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(12) Davis Bacon All contracts for new construction or rehabilitation projects with
<br />twelve (12) or more HOME - assisted units shall comply with HUD requirements and the
<br />applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1, 3,
<br />and 5 governing the payment of wages and the ratio of apprentices and trainees to
<br />j ourneypersons.
<br />4.3 Limitation on Use of Funds Borrower agrees that it will not use funds loaned
<br />pursuant to this Agreement, either directly or indirectly, as a contribution in order to obtain any
<br />federal funds under any federal programs without prior written approval of the City.
<br />4.4 Certification Regarding Lobbying The undersigned certifies, to the best of his or
<br />her knowledge and belief, that:
<br />(A) No federal appropriated funds have been paid or will be paid, by or on behalf of
<br />the undersigned to any person for influencing or attempting to influence an officer or employee
<br />of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
<br />Member of Congress in connection with the awarding of any federal contract, the making of any
<br />federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
<br />the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
<br />loan, or cooperative agreement.
<br />(B) If any funds other than federally appropriated funds have been paid to any person
<br />for influencing or attempting to influence an officer or employee of any agency, a Member of
<br />Congress, an officer or employee of Congress, or an employee of a Member of Congress in
<br />connection with this federal contract, grant, loan , or cooperative agreement, the undersigned
<br />shall complete and submit Standard Form -LLL. 'Disclosure form to Report Lobbying" in
<br />accordance with its instructions.
<br />ARTICLE V
<br />MISCELLANEOUS PROVISIONS
<br />5.1 Conflict of Interest No employee, agent, consultant, officer, or elected or
<br />appointed official or member of the governing body of the City and no other public official of
<br />the City who exercises any functions or responsibilities with respect to the Project or the HOME
<br />Program has or may obtain a direct or indirect personal or financial interest in, or benefit from,
<br />the Borrower or the Project or in any contract or subcontract or agreement, or the proceeds
<br />thereof, relating to the Project either for themselves or for those with whom they have family or
<br />business ties, during their tenure or at any time during one (1) year thereafter, and Borrower shall
<br />incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision
<br />prohibiting such interest pursuant to the purposes of the certification.
<br />5.2 Equal Opportunity During the construction of the Project there shall be no
<br />discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital
<br />status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any
<br />person engaged in the construction work.
<br />1908324.5
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