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'. party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant 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. 9. SOURCE OF FUNDS Consultant acknowledges that the funds being provided by City for Consultant's services are received by City as a grant from the United States Department of Justice, and warrants that expenditures of these funds shall comply with the laws, regulations and policies governing use of said funds as set forth in Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C, 3701, et. seq. 10. CONSULTANT CERTIFICATIONS Consultant agrees to be bound by all the terms and conditions of City's Grant Agreement with the United States Department of Justice, including but not limited to: a. Audit Report Requirements. Consultant agrees that if Consultant receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds. Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget - OMB Circular A-B3. Consultant shall provide City with a copy of said Audit by October 1. b. Record KeepinglReporting. Consultant shall keep and maintain complete and adequate records to assist City in meeting and maintaining its record keeping responsibilities under the Act. City and the United States Government and/or their representatives shall have access for purposes of monitoring, auditing and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program, Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. c. Use of Funds. Consultant certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. 4