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Resolution of conflict -of -interest issues is ultimately at the sole discretion of the <br />City. The City reserves the right to cancel or amend the resulting contract(s) if a <br />successful Proposer failed to disclose a potential conflict, which it knew or <br />should have known about, or if a Proposer provided information in response to <br />an inquiry from the City that is false or misleading. <br />After award, conflict -of -interest guidelines and policy shall continue to be <br />monitored and enforced. If an organizational conflict of interest is discovered after <br />award, the Proposer must make an immediate and full written disclosure to the <br />City that includes a description of the action that the Proposer has taken or <br />proposes to take to avoid or mitigate such conflicts. If an organizational conflict of <br />interest is determined to exist and the Proposer was aware of the organizational <br />conflict of interest prior to award of the contract and failed to disclose it, the City <br />may terminate the contract with the Proposer for material breach. If the Proposer <br />is terminated, the City assumes no obligation, responsibility, or liability to <br />reimburse all or part of the costs incurred or alleged to have been incurred by the <br />Proposer. <br />III. Policy <br />The following approach to conflicts of interest will apply to City procurements relating <br />to City design -build and CMAR projects: <br />1. Grounds for Disqualification of Proposer <br />A Consultant or other firm, or individual, will not be allowed to act as a <br />Proposer or to join a design -build or CMAR team for a project if, without <br />limitation, any of the following is true: <br />a) The Consultant is the City's designated owner advisor for the project. <br />b) The Consultant has performed services relating to the <br />project either as a prime contractor to the City or as a <br />subconsultant or subcontractor. <br />c) The Consultant has assisted the City in managing or is assisting <br />in the management of the design -build project, including the <br />preparation of the Request for Qualifications ("RFQ") and/or Request <br />for Proposals ("RFP") language or evaluation criteria. <br />d) The Consultant has performed preliminary design services for the <br />project, including, but not limited to, facility layouts, treatment selection, <br />process design selection, preliminary process design, geometric layouts, <br />bridge -type selection, and preliminary bridge design. <br />e) The Consultant performed work relating to the project for other <br />project stakeholders. <br />Resolution No. 2025-003 <br />4of6 <br />