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the Department and its employees and agents from all liability, damages and costs of any nature,
<br /> including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
<br /> result of the failure of the Subrecipient to so comply.
<br /> A.20 OWNERSHIP 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 liabilities and
<br /> responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
<br /> the Department, the state of Washington, and the United States government harmless from any and all
<br /> causes of action arising from the ownership and operation of the project.
<br /> A.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 office or influence the approval or defeat of any ballot issue.
<br /> A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
<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 /> 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 /> DHS-FEMA-EMPG-FY20 Page 16 of 36 City of Everett OEM, E21-161
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