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STATE OF CALIFORNIA Contract No: 75LX204 DEPARTMENT OF TRANSPORTATION Sheet 5 of 10 November 1, 2011 26. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of the Department in the form of a formal written amendment. 27. AUDIT: Local Agency agrees that the Department or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Local Agency agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 28. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be killed injured or damaged except to the extent that such death injury or damage results from the sole or active negligence of Department. 29. DISPUTES: Local Agency shall continue with the responsibilities under this Contract during any dispute. 30. TERMINATION FOR CAUSE: The Department may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination the Department may proceed with the work in any manner deemed proper by the Department. All costs to the Department shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand. 31, INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the Department or State. 32. NON - DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the, evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and ,subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in APPROVED: Caltrans Legal mg 03/2010 affivto vim