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fees.
<br />ARTICLE 37. AUDIT RIGHTS
<br />37.1 Contractor's records which shall include but not be limited to accounting records, payroll
<br />time sheets, cancelled payroll checks, W -2's, 1099's, written policies and procedures, computer
<br />records, disks and software, videos, photographs, subcontract files, originals estimates,
<br />estimating worksheets, correspondence, change order files (including documentation covering
<br />negotiated settlements), and any other supporting evidence necessary to substantiate charges
<br />related to this Agreement (all the foregoing hereinafter referred to as "records ") shall be open
<br />to inspection and subject to audit and /or reproduction, during normal working hours, by
<br />the City to the extent necessary to adequately permit evaluation and verification of any invoices,
<br />payments or claims submitted by the Contractor or any of his payees pursuant to the execution of
<br />the Agreement. Such records subject to examination shall also include, but not be limited to, those
<br />records necessary to evaluate and verify direct and indirect costs (including overhead allocations)
<br />as they may apply to costs associated with this Agreement.
<br />37.2 Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119,
<br />shall be kept in accordance with such statute. Otherwise, for the purpose of such audits,
<br />inspections, examinations and evaluations, the City shall have access to said records from the
<br />effective date of this Agreement, for the duration of the Work, and until 5 years after the date of
<br />final payment by the City to Contractor pursuant to this Agreement.
<br />37.3 The City's agent or its authorized representative shall have access to the Contractor's
<br />facilities, shall have access to all necessary records, and shall be provided adequate and
<br />appropriate work space, in order to conduct audits in compliance with this provision. The City
<br />or its authorized representative shall give auditees reasonable advance notice of intended
<br />audits.
<br />37.4 If an audit inspection or examination in accordance with this Article discloses
<br />overcharges in excess of 1% except negotiated fees by the Contractor to the City, the actual cost
<br />of the City's audit shall be paid by the Contractor. If the audit discloses contract billing or charges
<br />to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum
<br />within 20 days of receipt of a written demand unless otherwise agreed to by both parties in
<br />writing.
<br />ARTICLE 38. COMPLIANCE WITH LAWS, NONDISCRIMINATION, EQUAL
<br />EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT
<br />38.1 Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations
<br />and resolutions and all applicable guidelines and standards in performing its duties,
<br />responsibilities, and obligations related to this Agreement, including specifically, but without
<br />limitation, where applicable, the Contract Work Hours and Safety - Standards Act, the Lead -
<br />Based Paint Poisoning Prevention Act and any other laws, ordinances and regulations made
<br />applicable to this Agreement by the Contract Documents or the source of funds.
<br />38.2 Contractor warrants and represents that it does not and will not engage in discriminatory
<br />practices and that there shall be no discrimination in connection with Contractors performance
<br />under this Agreement on account of race, color, sex, religion, age, handicap, marital status or
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