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A- 2 003 —054o INSURANCE ON FILE ' WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL AGREEMENT BETWEEN THE CITY OF SANTA ANA DATE:-(S-v3 AND MERCY HOUSE CENTER CAR FOR THE USE OF EMERGENCY SHELTER GRANT FUNDS 0-1&AP*u) (With Provisions Relating to Compliance with Title X and 24 CFR Part 35 Relating to Lead Based Paint) THIS AGREEMENT, made and entered into this 1 st day of July, 2003, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and MERCY HOUSE CENTER, a California nonprofit organization ("SUBRECIPIENT"). WITNESSETH Recitals: 1. CITY is the recipient of Emergency Shelter Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Stewart B. McKinney Homeless Assistance Act: Emergency Shelter Grants Program 42 USC 11331 et seq. 2. CITY has approved the provision of federal funds under the ESG to be used in the op- eration of an emergency shelter program for the homeless of the City of Santa Ana ("said pro- gram") as further described by a Scope of Work and Schedule of Performance in Exhibit A, at- tached hereto and by this reference incorporated herein. 3. SUBRECIPIENT represents that it has expertise and experience in the provision of emergency shelter programs for the homeless and is willing to use said federal funds to operate said program. 4. SUBRECIPIENT agrees to assist homeless individuals and families in obtaining: appropriate supportive services including, but not limited to, temporary and permanent housing, medical health treatment, mental health treatment, counseling supervision and other services es- sential for achieving independent living, as well as other federal, state, local and private assis- tance available for such individuals. 5. Title X of the 1992 Housing and Community Development Act (Title X) established requirements relating to lead based paint ("LBP") in housing receiving federal assistance, with particular requirements relating to (i) notification (including pamphlet distribution, disclo- sure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim con- trols, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental interven- tion blood lead levels, as required; and 6. On September 15, 1999 HUD adopted implementing regulations to Title X that became effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs."), which estab-