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uuuuotgt I El lveluPE lv. o9wolvza-+ooo-alvo-oaJJ-oouuEU I un DU I <br />*.,i ..:3xi;;rl;ti <br />environmental laws, statutes, regulations or executive orders. ln addition, the Grantee assures it will <br />document, in writini, ltu o"t"iririution that each activity or project is exempt and meets the conditions <br />specified for such exemption under (NEPA) za Cfn sa.g+(i) (ior Planning-only) or 5s.34(4) (for Public <br />Services) and (SEPA) WAC 197-1 1-800. <br />15. Historicat or CulturalArtifacts, Human Remains <br />ln the event that historical or cultural artifacts are discovered at the project site during construction or <br />rehabilitation, the Grantee shall immediately stop construction and notify the local historical <br />preservation officer and the state historic preslrvation officer at the Department of Archaeology and <br />Historic preservatlon (DAHP). lf human remains are discovered, the Grantee shall stop work, report <br />the presence and location of the remains to the coroner and local law enforcement immediately, and <br />contact DAHP and the concerned tribe's cultural staff or committee- <br />16. Laws <br />The Grantee shall comply with ali applicable laws, ordinances, codes, regulations, and policies of local, <br />state, and federal governments, as now or hereafter amended, including: <br />. Housing and Community Development Act of 1974 <br />. CDBG regulations in 24 CFR Part 570 <br />r 2 CFR 200 <br />17. Build America. BuY America <br />The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 <br />USC8301 note,andaliapplicablerulesandnotices,asmaybeamended,if applicabletothe <br />Grantee's infrastructure project. Pursuant to HUD's Notice, "Public lnterest Phased lmplementation <br />waiver for Fy 2022 and 2023 ol Build America, Buy America Provisions as Applied to Recipients of <br />HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the <br />applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver' <br />1 8. Per-formance RePortinq <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 therewith, <br />the final closeout report, and any other matters covered by this Grant. Activities funded by this Grant <br />providing income-qualified direci assistance or direct services under the limited clientele' housing, or <br />job creation CDBG National Objectives, must submit quarterly beneficiary reports as furnished by <br />COMMERCE. Failure to submit these reports may result in COMMERCE withholding payment or <br />terminating this Contract. <br />19. Proqram lncome <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 compleie activities included in Attachment A - Scope of Work and <br />Budget. The Grantee must maintain reclrds of program income received and expended, and annually <br />report program income received after closeout of this Grant. Program lncomeshallbe used to continue <br />the same activities to benefit low- and moderate-income persois or, with COMMERCE approval for <br />other activities to benefit low- and moderate-income persons. lnterest 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 />Page 8 of 16