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EXHIBIT"D" <br /> DUAL REPRESENTATION AFFIDAVIT <br /> Albert Ettinger <br /> (Note: Every professional must completely fill out and sign this affidavit or must receive a determination that the <br /> affidavit is not required in connection with this contract. To obtain a determination, contact the City of Champaign <br /> Legal Department at 217-403-8765). <br /> STATE OF ILLINOIS ) <br /> )ss. <br /> COUNTY OF COOK <br /> The undersigned professional, being duly sworn, states and as certifies that it will read, review, <br /> agree to, and abide by the following City of Champaign Dual Representation Policy: <br /> I. DEFINITIONS <br /> A. A "professional' includes individuals and individuals within the same business <br /> organization or firm. The actions of one member of a multi-member firm are <br /> attributable to the firm as the "professional". <br /> B. A "project" may be a specific undertaking, defined as to scope and duration, or a <br /> course of general representation relative to a field of activity. <br /> C. "Dual Representation" is defined as a situation where: <br /> 1. the professional is engaged to provide or proposes to provide advice and <br /> recommendations to the City on either a specific project, a defined phase of a <br /> project or on a longer term continuous basis; and <br /> 2. the professional, simultaneously, with the representation of the City, <br /> provides or proposes to provide services to another person or entity that has <br /> a financial interest in the same project or a defined phase of the project. <br /> D. "Simultaneous representations" includes those work situations where the <br /> professional is contractually bound to the City and other party to provide services <br /> over a defined period of time. <br /> Il. FACTORS <br /> Relevant factors in determining whether dual representation exits or is proposed are the <br /> following: <br /> 1. Conflicting interests exist, i.e., where financial or other gain to one party in the <br /> transaction will affect financial or other gain to the other party; and, <br /> 2. The professional is in a position to supply information or effectively influence <br /> recommendations to either or botlq parties where the probable result of such <br />