Agmt16 RWC 2020 First 5 San Mateo County (Socios for Success)

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AGREEMENT BETWEEN FIRST 5 SAN MATEO COUNTY, REDWOOD CITY 2020 AND THE CITY OF REDWOOD CITY (SOCIOS FOR SUCCESS) EXHIBIT D INTELLECTUAL PROPERTY PROTOCOL The protocol provided below addresses how and when a person must obtain permission to disseminate data, findings or products emerging from First 5 San Mateo County ("F5SMC" or the "Commission")-funded projects or their evaluations. 1 . Categories of Materials The following tiers represent the general types or categories of dissemination and F5SMC's policy for each category. Tier 1 acknowledges that cleaned and reviewed data, and summaries of cleaned/reviewed data are commonly shared among individuals and/or organizations (collectively "Persons"). F5SMC encourages this practice and does not expect any advance notice, pre-approval or involvement. Tier 2 recognizes that data sets are commonly analyzed and findings are broadly shared through publication, teaching and other methods of dissemination . These activities can be viewed as beneficial to the community and therefore F5SMC generally encourages them . However, prior to any publication of F5SMC-funded and produced Materials, such Materials shall be submitted to the F5SMC for prior approval for input and to ensure inclusion of appropriate F5SMC acknowledgment. Failure to obtain approval prior to dissemination is a violation of this protocol. Tier 3 acknowledges that in some instances, Persons will develop analyses, Materials or products for distribution and/or sale (e.g. software programs, CD-ROMs, brochures, manuals, curricula and books). Persons need to acknowledge that in such instances, F5SMC owns the rights to such analyses, Materials or products. Consequently, no Person shall sell or otherwise appropriate, any analyses, Materials or products which are made possible, in whole or in part, by F5SMC funded support, without the express prior approval of the F5SMC. When presented with a request by a Person for prior approval, F5SMC shall decide whether, and to what extent, such analyses, Materials or products may be appropriated or sold, the determination of which shall include consideration of such issues such as profit sharing, on a case by case basis. Failure to obtain approval prior to dissemination is a violation of this protocol. The decision whether to grant approval is the Commission's alone and is not subject to a requirement of good cause. 2. Definitions and Process At present, F5SMC Agreements provide that F5SMC owns any products from F5SMC-funded projects. The protocol provided below addresses how/when a Person must obtain permission to disseminate data, findings or products emerging from F5SMC-funded projects or their evaluations. Tier 1 - Cleaned/Reviewed Data and Summary of Findings Definition : This category generally includes data that is considered to be "in the public domain." This includes data from general surveys as well as specific surveys and other data collection methods utilized to identify the "results" of F5SMC-funded efforts (e.g. percentage of WIC clients who initiate breast feeding). This data has been cleaned and reviewed for clarity and reasonable validity. This does not include "draft" data or draft summaries which have not been approved or finalized by the originator. Criteria/Conditions for Release of Information: In the spirit of cooperating/coordinating with all Persons who are working to improve the health and well-being of children and families in the County, these data may be released without specific F5SMC review and approval provided that appropriate measures are taken to ensure client confidentiality and provided that the methods used to collect the data are reasonably valid and are available for review upon request. REV: 09-23-16 RL ATTY/AGR/2016.279/FIRST 5 SAN MATEO COUNTY — RC2020 Page 11 of 12