|
Agreement, will be limited to use within the activities outlined in this agreement and will remain the
<br />property of the United States Government and/or CITY. Upon termination of this Agreement,
<br />SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them
<br />in accordance with the direction of the CITY.
<br />12. SUBRECIPIENT certifies that this Agreement does not provide for the
<br />advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to
<br />support or sustain any school, college, university, hospital or other institution controlled by any
<br />religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
<br />Constitution of the State of California, regarding separation of church and state.
<br />13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
<br />SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program
<br />developed, or data assembled, as a result of performance of work under this Agreement, within seventy
<br />four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
<br />Department of Labor will have the right to patent any invention and copyright any written product or
<br />computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT
<br />will transfer all pertinent information, specifications and right, title and interest to the designated
<br />agency.
<br />14. INVENTIONS, PATENTS AND COPYRIGHTS.
<br />A. Reporting Procedure. If any project produces patentable items, patent rights,
<br />processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
<br />agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall
<br />report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
<br />and the DOL and its representative on these matters, the DOL shall determine whether to seek
<br />protection on the invention or discovery. The DOL and its representative shall determine how the
<br />rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
<br />and administered in order to protect the public interest consistent with the "Governmental Patent
<br />Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
<br />1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
<br />B. Copyright Policy.
<br />1. Unless otherwise provided in the terms of the grant or agreement, when copyright -
<br />able material is developed in the course of or under a DOL Grant or agreement, the author and the
<br />CITY which developed the work is free to copyright material or to permit others to do so. The
<br />SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free,
<br />nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all
<br />copyrighted material.
<br />2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to
<br />reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
<br />(a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or
<br />subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases
<br />ownership with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29
<br />CFR Part 97.34.
<br />Page 9 of 17
<br />
|