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<br />ARTICLE 10
<br />MISCELLANEO US
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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
<br />related to this Project. ARTIST shall keep such books, records, and accounts as may be
<br />necessary in order to record complete and 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
<br />CITY, all financial records, suppOliing documents, statistical records, and any other
<br />documents pertinent to this Agreement for the required retention period of the Florida Public
<br />Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is
<br />not applicable, for a minimum period of three (3) years after termination of this Agreement.
<br />If any audit has been initiated and audit findings have not been resolved at the end of the
<br />retention period or three (3) years, whichever is longer, the books, records, and accounts shall
<br />be retained until resolution of the audit findings. If the Florida Public Records Act is
<br />determined by CITY to be applicable to ARTIST'S records, ARTIST shall comply with all
<br />requirements thereof; however, no confidentiality or non-disclosure requirement of either
<br />federal or state law shall be violated by CITY or ARTIST.
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<br />10.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, and AMERICANS
<br />WITH DISABILITIES ACT
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<br />ARTIST shall not unlawfully discriminate against any person in its operations and activities
<br />or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
<br />ARTIST shall affirmatively comply with all applicable provisions of the Americans with
<br />Disabilities Act (ADA) in the course of providing any services funded by CITY, including
<br />Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all
<br />applicable regulations, guidelines, and standards. In addition, ARTIST shall take affirmative
<br />steps to ensure nondiscrimination in employment against disabled persons. Such actions
<br />shall include, but not be limited to, the following: employment, upgrading, demotion,
<br />transfer, recruitment or recruitment adveliising, layoff, termination, rates of pay, other forms
<br />of compensation, terms and conditions of employment, training (including apprenticeship),
<br />and accessibility.
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<br />ARTIST'S decisions regarding the delivery of services under this Agreement shall be made
<br />without regard to or consideration of race, age, religion, color, gender, sexual orientation,
<br />national origin, marital status, physical or mental disability, political affiliation, or any other
<br />factor which cannot be lavvfully used as a basis for service delivery.
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<br />ARTIST shall not engage in or commit any discriminatory practice in violation of the Miami
<br />Beach Human Rights Ordinance in performing any services pursuant to this Agreement.
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