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ln addition, Contractor may be required to conduct background check/criminal history
<br />clearance for employees, subcontractors and/or voiunteers 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 subjectto inspection,
<br />review oraudit by personnel of both parlies, 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 pafi to this Agreement to the
<br />other party, will remain the properly of the furnishing party, unless otherurise agieed. 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 thaf records and documentsprovided by the other party are not erroneously disclosed to third parties.
<br />RIGHTS IN DATA
<br />Unless otheru,rise provided, data which originates from this Agreement shall be ,,works for hire,,asdefined by the U.S. Copyright Act of 1976 and shall be owned by AOC. Data shall include, but notbe limited to, reports, documents, pamphlets, advertisements, books, magazines, surueys,studies, computer programs, films, tapes, video andior sound reproductio-ns. Ownership includesthe right to copyright, patent, register, and the ability to transfer these rights.
<br />INDEPENDENT CAPACITY
<br />The employees or agents of each parly who are engaged in the performance of this Agreementshall continue to be employees or agents of that paftylnO shall not be considered for anypurpose to be employees or agents of the other party.
<br />AGREEMENT ALTERATIONS AND AM ENDMENTS
<br />This Agreement may be amended by mutual agreement of the parlies, Such amendments shallnot be binding unless they are in writing and sijned by personnel authorized to bind each of the
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