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ATTY/AGR/2016.250/RELOCATION ASSISTANCE CONSULTANT AGREEMENT <br />REV: 09-07-16 VR <br />Page 9 of 18 <br />24. Consultant’s Books and Records. <br />A. Consultant shall maintain any and all ledgers, books of account, invoices, <br />vouchers, canceled checks, and other records or documents evidencing or relating to charges for <br />services, or expenditures and disbursements charged to City and all documents and records which <br />demonstrate performance under this Agreement for a minimum period of three (3) years, or for <br />any longer period required by law, from the date of termination or completion of this Agreement. <br />B. Any records or documents required to be maintained pursuant to this <br />Agreement shall be made available for inspection or audit, at any time during regular business <br />hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated <br />representative of any of these officers. Copies of such documents shall be provided to City for <br />inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, <br />the records shall be available at Consultant’s address indicated for receipt of notices in this <br />Agreement. <br />C. The City may, by written request by any of the above-named officers, <br />require that custody of the records be given to the City and that the records and documents be <br />maintained in the City Manager’s office. <br />25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall <br />apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and <br />subcontractors of both parties. <br />26. Equal Employment Opportunity. Consultant is an equal opportunity employer and <br />agrees to comply with all applicable state and federal regulations governing equal employment <br />opportunity. Consultant will not discriminate against any employee or applicant for employment <br />because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. <br />Consultant will take affirmative action to ensure that applicants are treated during such <br />employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital <br />status, or national origin. Such action shall include, but shall not be limited to, the following: <br />employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or <br />termination; rates of pay or other forms of compensation; and selection for training, including <br />apprenticeship. Consultant further agrees to post in conspicuous places, available to employees <br />and applicants for employment, notices setting forth the provisions of this nondiscrimination <br />clause. <br />27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the <br />right to provide, and to retain other consultants to provide, services that are the same or similar to <br />the services described in this Agreement. <br />28. City Not Obligated to Third Parties. The City shall not be obligated or liable for <br />payment hereunder to any party other than Consultant. <br />29. Remedies/Waiver. No failure on the part of either party to exercise any term, <br />covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, <br />covenant, condition, right or remedy that such party may have hereunder. All remedies permitted <br />or available under this Agreement, or at law or in equity, are cumulative and alternative. As a <br />6.1.C. - Page 13