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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 <br />with the 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 <br />help to support or sustain any school, college, university, hospital or other institution controlled <br />by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, <br />of the Constitution of the 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 <br />Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency <br />( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under <br />these laws and regulations, the CONSULTANT assures that: <br />(a) No facility to be utilized in the performance of the proposed grant has been <br />listed on the EPA List of Violating Facilities; <br />(b) It will notify CITY prior to award of the receipt of any communication from <br />the Director, Office of Federal Activities, U.S. EPA, indicating that a facility <br />to be utilized for the grant is under consideration to be listed on the EPA List <br />of Violating Facilities; <br />(c) It will notify the CITY and the EPA about any known violation of the above <br />laws and regulations. <br />10. CONSULTANT may copyright any work that is subject to <br />copyright and was developed, or for which ownership was purchased, under an award. The <br />Federal awarding agency(ies) reserve a royalty -free, nonexclusive and irrevocable right to <br />reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do <br />so. <br />11. CONSULTANT is subject to applicable regulations governing <br />patents and inventions, including government -wide regulations issued by the Department of <br />Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and <br />Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." <br />12. Based on the population eligible to be served, or likely to be <br />directly affected by the WIA program or activity, the services or information may need to be <br />provided in a language other than English in order to allow such population to be effectively <br />informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the <br />CONSULTANT must take reasonable steps to provide services and information in appropriate <br />languages after considering the scope of the program or activity, and the size and concentration <br />of the population that needs services or information in a language other than English. <br />2dH -8 <br />