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City of La Porte <br />STEP- Single Year - 2013 Comprehensive <br />contain all applicable terms and conditions of this agreement. No subcontract will relieve <br />the Subgrantee of its responsibility under this agreement. <br />ARTICLE 15. GRATUITIES <br />A. Texas Transportation Commission policy mandates that employees of the <br />Department shall not accept any benefit, gift, or favor from any person doing <br />business with or who, reasonably speaking, may do business with the Department <br />under this agreement. The only exceptions allowed are ordinary business lunches <br />and items that have received the advanced written approval of the Department's <br />Executive Director. <br />B. Any person doing business with or who reasonably speaking may do business with <br />the Department under this agreement may not make any offer of benefits, gifts, or <br />favors to Department employees, except as mentioned here above. Failure on the <br />part of the Subgrantee to adhere to this policy may result in termination of this <br />agreement. <br />ARTICLE 16, NONCOLLUSION <br />The Subgrantee warrants that it has not employed or retained any company or person, <br />other than a bona fide employee working solely for the Subgrantee, to solicit or secure <br />this agreement, and that it has not paid or agreed to pay any company or person, other <br />than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any <br />other consideration contingent upon or resulting from the award or making of this <br />agreement. If the Subgrantee breaches or violates this warranty, the Department shall <br />have the right to annul this agreement without liability or, in its discretion, to deduct from <br />the agreement price or consideration, or otherwise recover the full amount of such fee, <br />commission, brokerage fee, contingent fee, or gift. <br />ARTICLE 17. CONFLICT OF INTEREST <br />The Subgrantee represents that it or its employees have no conflict of interest that <br />would in any way interfere with its or its employees` performance or which in any way <br />conflicts with the interests of the Department. The Subgrantee shall exercise reasonable <br />care and diligence to prevent any actions or conditions that could result in a conflict with <br />the Department's interests. <br />ARTICLE 18. SUBGRANTEE'S RESOURCES <br />A. The Subgrantee certifies that it presently has adequate qualified personnel in its <br />employment to perform the work required under this agreement, or will be able to <br />obtain such personnel from sources other than the Department. <br />B. All employees of the Subgrantee shall have the knowledge and experience that will <br />enable them to perform the duties assigned to them. Any employee of the <br />Subgrantee who, in the opinion of the Department, is incompetent or whose conduct <br />2013-LaPorte-5-lYG-0019 Printed On: 8/8/2012 Page 11 of 39 <br />