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A.19
<br />4.20
<br />4.21
<br />4.22
<br />A.23
<br />4.24
<br />4.25
<br />The Subrecipient represents and warrants that its workplace does now orwill meet allappticable federal
<br />and state safety and health regulations that are in effectduring the Subrecipient's performince unoei tnfuAgreement. To the extent allowed by law, the Subrecipient further agrees til inOeninity and hold narmtessthe Departrnent and.its employees and agenls from all liability,tamages and costs of any natrre,
<br />including, but not limited to, costs of suits and attorneys' fees assessed against the Departm'ent, as a
<br />result of the failure of the Subrecipient to so comply.
<br />oIANERSHtp OF PROJECT/CAP|TAL FACtLtTf ES
<br />The Department makes no claim to any capital facilities or real property improved or constructed with
<br />funds under this Agreement, and by this subaward of funds does nof and- will not acquire any ownersnif
<br />interest or title to such property of the Subrecipient. The Subrecipient shall assume att liibitities anitresponsibilities arising from !h9 ownership and operation of the project and agrees to indemnify and holJthe Department, the state of Washington, and the United States gbvernmenlharmless from any ano ait
<br />causes of action arising from the ownership and operation of the project.
<br />POLITICAL ACNVIry
<br />No portion of the funds provided herein shall be used for any partisan political activity or to further theelection or defeat of any candidate for public office or influence ihe approval or defeat of any ballot issue.
<br />ploHlBtTtoN AGA|N
<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 orconcurrence under this Agreement provided, however, that reasonable fees or bona fide iechnical
<br />consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
<br />othena/se 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 fromwhich the connection of the Departmenl's name may, in the Department's judgmenl, b6 inferred orimplied- The Subrecipient agrees not to publish or use such advertising anO publici-ty matters without theprior written consent of the Department. The Subrecipient may copyrigft orilinal w6rk it devetops in the
<br />course of or underthis Agreement; however, pursuant to 2 CFR Part ZbO.St5, FEMA reseryes d royalty-
<br />free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorije
<br />others to use the work for government purposes.
<br />fg!li9{i9n resulting from work performed under this Agreement shall include an acknowledgement of
<br />fEMA's financial support, by the Assistance Listings Numner (formerly CFDA Number), and aitatement
<br />that the publication does not constitute an endorsement by FEIIA or ieflect FEMA's views.
<br />RECAPTURE PROVISION
<br />ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicablefederal, state, and local laws,- regulations, and/or the provisions of the Agreement, the Deilirtment
<br />reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such rightof recapture shall exist f9r thq life of the project following Agreement termination. Repayment ny i'ne
<br />Subrecipient of funds under this recapture provision shallbccur w1hin 30 days of demand.- ln the eventthe Department is required to institute legal proceedings to enforce the recapture provision, theDepartment shall be entitled to its costs and expenseJ thereol including attorney iees from the
<br />Subrecipient.
<br />RECORDSa' 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, inciuding all direct and indirect
<br />charges, and expenditures in the performance of this Agreement (the "r6cords").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 th6 State Auditor, bHS, ffUR or
<br />their designees, by the Comptroller General of the United States or its designees, or by other
<br />DHS.FEMA-HSGP.SHSP.FFY2O Page 17 ot 41 Kittitas, County ot, E21"082
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