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R94-116 AUTHORIZING AN AGREEMENT WITH THE UNITED STATE DEPARTMENT OF TRANPORTATION
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R94-116 AUTHORIZING AN AGREEMENT WITH THE UNITED STATE DEPARTMENT OF TRANPORTATION
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Resolution/Ordinance
Res Ord Num
R94-116
Res Ord Title
AUTHORIZING AN AGREEMENT WITH THE UNITED STATE DEPARTMENT OF TRANSPORTATION FOR A FEDERAL TRANSIT ADMINISTRATION CAPITAL ASSISTANCE GRANT PROJECT NO. IL-90-X261
Approved Date
8/15/1994
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�� .� <br /> Agreement. In additiun, the Recipient agrees to notify the Government (FTA) immediately of <br /> any _ <br /> decision pertaining to the Recipient's conduct of litigation that may affect the Government's <br /> interests in the Project or the Government's administration or enforcement of applicable Federal <br /> laws or regulations. Before the Recipient may name the Government as a party to litigation for <br /> an}� reason, the Recipient agrees to infoim the Government; this proviso applies to any type of <br /> iitigation whatsoever, in any forum. <br /> e. No Government Obli�rions to Third Parties. Absent the Government's express written <br /> consent, and notwithstanding any concurrence by the Government in or approval of the award of <br /> any contract of the Recipient (third party contract) or subcontract of the Recipient (third party <br /> subcontract) or the solicitation thereof, the Government shall not be subject to any obligations or <br /> liabilities to third party contractors or third party subcontractors or any other person not a party <br /> to this Agreement in connection w�th the performance of this Project. <br /> Section 14�. Ethics. <br /> a. Code of Ethics. ?he Recipient agrees to maintain a written code or standards of conduct that <br /> shall govern the performance of its officers, employees, board members, or agents engaged in <br /> the award and administration of contracts supported by Federal funds. The code or standards <br /> shali pro��ide that the Recipient's officers, employees, board members, or agents may neither <br /> solicit nor accept gratuities, favors or anything of monetary value from present or potential <br /> contractors or subrecipients. The Recipient may set minimum rules where the financial interest <br /> is not substantial or the gift is an unsolicited item of nominal intrinsic value. As permitted by <br /> Stace or local law or regulations, such code or standards shall provide for penalties, sanctions, or <br /> other disciplinary actions for violations by the Recipient's officers, employees, board members, <br /> or agents, or by contractors or subrecipients or their agents. <br /> � 1 � Personal Conflict of Interest. The Recipient's code or standards must provide that no <br /> emplovee, officer, board member, or agent of the Recipient may participate in the selection, <br /> a���ard. or administration of a contract supported by Federal funds if a real or apparent conflict of <br /> interest would be involved. Such a conflict would arise when any of the parties set forth below <br /> has a financia] or other interest in the finn 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 that employs, or is about to employ, any of the above. <br /> (2) Organizational Conflicts of Interest. The Recipient's code or standards of conduct must <br /> include procedures for identifying and preventing real and apparent organizational conflicts of <br /> interests. An organizational conflict of interest exists when the nature of the work to be <br /> performed under a proposed third party contract may, without some restrictions on future <br /> activities, result in an unfair competitive advantage to the contractor or impair the contractor's <br /> objectivity in performing the contract work. <br /> Page 4 <br />
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