Res 2004-179 - Laserfiche WebLink

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I I I Attachment B Project Title: STEP Wave Subgrantee: City of San Marcos lunches and items that have received the advanced wrItten approval of the Department's ExecutIve DIrector . Any person domg busmess with or who reasonably speaking may do business wIth the Department under thIS Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to thIS policy may result m termmation of thIS Agreement. ARTICLE 16. NONCOLLUSION The Sub grantee warrants that It has not employed or retained any company or person, other than a bona fide employee working solely for the Sub grantee, to SOliCIt or secure this Agreement, and that it has not paId or agreed to pay any company or person, other than a bona fide employee, any fee, commiSSIOn, percentage, brokerage fee, gIft, or any other conSIderatIon contingent upon or resultmg from the award or makmg of thIS Agreement. If the Subgrantee breaches or VIOlates thIS warranty, the Department shall have the right to annul thIS Agreement without lIabilIty or, in its discretion, to deduct from the Agreement price or consideratIon, or otherwise recover the full amount of such fee, commiSSIOn, brokerage fee, contingent fee, or gIft. ARTICLE 17. CONFLICT OF INTEREST The Sub grantee represents that it or its employees have no conflict of interest that would in any way interfere with its or ItS employees' performance or which in any way conflicts with the interests ofthe Department. The Subgrantee shall exercise reasonable care and dIligence to prevent any actIOns or condItIons that could result m a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Sub grantee certIfies that It presently has adequate qualIfied personnel in its employment to perform the work reqUIred under this Agreement, or will be able to obtam such personnel from sources other than the Department. All employees of the Sub grantee shall have such knowledge and expenence as will enable them to perform the duties assigned to them. Any employee of the Sub grantee who, in the opinion of the Department, is mcompetent or whose conduct becomes detnmental to the work, shall immediately be removed from aSSOCIatIOn WIth the project. Unless otherwIse speCIfied, the Subgrantee shall furnIsh all eqUIpment, matenals, supplIes, and other resources reqUIred to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Sub grantee shall establish and admmIster a system to procure, control, protect, preserve, use, mamtam, and dispose of any property furnished to It by the Department or purchased pursuant to thIS Agreement m accordance with its own property management procedures, prOVIded that the procedures are not m conflIct WIth the Department's property management procedures or property management standards and federal standards, as appropriate, in: Page 8 of 12 TxDOT Form 1854 (rev 7/20/2004)