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<br />Department's prior written approval, based on the information submitted, of Administrator's
<br />intent to enter into such proposed subcontract. Administrator, in subcontracting for any activities
<br />described in this Contract, expressly understands that in entering into such subcontracts,
<br />Department is in no way liable to Administrator's subcontractor(s).
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<br />10.2. In no event shall any provision of this Article 10, specifically the requirement that Administrator
<br />obtain Department's prior written approval of a subcontractor's eligibility, be construed as
<br />relieving Administrator of the responsibility for ensuring that the performances rendered under
<br />all subcontracts are rendered so as to comply with all of the terms of this Contract, as if such
<br />performances rendered were rendered by Administrator. Department's approval under this
<br />Article 10 does not constitute adoption, ratification, or acceptance of Administrator's or
<br />subcontractor's performance hereunder. Department maintains the right to insist upon
<br />Administrator's full compliance with the terms of this Contract, and by the act of approval under
<br />this Article, Department does not waive any right of action which may exist or which may
<br />subsequently accrue to Department under this Contract.
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<br />10.3 Administrator shall comply with all applicable federal, state, and local laws, regulations, and
<br />ordinances for making procurements under this Contract.
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<br />ARTICLE 11
<br />Conflict OfInterest
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<br />No person who is: (I) an employee, agent, consultant, officer or elected or appointed official of the State
<br />of 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
<br />position to participate in a decision making process, or gain inside information with regard to such
<br />activities, may obtain a personal or financial interest or benefit from a HOME assisted activity, or have
<br />an interest in any contract, subcontract, or agreement (or the proceeds thereof) with respect to a HOME
<br />assisted activity either for themselves or those with whom they have family or business ties, during their
<br />tenure or for one year thereafter. Administrator shall ensure compliance with applicable provisions
<br />under 24 CFR 85.36 and OMB Circular A-IIO in the procurement of property and services.
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<br />ARTICLE 12
<br />Nondiscrimination And Sectarian Activitv
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<br />12.1 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 funded 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 (12 U.S.C. 1701 u) that:
<br />
<br />A. to the greatest extent feasible, opportunities for training and employment arising in
<br />connection with the planning and carrying out of any project assisted with HOME funds
<br />provided under this Contract be given to low-income persons residing within the general
<br />local government area or metropolitan area or nonmetropolitan county in which the
<br />project is located; and
<br />
<br />B. to the greatest extent feasible, contracts for work to be performed in connection with any
<br />such project be awarded to business concerns, including, but not limited to, individuals or
<br />firms doing business in the field of planning, consulting, design, architecture, building
<br />construction, rehabilitation, maintenance, or repair, which are located in or owned in
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<br />Page 5 of 17
<br />HOME Contract No. 535035
<br />Owner Occupied Assistance
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