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8. APPROPRIATE USE OF BACKGROUND INFORMATION City assumes all responsibility and liability for appropriate and legal (local, state, and federal) use of BIRs, including: a. Informing the applicant regarding information acquired from their consumer report may be used for decisions related to their employment. b. National Testing Network will gain written permission using the Employment Screening Services (ESS) and Delvepoint Background Check Disclosure and Authorization form from the applicant, which includes a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act: and the credit reporting agency, (ESS), contact information should any adverse action be taken against the applicant. c. Prior to taking any adverse action, agency will give the applicant an opportunity to review the report and verify if the information is correct. d. Follow guidelines on consumer reports as per the Fair Credit Reporting ACT (FORA). 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall 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 the 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 such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential 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 same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential