|
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 />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 />14. 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 />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 />15. PROFESSIONAL LICENSES
<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 />16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
<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. § 12101 et seq.,
<br />Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq.
<br />17. MISCELLANEOUS PROVISIONS
<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 />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
<br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
<br />R
<br />
|