Common use of Conflict of Interest Prohibition Clause in Contracts

Conflict of Interest Prohibition. City and Consultant will comply with the requirements of the City’s Conflict of Interest Code adopted pursuant to the provisions of California Government Code Section 87300 and following, the Political Reform Act (California Government Code Section 81000 and following), the regulations promulgated by the Fair Political Practices Commission (Title 2, Section 18110 and following of the California Code of Regulations), California Government Code Section 1090 and following, and any other ethics laws applicable to the performance of the Services and/or this Agreement. Consultant may be required to file with the City Clerk a completed Form 700 before commencing performance of the Services unless the City Clerk determines that completion of a Form 700 is not required, pursuant to the City’s Conflict of Interest Code. Form 700 forms are available from the City Clerk. The Consultant may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the Consultant’s obligations pursuant to this Agreement. The Consultant agrees to cooperate fully with the City and to provide any necessary and appropriate information requested by the City or any authorized representative concerning potential conflicts of interest or prohibitions concerning the Consultant’s obligations pursuant to this Agreement. Consultant may not employ any City official, officer or employee in the performance of the Services, nor may any official, officer or employee of the City have any financial interest in this Agreement that would violate California Government Code Section 1090 and following. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code Section 1090 and following, the entire Agreement is void and Consultant will not be entitled to any compensation for Consultant’s performance of the Services, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant under this Agreement. Consultant understands that, in addition to the foregoing, penalties for violating Government Code Section 1090 may include criminal prosecution and disqualification from holding public office in the State of California. Any violation by the Consultant of the requirements of this provision will constitute a material breach of this Agreement, and the City reserves all its rights and remedies at law and equity concerning any such violations.

Appears in 2 contracts

Samples: Agreement, Agreement

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Conflict of Interest Prohibition. City and Consultant will comply with the requirements of the City’s Conflict of Interest Code adopted pursuant to the provisions of California Government Code Section 87300 and following, the Political Reform Act (California Government Code Section 81000 and following), the regulations promulgated by the Fair Political Practices Commission (Title 2, Section 18110 and following of the California Code of Regulations), California Government Code Section 1090 and following, and any other ethics laws applicable to the performance of the Services and/or this Agreement. Consultant may be required to file with the City Clerk a completed Form 700 before commencing performance of the Services unless the City Clerk determines that completion of a Form 700 is not required, pursuant to the City’s Conflict of Interest Code. Form 700 forms are available from the City Clerk. The Consultant may not perform Services services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the Consultant’s obligations pursuant to this Agreement. The Consultant agrees to cooperate fully with the City and to provide any necessary and appropriate information requested by the City or any authorized representative concerning potential conflicts of interest or prohibitions concerning the Consultant’s obligations pursuant to this Agreement. Consultant may not employ any City official, officer or employee in the performance of the Services, nor may any official, officer or employee of the City have any financial interest in this Agreement that would violate California Government Code Section 1090 and following. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code Section 1090 and following, the entire Agreement is void and Consultant will not be entitled to any compensation for Consultant’s performance of the Services, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant under this Agreement. Consultant understands that, in addition to the foregoing, penalties for violating Government Code Section 1090 may include criminal prosecution and disqualification from holding public office in the State of California. Any violation by the Consultant of the requirements of this provision will constitute a material breach of this Agreement, and the City reserves all its rights and remedies at law and equity concerning any such violations.

Appears in 1 contract

Samples: Professional Services Agreement

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Conflict of Interest Prohibition. City CITY and Consultant CONSULTANT will comply with the requirements of the CityCITY’s Conflict of Interest Code adopted pursuant to the provisions of California Government Code Section §87300 and followinget seq., the Political Reform Act (California Government Code Section §81000 and followinget seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, Section §18110 and following et seq. of the California Code of Regulations), California Government Code Section §1090 and followinget seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. Consultant CONSULTANT may be required to file with the City CITY Clerk a completed Form 700 before commencing performance of the Services unless the City CITY Clerk determines that completion of a Form 700 is not required, pursuant to the CityCITY’s Conflict of Interest Code. Form 700 forms are available from the City CITY Clerk. The Consultant CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the ConsultantCONSULTANT’s obligations pursuant to this Agreement. The Consultant CONSULTANT agrees to cooperate fully with the City CITY and to provide any necessary and appropriate information requested by the City CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning the ConsultantCONSULTANT’s obligations pursuant to this Agreement. Consultant CONSULTANT may not employ any City CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of the City CITY have any financial interest in this Agreement that would violate California Government Code Section §1090 and followinget seq. Consultant CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the CityCITY. If Consultant CONSULTANT was an employee, agent, appointee, or official of the City CITY in the previous twelve months, Consultant CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. Consultant CONSULTANT understands that, if this Agreement is made in violation of Government Code Section §1090 and followinget seq., the entire Agreement is void and Consultant CONSULTANT will not be entitled to any compensation for ConsultantCONSULTANT’s performance of the Services, including reimbursement of expenses, and Consultant CONSULTANT will be required to reimburse the City CITY for any sums paid to the Consultant CONSULTANT under this Agreement. Consultant CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code Section §1090 may include criminal prosecution and disqualification from holding public office in the State of California. Any violation by the Consultant CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the City CITY reserves all its rights and remedies at law and equity concerning any such violations.

Appears in 1 contract

Samples: Master Agreement for Consultant Services

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