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City of Everett <br /> Community Development Block Grant Program Agreement <br /> Exhibit A <br /> SPECIAL PROVISIONS <br /> This Agreement is funded with Federal Community Development Block Grant ("CDBG") funds. As such, the Grantee agrees to <br /> comply with all laws and regulations applicable to the use of CDBG funds. Without limiting the generality of the foregoing,the <br /> Grantee hereby agrees and certifies as follows: <br /> Federal Regulations <br /> Grantee acknowledges that the Grant is to be made with funds that are subject to CDBG program regulations of HUD,and certain <br /> other federal laws and regulations.Accordingly,Grantee agrees, represents and warrants that Grantee shall comply with all <br /> applicable requirements under HUD regulations for the CDBG program and under other laws and regulations applicable to Grants <br /> of such federal funds,including without limitation those cited in this Section,and to comply with all of the provisions below,some of <br /> which extend beyond federal requirements: <br /> (a) Benefit to Low-and Moderate Income Persons.Grant funds shall be used for working capital.Grantee agrees <br /> that under no circumstances will the CDBG Grant funds be used for construction,physical expansion,or equipment purchases. <br /> Use of funds shall satisfy the CDBG national objective of benefit to low-and moderate-income persons(as defined by HUD for <br /> CDBG purposes) <br /> Use of funds shall satisfy the eligible activity criteria under 24 CFR 570.203(b)as a special economic development activity- <br /> Economic Development Direct Financial Assistance for For-Profit Businesses. Pursuant to 24 CFR 570.208(a)(4),the Grant funds <br /> must benefit a"low-to moderate-income person(s)"by retaining at least 1 full time job,"and at least 51 percent jobs retained <br /> are available to low-or moderate-income persons as defined by HUD in 24 CFR Section 570.3("LMIs").Grantee is required to <br /> complete and sign an Income Verification form, in a form and content acceptable to the Grantor. <br /> (b) Nondiscrimination.No person shall on the grounds of race,color,national origin, religion or sex be excluded <br /> from participation in, be denied the benefits of,or be subjected to discrimination under any program or activity funded in whole or <br /> in part with CDBG funds. All requirements of Title VI of the Civil Rights Act of 1964,42 U.S.C.2000d et seq.,which provides that no <br /> person in the United States shall on the ground of race,color or national origin,be excluded from participation in,denied the <br /> benefits of,or be subjected to discrimination under any program or activity receiving Federal financial assistance;and Department <br /> of Housing and Urban Development("HUD")regulations implementing such requirements,24 C.F.R.Part 1 shall be complied with <br /> fully. <br /> Grantee shall comply and ensure compliance with all of the requirements and prohibitions of 24 C.F.R.Section <br /> 570.602,implementing the nondiscrimination requirements of Section 109 of the Housing and Community Development Act of <br /> 1974,as amended;those of the Americans with Disabilities Act,and regulations at 28 C.F.R. Parts 35 and 36 thereunder;those <br /> of HUD regulations under the Age Discrimination Act of 1975,42 U.S.C.Section 6101 et seq.,at 24 C.F.R. Part 146;and those of <br /> Section 504 of the Rehabilitation Act of 1973(29 U.S.C.Section 794),and implementing regulations at 24 C.F.R. Part 8.Grantee <br /> shall include, in any instrument effecting or recording any transfer of its interest in the Property,the covenant required by 24 <br /> C.F.R.Section 8.50 with regard to compliance with regulations under Section 504 of the Rehabilitation Act of 1973. <br /> Grantee shall ensure compliance with contracting opportunity laws, regulations and executive orders <br /> referenced in 24 CFR Section 570.607(as amended by Executive Order 13403),and the regulations in 41 C.F.R. Part 60,which <br /> provide that no person shall be discriminated against because of race,color,religion,sex or national origin in all phases of <br /> employment during the performance of federal contracts and subcontracts,and Grantee shall take affirmative action to ensure <br /> fair treatment in employment,upgrading,demotion or transfer, recruitment or recruitment advertising, layoff or termination, <br /> rates of pay,or other forms of compensation and selection for training or apprenticeship.The"equal opportunity clause"set <br /> forth in 41 C.F.R.Section 60-1.4(a)is hereby incorporated by reference as though fully set forth,with Grantee as"Contractor" <br /> thereunder.Grantee shall cause the appropriate "equal opportunity clause"to be set forth in each"federally assisted <br /> construction contract"(as defined in 41 CFR Section 60-1.3,including subcontracts)for the Project,except as expressly exempted <br /> under 41 C.F.R.Part 60. <br /> No otherwise qualified handicapped individual in the United States shall,solely by reason of handicap,be excluded <br /> 7 of 10 <br />