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3.5 EDSR 02-11-2013
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3.5 EDSR 02-11-2013
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2/7/2013 1:24:33 PM
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City Government
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EDSR
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2/11/2013
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c. Copeland (Anti-Kickback)Act(40 USC 276c) <br /> Governs the deductions from paychecks that are allowable. Makes it a criminal offense to <br /> induce anyone employed on a Federally assisted project to relinquish any compensation to <br /> which he/she is entitled, and requires all contractors to submit weekly payrolls and statements <br /> of compliance. <br /> d. Fair Housing Standards Act of 1938,As Amended(29 USC 201, et.seq.) <br /> Establishes the basic minimum wage for all work and requires the payment of overtime at the <br /> rate of at least time and one-half. It also requires the payment of wages for the entire time that <br /> an employee is required or permitted to work, and establishes child labor standards. <br /> In accordance with 24 CFR Part 5, CDBG funds may not be used to directly or indirectly <br /> employ, award contracts to or otherwise engage the services of any contractor or subrecipient <br /> during any period of debarment, suspension or placement of ineligibility status. Grantees should <br /> check all contractors, subcontractors, lower tier contractors and subrecipients against the Federal <br /> publication that lists debarred, suspended and ineligible contractors. See internet site at <br /> http://www.arnet.gov/epls/. <br /> 4. PROCUREMENT <br /> The procurement standards of 24 CFR 85.36 apply. <br /> 5. CONFLICT-OF-INTEREST <br /> For the procurement of property and services,the conflict-of-interest provisions at 24 CFR 85.36 <br /> and 24 CFR 84.42 apply. This requires the city to maintain written standards governing the <br /> performance of their employees engaged in awarding and administering contracts. At a minimum, <br /> these standards must: <br /> a. Require that no employee, officer, agent of the city or its subrecipient shall participate in the <br /> selection, award or administration of a contract supported by CDBG if a conflict-of-interest, <br /> either real or apparent, would be involved; <br /> b. Require that grantee or subrecipient employees, officers and agents not accept gratuities, favors <br /> or anything of monetary value from contractors potential contractors or parties to subagreements; <br /> and <br /> c. Stipulate provisions for penalties, sanctions or other disciplinary actions for violations of <br /> standards. <br /> A conflict would arise when any of the following has a financial or other interest in a firm selected <br /> for award: <br /> a. An employee, agent or officer of the grantee or subrecipient; <br /> b. Any member of an employee's, agent's or officer's immediate family; <br /> c. An employee's, agent's or officer's partner; or <br /> d. An organization that employs or is about to employ an employee, agent or officer of the grantee <br /> or subrecipient. <br /> 7 <br />
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