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electronically, or by other means. Confidential information disclosed to either party by any subsidiary
<br /> and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
<br /> nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources;
<br /> (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
<br /> possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
<br /> operation of law; or (e) is independently developed by the Consultant without reference to information
<br /> disclosed by the City.
<br /> 11. CONFLICT OF INTEREST CLAUSE
<br /> a. Consultant covenants that it presently has no interests and shall not have interests, direct or
<br /> indirect,which would conflict in any manner with performance of services specified under this
<br /> Agreement.
<br /> b. No immediate family members of either the Mayor, City Council Member, or any appointed
<br /> City Official, including appointed board and commission members,as defined under the City's
<br /> Municipal Code, whose position with the City shall award or influence the award of this
<br /> Agreement, or any competing contract or amendment thereof, shall be employed in any
<br /> capacity by the Consultant or have any other direct or indirect financial benefit or interest in
<br /> this Agreement.
<br /> c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment
<br /> to those awards, to any former full-time employee for one-year from date of employee
<br /> separation except for any Ca1PERS retiree as authorized by City Council resolution
<br /> d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now
<br /> in effect or hereafter to be enacted during the term of this Agreement.The Consultant warrants
<br /> that it is not now aware of any facts which conflict with the prohibitions defined above. If the
<br /> Consultant hereafter becomes aware of any facts that might reasonably be expected to create a
<br /> conflict of interest, it must immediately make full written disclosure of such facts to the City.
<br /> Full written disclosure must include, but is not limited to, identification of all persons
<br /> implicated and a complete description of all relevant circumstances. Failure to comply with
<br /> the provisions of this paragraph will be a material breach of this Agreement.
<br /> e. Consultant covenants that none of its directors, officers, employees, or agents shall participate
<br /> in selecting or administrating any subcontract supported (in whole or in part) by City funds
<br /> stemming from the Agreement where the awarding of the subcontract has any direct or indirect
<br /> financial benefit or interest to any individual, as defined in subsections (b)and (c) above.
<br /> 12. NON-DISCRIMINATION
<br /> Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br /> orientation, gender :identity, gender expression, gender, medical conditions, genetic information, or
<br /> military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
<br /> applicable law,in the recruitment,selection,teaching,training,utilization,promotion,termination or other
<br /> employment related activities or any services provided under this Agreement. Consultant affirms that it is
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