(h) The CONTRACTOR is an independent Contractor and not an agent,
<br /> representative, or employee of the COUNTY The COUNTY shall have no liability
<br /> except as specifically provided in this Contract
<br /> (i) All insurance shall be primary to, and not contribute with, any insurance or self-
<br /> insurance maintained by the COUNTY
<br /> �i
<br /> SECTION 36: EQUAL OPPORTUNITY EMPLOYMENT/NON-DISCRIMINATION.
<br /> The CONTRACTOR agrees that it will not discriminate against any employee or
<br /> applicant for employment for work under this Contract because of race, color, religion,
<br /> sex, age, national origin, or disability and shall take affirmative steps to ensure that
<br /> applicants are employed and employees are treated during employment without regard
<br /> to race, color, religion, sex, age, national origin, or disability. This provision shall
<br /> include, but not be limited to, the following employment, upgrading, demotion or
<br /> transfer; recruitment advertising; layoff or termination; rates of pay or their forms or
<br /> compensation, and selection for training, including apprenticeship. The CONTRACTOR,
<br /> moreover, shall comply with all the requirements as imposed by the Civil Rights Act, the
<br /> regulations of the Federal government issued thereunder, and any and all requirements
<br /> of Federal or State law related thereto.
<br /> SECTION 37: ACCESS TO RECORDS/AUDIT/PUBLIC RECORDS.
<br /> (a) The CONTRACTOR shall maintain books, records, documents, time and costs
<br /> accounts, and other evidence directly related to its provision or performance of services
<br /> under this Contract. All time records and cost data shall be maintained in accordance
<br /> with generally accepted accounting principles.
<br /> (b) The CONTRACTOR shall maintain and allow access to the records required
<br /> under this Section for a minimum period of five (5) years after the completion of the
<br /> provision or performance services under this Contract and date of final payment for said
<br /> services, or date of termination of this Contract.
<br /> (c) The COUNTY reserves the right to unilaterally terminate this Contract if the
<br /> CONTRACTOR refuses to allow public access to all documents, papers, letters, or other
<br /> materials subject to provisions of Chapter 119, Florida Statutes, and other applicable
<br /> law, and made or received by the CONTRACTOR in conjunction, in any way, with this
<br /> Contract.
<br /> (d) The COUNTY may perform, or cause to have performed, an audit of the records
<br /> of the CONTRACTOR before or after final payment to support final payment under any j
<br /> Work Order issued hereunder This audit shall be performed at a time mutually
<br /> agreeable to the CONTRACTOR and the COUNTY subsequent to the close of the final
<br /> fiscal period in which services are provided or performed. Total compensation to the
<br /> CONTRACTOR may be determined subsequent to an audit as provided for in this
<br /> Section, and the total compensation so determined shall be used to calculate final
<br /> payment to the CONTRACTOR Conduct of this audit shall not delay final payment as
<br /> required by this Section.
<br /> (e) In addition to the above, if Federal, State, County, or other entity funds are used
<br /> for any services under this Contract, the Comptroller General of the United States or the
<br /> 22
<br />
|