|
<br /> studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor
<br /> under this Agreement shall become the property of the Commission and shall be promptly delivered to the
<br /> Commission. In the event of termination, Contractor shall be paid for all work satisfactorily performed until
<br /> termination, except where the contracting department determines the quality or quantity of the work performed is
<br /> unacceptable. Such payment shall be that portion of the full payment, which is determined by comparing the
<br /> work/services completed to the work/services required by the Agreement.
<br /> 12. Records
<br /> A. Contractor agrees to provide to the Commission, to any Federal or State department having monitoring or
<br /> reviewing authority, to Commission's authorized representatives and/or their appropriate audit agencies upon
<br /> reasonable notice, access to and the right to examine and audit all records and documents necessary to
<br /> determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this
<br /> Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.
<br /> B. Contractor shall maintain and preserve all records relating to this Agreement in its possession of any third
<br /> party performing work related to this Agreement for a period of three (3) years from the termination date of
<br /> this Agreement, or until audit findings are resolved, whichever is greater.
<br /> C. Contractor shall notify Commission staff of all instances and/or requests for data disclosure.
<br /> 13. Intellectual Property
<br /> All products and concepts, however recorded, prepared or generated by the Contractor in the performance of this
<br /> Agreement shall be the exclusive property of the Commission. The term "product" as used in the Agreement shall
<br /> include, but will not be limited to, documentation, findings, design, report, form, evaluation, method of analysis,
<br /> system, software developed, design documents and concepts related to the work under this Agreement. This
<br /> Agreement shall preclude Contractor from using or marketing products developed or originated for the
<br /> Commission hereunder unless and until the parties execute a marketing agreement. All products, inventions,
<br /> discoveries and improvements developed in the performance of this Agreement while using Commissiõn
<br /> facilities, including hardware and software shall be the property of the Commission. It shall be presumed that any
<br /> product, invention, discovery or improvement was developed using Commission facilities unless Contractor is
<br /> able to show by documented proof that such product, invention, discovery or improvement was developed solely
<br /> with Contractor's facilities. If such product, invention, discovery or improvement shall be determined to be the
<br /> property of Contractor, Commission shall be granted a nonexclusive, irrevocable, royalty free license to use said
<br /> product, invention, discovery or improvement.
<br /> The Contractor agrees to abide by the Commission policy and procedures relating to intellectual property. Such
<br /> policy is incorporated by reference and attached hereto as Exhibit D.
<br /> 14. Compliance with Applicable Laws
<br /> All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all
<br /> applicable Federal, State, County and Municipal laws, ordinances, regulations, including but not limited to
<br /> appropriate licensure, certification regulations, confidentiality requirements and applicable quality assurance
<br /> regulations.
<br /> 15. ProQram MonitorinQ and Evaluation
<br /> Contractor shall track achievement of program objectives and the process and outcome measures for this project
<br /> as they are described in the scope of work, as attached pursuant to this Agreement. Contractor shall cooperate
<br /> with any Evaluator hired by the Commission to aid in the evaluation process. Contractor shall collect client level
<br /> data for each funded year and shall participate in a countywide and statewide evaluation of the effectiveness of
<br /> Proposition 10 efforts, whether it occurs during or after the term of this contract. Contractor shall submit reports
<br /> as requested by the Executive Director or the Evaluator, and comply with reports as required in the Program
<br /> Handbook, which include the following:
<br /> 1. A semi-annual and year-end proqress report of each funded year.
<br /> 2. A draft evaluation plan within 31 days of the effective date of this contract, thereby being
<br /> due August 1, 2004, or as agreed upon by the Executive Director, after consultation with
<br /> the Chair of the Commission.
<br /> 3. An evaluation report is due every 18 months.
<br /> Distribution: 1 copy each: Contractor, Commission, Controller 6/28/04 Page 5
<br /> .- . ..__..... " .---- _...... "..._~"-,_.. ..11".....-....
<br />
|