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<br /> <br /> <br /> <br /> <br /> <br /> state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are <br /> available upon request to individuals with disabilities." <br /> <br /> 7. CONSULTANT certifies that all property, finished or unfinished documents, <br /> data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be <br /> disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished <br /> to the CONSULTANT by the CITY and/or purchased by the CONSULTANT with funds pursuant to this <br /> Agreement, will be limited to use within the activities outlined in this agreement and will remain the property <br /> of the United States Government and/or CITY. Upon termination of this Agreement, CONSULTANT will <br /> immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the <br /> direction of the CITY. <br /> <br /> <br /> 8. CONSULTANT certifies that this Agreement does not provide <br /> for the 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 religious <br /> creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the <br /> State of California, regarding separation of church and state. <br /> <br /> 9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in <br /> compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act <br /> (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR <br /> Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the <br /> CONSULTANT assures that: <br /> <br /> (a) No facility to be utilized in the performance of the proposed grant has been listed on the <br /> EPA List of Violating Facilities; <br /> (b) It will notify CITY prior to award of the receipt of any communication from the Director, <br /> Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the <br /> grant is under consideration to be listed on the EPA List of Violating Facilities; <br /> (c) It will notify the CITY and the EPA about any known violation of the above laws and <br /> regulations. <br /> <br /> 10. CONSULTANT may copyright any work that is subject to copyright and was <br /> developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) <br /> reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for <br /> Federal purposes, and to authorize others to do so. <br /> <br /> 11. CONSULTANT is subject to applicable regulations governing patents and <br /> inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR part <br /> 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government <br /> Grants, Contracts and Cooperative Agreements." <br /> <br /> 12. Based on the population eligible to be served, or likely to be directly affected <br /> by the WIA program or activity, the services or information may need to be provided in a language other than <br /> English in order to allow such population to be effectively informed about or able to participate in the <br /> <br /> 5 <br />