|
ATTACHMENT A
<br /> The following clauses revise Part 3-Federal Funded Agreements, by replacing Paragraphs C,
<br /> D, E, F, H, K, L and N contained in the original AGREEMENT as follows:
<br /> C. Nondiscrimination Assurance. As required by 49 U.S.C. 5332 (which prohibits
<br /> discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits
<br /> discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as
<br /> amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted
<br /> Programs of the DEPARTMENT of Transportation--Effectuation of Title VI of the Civil Rights Act,"49
<br /> CFR Part 21 at 21.7, GOVERNMENTAL BODY assures that it will comply with all requirements of 49
<br /> CFR Part 21; FTA Circular 4702.1A, "Title VI and Title VI-Dependent Guidelines for Federal Transit
<br /> Administration Recipients,"and other applicable directives, so that no person in the United States, on
<br /> the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be
<br /> denied the benefits of, or otherwise be subjected to discrimination in any program or activity
<br /> (particularly in the level and quality of transportation services and transportation-related benefits) for
<br /> which GOVERNMENTAL BODY receives federal assistance.
<br /> Specifically, during the period in which federal assistance is extended to the project, or project
<br /> property is used for a purpose for which the federal assistance is extended or for another purpose
<br /> involving the provision of similar services or benefits, or as long as GOVERNMENTAL BODY retains
<br /> ownership or possession of the project property, whichever is longer, GOVERNMENTAL BODY
<br /> assures that:
<br /> 1. Each project will be conducted, property acquisitions will be undertaken, and project
<br /> facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 5332
<br /> and 49 CFR Part 21, and understands that this assurance extends to its entire facility and to
<br />' facilities operated in connection with the project.
<br /> 2. It will promptly take the necessary actions to effectuate this assurance, including
<br /> notifying the public that complaints of discrimination in the provision of transportation-related
<br /> services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA,
<br /> GOVERNMENTAL BODY assures that it will submit the required information pertaining to its
<br /> compliance with these requirements.
<br />� 3. It will include in each suba reement ro ert transfer a reement third art contract
<br /> 9 , P p Y 9 p Y �
<br /> third party subcontract, or participation agreement adequate provisions to extend the
<br /> requirements of 49 U.S.C. 5332 and 49 CFR Part 21 to other parties involved therein
<br /> including any subrecipient, transferee, third party contractor, third party subcontractor at any
<br /> level,successor in interest, or any other participant in the project.
<br /> 4. Should it transfer real property, structures, or improvements financed with federal
<br /> assistance to another party, any deeds and instruments recording the transfer of that property
<br /> shall contain a covenant running with the land assuring nondiscrimination for the period during
<br /> which the property is used for a purpose for which the federal assistance is extended or for
<br /> another purpose involving the provision of similar services or benefits.
<br /> 5. The United States has a right to seek judicial enforcement with regard to any matter
<br /> arising under the Act, regulations, and this assurance.
<br /> 6. It will make any changes in its 49 U.S.C. 5332 and Title VI implementing procedures
<br /> as U.S. DOT or FTA may request.
<br /> D. Control of Property. GOVERNMENTAL BODY certifies that the control, utilization and
<br /> disposition of property or equipment acquired using federal funds is maintained according to the
<br /> provisions of OMB Circular A-102 Common Rule.
<br /> E. Cost Principles. The cost principles of this Agreement are governed by the cost principles
<br /> found in 49 CFR Part 18.22 and OMB Circular A-87, "Cost Principles for State, local or Indian tribal
<br /> governments", and all costs included in this Agreement are allowable under 49 CFR Part 18.22 and
<br /> OMB Circular A-87, "Cost Principles for State, local or Indian tribal governments".
<br /> Printed 5/19/2009 Page 2 of 8 IT/Decatur/Urban Rev Strategy 06T0145 2"d Time Ext 09-11
<br /> BoBs 2806
<br />
|