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12. NON-DISCRIMINATION
<br />Consultant, and any employees, subcontractors or substitutes shall not discriminate
<br />because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity,
<br />gender expression, gender, medical conditions, genetic information, or military and veteran status,
<br />age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
<br />recruitment, selection, teaching, training, utilization, promotion, termination or other employment
<br />related activities or any services provided under this Agreement. Consultant affirms that it is an
<br />equal opportunity employer and shall comply with all applicable federal, state and local laws and
<br />regulations.
<br />13. LIVE SCAN BACKGROUND CHECK
<br />Consultant, and any employees, subcontractors or substitutes, shall arrange for and submit
<br />their fingerprints for a criminal background check through the Department of Justice through the
<br />City's Human Resources or Santa Ana Police Department process. Consultant shall be responsible
<br />for all charges associated with fingerprinting. Consultant shall not perform any services pursuant
<br />to this Agreement until clearance is received and Consultant is notified by the Santa Ana Police
<br />Department.
<br />14. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
<br />the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
<br />of this Agreement shall prevail. This Agreement may not be modified except by written instrument
<br />signed by the City and by an authorized representative of Consultant. The parties agree that any
<br />terms or conditions of any purchase order or other instrument that are inconsistent with, or in
<br />addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
<br />parry to this Agreement acknowledges that no representations, inducements, promises or
<br />agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any
<br />parry, which is not embodied herein.
<br />15. 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 shall
<br />be construed to limit the City's ability to have any of the services which are the subject to this
<br />Agreement performed by City personnel or by other consultants retained by City.
<br />16. TERNIINATION
<br />This Agreement may be terminated by the City upon thirty (30) days written notice of
<br />termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
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