FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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10. RL:COIU)S L onsnllant Slrall keep records and mVUrec9 In connection With the Work to be performed under this Agreement. Consultant shaI l maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from ttrc date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of sach records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, document,, procCedings, and activities related to this Agreement for a period of three (3) years from the dale of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY TI' Cnrnsnllant receives from the City information which due to the nalurC of such information is raasonabl-v understood to be eontidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the s;une degree of care it uses to protect its own information of like importance, but in no event less than reasonable care- 'Confidential Tnfonnation" shall include all nonpublic inlumiation. Confidential information includes not only written information, but also information lransferrcd orally, visually, electronically, or by other means. Confidential intornnation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. ]he foregoing obligations of non-use and nondisclosure shrill not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed ill a publicly available source; (c) is in rightfill possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. U. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shal I not have interests, direct or indirect, which would conflict in any manner with pe fonnance of services specified under this A-recnncn t. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall bee in writing and shall be deemed to bee properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ann 20 Civic Center PIa7a (M-30) City Council 21 — 81 7/6/2021 Pagc 5 of8