|
within 20 days of receipt of a written demand unless otherwise agreed to by both parties in
<br /> writing.
<br /> ARTICLE 44. COMPLIANCE WITH LAWS, NONDISCRIMINATION, EQUAL
<br /> EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT
<br /> 44.1 Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations
<br /> and resolutions and all applicable guidelines and standards in performing its duties,
<br /> responsibilities, and obligations related to this Agreement, including specifically, but without
<br /> limitation, where applicable, the Contract Work Hours and Safety-Standards Act, the Lead-
<br /> Based Paint Poisoning Prevention Act and any other laws, ordinances and regulations made
<br /> applicable to this Agreement by the Contract Documents or the source of funds.
<br /> 44.2 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 his/her 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 /> 44.3 Contractor shall affirmatively comply with all applicable provisions of the Americans with
<br /> Disabilities Act(ADA) in the course of providing any services funded by the City, including Titles
<br /> I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
<br /> regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to
<br /> ensure nondiscrimination in employment against disabled persons.
<br /> 44.4 Contractor affirms that it is aware of the provisions of Section 287.134(2)(a), Florida
<br /> Statutes, regarding the discriminatory vendor list. Contractor understands that an entity or affiliate
<br /> who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide
<br /> any goods or services to a public entity, may not submit a bid on a contract with a public entity for
<br /> the construction or repair of a public building or public work, may not submit bids on leases of
<br /> real property to a public entity, may not be awarded or perform work as a contractor, supplier,
<br /> subcontractor, or consultant under a contract with any public entity, and may not transact business
<br /> with any public entity. Contractor further agrees that it shall not violate Section 287.134(2)(a),
<br /> Florida Statutes, and acknowledges and agrees that placement on this list during the term of this
<br /> Agreement may result in termination of this Agreement.
<br /> ARTICLE 45. INDEPENDENT CONTRACTOR
<br /> Contractor is an independent contractor under this Agreement. Services provided by Contractor or
<br /> 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 /> employees, or agents of the City. Contractor further understands that Florida Workers'
<br /> Compensation benefits available to employees of the City are not available to Contractor, and
<br /> agrees to provide workers' compensation insurance for any employee, or entity working for the
<br /> Contractor rendering services to the City under this Agreement. This Agreement shall not
<br /> constitute or make the parties a partnership or joint venture.
<br /> C6154-1617-036-EBSARY FOUNDATION CO. 24 U
<br />
|