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12. CONFLICT OF INTEREST CLAUSE <br /> a. Contractor covenants that it presently has no interests and shall not have interests,direct <br /> or indirect,which would conflict in any manner with performance of services specified <br /> under this Agreement. <br /> b. No immediate family members of either the Mayor, City Council Member, or any <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 Contractor or have any other direct <br /> 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, Contractor must comply with all conflict of interest laws, ordinances, and regulations <br /> now in effect or hereafter to be enacted during the term of this Agreement. The <br /> Contractor warrants that it is not now aware of any facts which conflict with the <br /> prohibitions defined above. If Contractor hereafter becomes aware of any facts that <br /> might reasonably be expected to create a conflict of interest,it must immediately make <br /> full written disclosure of such facts to the City. Full written disclosure must include, <br /> but is not limited to,identification of all persons implicated and a complete description <br /> of all relevant circumstances. Failure to comply with the provisions of this paragraph <br /> will be a material breach of this Agreement. <br /> c. Contractor 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 /> 13. NOTICE <br /> Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br /> shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br /> first class or certified mail,postage prepaid,or sent by fax or other telegraphic communication in <br /> the manner provided in this Section,to the following persons: <br /> Page 5 of 9 <br />