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9. RECORDS EMPLOYER shall keep records and invoices in connection with the work to be performed under this Agreement. EMPLOYER 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 EMPLOYER under this Agreement. All such records and invoices shall be clearly identifiable. EMPLOYER 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. EMPLOYER 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 EMPLOYER under this Agreement. 10. CONFIDENTIALITY If EMPLOYER receives from the CITY information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, EMPLOYER 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 eventlessthan 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 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 notapplyto any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the EMPLOYER disclosed in a publicly available source; (c) is in rightful possession of the EMPLOYER without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the EMPLOYER without reference to information disclosed by the CITY. 11. CONFLICT OF INTEREST CLAUSE EMPLOYER covenants that 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. 12. NON-DISCRIMINATION EMPLOYER shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. EMPLOYER affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.