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publicly available source; (c) is in rightful possession of the Vendor without an obligation of <br /> confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently <br /> developed by the Vendor without reference to information disclosed by the City. <br /> 11. CONFLICT OF INTEREST CLAUSE <br /> a. Vendor covenants that it presently has no interests and shall not have interests, <br /> direct or indirect, which would conflict in any manner with performance of services <br /> specified 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 Vendor or have any other direct or <br /> 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 CaIPERS retiree as authorized by City Council <br /> resolution. <br /> d. The Vendor 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 /> The Vendor warrants that it is not now aware of any facts which conflict with the <br /> prohibitions defined above. If the Vendor 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 /> e. Vendor covenants that none of its directors, officers, employees, or agents shall <br /> participate in selecting or administering 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 /> Vendor 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 /> Agreement. Vendor affirms that it is an equal opportunity employer and shall comply with all <br /> Paize 4 of 8 <br />