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information , national origin , age, disability, familial status, marital status or sexual orientation, and that in providing Services, Consultant does not discriminate with regard to any of the aforementioned factors . 11 .2.4 Unauthorized Aliens/Patriot's Act. The knowing employment by Consultant or its sub- consultants of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement which results in unilateral termination. In the event that Consultant is notified or becomes aware of such default, Consultant shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Consultant's failure to take such steps as are necessary to terminate the employment of any said alien within 24 hours of notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of this Agreement and unilateral termination. Consultant shall take all commercially reasonable precautions to ensure that it and Its sub-consultants do not employ persons who are not authorized to work by the immigration laws or the Attorney General of the United States. Consultant further represents that it is not in violation of any laws relating to terrorism or money laundering , including the Executive Order No . 13224 on Terrorist Financing and/or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56., the "Patriot Act"). 11.2.5 Selection of Sub-Consultants. Consultant shall obtain the prior written approval of the City as to each proposed sub-consultant and the City reserves the right to reject the selection of a particular sub- consultant and to inspect all facilities of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. If it becomes necessary to replace a particular sub-consultant to complete its part of the services under a work authorization Consultant shall promptly do so, subject to prior written approval and acceptance of the new sub-consultant by the City, which approval shall not be unreasonably withheld . 11.3 Compliance with Laws. In the conduct of Professional Services under this Agreement, Consultant shall comply in au material respects with all applicable federal and state laws and regulations and all applicable County and City ordinances and regulations. 11.4 State Taxes. Consultant understands that in performing the Services for the City, Consultant is not exempt from paying sales tax to Consultant's suppliers for materials required for Consultant to perform under this Agreement. Consultant shall not be authorized to use the City's tax exemption number for purchasing supplies or materials. 11.5 Availability of Funds This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of agreements or work authorizations with a term of more than one year, but any agreement or work authorization so made shall be executory only for the value of the Professional Services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice to Consultant. The City shall be the sole and final authority as to the avallablllty of funds. 11.6 Right to Audit. Consultant shall maintain adequate records for the Services performed under this Agreement, induding (a} timesheets kept in a clear and orderly fashion used to substantiate the monthly invoices in accordance with generally accepted accounting principles , and (b) adequate records to justify all charges , expenses and costs in performing the Professional Services: and {c) copies of communications regarding the performance of its obligations under this Agreement, for five (5) years following completion of the Services, or conclusion of any litigation regarding this Agreement. The City shall have the right to audit Consultant's books and records, at the City's expense, upon prior notice, with regard to the Services provided to the City under this Agreement. Consultant shall allow the City or its representative to interview all current or former Form-PSA CCNA Master 091914 Erdman Anthony-14919 101114 17