City Council

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST\n(a) All information gained by CONSULTANT in performance of this AGREEMENT\nshall be considered confidential and shall not be released by CONSULTANT without CITY’s\nprior written authorization. CONSULTANT, its officers, employees, agents, or\nsubconsultants, shall not without written authorization from the City Manager or unless\nrequested by the Attorney for the City, voluntarily provide declarations, letters of support,\ntestimony at depositions, response to interrogatories, or other information concerning the\nwork performed under this AGREEMENT or relating to any project or property located within\nthe CITY. Response to a subpoena or court order shall not be considered "voluntary"\nprovided CONSULTANT gives CITY notice of such court order or subpoena.\n(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers,\nemployees, agents, or subconsultants be served with any summons, complaint, subpoena,\nnotice of deposition, request for documents, interrogatories, requests for admissions, or other\ndiscovery request, court order, or subpoena from any person or party regarding this\nAGREEMENT and the work performed thereunder or with respect to any project or property\nlocated within the CITY. CITY retains the right, but has no obligation, to represent\nCONSULTANT and/or be present at any deposition, hearing, or similar proceeding.\nCONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review\nany response to discovery requests provided by CONSULTANT. However, CITY's right to\nreview any such response does not imply or mean the right by CITY to control, direct, or\nrewrite said response.