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<br /> subcontractor.The CONTRACTOR may set minimum rules where the financial interest is not substantial,or the gift is an unsolicited
<br /> item of nominal intrinsic value.These codes or standards shall prohibit the CONTRACTOR's officers,employees,board members,or
<br /> agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of
<br /> interest or personal gain.As permitted by state or local law or regulations,such code or standards shall include penalties,sanctions,or
<br /> other disciplinary actions for violations by the CONTRACTOR's officers,employees,board members,or agents,or by contractors or
<br /> subcontractors or their agents.
<br /> B. 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 funds
<br /> if a real or apparent conflict of interest would be involved.Such a conflict would arise when any of the PARTIES set forth below has a
<br /> financial or other interest in the firm or entity selected for award:
<br /> 1. The employee,officer,board member,or agent;
<br /> 2. Any member of his or her immediate family;
<br /> 3. His or her partner;or
<br /> 4. An organization that employs,or is about to employ,any of the above.
<br /> C. 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 the
<br /> nature of the work to be performed under a proposed third party contract may,without some restrictions on future activities,result in
<br /> an unfair competitive advantage to the third party contractor or impair its objectivity in performing work under this AGREEMENT.
<br /> D. 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 the CONTRACTOR rent or purchase any Project
<br /> equipment and materials from any employee or officer of WSDOT.
<br /> E. 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 15
<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,those
<br /> concerning employment,equal opportunity employment,nondiscrimination assurances,project record keeping necessary to evidence
<br /> compliance with such federal and state laws and regulations,and retention of all such records. The CONTRACTOR will adhere to all
<br /> of the nondiscrimination provision in Chapter 49.60 RCW.
<br /> Section 16
<br /> State and Local Law
<br /> Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the
<br /> CONTRACTOR to observe or enforce compliance with any provision,perform any other act,or do any other thing in contravention of
<br /> state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violate state,or local law,or would
<br /> require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing.
<br /> Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary,
<br /> expeditiously,terminate the Project.
<br /> Section 17
<br /> Labor Provisions
<br /> Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require
<br /> or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which
<br /> he or she is employed on such work to work in excess of forty(40)hours in such workweek unless such laborer or mechanic receives
<br /> compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty(40)hours in
<br /> such workweek. CONTRACTOR will comply with Title 49 RCW,Labor Regulations.
<br /> Everett Transit/GCA 6116 Page 5
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