|
2.85 of the County's Ordinance Code." The requirements of Chapter 2.85 do not apply if this Agreement's
<br />total value listed Section 3, above, is less than one -hundred thousand dollars ($100,000), but Contractor
<br />acknowledges that Chapter 2.85's requirements will apply if this Agreement is amended such that its total
<br />value meets or exceeds that threshold amount.
<br />15. Retention of Records: Right to Monitor and Audit
<br />(a) Contractor shall maintain all required records relating to services provided under this Agreement for
<br />three (3) years after County makes final payment and all other pending matters are closed, and Contractor
<br />shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of
<br />California.
<br />(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable
<br />Federal, State, and local agencies and as required by County.
<br />(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department
<br />having monitoring or review authority, to County's authorized representative, and/or to any of their
<br />respective audit agencies access to and the right to examine all records and documents necessary to
<br />determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine
<br />compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services
<br />performed.
<br />16. Merger Clause: Amendments
<br />This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by
<br />reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights,
<br />duties, and obligations of each party as of this document's date. In the event that any term, condition,
<br />provision, requirement, or specification set forth in the body of this Agreement conflicts with or is
<br />inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or
<br />Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior
<br />agreement, promises, negotiations, or representations between the parties not expressly stated in this
<br />document are not binding. All subsequent modifications or amendments shall be in writing and signed by
<br />the parties.
<br />17. Controllinq Law: Venue
<br />The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement,
<br />the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature
<br />arising out of this Agreement shall be governed by the laws of the State of California without regard to its
<br />choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in
<br />the San Mateo County Superior Court or in the United States District Court for the Northern District of
<br />California.
<br />18. Notices
<br />Any notice, request, demand, or other communication required or permitted under this Agreement shall be
<br />deemed to be properly given when both: (1) transmitted via facsimile to the facsimile number listed below
<br />or transmitted via email to the email address listed below•, and (2) sent to the physical address listed below
<br />by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery,
<br />City of8edwood City and County of San Mateo CSA -8 Garfield School Landscaping—August 1, 2016
<br />REV: 12-19-16 JS
<br />ATTY/2016.332/COUNTY OF SAN MATEO
<br />Page 7
<br />
|