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on the Project and Grantee shall ensure that all contractors and subcontractors to comply with the Davis-
<br /> Bacon Act and regulations thereunder. In addition, Grantee shall ensure compliance with all applicable
<br /> provisions of the Contract Work Hours and Safety Standards Act,40 U.S.C. Section 328 et seq.; Copeland Act
<br /> (Anti-Kickback Act), 18 U.S.C.Section 874; the Fair Labor Standards Act, and regulations under such Acts,
<br /> including 29 C.F.R. Parts 3 and 5, and with HUD Handbook 1344.1. These requirements include but are not
<br /> limited to: language within each contract for construction work; payment of prevailing wages and fringe
<br /> benefits; the submittal of various documents as evidence of compliance; withholding of funds; equal
<br /> employment opportunity; and work hours.
<br /> If under other applicable law or any other agreement with respect to the Project, minimum levels
<br /> of wages or benefits are required, then Grantee shall ensure compliance with such levels, and if both Davis-Bacon
<br /> Act requirements and any other such requirements shall apply, then Grantee shall ensure compliance with higher of
<br /> the applicable levels.
<br /> (g) economic Opportunities for Low-and Very Low-Income Persons. There shall be compliance with, and
<br /> Grantee shall comply, and cause all contractors and subcontractors to comply, with any and all applicable
<br /> provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, the
<br /> purpose of which is to ensure that employment and other economic opportunities generated by Federal
<br /> financial assistance for housing and community development programs shall, to the greatest extent feasible,
<br /> be directed toward low- and very low-income persons, particularly those who are recipients of government
<br /> assistance for housing. Grantee shall comply, and shall require all contractors and subcontractors to comply,
<br /> with all applicable provisions of regulations issued pursuant thereto by the Secretary of HUD and set forth in
<br /> 24 C.F.R. Part 135, and with all applicable rules and orders of HUD issued thereunder. Without limiting the
<br /> foregoing, unless another method of demonstrating compliance has been approved in writing by the Grantor
<br /> or by HUD, Grantee shall comply, and require cause all contractors and subcontractors to comply, with the
<br /> applicable numerical goals in 24 C.F.R. Section 135.30.
<br /> (h) Relocation and Acquisition. Grantee represents, warrants and agrees that no residential tenants have
<br /> been or will be displaced in connection with the Grant and the Grantee has taken and shall take all
<br /> reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit
<br /> organizations, and farms) in connection with the Grant. If the Grantee or its affiliate has acquired or entered
<br /> into an agreement to acquire real property in connection with the Grant, then Grantee represents and
<br /> warrants that prior to making an offer for such property, Grantee or such affiliate (1) clearly advised the
<br /> owner in writing that it lacked the power of eminent domain and therefore was unable to acquire the
<br /> property in the event negotiations failed to reach an amicable agreement, and (2) informed the owner in
<br /> writing of what Grantee or such affiliate believed to be the fair market value of the property. Grantee shall
<br /> comply fully, at Grantee's sole expense, with the City's Residential Anti-displacement and Relocation
<br /> Assistance Plan ("RARAP"). If the Project involves the temporary and/or permanent displacement of persons,
<br /> Grantee represents, warrants and agrees that Grantee has provided and shall provide, at a minimum, all
<br /> relocation assistance required by 24 CFR Section 42; the federal Uniform Relocation Act and regulations
<br /> thereunder, 49 CFR Part 24; 24 CFR Section 570.606 and any other applicable federal laws or regulations, and
<br /> shall maintain complete and accurate records demonstrating such compliance. Grantee agrees that any
<br /> determination by Grantor of the amount of relocation assistance due to any person shall be final and binding
<br /> upon Grantee, unless a different determination is made by HUD at the request of such person, in which case the
<br /> HUD determination shall be final and binding on Grantee. Grantee shall carry out the terms of any relocation
<br /> plan approved by Grantor, but the terms of any such plan shall not limit Grantee's obligations under this Grant
<br /> Agreement or applicable laws or regulations, and no such approval by Grantor shall be construed as a waiver or
<br /> modification of any requirement of this Agreement or applicable laws or regulations.
<br /> (i) Architectural Barriers.Grantee shall ensure that its property shall comply with the applicable
<br /> requirements of the Architectural Barriers Act of 1968 (see 42 U.S.C. Sections 4151-57), and shall comply
<br /> with the following: (a) for residential structures, the Uniform Federal Accessibility Standards (Appendix A to
<br /> 24 CFR part 40), and (b) for other buildings, the Architectural Barriers Act Accessibility Standard (ABAAS),
<br /> Appendices C and D to 36 CFR part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10), pursuant to 41
<br /> CFR Sec. 102-76.60.
<br /> (1) Flood Insurance Protection. If the Grantee's property is in a special flood hazard area as identified
<br /> by the Federal Emergency Management Agency, then Grantee represents, warrants and agrees that flood
<br /> insurance is and shall remain in effect, at Grantee's expense, in accordance with Section 102(a) of the Flood
<br /> Disaster Protection Act of 1973 (42 U.S.C. Section 4001 et seq.).
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