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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
<br /> to comply with all laws and regulations applicable to the use of CDBG funds. Without limiting the generality of the
<br /> foregoing,the 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
<br /> certain other federal laws and regulations.Accordingly, Grantee agrees, represents and warrants that Grantee shall comply
<br /> with all applicable requirements under HUD regulations for the CDBG program and under other laws and regulations
<br /> applicable to Grants of such federal funds,including without limitation those cited in this Section,and to comply with all of the
<br /> provisions below,some of which extend beyond federal requirements:
<br /> (a) Benefit to Low-and Moderate-Income Persons.Grant funds shall be used for working capital. Grantee
<br /> agrees that under no circumstances will the CDBG Grant funds be used for construction, physical expansion,or
<br /> equipment purchases. Use of funds shall satisfy the CDBG national objective of benefit to low-and moderate-income
<br /> persons (as defined by HUD for 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
<br /> retained are available to low-or moderate-income persons as defined by HUD in 24 CFR Section 570.3 ("LMIs"). Grantee is
<br /> required to 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
<br /> excluded from participation in, be denied the benefits of,or be subjected to discrimination under any program or activity
<br /> funded in whole or in part with CDBG funds. All requirements of Title VI of the Civil Rights Act of 1964,42 U.S.C.2000d et seq.,
<br /> which provides that no person in the United States shall on the ground of race,color or national origin,be excluded from
<br /> participation in,denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal
<br /> financial assistance;and Department of Housing and Urban Development("HUD")regulations implementing such
<br /> requirements,24 C.F.R. Part 1 shall be complied with fully.
<br /> Grantee shall comply and ensure compliance with all of the requirements and prohibitions of 24 C.F.R.
<br /> Section 570.602, implementing the nondiscrimination requirements of Section 109 of the Housing and Community
<br /> Development Act of 1974, as amended;those of the Americans with Disabilities Act, and regulations at 28 C.F.R. Parts 35
<br /> and 36 thereunder;those of HUD regulations under the Age Discrimination Act of 1975,42 U.S.C. Section 6101 et seq., at
<br /> 24 C.F.R. Part 146;and those of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and implementing
<br /> regulations at 24 C.F.R. Part 8. Grantee shall include, in any instrument effecting or recording any transfer of its interest in
<br /> the Property,the covenant required by 24 C.F.R.Section 8.50 with regard to compliance with regulations under Section
<br /> 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,
<br /> which provide that no person shall be discriminated against because of race,color, religion,sex or national origin in all
<br /> phases of employment during the performance of federal contracts and subcontracts, and Grantee shall take affirmative
<br /> action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
<br /> layoff or termination, rates of pay,or other forms of compensation and selection for training or apprenticeship.The "equal
<br /> opportunity clause" set forth in 41 C.F.R. Section 60-1.4(a) is hereby incorporated by reference as though fully set forth,
<br /> with Grantee as "Contractor"thereunder. Grantee shall cause the appropriate "equal opportunity clause"to be set forth
<br /> in each "federally assisted construction contract"(as defined in 41 CFR Section 60-1.3,including subcontracts)for the Project,
<br /> except as expressly exempted under 41 C.F.R.Part 60.
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