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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 <br />for Federal purposes, and to authorize others to do so. <br />11. CONSULTANT is subject to applicable regulations governing patents and <br />inventions, including govermnent-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 />6. COMPENSATION <br />CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the <br />amount not to exceed One Thousand One Hundred Dollars (110 $0.00). CONSULTANT will submit a <br />detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days <br />following receipt of said invoice, subject to CITY accounting procedures. <br />CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon <br />State approval, and funds received or obligated from the State of California to CITY. If such approval of <br />funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within <br />twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by <br />CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred <br />hereunder. <br />MISCELLANEOUS PROVISIONS <br />A. CONSULTANT covenants that it presently has no interest, and shall not have any interest,