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<br />...6-' / J - ~¿1 <br /> <br />AGREEMENT FOR THE PERFORMANCE OF SERVICES <br />BY AND BETWEEN <br />CITY OF SANTA CLARA, CALIFORNIA <br />AND <br />CITY OF REDWOOD CITY <br /> <br />EXHIBIT D <br /> <br />ETHICAL STANDARDS FOR CONTRACTORS <br />SEEKING TO ENTER INTO AN A GREEMENT WITH <br />THE CITY OF SANTA CLARA, CALIFORNIA <br />Termination of Agreement for Certain Acts <br /> <br />A. <br /> <br />The City may, at its sole discretion, tenninate this Agreement in the event anyone <br />or more of the following occurs: <br /> <br />1. <br /> <br />If a Contractor! does any of the following: <br /> <br />a. <br /> <br />Is convicted2 of operating a business in violation of any Federal, <br />State or local law or regulation; <br /> <br />b. <br /> <br />Is convicted of a crime punishable as a felony involving <br />dishonestl; <br /> <br />c. <br /> <br />Is convicted of an offense involving dishonesty or is convicted of <br />fraud or a criminal offense in connection with: (1) obtaining; (2) <br />attempting to obtain; or, (3) perfonning a public contract or <br />subcontract; <br /> <br />d. <br /> <br />Is convicted of any offense which indicates a lack of business <br />integrity or business honesty which seriously and directly affects <br />the present responsibility of a City contractor or subcontractor; <br />and/or, <br /> <br />For purposes of this Agreement, the word "Contractor" (whether a person or a legal entity) means <br />any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the <br />power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a <br />primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding <br />stock of a corporation] and who is active in the day to day operations of that corporation. <br /> <br />For purposes of this Agreement, the words "convicted" or "conviction" mean a judgment or <br />conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a <br />plea, and ineIudes a conviction entered upon a plea of nolo contendere within the past five (5) years. <br /> <br />As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, <br />falsification or destruction of records, making false statements, failure to pay tax obligations, receiving <br />stolen property, collusion or conspiracy. <br /> <br />Ethical Standards for Contractors - Redwood City <br />Rev: 12/06/04 Exhibit D <br /> <br />Page 10f2 <br />