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9. RECORDS <br />Consultant shall keep records and invoices in connection with the work to be perlurmed <br />under this Agreement. Consultant shall maintain complete and accurate records with respect to <br />the casts incurred under this Agreement and any services, expenditures, and disbursements <br />charged to the City for a minimum period of three (3) years, or fur any longer period required by <br />law, front the date of final payment to Consultant ttndcr this AgreCnrent. All such records and <br />invoices shall be clearly identifiable. Consultant shall allow a representative of the City to <br />examine, audit, and make iranscripts 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, dOCLnnenG, proceedings, and activities related to Lhis Agreement fora period of three <br />(3) years from the date of final payment to Consuhanl under this Agreement. <br />10. CONFIDENTIALITY <br />Tf Consultant receives from the City intbnnation "'hich due to the nature of such <br />infornation is reasonably understood to be confidential and/or proprietary, Consultant agrees that <br />it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degxee of care it uses to protect its own information of like <br />importance, hot in no e\ ent less than reasonable care- "Confidential Tnfonnation" shall include all <br />nonpublic information. Conlidential infunnation includes not only written inli nhation, hot also <br />ioforrnaLiun transferred orally, visually, clecuonically, or by other nhcans. Cunlidenlial <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The Ioregoing obligations of non-use:nrd nondisclosure shall not apply to any <br />infornraLion Lhat (a) has been disclosed in publicly available sources; (b) is, tuough no fauh of the <br />Consultant disclosed ill it publicly available source; (c) is in rightful possession of the Consultant <br />without arh obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) <br />is independentl-v developed b-y the Consultant without reference to information disclosed by the <br />City. <br />I I. CONFLICT OF INTEREST Ci.AUSE <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 perlornrance of services specified under Lhis <br />Aurccncnl. <br />12. NON-DISCRIMINATION <br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, gender identity, gender expression, gender, medical conditions, genetic <br />inforntaLion, or military and veteran status, age, national origin, anccatly, or disability, as dclincd <br />and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, <br />promotion, termination or other employment related aclivilies or any services provided under this <br />Agreement- Consultant affirms that it is an equal opportuniLy employer and shall comply with all <br />applicablC federal, state and local laws and regulations. <br />City Council 22 — 18 6/1 Mi of 9 <br />