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<br />that discrimination includes a failure to design and construct facilities for first occupancy no later
<br />than January 26, 1993, that are readily accessible to and usable by individuals with disabilities.
<br />Further, the ADA requires the removal of architectural barriers and communication barriers that are
<br />structural in nature in existing facilities, where such removal is readily achievable —that is, easily
<br />accomplishable and able to be carried out without much difficulty or expense.
<br />C. Title VI of the Civil Rights Act of 1964 (24 CFR part 1)
<br />i. General Compliance. The GRANTEE shall comply with the requirements of Title VI of the
<br />Civil Rights Act of 1964 (P. L. 88-352), as amended and 24 CFR 570.601 and 570.602. No
<br />person in the United States shall, on the grounds of race, color, or national origin, be excluded
<br />from participation in, be denied the benefits of, or be otherwise subjected to discrimination
<br />under any program or activity funded by this agreement. The specific nondiscrimination
<br />provisions at 24 CFR 1.4 apply to the use of these funds. The GRANTEE shall not intimidate,
<br />threaten, coerce, or discriminate against any person for the purpose of interfering with any
<br />right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or
<br />because he has made a complaint, testified, assisted, or participated in any manner in an
<br />investigation, proceeding, or hearing under 24 CFR part 1. The identity of complainants shall
<br />be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part
<br />1, including the conduct of any investigation, hearing, or judicial proceeding arising
<br />thereunder.
<br />ii. Assurances and Real Property Covenants. As a condition to the approval of this
<br />Agreement and the extension of any federal financial assistance, the GRANTEE assures that
<br />the program or activities described in this Agreement will be conducted and the housing,
<br />accommodations, facilities, services, financial aid, or other benefits to be provided will be
<br />operated and administered in compliance with all requirements imposed by or pursuant to 2
<br />CFR part 1.
<br />If the federal financial assistance under this agreement is to provide or is in the form of
<br />personal property or real property or interest therein or structures thereon, the GRANTEE’s
<br />assurance herein shall obligate the GRANTEE or, in the case of a subsequent transfer, the
<br />transferee, for the period during which the property is used for a purpose for which the federal
<br />financial assistance is extended or for another purpose involving the provision of similar
<br />services or benefits, or for as long as the GRANTEE retains ownership or possession of the
<br />property, whichever is longer. In all other cases the assurance shall obligate the GRANTEE
<br />for the period during which federal financial assistance is extended pursuant to the contract
<br />or application.
<br />This assurance gives COMMERCE and the United States a right to seek judicial enforcement
<br />of the assurance and the requirements on real property.
<br />In the case of real property, structures or improvements thereon, or interests therein,
<br />acquired with federal financial assistance under this Agreement or acquired with CDBG-CV
<br />funds and provided to the GRANTEE under this Agreement, the instrument effecting any
<br />disposition by the GRANTEE of such real property, structures or improvements thereon, or
<br />interests therein, shall contain a covenant running with the land assuring nondiscrimination
<br />for the period during which the real property is used for a purpose for which the federal
<br />financial assistance is extended or for another purpose involving the provision of similar
<br />services or benefits.
<br />If the GRANTEE receives real property interests or funds or for the acquisition of real property
<br />interests under this Agreement, to the extent that rights to space on, over, or under any such
<br />property are included as part of the program receiving such assistance, the nondiscrimination
<br />requirements of this part shall extend to any facility located wholly or in part in such space.
<br />16. Conduct
<br />A. Hatch Act. The GRANTEE shall comply with the Hatch Act, 5 USC 1501 – 1508, and shall ensure
<br />that no funds provided, nor personnel employed under this Agreement, shall be in any way or to
<br />any extent engaged in the conduct of political activities in violation of Chapte r 15 of Title V of the
<br />U.S.C.
<br />Docusign Envelope ID: 12F0630C-CF27-4904-94CD-F83E8C6F2C10
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