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compensation for all services performed by Contractor prior to receipt of such notice of termination,
<br />subject to the following conditions;
<br />a. As a condition of such payment, the Executive Director of Parks, Recreation and
<br />Community Services Agency may require Contractor to deliver to the City all work product
<br />completed as of such date, and in such case such work product shall be the property of the City unless
<br />prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City
<br />deems appropriate.
<br />b. Payment need not be made for work which fails to meet the standard of performance
<br />specified in the Recitals of this Agreement.
<br />15. NON-DISCRIMINATION
<br />Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
<br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
<br />employment related activities or in connection with any activities under this Agreement,
<br />Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
<br />federal, state and local laws and regulations.
<br />16. JURISDICTION -VENUE
<br />This Agreement has been executed and delivered in the State of California and the validity,
<br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
<br />determined and governed by the laws of the State of California. Both parties further agree that
<br />Orange County, California, shall be the venue for any action or proceeding that may be brought or
<br />arise out of, in connection with or by reason of this Agreement.
<br />17. PROFESSIONAL LICENSES
<br />Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
<br />and, required by the laws and regulations of the United States, the State of California, the City of
<br />Santa Ana and all other governmental agencies, including without limitation, the California Bureau
<br />of Security and Investigative Services. Contractor shall notify the City immediately and in writing
<br />of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions.
<br />Said inability shall be cause for termination of this Agreement.
<br />18. LIVE SCAN BACKGROUND CHECK
<br />Contractor, and any employees, subcontractors or substitutes, in contact with minors under
<br />eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check
<br />for criminal history available through the California Department of Justice as a condition of this
<br />Agreement and provide proof of compliance prior to performing services hereunder.
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