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County, but the County's making (or failure or delay in making) such inspection or <br />approval shall not relieve Funding Recipient of its responsibility to perform the <br />Services in accord with this Agreement, notwithstanding the County's knowledge of <br />defective or non -complying performance, or the substantiality or ease of discovering <br />the same. Funding Recipient shall provide the County with sufficient, safe, and <br />proper facilities and equipment for such inspection and free access to such facilities. <br />This contract is subject to review by any Federal or State auditor. Funding Recipient <br />shall promptly furnish the County or its designee, or such Federal or State auditor <br />with such Information related to the Services as may be requested by the applicable <br />governmental entity. Funding Recipient shall preserve and maintain all financial <br />records and records relating to performance of Services under this Agreement for six <br />(6) years after contract termination. For such duration after the County makes final <br />payment of compensation due hereunder, Funding Recipient shall provide the <br />County access to (and the County shall have the right to examine, audit and copy, <br />with or without notice) all of Funding Recipient's books, documents, papers and <br />records related to the Services or this Agreement. <br />g. Funding Recipient understands and acknowledges that Funding Recipient is solely <br />responsible for its own reporting and accounting of all state, federal, social security, and <br />local taxes, of every nature, arising from Funding Recipient's performance of this <br />Agreement. All compensation received by the Funding Recipient will be reported to the <br />Internal Revenue Service at the end of the calendar year in accord with the applicable <br />IRS regulations. <br />Section 5. Release. Indemnity, and Hold Harmless. <br />The County assumes no liability for the Funding Recipient's actions under this Agreement. <br />Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its <br />officers and employees, agents, representatives, attorneys and/or volunteers, from and <br />against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, <br />reasonable attorney fees) which arise or may arise or be alleged to arise out of or by <br />reason of this Agreement including: <br />• Any fault, negligence, strict liability or product liability of Funding Recipient in <br />connection with the Services for this Agreement; <br />• Any lien asserted upon any property of the County in connection with the Services <br />for this Agreement; <br />• Any failure of Funding Recipient, or of the Services, to comply with any applicable <br />law, ordinance, rule, regulation, order, license, permit and other requirement, now or <br />hereafter in effect, of any governmental authority; or <br />• Any breach of or default under this Agreement by Funding Recipient. <br />Section 6 Compliance with Public Records Law. <br />a. In compliance with Washington's public records law, the County will retain copies of <br />any documents associated with this Agreement, which may be required by law <br />unless legally exempt from such retention, for any applicable legally required <br />retention period. <br />Distressed County Sales and Use Tax Infrastructure Improvement program Funding Agreement 3 <br />