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CDBG Loan Agreement 7/1/2023 Between City of San Leandro and Building Futures with Women and Children Page 15 of 18 To the extent applicable, Participant shall construct the Improvements in compliance with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973 (“Section 504”); Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California Code of Regulations (collectively, the “Accessibility Requirements”). In compliance with Section 504 Participant shall provide the City with a certification from the Improvements architect that to the best of the architect's knowledge, the Improvements comply with all federal and state accessibility requirements applicable to the Improvements. Participant shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) the City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Participant, its architect, contractor and subcontractors) to construct the Improvements in accordance with the Accessibility Requirements. The requirements in this Subsection survive repayment of the ARPA and CDBG Loan. 6.15 FINANCIAL MANAGEMENT AND RECORDING SYSTEM. Since Participant is a non-profit organization and not a government agency, the Participant shall comply with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular A-21, "Cost Principles for Educational Institutions," as applicable, and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as specified at 24 CFR 570.502(b). All Contractors shall comply with the applicable provisions under OMB Circular A-133, "Audits of States, Local Governments, and Non-profit Organizations." If indirect costs are charged the Participant will develop an indirect cost allocation plan for determining the appropriate Participant’s share of administrative costs and shall submit such plan to the City for approval. 6.16 PROGRAM INCOME. In the event that the Participant earns any program income, it shall comply with the requirements set forth in 24 CFR Part 570.504, Subpart J. 6.17 REVERSION OF ASSETS. Upon expiration of this Agreement, Participant shall transfer to CITY any unused CDBG funds on hand and any accounts receivable attributable to the use of CDBG Funds in accordance with 24 CFR § 570.503(b)(7). 6.18 OFFICE OF MANAGEMENT AND BUDGET STANDARDS. The Participant shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. ARTICLE VII MISCELLANEOUS 7.1 NOTICES. All notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices sent by personal delivery shall be deemed delivered upon receipt and all notices sent first class, postage prepaid, return receipt requested shall be deemed delivered five (5) business days after deposit in the United States mail.