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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 access to such public improvements,unless (0 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 /> tow 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 imposed by the State concerning special requirements of law, program
<br /> EE 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 be paid one and one-half times their basic wage rate for all hours worked in
<br /> excess of the prescribed work-week;and
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<br /> E. Anti-kickback(Copeland)Act of 1934, 18 U.S.C. 874 and 40 U.S.C.276c,which outlaws and prescribes penalties
<br /> for"kickbacks"ofwages in federally financed or assisted construction activities.
<br /> 11) It will comply with:
<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
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<br /> to housing and community development in a manner to affirmatively further fair 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 agaiizst 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
<br /> Ohass of
<br /> CDBG-D CITY OF SOUTH BEND PageDR2O01a-003
<br /> Recapture
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