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codes to prevent accidents or injuries to persons, on, about, or adjacent to the premises where the <br />work is being performed. <br />11. PERFORMANCE REPORTING <br />The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic <br />progress and performance reports pertaining to the activities undertaken pursuant to this Contract. <br />These reports may include environmental review records, publication affidavits, procurement and <br />contracting records, documentation of compliance with federal civil rights requirements, job creation <br />records, program income reports, reports of the costs and obligations incurred in connection <br />therewith, the final closeout report, and any other matters covered by this Contract. Activities funded <br />by this Contract providing income-qualified direct assistance or direct services under the limited <br />clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary <br />reports as furnished by COMMERCE. Failure to submit these reports may result in COMMERCE <br />withholding payment or terminating this Contract. <br />12. PROGRAM INCOME <br />Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before <br />drawing additional CDBG funds to complete activities included in the Scope of Work and Budget. The <br />Grantee must maintain records of program income received and expended, and annually report <br />program income received after cioseout of this Grant. Program Income shall be used to continue the <br />same activities to benefit low-and moderate-income persons or, with COMMERCE approval, for <br />other activities to benefit low-and moderate-income persons. I nterest earned in excess of $100 on <br />CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the <br />U.S. Treasury. <br />13. SUBCONTRACTS FOR ENGINEERING SERVICES <br />Engineering firms must certify that they are authorized to do business in the state of Washington and <br />are in full compliance with the requirements of the Board of Professional Registration. The Grantee <br />shall require that engineering services providers be covered by errors and omissions insurance. The <br />engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all <br />activities by the engineering firm and licensed staff employed or under contract to the engineering <br />firm. The state of Washington, its agents, officers, and employees need not be named as additional <br />insureds under this policy. <br />14. ORDER OF PRECEDENCE <br />In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving <br />precedence in the following order: <br />• Applicable federal and state of Washington statutes and regulations <br />• Special Terms and Conditions <br />• General Terms and Conditions <br />• Attachment A -Scope of Work and Budget <br />• Grantee's application for funding and the Community Development Block Grant policies and <br />procedures, prepared by Commerce as incorporated by reference on the Face Sheet <br />6