Resolution_City of Roslyn_PF Funding Award Agmt

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two forms: consultant contracting or contractor award. Presuming the COG recommends a design only phase of a proposed Public Facility grant, obligation requirements are met on the date of grantee signature on consultant design contract(s). COG recommended construction awards will complete obligation requirements on the date of grantee signature on construction contracts. Failure in obligating grant awards within the prescribed timeframe results in the grant award being remanded back to COG for recommended re -purposing by the Board of County Commissioners. i. The grantee is obligated to follow Public Facility Fund COG policies in effect at the time of grant award as reflected in the Resolution signature date authorizing recipient contracting. COG policies may be obtained from the Department of Public Works (509) 962-7523. Section 4. Release. Indemnity, and Hold Harmless. The County assumes no liability for the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: • Any fault, negligence, strict liability, or product liability of Funding Recipient in connection with the Services for this Agreement. • Any lien asserted upon any property of the County in connection with the Services for this Agreement. • Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or • Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 4