costs and expenses thereof, including attorney fees from the
<br />Subrecipient.
<br />A.25 RECORDS
<br />a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
<br />other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
<br />contracts, subawards, grant administration, and payments, including all direct and indirect
<br />charges , and expenditures in the performance of this Agreement (the "records").
<br />b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
<br />and audited by the Department or its designee, by the Office of the State Auditor, OHS, FEMA or
<br />their designees, by the Comptroller General of the United States or its designees, or by other
<br />state or federal officials authorized by law, for the purposes of determining compliance by the
<br />Subrecipient with the terms of this Agreement and to determine the appropriate level of fund ing
<br />to be paid under the Agreement.
<br />c. The records shall be made available by the Subrecipient for such inspection and audit, together
<br />with suitable space for such purpose , at any and all times during the Subrecipient's normal
<br />working day.
<br />d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
<br />funded project(s) for a period of at least six (6) years following final payment and closure of the
<br />grant under this Agreement. Despite the minimum federal retention requirement of three (3)
<br />years, the more stringent State requirement of six (6) years must be followed.
<br />A.26 RES PON SIBILITY FOR PR OJECT/STATE MENT OF WORK/WORK PLAN
<br />While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
<br />(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
<br />responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
<br />to any third party , other than as is expressly set out in this Agreement.
<br />The responsibility for the design, development, construction, implementation, operation and maintenance
<br />of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
<br />responsibility for any claim or suit of any nature by any third party related in any way to the project.
<br />DHS-FEMA-HSGP-SHSP-FFY18 Page 16 of 40 Kittitas County Sheriffs Office , E19-111
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