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C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first <br />procured or delivered under this Agreement. <br />13. CLEAN AIR / CLEAI~T WATER ACT. If the grant hereunder exceeds <br />$100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]• <br />Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental <br />Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter <br />amended. Under these laws and regulations, the CONTRACTOR assures that: <br />(a) No facility to be utilized in the performance of the proposed grant has been listed <br />on the EPA List of Violating Facilities; <br />(b) It will notify CITY prior to award of the receipt of any communication from the <br />Director, Off ce' of Federal Activities, U. S. EPA, indicating that a facility to be <br />utilized for the grant is under consideration to be listed on the EPA List of <br />Violating Facilities; <br />(c) It will notify the CITY and the EPA about any known violation of the above Laws <br />and regulations. <br />C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: <br />1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in <br />order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This <br />Agreement will be administered in an impartial manner, free from errors to gain personal, financial <br />political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will <br />avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, <br />special interest or desire for personal gain. <br />2. Employment of Former State or CITY Emplo ees. CONTRACTOR will ensure that any of <br />its employees who were formerly employed by the State of California or CITY, in a position that could <br />have enabled such individuals to impact policy regarding or implementation of programs covered by <br />this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this <br />Agreement for a period of not less than two years following the termination of such employment. <br />3. Conductin~Business Involvi~ Relatives No relative by blood, adoption or marriage of <br />any executive or employee of CONTRACTOR will receive favorable treatment when considered for <br />enrollment in programs provided by, or employment with, CONTRACTOR. <br />4. Conducting Business Involving Close Personal Friends and Associates. <br />Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of <br />influence that can be exerted by personal friends and associates and, in administering this Agreement, <br />will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is <br />being granted to friends and associates. When it is in the public interest for CONTRACTOR to <br />conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected <br />official in the area or a voting or non-voting member of the Workforce Investment Board (WIB}, a <br />permanent record of the transaction will be retained. <br />2 5 N -10 Page 8 of 14 <br />