Conservation Commission contract for VSP Funding

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recapture state funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such rights of recapture shall exist for a period not to exceed six years following contract termination. Repayment by the COUNTY of funds under this recapture provision shall occur within 30 days of demand. In the event that the COMMISSION is required to institute legal proceedings to enforce the recapture provision, the COMMISSION shall be entitled to its costs thereof, including attorneys' fees. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the COMMISSION demands repayment of funds. Any property acquired under this contract, at the option of the COMMISSION, may become the COMMISSION'S property and the COUNTY'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. INELIGIBILITY - If federal funds are the basis for this contract, the COUNTY certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. INDEPENDENT RELATIONSHIP The COUNTY or County's Agent(s) performing under this contract are not employees or agents of the COMMISSION. The COUNTY shall not hold themselves out as nor claim to be an officer or employee of the COMMISSION or of the State of Washington by reason hereof, nor will the COUNTY make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work outlined in the scope of work shall be solely with the COUNTY. KICKBACKS - The COUNTY and its employees and authorized representatives are prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. INTELLECTUAL PROPERTY Copyrights and Patents. Should the COUNTY or County's Agent(s) create any copyrightable materials or invent any patentable property in the course of the scope of work governed by this Agreement, the COUNTY may copyright or patent the same but shall grant the COMMISSION a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions developed by the COUNTY as provided in 35 U.S.C. 200-212. Publications. When the COUNTY, County's Agent(s), or persons employed by the COUNTY use or publish information of the COMMISSION; present papers, lectures, or seminars involving information supplied by the COMMISSION; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the COMMISSION. PROPERTY MANAGEMENT VSP Contract Between the WSCC and County - Page 9 of 10