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Section 9
<br /> No Obligation by the State Government
<br /> No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability for WSDOT with
<br /> regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the
<br /> award of any contract or subcontract or the solicitations thereof.The CONTRACTOR hereby agrees to include this provision in all
<br /> contracts it enters into for the employment of any individuals,procurement of any materials,or the performance of any work to be
<br /> accomplished under this AGREEMENT.
<br /> Section 10
<br /> Personal Liability of Public Officers
<br /> No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this
<br /> AGREEMENT,it being understood that in such matters they are acting solely as agents of WSDOT.
<br /> Section 11
<br /> Ethics
<br /> A. Code of Ethics. The CONTRACTOR agrees to maintain a written code or standards of conduct that shall govern the
<br /> performance of its officers,employees,board members,or agents engaged in the award and administration of contracts,and agrees
<br /> to comply with chapter 42.52 RCW.The code or standards shall provide that the CONTRACTOR's officers,employees,board
<br /> members,or agents may neither solicit nor accept gratuities,favors,or anything of monetary value from any present or potential
<br /> sub-contractor or sub-recipient.The CONTRACTOR may set minimum rules where the financial interest is not substantial,or the
<br /> gift is an unsolicited item of nominal intrinsic value.These codes or standards shall prohibit the CONTRACTOR's officers,
<br /> employees,board members,or agents from using their positions for a purpose that constitutes or presents the appearance of
<br /> personal or organizational conflict of interest or personal gain.As permitted by state or local law or regulations,such code or
<br /> standards shall include penalties,sanctions,or other disciplinary actions for violations by the CONTRACTOR's officers,
<br /> employees,board members,or agents,or by subcontractors or sub-recipients or their agents.
<br /> 1. Personal Conflict of Interest. The CONTRACTOR's code or standards shall prohibit the CONTRACTOR's employees,
<br /> officers,board members,or agents from participating in the selection,award,or administration of a contract supported by state
<br /> funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the PARTIES set forth
<br /> below has a financial or other interest in the firm or entity selected for award:
<br /> a. The employee,officer,board member,or agent;
<br /> b. Any member of his or her immediate family;
<br /> c. His or her partner;or
<br /> d. An organization that employs,or is about to employ,any of the above.
<br /> 2. Organizational Conflict of Interest. The CONTRACTOR's code or standard of conduct must include procedures for
<br /> identifying and preventing real and apparent organizational conflicts of interest.An organizational conflict of interest exists when
<br /> the nature of the work to be performed under a proposed third party contract may,without some restrictions on future activities,
<br /> result in an unfair competitive advantage to the third party contractor or impair its objectivity in performing the work under this
<br /> AGREEMENT.
<br /> B. Relationships with Employees and Officers of WSDOT: The CONTRACTOR shall not extend any loan,gratuity or gift of
<br /> money in any form whatsoever to any employee or officer of WSDOT,nor shall CONTRACTOR rent or purchase any equipment
<br /> and materials from any employee or officer of WSDOT.
<br /> C. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full,part-
<br /> time,or other basis during the period of this AGREEMENT,any professional or technical personnel who are,or have been,at any
<br /> time during the period of this AGREEMENT,in the employ of WSDOT without written consent of WSDOT.
<br /> Section 12
<br /> Compliance with Laws and Regulations
<br /> The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to,
<br /> those concerning employment,equal opportunity employment,nondiscrimination assurances,project record keeping necessary to
<br /> evidence compliance with such federal and state laws and regulations,and retention of all such records. The CONTRACTOR will
<br /> adhere to all of the nondiscrimination provision in chapter 49.60 RCW.
<br /> Page 3 of 9 GCA5507
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