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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 /> Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
<br /> without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
<br /> is independently developed by the Contractor without reference to information disclosed by the
<br /> City. This confidentiality provision shall survive expiration or termination of this Agreement.
<br /> 9. CONFLICT OF INTEREST CLAUSE
<br /> Contractor covenants that it presently has no interest 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 /> 10. BACKGROUND CHECK
<br /> Contractor shall not assign any employee, agent, subcontractor or volunteer to provide
<br /> services pursuant to this Agreement,if that employee,agent, subcontractor or volunteer is required
<br /> to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for
<br /> any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal
<br /> Code Section 667.5(c),or has a conviction for a serious felony as defined in California Penal Code
<br /> Section 1192.7(c).Disqualifying convictions include but are not limited to,violations of California
<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, 236.1(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, 311.4,311.10,311.11, 314,
<br /> 347(a), 368, 417(b),451(a),518 with 186.22, 647.6, 653f(c),664 and 187, 667.5(c), 18745, 18750,
<br /> or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure
<br /> to comply with this Section shall be grounds for immediate termination of this Agreement.
<br /> 11. NOTICE
<br /> Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
<br /> shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
<br /> first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
<br /> the manner provided in this Section, to the following persons:
<br /> To City: City Clerk
<br /> City of Santa Ana
<br /> 20 Civic Center Plaza(M-30)
<br /> P.O. Box 1988
<br /> Santa Ana, CA 92702-1988
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