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8. CONSULTANT certifies that this Agreement does not provide for the <br />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 <br />religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the <br />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 listed <br />on the EPA List of Violating Facilities; <br />(b) It will notify CITY prior to award of the receipt of any communication from the <br />Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be <br />utilized for the grant is under consideration to be listed on the EPA List of <br />Violating Facilities; <br />(c) It will notify the CITY and the EPA about any known violation of the above laws <br />and 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 <br />agency(ies) reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or <br />otherwise use the work for 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 <br />37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business <br />Firms Under Government Grants, Contracts and Cooperative Agreements." <br />12. Based on the population eligible to be served, or likely to be directly affected by <br />the WIA program or activity, the services or information may need to be provided in a language <br />other than English in order to allow such population to be effectively informed about or able to <br />participate in the program or activity. Pursuant to 29 CFR 37.35, the CONSULTANT must take <br />reasonable steps to provide services and information in appropriate languages after considering <br />the scope of the program or activity, and the size and concentration of the population that needs <br />services or information in a language other than English. <br />6. <br />CITY agrees to pay, and CONSULTANT agrees to accept for said services, total <br />compensation in the amount not to exceed Twenty Three Thousand Seven Hundred Fifty Dollars <br />($23,750.00). CONSULTANT will submit a detailed invoice evidencing services performed. <br />Payments will be made in accordance with the Milestones set forth in Exhibit A attached hereto <br />in four payments upon completion of each of the four (4) specific components being successfully <br />performed by CONSULTANT. Each payment by the CITY shall be made within thirty (30) days <br />following receipt of said invoice, subject to CITY accounting procedures. <br />sv1-115212v2 5