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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
<br /> identifiable to an individual that relates to a natural person's health, finances, education, business, use
<br /> or receipt of governmental services, or other activities, names, addresses, telephone numbers, social
<br /> security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers
<br /> and other identifying numbers.
<br /> A.25 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
<br /> The assistance provided under this Agreement shall not be used in payment of any bonus or
<br /> commission for the purpose of obtaining approval of the application for such assistance or any other
<br /> approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide
<br /> technical consultant, managerial, or other such services, other than actual solicitation, are not hereby
<br /> prohibited if otherwise eligible as project costs.
<br /> A.26 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
<br /> language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's
<br /> judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising
<br /> and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may
<br /> copyright original work it develops in the course of or under this Agreement; however, pursuant to 2
<br /> CDR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
<br /> publish or otherwise use, and to authorize 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 CFDA number, and a statement that the publication does not constitute an
<br /> endorsement by FEMA or reflect FEMA's views.
<br /> A.27 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
<br /> right of recapture shall exist for the life of the project following Agreement termination. Repayment by
<br /> the SUBRECIPIENT of funds under this recapture provision shall occur within 30 days of demand.
<br /> In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture
<br /> provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including attorney fees
<br /> from the SUBRECIPIENT.
<br /> A.28 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
<br /> SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct
<br /> and indirect 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
<br /> or 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 /> 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
<br /> grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
<br /> the more stringent State requirement of six(6) years must be followed.
<br /> 15PDM Page 171o222' City of Everett Office of Emergency Management, E17-102
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