|
^db^ f i,jil ii,Li-:r ii.cr.?a- a r,,n..;-r'+.+.ilrJ l.oiiimi:ic;e
<br />Agreement that are subject to the provisions of section 3 and section 7(b) agree to comply with
<br />section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)'
<br />1 3. Performance RePorting
<br />The GRANTEE, at such times and in such forms as COMMERCE may require, shall furnish periodic
<br />progress and performance reports pertaining to the activities undertaken pursuant to this Grant
<br />Agreement. These reports may include environmental review records, publication affidavits,
<br />procurement and contracting rlcords, documentation of compliance with federal civil rights
<br />requirements, job creation records, program income reports, reports of the costs and obligations
<br />incurred in connection therewith, the final closeout report, and any other matters covered by this
<br />Grant Agreement. Activities funded by this Grant Agreement providing income-qualified direct
<br />assistance or direct services under the limited clientele, housing, or job creation CDBG National
<br />Objectives, must submit quarterly beneficiary reports as furnished by COMMERCE' Failure to submit
<br />these reports may result rn COwiUenCf wiinnotOing payment or terminating this Grant Agreement'
<br />14. Prooram Income
<br />program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before
<br />drawing additional CDBG funds to complete activities included in Attachment B - Scope of Work and
<br />Budgeti The GRANTEE must maintain records of program income received and expended and
<br />annually report program income received after closeouiof this Grant Agreement. Program lncome
<br />shall be used to continue the same activities to benefit low- and moderate-income persons or, with
<br />CoMMERCE approvat, for other activities to benefit low- and moderate-income persons. lnterest
<br />earned in excess of $t bO on CDBG funds received to reimburse incurred costs must be remitted to
<br />COMMERCE for return to the U.S. Treasury'
<br />15. Nondiscrimination
<br />A. Section 10g. The GRANTEE will comply with 24 cFR part 6, which implements_the provisions of
<br />section 109 of tifle lof the Housing and'Community DevelopmentAct o11974 (Title l) (42 U'S'c'
<br />53Og). Section 109 provides that no person in the United States shall, on the ground of race, color,
<br />national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
<br />subjected to discriirination under any program oi aclivity funded in whole or in part with federal
<br />financial assistance. The GRANTEE'will iOnere to the prohibitions against discrimination on the
<br />basis of
<br />"g"
<br />unJ"r" tne Age Discrimination Act of 1 975 (42 U.S.c. 6101-6107) (Age Discrimination
<br />Act) and the prohibitions against discrimination on the basis of disability under section 504 of the
<br />Rehabititation nct of 1gn(zg U.S.C. 794) (Section 504). Section 109 of the HCDA makes these
<br />requirements applicable to programs or activities funded in whole or in part with CDBG-CV funds'
<br />Thus, the cnnpiee shal com-pty with regulations of 24 CFR part 8, which implement Section 504
<br />for HUD programs, and the regulatiois of 24 CFR part 146, which implement the Age
<br />Discrimination Act for HUD programs'
<br />B. Architectural Barriers Act and the Americans with Disabilities Act' The GRANTEE shall
<br />""iri" tnat its activities are consistent with the requirements of the Architectural Barriers Act and
<br />the Americans with Disabilities Act'
<br />The Architectural Barriers Act of 1968 (42 u.s.c. 4151-4157) requires certain federal and federally
<br />funded buildings and other facilities to ne Oeslgned, constructed, or altered in accordance with
<br />standards that-ensure accessibility to, and useo by, physically handicapped.people. A building or
<br />facility designed, constructed, or
<br />-altered
<br />with funds allocated or reallocated under this part after
<br />December 11, 1bgs, and that meetsthe definition of "residential structure" as defined in 24 CFR
<br />40.2 or the definition of .building" as defined in 41 CFR 101-1 9.602(a) is subject to the requirements
<br />of the Architecturat Barriers Act of 1968 (42 U.S.c. 4151-4157) and shall comply.with the Uniform
<br />Federat nccesiinitity Standards (appendix A to 24 CFR part 40 for residential structures, and
<br />appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildingsf
<br />The Americans with Disabilities Act (42 U.S.C. 12131;47 U.S.C. 155, 201, 218 and 225) (ADA)
<br />provides comprehensive civil rights toindividuals with disabilities in the areas of employment, public
<br />accommodations, state and local government services, and telecommunications. lt further provides
<br />Page 22 of 25
|