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<br />ARTICLE 10
<br />MISCELLANEOUS
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<br />10,1 AUDIT RIGHT AND RETENTION OF RECORDS
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<br />CITY shall have the right to audit the books, records, and accounts of ARTIST that are related to this Project.
<br />ARTIST shall keep such books, records, and accounts as may be necessary in order to record complete and
<br />correct entries related to the Project.
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<br />ARTIST shall preserve and make available, at reasonable times for examination and audit by CITY, all financial
<br />records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the
<br />required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the
<br />Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this
<br />Agreement. If any audit has been initiated and audit fmdings have not been resolved at the end of the retention
<br />period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution
<br />of the audit findings. If the Florida Public Records Act is determined by CITY to be applicable to ARTIST's
<br />records, ARTIST shall comply with all requirements thereof; however, no confidentiality or non-disclosure
<br />requirement of either federal or state law shall be violated by CITY or ARTIST.
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<br />10.2 NONDISCRIMINATION. EQUAL EMPLOYMENT OPPORTUNITY. and AMERICANS WITH
<br />DISABILITIES ACT
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<br />ARTIST shall not unlawfully discriminate against any person in its operations and activities or in its use or
<br />expenditure offunds in fulfilling its obligations under this Agreement. ARTIST shall affirmatively comply with
<br />all applicable provisions ofthe Americans with Disabilities Act (ADA) in the course of providing any services
<br />funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability),
<br />and all applicable regulations, guidelines, and standards. In addition, ARTIST shall take affIrmative steps to
<br />ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be
<br />limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
<br />layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training
<br />(including apprenticeship), and accessibility.
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<br />ARTIST's decisions regarding the delivery of services under this Agreement shall be made without regard to or
<br />consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or
<br />mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service
<br />delivery,
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<br />ARTIST shall not engage in or commit any discriminatory practice in violation of the Miami Beach Human
<br />Rights Ordinance in performing any services pursuant to this Agreement.
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<br />10.3 PUBLIC ENTITY CRIMES ACT
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<br />ARTIST represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Fla. Stat.
<br />~287 .133), which essentially provides that a person or affIliate who is a contractor, consultant or other provider
<br />and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not
<br />submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with
<br />CITY for the construction or repair of a public building or public work, may not submit bids on leases of real
<br />property to CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
<br />under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount
<br />provided in Section 287,017, Florida Statutes, for category two purchases for a period of36 months from the
<br />date of being placed on the convicted vendor list. Violation of this section shall result in termination of this
<br />Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive
<br />procurement activities.
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