FULL AGENDA PACKET_2021-04-06 - Laserfiche WebLink

Home Browse Search

16. TERMINATION this Agreement may be tenrtinaled by the City upon thirty (30) days wtinen notice of Lermination- In such event, Consultam shall be entitled to receive and the City shall pay Consultant uampcosauon for all services pertirrmcel by Consultant prior to [-Cecil)[ of such notice of tcrtnination, subject to the following conditions: a. As a condition of such payment, the Fxecutive Director may require Consultant to deliver to the City all work product atrnplCtecl as of NUCII date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made lirr work which fails to meet the standard of performance specified in the Recitals of this Agreement. 1T NON-DISCRIMINATION Consultant shall not discriminate beeatt]C of race, color, creed, relation, scx, marital stains, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, Scloetion, training, utilization, promotion, tcrtnination or other employment related activities or in comtection Willi any aclivitiea under lhis Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable tcderal, slate and local laws and regulations. 18. JURISDICTION -VENUE This Aprccmcnt has been executed and delivered in the Stale of California and the validity, imerpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State Of California. Both patties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out nf, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the tern of lhis Agreement, maintain all necessary licenses, pertttits, approvals, Wa1Ve-s, and exemptions necessary for the provision of the sctviccs hereunder and required by the laws and rcbntlations of the United States, the State Of California, die City of Santa Ana and all Other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions- Said inability shall be Cause for termination of this Agreemrent- 211. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants thal its signature herein below has the power, authority and right to bind their respcetivC parties to each of the lams of this Agreement, and shall indemnify City fully, including reasonable costs and City Council 30 — 14 416/2021 Pagc 7 of 9