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director, officer, employee or agent of the subcontractor; or where the selection <br />of subcontractors is or has the appearance of being motivated by a desire for <br />personal gain for themselves or others such as family business, etc.; or where <br />such person knows or should have known that: <br />1. A member of such person's immediate family, or domestic partner or <br />organization has a financial interest in the subcontract; <br />2. The subcontractor is someone with whom such person has or is negotiating <br />any prospective employment; or <br />3. The participation of such person would be prohibited by the California <br />Political Reform Act, California Government Code §87100 et seq. if such <br />person were a public officer, because such person would have a "financial <br />or other interest" in the subcontract. <br />B. Definitions: <br />The term "immediate family" includes but is not limited to domestic partner <br />and/or those persons related by blood or marriage, such as husband, wife, <br />father, mother, brother, sister, son, daughter, father in law, mother in law, <br />brother in law, sister in law, son in law, daughter in law. <br />2. The term "financial or other interest" includes but is not limited to: <br />a. Any direct or indirect financial interest in the specific contract, including <br />a commission or fee, a share of the proceeds, prospect of a promotion <br />or of future employment, a profit, or any other form of financial reward. <br />b. Any of the following interests in the subcontractor ownership: partnership <br />interest or other beneficial interest of five percent or more; ownership of <br />five percent or more of the stock; employment in a managerial capacity; <br />or membership on the board of directors or governing body. <br />C. The SUB -RECIPIENT further covenants that no officer, director, employee, or <br />agent shall solicit or accept gratuities, favors, anything of monetary value from <br />any actual or potential subcontractor, supplier, a party to a sub agreement, (or <br />persons who are otherwise in a position to benefit from the actions of any <br />officer, employee, or agent). <br />D. The SUB -RECIPIENT shall not subcontract with a former director, officer, or <br />employee within a one year period following the termination of the relationship <br />between said person and the Contractor. <br />E. Prior to obtaining the CITY'S approval of any subcontract, the SUB - <br />RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, <br />direct or indirect, of the SUB -RECIPIENT or any of its officers, directors or <br />employees or their immediate family with the proposed subcontractor and its <br />officers, directors or employees. <br />14 <br />