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2. The professional is in a position to supply information or effectively influence <br /> recommendations to either or both parties where the probable result of such information or <br /> recommendation may affect a material aspect of the work engaged by the others with financial <br /> interests in the transaction. A"material" aspect of the work is some substantial portion of the <br /> work in which independent professional judgment is expected from the professional as opposed <br /> to a purely information gathering or drafting. <br /> Illi. DISCLOSURE <br /> Where dual representation exists or is proposed, the professional shall provide full <br /> information in writing to the City and the other party with respect to the representation of the <br /> other party at the earliest possible time that the issue is known to the professional. <br /> Detailed disclosure of the nature and extent of the services to be rendered and areas <br /> where services overlap with that of the City should be provided by the professional. <br /> IV. CONSENT <br /> A. Where dual representation exists or is proposed, the professional hereby agrees <br /> that the City shall have the option of: <br /> 1. Providing Consent in writing; or <br /> 2. Withdrawing from any contractual commitment with the professional; or <br /> 3. Requesting the professional to not provide the services to the other party. <br /> B. At preliminary stages of project definition or in other appropriate situations, it may <br /> be appropriate to provide conditional consent. The conditional consent may specify factors <br /> which, if met, provide consent subject to the condition or for a definite duration of time. <br /> C. The City may, through the City Manager with the advice of the City's project <br /> manager or person supervising the work, consent to dual representation if: <br /> 1. the City and the other party will mutually benefit from the representation; and <br /> 2(a) either the City and the other party have agreed in advance to the financial <br /> responsibilities for the work of the professional and the financial <br /> responsibilities for the project; or <br /> (b) the work of the professional on one phase of the work for the other party <br /> will not significantly effect the overall work of the professional on behalf of <br /> the City; and <br /> 3. the City and the other parties have been fully informed with respect <br /> to all aspects of such dual representation; and <br /> 4. sufficient safeguards are in place such that the work of the <br /> professional for the City is effectively reviewed either by the City's <br /> 2 <br />