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circumstance which may inftuence or appear to influence Consultant's exercise of judgment or quality of the <br />Professional Services being provided under this Agreement. Consultant, its officers, personnel, subsidiaries <br />and subcontractors shall not perform consulting work for any third party that would in any way be in conflict <br />with the Professional Services to be provided to the City under this Agreement. <br />7.7 .8 Consultant, its officers, personnel, subsidiaries and subcontractors shall not, during the term <br />of this Agreement, serve as an expert witness against City in any legal or administrative proceeding unless <br />compelled by court process. Further, Consultant agrees that such persons shall not give sworn testimony or <br />issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the <br />interests of City or in connection with any pending or threatened legal or administrative proceeding. The <br />limitations of this section shall not preclude such persons from representing themselves in any action or in any <br />administrative or legal proceeding. <br />7.7.9 Consultant shall promptly notify the City in writing by certified mail of all potential conflicts of <br />interest or any event described in this Section. Said notification shall identify the prospective business interest <br />or circumstance and the nature of work that Consultant intends to undertake and shall request the opinion of <br />the City as to whether such association, interest or circumstance would, in the opinion of the City, constitute a <br />conflict of interest if entered into by Consultant. The City agrees to notify Consultant by certified mail of its <br />opinion within thirty (30) calendar days of receipt of the said notification and request for opinion. If, in the <br />opinion of the City, the prospective business association, interest or circumstance would not constitute a <br />conflict of interest by Consultant, the City shall so state in its opinion and Consultant may, at its option, enter <br />into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to <br />services provided to the City by Consultant under this Agreement. <br />7.7.10 In the event Consultant is permitted to utilize subcontractors to perform any services required <br />by this Agreement, Consultant agrees to prohibit such subcontractors, by written contract, from having any <br />conflicts as within the meaning of this section. <br />7.8. Lobbying Certification. <br />Consultant certifies to the best of its knowledge and belief that no Federal or State grant funds or other <br />resources received in connection with this Agreement will be used directly or indirectly to influence legislation <br />or any other official action by a Member of Congress, a member of the Florida Legislature or any state agency. <br />7 .9 Truth in Negotiation Statement <br />Signature of this Agreement by Consultant serves as the execution of a truth-in-negotiation certificate <br />certifying that the compensation and hourly rates and other expenses or costs to be compensated under this <br />Agreement and the associated work authorizations are accurate, complete and current at the time of <br />contracting. The fees and expenses payable under this Agreement shall be adjusted to exclude any <br />significant sums should the City determine that the fees and costs were increased due to inaccurate, <br />incomplete or non-current wage rates or due to inaccurate representations of fees paid to sub-consultants or <br />sub-contractors. Any such contract adjustments must be made within one year following the expiration or <br />termination of this Agreement. <br />7.10 Financial Capability <br />Consultant certifies that Consultant has not filed for bankruptcy in the past five (5) years and is <br />financially able to provide Professional Services under this Agreement. Consultant further warrants and <br />represents that it has no obligation or indebtedness that would impair its ability to meet the completion dates or <br />schedules to be established by work authorizations under this Agreement. <br />7.11 No Felony or Fraud <br />Consultant certifies that neither Consultant nor any of Consultant's principals have been convicted of a <br />felony or fraud . <br />Form-PSA CCNA Master 091914 <br />Erdman Anthony-14919 <br />101114 <br />14