|
<br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
<br />behalf of any party, which are not embodied herein.
<br />
<br />11. ASSIGNMENT
<br />
<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 which are the subject to
<br />this Agreement perfonned by City personnel or by other consultants retained by City.
<br />
<br />12.
<br />
<br />TERMINATION
<br />
<br />This Agreement may be tenninated by the City upon thirty (30) days written notice of
<br />tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
<br />compensation for all services perfonned by Consultant prior to receipt of such notice of tennination,
<br />subject to the following conditions:
<br />
<br />a. Payment need not be made for work which fails to meet the standard of perfonnance
<br />specified in the Recitals of this Agreement.
<br />
<br />13.
<br />
<br />DISCRIMINATION
<br />
<br />Consultant shall not discriminate because of race, color, creed, religion, 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, tennination or
<br />other employment related activities. Consultant affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
<br />
<br />14.
<br />
<br />JURISDICTION - VENUE
<br />
<br />This Agreement has been executed and delivered in the State of California and the
<br />validity, interpretation, perfonnance, and enforcement of any of the clauses of this Agreement
<br />shall be detennined and governed by the laws of the State of California. Both parties further
<br />agree that Orange County, California, shall be the venue for any action or proceeding that may
<br />be brought or arise out of, in connection with or by reason of this Agreement.
<br />
<br />15.
<br />
<br />PROFESSIONAL LICENSES
<br />
<br />Consultant shall, throughout the tenn of this Agreement, maintain all necessary licenses,
<br />pennits, approvals, waivers, and exemptions necessary for the provision of the services
<br />hereunder and required by the laws and regulations of the United States, the State of California,
<br />the City of Santa Ana and all other governmental agencies. Consultant shall comply with all
<br />Police, Fire and sanitary regulations imposed by any US, State or City authorities, or made by
<br />property insurance companies. Consultant shall notify the City immediately and in writing of
<br />
<br />6
<br />
<br />iÞ
<br />
|