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<br />proposed subcontract, and Administrator has obtained Department's prior written approval, based on the
<br />information submitted, of Administrator's intent to enter into such proposed subcontract. Administrator,
<br />in subcontracting for any activities described in this Contract, expressly understands that in entering into
<br />such subcontracts, Department is in no way liable to Administrator's subcontractor(s).
<br />
<br />10.2. In no event shallany provision of this Article 10, specifically the requirement that Administrator obtain
<br />Department's prior written approval of a subcontractor's eligibility, be construed as relieving
<br />Administrator of the responsibility for ensuring that the performances rendered under all subcontracts are
<br />rendered so as to comply with all of the terms of this Contract, as if such performances rendered were
<br />rendered by Administrator. Department's approval under this Article 10 does not constitute adoption,
<br />ratification, or acceptance of Administrator's or subcontractor's performance hereunder. Department
<br />maintains the right to insist upon Administrator's full compliance with the terms of this Contract, and by
<br />the act of approval under this Article, Department does not waive any right of action which may exist or
<br />which may subsequently accrue to Department under this Contract.
<br />
<br />10.3 Administrator shall comply with all applicable federal, state, and local laws, regulations, and ordinances
<br />for making procurements under this Contract. Administrator shall ensure compliance with applicable
<br />provisions under 24 C.F.R. parts 84 or 85, and OMB Circulars referenced therein, in the procurement of
<br />property and services.
<br />
<br />ARTICLE 11
<br />Conflict Of Interest
<br />
<br />No person who is: (I) an employee, agent, consultant, oflicer or elected or appointed official of the State of
<br />Texas, or of any applicant that receives funds, and who exercises or has exercised any functions or
<br />responsibilities with respect to activities assisted with funds provided under this Contract; or (2) in a position to
<br />participate in a decision making process, or gain inside information with regard to such activities. may obtain a
<br />personal or financial interest or benefit from a HOME assisted activity, or have an interest in any contract,
<br />subcontract, or agreement (or the proceeds thereof) with respect to a HOME assisted activity either for
<br />themselves or those with whom they have family or business ties, during their tenure or for one year thereafter;
<br />or (3) in dispute with the Department regarding program compliance or administration of program funds under
<br />federal or state programs, may be employed in any capacity by the Administrator or any subcontractor hired by
<br />Administrator during the Contract term. Even the appearance of impropriety determined by the Department in its
<br />sole discretion, related to any Department program must be avoided.
<br />
<br />ARTICLE 12
<br />Nondiscrimination And Sectarian Activitv
<br />
<br />12.1
<br />
<br />Administrator shall ensure that no person shall, on the grounds of race, color, religion, sex,
<br />handicap, familial status, or national origin, be excluded from participation in, be denied the
<br />benefits of, or be subjected to discrimination under, any program or activity fun,led in whole or
<br />in part with funds provided under this Contract. In addition, funds provided under this Contract
<br />must be made available in accordance with the requirements of Section 3 of the Housing and
<br />Urban Development Act of 1968 at 12 U.S.C. 170 lu that:
<br />
<br />A.
<br />
<br />to the greatest extent feasible, opportunities for training and employment arising in connectio.n
<br />with the planning and carrying out of any project assisted with HOME funds provided under this
<br />Contract be given to low-income persons residing within the general local government area or
<br />metropolitan area or non-metropolitan county in which the project is located; and
<br />
<br />B.
<br />
<br />to the greatest extent feasible, contracts for work to be performed in connection with any such
<br />project be awarded to business concerns, including, but not limited to individuals or firms doing
<br />
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