2006/01/18 Council Agenda Packet

2. CONTRACT NO.C06-63200-271 D. In the event funding from the state, federal,or other sources is withdrawn,reduced,or limited in any way after the effective date of this CONTRACT and prior to normal completion,the DEPARTMENT may unilaterally reduce the scope of work and budget or terminate this CONTRACT. SECTION 14-GRANTEE NOT EMPLOYEE OF DEPARTMENT The GRANTEE,its employees,or agents performing under this CONTRACT are not deemed to be employees neither of the DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever. The GRANTEE will not hold itself out as or claim to be an officer or employee of the DEPARTMENT or of the State of Washington and will not make any claim,demand,or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington. SECTION 15 -USE OF SUBCONTRACTS The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding procurement,or in absence of local policies,shall use a competitive procurement process. Each CONTRACT that the GRANTEE enters into with subcontractors,creditors and others shall contain a clause providing notice that the state and the DEPARTMENT are not responsible for any legal obligation, financial or otherwise, incurred by the GRANTEE. The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either during or following the selection process. The GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all subcontractor: to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the GRANTEE to ensure fiscal accountability. SECTION 16 -OWNERSHIP OF PROJECT MATERIALS All finished or unfinished documents,data, studies,surveys, drawings,models,photographs,films, duplicating plates, computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U.S. copyright law. The DEPARTMENT may duplicate,use, and disclose in any manner and for any purpose whatsoever, all materials prepared under this CONTRACT. The GRANTEE must have prior approval of the DEPARMENT to produce patents,copyrights,patent rights, inventions, original books,manuals, films,or other patentable or copyrightable materials, in whole or in part with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of discovery shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. Page 5 of 10 252