|
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 religion,
<br />national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
<br />any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
<br />following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
<br />training, including apprenticeships and volunteers.
<br />A.18 NOTICES
<br />The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
<br />state and federal laws and regulations and shall maintain a record of this compliance.
<br />A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
<br />(OSHA/WISHA)
<br />The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
<br />and state safety and health regulations that are in effect during the Subrecipient's performance under this
<br />Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
<br />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 defend, indemnify,
<br />and hold the Department, the state of Washington, and the United States government harmless from any
<br />and all 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 />DHS-FEMA-SLCGP-FY23
<br />Page 17 of 39 Everett, E24-268
<br />
|