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DocuSign Envelope ID:2A1A1 B97-7E12-4D08-A7FA-F9FBEB801815
<br /> Contract activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring
<br /> that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.
<br /> Local Government Contractors that participate in a self-Insurance program.
<br /> Self-Insured/Liability Pool or Self-Insured Risk Management Program — With prior approval from Commerce, the
<br /> contractor may provide the coverage above under a self-insured/liability pool or self-insured risk management
<br /> program. In order to obtain permission from Commerce, the contractor shall provide: (1) a description of its self-
<br /> insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All
<br /> self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally
<br /> Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
<br /> Accounting Standards Board(GASB), 2) Financial Accounting Standards Board(FASB), and 3)the Washington State
<br /> Auditor's annual instructions for financial reporting. Contractors participating in joint risk pools shall maintain sufficient
<br /> documentation to support the aggregate claim liability information reported on the balance sheet. The state of
<br /> Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability
<br /> pool, if the pool is prohibited from naming third parties as additional insured.
<br /> Contractor shall provide annually to Commerce a summary of coverages and a letter of self-insurance, evidencing
<br /> continued coverage under contractor's self-insured/liability pool or self-insured risk management program. Such
<br /> annual summary of coverage and letter of self-insurance will be provided on the anniversary of the start date of this
<br /> agreement.
<br /> 2. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION (REPLACES GENERAL TERMS AND CONDITIONS
<br /> SECTION #2.10)
<br /> A. "Confidential information" as used in this section includes:
<br /> 1. All material provided to the contractor by Commerce that is designated as"confidential" by Commerce;
<br /> 2. All material produced by the contractor or any of its subcontractors that is Work Product performed under
<br /> this contract or that is designated as "confidential" by contractor; and
<br /> 3. All personal information in the possession of the contractor that may not be disclosed under state or
<br /> federal law.
<br /> "Personal information" includes but is not limited to information related to a person's name, health,
<br /> finances, education, business, use of government services, addresses, telephone numbers, social
<br /> security number, driver's license number and other identifying numbers, and "Protected Health
<br /> Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
<br /> B. The parties shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of
<br /> confidential information. The parties shall use confidential information solely for the purposes of this Contract and
<br /> shall not use, share, transfer, sell or disclose any confidential information to any third party except (1) with the
<br /> prior written consent of the party claiming confidentiality or(2)as may be required by law, except that confidential
<br /> information may be disclosed to subcontractors and other agents of the contractor on a need-to-know basis. The
<br /> parties shall take all necessary steps to assure that confidential information is safeguarded to prevent
<br /> unauthorized use, sharing, transfer, sale or disclosure of confidential information or violation of any state or
<br /> federal laws related thereto. Upon request, the contractor shall provide Commerce with its policies and
<br /> procedures on confidentiality. Commerce may require changes to such policies and procedures as they apply to
<br /> this Contract whenever Commerce reasonably determines that changes are necessary to prevent unauthorized
<br /> disclosures. The contractor shall make the changes within the time period specified by Commerce. Upon
<br /> request, the contractor shall immediately return to Commerce any confidential information that Commerce
<br /> reasonably determines has not been adequately protected by the contractor against unauthorized disclosure.
<br /> C. Unauthorized Use or Disclosure. Each party shall notify the other party within five (5) working days of any
<br /> unauthorized use or disclosure of any confidential information of the other party, and shall take necessary steps
<br /> to mitigate the harmful effects of such use or disclosure. For the purposes of this provision, disclosures required
<br /> by law shall not be deemed to be unauthorized disclosures.
<br /> 3. COPYRIGHT (REPLACES GENERAL TERMS AND CONDITIONS SECTION #2.13)
<br /> Provided that the deliverables required under the scope of work are produced in substantial compliance with the
<br /> project timeline and milestones, Commerce disclaims any ownership interest in all other materials produced under
<br /> this contract, and "work product" including, without limitation, document, data, studies, surveys, drawings, maps,
<br /> photographs and any objects or source code for any software developed pursuant to or in connection with this
<br /> contract, as well as any copyrights, patents, trade secrets, trademarks or other intellectual property developed for or
<br /> Contract#«Contract Number» 3 Electrification of Transportation Systems
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