In any case in which a bond in favor of the City is required of any permittee, licensee, subdivider, owner, or other person under any provision or provisions of this Code or in connection with any permit, license, subdivision, exception or other approval, action or regulation validly granted, made or issued by the City Council, Planning Commission or other duly constituted body, agency or officer of the City, such bond shall be issued by a surety company duly authorized to transact surety business in the State of California, and shall be subject to the approval of the City Attorney. Unless the applicable law, permit, license, exception, approval or other action shall otherwise provide, in lieu of such surety bond there may be deposited with the Finance Director savings and loan certificates or shares, or certificates, or other evidence of deposit of funds in an amount equal to the required bond, together with an assignment thereof to the City and an agreement containing substantially the same provisions in favor of the City as the required bond; provided, that any such alternate security, the assignment in favor of the City and such agreement shall in every case be subject to the approval of the City Attorney. Unless applicable law requires otherwise, when a bond is required in connection with a parcel or tract map, a promissory note or agreement secured by a deed of trust of which the City is the beneficiary may be accepted in lieu of such surety bond, subject to the prior approval of the City Attorney and City Council in every case.
(Ord. 71-162 § 2; Ord. 93-1009 § 1)
Any proposal submitted to, and all contracts, agreements or entitlements entered into or granted by and between the City and any person, firm, or entity shall include a provision prohibiting collusion or financial interests in the following language:
Section _____. Warranty and Representation of Non-Collusion. No official, officer, or employee of the City has any financial interest, direct or indirect, in this ______________________ [insert appropriate terminology, e.g., RFP, proposal, bid, contract, agreement, memorandum of understanding], nor shall any official, officer, or employee of the City participate in any decision relating to this ______________________ [insert appropriate terminology, e.g., RFP, proposal, bid, contract, agreement, memorandum of understanding] which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. [insert appropriate terminology, e.g., contractor, consultant, proposer] warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any ______________________ [insert appropriate terminology, e.g., contract, agreement, entitlement, memorandum of understanding]. ______________________ [insert appropriate terminology, e.g., contractor, consultant, proposer] further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any __________ [insert appropriate terminology, e.g., contract, agreement, entitlement, memorandum of understanding]. ______________________ [insert appropriate terminology, e.g., contractor, consultant, proposer] is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this ______________________ [insert appropriate terminology, e.g., contract, agreement, entitlement, memorandum of understanding] void and of no force or effect.
______________________ [insert appropriate terminology, e.g., contractor, consultant, proposer] Initials _____
(Ord. 04-1310U § 1; Ord. 03-1300 § 1; Ord. 04-1310 § 1)