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(a) <br />shall have the right to withhold all or a portion of Consultant's compensation for <br />Agreement services if, in the judgment of the projects manager or designee, the level of <br />service falls below appropriate standards and /or Consultant fails to satisfactorily perform <br />Agreement services. City shall have the right to retain funds withheld until the projects <br />manager or designee determines that Agreement services are performed as well and as <br />frequently as required by this agreement. <br />J. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS <br />Consultant shall perform all requirements under this Agreement in strict observance of and <br />in compliance with all applicable environmental, traffic, safety and any other laws, <br />regulations, ordinances, codes and any other legislative or statutory requirements. <br />2. Consultant warrants that the performance of services under this Agreement shall be <br />compliant with the current requirements of the Highway Safety Grant Management Manual <br />and as it may be amended or updated throughout the term of this Agreement. <br />3. Consultant certifies that it shall comply with the following regulations, as required by the <br />State of California Office of Traffic Safety: <br />a. Audit Records - With respect to all matters covered by this agreement all records <br />shall be made available for audit and inspection by the City, the grant agency <br />and /or their duly authorized representatives for a period of four (4) years from the <br />termination of this Agreement. For a period of three years after final delivery <br />hereunder or until all claims related to this Agreement are finally settled, <br />whichever is later, Consultant shall preserve and maintain all documents, papers <br />and records relevant to the services provided in accordance with this Agreement, <br />including the Attachments hereto. For the same time period, Consultant shall <br />make said documents, papers and records available to City and the agency from <br />which City received grant funds or their duly authorized representative(s), for <br />examination, copying, or mechanical reproduction on or off the premises of <br />Consultant, upon request during usual working hours. <br />b. Consultant shall provide to City all records and information requested by City for <br />inclusion in quarterly reports and such other reports or records as City may be <br />required to provide to the agency from which City received grant funds or other <br />persons or agencies. <br />C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of <br />federal funds must comply with Section 504 of the Rehabilitation Act of 1973 <br />(The Act). Therefore, the federal funds recipient pursuant to the requirements of <br />The Act hereby gives assurance that no otherwise qualified handicapped person <br />shall, solely by reason of handicap be excluded from the participation in, be <br />denied the benefits of or be subject to discrimination, including discrimination in <br />employment, in any program or activity that receives or benefits from federal <br />financial assistance. The Consultant agrees it will ensure that requirements of <br />The Act shall be included in the agreements with and be binding on all of its <br />contractors, subcontractors, assignees or successors. <br />d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all <br />requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. <br />City of Santa Ana RFP 16 -137 <br />250:1741 <br />