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State of California, regarding separation of church and state <br />12. CLEAN AIR ACT / CLEAN WATER ACT. If the grant <br />hereunder exceeds $100,000, CONTRACTOR must comply with the Clean Air <br />Act ("CAA")[(42 USC 7401, et seq.]; the Clean Water Act ("CWA") (33 USC <br />1368); Executive Order 11738 and United States Environmental Protection <br />Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be <br />hereafter amended. Under these laws and regulations, the CONTRACTOR <br />assures that: <br />(a) No facility to be utilized in the performance of the proposed grant has been <br />issued a violation from the EPA under the CAA or CWA; <br />(b) It will notify CITY prior to award of the receipt of any communication from <br />the Director, Office of Federal Activities, EPA, indicating that a facility to be <br />utilized for the grant is under consideration for issuance of a violation under <br />the CAA or CWA; and, <br />(c) It will notify the CITY and the EPA about any known violation of the above <br />laws and regulations. <br />13. CONTRACTOR agrees to adhere to the following STANDARDS <br />OF CONDUCT: <br />(a) General Assurance. Every reasonable course of action will be taken by <br />CONTRACTOR in order to maintain the integrity of this expenditure of <br />public funds and to avoid favoritism. This Agreement will be administered <br />in an impartial manner, free from errors to gain personal, financial, political <br />gain. CONTRACTOR, its officers and employees, in administering this <br />Agreement, will avoid situations, which give rise to a suggestion that any <br />decision was influenced by prejudice, bias, special interest or desire for <br />personal gain. <br />(b) Employment of Former State or CITY Employees. CONTRACTOR will <br />ensure that any of its employees who were formerly employed by the State of <br />California or CITY, in a position that could have enabled such individuals to <br />impact policy regarding or implementation of programs covered by this <br />Agreement, will not be assigned to any part or phase of the activities <br />conducted pursuant to this Agreement for a period of not less than two (2) <br />years following the termination of such employment. <br />(c) Conducting Business Involvinle Relatives. No relative by blood, adoption or <br />marriage of any executive or employee of CONTRACTOR will receive <br />favorable treatment when considered for enrollment in programs provided by, <br />or employment with, CONTRACTOR. <br />Page 10 of 18 <br />