|
appointed City Official, including appointed board and commission members, as
<br /> defined under the City's Municipal Code, whose position with the Contractor shall
<br /> award or influence the award of this Agreement, or any competing contract or
<br /> amendment thereof, shall be employed in any capacity by the Subcontractor or have
<br /> any other direct or indirect financial benefit or interest in this Agreement.
<br /> c. The section also prohibits the awarding of any agreement, contract, grant, or any
<br /> amendment to those awards, to any former full-time employee for one-year from date
<br /> of employee separation except for any Ca1PERS retiree as authorized by City Council
<br /> resolution
<br /> d. The Subcontractor must comply with all conflict of interest laws, ordinances, and
<br /> regulations now in effect or hereafter to be enacted during the term of this Agreement.
<br /> The Subcontractor warrants that it is not now aware of any facts which conflict with
<br /> the prohibitions defined above. If the Subcontractor hereafter becomes aware of any
<br /> facts that might reasonably be expected to create a conflict of interest, it must
<br /> immediately mare full written disclosure of such facts to the Contractor. Full written
<br /> disclosure must include, but is not limited to, identification of all persons implicated
<br /> and a complete description of all relevant circumstances. Failure to comply with the
<br /> provisions of this paragraph will be a material breach of this Agreement.
<br /> e. Subcontractor covenants that none of its directors, officers, employees, or agents shall
<br /> participate in selecting or administrating any subcontract supported(in whole or in part)
<br /> by Contractor funds stemming from the Agreement where the awarding of the
<br /> subcontract has any direct or indirect financial benefit or interest to any individual, as
<br /> defined in subsections(b) and(c) above.
<br /> 12. NON-DISCRIMINATION
<br /> Subcontractor shall not discriminate because of race, color, creed, religion, sex, -marital
<br /> status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
<br /> information, or military and veteran status, age, national origin, ancestry, or disability, as defined
<br /> and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
<br /> promotion,termination or other employment related activities or any services provided under this
<br /> Agreement, Subcontractor affirms that it is an equal opportunity employer and shall comply with
<br /> all applicable federal, state and local laws and regulations.
<br /> 13. EXCLUSIVITY AND AMENDMENT
<br /> This Agreement represents the complete and exclusive statement between the Contractor
<br /> and Subcontractor, and supersedes any and all other agreements, oral or written, between the
<br /> Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,
<br /> the terms of this Agreement shall prevail. This Agreement may not be modified except by written
<br /> instrument signed by the Contractor and by an authorized representative of Subcontractor. The
<br /> Parties agree that any terms or conditions of any purchase order or other instrument that are
<br /> inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
<br /> Page 6of10
<br /> #2076148v2
<br />
|