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awarded by grantees and subgrantees when required by Federal grant program legislation;)
<br /> a. To the extent required by any Federal grant programs applicable to expected funding or
<br /> reimbursement of
<br /> City's expenses incurred in connection with the services provided under the Contract, Consultant
<br /> agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
<br /> Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in
<br /> addition to the requirements set forth in the Contract.
<br /> b. Consultant shall be bound to the provisions of the Davis-Bacon Act and agrees to be bound by all the
<br /> provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be
<br /> paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of
<br /> Labor(Federal Wage Rates), or by the State of California Director of Department of Industrial
<br /> Relations (State Wage Rates). Current DIR requirements may be found at
<br /> http://www.dir.ca.gov/lcp.asp.
<br /> XVIII. COPYRIGHTS AND DATA RIGHTS
<br /> License and Delivery of Works Subject to Copyright and Data Rights
<br /> The Consultant grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in
<br /> data first produced in the performance of this contract to reproduce, publish, or otherwise use, including
<br /> prepare derivative works, distribute copies to the public, and perform publicly and display publicly such
<br /> data. For data required by the contract but not first produced in the performance of this contract, the
<br /> Consultant will identify such data and grant to the City or acquires on its behalf a license of the same
<br /> scope as for data first produced in the performance of this contract. Data, as used herein, shall include
<br /> any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works,
<br /> software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos,
<br /> motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon
<br /> or before the completion of this contract, the Consultant will deliver to the (insert name of the non-federal
<br /> entity) data first produced in the performance of this contract and data required by the contract but not
<br /> first produced in the performance of this contract in formats acceptable by the City.
<br /> XIX. DOMESTIC PREFERENCES FOR PROCUREMENTS
<br /> As appropriate, and to the extent consistent with law, the consultant should, to the greatest extent
<br /> practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials
<br /> produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other
<br /> manufactured products.
<br /> For purposes of this clause:
<br /> Produced in the United States means, for iron and steel products, that all manufacturing processes, from
<br /> the initial melting stage through the application of coatings, occurred in the United States.
<br /> Manufactured products mean items and construction materials composed in whole or in part of non-
<br /> ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
<br /> aggregates such as concrete; glass, including optical fiber; and lumber.
<br /> XX. AFFIRMATIVE SOCIOECONOMIC STEPS
<br /> a. If subcontracts are to be let, the prime consultant is required to take all necessary steps identified in
<br /> 2 C.F.R. § 200.321(b)(1)-(5)to ensure that small and minority businesses, women's business
<br /> enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:
<br /> i. Placing qualified small and minority businesses and women's business enterprises on solicitation
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<br /> Federal and State
<br /> Provisions Exhibit B
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