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Mitigation Project Grant Agreement Page 17 of 29 City of Everett, D22-024 Revised
<br />Form 4/17/2020
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<br />A.24 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.25 PRIVACY
<br /> Personal information collected, used or acquired in connection with this agreement shall be used solely
<br />for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release, divulge,
<br />publish, transfer, sell or otherwise make known to unauthorized persons personal information without the
<br />express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT
<br />agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to
<br />personal information.
<br /> The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
<br />collected, used or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing or
<br />investigating may include but is not limited to “salting” by the DEPARTMENT. Salting is the act of placing
<br />a record containing unique but false information in a database that can be used later to identify
<br />inappropriate disclosure of data contained in the database.
<br /> Any breach of this provision may result in termination of the contract and the demand for return of all
<br />personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
<br />for any damages related to the SUBRECIPIENT’s unauthorized use, loss or disclosure of personal
<br />information.
<br /> For purposes of this provision, personal information includes, but is not limited to, information identifiable
<br />to an individual that relates to a natural person’s health, finances, education, business, use or receipt of
<br />governmental services, or other activities, names, addresses, telephone numbers, social security
<br />numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other
<br />identifying numbers.
<br />A.26 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.27 PUBLICITY
<br />The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
<br />publicity matters relating to this Agreement wherein the DEPARTMENT’s name is mentioned or language
<br />used from which the connection of the DEPARTMENT’s name may, in the DEPARTMENT’s judgment,
<br />be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity
<br />matters without the prior written consent of the DEPARTMENT.
<br />The SUBRECIPIENT may copyright original work it develops in the course of or under this Agreement;
<br />however, pursuant to 2 CDR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable
<br />license to reproduce, publish or otherwise use, and to authorize others to use the work for government
<br />purposes.
<br />The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
<br />DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
<br />or referring to, the project.
<br />Publication resulting from work performed under this Agreement shall include an acknowledgement of
<br />FEMA’s financial support, by Assistance Listing number, and a statement that the publication does not
<br />constitute an endorsement by FEMA or reflect FEMA’s views.
<br />A.28 RECAPTURE PROVISION
<br /> In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
<br />applicable federal, state, and local laws 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.
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