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<br />'-' <br /> <br />'wi <br /> <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 />6. COMPENSATION <br /> <br />CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the <br />amount not to exceed Twentv Thousand Dollars ($20,000.00). CONSULTANT will submit a detailed <br />invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt <br />of said invoice, subject to CITY accounting procedures. Payment need not be made for work which fails to <br />meet the standards of performance set forth in the Recitals which may reasonably be expected by City. <br /> <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, CONSULT ANT 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 /> <br />7. MISCELLANEOUS PROVISIONS <br /> <br />A. CONSULT ANT covenants that it presently has no interest, and shall not have any interest, direct <br />or indirect, which would conflict in any manner with the performance of services required hereunder. <br /> <br />B. CONSULT ANT certifies that it will not discriminate against any employee or <br />applicant for employment because ofrace, religious creed, color, national origin, ancestry, physical disability, <br />mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil <br />Rights Act of 1964 (P.L. 83-354) and Govemment Code 12900, et seq. <br /> <br />C. Each undersigned represents and warrants that its signature hereinbelow has the power, authority <br />and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, <br />including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such <br />authority or power is not, in fact, held by the signatory or is withdrawn. <br /> <br />5 <br />