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41, Interest of Members of Congress
No member of or delegate fo the Congress of the United
States of America shall be admitted to any share or part of
this contract or to any benefit that may arise therefrom.
42. Interest of Members, Officers, or Employees and
Former Members, Officers, or Employees
No member, officer, or emptoyee of the PHA, no member
of the governing body of the locality in which the project
is situated, no rember of the governing body of the
locality in which the PHA was activated, and no other
public official of such locality or localities whe exercises
any functions or responsibilities with respect to the
project, shall, during his or her tenure, or for one year
thereafter, have any interest, direct or indirect, in this
contract or the proceeds thereof.
43. Limitations on Payménts made fo Influence Certain
Federal Financial Transactions
(@) The Contractor agrees to comply with Section 1352 of
Title 31, United States Code which prohibits the use of
Acts Federal appropriated funds to pay any person for
influencing or attempting io influence an officer or
employee of any agency, a Member of Congress, and
officer or employee of Congress, or an employee of a
Member of Congress in connection with any of the
following covered Federal actions: ihe awarding of any
Federal contract; the making of any Federal grant; the
making of any Federal loan; the entering into of any
cooperative agreement; or the modification of any
Federal contract, grant, loan, or cooperative agreement.
(b) The Contractor further agrees to comply with the
requirement of the Act to fumish a disclosure (OMB
Standard Form LLL, Disclosure of Lobbying Activities) if
any funds other ihan Federal appropriated funds
(including profit or fee received under a covered Federal
transaction) have been paid, or will be paid, to any person
for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a
Member of Congress in connection with a Federal
contract, grant, loan, or cooperative agreement.
44, Royalties and Patents
The Contractor shall pay all royalties and license fees. It
shall defend all suits or claims for infringement of any
patent rights and shall save the PHA harmless from loss
on account ihereof; except that the PHA shall be
responsible for all such loss when a particular design,
process or the product of a particular manufacturer or
manufacturers is specified and the Contractor has no
reason to believe that the specified design, process, or
product is an infringement. If, however, the Contractor
has reason to believe that any design, process or product
specified is an infringement of a patent, the Contractor
shall promptly notify the Contracting Officer. Failure to
give such notice shall make the Contractor responsible
for resultant loss.
45. Examination and Retention of Contractor's Records
(a) The PHA, HUD, or Comptroller General of the United
States, or any of their duly authorized representatives
shall, until 3 years after final payment under this contract,
have access to and the right to examine any of the
Contractor's directly pertinent books, documents, papers,
or other records involving transactions related to this
contract for the purpese of making audit, examination,
excerpts, and transcriptions.
(b} The Contractor agrees ic include in first-tier subcontracts
under this contract a clause substantially the same as
paragraph (a) above. “Subcontract,” as used in this
clause, excludes purchase orders not exceeding
$10,000.
(c) The periods of access and examination in paragraphs (a)
and {b) above for records relating to (1) appeals under the
Disputes clause of this contract, (2) litigation or settlement
of claims arising from the performance of this contract, or
(8) costs and expenses of this contract to which the PHA,
HUD, or Camptroller General or any of their duly
authorized representatives has taken exception shall
continue uniil disposition of such appeals, litigation,
claims, or exceptions,
46. Labor Standards - Davis-Bacon and Related
If the total amount of this coniract exceeds $2,000, the
Federal labor standards set forth in the clause below shall
apply to the development or construction work to be
performed under ihe contract.
(a) Minimum Wages.
(1) All laborers and mechanics employed under this
contract in the development or construction of the
projeci(s) involved will be paid unconditionally and not
less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part
3), the full amount of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is
atiached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist
between the Contractor and such jaborers and
mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section
4(b}(2) of the Davis-Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR
§.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which
cover the regular weekly period, are deemed to be
constructively made or incurred during such weckly
period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits in the wage
detennination for the classification of work actually
performed, without regard to skill, except as provided in
29 CFR 8.5(a)(4). Laborers or mechanics performing
work in more than one classification may be
compensated at the rate specified for each classification
for the time actually worked therein; provided, that the
employer's payroll records accurately sei forth the time
spent in each classification in which work is performed. The
wage determination (including any additional classification
and wage rates conformed under 29 CFR 5.5(a)(1)(i) and
the Davis-Bacon poster (WH-1321) shall
Previous editions are obsolete
Replaces form HUD-5370-A
Page 15 of 19 form HUD-5370 (1/2014)Jump to an indexed page (88 of 88)