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9. CITY AUDIT: MONITORING. City may audit the records and accounts of
<br /> Contractor for the purpose of verifying expenditures by Contractor of funds provided by
<br /> City pursuant to this Agreement or verifying statements or analyses made or provided
<br /> by Contractor under this Agreement. Contractor will promptly respond to, and comply
<br /> with, any audit exception made or taken by City relating to Contractor's perFormance or
<br /> failure to perForm under this Agreement. Contractor will, upon demand by City, pay City
<br /> the full amount owing to City as a result of any such audit exception.
<br /> City will monitor Contractor's Program and expenditures made pursuant to this
<br /> agreement annually to verify Contractor's compliance with this Agreement and local
<br /> contract requirements. Contractor shall cooperate with City and provide all documents
<br /> and information requested by City in a timely and accurate fashion.
<br /> 10. CONTRACTOR'S STATUS. In the performance of the obligations set
<br /> forth in this agreement, Contractor shall have the status of an independent contractor
<br /> and shall not be deemed to be an employee, agent or officer of City.
<br /> 11. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and
<br /> save harmless City, its Council, officers, boards, commissions, agents and employees
<br /> (collectively, "Indemnitees") against and from any and all claims, suits or actions of
<br /> every name, kind and description, which may be brought against Indemnitees, or any of
<br /> them, by reason of any injury to, or death of, any person (including corporations,
<br /> partnerships and association) or damage suffered or sustained by any such person or
<br /> property damage (including loss of use thereof) arising from, or alleged to have arisen
<br /> from, any act or omission to act, negligent or othenivise, of Contractor, its officers,
<br /> agents or employees under this agreement.
<br /> The duty of Contractor to defend, indemnify and save harmless, as set forth
<br /> herein, will include the duty to defend as set forth in Section 2778 of the California Civil
<br /> Code; provided, however, that nothing herein will be construed to require Contractor to
<br /> indemnify Indemnitees against any responsibility or liability in contravention of Section
<br /> 2782 of the Califomia Civil Code. This Paragraph 11 shall survive the termination of
<br /> this Agreement.
<br /> 12. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor
<br /> warrants and agrees it will not discriminate against any persons seeking services or
<br /> employment under this agreement because of their age (except upon the basis of bona
<br /> fide occupational qualification, retirement plan or statutory requirement), disability
<br /> status, race, color, religion, sex or national origin in the provision of services or
<br /> extension of employment opportunities under the Agreement. Contractor further
<br /> warrants and agrees that it will comply with relevant local, state and Federal non-
<br /> discrimination ordinances, statutes, and regulations pertaining to non-discrimination and
<br /> equal opportunity, including but not limited to, Title VI of the Civil Rights Act of 1964 as
<br /> amended, Title VIII of the Civil Rights act of 1968 as amended, Section 104(b) and
<br /> Section 109 of Title 1 of the Housing and Community Development Act of 1974 as
<br /> amended, Section 504 of the Rehabilitation Act of 1973, The Americans with
<br /> Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063,
<br /> and Executive Order 11246 as amended by Executive Orders 11375, 11478, and
<br /> REV:06-17-16 FF
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<br /> ATTY/AGR.2016.13116ay Area Legal Aid
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