|
5. Avoidance of Conflict of Economic Interest. No executive or employee of
<br />CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
<br />accept money or any other consideration from a third person, for the performance of an act reimbursed
<br />in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
<br />with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
<br />voting member of the WIB will cast a vote on the provision of services or vote on any matter which
<br />would provide direct financial benefit to that member or any business or organization which the
<br />member directly represents.
<br />6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to
<br />comply with federal requirements regarding the limitations on salary and bonus payments in
<br />accordance with Public Law 109-149, Section 7013.
<br />VII.
<br />HOLD HARMLESS
<br />A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
<br />and employees, from and against any and all damages to property or injuries to or death of any person
<br />or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
<br />harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
<br />proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
<br />claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
<br />employees or subcontractors.
<br />B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
<br />and employees, from and against any and all damages to property or injuries to or death of any person
<br />or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
<br />harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
<br />actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
<br />CONTRACTOR, its employees or subcontractors.
<br />VIII.
<br />INSURANCE
<br />1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
<br />during the term of this Agreement a policy of comprehensive commercial public liability insurance
<br />insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
<br />death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
<br />less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
<br />any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
<br />endorsed to provide to CITY and to the State of California, Employment Development Department, at
<br />least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
<br />and volunteers, and the State of California, its officers, employees, and volunteers as Additional
<br />Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
<br />California and CITY (in substantially the form as Exhibit I , Additional Insured Endorsement, attached
<br />hereto). Governmental entities may substitute a certificate of self-insurance.
<br />Page 10 of 15
<br />
|