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19. NONDISCRIMINATION <br />Consultant shall not discriminate because of race, color, creed, religion, sex., marital states, sexual <br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the <br />recruitment, selection, training, utilization, promotion, termination or other employment related activities <br />or in connection with any activities under this Agreement, Consultant affirms that it is an equal opportunity <br />employer and shall comply with all applicable federal, state and local laws and regulations. <br />20, BACKGROUND INVESTIGATIONS <br />Unless exempted by the City, Consultant will conduct a background check on each candidate (after the <br />candidate's conditional acceptance by the City and prior to the start of any engagement with the City). <br />Contract service personnel and consultants on assignment with or in support of the Santa Ana Police <br />Department ("SAPD") will be required to pass an SAPD background investigation prior to beginning work <br />with SAPD. .Full name, address, phone number, birth date, Social Security number and driver's license <br />numbers must be furnished to the City upon request. An application :For SAPD background must be <br />completed by each prospective contract service person who will be providing on-site services to SAPD. <br />21. OVERTIME AND HOLIDAYS <br />The City will pay only straight thne (i.e. no increase in effective hourly billing rate) for all hours worked <br />under this Agreement. Overtime will be considered as any time in excess of"the City's scheduled work <br />week. The City will pay only for hours in excess of a norinal schedule when authorized in advance by the <br />City's Information Technology Director or a designated manager and then only at a straight time rate. The <br />City does not provide compensation for temporary technology contract service personnel or technology <br />consultants for holidays unless they are required to work on a City holiday and their work time has been <br />prior approved by the City's Information Technology Director or a designated manager and then only at a <br />straight time rate. <br />22. 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 determined <br />and governed by the laws of the State of California. Both parties further agree that Orange County, <br />California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection <br />with or by reason of this Agreement. <br />23. PROFESSIONAL LICENSES <br />Consultant shall, throughout the tenn of this Agreement, maintain all necessary licenses, permits, <br />approvals, waivers, and exemptions accessary for the provision of the services hereunder and required by <br />the laws and regulations of the United States, the State of California, the City of Santa Ana and all other <br />governmental agencies. Consultant shall notifythe City immediately and in writing of its inability to obtain <br />or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability ,shall be cause for <br />termination of this Agreement. <br />