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8. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR <br />for the purpose of apprising businesses, participants, or the general public of its programs under this <br />Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana <br />Workforce Investment Board, and shall state that the program is an "equal opportunity <br />employer /program" and that "auxiliary aids and services are available upon request to individuals with <br />disabilities." <br />9. CONTRACTOR certifies that all property, finished or unfinished <br />documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of <br />in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the <br />CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this <br />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 />CONTRACTOR 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 />10. CONTRACTOR certifies that this Agreement does not provide <br />for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help <br />to 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 />11. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The <br />CONTRACTOR will disclose to the CITY any invention, written product, 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 CONTRACTOR. Upon written request, CONTRACTOR will <br />transfer all pertinent information, specifications and right, title and interest to the designated agency. <br />12. INVENTIONS, PATENTS AND COPYRIGHTS. <br />A. Reporting Procedure. If any project produces patentable items,patent rights, processes, or <br />inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the <br />CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report <br />the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the <br />DOL and its representative on these matters, the DOL shall determine whether to seek protection on <br />the invention or discovery. The DOL and its representative shall determine how the rights <br />in the invention or discovery, including rights under any patent issued thereon, will be allocated and <br />administered in order to protect the public interest consistent with the "Governmental Patent Policy" <br />(President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, <br />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 -able <br />material is developed in the course of or under a DOL Grant or agreement, the author and the CITY <br />which developed the work is free to copyright material or to permit others to do so. The <br />CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive <br />Page 7 of 15 <br />