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22. Retention of Records. Right to Monitor and Audit.
<br />(a) CONTRACTOR shall maintain all required records for three (3) years after the DISTRICT makes final
<br />payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the
<br />District, a Federal grantor agency, and the State of California.
<br />(b) Reporting and Record Keeping: CONTRACTOR shall comply with all program and fiscal reporting
<br />requirements set forth by appropriate Federal, State and local agencies, and as required by the DISTRICT.
<br />(c) CONTRACTOR agrees to provide to DISTRICT, to any federal or state department having monitoring or
<br />review authority, to DISTRICT's authorized representatives, and/or their appropriate audit agencies upon
<br />reasonable notice, access to and the right to examine information reasonably required to determine compliance
<br />with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the
<br />quality, appropriateness and timeliness of services performed. I
<br />23. Non -Discrimination. Contractor shall ensure equal employment opportunity based on objective standards of
<br />recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations
<br />for all employees under this Agreement. Contractor's equal employment policies shall be made available to District
<br />upon request. There shall be no discrimination against any person under this Agreement because of race, color,
<br />national origin, age, ancestry, age, disability (physical or mental), religion, sex, sexual orientation, gender identity,
<br />marital or domestic partner status, political beliefs or affiliation, familial or parental status (including pregnancy),
<br />medical condition (cancer -related), military service, or genetic information of such persons. Further, Contractor shall
<br />comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified
<br />handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the
<br />benefits of, or be subjected to discrimination in the performance of this Agreement. This Section applies only to
<br />contractors who are providing services to members of the public under this Agreement.
<br />24. Attorney Fees. If any legal action is taken to enforce the terms of this Agreement, each party shall bear its own legal
<br />expenses related to such action.
<br />25. Liability of District. Notwithstanding anything stated herein to the contrary, District shall not be liable for any
<br />special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this
<br />Agreement.
<br />26. Time. Time is of the essence to this Agreement.
<br />27. Waiver. No delay or omission by District or Contractor in exercising any right under this Agreement shall operate
<br />as a waiver of that or any other right and no single or partial exercise of any right shall preclude the District from
<br />any or further exercise of any right or remedy.
<br />28. Entire Agreement. This Agreement, including Exhibits and Attachments attached hereto and incorporated herein by
<br />reference, is intended by the parties as the final expression of their agreement with respect to such terms as are
<br />included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of
<br />any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of
<br />consistent additional terms.
<br />29. Ambiguity. The parties to this Agreement, and each of them, hereby represent that the language contained herein is
<br />to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of
<br />ambiguity, all parties shall be treated as equally responsible for such ambiguity.
<br />6/19/2019 TC - RWC 2020 Cone
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