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scope of the program or activity, and the size and concentration of the population that needs services or <br />information in a language other than English. <br />11. 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 />12. CONTRACTOR 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 />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 />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 CONTRACTOR 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 />CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty-free, nonexclusive <br />and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted <br />material. <br />Page 8 of 16