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<br />City of Suuuy Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />If any audit has bcen initiatcd and audit findings have not been rcsolved at the end of thc <br />retention period or three (3) years, whichever is longer, thc books, rccords, and accounts shall <br />be retained until resolution of the audit findings. If the Florida Public Records Act is <br />determincd by CITY to be applicable to ARTIST'S records, ARTIST shall comply with all <br />requirements thereof; howcver, no confidentiality or non-disclosure requirement of either <br />federal or state law shall bc violated by CITY or ARTIST. <br /> <br />10.2 NONDlSCRIMlNA TION, EOUAL EMPLOYMENT OPPORTUNITY, and AMERICANS <br />WITH DlSAI3ILITIES ACT <br /> <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 affirmativcly comply with all applicable provisions of thc Americans with <br />Disabilities Act (ADA) in the course ofpl"Jviding 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, dcmotion, <br />transfer, recruitment or recruitment advertising. layoff, termination, rates of pay, other forms <br />ofcompcnsation, tcrms and conditions ofcmployment, training (including apprenticeship), <br />and accessibility. <br /> <br />ARTIST'S decisions regarding thc delivcry of services undcr this Agreemcnt shall be made <br />without regard to or consideration of race, age, religion, color, gendcr, sexual orientation, <br />national origin, marital status, physical or mcntal disability, political affiliation, or any other <br />factor which cannot bc lawfully used as a basis for service dclivery. <br /> <br />ARTIST shall not engagc in or commit any discriminatory practice in violation ofthc Miami <br />Beach Human Rights Ordinance in performing any scrvices pursuant to this Agreement. <br /> <br />10.3 PUBLIC ENTITY CRIMES ACT <br /> <br />ARTIST reprcsents that the exccution of this Agreement will not violatc the Public Entity <br />Crimes Act (Fla. Stat. 9287.133), which essentially providcs that a person or affiliate who is <br />a contractor, consultant or other provider and who has been placed on the convicted vendor <br />list following a conviction for a Public Entity Crimc may not submit a bid on a contract to <br />provide any goods or services to CITY, may not submit a bid on a contract with CITY for the <br /> <br />10 <br /> <br />C0607-044 Butterfly Artist Agreement <br /> <br />~,:~ 1 '" <br />O'l V .~ <br />\... ..J <br />