|
8) It will not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by
<br />assessing any amount against properties owned and occupied by persons of low and moderate income including any fee
<br />charged or assessment made as a condition of obtaining,
<br />access to such public improvements, unless (i) CDBG funds
<br />received are used to pay the proportion of such fee or assessment that relates to the capital costs of public
<br />improvements that are financed from revenue sources other than CDBG funds; or (ii) for purposes of assisting any
<br />amount against properties owned and occupied by persons of low and moderate income who are not persons of very
<br />low income, the borrower certified to the Secretary or such State, as the case may be, that it lacks sufficient funds
<br />received from the CDB G Program to comply with the requirements of clause.
<br />9) It will comply with all requirements unposed by the State concerning special requirements of law, program
<br />requirements, and other administrative requirements approved in accordance with OMB Circular No. A-102, Revised,
<br />which includes a provision that program or project completion be no later than eighteen (18) months from project
<br />startup, inclusive of the bid process for professional and engineering services and program close-out.
<br />10) It Will comply With:
<br />A. Section 110 of the Housing and Community Development Act of 1974, as amended, by the Housing and Urban -
<br />Rural Recovery Act of 1983 and the Housing and Community Development Act of 1987, 24 CFR 570.603, and
<br />State regulation regarding the administration and enforcement of labor standards;
<br />B. The provisions of the Davis -Bacon Act (46 U.S.C. 276a-5) which prescribe prevailing wage rates for construction
<br />trades for all projects except residential structures of less than 8 units;
<br />C. Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327-332, requiring that mechanics and laborers
<br />(including watchmen and guards) employed on .federally assisted contracts be paid wages of not less than one and
<br />one-half times their basic wage rates for all hours worked in excess of forty in a Work -Week;
<br />D. Federal Fair Labor Standards Act, 29 U.S.C. 102, requiring that covered employees be paid at least the minimum
<br />prescribed wage, and also that they he paid one and one-half tinges their basic wage rate for all hours worked in
<br />excess of the prescribed work -week; and
<br />E. Anti -kickback (Copeland) Act of 1934, 18 U.S.C. 874 and 40 U.S.C. 276c, which outlays and prescribes penalties
<br />for "kickbacks" of wages in federally financed or assisted construction activities.
<br />11) It will comply Witt]:
<br />A. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d), which provides that no person in
<br />the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be
<br />denied`the benefits of, or be otherwise subjected to discrimination under any program or activity for which the
<br />Recipient or Borrower received Federal financial assistance. If any real property or structure thereon is provided
<br />or improved with the aid of Federal financial assistance extended to the Recipient or Borrower, this assurance shall
<br />obligate the Recipient or Borrower, or in the case of any transfer of such property, any transferee, for the period
<br />during which the real property or structure is used for a purpose for which Federal financial assistance is extended,
<br />or for another purpose involving the provision of similar services or benefits;
<br />B. The Fair Housing Act (Public Law 90-284, 42 U.S.C. 3601-20) administering all programs and activities relating
<br />to housing and community development in a manner to affrrinatively further fan' housing in the sale or rental of
<br />housing, the financing of housing, and the provision of brokerage services;
<br />C. Section 109 of Title I of the Housing and Community Development Act of 1987, as amended, and the regulations
<br />issued pursuant thereto (24 CFR 570.602), which prohibits any person from discrimination in the sale or rental of
<br />housing, the financing of housing, or the provision of brokerage services on the grounds of race, color, religion,
<br />sex, national origin, handicap or familial status.
<br />D. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with
<br />respect to otherwise qualified physically disabled individuals as provided in Section 504 of the Rehabilitation Act
<br />of 1973 shall also apply to any such program activity;
<br />E. Executive Order 11063, as amended by Executive Order 12259 on equal opportunity in housing and non-
<br />discrimination in the sale or rental of housing built with Federal assistance, and requiring that programs and
<br />activities relating to housing and urban development be administered in a manner affirmatively to further the goals
<br />of Title VIII of the Civil Rights Act of 1968; and
<br />F. Executive Order 11246 as amended by Executive Order 11375 and 12086, and the regulations issued pursuant
<br />thereto (24 CFR Part 130 and 41 Chapter 60 and the Indiana Code (I.C. 22-9-10)), which provides that no person
<br />shall be discriminated against on the basis of race, color, religion, sex or national origin .in all phases of
<br />CDBG-D MY OF SOUM BEND DR20R 018-003
<br />Pape 21 of24
<br />
|