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In addition, Contractor may be required to conduct background check/criminal history <br />clearance for employees, subcontractors and/or volunteers who may or will have limited <br />access to any client/juvenile, prior to any access under this Agreement. <br />The Contractor shall, based on the results from the criminal background check, determine <br />whether each employee, volunteer, and subcontractor is suitable for access to <br />clients/juveniles; <br />Contractor shall affirmatively acknowledge that it has met these requirements and <br />submit that acknowledgement to AOC . Contractor shall also document the background <br />check/criminal history clearance process it employs. <br />b . Sexual Misconduct <br />Contractor shall ensure that all employees, subcontractors and/or volunteers are <br />knowledgeable about the requirements of RCW 13.40.570 and of the crimes set forth in <br />Chapter 9A.44 RCW, "Sexual Offenses ." <br />RECORDS MAINTENANCE <br />The parties to this Agreement shall each maintain books, records , documents and other evidence <br />which sufficiently and properly reflect all direct and indirect costs expended by either party in the <br />performance of the service(s) described herein . These records shall be subject to inspection , <br />review or audit by personnel of both parties, other personnel duly authorized by either party , the <br />Office of the State Auditor, and federal officials so authorized by law. All books, records, <br />documents, and other material relevant to this Agreement will be retained for six years after <br />expiration of this Agreement and the Office of the State Auditor, federal auditors, and any persons <br />duly authorized by the parties shall have full access and the right to examine any of these <br />materials during this period. <br />Records and other documents, in any medium, furnished by one party to this Agreement to the <br />other party , will remain the property of the furnishing party , unless otherwise agreed. The <br />receiving party will not disclose or make available this material to any third parties without first <br />giving notice to the furnishing party and giving it a reasonable opportunity to respond . Each party <br />will utilize reasonable security procedures and protections to assure that records and documents <br />provided by the other party are not erroneously disclosed to third parties . <br />RIGHTS IN DATA <br />Unless otherwise provided, data which originates from this Agreement shall be "works for hire " as <br />defined by the U.S . Copyright Act of 1976 and shall be owned by AOC . Data shall include, but not <br />be limited to , reports, documents, pamphlets, advertisements, books, magazines , surveys, <br />studies , computer programs, films , tapes , video and/or sound reproductions . Ownership includes <br />the right to copyright , patent, register, and the ability to transfer these rights . <br />INDEPENDENT CAPACITY <br />The employees or agents of each party who are engaged in the performance of this Agreement <br />shall continue to be employees or agents of that party and shall not be considered for any <br />purpose to be employees or agents of the other party . <br />AGREEMENT ALTERATIONS AND AMENDMENTS <br />This Agreement may be amended by mutual agreement of the parties . Such amendments shall <br />not be binding unless they are in writing and signed by personnel authorized to bind each of the <br />IAA1 9062 Page 3 of 5