RFP 13-015
<br />a. As condition of such payment, the Executive Director may require Consultant to
<br />deliver to the City all work product completed as of such date, and in such case such
<br />work product shall be the property of the City unless prohibited by law, and
<br />Consultant consents to the City's use thereof for such purposes as the City deems
<br />appropriate.
<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.
<br />13. DISCRIMINATION
<br />Contractor 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
<br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
<br />other employment related activities. Contractor affirms that it is an equal opportunity employer
<br />and shall comply with all the applicable federal, state and local laws and regulations.
<br />14. JURISDICTION - VENUE
<br />This Agreement and all questions relating to its validity, interpretation, performance, and
<br />enforcement shall be governed and construed in accordance with the laws of the State of
<br />California. 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
<br />be brought or arise out of, in connection with or by reason of this Agreement.
<br />15. COMPLIANCE WITH GOVERNEMENTAL REQUIREMENTS
<br />Contractor shall carry out all services pursuant to this Agreement in substantial
<br />conformity with all applicable laws, ordinances, statues, codes, rules, regulations, orders, and
<br />decrees of the United States, the State of California, the County of Orange, the City, and of any
<br />other political subdivision, agency, or instrumentality exercising jurisdiction over the City,
<br />including all applicable federal, state, and local occupation, safety and health laws, rules,
<br />regulations and standards, the Displaced Janitorial Opportunity Act, Section 1 Chapter 4.5
<br />(commencing with Section 1060) added to part 3 of Division 2 of the California Labor Code,
<br />applicable state and labor standards, prevailing wage requirements, the City zoning and
<br />development standards, City permits and approvals, building, plumbing, mechanical and
<br />electrical codes, as they may apply, and all other provisions of the City and its Municipal Code
<br />(as they may apply), and all applicable disabled and handicapped access requirements, including,
<br />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 § 54 et seq.
<br />16. MISCELLANEOUS PROVISIONS
<br />a. Each undersigned represents and warrants that the signature herein below has the
<br />power, authority and right to bind their respective parties to each of the terms of this
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