Orange County NC Website
Browse       Search
<br />(Federal Certification-Non-Discrimination, Clean Air, Clean Water) (01/2018) Page 2 of 3 <br />Ensuring Equal Opportunity Access for Persons with Disabilities: The Contractor must also <br />ensure equal opportunity access for persons with disabilities. This includes ensuring that <br />communications with applicants, participants, members of the public, and companions with <br />disabilities are as effective as communications with people without disabilities. Contractors that do <br />not provide persons with disabilities equal opportunity access to programs may risk violating <br />prohibitions against disability discrimination in the Rehabilitation Act of 1978, the American with <br />Disabilities Act (ADA) of 1990, as amended, and SNAP program regulations. <br />DOJ published revised final regulations implementing Title II and Title III of the ADA on <br />September 15, 2010. These regulations are codified at 28 CFR Part 35 "Nondiscrimination on the <br />Basis of Disability in State and Local Government Services" and at 28 CFR Part 36 <br />"Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial <br />Facilities". In accordance with the implementing regulations, Contractors must provide auxiliary <br />aids and services where necessary to ensure effective communication and equal opportunity <br />access to program benefits for individuals with disabilities. The type of auxiliary aids and services <br />required will vary, but a Contractor may not require an individual with a disability to bring another <br />individual to interpret, and may rely on a person accompanying a disabled individual only in limited <br />circumstances. When a Contractor communicates with applicants and beneficiaries by telephone, <br />it must provide text telephone services (ITY) or have access to an equally effective electronic <br />telecommunications system to communicate with individuals who are deaf, hard of hearing, or <br />hearing impaired. Contractors must also ensure that interested persons, including persons with <br />impaired vision or hearing, can obtain information as to the existence and location of accessible <br />services, activities, and facilities. For more information, please visit the ADA website: <br />http://www.ada.gov. <br /> <br /> <br />IV. The Clean Air Act, Section 306; 42 U.S.C. §7401 et seq. (1970) <br />a. No Federal agency may enter into any contract with any person who is convicted of any <br />offense under section 113(c) for the procurement of goods, materials, and services to <br />perform such contract at any facility at which the violation which gave rise to such <br />conviction occurred if such facility is owned, leased, or supervised by such person. The <br />prohibition in the preceding sentence shall continue until the Administrator certifies that <br />the condition giving rise to such a conviction has been corrected. For convictions arising <br />under section 113(c)(2), the condition giving rise to the conviction also shall be <br />considered to include any substantive violation of this Act associated with the violation of <br />113(c)(2). The Administrator may extend this prohibition to other facilities owned or <br />operated by the convicted person. <br />b. The Administrator shall establish procedures to provide all Federal agencies with the <br />notification necessary for the purposes of subsection (a). <br />c. In order to implement the purposes and policy of this Act to protect and enhance the <br />quality of the Nation's air, the President shall, not more than 180 days after enactment of <br />the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each <br />Federal agency authorized to enter into contracts and each Federal agency which is <br />empowered to extend Federal assistance by way of grant, loan, or contract to effectuate <br />the purpose and policy of this Act in such contracting or assistance activities, and (2) <br />setting forth procedures, sanctions, penalties, and such other provisions, as the President <br />determines necessary to carry out such requirement. <br />d. The President may exempt any contract, loan, or grant from all or part of the provisions of <br />this section where he determines such exemption is necessary in the paramount interest <br />of the United States and he shall notify the Congress of such exemption. <br />e. The President shall annually report to the Congress on measures taken toward <br />implementing the purpose and intent of this section, including but not limited to the <br />progress and problems associated with implementation of this section. [42 U.S.C. 7606] <br />DocuSign Envelope ID: 80FAA64D-D4E1-4D56-8F3D-32DFBE60990E