1991 - 07-08-91 Regular Meeting - Laserfiche WebLink

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emv 13 F~.c_ 914 3.15. Severability; Discretion of State; Headings; Counterparts. 3.15.1. In the event that any provision of this contract shall be considered IINI.O~ unlawful, it shall be considered severable and shall not affect the remainder of this Contract. 3.15.2. The SDA shall have the power and discretion to enforce any provision of this Contract and to select from among its remedies under this Contract or the law. The failure of the SDA to enforce a provision shall not constitute waiver of the provision or of the Contract. 3.15.3. The headings used herein are for the convenience of the parties and shall have no substantive effect on this Contract. 3.15.4. The Contract may be signed in identical counterparts. 3.16.1. Interest of Contractor. The Contractor covenants that neither the Contractor nor its agents or employees presently has an interest, nor shall acquire an interest, direct or indirect, or which would prevent, or tend to prevent, the satisfactory performance of the Contractor's service hereunder in an impartial and unbiased manner. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed by the Contractor as an agent, subcontractor, or otherwise. 3.16.2. Interest of Members of Council and Others. No officer, member or employee of the SDA, the SDA's Private Industry Council, and no public official of any local government which is affected in any way by the JTPA activities, shall participate in any decisions relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested; nor shall any such person have any interest, direct or indirect, in this Contract or the proceeds arising therefrom. 3.16.3. Officials Not to Benefit. No member of or delegate to the Congress of the United States of America, resident commissioner or employee of the United States Government, shall be entitled to any share or part of the Contract or any benefits to arise herefrom. 3.16.4. Nepotism. The Contractor agrees for itself and its subcontractors that no two members of an immediate family shall be employed within the same agency if such employment will result in one supervising a member of his immediate family, or in one occupying a position which has influence over the other's employment, promotion, salary administration, and other related management or personnel considerations. Immediate family is described as wife, husband, mother, father, brother, sister, son, daughter, mother-in-law, father- in-law, daughter-in-law, son-in-law, grandmother, grandfather, grandson, granddaughter, stepmother, or stepfather. This section shall also apply to applicants, participants, Contractor staff, and subcontractor staff involved in JTPA activities. 3.16.5. Maintenance of Effort. The Contractor shall comply with Section 143 of the Act and shall ensure that all programs under the Act: L (a) Result in an increase in employment and training opportunities over those which would otherwise be available. -9-