Res 2003-133 - Laserfiche WebLink

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D. City will maintain an escrow retainage, of contract funds budgeted for construction and rehabilitation, in the amount of five percent (5%) of each construction and/or rehabilitation subcontract entered into by Contractor. Before retainage fees for construction contracts are released, a complete and executed Certificate of Construction Completion form and Final Wage Compliance Report must be received by City. E. City will maintain an escrow retainage, of contract funds budgeted for engineering/architectural services, in the amount of five percent (5%) of each engineering/architectural subcontract entered into by Contractor. Before retainage fees for engineering/architectural contracts are released, a complete and executed Certificate of Construction Completion form must be received by City and Contractor must submit to City a copy of as-built plans or record drawings for contract funded construction activities. SECTION 12. CONFLICT OF INTEREST A. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Contractor shall comply with Chapter 171, Local Government Code. B. In all cases not governed by Subsection (A) of this Section and except for eligible administrative or personnel costs, no persons specified in Subsection (C) of this Section who exercise or have exercised any functions or responsibilities with respect to the activities assisted under this contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. The conflict of interest provisions of Subsection B apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Contractor or of a subcontractor of Contractor. D. Contractor shall include the substance of this section in all subcontracts. SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. Contractor shall ensure that no person shall on the grounds of race, color, national origin, religion, sex, age, or handicap be excluded from participation in, be denied the benefits of, be subjected to discrimination under or be denied access to any program or activity funded in whole or in part with funds made available under this contract. B. None of the performances rendered by Contractor under this contract shall involve, and no portion of the funds received by Contractor under this contract, shall be used in support of any sectarian or religious activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship. Contractor shall comply with regulations promulgated by HUD in Section 570.200(j) of the Regulations. SECTION 14. LEGAL AUTHORITY Page 6 of * TCF-PY02 Revised 11/5/02 Conlra¢~ ~