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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 roles 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 /> O. Drug Free Workplace. CONSULTANT certifies that it has established the following <br />drag-free workplace policy: <br /> <br /> 1. The unlawful manufacture, distribution, dispensing, possession or use of a <br />controlled substance is prohibited in the workplace for any employee involved in a federally funded <br />program. <br /> <br /> 2. As an employee working in conjunction with a federally funded program, the <br />employees of CONSULTANT will be required to: <br /> <br />a) Abide by the terms above in statement 1. <br /> <br /> b) Notify appropriate officials of CONSULTANT and CITY officials of <br />any criminal drug statute conviction for a violation occurring in the workplace not <br />later than five days after such conviction. <br /> <br /> 3. The City and the United State Department of Housing and Urban <br />Development will be notified 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 drag abuse <br />assistance or rehabilitation program approved for such purposes by a federal, state or local health, <br />law enforcement, or other appropriate agency. <br /> <br /> P. Nondiscrimination. CONSULTANT agrees that no person on the ground of race, <br />age, color, national origin, religion or sex will 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 in <br />part with funds received pursuant to this Agreement. <br /> <br /> Q. Conflict of Interest. CONSULTANT agrees that no officer, employee, agent or <br />assignee of CITY who was involved in the sale of said property, either directly or indirectly, shall <br />serve as an officer of CONSULTANT. Further, any conflict or potential conflict of interest of any <br /> <br /> <br />