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and agrees to inform the Department, also in writing, before naming the Federal or
<br />State Government as a party to litigation for any reason, in any forum.
<br />(i) Limitations of Agreement. This Agreement shall be subject to the
<br />availability of State funds and contingent upon the terms and conditions of this
<br />Agreement.
<br />Section 6. Ethics.
<br />a. Conflict of Interest Policy. Every grantee shall file with the State agency
<br />disbursing funds to the grantee a copy of that grantee's policy addressing conflicts of interest
<br />that may arise involving the grantee's management employees and the members of its board
<br />of 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 grantee's employees or members of
<br />its board or other governing body, from the grantee's disbursing of State funds, and shall
<br />include actions to be taken by the grantee or the individual, or both, to avoid conflicts of
<br />interest and the appearance of impropriety. The policy shall be filed before the disbursing
<br />State agency may disburse the grant funds. (G.S. 143C-6-21)
<br />In accordance with N.C.G.S. 143C-6-23(b), effective July 1, 2007, the Contractor shall
<br />file with the Department a copy of Contractor's policy addressing conflicts of interest that may
<br />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 />conflicts of interest and the appearance of impropriety. The policy shall be filed before the
<br />Department may disburse the grant funds. Any changes in conflict of interest policy must also
<br />be filed before the Department may disburse grant funds.
<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,
<br />seller, sub-contractor, supplier, or vendor), to make gifts or to give favors to any State
<br />employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce,
<br />Correction, Crime Control and Public Safety, Cultural Resources, Environment and
<br />Natural Resources, Health and Human Services, Juvenile Justice and Delinquency
<br />Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition
<br />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. Code of Ethics. The Contractor agrees to maintain a written code or
<br />standards of conduct that shall govern the actions of its officers, employees, board members,
<br />or agents engaged in the award or administration of third party contracts, sub-agreements, or
<br />leases financed with Federal/State assistance. The Contractor agrees that its code or
<br />standards of conduct shall specify that its officers, employees, board members, or agents may
<br />neither solicit nor accept gratuities, favors, or anything of monetary value from any present or
<br />potential third party contractor at any tier, any sub-recipient at any tier or agent thereof, or any
<br />lessee. Such a conflict would arise when an employee, officer, board member, or agent,
<br />including any member of his or her immediate family, partner, or organization that employs, or
<br />intends to employ, any of the parties listed herein has. a financial interest in the firm selected
<br />for award. The Contractor may set de minimis rules where the financial interest is not
<br />substantial, or the gift is an unsolicited item of nominal intrinsic value. The Contractor agrees
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