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property, which are directly related to the cost of rendering the services under said program, where the cost
<br />constitutes in dollar terms only an incidental portion of the CDBG-CV expenditure for rendering the services
<br />under said program.
<br />VI. PROIIIBITION OF NEPOTISM
<br />SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded
<br />through this Agreement if a member of that person's immediate family is employed in an administrative
<br />capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse,
<br />child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
<br />daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity"
<br />means having selection, hiring, supervisor or management responsibilities.
<br />VII. NOTICES
<br />Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage
<br />prepaid, and addressed as follows:
<br />TO CITY: City of Santa Ana
<br />Community Development Agency (M-25)
<br />20 Civic Center Plaza
<br />P.O. Box 1988
<br />Santa Ana, California 92702-1988
<br />TO SUBRECIPIENT: Captain Nesan Kistan, Divisional Secretary
<br />The Salvation Army Orange County
<br />10200 Pioneer Road
<br />Tustin, CA 92782
<br />Tel: (714) 545-2937
<br />VIII. ASSIGNABILITY
<br />None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be
<br />subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY.
<br />SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY.
<br />No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to
<br />this Agreement.
<br />IX. HOLD HARMLESS
<br />SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents,
<br />representatives and volunteers from and against any and all damages to or for loss of use of property and for
<br />injuries to or death of any person or persons, including property and employees or agents of CITY, and shall
<br />defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers
<br />from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including,
<br />but not by way of limitation, workers compensation claims and including attorney fees and reasonable
<br />expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
<br />omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising
<br />out of SUBRECIPIENT's performance of this Agreement.
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