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price. Such adjustments will be the estimated cost for performance by City forces <br />Plus City overhead and will include overtime pay as required to complete work. <br />Additionally, the Director may have such required work done by City forces or <br />otherwise, and charge the cost thereof to the Contractor. <br />B. The Director may make a billing adjustment in monthly payments for <br />insufficiencies in service rendered by the Contractor. Billing adjustments for this <br />unsatisfactory service may be permanent retention of 100% of the estimated <br />monthly cost for work that is incomplete or deficient as stated herein. <br />C. If the Contractor performs the work in such a mariner that the amount of payment <br />withheld due to sub - standard performance, non - performance and forfeiture for non- <br />completion per schedule totals five (5) percent of the total contract price, the City <br />Will put the Contractor under notice of non - compliance. If the Contractor <br />continues to perform the work in such a mariner that the amount of payment <br />withheld due to substandard performance, non - performance and forfeiture for non- <br />completion per schedule totals ten (10) percent of the total contract price, the <br />contract is subject to cancellation at the City's option. In the event of cancellation <br />for unsatisfactory performance, the original Contractor shall reimburse the City for <br />damage accrued by changing contractors. <br />16. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO <br />CONTRACT <br />Should the contractor fail to correct deficiencies or public nuisances that have been created <br />because of his operation, then these will be considered to be of an emergency nature and cause the <br />City to make the corrective work. Such work will be done on a force account basis with an <br />additional catlout charge of $200.00 for each callout. Said charges wilt be billed to Contractor and <br />deducted from Contractor's most recent pending invoice. <br />17. 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 by <br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other <br />employment related activities. Contractor affirms that it is an equal opportunity employer and <br />shall comply with all applicable federal, state and local laws and regulations <br />18. 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 />19. PROFESSIONAL LICENSES <br />Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, <br />including but not limited to State License C -27 and a City of Santa Ana Business License, <br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder <br />