R2010-138 AUTHORIZING APPLICATION FOR A PUBLIC TRANSPORTATION CAPITAL ASSISTANCE GRANT

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H. Encumbrance of Proiect Property- Unless expressly authorized in writing by the Government, the Grantee agrees to refrain from: 1. Executing any transfer of title, lease, lien, piedge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way would affect the Government interest in any of the Project Facilities; or 2. Obligating itself in any manner to any third party which could result in an encumbrance of any of the Project Facilities. I. Insurance Proceeds- If the Grantee receives insurance proceeds as a result of damage or destruction to the Project Facilities, the Grantee agrees to (i)apply those insurance proceeds to the cost of replacing the damaged or destroyed Project Facilities, or(ii) return to the Department an amount equal to the remaining Government interest in the damaged or destroyed Project Facilities. ITEM 10-ETHICS A. Code of Conduct 1. Personal Conflict of Interest-The Grantee shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members or agents engaged in the award and administration of contracts supported by federal or state funds. Such code shall provide that no employee, officer, board member, or agent of the Grantee may participate in the selection, award, or administration of a contract supported by federal or state funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. The employee, officer, board member, or agent; b. Any member of his or her immediate family; c. His or her partner; or d. An organization that employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year. The code shall also provide that the Grantee's employees, officers, board members or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. The Department may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the Grantee or the locality relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the Grantee from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, 2. Oraanizational Conflict of Interest-The Grantee will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the State/Federal Capital Grant Page 11