|
shall be the property of the City unless prohibited by law, and Consultant consents to the
<br />City's use thereof for such purposes as the City deems 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 />16, 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 related
<br />activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
<br />federal, state and local laws and regulations.
<br />17. 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, in
<br />connection with or by reason of this Agreement.
<br />18, 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 hereunder and
<br />required by the laws and regulations of the United States, the State of California, the City of Santa Ana
<br />and all other governmental agencies. Consultant shall notify the City immediately and in writing of its
<br />inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
<br />shall be cause for termination of this Agreement.
<br />19. CERTIFICATIONS
<br />The funds used to pay for this Agreement will be comprised of federal grant funds and the
<br />following certifications are required in compliance with federal grant funding rules.
<br />a. Audit Records - With respect to all matters covered by this agreement all records
<br />shall be made available for audit and inspection by MWDOC, the grant agency and /or their
<br />duly authorized representatives for a period of three (3) years from the termination of this
<br />Agreement. For a period of three years after final delivery hereunder or until all claims related
<br />to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain
<br />all documents, papers and records relevant to the services provided in accordance with this
<br />Agreement, including the Attachments hereto. For the same time period, Recipient shall make
<br />said documents, papers and records available to City and the agency from which City received
<br />grant funds or their duly authorized representative(s), for examination, copying, or mechanical
<br />reproduction on or off the premises of Recipient, upon request during usual working hours.
<br />b. Recipient 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 />G. 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 />Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives
<br />25F -8
<br />
|