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<br />EXHIBIT 1 <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 />and required by the laws and regulations of the United States, the State of California, the City of <br />Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and <br />in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and <br />exemptions. Said inability shall be cause for termination of this Agreement. <br />25.STATEMENT OF COMPLIANCE <br />a.Consultant’s signature affixed herein, and dated, shall constitute a certification <br />under penalty of perjury under the laws of the State of California that Consultant <br />has, unless exempt, complied with, the nondiscrimination program requirements of <br />Government Code Section 12990 and Title 2, California Administrative Code, <br />Section 8103. <br />b.During the performance of this Agreement, Consultant and its subconsultants shall <br />not unlawfully discriminate, harass, or allow harassment against any employee or <br />applicant for employment because of sex, race, color, ancestry, religious creed, <br />national origin, physical disability (including HIV and AIDS), mental disability, <br />medical condition (e.g., cancer), age (over 40), marital status, and denial of family <br />care leave. Consultant and subconsultants shall insure that the evaluation and <br />treatment of their employees and applicants for employment are free from such <br />discrimination and harassment. Consultant and subconsultants shall comply with <br />the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) <br />City of Santa Ana RFP 21-110 <br />Page A2-11