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a. As a condition of such payment, the Executive Director may require Consultant to <br /> deliver to the City all work product completed as of such date, and in such case <br /> such work product shall be the property of the City unless prohibited by law, and <br /> Consultant consents to the City's use thereof for such purposes as the City deems <br /> appropriate. <br /> b. Payment need not be made for work which fails to meet the standard of <br /> performance specified in the Recitals of this Agreement. <br /> 18. NON-DISCRIMINATION <br /> Consultant shall not discriminate because of race, color, creed, relation, sex, marital <br /> status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited <br /> by applicable law, in the recruitment, selection,training, utilization,promotion, termination or <br /> other 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 /> 19. 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 /> 20. 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 /> hereunder and required by the laws and regulations of the United States, the State of California, <br /> the City of Santa Ana and all other governmental agencies. Consultant shall notify the City <br /> immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, <br /> waivers, and exemptions. Said inability shall be cause for termination of this Agreement. <br /> 21. FUNDING-RELATED PROVISIONS <br /> Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local <br /> Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery <br /> Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As <br /> applicable, Consultant shall comply with all federal requirements including, but not limited to, <br /> the following, all of which are expressly incorporated herein by reference: <br /> a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the <br /> American Rescue Plan Act of 2021 (the "Act"); <br /> 8 <br />