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d. The County and the Funding Recipient agree that in fulfilling the terms and <br /> conditions of this Agreement neither shall discriminate on the basis of race, creed, <br /> color, national origin, age, sex, marital status, or the presence of a physical, sensory, <br /> or mental handicap. <br /> e. The Services shall at all times be subject to inspection by and approval of the <br /> 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 /> f. 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 /> h. The Funding Recipient shall obligate funding towards construction of the project no <br /> later than six months from the time of grant execution (providing the Funding <br /> Recipient has not submitted the project as being "banked"—COG Policy 2018-05). <br /> Obligation is expected to take two forms: consultant contracting or contractor award. <br /> Presuming the COG recommends a design only phase of a proposed Public Facility <br /> grant, obligation requirements are met on the date of Funding Recipient signature on <br /> consultant design contract(s). COG recommended construction awards will <br /> complete obligation requirements on the date of Funding Recipient signature on <br /> construction contracts. Failure in obligating grant awards within the prescribed <br /> timeframe results in the grant award being remanded back to COG for recommended <br /> re-purposing by the Board of County Commissioners. <br /> i. The Funding Recipient is obligated to follow Public Facility Fund COG policies in <br /> effect at the time of grant award as reflected in the Resolution signature date <br /> authorizing recipient contracting. COG policies may be obtained from the <br /> Department of Public Works (509) 962-7523. <br /> Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement <br /> 3 <br />