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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 />13. 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 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 an d obligations
<br />incurred in connection therewith, the final 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 result in COMMERCE withholding payment or terminating this Grant Agreement.
<br />14. 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 Attachment B - Scope of Work and
<br />Budget. The GRANTEE must maintain records of program income received and expended and
<br />annually report program income received after closeout of this Grant Agreement. Program Income
<br />shall be used to continue the same activities to benefit low- and moderate-income persons or, with
<br />COMMERCE approval, for other activities to benefit low- and moderate-income persons. Interest
<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 provisions of
<br />section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C.
<br />5309). Section 109 provides that no person in the United States shall, on the ground of race, color,
<br />national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
<br />subjected to discrimination under any program or activity funded in whole or in part with federal
<br />financial assistance. The GRANTEE will adhere to the prohibitions against discrimination on the
<br />basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination
<br />Act) and the prohibitions against discrimination on the basis of disability under section 504 of the
<br />Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these
<br />requirements applicable to programs or activities funded in whole or in part with CDBG -CV funds.
<br />Thus, the GRANTEE shall comply with regulations of 24 CFR part 8, which implement Section 504
<br />for HUD programs, and the regulations of 24 CFR part 146, which implement the Age
<br />Discrimination Act for HUD programs.
<br />B. Architectural Barriers Act and the Americans with Disabilities Act. The GRANTEE shall
<br />ensure that 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 1968 (42 U.S.C. 4151-4157) requires certain federal and federally
<br />funded buildings and other facilities to be designed, constructed, or altered in accordance with
<br />standards that ensure accessibility to, and used by, physically handicapped people. A building or
<br />facility designed, constructed, or altered with funds allocated or reallocated under this part after
<br />December 11, 1995, and that meets the definition of “residential structure” as defined in 24 CFR
<br />40.2 or the definition of “building” as defined in 41 CFR 101-19.602(a) is subject to the requirements
<br />of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform
<br />Federal Accessibility Standards (appendix A to 24 CFR part 40 for resident ial structures, and
<br />appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).
<br />The Americans with Disabilities Act (42 U.S.C. 12131; 47 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. It further provides
<br />Docusign Envelope ID: 12F0630C-CF27-4904-94CD-F83E8C6F2C10
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