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<br />party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />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 <br />disclosed by operation oflaw; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City, <br /> <br />8. <br /> <br />CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified under <br />this Agreement. <br /> <br />9. <br /> <br />SOURCE OF FUNDS <br /> <br />Consultant acknowledges that the funds being provided by City for Consultant's services <br />are received by City as a grant from the United States Department of Justice, and warrants that <br />expenditures of these funds shall comply with the laws, regulations and policies governing use of <br />said funds as set forth in Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 <br />U.S.C. 3701, et. seq. <br /> <br />10. <br /> <br />CONSULTANT CERTIFICATIONS <br /> <br />Consultant agrees to be bound by all the terms and conditions of City's Grant Agreement with the <br />United States Department of Justice, including but not limited to: <br /> <br />a. Audit Report Requirements. Consultant agrees that if Consultant receives Three <br />Hundred Thousand Dollars ($300,000.00) or more in federal funds. Consultant shall <br />have an annual audit conducted by a certified public accountant in accordance with the <br />standards as set forth and published by the United States Office of Management and <br />Budget - OMB Circular A-133. Consultant shall provide City with a copy of said Audit <br />by October 1. <br /> <br />b. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate <br />records to assist City in meeting and maintaining its record keeping responsibilities <br />under the Act. City and the United States Government and/or their representatives shall <br />have access for purposes of monitoring, auditing and examining Consultant's activities <br />and performance, to books, documents and papers, and the right to examine records of <br />Consultant's subcontractors, bookkeepers and accountants, employees and participants <br />in regard to said program. Nothing herein shall be construed to require access to any <br />privileged or confidential information as set forth in federal or state law. <br /> <br />c. Use of Funds. Consultant certifies and agrees that it will not use funds provided through <br />this Agreement to pay for entertainment, meals or gifts. <br /> <br />4 <br />