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effective date of this Agreement, for the duration of the Work, and until 5 years after the date of
<br /> final payment by the City to Contractor pursuant to this Agreement.
<br /> 37.3 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 /> 37.4 If an audit inspection or examination in accordance with this Article discloses
<br /> overcharges in excess of 1% except negotiated fees by the Contractor to the City, the actual cost
<br /> of the City's audit shall be paid by the Contractor. If the audit discloses contract billing or charges
<br /> to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum
<br /> within 20 days of receipt of a written demand unless otherwise agreed to by both parties in
<br /> writing.
<br /> ARTICLE 38. COMPLIANCE WITH LAWS, NONDISCRIMINATION, EQUAL
<br /> EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT
<br /> 38.1 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 /> 38.2 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 /> 38.3 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 /> ARTICLE 39. 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
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