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Item 12 - FY 2024-25 ESG Subrecipient Agreements and a New MOU with Santa Ana Police Department
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Item 12 - FY 2024-25 ESG Subrecipient Agreements and a New MOU with Santa Ana Police Department
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11/13/2024 2:36:06 PM
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City Clerk
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Agenda Packet
Agency
Community Development
Item #
12
Date
11/19/2024
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in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted <br />by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or <br />responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP <br />Regulations and implementing guidance published and provided by HUD relating to compliance <br />with such LBP Regs. <br />G.Exemptions <br />Section 35.115(a) provides exemptions from Subparts B through R. For example, lead <br />based paint requirements do not apply to housing assistance if the assistance lasts less than one <br />hundred (100) days. <br />XI.CONFLICTS OF INTEREST <br />The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program funds to procure services, equipment, supplies, or other property. With respect to all other decisions <br />involving the use of program funds, the following restriction shall apply: No person who is an <br />employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and <br />who exercises or has exercised any functions or responsibilities with respect to assisted activities, <br />or who is in a position to participate in a decision making process or gain inside information with <br />regard to such activities, may obtain a personal or financial interest or benefit from the activity, or <br />have an interest in any contract, subc ontract, or agreement with respect thereto, or the proceeds <br />there under, either for himself or herself, or for those with who he or she has family or business <br />ties, during his or her tenure orfor one (1) year thereafter. <br />The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as <br />expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and <br />Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the <br />-same requirements -that-apply to the-SlJBREGIPIENT under this-section. <br />XII.ASSIGNABILITY <br />None of the duties of, or work to be performed by, the SUBRECIPIENT under this <br />AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without <br />the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and <br />other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment <br />shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this <br />AGREEMENT. <br />XIII.EXCLUSIVITY OF AGREEMENT <br />This AGREEMENT supersedes any and all other agreements, including, specifically Agreement <br />A-2024-090-01, either oral or in writing, between the parties hereto with respect to the use of the <br />ClTY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements <br />between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this <br />AGREEMENT acknowledges that no representations, inducements, promises or agreements, <br />orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which <br />are not embodied herein, and that no other agreement or amendment hereto shall be effective <br />unless executed in writing and signed by both the CITY and the SUB RECIPIENT. <br />Page 19 of23 <br />EXHIBIT 4
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