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ln addition, Contractor may be required to conduct background checklcriminal history clearance for employees, subcontractors and/or volunteers who may or will have limited access to any clienUjuvenile, prior to any access under this Agreement. The Contractor shall, based on the results from the criminal background check, determine whether each employee, volunteer, and subcontractor is suitablelor access to clients/juveniles; Contractor shall affirmatively acknowledge that it has met these requirements and submit that acknowledgement to AOC. Contractor shall also document the background check/criminal history clearance process it employs. b. Sexual Misconduct Contractor shall ensure that all employees, subcontractors and/or volunteers are knowledgeable about the requiremenis of RCW 13.40.570 and of the crimes set forth in Chapter 9A.44 RCW "sexual Offenses.,, RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufliciently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shali be subject to inspection, lev_lew or audit by personnel of both parties, other personnel duly authorizeO ny either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of thes'e' materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agieed. The receiving party will not disclose or make available tnis miterial to any third parties without first giving notice to the furnishing party and giving it a reasonable opporiunity to respond. Each party will utilize reasonable security procedures and protections to assure thaf records and documenti provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless othenruise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, video and/or sound reproductions. Ownershipincludes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for 6ny purpose to be employees or agents of the other party AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the 14 21445 Page 3 of 5