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12. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior <br />written consent of the City and any such assignment, transfer, delegation or subcontract without <br />the City's prior written consent shall be considered null and void. Nothing in this Agreement <br />shall be construed to limit the City's ability to have any of the services that are the subject to this <br />Agreement performed by City personnel or by other Consultants retained by City. <br />13. TERMINATION <br />This Agreement may be terminated by the City with thirty (30) days written notice of <br />termination to the Consultant. <br />a. As a condition of such payment, the City may require Consultant to deliver to the City <br />all the work product completed, as of such date, and in such case, such work product shall be the <br />property of the City unless prohibited by law, and Consultant consents to the City's use thereof <br />for such purposes, as the City deems appropriate. <br />b. Payment need not be made for work that fails to meet the standard of performance <br />specified in the Recitals of this Agreement. <br />14. 11INGERPRINTS AND BACKGROUND CHECK <br />Consultant, and any employees, subcontractors or volunteers, shall arrange for and <br />submit their fingerprints for a criminal background check through the Department of Justice <br />through the City's Human Resources Department process. Consultant shall be responsible for all <br />charges associated with fingerprinting. Consultant shall not perform any services pursuant to <br />this Agreement until clearance is received and Consultant is notified by the City's Parks, <br />Recreation and Community Services Department. <br />15. NON-DISCRIMINATION <br />Consultant shall not discriminate because of race, color, creed, relation, sex, marital <br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited <br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or <br />other employment related activities or any activities under this Agreement. Consultant affirms <br />that it is an equal opportunity employer and shall comply with all applicable federal, state and <br />local laws and regulations. <br />16. JURISDICTION - VENUE <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this Agreement <br />shall be determined and governed by the laws of the State of California. Both parties further <br />Page 6 of 9 <br />