6.C.(5) Agreement for Services with Hathaway 2

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C. Conflict of Intel°est. The Provider hereby certifies and agrees that no member, officer, or employee of the Connnission, or its designees or agents, (and no one with whom they have family or business ties) who exercises any functions or responsibilities with respect to the Project during his or her tenure or for one year thereafter, shall have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds thereof; for work to be performed in connection with the Project. The Provider further agrees that it will incorporate into every written contract the following provision: .INTEREST OF CONTRACTOR AND EMPLOYEES: The Conh•actor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Program, and no one with whom they have family or business tics- has ally personal financial benefit, direct or indirect in this Contract. D. Uniform Conflict of Interest Disclosure State~r~ent. The Provider acknowledges that its directors, officer, employees and agents, may potentially be deemed to be a "public servant"' as defined by Indiana Code~~' 35-41-1-24. The Provider hereby represents and certifies that it may enter into this agreement under Indiana Code 354-1 and, to the extent applicable, will execute and file with the Commission and any other appropriate bodies a Uniform Conflict of Interest Disclosure Statement, the form of which is attached hereto and incorporated herein as Exhibit C. SECTION 8. Relationship. A. Indc~pc~ndent Contractor. The Provider shall at all times be an independent contractor rather than an employee of the Commission, and no act, action or omission to act by the Provider shall in any way bind or obligate the Commission, except as specifically provided under the terns of this Agreement. It is understood and agreed by the parties that the Provider will not be entitled to any benefits enjoyed by the Commission or the staff of the Connnission in the normal course of their emplo}nnent. B. Tax Obli~atious. The Provider is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The Commission, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to the Provider in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The Commission shall provide IRS Form 1099 if applicable. SECTION 9. Indemnification. The Provider hereby agrees to defend, indemnify, and hold harmless the Commission, its officials, directors, employees, and agents from any and all claims of 8