Common use of CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Clause in Contracts

CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS. ‌ a. The following provisions shall be in force for this agreement: i. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: a. According to applicable federal, state, and local laws and regulations, including public health standards and building codes; b. In a reasonably safe condition for the project’s intended use; c. Throughout its estimated useful service life so as to prevent undue deterioration; d. In compliance with all federal and state nondiscrimination laws, regulations and policies. ii. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: a. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. b. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. c. Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information.

CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS. ‌ a. The following provisions shall be in force for this agreement: i. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: a. According to applicable federal, state, and local laws and regulations, including public health standards and building codes; b. In a reasonably safe condition for the project’s intended use; c. Throughout its estimated useful service life so as to prevent undue deterioration; d. In compliance with all federal and state nondiscrimination laws, regulations and policies. ii. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: a. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. b. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. c. Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information.