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FULL PACKET_2015-08-04
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FULL PACKET_2015-08-04
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7/21/2016 3:34:49 PM
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8/3/2015 9:58:41 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Date
8/4/2015
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9. RECORDS <br />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 (3) <br />years, or for any longer period required by law, from the date of final payment to <br />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, and <br />make transcripts or copies of such records and any other documents created pursuant to <br />this Agreement during regular business hours. Consultant shall allow inspection of all <br />work, data, documents, proceedings, and activities related to this Agreement for a period <br />of three (3) years from the date of final payment to Consultant under this Agreement. <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 <br />agrees that it shall not use or disclose such information except in the performance of this <br />Agreement, and further agrees to exercise the same degree of care it uses to protect its <br />own information of like importance, but in no event less than reasonable care. <br />"Confidential Information" shall include all nonpublic information. Confidential <br />information includes not only written information, but also information transferred orally, <br />visually, electronically, or by other means. Confidential infonnation disclosed to either <br />party by any subsidiary and/or agent of the other party is covered by this Agreement. <br />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 <br />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 of law; or (e) is independently developed by the Consultant <br />without reference to information disclosed by the City. <br />11. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services <br />specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement <br />by reference. <br />12. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in <br />person or mailed by first class or certified mail, postage prepaid, or sent by fax or other <br />telegraphic communication in the manner provided in this Section, to the following <br />5 <br />25C -7 <br />
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