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Docusign Envelope lD: 1 2F0630C-CF27-4904-94CD-F83E8C6F2C 1 0..tlrf i'l;lilirn0:tiri St,i[e
<br />Delta':ttient cf(lonmrelce
<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 />ngreement. These reports may include environmental review records, publication affidavits,
<br />procurement and coniracting records, documentation of compliance with federal civil rights
<br />requirements, job creation retords, program income reports, reports of the costs and obligations
<br />incurred in connection therewith, the tinal 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 COTViMERCE withholding payment or terminating this Grant Agreement'
<br />14. Program lncome
<br />program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before
<br />Ora,iing additional CDBG funds to complete activities included in Attachment B - Scope of Work and
<br />Budgetl The GRANTEE must maintain records of program income received and expended and
<br />annrially report program income received after closeout of this Grant Agreement. Program lncome
<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. lnterest
<br />earned in excess of $t bO 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 10g. The GRANTEE will comply wilh 24 cFR part 6, which implements the provisions of
<br />section 109 of tifle tof the Housing and Community DevelopmentAct o11974 (Title l) (42 U'S'C'
<br />5309). section 109 provides that no person in the uhited states shall, on the ground of race, color,
<br />natiohal origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
<br />subjected t5 Oiscriirination under any program or activity funded in whole or in part with federal
<br />financial assistance. The GRANTEE-will aldhere to the prohibitions against discrimination on the
<br />basis of age unJer tne 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 />Rehabititation Act of 1g73'(2g 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 com-ply with regulations of 24 CFR part 8, which.implement Section 504
<br />for HUD progr"ri, and the regulations 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 />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 buildingi ind other facilities to be designed, constructed, or altered in accordance with
<br />standards that-ensure accessibitity to, and used by, physically handicapped people. A building or
<br />facility designed, constructed, or ittereO with funds allocated or reallocated under this part after
<br />December 11, 1bg5, and that meets the definition of "residential structure" as defined in 24 CFR
<br />40.2 or thedefinition'of .building" as defined in 41 cFR 101-19.602(a) is subject to the requirements
<br />of the Architecturat Barriers Acl of 1968 (42 U.S.C. 4151-4157) and shall comply.with the Uniform
<br />Federal nccesiiOitity Standards (appendix A lo 24 CFR part 40 for residential structures, and
<br />appendix Alo 41 CrR part 101-1 9, subpart 1q1-1_9:6, .for general type buildings).
<br />The Americans with Disabitities Act G) U.S.C. 12131;47 U.S.C. 155,201, 218 and 225) ( DA)
<br />provides comprehensive civil rights to individuals with disabilities in the areas of employment, public
<br />accommodations, state and toc-2l government services, and telecommunications. lt further provides
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