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<br />5/05 <br /> <br />regard to such activities, may obtain a financial interest or benefit from a CDBG-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 SUB RECIPIENT. <br /> <br />U. Davis-Bacon Act. A1llaborers 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 /> <br />V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the <br />following drug-free workplace policy: <br /> <br />1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled <br />substance is prohibited in the workplace for any employee involved in a federally funded program. <br /> <br />2. As an employee working in conjunction with a federally funded program, the <br />employees of SUBRECIPIENT will be required to: <br /> <br />a) Abide by the terms above in statement 1. <br />b) Notify appropriate officials of SUB RECIPIENT and CITY officials of any <br />criminal drug statute conviction for a violation occurring in the workplace not later than five <br />days after such conviction. <br /> <br />. 3. The United State Department of Housing and Urban Development will be notified <br />within ten days after receiving notice of any such violation. <br /> <br />4. Within 30 days of receiving such notice, appropriate personnel action will be <br />taken against such employee, up to and including termination. <br /> <br />Each such employee shall be required to participate satisfactorily in a drug abuse assistance or <br />rehabilitation program approved for such purposes by a federal, state or local health, law <br />enforcement, or other appropriate agency. <br /> <br />15 <br />