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CMS-07-021/023 - Los Angeles County Department of Children and ...

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eject children for placement consistent with CONTRACTOR’s Program<br />

Statement <strong>and</strong> in compliance with CONTRACTOR’s license. Such determination<br />

may not be arbitrary <strong>and</strong> capricious, unreasonable or discriminatory.<br />

27.0 NOTICE OF DELAYS<br />

Except as otherwise provided herein, when either party to this Contract has<br />

knowledge that any actual or potential situation is delaying or threatens to delay<br />

the timely performance <strong>of</strong> this Contract, that party shall, within three (3) working<br />

days, give written notice there<strong>of</strong>, including all relevant information with respect<br />

thereto, to the other party.<br />

28.0 NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME<br />

CREDIT<br />

CONTRACTOR shall notify its employees, <strong>and</strong> shall require each Subcontractor<br />

to notify its employees, that they may be eligible for the Federal Earned Income<br />

Credit under the federal income tax laws. Such notice shall be provided in<br />

accordance with the requirements set forth in Internal Revenue Services Notice<br />

1015, attached hereto as Exhibit L.<br />

29.0 PROPRIETARY RIGHTS<br />

29.1 During <strong>and</strong> subsequent to the term <strong>of</strong> this Contract, COUNTY shall have<br />

the right to inspect any <strong>and</strong> all such materials, data <strong>and</strong> information<br />

developed under <strong>and</strong>/or used in connection with this Contract, make<br />

copies there<strong>of</strong>, <strong>and</strong> use the working papers <strong>and</strong> the information contained<br />

therein.<br />

29.2 To the extent that 45 CFR 95.617 applies to this Contract, this Sub-section<br />

29.2 shall be applicable. Notwithst<strong>and</strong>ing any other provision <strong>of</strong> this<br />

Contract, COUNTY <strong>and</strong> CONTRACTOR agree that COUNTY shall have<br />

all ownership rights in s<strong>of</strong>tware or modification there<strong>of</strong> <strong>and</strong> associated<br />

documentation designed, developed or installed with Federal financial<br />

participation; additionally, the Federal Government shall have a royaltyfree,<br />

nonexclusive, <strong>and</strong> irrevocable license to reproduce, publish, or<br />

otherwise use <strong>and</strong> to authorize others to use for Federal Government<br />

purposes, such s<strong>of</strong>tware, modifications <strong>and</strong> documentation.<br />

Notwithst<strong>and</strong>ing any other provision <strong>of</strong> this Contract, proprietary<br />

operating/vendor s<strong>of</strong>tware packages (e.g., ADABAS or TOTAL) which are<br />

provided at established catalog or market prices <strong>and</strong> sold or leased to the<br />

general public shall not be subject to the ownership provisions <strong>of</strong> this<br />

Section. CONTRACTOR may retain possession <strong>of</strong> all working papers<br />

prepared by CONTRACTOR. During <strong>and</strong> subsequent to the term <strong>of</strong> this<br />

Contract, COUNTY shall have the right to inspect any <strong>and</strong> all such working<br />

papers, make copies there<strong>of</strong>, <strong>and</strong> use the working papers <strong>and</strong> the<br />

information contained therein. To the extent that 45 CFR 95.617 does not<br />

DCFS GH Contract<br />

Part II – St<strong>and</strong>ard Terms <strong>and</strong> Conditions<br />

56

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