R2002-95 AUTHORIZING AN AGREEMENT

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, � 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; � r f hi or her immediate famii ; (b) Any membe o s Y (c) His or her partner;or (d) An organization that employs,or is about to employ,any of the above. The conflict of interest requirement 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 Depa�tment 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) Orqanizational Conflict of Interest. Grantee will also prevent any real or apparent organizational confliet of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may,without some restriction on future activities, result in � an unfair competitive advantage to the third party contractor or Grantee or impair the objectivity in � performing the contract work. B. Interest of Members of or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Project or any benefit therefrom. . C. Bonus or Commission. The Grantee warrants that no person or selling agency has been employed or retained to solicit or secure this Grant or Agreement,upon an agreement or understanding for a commission,percentage, brokerage,or contingent fee.The State shall have the right to annul this Agreement without liability,or at its discretion to deduct such commission or fee. No State officer or employee,or member of the State General Assembly or of any unit of local govemment who or which contribu4es to the Project Funds shall be allowed to share in any part of this Agreement or to any benefits arising therefrom. D. False or Fraudulent Statements or Claims. The Grantee acknowledges that if it makes a false,flctitious,or fraudulent claim,statement,submission,or certification to the Govemment in connection with this Project,the Govemment reserves the right to impose on the Grantee the penalties of 18 U.S.C.Section 1001,49 U.S.C. Sections 5307,31 U.S.C.3801,and 48 CFR 31,as the Govemment may deem appropriate. Grantee agrees to inGude this dause in all state and federal assisted contracts and subcontracts. E. Lobb in . The Grantee agrees that it will not use federal assistance to suppoR lobbying. The Grantee certifies that it has complied with 31 U.S.G§ 1352,as amended by the Lobbying DisGosure Act of 1995 and 49 CFR Part 20. Grantee has signed the attached Lobbying Cert'�fication(as part of Exhibit C)and will incorporate it in its applicable third party contracts and require a comparable cert'dication from its contractors or subcontractors. F. Debarment. The Grantee agrees to comply with the requirements of Executive Order No. 12549 and 12689 "Debarment and Suspension,"31 U.S.C.Sec.6101 note,and U.S. Department of Transportation regulations on Debarment. See 49 CFR 29. Grantee also agrees to obtain certifications on Debarment and Suspension nom its third party contradors and subcontracts and otherwise comply with Govemment regulations. The Grantee has signed the attached Debarment certification(as part of Exhibit C). Sta�e/Federa!Capita!Grant PaBe��