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<br />Page 6 of 9 <br />capacity by the Consultant or have any other direct or indirect financial benefit or interest in <br />this Agreement. <br /> <br />c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment <br />to those awards, to any former full-time employee for one-year from date of employee <br />separation except for any CalPERS retiree as authorized by City Council resolution <br /> <br />d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now <br />in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The <br />Consultant warrants that it is not now aware of any facts which conflict with the prohibitions <br />defined above. If the Consultant hereafter becomes aware of any facts that might reasonably <br />be expected to create a conflict of interest, it must immediately make full written disclosure of <br />such facts to the City. Full written disclosure must include, but is not limited to, identification <br />of all persons implicated and a complete description of all relevant circumstances. Failure to <br />comply with the provisions of this paragraph will be a material breach of this Agreement. <br /> <br />e. Consultant covenants that none of its directors, officers, employees, or agents shall participate <br />in selecting or administrating any subcontract supported (in whole or in part) by City funds <br />stemming from the Agreement where the awarding of the subcontract has any direct or indirect <br />financial benefit or interest to any individual, as defined in subsections (b) and (c) above. <br /> <br />12. NON-DISCRIMINATION <br /> <br /> Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, gender identity, gender expression, gender, medical conditions, genetic information, or <br />military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by <br />applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other <br />employment related activities or any services provided under this Agreement. Consultant affirms that it is <br />an equal opportunity employer and shall comply with all applicable federal, state and local laws and <br />regulations. <br /> <br />13. EXCLUSIVITY AND AMENDMENT <br /> <br />This Agreement represents the complete and exclusive statement between the City and Consultant, <br />and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict <br />between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. <br />This Agreement may not be modified except by written instrument signed by the City and by an authorized <br />representative of Consultant. The parties agree that any terms or conditions of any purchase order or other <br />instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or <br />obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, <br />inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting <br />on behalf of any party, which is not embodied herein. <br /> <br /> <br /> <br />