|
1 Written Sub agreement The Contractor agrees to enter into a
<br />written agreement with each sub recipient (sub agreement) stating the terms and conditions of
<br />assistance by which the Project will be undertaken and completed.
<br />2 Compliance with Federal Requirements ' The Contractor agrees
<br />to implement the Project in a manner that will not compromise the Contractor's compliance with
<br />Federal and State laws, regulations, and directives, applicable to the Project and the
<br />Contractor's obligations under this Agreement for the Project and the FTA Master Agreement.
<br />Therefore, the Contractor agrees to include in each sub agreement appropriate clauses
<br />directing the sub recipient to comply with those requirements applicable to the Contractor
<br />imposed by this Agreement for the Project or the FTA Master Agreement andlextend those
<br />requirements as necessary to any lower level sub agreement or any third party contractor at
<br />each tier, except as the Department determines otherwise in writing.
<br />Section 7. Ethics
<br />a. Code of Ethics The Contractor agrees to maintain a written code or standards of
<br />conduct that shall govem the actions of its officers, employees, board members, or agents
<br />engaged in the award or administration of third party contracts, subagreements, or leases
<br />financed with Federal /State assistance. The Contractor agrees that its code or standards of
<br />conduct shall specify that its officers, employees, board members, or agents may neither solicit
<br />nor accept gratuities, favors, or anything of monetary.value from any present or potential third
<br />party contractor, lessee, or sub recipient at any tier or agent thereof. Such a conflict would
<br />arise when an employee, officer, board member, or agent, Including any member of his or her
<br />immediate family, partner, or organization that employs, or intends to employ, any of the
<br />parties listed herein has a financial interest in the firm selected for award. The Contractor may
<br />set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited
<br />item of nominal intrinsic value. The Contractor agrees that its code or standards shall also
<br />prohibit the its officers, employees, board members, or agents from using their. respective
<br />positions in a manner that presents a real or apparent personal or organizational conflict of
<br />interest or personal gain. As permitted by State or local law or regulations, the Contractor
<br />agrees that its code or standards of conduct shall include penalties, sanctions, or other
<br />disciplinary actions for violations by its officers, employees, board members, or their agents, or
<br />its third party contractors or sub recipients or their agents.
<br />1. Gifts. It is unlawful for any vendor or contractor ( i.e. architect, bidder,
<br />contractor, construction manager, design professional, engineer, landlord, offer or, seller,
<br />subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the
<br />Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and
<br />Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human
<br />Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the
<br />Office of the Governor). This prohibition covers those vendors and contractors who:
<br />(1) have a contract with a governmental agency; or
<br />(2) have performed under such a contract within the past year; or
<br />(3) anticipate bidding on such a contract in the future.
<br />State Executive Order 24 and G.S. Sec. 133 -32.
<br />b. Conflict of Interest Policy In accordance with N.C.G.S. 6.2(b1), the Contractor
<br />shall file with the Department a copy of Contractors policy addressing conflicts of interest that
<br />may arise involving the Contractor's management, employees, and the members of its board of
<br />directors or other governing body. The policy shall address situations in which any of these
<br />individuals may directly or indirectly benefit, except as the Contractor's employees or members
<br />of its board or other governing body, from the Contractor's disbursing of Federal/State funds
<br />and shall Include actions to be taken by the Contractor or the individual, or both to avoid
<br />Updated 3/01/11 Page 6 of 41
<br />Attachment number 2
<br />F -8 Page 140
<br />
|