2012/01/25 Council Agenda Packet

11 Overhead / Indirect Charges The indirect rate charged for work under this agreement cannot exceed the rate approved by EVERETT's cognizant federal agency. If EVERETT does not have an approved federal rate, indirect cannot be charged. Indirect must be in accordance with federal cost principles per Administrative Condition #1 on Attachment C. Indicate the rate in the cell provided on Attachment B, Invoice Detail. BILLING PROCEDURE EVERETT shall submit invoices using state invoice voucher A19-1A on a quarterly basis (Jan-Mar, Apr-Jun, Jul-Sept, Oct-Dec) within 40 days following the end of the quarter, to the Partner Source Control Program Coordinator. Payment to EVERETT for approved and completed work will be made by warrant or account transfer by the Department of Ecology within 30 days of receipt of a properly completed invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. Invoices for the last month of the biennium (June, 2013), are due by July 30, 2013. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by 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 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 these 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 agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise 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 the Department of Ecology. Data shall include, but not be limited to, site visit checklist data, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. 44