Laserfiche WebLink
DocuSign Envelope ID: 85358FB7-CDFA-44C1-B966-DFDA4354188B <br />Penal Code Sections 37, 128, 136. 1 with Section 186.22, 187, 190- 190.4 and 192(a), 205, 206, <br />207- 209.5, 211, 212, 212.5, 213, 214, 215, 218- 219, 220, 2361(b) or 236.1(c), 243.4, 261, 261.5, <br />273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, <br />288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311, 314, 347(a), <br />368, 417(b), 451(a), 518 with 186. 22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or <br />18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to <br />comply with this Section shall be grounds for immediate termination of this Agreement. <br />9. RECORDS <br />A. Consultant shall keep records and invoices in connection with the work to be <br />performed under this Agreement. Consultant shall maintain complete and accurate <br />records with respect to the costs incurred under this Agreement and any services, <br />expenditures, and disbursements charged to the City for a minimum period of three <br />(3) years, or for any longer period required by law, from the date of final payment <br />to Consultant under this Agreement. All such records and invoices shall be clearly <br />identifiable. Consultant shall allow a representative of the City to examine, audit, <br />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 <br />inspection of all work, data, documents, proceedings, and activities related to this <br />Agreement for a period of three (3) years from the date of final payment to <br />Consultant under this Agreement. <br />B. City may request enrollment and attendance reports for participants of the program. <br />Consultant will also provide bi-monthly program reports to the City. <br />10. CONFIDENTIALITY <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees that <br />it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include all <br />nonpublic information. Confidential information includes not only written information, but also <br />information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant <br />without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) <br />is independently developed by the Consultant without reference to information disclosed by the <br />City. <br />Page 5 of 9 <br />