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<br />'. <br /> <br />AGREEMENT FOR CONSULTING SERVICES <br />by and between the <br />CITY OF SANTA CLARA, CALIFORNIA <br />and <br />CITY OF RED\VOOD CITY, CALIFORNIA <br /> <br />EXHIBIT D <br /> <br />ETHICAL STANDARDS <br /> <br />A. <br /> <br />City may, at its sole discretion, terminate this Agreement in the event anyone or more ofthe <br />following occurs: <br /> <br />1. <br /> <br />If a CONTRACTOR 1 does any of the following: <br /> <br />a. <br /> <br />Is convicted2 of operating a business in violation of any federal, state or local <br />law or regulation; <br /> <br />b. <br /> <br />Is convicted of a crime punishable as a felony involving dishonestl; <br /> <br />c. <br /> <br />Is convicted of an offense involving dishonesty or is convicted of fraud or a <br />criminal offense in connection with: (1) obtaining; (2) attempting to obtain; <br />or, (3) performing a public contract or subcontract; <br /> <br />d. <br /> <br />Is convicted of any offense which indicates a lack of business integrity or <br />business honesty which seriously and directly affects the present <br />responsibility of a CONTRACTOR or subcontractor; and/or, <br /> <br />e. <br /> <br />Made (or makes) any false statement(s) or representation(s) with respect to <br />this Agreement. <br /> <br />2. <br /> <br />If fraudulent, criminal or other seriously improper conduct of any officer, director, <br />shareholder, partner, employee or other individual associated with the <br />CONTRACTOR can be imputed to the CONTRACTOR when the conduct occurred <br />in connection with the individual's performance of duties for or on behalf of the <br /> <br />For purposes of this Agreement, the word "Contractor" (whether a person or a legal entity) means any of the following: an owner or co- <br />owner ora sole proprietorship; a person who controls or who has the power to control a business entity; a general partner ora partnership; a <br />principal in ajoint venture; or a primary corporate stockholder [i,e,. a person who O\\11S more than ten percent (10%) of the outstanding stock <br />of a corporation] and who is active in the day to day operations of that corporatio¡~, <br /> <br />2 <br /> <br />For purposes of this Agreement. the words "convicted" or "conviction" mean ajudgment or conviction ora criminal offense by any court of <br />competent jurisdiction, whether entered upon 3 verdict or a plea. and includes a conviction entered upon a plea of nolo contendere within the <br />past live (5) }ears, <br /> <br />3 <br /> <br />As used herein. "dishonesty" includes, but is not limited to. embezzlement. theft. forgery. bribery. falsification or destruction of records, <br />making false statements, failure to pay tax obligations. receiving stolen property, collusion or conspiracy, <br /> <br />Page 1 of 2 <br /> <br />Consultant Services Agmt. City of Redwood City <br />Rev: 12/06/01 Exhibit "D" <br /> <br />-r"'~' <br />