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program, where the cost constitutes in dollar terms only an incidental portion of the ERA2 expenditure <br />for rendering the services under said program. <br />D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of <br />any person to fill a position funded through this Agreement if a member of that person's immediate <br />family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this <br />section, the term "immediate family' means spouse, child, mother, father, brother, sister, brother-in- <br />law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, <br />nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, <br />supervisor or management responsibilities. <br />E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by <br />U.S. Mail, postage prepaid, and addressed as follows: <br />TO CITY: City of Santa Ana <br />Steven Mendoza <br />Executive Director <br />Community Development Agency <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702-19K <br />TO SUBRECIPIENT: Latino Health Access <br />450 W. 411' Street, Suite 130 <br />Santa Ana, CA 92701 <br />Tel: (714) 542-7792 <br />F. Assi ng ability. None of the duties of, or work to be performed by, SUBRECIPIENT <br />under this Agreement shall be subcontracted or assigned to any agency, consultant, or person <br />without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and <br />other agreements that relate to this Agreement to CITY. No subcontract or assignment shall <br />terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. <br />G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save <br />harmless CITY, its officers, employees, agents, representatives and volunteers from and against any <br />and all damages to or for loss of use of property and for injuries to or death of any person or persons, <br />including property and employees or agents of CITY, and shall defend, indemnify and save harmless <br />CITY, its officers, employees, agents, representatives and volunteers from and against any and all <br />claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of <br />limitation, workers compensation claims and including attorney fees and reasonable expenses for <br />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 <br />suppliers arising out of SUBRECIPIENT's performance of this Agreement. <br />H. Insurance. <br />13 <br />