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12. SUBRECIPIENT certifies that this Agreement does not provide for the
<br />advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to
<br />support or sustain any school, college, university, hospital or other institution controlled by any
<br />religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
<br />Constitution of the State of California, regarding separation of church and state.
<br />13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
<br />SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program
<br />developed, or data assembled, as a result of performance of work under this Agreement, within seventy
<br />four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
<br />Department of Labor will have the right to patent any invention and copyright any written product or
<br />computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT
<br />will transfer all pertinent information, specifications and right, title and interest to the designated
<br />agency.
<br />14. INVENTIONS, PATENTS AND COPYRIGHTS.
<br />A. Reporting Procedure. If any project produces patentable items, patent rights,
<br />processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
<br />agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall
<br />report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
<br />and the DOL and its representative. on these matters, the DOL shall determine whether to seek
<br />protection on the invention or discovery. The DOL and its representative shall determine how the
<br />rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
<br />and administered in order to protect the public interest consistent with the "Governmental Patent
<br />Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
<br />1971, and Statement of Govermnent Patent Policy as printed in 36 FR. 16 8$9).
<br />B. Copyright Policy,
<br />1. Unless otherwise provided in the terms of the grant or agreement, when copyright -
<br />able material is developed in the course of or under a DOL Grant or agreement, the author and the
<br />CITY which developed the work is free to copyright material or to permit others to do so. The
<br />SUBRECIPIENT and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive
<br />and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
<br />material.
<br />2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to
<br />reproduce, publish or otherwise use, and to authorize others to use, for Federal Govermnent purposes:
<br />(a) The copyright in any work developed Linder any grant, sub - grant, or contract under a grant or
<br />subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases
<br />ownership with grant support; and, (e) SUBRECIPIENT shall comply with the requirements of 29
<br />CFR Part 97.34.
<br />C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
<br />first procured or delivered under this Agreement,
<br />15. CLEAN AIR/ CLEAN WATER ACT. If the grant hereunder exceeds
<br />$100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)];
<br />SAC -16 -004
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