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shall be limited, to tlie extent required by Civil Code Section 2782.8, to claims tliat arise out of,
<br />peitain to, or relate to tlie negligence, recklessness, or willful misconduct of t)ie Consultant.
<br />7.RECORDS
<br />Consultant shall keep records and invoices in connection with the work to be performed
<br />under tliis Agreement. Consultant sliall maintain complete and accurate records witl'i respect to
<br />the costs incurred under this Agreement and any services, expenditures, and disbursements
<br />cliarged to tlie City for a minimum period of three (3) years, or for any longer period required by
<br />law, froin tlie date of final payment to Consultant under this Agreement. All sucli records and
<br />invoices sliall be clearly identifiable. Consultant sliall allow a representative of tlie City to
<br />exai'nine, audit, and make transcripts or copies of sucli records and any other documents created
<br />pursuant to tliis Agreeinent during regular business hours. Consultant shall allow inspection of all
<br />work, data, documents, proceedings, and activities related to this Agreement for a period of three
<br />(3) years from tlie date of 'final payi'nent to Consultant under this Agreement.
<br />8.CONFIDENTIALITY
<br />If Consultant receives from tlie City information whicli due to tlie nature of sucli
<br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees tliat
<br />it sl'iall not use or disclose such information except in tlie performance of this Agreement, and
<br />furtlier agrees to exercise tlie same degree of care it uses to protect its own information of like
<br />importance, but in no event less tlian reasonable care. "Confidential Inforn'iation" sliall include all
<br />nonpublic inforination. Confidential information includes i'iot only written inforination, bcit also
<br />inforination transferred orally, visually, electronically, or by otlier means. Coi'ifideiitial
<br />information disclosed to either paity by any subsidiary and/or agent of the other party is covered
<br />by tliis Agreei'nent. The foregoing obligations of non-use and nondisclosure shall not apply to any
<br />infori'nation tliat (a) lias been disclosed in publicly available sources; (b) is, throrigli no fault of the
<br />Consultant disclosed in a publicly available source; (c) is in rightful possession of t)ie Consultant
<br />withocit an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e)
<br />is independently developed by tlie Consultant witliohit reference to informatioi'i disclosed by the
<br />City.
<br />9,CONFLICT OF INTEREST CLAUSE
<br />Consultant covenants that it presently has no interests and shall not have interests, direct
<br />or indirect, wliic)i would conflict in any i'nanner witli perforinance of services specified under this
<br />Agreement.
<br />10.NON-DISCRIMINATION
<br />Consultant sliall not discrin"iinate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
<br />information, or military and veteran status, age, national origin, ancestry, or disability, as defined
<br />and prohibited by applicable law, in the recruiti'nent, selection, teaching, training, utilization,
<br />promotion, terinination or other employment related activities or any services provided under t)iis
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