|
property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such
<br />purposes as the City deems appropriate.
<br />b. Payment need not be made for work that fails to meet the standard of performance specified in
<br />the Recitals of this Agreement.
<br />14. DISCRIMINATION
<br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
<br />law, in the recruitment, selection, training, utilization, promotion, termination or other employment
<br />related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
<br />applicable federal, state and local laws and regulations.
<br />15. JURISDICTION - VENUE
<br />This Agreement has been executed and delivered in the State of California and the validity,
<br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
<br />determined and governed by the laws of the State of California. Both parties further agree that Orange
<br />County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
<br />in connection with or by reason of this Agreement.
<br />16. PROFESSIONAL LICENSES
<br />Consultant shall, throughout the term of this Agreement, maintain all necessary
<br />licenses, 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, the City
<br />of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in
<br />writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions.
<br />Said inability shall be cause for termination of this Agreement.
<br />17. CONSULTANT CERTIFICATIONS/FEDERAL REQUIREMENTS
<br />a. Audit Records - With respect to all matters covered by this agreement all records shall
<br />be made available for audit and inspection by the City, the grant agency and/or their duly authorized
<br />representatives for a period of three (3) years from the termination of this Agreement.
<br />For a period of three years after final delivery hereunder or until all claims related to
<br />this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all
<br />documents, papers and records relevant to the services provided in accordance with this
<br />Agreement, including the Attachments hereto. For the same time period, Consultant shall make said
<br />documents, papers and records available to City and the agency from which City received grant funds
<br />or their duly authorized representative(s), for examination, copying, or mechanical reproduction on
<br />or off the premises of Consultant, upon request during usual working hours.
<br />b. Consultant shall provide to City all records and information requested by City for
<br />inclusion in quarterly reports and such other reports or records as City may be required to
<br />provide to the agency from which City received grant funds or other persons or agencies.
<br />C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of
<br />federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
<br />25A-8
|