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Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant <br /> without an obligation of confidentiality; (d) is required to be disclosed by operation of law, or(e) <br /> is independently developed by the Consultant without reference to information disclosed by the <br /> city. <br /> 1.1. CONFLICT OF INTERr;ST CLAUSE <br /> a. Consultant covenants that it presently has no interests and shall not have interests, <br /> direct or indirect, which would conflict In tiny manner with performance of services <br /> specified under this Agreement. <br /> b. No immediate family members of either the Mayor, City Council Member, or ally <br /> appointed City Official, including appointed board and commission members, as <br /> defined under the City's Municipal Code, whose position with the City shall award or <br /> influence the award of this Agreement, or any competing contract or amendment <br /> thereof, shall be employed in any capacity by the Consultant or have any other direct <br /> or indirect financial benefit or interest in this Agreement. <br /> c. The section also prohibits (lie.awarding of any agreement, contract, grant, or any <br /> amendment to those awards, to any former full-time employee for one-year from (late <br /> ofemployee separation except for any CalPERS retiree as authorized by City Council <br /> resolution <br /> d. The Consultant 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 /> Tile Consultant warrants that it is not now aware of tiny Facts which conflict with the <br /> prohibitions defined above. If the Consultant hereafter becomes aware of any Pacts that <br /> inight reasonably be expected to create a conflict of interest, it must immediately make <br /> full written disclosure of such facts to the City. Cull written disclosure must include;, <br /> but is not limited to, identification orall persons implicated and a complete description <br /> of all relevant circumstances. failure to comply with (lie provisions of this paragraph <br /> will be a material breach of'this Agreement. <br /> e. Consultant 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 City funds stemming from the Agreement where the awarding of the subcontract <br /> has any direct or indirect financial benefit or interest to any individual, as defined in <br /> subsections (b) and (c) above. <br /> 12. NON-DISCRIMINATION <br /> Consultant shall not discriminate because of'race,color, creed, religion, sex, marital status, <br /> 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 /> Page 4 of 8 <br /> 112119571.v2 <br />