FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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Aurectnent performed by City personnel or by other Consultants retained by City- 16. WAIVFR No waiver of breach, Iailure of any condilion, or any right or remedy conwined in or granted by the provisions of Lhis Agreement shall be eflective unless it is in writing and signed by the party waiving the brcu;h, failure, right or remedy- No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing SO specifies. 17. 'ILRMINAI'1(.)N This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City steal I pay Consultant compensation Ibr all services performed by Consultant prior to receipt of such notice of Lerntination, subject to the Ibllowing conditions: a. As a condition of such payment, the Lxecutive Director may require Consultant to deliver to the City all work product completed as of such date, and in such cave such work product shall be the. property of the City unless prohibited by law, and C0115tthain CUtlsetils to the City's use thereof for such putposcs as the City deems appropriate. b. Payment need not be made for work which tails to meet the standard of pertiannance specified in Lhe Recitals of Lhis Agreement. 18. NON-DISCRINIINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual OtlentatiOn, age, national origin, ancestry, or disability, as defined and prohibited by applicable la", in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirm, that it is an equal Opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, inlCprclatitm, pci-fmmanec, and caalbrecmcaat of any of the clauses of this Agrecanenl shall be. determined and governed by the laws of the State of California- Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise Out of, in connection with or by reason of this Agreement. 20. PROTFSSMNAL LICENSES Consultant shall, throunhout the term of this Aorcenrent, maintain all neecssary Iicense5, City Council 21 — 10 716/2021 Pagc 7 o I' 8