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<br />of the Work, and until 5 years after the date of final payment by the City to Contractor pursuant
<br />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
<br />discloses overcharges in excess of 1 % except negotiated fees by the Contractor to the City, the
<br />actual cost of the City's audit shall be paid by the Contractor. If the audit discloses contract
<br />billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to
<br />the City said sum within 20 days of receipt of a written demand unless otherwise agreed to
<br />by both parties in writing.
<br />
<br />ARTICLE 41, COMPLIANCE WITH LAWS. NONDISCRIMINATION. EQUAL
<br />EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT
<br />
<br />41.1 Contractor shall comply with all applicable laws, codes, ordinances, rules,
<br />regulations and resolutions and all applicable guidelines and standards in performing
<br />its duties, responsibilities, and obligations related to this Agreement, including specifically,
<br />but without limitation, where applicable, the Contract Work Hours and Safety-Standards
<br />Act, the Lead-Based Paint Poisoning Prevention Act and any other laws, ordinances and
<br />regulations made applicable to this Agreement by the Contract Documents or the source of
<br />funds.
<br />
<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 hislher race, color, sex, religion, age, handicap, marital status or national origin, be
<br />excluded from participation in, be denied services, or be subject to discrimination under any
<br />provision of this Agreement.
<br />
<br />41,3 Contractor shall affirmatively comply with all applicable provisions of the Americans
<br />with Disabilities Act (ADA) in the course of providing any services funded by the City,
<br />including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and
<br />all applicable regulations, guidelines, and standards. In addition, Contractor shall take
<br />affirmative steps to ensure nondiscrimination in employment against disabled persons.
<br />
<br />ARTICLE 42, INDEPENDENT CONTRACTOR
<br />
<br />Contractor is an independent contractor under this Agreement. Services provided by Contractor
<br />or on Contractor's behalf pursuant to this Agreement shall be subject to the supervision of
<br />Contractor. In providing such services, neither Contractor nor its agents shall act as officers,
<br />
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