Housing Hope HCS-15-42-1213-198(1) 7/25/2016

participants must comply with regulations issued under that Act and with other federal laws and regulations pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. The City shall require certification as to compliance with the provisions of this section before making any payment under this Agreement. 2. The City is not responsible for determining whether prevailing wage applies to this project or for any prevailing wage payment that may be required by law. Agency is advised to consult the Washington Department of Labor and Industries and/or private counsel to determine whether prevailing wages must be paid. Agency will comply with applicable prevailing wage rules set forth in chapter 39.12 RCW, including the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040, if required under chapter 39.12 RCW. Agency shall maintain records sufficient to evidence compliance with chapter 39.12 RCW, if applicable, and shall make such records available for the County's review upon request. 3. In the event that the contract for construction (rehabilitation or new construction) of affordable housing includes twelve (12) or more HOME Program assisted units triggering Federal Labor Standards in paragraph 1 herein, and has other City funds which require compliance with the State Labor Standards per paragraph 2 herein, all contractors and subcontractors must pay the higher of the Davis Bacon or the State Prevailing wages for each job classification, and comply with all associated State and federal requirements identified herein. S. Debarred and Suspended Parties No portion of the Loan made under this Loan Agreement shall be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund, any contractor or subcontractor during any period of debarment, suspension, voluntary exclusion or placement in ineligibility status of such contractor or subrecipient under the provisions of 24 CFR Part 24. The Agency represents and warrants that the Agency is not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal assistance programs under such regulations or Executive Orders Nos. 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System can be checked at the following web-site: www.sam.gov. T. Personal Interest The Agency agrees that it will incorporate into every lower tier contract required to be in writing and made pursuant to the Project assisted under this Loan Agreement substantially the following provisions: Amended HOME Loan Agreement Housing Hope's Kennedy Court Improvement Project Page 15 of 53