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5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when <br />engaged in the performance of this AGREEMENT, shall act in an independent capacity <br />and not as officers, employees, or agents of STATE. <br />6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are <br />suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL <br />AGENCY agrees that it will notify STATE immediately in the event a suspension or a <br />debarment occurs after the execution of this AGREEMENT. <br />7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person <br />or selling agency has been employed or retained to solicit or secure this AGREEMENT <br />upon an agreement or understanding for a commission, percentage, brokerage, or <br />contingent fee, excepting bona fide employees or bona fide established commercial or <br />selling agencies maintained by LOCAL AGENCY for the purpose of securing business. <br />For breach or violation of this warranty, STATE has the right to annul this <br />AGREEMENT without liability, pay only for the value of the PROJECT work actually <br />performed, or in STATE'S discretion, to deduct from the price of PROJECT, or <br />otherwise recover, the full amount of such commission, percentage, brokerage, or <br />contingent fee. <br />8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY <br />hereby certifies under penalty of perjury that no more than one final unacceptable finding <br />of contempt of court by a federal court has been issued against LOCAL AGENCY within <br />the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to <br />comply with an order of a federal court that orders LOCAL AGENCY to comply with an <br />order of the National Labor Relations Board. <br />9. LOCAL AGENCY shall disclose any financial, business or other relationship <br />with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL <br />AGENCY shall also list current contractors who may have a financial interest in the <br />outcome of PROJECT undertaken pursuant to this AGREEMENT. <br />10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire <br />any financial or business interest that would conflict with the performance of PROJECT <br />initiated under this AGREEMENT. <br />11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured <br />through rebates, kickbacks, or other unlawful consideration either promised or paid to <br />any STATE employee. For breach or violation of this warranty, STATE shall have the <br />right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only <br />for PROJECT work actually performed; or to deduct from PROJECT price or otherwise <br />recover the full amount of such rebate, kickback, or other unlawful consideration. <br />12. Any dispute concerning a question of fact arising under this AGREEMENT that is <br />not disposed of by agreement shall be decided by the STATE'S Contract Officer, who <br />may consider any written or verbal evidence submitted by LOCAL AGENCY. The <br />BTAI 112-12-ORA-10 9