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<br />13. 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 by <br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other <br />employment related activities. Consultant affirms that it is an equal opportunity employer and <br />shall comply with all applicable federal, state and local laws and regulations. <br /> <br />Consultant understands and agrees that with regard to federally funded projects <br />Consultant shall give consideration to Disadvantaged Business Enterprise (DBE) firms as <br />specified in 23 CFR 172.5(e), and in accordance with the attached Exhibit 10-1, Caltran's "Local <br />Assistance Procedures Manual" page 10-43-46. <br /> <br />14. JURISDICTION - VENUE <br /> <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 />agree that Orange County, California, shall be the venue for any action or proceeding that may be <br />brought or arise out of, in connection with or by reason of this Agreement. <br /> <br />15. PROFESSIONAL LICENSES <br /> <br />Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, <br />permits, 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 notify the City <br />immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, <br />waivers, and exemptions. Said inability shall be cause for termination of this Agreement. <br /> <br />16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS <br /> <br />Contractor shall carry out all services pursuant to this Agreement in substantial conformity <br />with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of <br />the United States, the State of California, the County of Orange, the City, and of any other <br />political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all <br />applicable federal, state, and local occupation, safety and health laws, rules, regulations and <br />standards, applicable state and Federal labor standards, prevailing wage requirements, the City <br />zoning and development standards, City permits and approvals, building, plumbing, mechanical <br />and electrical codes, as they may apply, and all other provisions of the City and its Municipal <br />Code (as they may apply), and all applicable disabled and handicapped access requirements, <br />including, without the limitation, the Americans With Disability Act, 42 U.S.C. S 12101 ef seq., <br />Government Code S 4450 ef seq., and the Unruh Civil Rights Act, Civil Code S 51 ef seq. <br /> <br />17. MISCELLANEOUS PROVISIONS <br /> <br />a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to <br /> <br />6 <br /> <br />25K-8 <br />