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IV. CONTRACTING FOR SERVICES <br />Contracts for personal services, purchased services/goods, and public works shall be <br />awarded through a competitive process in compliance with State law, policies, and orders, <br />and the Commission Grant and Contract Procedure Manual. 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 <br />herein. <br />V. INDEMNIFICATION <br />The COMMISSION shall in no way be held responsible for payment of salaries, consultant <br />fees, and other costs related to the project described herein, except as provided in the scope <br />of work through the reimbursement procedures described in this agreement. <br />To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold <br />harmless the State of Washington, agencies of the State and all officials, agents and <br />employees of the State, from and against all claims arising out of or resulting from the <br />performance of the contract. The COUNTY'S obligation to indemnify, defend, and hold <br />harmless includes any claim by the COUNTY'S agents, employees, representatives, or any <br />subcontractor or a subcontractors employees. <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 <br />or any subcontractor's performance or failure to perform the contract. The COUNTY's <br />obligation to indemnify, defend, and hold harmless the State of Washington and the <br />COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent <br />negligence of the State or its agents, agencies, employees and officials. <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 />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 />VI. RECOVERY OF PAYMENTS <br />In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated <br />to the States 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 <br />that 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 />VSP 2023-25 Biennium Contract Between the WSCC and County - Page 11 of 21 <br />