Agmt16 HSFA Fresh Lifelines for Youth, Inc (FLY)

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Nothing contained in this paragraph 8 shall be deemed to limit the right of the Parties to terminate this agreement for cause or otherwise to exercise any right or pursue any remedy which may accrue to them. 9. CITY AUDIT; MONITORING. City may audit the records and accounts of Contractor for the purpose of verifying expenditures by Contractor of funds provided by City pursuant to this Agreement or verifying statements or analyses made or provided by Contractor under this Agreement. Contractor will promptly respond to, and comply with, any audit exception made or taken by City relating to Contractor's performance or failure to perform under this Agreement. Contractor will, upon demand by City, pay City the full amount owing to City as a result of any such audit exception. City will monitor Contractor's Program and expenditures made pursuant to this agreement annually to verify Contractor's compliance with this Agreement and local contract requirements. Contractor shall cooperate with City and provide all documents and information requested by City in a timely and accurate fashion. 10. CONTRACTOR'S STATUS. In the perFormance of the obligations set forth in this agreement, Contractor shafl have the status of an independent contractor and shall not be deemed to be an employee, agent or officer of City. 11. HOLD HARMLESS. Gontractor hereby agrees to defend, indemnify and save harmless City, its Council, officers, boards, commissions, agents and employees (collectively, "Indemnitees") against and from any and all claims, suits or actions of every name, kind and description, which may be brought against Indemnitees, or any of them, by reason of any injury to, or death of, any person (including corporations, partnerships and association) or damage suffered or sustained by any such person or property damage (including loss of use thereof) arising from, or alleged to have arisen from, any act or omission to act, negligent or otherwise, of Contractor, its officers, agents or employees under this agreement. The duty of Contractor to defend, indemnify and save harmless, as set forth herein, will include the duty to defend as set forth in Section 2778 ofi the California Civil Code; provided, however, that nothing herein will be construed to require Contractor to indemnify Indemnitees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. This Paragraph 11 shall survive the termination of this Agreement. 12. NON-DISCRIMINATION AND EQUAL 4PPORTUNITY. Contractor warrants and agrees it will not discriminate against any persons seeking services or employment under this agreement because of their age (except upon the basis of bona fide occupational qualification, retirement plan or statutory requirement), disability status, race, color, religion, sex or national origin in the provision of services or extension of employment opportunities under the Agreement. Contractor further warrants and agrees that it will comply with relevant local, state and Federal non- discrimination ordinances, statutes, and regulations pertaining to non-discrimination and REV:06-21-16 FF Page 3 of 7 ATTY/AGR.2016.141/Fresh Lifelines for Youth