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Mn/DOT Agreement No. 81650
<br />Exhibit A
<br />22.3 Work Effort Audits:
<br />22.31 State may conduct work effort audits for the various work tasks described in the Special
<br />Terms. Audits will be randomly selected for completed work tasks. Audits will include
<br />work effort reviews and effort level analysis to determine the reasonableness of the
<br />hours charged.
<br />22.32 Contractor must maintain work effort progress reports showing work tasks, hours
<br />worked on the task by the various personnel assigned to this work, and work effort
<br />performed by subcontractors assigned to the tasks. The progress report must be in the
<br />format as described in the Special Terms of this Contract.
<br />Article 23
<br />23.1
<br />Government Data Practices and Intellectual Property
<br />Govemment Data Practices. The Contractor and State must comply with the Minnesota
<br />Government Data Practices Act, Minnesota Statutes Chapterl3, as it applies to all data provided
<br />by the State under this contract, and as it applies to all data created, collected, received, stored,
<br />used, maintained, or disseminated by the Contractor under this contract. The civil remedies of
<br />Minnesota Statutes Section 13.08 apply to the release of the data referred to in this clause by
<br />either the Contractor or the State.
<br />If the Contractor receives a request to release the data referred to in this Clause, the Contractor
<br />must immediately notify the State. The State will give the Contractor instructions concerning
<br />the release of the data to the requesting party before the data is released.
<br />23.2. Intellectual Property Rights.
<br />23.21 Intellectual Property Rights of the State. The State owns all rights, title, and interest in
<br />all of the intellectual property rights, including copyrights, patents, trade secrets,
<br />trademarks, and service marks in the Works and Documents created and paid for under
<br />this contract. Works means all inventions, improvements, discoveries (whether or not
<br />patentable), databases, computer programs, reports, notes, studies, photographs,
<br />negatives, designs, drawings, specifications, materials, tapes, and disks conceived,
<br />reduced to practice, created or originated by the Contractor, its employees, agents, and
<br />subcontractors, either individually or jointly with others in the performance of this
<br />contract. Works includes "Documents ". Documents are the originals of any databases,
<br />computer programs, reports, notes, studies, photographs, negatives, designs, drawings,
<br />specifications, materials, tapes, disks, or other materials, whether in tangible or
<br />electronic forms, prepared by the Contractor, its employees, agents, or subcontractors, in
<br />the performance of this contract. The Documents will be the exclusive property of the
<br />State and all such Documents must be immediately retumed to the State by the
<br />Contractor upon completion or cancellation of this contract. To the extent possible,
<br />those Works eligible for copyright protection under the United States Copyright Act will
<br />be deemed to be "works made for hire." The Contractor assigns all right, title, and
<br />interest it may have in the Works and the Documents to the State. The Contractor must,
<br />at the request of the State, execute all papers and perform all other acts necessary to
<br />transfer or record the State's ownership interest in the Works and Documents.
<br />23.22 Intellectual Property of the Contractor. The Contractor retains title and interest in all of
<br />its standard details, plans, specifications, and engineering computation documents,
<br />( "Previously Created Works and Documents ") whether in written or electronic form,
<br />which have been incorporated into the Works and Documents, but which were developed
<br />by the Contractor independent of this contract. The Contractor issues to the State a
<br />February 2001
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