Addendum to Contract - Northern Indiana Workforce Board, Inc. - Increase Funds for Pathways Program

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agent or any third party, or (ii) divulge, disclose or communicate in any manner any Information to any third party without the written consent of the BPW. The Provider shall be responsible for maintaining the confidentially of any Information in its possession, including taking appropriate measures to secure said Information against such uses and dissemination and to inform any person to which it allows to access such information of its confidentiality. The Provider shall be responsible for any actions taken by those individuals or organizations who or which receive or obtain such Information from the Provider. A violation of this SECTION 7 shall be deemed to be a material breach of this Agreement. B. Covenant Survive Ajreen?ent. The confidentiality provisions of this Agreement will remain in full force and effect after, and survive the termination, of this Agreement. C. Conflict of Interest. The Provider hereby certifies and agrees that no official, employee, or agent of the City and no member of a governing body of the City of South Bend or the Provider (and no one with whom they have family or business ties) who exercises any functions or responsibilities with respect to this Agreement 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 this Agreement. D. Conflict of Interest; Non -Collusion. The Provider acknowledges that he or she (or it and its directors, officer, employees and agents), may potentially be deemed to be a "public servant" as defined by Indiana Code § 35-31.5-2-261. The Provider hereby represents and certifies that it may enter into this agreement under Indiana Code 35-44.1-1 and, to the extent applicable, has executed and filed with the City and the appropriate bodies a Uniform Conflict of Interest Disclosure Statement in the form prescribed by law. In addition, the Provider agrees to execute and file with the City an affidavit in the form attached hereto as Exhibit C. SECTION 8. Relationship. A. Independent Contractor. The Provider shall at all times be an independent contractor of the City, and no act, action, or omission to act by the Provider shall in any way bind or obligate the City, except as specifically provided under the terms of this Agreement. No employee of the Provider will be deemed an employee of the City. It is understood and agreed by the parties that the Provider will not be entitled to any benefits enjoyed by the City or the staff of the City in the normal course of their employment. B. Tax Oblikations. 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 City, 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 City shall provide IRS Form 1099 if applicable. SECTION 9. Indemnification.