Kittitas County VSP Contract K2013_

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VSP 2019-21 Biennium Contract Between the WSCC and County - Page 10 of 20 IV. CONTRACTING FOR SERVICES Contracts for personal services, purchased services/goods, and public works shall be awarded through a competitive process, if required by State law. The COUNTY shall retain copies of all bids received and contracts awarded, for inspection and use by the COMMISSION. Retention of copies shall be consistent with time periods established herein. V. INDEMNIFICATION The COMMISSION shall in no way be held responsible for payment of salaries, consultant fees, and other costs related to the project described herein, except as provided in the scope of work through the reimbursement procedures described in this agreement. To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold harmless the State of Washington, agencies of the State and all officials, agents and employees of the State, from and against all claims arising out of or resulting from the performance of the contract. The COUNTY’S obligation to indemnify, defend, and hold harmless includes any claim by the COUNTY’S agents, employees, representatives, or any subcontractor or a subcontractor's employees. The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of Washington and the COMMISSION for any claim arising out of or incident to the COUNTY’s or any subcontractor's performance or failure to perform the contract. The COUNTY’s obligation to indemnify, defend, and hold harmless the State of Washington and the COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officials. The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees. The COMMISSION shall be responsible for any liability arising from its own actions. However, any liability by the COMMISSION shall not mitigate the COUNTY’s duty to indemnify the COMMISSION for all claims arising out of its performance of the contract. VI. RECOVERY OF PAYMENTS In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated to the State’s failure to fully fund the stewardship process, to perform obligations required of it by this contract, the COUNTY may, at the COMMISSION’S sole discretion, be required to repay to the COMMISSION any funds that were spent by the county without exercising reasonable diligence or a portion of funds disbursed to the COUNTY for those parts of the project that are rendered worthless in the opinion of the COMMISSION by such failure to exercise reasonable diligence.