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<br />VSP 2021-23 Biennium Contract Between the WSCC and County - Page 10 of 19 <br />IV. CONTRACTING FOR SERVICES <br />Contracts for personal services, purchased services/goods, and public works shall be <br />awarded through a competitive process, if required by State law. The COUNTY shall retain <br />copies of all bids received and contracts awarded, for inspection and use by the <br />COMMISSION. Retention of copies shall be consistent with time periods established herein. <br /> <br />V. INDEMNIFICATION <br />The COMMISSION shall in no way be held responsible for payment of salaries, consultant fees, <br />and other costs related to the project described herein, except as provided in the scope of <br />work through the reimbursement procedures described in this agreement. <br /> <br />To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold harmless <br />the State of Washington, agencies of the State and all officials, agents and employees of the <br />State, from and against all claims arising out of or resulting from the performance of the <br />contract. The COUNTY’S obligation to indemnify, defend, and hold harmless includes any claim <br />by the COUNTY’S agents, employees, representatives, or any subcontractor or a <br />subcontractor's employees. <br /> <br />The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of <br />Washington and the COMMISSION for any claim arising out of or incident to the COUNTY’s or <br />any subcontractor's performance or failure to perform the contract. The COUNTY’s obligation <br />to indemnify, defend, and hold harmless the State of Washington and the COMMISSION shall <br />not be eliminated or reduced by any actual or alleged concurrent negligence of the State or <br />its agents, agencies, employees and officials. <br /> <br />The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is <br />required to indemnify, defend and hold harmless State and its agencies, officials, agents or <br />employees. <br /> <br />The COMMISSION shall be responsible for any liability arising from its own actions. However, <br />any liability by the COMMISSION shall not mitigate the COUNTY’s duty to indemnify the <br />COMMISSION for all claims arising out of its performance of the contract. <br /> <br />VI. RECOVERY OF PAYMENTS <br />In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated <br />to the State’s failure to fully fund the stewardship process, to perform obligations required of <br />it by this contract, the COUNTY may be required to repay to the COMMISSION any funds that <br />were spent by the county without exercising reasonable diligence or a portion of funds <br />disbursed to the COUNTY for those parts of the project that are rendered worthless by such <br />failure to exercise reasonable diligence. <br /> <br />In the event that the COUNTY fails to expend funds under this contract in accordance with <br />state laws and/or the provisions of this contract, the COMMISSION reserves the right to