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appraiser mutually agreeable to by City and Consultant. If it is determined to sell
<br />the equipment, the terms and conditions of such sale must be approved in advance
<br />by City." 2 CFR, Part 200 requires a credit to Federal funds when participating
<br />equipment with a fair market value greater than $5,000 is credited to the project.
<br />20. WAIVER
<br />No waiver of breach, failure of any condition, or any right or remedy contained in or
<br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
<br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
<br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
<br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
<br />21. TERMINATION
<br />City reserves the right to terminate this Agreement upon thirty (30) calendar days written
<br />notice to Consultant with the reasons for termination stated in the notice. City may terminate this
<br />Agreement should Consultant fail to perform the covenants herein contained at the time and in the
<br />manner herein provided. In the event of such termination, City may proceed with the work in any
<br />manner deemed proper by City. If City terminates this Agreement with Consultant, City shall pay
<br />Consultant the sum due to Consultant under this Agreement prior to termination, unless the cost
<br />of completion to City exceeds the funds remaining in the Agreement, in which case the overage
<br />shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall
<br />be paid to Consultant upon demand.
<br />22. NON-DISCRIMINATION
<br />Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement.
<br />Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
<br />federal, state and local laws and regulations.
<br />23. 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
<br />Orange County, California, shall be the venue for any action or proceeding that may be brought or
<br />arise out of, in connection with or by reason of this Agreement.
<br />24. 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
<br />City of Santa Ana RFP 20-102
<br />29F ` 94
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