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9.F.c <br />The City retains the legal right to inspect the papers of any Consultant or Sub -contractors <br />employee who works on this Contract to ensure that the Consultant or Sub -contractor is <br />complying with the Consultant Immigration Warranty. Consultant agrees to assist the City in <br />regard to any such inspections. <br />The City may, at its sole discretion, conduct random verification of the employment records <br />of the Consultant and any of sub -contractors to ensure compliance with Consultant's <br />Immigration Warranty. Consultant agrees to assist the City in regard to any random <br />verification performed. <br />Neither the Consultant nor any Sub -contractor shall be deemed to have materially breached <br />the Consultant Immigration Warranty if the Consultant or Sub -contractor establishes that it <br />has complied with employment verification provisions prescribed by sections 274A and <br />274B of the Federal Immigration and Nationality Act and the E-Verify requirements <br />prescribed by A.R.S. § 23-214, Subsection A. <br />The provisions of this Article must be included in any contract the Consultant enters into with <br />any and all of its sub -contractors who provide services under this Contract or any sub- <br />contract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by <br />a Consultant or sub -contractor. Services include construction or maintenance of any <br />structure, building or transportation facility or improvement to real property. <br />26. Consultant shall exercise the same degree of care, skill and diligence in the performance of <br />the Services as is ordinarily possessed and exercised by a Consultant under similar <br />circumstances. <br />27. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other <br />than City and Consultant. <br />28. In the event of a discrepancy between this Agreement and Exhibit "A", this Agreement shall <br />control over Exhibit "A". <br />29. Non -Availability of Funds: Fulfillment of the obligation of the City under this Agreement is <br />conditioned upon the availability of funds appropriated or allocated for the performance of <br />such obligations. If funds are not allocated and available for the continuance of this <br />Agreement, this Agreement may be terminated by the City at the end of the period for which <br />the funds are available. No liability shall accrue to the City in the event this provision is <br />exercised, and the City shall not be obligated or liable for any future payments as a result of <br />termination under this paragraph. <br />30. Israel: Consultant certifies that is not currently engaged in, and agrees for the duration of <br />this Agreement that it will not engage in a "boycott" as that term is defined in Ariz. Rev. Stat. <br />35-393, of Israel. <br />Page 8 of 23 <br />P. <br />E <br />0 <br />U <br />a) <br />c <br />.0 <br />0 <br />c <br />c <br />w <br />a1 <br />.a <br />0 <br />co <br />N <br />74 <br />w <br />9 <br />r <br />O <br />N <br />0 <br />z <br />...0 <br />tu <br />c <br />0 <br />U <br />4 <br />U <br />di <br />c <br />'or:0 <br />0 <br />c <br />w <br />0 <br />.c <br />3 <br />E <br />au <br />0 <br />0 <br />0) <br />a <br />✓ <br />a <br />r <br />a <br />N <br />c <br />0 <br />U <br />a) <br />T. <br />a> <br />0 <br />c <br />c <br />w <br />r <br />c <br />au <br />. <br />E <br />a <br />r <br />a <br />Packet Pg. 213 <br />