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two forms: consultant contracting or contractor award. Presuming the COG <br />recommends a design only phase of a proposed Public Facility grant, obligation <br />requirements are met on the date of grantee signature on consultant design <br />contract(s). COG recommended construction awards will complete obligation <br />requirements on the date of grantee signature on construction contracts. Failure in <br />obligating grant awards within the prescribed timeframe results in the grant award <br />being remanded back to COG for recommended re-purposing by the Board of <br />County Commissioners. <br />The grantee is obligated to follow Public Facility Fund COG policies in effect at the <br />time of grant award as reflected in the Resolution signature date authorizing recipient <br />contracting. COG policies may be obtained from the Department of Public Works <br />(509) 962-7523. <br />Section 4. Release. lndemnitv. 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 5. Compliance with Public Records Law. <br />a. ln 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 />b. ln the event a public records request is made to the County for documents created in <br />relation to this Agreement, should legal uncertainty arise regarding the disclosability <br />of any documents under federal or state public records laws, the County shall <br />provide notice to Funding Recipient pursuant to Washington's public records act, <br />chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. <br />a <br />a <br />Distressed County Sales and Use Tox lnfrastructure Improvement Program Funding Agre"TEAr" <br />A