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4,21
<br />4.22
<br />A,23
<br />4.24
<br />4.25
<br />POLITICAL ACTIVITY
<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 BONUq OR COMMTSSTON
<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 />concurren@ 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 />PUBI,.ICITY
<br />The Subrecipient agrees to submit to the Department prior to issuance all advertising and pubticity
<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 judgmeni, be infened or
<br />implied. The Subrecipient agrees not to publish or use such advertising and publicity mafters without the
<br />prior written consent of the Department. The Subrecipient may copyright original work it develops in the
<br />course of or underthis Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
<br />free, nonexclusive, and inevocable license to reproduce, publish or othennrise use, and to authoriie
<br />others to use the work for govemment 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 ltatement
<br />that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
<br />REqAPTURE PROV|S|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 Oelirtment
<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 projecl following Agreement termination. Repayment by the
<br />Subrecipient of funds under this recapture provision shall occur within 30 days of demand. tn the event
<br />the Depailment is required to institute legal proceedings to enforce the recapture provision, the
<br />Department shall be entitled to its costs and expenses thereof, including attomey fees 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 neessary to sufficiently and properly reflect the Subrecipienfs
<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 lhe 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 lo determine the appropriate level of funding
<br />to be paid under the Agreement.
<br />c. The records shall be made available by the Subrecipient for such inspec{ion 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 />4.26
<br />\Mrile the Department undertakes to assist the nt the proJecUstatement of work/work plan
<br />(project) by providing federal award funds pursuant to this Agreement, the projec't itself remains the sole
<br />responsibility of the Subrecipient. The Department undertakes no responsibilig to the Subrecipient, or
<br />to any third party, other than as is expressly seil out in this Agreement.
<br />DHS-FEMA-HSGP-SHSP-FFY19 Page 16 of 37 Kittilas County,E22-261
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