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(c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT <br />warrants that (i) it has thoroughly investigated and considered the services to be performed and provided <br />hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully <br />understands the facilities, difficulties and restrictions attending performance of the services under this <br />Agreement. <br />(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, <br />delivery and performance of its obligations under this Agreement will not constitute a default or a breach <br />under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. <br />(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy <br />proceeding. <br />(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or <br />threatened litigation that would or may materially affect SUBREC]TIENT'S performance under this <br />Agreement. <br />(g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S <br />application for funding submitted to CITY, including any exhibits, are true and correct in all material <br />respects. <br />(h) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any <br />current or threatened criminal or civil action investigation by any public agency, including without <br />limitation a police agency or prosecuting authority, that would relate to or affect performance of the <br />Agreement or provision of services hereunder. <br />B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to <br />SUBRECIPIENT is $54,180 ("CDBG FUNDS"), for the two-year term from July 1, 2022 through June <br />30, 2024 for the program named: Jobs for Santa Ana Seniors. Such funds shall be expended by <br />SUBRECIPIENT on or before June 30, 2024. The Term of this Agreement may be extended by a writing <br />executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be <br />disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a <br />complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the <br />satisfaction of the condition precedent of submittal of complete reporting information due on or before <br />July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be <br />obligated to perform such duties as would normally extend beyond the term, including, but not limited to, <br />obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. <br />Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a <br />portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, <br />until such documentation and reporting has been received and approved by CITY. <br />Funding for the second year of the term is subject to and contingent on the CITY receiving sufficient <br />CDBG FUNDS from HUD for the 2023-2024 CDBG program year. The CITY reserves the right to <br />reduce the amount of CDBG FUNDS to SUBRECIPIENT, or to completely terminate this Agreement, in <br />the CITY's sole discretion, if there is a reduction in CDBG FUNDS provided to the CITY for program <br />years 2022-2024. <br />The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates <br />that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program years. <br />Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. <br />2 <br />