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Administrator shall include in any subcontracts that failure to adequately perforn-i under <br />this Contract ma~result in penalties up to and includin~ Deba~n7ent fronl perfonnina <br />additional Nvork for the Department. <br />SEC'TI0101 fll. C01VF'LIC"i' OF INTEREST <br />A. Administrator shall ensure that no employee, agent, consultant, officer or elected or <br />appointed official of Administrator, who exercises or has exercised any functions or <br />responsibilities with respect to aetivities assisted with funds providedunder this contract <br />or who is in a position to participate in a decision making process, or gain inside <br />information with regard to such activities, may obtain a personal or financial interest or <br />benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or <br />agreernent (or the proceeds thereof) with respect t bus ness ties, sdudring thei tenuref or <br />themselves or those with whom they have family or <br />for one year thereafter. <br />B. Administrator shall ensure that no employee, officer, or agent of Administrator shall <br />participate in the selection, or in the award or administration of a subcontract supported <br />by funds provided hereunder if a conflict of interest, real or apparent, would be involved. <br />Such conflict of interest would arise when: 1) the employee, officer, or agent; 2) any <br />member of his or her immediate family; 3) his or her partner; or 4) any organization - <br />which employs, or is about to employ any of the above,• A~min strator ohall co inte`cr~~ <br />the firm or person selected to ~crform the subcontract <br />24 CFR §92.356 (exceptions can only be waived by HUD). <br />C. No owner, developer or sponsor of HOME-assisted housing, including their officers, <br />employees, agents, consultants or elected or appointed officials may occupy a HOME- _ <br />assisted unit in a development (with the exceptions of (1) an individual living in a <br />HOME-assisted rental housing development where he/she is a project manager or a <br />an individual receiving HOME funds to <br />maintenance worker in that development and (2) <br />acquire or rehabilitate his/her principal residence). <br />D. None of the funds provided under this contract may be paid to an entity or organization. <br />that provides downpayment assistance if the activities of that entity or organization are <br />financed in whole or in part, directly or indirectly, by contributions, service fees, or other . <br />payments from the sellers of housing, whether or not made in conjunction with the sale of <br />specific housing acquired with funds provided under this contract. <br />E. Administrator shall include the substance of this Section 11 in all of its subcontracts. <br />SECTION 12. NONDISCRIMINATION AND FAITH-BASED ACTIVITIES <br />A. Administrator shall ensure that no person shall, on the grounds of race, c.olor, religion, <br />sex, handicap, familial status, or national ori~in, be excluded from participation in, be <br />denied the benefits of, or be subjected to discrirnination under, any program or activity <br />funded in whole or in part with funds provided under this contract. <br />HOME Conuact +1000930 <br />PaLze 7 of 21 <br />