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Development Programs), as applicable. The City shall require certification as to <br /> compliance with the provisions of this section before making any payment under this <br /> Agreement. <br /> 2. The City is not responsible for determining whether state prevailing wage applies to <br /> this project or for any state prevailing wage payment that may be required by law. <br /> Agency is advised to consult the Washington Department of Labor and Industries <br /> and/or private counsel to determine whether prevailing wages must be paid. Agency <br /> will comply with applicable prevailing wage rules set forth in chapter 39.12 RCW, <br /> including the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit <br /> of Wages Paid" as required by RCW 39.12.040, if required under Chapter 39.12 RCW. <br /> Agency shall maintain records sufficient to evidence compliance with Chapter 39.12 <br /> RCW, if applicable, and shall make such records available for the City's review upon <br /> request. <br /> 3. In the event that the contract for construction (rehabilitation or new construction) of <br /> affordable housing includes twelve (12) or more HOME Program assisted units <br /> triggering Federal Labor Standards in paragraph 1 herein, and has other City of Everett <br /> funds which require compliance with the State Labor Standards per paragraph 2 <br /> herein, all contractors and subcontractors must pay the higher of the Davis Bacon or <br /> the State Prevailing wages for each job classification, and comply with all associated <br /> State and federal requirements identified herein. <br /> S. Debarred and Suspended Parties <br /> No portion of the Loan made under this Loan Agreement shall be used directly or indirectly <br /> to employ, award contracts to, or otherwise engage the services of, or fund, any contractor <br /> or subcontractor during any period of debarment, suspension, voluntary exclusion or <br /> placement in ineligibility status of such contractor or subrecipient under the provisions of <br /> 24 CFR Part 24. The Agency represents and warrants that the Agency is not debarred, <br /> suspended, proposed for debarment, declared ineligible, or voluntarily excluded from <br /> participation in federal assistance programs under such regulations or Executive Orders <br /> Nos. 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System <br /> can be checked at the following web-site: www.sam.gov. <br /> T. Personal Interest <br /> The Agency agrees that it will incorporate into every lower tier contract required to be in <br /> writing and made pursuant to the Project assisted under this Loan Agreement substantially <br /> the following provisions: <br /> 1. Interest of Agency and Employees <br /> The Agency warrants that no person who presently exercises any functions or <br /> responsibilities in connection with the Project has any personal financial interest, direct <br /> or indirect, in the Loan Agreement. <br /> The Agency further represents and covenants that he/she/it presently has no interest <br /> and shall not acquire any interest, direct or indirect, which would conflict in any manner <br /> or degree with the performance of his/her/its service hereunder. The Agency further <br /> covenants that in the performance of this contract no person having any conflicting <br /> Loan Agreement <br /> Cocoon House <br /> Page 12 of 51 <br />