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<br />Agreement that are subject to the provisions of section 3 and section 7(b) agree to comply with
<br />section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)'
<br />1 3. Performance 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 Grant
<br />Agreement. These reports may include environmental review records, publication affidavits,
<br />procurement and contracting records, documentation of compliance with federal civil rights
<br />requirements, job creation records, program income reports, reports of the costs and obligations
<br />incurred in connection therewith, the finll closeout report, and any other matters covered by this
<br />Grant Agreement. Activities funded by this Grant Agreement providing income-qualified direct
<br />assistance or direct services under the limited clientele, housing, or job creation CDBG National
<br />objectives, must submit quarterly beneficiary reports as furnished by CoMMERCE' Failure to submit
<br />these reports may resutt in cotviMERCE withholding payment or terminating this Grant Agreement'
<br />14. Prooram lncome
<br />program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before
<br />drawing additionat CDBG funds to complete activities included in Attachment B - Scope of Work and
<br />Budget. The GRANTEE must maintain records of program income received and expended and
<br />annually ,"port progi"r income received after closeout of tnis Grant Agreement' Program lncome
<br />shall be used to continue the same activities to benefit low- and moderate-income persons or' with
<br />COMMERSE "d;;;;i:'f; other activities to benefit low- and moderate-income persons' lnterest
<br />earned in excess of $100 on CDBG funds received to reimburse incurred costs must be remitted to
<br />COMMERCE for return to the U'S' Treasury'
<br />15. Nondiscrimination
<br />A. Section 109. The GRANTEE will comply with 24 CFR part 6, which implements-the provision-s of
<br />section 109 of tifle lof the Housing and Community DevelopmentAct o11974 (Title l) (42 U'S'c'
<br />5309). section 10g provides that no p"oon in the Uiiteo staies shall, on the ground of race, color,
<br />national origin, relijion, or sex, be excluded from participation in, be denied the benefits of' or be
<br />subjected to Oiscriirination under "ny
<br />p.gt"t or activiiy funded in whole or in part with federal
<br />financial assistance. The GRANTTe'witt alh"r" to the prohibitions against discrimination on the
<br />basis of age under the Age Dtscriminaiion Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination
<br />Act) and the prohibitions against discrimination on the
<br />'basis
<br />of disability under section 504 of the
<br />Rehabititation n"t oi 1g73-Qg U.S.C. 794) (Section 504). section 109 of the HCDA makes these
<br />requirements applicable to programs ot ,itiuiti"t funded in whole or in part with CDBG-CV funds'
<br />Thus,theGRANTEEshallcomplywithregulationsof-24-CFRpartS,whichimplementSection504
<br />for HUD programs, and the regulatiois of 24 CFR part 146, which implement the Age
<br />Discrimination Act for HUD programs'
<br />B. Architecturat Barriers Act and the Americans with Disabilities Act. The GRANTEE shall
<br />;;;Fth"t its activities are consistent with the requirements of the Architectural Barriers Act and
<br />the Americans with Disabilities Act'
<br />The Architectural Barriers Act of 1g6g (42 U.S.C. 4151-4157) requires certain.federal and federally
<br />funded buildings "nJ otn"l, facilities tf be designed, constiucted, or altered in accordance with
<br />standards that ensure accessibilityto, and usec-oy, physically handicapped.people. A building or
<br />facility designed, constructed, or altered with funds allocated or reallocated under this part after
<br />December 11, 1gg5, and that meetsthe definition of "residential structure" as defined in 24 CFR
<br />40.2 or the deinition'of ,,building" as defined in 41 cFR 101-19.602(a) is subject to the requirements
<br />of the Architectural Barriers Act of tg6g (42 U.S.C. 4151-4157) and shall comply.with the Uniform
<br />Federat n""".sb,iity Standards (apJenlix A to 24 cFR part 40 for residential structures, and
<br />appendixAto4l CFnpartl0l-19,subpart1!1-]_9,6^,{orgeneraltypebuildings).
<br />The Americans with Disabitities act(+i u.s.c. 12131; +7 u.s.c. 155,201, 218 and 225) (ADA)
<br />provides comprehensive civil rights to individuals with disabilities in the areas of employment, public
<br />accommodations, state and local government services, and telecommunications. lt further provides
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