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Exhibit A - Pleasanton PD - March 2023 7 of 8 <br /> <br />21. Confidentiality of Information. City shall not disclose any confidential or proprietary information <br />received from Consultant, including but not limited to client information, to anyone except City’s <br />employees who require access to the information to access Consultant’s services without adaptation <br />by Consultant. <br /> <br />21.1. Notwithstanding the foregoing, Consultant recognizes that City is obligated to comply with the <br />California Public Records Act (California Government Code §§ 6252 et seq.) and that records in <br />the possession of the City may be required to be disclosed. The City will assert exemptions as <br />allowed, including protecting personal contact information and other confidential information as <br />allowed by the Public Records Act. <br /> <br />21.2. If the City receives a Public Records Act request for documents related to the Consultant, it will <br />promptly notify the Consultant of such request. The Consultant may then seek to assert <br />protections and privileges in court, as it may deem appropriate. The Consultant shall notify the <br />City within 5 days if it will seek judicial intervention. If it does not, the City will release the <br />requested documents. Nothing herein prohibits the City from asserting any exemptions to <br />disclosure that it deems appropriate. <br /> <br />21.3. Parties further agree to exercise at least the same care, control, and security over records, <br />documents, and/or confidential information obtained from the other party as they would for their <br />own records, documents, and/or confidential information. <br /> <br />22. Billing and Invoices. Consultant shall invoice the City at the commencement of the contract and <br />monthly thereafter utilizing standard accounting practices to be payable within thirty (30) days. <br />Failure to invoice the City within the billing month shall not be reason for nonpayment nor constitute <br />a waiver of fees due to Consultant; however, Consultant shall provide an invoice for services pr ior to <br />payment by the City. <br /> <br />22.1. Consultant shall endeavor to provide a monthly utilization statement to the City no later than the <br />15th day of each month following the month in which services are provided. The utilization will <br />include a description of services rendered and the date on which such services were provided. In <br />addition, the monthly statement will provide a running account of hours utilized and remaining <br />hours on account. Due to HIPAA restrictions individual client information shall not be included <br />in accounting information. Utilization statements may be combined with monthly invoices for <br />convenience. <br /> <br />22.2. Failure of the City to pay any outstanding invoice within 90 days of receipt shall be grounds for <br />cancellation of this contract by Consultant and forfeiture of fees paid by City and any services <br />yet to be provided to City except where other payment arrangements are agreed to in writing. <br /> <br />22.3. City shall ensure timely requests for and utilization of Consultant’s services. All services not <br />utilized within a single Service Period of this Agreement are non-refundable and will be lost as <br />of June 30th of each year this Agreement remains in effect. Failure of City to utilize Consultant’s <br />services in a timely manner shall not be cause for default, refund, or extension of time. <br /> <br />Docusign Envelope ID: 233E1504-A3BA-87D9-817C-FD3B9C623DBC