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<br />41.2 Records subject to the provIsIOns of Public Record Law, Florida Statutes
<br />Chapter 119, shall be kept in accordance with such statute. Otherwise, for the
<br />purpose of such audits, inspections, examinations and evaluations, the City's agent or
<br />authorized representative shall have access to said records from the effective date of
<br />this Agreement, for the duration of the Work, and until 5 years after the date of final
<br />payment by the City to Contractor pursuant to this Agreement.
<br />
<br />41.3 The City's agent or its authorized representative shall have access to the
<br />Contractor's facilities, shall have access to all necessary records, and shall be
<br />provided adequate and appropriate work space, in order to conduct audits in
<br />compliance with this provision. The City or its authorized representative shall give
<br />auditees reasonable advance notice of intended audits.
<br />41.4 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
<br />City, the actual cost of the City's audit shall be paid by the Contractor. If the audit
<br />discloses contract billing or charges to which Contractor is not contractually entitled,
<br />Contractor shall pay over to the City said sum within twenty (20) days of receipt of a
<br />written demand unless otherwise agreed to by both parties in writing.
<br />
<br />ARTICLE 42. COMPLIANCE WITH LA WS, NONDISCRIMINATION, EQUAL
<br />EMPLOYMENT OPPORTUNITY, AND ADA ACT
<br />
<br />42.1 Contractor shall comply with all applicable laws, codes, ordinances, rules,
<br />regulations and resolutions and all applicable guidelines and standards in
<br />performing its duties, responsibilities, and obligations related to this Agreement,
<br />including specifically, but without limitation, where applicable, the Contract Work
<br />Hours and Safety-Standards Act, the Lead-Based Paint Poisoning Prevention Act and
<br />any other laws, ordinances and regulations made applicable to this Agreement by the
<br />Contract Documents or the source of funds.
<br />
<br />42.2 Contractor warrants and represents that it does not and will not engage in
<br />discriminatory practices and that there shall be no discrimination in connection with
<br />Contractors performance under this Agreement on account of race, color, sex, religion,
<br />age, handicap, marital status or national origin. Contractor further covenants that no
<br />otherwise qualified individual shall, solely by reason of his /her race, color, sex, religion,
<br />age, handicap, marital status or national origin, be excluded from participation in, be
<br />denied services, or be subject to discrimination under any provision of this Agreement.
<br />
<br />42.3 Contractor shall affirmatively comply with all applicable provisions of the
<br />Americans with Disabilities Act (ADA) in the course of providing any services funded by
<br />the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis
<br />of disability), and all applicable regulations, guidelines, and standards. In addition,
<br />Contractor shall take affirmative steps to ensure nondiscrimination in employment
<br />against disabled persons.
<br />
<br />CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-011
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