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ARTICLE 40. AUDIT RIGHTS
<br /> 40.1 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, electronic records, disks and software, videos, photographs, subcontract files,
<br /> originals estimates, estimating worksheets, correspondence, change order files (including
<br /> documentation covering negotiated settlements), and any other supporting evidence necessary
<br /> to substantiate charges related to, or Work performed under, this Agreement (all the
<br /> foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit
<br /> and/or reproduction, during normal working hours, by the City to the extent necessary to
<br /> adequately permit evaluation and verification of any invoices, payments or claims submitted by
<br /> the Contractor or any of his payees pursuant to the execution of the Agreement. Such records
<br /> subject to examination shall also include, but not be limited to, those records necessary to evaluate
<br /> and verify direct and indirect costs (including overhead allocations) as they may apply to costs
<br /> associated with this Agreement.
<br /> 40.2 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 /> 40.3 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 /> 40.4 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 41. COMPLIANCE WITH LAWS, NONDISCRIMINATION, EQUAL
<br /> EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT
<br /> 41.1 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 /> 41.2 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
<br /> national origin. Contractor further covenants that no otherwise qualified individual shall, solely
<br /> by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be
<br /> C5966-1516-082 SOUTHERN UNDERGROUND INDUSTRIES.INC. 22
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