Agenda Packet_2025-10-21 - Laserfiche WebLink

Home Browse Search

10.CONFIDENTIALITY If Consultantreceivesfrom the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultantagreesthat 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 nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultantdisclosedin a publicly available source; (c) is in rightful possession of the Consultant withoutan obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultantwithoutreference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE a.Consultant covenantsthat it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b.No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c.The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d.The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultanthereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. Page4 of #2103028v1