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<br /> The SUBRECIPIENT sk assume all liabilities arising from the ( iership and operation of the project
<br /> and agrees to hold the DtPARTMENT and the State of Washington and the United States government
<br /> harmless from any and all causes of action arising from the ownership and operation of the project.
<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
<br /> 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,
<br /> divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information
<br /> without the express written consent of the DEPARTMENT or as provided by law or court order.
<br /> SUBRECIPIENT agrees to implement physical, electronic and managerial safeguards to prevent
<br /> unauthorized access to 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
<br /> placing 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
<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.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
<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.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
<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 /> CFR 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 /> 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 /> the DEPARTMENT and FEMA's financial support, by CFDA number, and a statement that the
<br /> publication 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 /> Public Assistance Grant Agreement Page 15 of 21 City of Everett, D16-640
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