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City of Santa Ana <br />20-HHAP-00019 <br />Page 12 of 23 <br />Homeless Housing, Assistance and Prevention <br />Standard Agreement <br />EXHIBIT C <br />HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND <br />CONDITIONS <br />1. Termination and Sufficiency of Funds <br />A. Termination of Agreement <br />Agency may terminate this Agreement at any time for cause by giving a minimum <br />of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist <br />of violations of any conditions of this Agreement, any breach of contract as described <br />in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of <br />Agency's expenditure authority. Upon termination of this Agreement, unless <br />otherwise approved in writing by Agency, any unexpended funds received by the <br />Grantee shall be returned to Agency within 30 days of Agency's notice of termination. <br />B. Sufficiency of Funds <br />This Agreement is valid and enforceable only if sufficient funds are made available to <br />Agency by legislative appropriation. In addition, this Agreement is subject to any <br />additional restrictions, limitations or conditions, or statutes, regulations or any other <br />laws, whether federal or those of the State of California, or of any agency, department, <br />or any political subdivision of the federal or State of California governments, which <br />may affect the provisions, terms or funding of this Agreement in any manner. <br />2. Transfers <br />Grantee may not transfer or assign by subcontract or novation, or by any other means, <br />the rights, duties, or performance of this Agreement or any part thereof, except with <br />the prior written approval of Agency and a formal amendment to this Agreement to <br />affect such subcontract or novation. <br />3. Grantee's Application for Funds <br />Grantee has submitted to Agency an application for HHAP funds to support regional <br />coordination and expand or develop local capacity to address its immediate <br />homelessness challenges. Agency is entering into this Agreement on the basis of, and <br />in substantial reliance upon, Grantee's facts, information, assertions and <br />representations contained in that application, and in any subsequent modifications or <br />additions thereto approved by Agency. The application and any approved <br />modifications and additions thereto are hereby incorporated into this Agreement. <br />Homeless Housing, Assistance and Prevention Program <br />NOFA Date: December 6, 2019 <br />20B-16 <br />