1997-119-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 7TH DAY OF APRIL 1997

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Department's prior written approval, based on the information submitted, of Administrator's intent to enter into such proposed subcontract. Administrator, in subcontracting for any activities described in this Contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Administrator's subcontractor(s). 10.2. In no event shall any provision of this Article 10, specifically the requirement that Administrator obtain Department's prior written approval of a subcontractor's eligibility, be construed as relieving Administrator of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this Contract, as if such performances rendered were rendered by Administrator. Department's approval under this Article 10 does not constitute adoption, ratification, or acceptance of Administrator's or subcontractor's performance hereunder. Department maintains the right to insist upon Administrator's full compliance with the terms of this Contract, and by the act of approval under this Article, Department does not waive any right of action which may exist or which may subsequently accme to Department under this Contract. 10.3. Administrator shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this Contract. ARTICLE 11 Conflict ofInterest No person who is: (I) an employee, agent, consultant, officer or elected or appointed official of the State of Texas, or of any applicant that receives funds, and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this Contract; (2) in a position to participate in a decision making process, or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement (or the proceeds thereof) with respect to a HOME assisted activity either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter; or (3) in dispute with the Department regarding program compliance or administration of program funds under federal or state programs, may be employed in any capacity by the Administrator or any subcontractor hired by Administrator during the contract term. Even the appearance of impropriety, determined by the Department in its sole discretion, related to any Departmental program must be avoided. Administrator shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB Circular A-110 in the procurement of property and services. ARTICLE 12 Nondiscrimination and Sectarian Activitv 12.1. Administrator shall ensure that no person shall, on the grounds of race, color, religion, sex, handicap, familial status, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under this Contract. In addition, funds provided under this Contract must be made available in accordance with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) that: A. to the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any project assisted with HOME funds provided under this Contract be given to low-income persons residing within the general local government area or metropolitan area or nonmetropolitan county in which the project is located; and 50f20 HOME CanulC'l No, 537025 HomebuyerAssisllnce