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notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act,
<br />Chapter 42 .52 RCW; or any similar statute involving the Grantee in the procurement of, or
<br />performance under this Grant.
<br />Specific restrictions apply to contracting with current or former state employees pursuant to Chapter
<br />42.52 RCW. The Grantee and their subgrantee(s) must identify any person employed in any capacity
<br />by the state of Washington that worked on the Community Development Block Grant program
<br />including but not limited to formulating or drafting the legislation, participating in grant procurement
<br />planning and execution, awarding grants, and monitoring grants, during the past 24 month period
<br />preceding the start date of this Grant. Identify the individual by name , the agency previously or
<br />currently employed by, job title or position held, and separation date . If is determined by
<br />COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further
<br />consideration for the award of a Grant.
<br />In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the
<br />same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the
<br />Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive
<br />and are in addition to any other rights and remedies provided by law. The existence of facts upon
<br />which COMMERCE makes any determination under this clause shall be an issue and may be
<br />reviewed as provided in the "Disputes" clause of this Grant.
<br />14. COPYRIGHT PROVISIONS
<br />Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
<br />hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
<br />be considered the author of such Materials . In the event the Materials are not considered "works for
<br />hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title , and interest
<br />in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
<br />COMMERCE effective from the moment of creation of such Materials .
<br />"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
<br />pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
<br />and/or sound reproductions . "Ownership" includes the right to copyright, patent , register and the
<br />ability to transfer these rights.
<br />For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
<br />produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free,
<br />irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
<br />distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
<br />represents that the Grantee has all rights and permissions, including intellectual property rights, moral
<br />rights and rights of publicity, necessary to grant such a license to COMMERCE.
<br />The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
<br />Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
<br />and of any portion of such document which was not produced in the performance of this Grant. The
<br />Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement
<br />received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall
<br />have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee.
<br />15. DISPUTES
<br />Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
<br />be resolved by direct negotiation, either party may request a dispute hearing with the Director of
<br />COMMERCE, who may designate a neutral person to decide the dispute.
<br />The request for a dispute hearing must:
<br />• be in writing;
<br />• state the disputed issues;
<br />• state the relative positions of the parties;
<br />• state the Grantee's name, address, and Contract number; and
<br />• be mailed to the Director and the other party's (respondent's) Grant Representative within
<br />three (3) working days after the parties agree that they cannot resolve the dispute .
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