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5/11/10 <br />S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 <br />U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds <br />may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay <br />any person for influencing or attempting to influence an officer or employee of any agency, <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 herein. <br />SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its <br />obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any <br />sums to SUBRECIPIENT under the terms and conditions of this Agreement. <br />If any funds other than Federal appropriated funds 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 CDBG 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 CDBG activities assisted under the terms of this Agreement, <br />or 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 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 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 />7 <br />