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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 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 /> 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, 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 /> 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 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK 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 /> Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
<br /> state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
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