Common use of Conflicts of Interest Prohibited Clause in Contracts

Conflicts of Interest Prohibited. 3.8.1 PPDM understands that District officials and employees are prohibited from involvement in decisions in which they may have a financial interest pursuant to Government Code sections 1090 and 87100 et seq., and certifies that it does not know of any facts indicating that any District official or employee has an ownership or other financial interest, direct or indirect, in this Agreement. Further, PPDM hereby certifies that no current District official or employee of District, and no one who has been a District official or employee of District within the past two years has participated in bidding, selling or promoting this Agreement. PPDM understands that in addition to the remedies available at law, that any failure to provide an accurate certification or any violation of this provision shall make the Agreement voidable by District. 3.8.2 If involved in the preparation of request for proposals or selection thereof, PPDM shall not be permitted to submit proposals or otherwise seek contracts for the following services to be procured by District in connection with any project covered by this Agreement: Design Professional, Construction Manager, IOR or Test/Inspection. If PPDM identifies potential Design Professional, Construction Manager, Project Inspector or Test/Inspection services in connection with a project, PPDM shall affirmatively and unequivocally represent and warrant to District that neither PPDM nor any person who holds equity interest in PPDM’s organization is a former or current holder of any equity interest in the firm identified or has any financial interest in the firm identified. District reserves the sole discretion to waive this subsection’s requirements on a case-by-case basis.

Appears in 2 contracts

Sources: Program Planning and Design Management Services Agreement, Program Planning and Design Management Services Agreement

Conflicts of Interest Prohibited. 3.8.1 PPDM PM understands that District officials and employees are prohibited from involvement in decisions in which they may have a financial interest pursuant to Government Code sections 1090 and 87100 et seq., and certifies that it does not know of any facts indicating that any District official or employee has an ownership or other financial interest, direct or indirect, in this Agreement. Further, PPDM PM hereby certifies that no current District official or employee of District, and no one who has been a District official or employee of District within the past two years has participated in bidding, selling or promoting this Agreement. PPDM PM understands that in addition to the remedies available at law, that any failure to provide an accurate certification or any violation of this provision shall make the Agreement voidable by District. 3.8.2 If involved in the preparation of request for proposals or selection thereof, PPDM PM shall not be permitted to submit proposals or otherwise seek contracts for the following services to be procured by District in connection with any project covered by this Agreement: Design Professional, Construction Manager, IOR or Test/Inspection. If PPDM PM identifies potential Design Professional, Construction Manager, Project Inspector or Test/Inspection services in connection with a project, PPDM PM shall affirmatively and unequivocally represent and warrant to District that neither PPDM PM nor any person who holds equity interest in PPDMPM’s organization is a former or current holder of any equity interest in the firm identified or has any financial interest in the firm identified. District reserves the sole discretion to waive this subsection’s requirements on a case-by-case basis.

Appears in 2 contracts

Sources: Program Management Services Agreement, Program and Construction Management Services Agreement