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<br />Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
<br />Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy
<br />Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and
<br />Handicapped Persons (RCW 70.92), and safety and health regulations.
<br />In the event of the Subgrantee's or its contractor's noncompliance or refusal to comply
<br />with any applicable law, regulation, executive order, OMB Circular or policy, the County
<br />may rescind, cancel, or terminate the Grant Agreement in whole or in part in its sole
<br />discretion. The Subgrantee is responsible for all costs or liability arising from its failure
<br />to comply with applicable law, regulation, executive order, OMB Circular or policy.
<br />A.10 DISCLOSURE
<br />The use or disclosure by any party of any information concerning the County for any
<br />purpose not directly connected with the administration of the County's or the
<br />Subgrantee's responsibilities with respect to services provided under this Grant
<br />Agreement is prohibited except by prior written consent of the County. However, the
<br />parties acknowledge that the County, the Department and state and local agencies as
<br />defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act.
<br />A.11 DISPUTES
<br />The County and Subgrantee shall make every effort to resolve disputes arising out of or
<br />relating to this Grant Agreement through discussion and negotiation. Should discussion
<br />and negotiation fail to resolve a dispute arising under this Grant Agreement, the parties
<br />shall select a dispute resolution team to resolve the dispute. The team shall consist of a
<br />representative appointed by each party and a third representative mutually agreed upon
<br />by both parties. The team shall attempt, by majority vote, to resolve the dispute.
<br />Both parties agree that this dispute resolution process shall precede any action in a
<br />judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
<br />mutually agreeing to a different dispute resolution method in lieu of the procedure
<br />outlined above.
<br />A.12 LEGAL RELATIONS
<br />It is understood and agreed that this Grant Agreement is solely for the benefit of the
<br />parties to the Grant Agreement and gives no right to any other party. No joint venture or
<br />partnership is formed as a result of this Grant Agreement.
<br />To the extent allowed by law, the Subgrantee, its successors or assigns, will protect,
<br />save and hold harmless the County, the Department, the State of Washington, and the
<br />United States Government and their authorized agents and employees, from all claims,
<br />actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
<br />omissions of the -Subgrantee, its sub -contractors, assigns, agents, contractors,
<br />consultants, licensees, invitees, employees or any person whomsoever arising out of or
<br />in connection with any acts or activities authorized by this Grant Agreement.
<br />To the extent allowed by law, the Subgrantee further agrees to defend the County, the
<br />Department and the State of Washington and their authorized agents and employees in
<br />any litigation; including payment of any costs or attorneys' fees for any claims or action
<br />commenced thereon arising out of or in connection with acts or activities authorized by
<br />this Grant Agreement.
<br />This obligation shall not include such claims, costs, damages or expenses which may be
<br />caused by the sole negligence of the County; provided, that if the claims or damages are
<br />caused by or result from the concurrent negligence of (1) the County or Department, and
<br />(2) the Subgrantee, its agents, or employees, this indemnity provision shall be valid and
<br />enforceable only to the extent of the negligence of the Subgrantee, or Subgrantee's
<br />agents or employees.
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