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state that the program is an "equal opportunity employer /program" and that "auxiliary aids aid services are <br />available upon request to individuals with disabilities." <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 />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 />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 />(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 />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 />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 />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 />