WA ST Recreation and Conservation Office 10/15/2021

waiver of retroactivity or program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. After the Period of Performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply.Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance.The primary Sponsor may request reimbursement only after(1)this Agreement has been fully executed and(2)the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor,or for a donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones.Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld. 2) On-site signs are in place(if applicable);Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete,and 3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,fails to meet its percentage of the project total,and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO,the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right,in the event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or,in RCO's discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. RCO:20-1579 Revision Date:6/1/2021 Page 15 of 21