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15 <br /> r <br /> C. Archaeological and Cultural Resources.The RCO facilitates the review of applicable projects for potential impacts to <br /> archaeological sites and state cultural resources.The sponsor must assist RCO in compliance with Executive Order 05-05 or the <br /> National Historic Preservation Act before initiating ground-disturbing activity.The funding board requires documented compliance <br /> with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project.If a <br /> federal agency declines to consult,the sponsor shall comply with the requirements of Executive Order 05-05.In the event that <br /> archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate <br /> vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes' <br /> cultural staff and cultural committees,RCO,and the State Department of Archaeology and Historic Preservation.If human <br /> remains are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the <br /> area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee,RCO,State <br /> Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW <br /> 68.50. <br /> 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 orAgreement.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 funding board 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 and 420-04.Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any <br /> information in regards to expenditure of any funding received from the SRFB.By submitting any record to the state sponsor <br /> understands that the State may be requested to disclose or copy that record under the state public records law,currently codified <br /> at RCW 42.56.The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and <br /> copy such document to respond to a request under state public records laws.The sponsor hereby agrees to release the State <br /> from any claims arising out of allowing such review or copying pursuant to a public records act request,and to indemnify against <br /> any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. <br /> SECTION 10. PROJECT FUNDING <br /> A. Authority.This agreement is funded through a grant award from the recreation and conservation funding board per WAC <br /> 286-13-050 and/or the salmon recovery funding board per WAC 420-04-050.The director of RCO enters into this agreement per <br /> delegated authority in RCW 79A.25.020 and 77.85.120. <br /> B. Additional Amounts.The funding board 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 funding board or director and incorporated by <br /> written amendment into this Agreement. <br /> C. 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 funding board policy,such as a waiver of retroactivity or <br /> program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an <br /> 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 /> D. Requirements for Federal Subawards.Pre-agreements costs before the federal award date in Section F:Project Funding are <br /> ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)). <br /> RCO 14-1274D Page 9 of 28 <br /> 70 <br />