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COUNTY shall not be eliminated or reduced by any actualor alleged concunent negligence <br />of the State or its agents, agencies, employees and officials. <br />The DISTRICT waives its immunity under Title 51 RCW (lndustrial lnsurance) to the extent it <br />is required to indemnifu, defend and hold harmless State and its agencies, officials, agents or <br />employees. <br />The COUNTY shall be responsible for any liability arising from its own actions. However, any <br />liability by the COUNTY shall not mitigate the DISTRICT's duty to indemnifiT the COUNTY for <br />all claims arising out of its performance of the contract. <br />INELIGIBILITY <br />The DISTRICT certifies that neither it nor its principals are presently debarred, declared <br />ineligible, or voluntarily excluded from participation in transactions by any federal department <br />or state agency. <br />I N D EP EN DENT R ELATIO N S H I P <br />The DISTRICT or DISTRICT's Agent(s) performing under this contract are not employees or <br />agents of the COUNTY. The DISTRICT shall not hold themselves out as nor claim to be an <br />officer or employee of the COUNTY or of the State of Washington by reason hereof, nor will <br />the DISTRICT make any claim of right, privilege or benefit which would accrue to such <br />employee under law. Conduct and control of the work outlined in the scope of work shall be <br />solely with the DISTRICT. <br />KICKBACKS <br />The DISTRICT and its employees and authorized representatives are prohibited from <br />inducing by any means any person employed or othenruise involved in this project to give up <br />any part of the compensation to which he/she is otherwise entitled or, receive any fee, <br />commission or gift in return for award of a subcontract hereunder. <br />INTELLECTUAL PROPERTY <br />copyrights and Patents. should the DlsrRlcr or DlsrRlcTs Agent(s) create any <br />copyrightable materials or invent any patentable property in the course of the scope of work <br />governed by this agreement, the DISTRICT may copyright or patent the same but shall grant <br />the COUNTY a royalty-free, nonexclusive and irrevocable license to reproduce, publish, <br />recover or othenrvise use the material(s) or property and to authorize others to use the same <br />for federal, state or local government purposes. Where federal funding is involved, the <br />federalgovernment may have a proprietary interest in patent rights to any inventions <br />developed by the DISTRICT as provided in 35 U.S.C. SS 200-212. <br />Publications. when the DlsrRlcr, DlsrRlcTs Agent(s), or persons employed by the <br />DISTRICT use or publish information of the COMMISSION; present papers, lectures, or <br />seminars involving information supplied by the COMMISSION; use logos, reports, maps or <br />otherdata, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be <br />given to the COMMISSION. <br />PROPERTY MANAGEMENT <br />The coMMlssloN's Property and Records Management Policy, contained in the <br />Commission's Grants and Contracts Manual, hereby incorporated by reference, and any <br />updates thereto, shall control the use and disposition of all real and personal property <br />purchases wholly or in part with funds furnished by the COMMISSION in the absence of <br />VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page7 ol 17