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letters patent, trademark, or copyright infringement, including costs, contained in the Documents
<br />& Data provided by Consultant to the City pursuant to his Agreement.
<br />9. 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 />10, CONFIDENTIALITY
<br />Consultant shall not disclose, or permit disclosure of any information designated by the
<br />City as confidential, except to its employees and other consultants who need such information in
<br />order to properly execute the services of this Agreement. This provision shall not apply to
<br />information which: (1) has been published and is in the public domain, (2) has been provided to
<br />Consultant by third parties who have the legal right to possess and disclose the information, (3)
<br />was in the possession of Consultant prior to the disclosure of such information to Consultant by
<br />the City, (4) is required by law or any governmental agency to be disclosed, or (5) would require
<br />disclosure to comply with the ethical obligations of Consultant to protect the public.
<br />11. 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 />12. 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.
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