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
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