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EXHIBIT 1
<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 /> 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
<br /> seventy-four (74) days of invention, development or assembly. The CITY, State of California, and
<br /> U.S. Department of Labor will have the right to patent any invention and copyright any written product
<br /> or 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 /> rights in 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 § 97.34.
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