Snohomish County PUD 10/29/2021 - Laserfiche WebLink

DocuSign Envelope ID:2A1A1 B97-7E12-4D08-A7FA-F9FBEB801815 in connection with this contract, shall be exclusively owned by and be the exclusive property of contractor and/or its subcontractors (as determined between contractor and its subcontractors). Notwithstanding the foregoing, Commerce shall have a nonexclusive, royalty-free, irrevocable license and right to translate, reproduce, sublicense on the terms set forth herein, prepare derivative works, publicly perform, and publicly display the project reports (as defined below). "Project reports"mean the project implementation reports and other information required to be submitted by contractor to Commerce under the scope of work herein. Project reports will not contain confidential information or work product. 4. PUBLICITY (REPLACES GENERAL TERMS AND CONDITIONS SECTION #2.30) The Grantee will make reasonable efforts to notify Commerce of potential publicity, including but not limited to media coverage, site signage, and public events. The Grantee agrees to include references to Commerce or the Electrification of Transportation Grants Program as requested and approved by Commerce. The Grantee agrees to include Commerce or the Electrification of Transportation Grants program as a project funder. The Grantee agrees to notify and invite Commerce to any public events relating to this project, including but not limited to ground breaking ceremonies, ribbon cuttings, and public tours. Grantee will allow Commerce to publicly share information on the project that is included in the application and contract. All other information shared will be coordinated with the Grantee, unless related to PUBLIC RECORDS ACT. Unless addressed above, the Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 5. RIGHT OF INSPECTION (REPLACES GENERAL TERMS AND CONDITIONS#2.34) At no additional cost all records relating to the Grantee's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Grantee shall provide access to its facilities for this purpose. At no additional cost the capital asset(s) shall be subject to inspection by Commerce for the duration of the Time of Performance and the five (5) year minimum useful life. 6. SUBCONTRACTING (REPLACES GENERAL TERMS AND CONDITIONS#2.37) The Grantee may only subcontract work contemplated under this Contract if it provides written notification to COMMERCE of any subcontractors who will be performing work under this Grant Agreement. The written notice must provide the names and address of the subcontractor with a brief description of which tasks within the Grantee Scope of Work (Attachment A)that will be undertaken by the subcontractor(s). The Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Grantee from subcontracting with a particular person or entity; or(c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 7. TREATMENT OF ASSETS (REPLACES GENERAL TERMS SECTION #2.43) The parties do not anticipate that COMMERCE will furnish property (other than the funds granted herein)to Grantee for use in Grantee's performance under this Contract; provided, however, that title to any other property that may be so furnished by COMMERCE shall remain in COMMERCE. COMMERCE claims no ownership for the materials, goods, or services purchased by the Grantee for the completion of this Contract, regardless of reimbursement status under this contract. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. Contract#«Contract_Number» 4 Electrification of Transportation Systems