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4.20
<br />4.21
<br />4.22
<br />A.23
<br />4.24
<br />4.25
<br />the Department and its employees and agents from all liability, damages and costs of any nature,
<br />including, but not limited to, cosls of suits and attorneys' fees assessed against lhe Department, as a
<br />result of the failure of the Subrecipient to so comply.
<br />oI JNERSH|p OF PROJECT/CAP|TAL FAC|LtTtES
<br />The Department makes no claim to any capitalfacilities or real property improved or constructed with
<br />funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
<br />interest or title to such property of the $ubrecipient. The Subrecipient shall assume all liabilities and
<br />responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
<br />the Department, the state of Washington, and the United States government harmless from any and all
<br />causes of action arising from the ownership and operation of the project.
<br />POLTTTCAL ACT|VITY
<br />No portion of the funds provided herein shall be used for any partisan political activity or to further the
<br />election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
<br />PROHTBTT|ON AGATNST PAYMENT.,OF BONUS OR COMMTSSTON
<br />The assistance provided underthis 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 />othenrise eligible as project 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 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 originalwork 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 othenrrlise use, and to authoriie
<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 the Assistance Listings Number (formerly CFDA Number), and a statement
<br />that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
<br />RECAPTURE PRgVtS|ON
<br />ln 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 lhe 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. ln 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 thereot including attorney fees from the
<br />Subrecipient.
<br />RECORDSa. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
<br />other elec{ronic 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, DHS, 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 funding
<br />to be paid under the Agreement.
<br />DHS.FEMA.EMPG-S-FY2O Page 16 of35 Kittitas County Sheriffs Office. E20-270-Revised
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