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making decisions that will foreseeable financially affect such interest. If so required, <br />CONTRACTOR will provide a completed disclosure form noting the above. <br />B. If subject to the Act, CONTRACTOR shall conform to all requirements of the <br />Act. Failure to do so constitutes a material breach of this Agreement, and is grounds for <br />termination by CITY. CONTRACTOR shall indemnify and hold harmless CITY for any claims <br />for damages resulting from CONTRACTOR's violation of this paragraph. <br />24. NONDISCRIMINATION. Except as provided in Section 12940 of the California <br />Government Code, during CONTRACTOR's performance of this Agreement, CONTRACTOR <br />shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, <br />age, physical disability, mental disability, medical condition, marital status, sex or sexual <br />orientation in the selection and retention employees and subcontractors and the procurement of <br />materials and equipment. Such non - discrimination shall include, but not be limited to the <br />following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, <br />layoff or termination, rates of pay or other forms of compensation, and selection for training, <br />including apprenticeship. CONTRACTOR shall also conform to the requirements of the <br />Americans with Disabilities Act in the performance of this Agreement. <br />25. NOTICES. All notices, demands, requests or approval to be given under this <br />Agreement must be given in writing and shall be deemed served when delivered personally or on <br />the second business day after the deposit thereof in the United States mail, postage <br />prepaid and addressed as follows: <br />CITY <br />City of Santa Ana <br />Public Works Agency <br />220 South Daisy Avenue Attn: Project Manager <br />Santa Ana, CA 92703 <br />CONTRACTOR <br />Mr. Patrick O. Mahoney, President <br />West Coast Arborists, Inc. <br />2200 East Via Burton Street <br />Anaheim, CA 92806 <br />26. CONFIDENTIALITY. The information which results from the services <br />in this Agreement is to be kept confidential unless the release of information is authorized by the <br />CITY. <br />27. PROHIBITION AGAINST TRANSFERS. CONTRACTOR may not <br />assign any right or obligation of this Agreement or any interest in this Agreement without the <br />prior written consent of the CITY. Any attempted or purported assignment without the consent <br />of CITY shall be null and void at the sole option of CITY. CONTRACTOR may not employ <br />any subcontractors unless specifically authorized by CITY. <br />7 <br />