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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,
<br />or 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 WIB shall have aroyalty-free, nonexclusive and irrevocable license to
<br />reproduce, publish, use and to authorize others to use all copyrighted material.
<br />2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce,
<br />publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The
<br />copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b)
<br />Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with
<br />grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34.
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