|
b. City acknowledges Consultant may use subcontractors to provide installation, repair, fire
<br />engineering, inspections, monitoring or alarm response services. Nothing in this Agreement
<br />shall be construed to limit the City's ability to have any of the services which are the subject
<br />to this Agreement performed by City personnel or by other consultants retained by City.
<br />15. TERMINATION
<br />This Agreement may be terminated by the City upon thirty (30) days written notice of
<br />termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
<br />compensation for all services performed by Consultant prior to receipt of such notice of termination,
<br />subject to the following conditions:
<br />a. As a condition of such payment, the Executive Director may require Consultant to deliver to
<br />the City all work product completed as of such date, and in such case such work product
<br />shall be the property of the City unless prohibited by law, and Consultant consents to the
<br />City's use thereof for such purposes as the City deems appropriate.
<br />b. Payment need not be made for work which fails to meet the standard of performance
<br />specified in the Recitals of this Agreement.
<br />16. DISCRIMINATION
<br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
<br />law, in the recruitment, selection, training, utilization, promotion, termination or other employment related
<br />activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
<br />federal, state and local laws and regulations.
<br />17. 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 Orange
<br />County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in
<br />connection with or by reason of this Agreement.
<br />18. PROFESSIONAL LICENSES
<br />a. 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
<br />California, the City of Santa Ana and all other governmental agencies. Consultant shall
<br />notify the City immediately and in writing of its inability to obtain or maintain such permits,
<br />licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination
<br />of this Agreement.
<br />Consultant warrants and represents that it possesses (and will continue to possess
<br />throughout the term of this Agreement) all individual and corporate licenses required to
<br />provide the products and/or services provided, products sold and/or licensed and forms
<br />utilized pursuant to this Agreement are (and will remain throughout the term of this
<br />Agreement) in compliance with all federal and state laws and regulations. City agrees that
<br />in the event one or more municipal permits is required for the operation of the alarm/security
<br />system, all such permits will be acquired and paid for by City.
<br />
|