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property of the City unless prohibited by law, and Consultant consents to the City's use thereof <br />for such purposes, as the City deems appropriate. <br />b. Payment need not be made for work that fails to meet the standard of performance <br />specified in the Recitals of this Agreement. <br />14. BACKGROUND CHECK REQUIREMENTS <br />Consultant shall not assign any employee, agent, subcontractor or volunteer to provide <br />services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is <br />required to register as a sex offender under California Penal Code Section 290 et seg, has a <br />conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in <br />California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in <br />California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited <br />to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190- <br />190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or <br />236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, <br />273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, <br />311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), <br />664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and <br />Professions Code Section 729. Failure to comply with this Section shall be grounds for <br />immediate termination of this Agreement. <br />15. NON-DISCRIMINATION <br />Provider shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, gender identity, gender expression, gender, medical conditions, genetic <br />information, or military and veteran status, age, national origin, ancestry, or disability, as defined <br />and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, <br />promotion, termination or other employment related activities or any services provided under <br />this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with <br />all applicable federal, state and local laws and regulations. <br />16. 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 <br />be brought or arise out of, in connection with or by reason of this Agreement. <br />17. 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 <br />Page 7 of 9 <br />