Resolution VSP ILA 2021-2023 6.15.21

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____________________________________________________________________ VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY - Page 7 of 17 COUNTY shall not be eliminated or reduced by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officials. The DISTRICT waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees. The COUNTY shall be responsible for any liability arising from its own actions. However, any liability by the COUNTY shall not mitigate the DISTRICT’s duty to indemnify the COUNTY for all claims arising out of its performance of the contract. INELIGIBILITY The DISTRICT certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or state agency. INDEPENDENT RELATIONSHIP The DISTRICT or DISTRICT’s Agent(s) performing under this contract are not employees or agents of the COUNTY. The DISTRICT shall not hold themselves out as nor claim to be an officer or employee of the COUNTY or of the State of Washington by reason hereof, nor will the DISTRICT 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 DISTRICT. KICKBACKS The DISTRICT 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 DISTRICT or DISTRICT’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 DISTRICT may copyright or patent the same but shall grant the COUNTY 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 DISTRICT as provided in 35 U.S.C. §§ 200–212. Publications. When the DISTRICT, DISTRICT’s Agent(s), or persons employed by the DISTRICT 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 The COMMISSION’S Property and Records Management Policy, contained in the Commission’s Grants and Contracts Manual, hereby incorporated by reference, and any updates thereto, shall control the use and disposition of all real and personal property purchases wholly or in part with funds furnished by the COMMISSION in the absence of