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