|
8/14/011S
<br />Member of Congress, or an officer or employee of a Member of Congress in connection with
<br />awarding of any federal contract, the making of any federal grant or loan, entering into any
<br />cooperative agreement and the extension, renewal, amendment or modification of any federal
<br />contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
<br />effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated
<br />herein. SUBRECTIENT shall submit said signed certification to CITY prior to performing any of
<br />its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay
<br />any sums to SUBRECIPIENT under the terms and conditions of this Agreement.
<br />If any funds other than Federal appropriated fiends have been paid or will be paid to
<br />any person for influencing or attempting to influence an officer or employee of any agency, a
<br />Member of Congress, an officer or employee of Congress, or an employee of a Member of
<br />Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
<br />undersigned shall complete and submit a 'Disclosure Form to Report Lobbying," in accordance
<br />with its instructions (see C-1).
<br />T. Financial Interest. SUBRECIPIENT agrees that except for the use of ESG funds
<br />to pay salaries and other related administrative or personnel costs, no persons who exercise or have
<br />exercised any function with respect to ESG activities assisted under the terms of this Agreement, or
<br />who are in a position to participate in a decision -making process or gain inside information with
<br />regard to such activities, may obtain a financial interest or benefit from a ESG-assisted activity of
<br />SUBRECIPIENT, either for themselves or those with whom they have family or business ties,
<br />during their tenure or for one year thereafter. This prohibition applies to any person who is an
<br />employee, agent, consultant, officer, or elected or appointed official of CITY, or of
<br />any designated public agencies, or the SUBRECIPIENT.
<br />U. Davis -Bacon Act. All laborers and mechanics employed by contractors or
<br />subcontractors in the performance of construction work, including alterations and repairs, in excess
<br />of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less
<br />than those prevailing on similar construction in the locality as determined in accordance with the
<br />Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract
<br />shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5.
<br />Further, the payroll reports (along with the "Statement of Compliance") and basic records are
<br />required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No
<br />payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
<br />there is on file with the agency a certification by the contractor that the contractor and its
<br />subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract
<br />clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a
<br />contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations
<br />shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)].
<br />V. Homeless Involvement. SUBRECIPIENT certifies that it will involve, to the
<br />maximum extent practicable, homeless individuals and families in constructing, renovating,
<br />maintaining, and operating facilities assisted under the ESG program, and in providing services for
<br />occupants of these facilities.
<br />14
<br />
|