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DocuSign Envelope ID: 2E06D9AC-D669-48D2-9CA0-00706AE6423C <br />8. RECORDS <br />Consultant shall keep records and invoices in connection with the work to be performed <br />under this Agreement. Consultant shall maintain complete and accurate records with respect to <br />the costs incurred under this Agreement and any services, expenditures, and disbursements <br />charged to the City for a minimum period of three (3) years, or for any longer period required by <br />law, from the date of final payment to Consultant under this Agreement. All such records and <br />invoices shall be clearly identifiable. Consultant shall allow a representative of the City to <br />examine, audit, and make transcripts or copies of such records and any other documents created <br />pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all <br />work, data, documents, proceedings, and activities related to this Agreement for a period of three <br />(3) years from the date of final payment to Consultant under this Agreement. <br />9. CONFIDENTIALITY <br />The parties agree that information which due to the nature of such information is <br />reasonably understood to be confidential and/ or proprietary, each party agrees that it shall not use <br />or disclose such information except in the performance of this Agreement, and further agrees to <br />exercise the same degree of care it uses to protect its own information of like importance, but in <br />no event less than reasonable care. Confidential information includes not only written information, <br />but also information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/ or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />parties disclosed in a publicly available source; (c) is in rightful possession of the parties without <br />an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is <br />independently developed by each party without reference to information disclosed by the other. <br />The obligations of the parties pursuant to this section shall survive the expiration or earlier <br />termination of this Agreement. <br />10. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />11. NON-DISCRIMINATION <br />Provider shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, gender identity, gender expression, gender, medical conditions, genetic <br />information, or military and veteran status, age, national origin, ancestry, or disability, as defined <br />and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, <br />promotion, termination or other employment related activities or any services provided under this <br />Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal, state and local laws and regulations. <br />9200280 Page 5 of 9 <br />