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3. Conducting Business Involving Relatives. No relative by blood, adoption or
<br />marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
<br />considered for enrollment in programs provided by, or employment with, CONTRACTOR.
<br />4. Conducting Business Involving Close personal Friends and Associates. Executives
<br />and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that
<br />can be exerted by personal friends and associates and, in administering this Agreement, will exercise
<br />due diligence to avoid situations which give rise to an assertion that favorable treatment is being
<br />granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct
<br />business with a friend or associate of an executive or employee of CONTRACTOR, an elected official
<br />in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent
<br />record of the transaction will be retained.
<br />5. Avoidance of Conflict of Economic Interest. No executive or employee of
<br />CONTRACTOR or voting or non-voting member of a WIB, will solicit or accept money or any other
<br />consideration from a third person, for the performance of an act reimbursed in whole or part by
<br />CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement
<br />funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of
<br />the WIB will cast a vote on the provision of services or vote on any matter which would provide direct
<br />financial benefit to that member or any business or organization which the 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 injinies 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 />C. Both parties to this Agreement shall agree to defend, indemnify, and hold
<br />harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost,
<br />and expense arising out of any liability or claim of liability, sustained or claimed to have been
<br />sustained, arising out of activities, or the performance or nonperformance of obligations under this
<br />Agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers.
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