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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 />n umbers, 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 />u sed 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. The SUBRECIPIENT may copyright
<br />o riginal work it develops in the course of or under this Agreement however, pursuant to 2 CFR Part
<br />200.315, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or
<br />otherwise use, and to authorize others to use the work for government 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 />o r referring to, the project.
<br />Publication resulting from work performed under this Agreement shall include an acknowledgement of
<br />the DEPARTMENT and FEMA s financial support, by CFDA number, and a statement that the publication
<br />does not 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, regulations, and/or the provisions of the Agreement, the
<br />DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
<br />n oncompliance. Such right of recapture shall exist for the life of the project following Agreement
<br />termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur within
<br />30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce
<br />the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including
<br />attorney fees.
<br />A.29 RECORDS AND REPORTS
<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 charges,
<br />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 state
<br />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 grant
<br />under this Agreement. Despite the minimum federal retention requirement of three (3) years, the
<br />more stringent State requirement of six (6) year must be followed.
<br />Mitigation Project Grant Agreement REV 8/8/23
<br />Page 19 of 30 City of Everett, D25-042-Revised
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