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mental, or physicalhandicap. This requirement does not apply, however, to a religious corporation,
<br />association, educational institution or society with respect to the employment of individuals-of a
<br />particular religion to peform work connected with the carrying on by such corporation, association,
<br />educational institution or socieg of its activities.
<br />b. The Subrecipient shall take action to ensure that employees are employed and treated during
<br />employment without discrimination because of their race, color, sex, sexual orientation religionl
<br />national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence
<br />of any sens!ry, mental, or physical handicap. Such action shall include, but not be limited to, thefollowing: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
<br />training, including apprenticeships and volunteers.
<br />4.18 NOTTCES
<br />The Subrecipient shallcomply with all public notices or notices to individuals required by applicable local,
<br />state and federal laws and regulations and shallmaintain a record of this compliance.
<br />A.1s 9$$UPATIO,NAL SAFETY/HEALTH ACT and WASHINGToN INDUSTRhL SArery/Henlrn ncJ(oSHA^,vtSHA)
<br />The Subrecipient represents and warrants that its workptace does now or will meet allapplicable federal
<br />and state safe$ and health regulations that are in effect during the Subrecipient's performince under this
<br />Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
<br />the Department a1d its employees and agents from all liabilig, damages and cbsts of any nature,
<br />including, bul 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 />A.2O OWT.IERSH IP OF PROJECT/CAPITAL FACILITIES
<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 not and will not acquire any ownership
<br />interest or title to such property of the Subrecipient. The Subrecipient shall assume all liibilities ano
<br />responsibilities arising from the ownership and operation of lhe project and agrees to indemniff and hold
<br />the Department, the state of Washington, and the United States govemmenf harmless from any and all
<br />causes of ac{ion arising from the ownership and operation of the proiect.
<br />4.21 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 offioe or influence the approval or defeat of any ballot issue.
<br />4.22 pROHtBtTtON AGATNST PAYMENT qF BONUS OR COMMtSStgN
<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 asbistance or any other approval or
<br />concurenoe under this Agreement provided, however, that reasonable fees or bona fide technical
<br />consultant, managerial, or other such services, other lhan actual solicitation, are not hereby prohibited if
<br />othenrise eligible as project costs.
<br />4.23 PUBLICITY
<br />The $ubrecipient agrees to submit to the Department prior lo issuance all adverlising and pubticity
<br />matters relating to this Agreement wherein the Department's name is mentioned, or language useO 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 lhe
<br />prior written consent of the Department. The Subrecipient may copyright orilinalw6rk it develops in the
<br />course of or under this Agreement; however, pursuant to 2 CFR part 2bO.gt5, FEMA reserves a royaltp
<br />free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to auilioriie
<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 ftnancial support, by the Assislance Listings Number (formerly CFDA Number), and a -statement
<br />that the publication does not constitute an endorsement by FEMA or ieflect FEMA's views.
<br />4.24 RECAPTURE PBOytStoN
<br />ln the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
<br />federal, state, 1nd local laws, regulations, and/or the provisions of the Agreement, the Defbrtment
<br />reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. S-uch right
<br />DHS-FEMA-EMPG-FY22 Page 17 of 39 Kitrlas County, E23-184
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