2014/07/16 Council Agenda Packet

7 A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The County makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the Subgrantee. The Subgrantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the County, the Department and the state of Washington and the United States government harmless from anyand all causes of action arising from the ownership and operation of the project. A.20 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 PUBLICITY The Subgrantee agrees to submit to the County prior to issuance all advertising and publicity matters relating to this Grant Agreement wherein the County's name is mentioned or language used from which the connection of the County's name may, in the County's judgment, be inferred or implied. The Subgrantee agrees not to publish or use such advertising and publicity matters without the prior written consent of the County. The Subgrantee may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.23 RECAPTURE PROVISION In the event the Subgrantee fails to expend funds under this Grant Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Grant Agreement, the County reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the Subgrantee of funds under this recapture provision shall occur within 30 days of demand. In the event the County is required to institute legal proceedings to enforce the recapture provision, the County shall be entitled to its costs thereof, including attorney fees. A.24 RECORDS a. The Subgrantee agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subgrantee's contracts, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement (the "records"). b. The Subgrantee's records related to this Grant Agreement and the projects funded may be inspected and audited by the County, the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subgrantee SHSP-FFY 12 Page 15 of 25 E13-152 — Everett -DEM 54