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be subject to any continuing obligations imposed on the Grantee by this Agreement <br /> or contained in the final notification from the Department. <br /> ITEM 12 - ETHICS <br /> A. Code of Conduct <br /> 1. Personal Conflict of Interest—The Grantee shall maintain a written code <br /> or standard of conduct which shall govern the performance of its <br /> employees, officers, board members, or agents engaged in the award <br /> and administration of contracts supported by state or federal funds. <br /> Such code shall provide that no employee, officer, board member or <br /> agent of the Grantee may participate in the selection, award, or <br /> administration of a contract supported by state or federal funds if a <br /> conflict of interest, real or apparent would be involved. Such a conflict <br /> would arise when any of the parties set forth below has a financial or <br /> other interest in the firm 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 which employs, or is about to employ, any of the <br /> above. <br /> The conflict of interest restriction for former employees, officers, board members <br /> and agents shall apply for one year. <br /> The code shall also provide that Grantee's employees, officers, board members, <br /> or agents shall neither solicit nor accept gratuities, favors or anything of <br /> monetary value from contractors, potential contractors, or parties to <br /> subcontracts. The Department may waive the prohibition contained in this <br /> subsection, provided that any such present employee, officer, board member, or <br /> agent shall not participate in any action by the Grantee or the locality relating to <br /> such contract, subcontract, or arrangement. The code shall also prohibit the <br /> officers, employees, board members, or agents of the Grantee from using their <br /> positions for a purpose that constitutes or presents the appearance of personal <br /> or organizational conflict of interest or personal gain. <br /> 2. Organizational Conflict of Interest—The Grantee will also prevent any real or <br /> apparent organizational conflict of interest. An organizational conflict of interest <br /> exists when the nature of the work to be performed under a proposed third party <br /> contract or subcontract may, without some restriction on future activities, result in <br /> an unfair competitive advantage to the third party contractor or Grantee or impair <br /> the objectivity in performing the contract work. <br /> B. Bonus or Commission -The Grantee warrants that no person or selling agency has <br /> been employed or retained to solicit or secure this Grant or Agreement upon an <br /> agreement or understanding for a commission, percentage, brokerage, or contingent <br /> fee. The State shall have the right to annul this Agreement without liability, or at its <br /> discretion to deduct such commission or fee. No State officer or employee, or <br /> member of the State General Assembly or of any unit of local government who or <br /> Downstate Public Transportation Operating Grant Page 10 <br />