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D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized
<br />executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit,
<br />pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before
<br />the U.S. Congress or any state legislature.
<br />No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for
<br />such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any
<br />state legislature.
<br />E. Debarment and Certification. By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any
<br />other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
<br />excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter
<br />into any arrangements or contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on
<br />Public Works Projects" list.
<br />SECTION 9. RECORDS
<br />A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and
<br />performance of the services described herein, including but not limited to accounting procedures and practices, which sufficiently
<br />and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement Sponsor shall
<br />retain such records for a period of six years from the date RCO deems the project complete, as defined in Section 11: Project
<br />Reimbursements. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be
<br />retained until all litigation, claims, or audit findings involving the records have been resolved.
<br />B. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under
<br />the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO,
<br />the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access
<br />to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and
<br />recommendations of the sponsor's reports, including computer models and methodology for those models.
<br />C. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records
<br />sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records
<br />requests per WAC 286-06. By submitting any record to the state, sponsor understands that the State may be requested to
<br />disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it
<br />possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request
<br />under state public records laws. The sponsor hereby agrees to release the State from any claims arising out of allowing such
<br />review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review
<br />or copying and pay the reasonable cost of state's defense of such claims.
<br />SECTION 10. PROJECT FUNDING AND COSTS
<br />A. Additional Amounts. The RCO shall not be obligated to pay any amount beyond the dollar amount as identified in this
<br />Agreement, unless an additional amount has been approved in advance by the director and incorporated by written amendment
<br />into this Agreement.
<br />B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible
<br />for grant funds, in whole or in part, unless specifically provided for by RCO policy or the director, such as a waiver of retroactivity
<br />or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and
<br />an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such
<br />expenditure from reimbursement.
<br />C- Requirements for Federal Subawards. Pre -agreements costs before the federal award date in Section F: Project Funding
<br />Amount are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)).
<br />D- After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be
<br />eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO may have under this Agreement, the
<br />grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation.
<br />RCO 16-1860C
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