Res 2017-062/approving an agreement with Deloitte & Touche, LLP for the provision of internal auditing services

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The Internal Auditor further agrees that none of its paid personnel will be employees of the City or have any contractual relationship with the City. All activities, investigations, and other efforts made by Internal Auditor pursuant to the Agreement will be conducted by employees, associates, or independent contractors of the Internal Auditor. 10.5 In performing the services required under this Agreement, the Internal Auditor will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Internal Auditor agrees not to engage in employment practices, which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by the Internal Auditor may be regarded as a default of the Agreement. 10.6 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 10.7 Should any provision in this Agreement be found or deemed invalid, this Agreement will be construed as not containing the provision and all other provisions, which are otherwise lawful, will remain in full force and effect, and to this end, the provisions of this Agreement are declared severable. Paragraph and Section headings included in the Agreement are for convenience only and are not intended to define or limit the scope of any provisions of the Agreement. 10.8 All Services and deliverables provided pursuant to this Agreement are for the exclusive use and benefit of the City and this Agreement does not create rights in third parties. 10.9 The Internal Auditor will comply with Executive Order 11246 of 9/24/65, entitled "Equal Employment Opportunity," (30 FR 12319,12935, 3 CFR Part,1964-65 Comp., p. 339) as amended by Executive Order #11375 of 10/13/67, and as supplemented in Department of Labor Regulations (41 CFR Chapter 60). 10.10 Internal Auditor may be in breach of the Agreement if the Internal Auditor materially fails to perform in accordance with its written terms and conditions. 10.11 In the event of a default or breach of this Agreement by the Internal Auditor, the City reserves the right to terminate for default as set forth in Section 7.2. This remedy may be used in conjunction with another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by the Internal Auditor will not waive the City's ability to enforce the Agreement after that time. 10.12 The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. Deloitte & Touche, LLP Agreement for Internal Auditor Services 2017 18