Reso 2014-2264 - Laserfiche WebLink

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federal. state or local lays, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Agreement shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. ARTICLE 38. AUDIT RIGHTS 38.1 Contractor's records which shall include but not be limited to accounting records, payroll time sheets, cancelled payroll checks. W-2's. 1099's. written policies and procedures, computer records. disks and software. videos. photographs, subcontract files, originals estimates. estimating worksheets. correspondence. change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement (all the foregoing hereinafter referred to as "records ") shall be open to inspection and subject to audit and /or reproduction, during normal working hours. by the City to the extent necessary to adequately permit evaluation and verification of any invoices. payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the Agreement. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this Agreement. 38.2 Records subject to the provisions of Public Record Law. Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections. examinations and evaluations. the City shall have access to said records from the effective date of this Agreement, for the duration of the Services, and until 5 years after the date of final payment by the City to Contractor pursuant to this Agreement. 38.3 The City's agent or its authorized representative shall have access to the Contractor's facilities. shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this provision. The City or its authorized representative shall give auditees reasonable advance notice of intended audits. 38.4 If an audit inspection or examination in accordance with this Article discloses overcharges in excess of I % except negotiated fees by the Contractor to the City. the actual cost of the Citv`s audit shall be paid by the Contractor. If the audit discloses contract billing or charges to which Contractor is not contractually entitled. Contractor shall pay over to the City said sum within Twenty (20) days of receipt of a written demand by the City Manager or his designee, unless otherwise agreed to by both parties in writing. ARTICLE 39. COMPLIANCE WITH LAWS, NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT 39.1 Contractor shall comply with all applicable lays, codes, ordinances. rules, regulations and resolutions and all applicable guidelines and standards in performing its duties. t>v