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<br /> a. As a condition of such payment, the City Manager, or his designee, may require
<br /> Consultant to deliver to the City all work product completed as of such date, and in such case
<br /> such work product shall be the property of the City unless prohibited by law, and Consultant
<br /> consents to the City's use thereof for such purposes as the City deems appropriate.
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<br /> b. Payment need not be made for work which fails to meet the standard of performance
<br /> specified in the Recitals of this Agreement.
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<br /> 14. DISCRIMINATION
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<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
<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 /> 15. JURISDICTION - VENUE
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<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
<br /> Orange County, California, shall be the venue for any action or proceeding that may be brought
<br /> or arise out of, in connection with or by reason of this Agreement.
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<br /> 16. PROFESSIONAL LICENSES
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<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 its inability to obtain or maintain such permits, licenses, approvals,
<br /> waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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<br /> 17. CONSULTANT CERTIFICATIONS
<br /> a. Audit Records - With respect to all matters covered by this agreement all records shall be
<br /> made available for audit and inspection by the City, the grant agency and/or their duly
<br /> authorized representatives for a period of three (3) years from the termination of this
<br /> Agreement.
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<br /> For a period of three years after final delivery hereunder or until all claims related to this
<br /> 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
<br /> make said documents, papers and records available to City and the agency from which City
<br /> received grant funds or their duly authorized representative(s), for examination, copying, or
<br /> mechanical reproduction on or off the premises of Consultant, upon request during usual
<br /> working hours.
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<br /> 25C-8
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