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' INSURANCE ON FILE A-2004-087-26 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 5 a-os CLERK OF COUNCIL sioa DATE: 10 44-04 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MERCY HOUSE TRANSITIONAL LIVING CENTER FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (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 3rd day of May 2004, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and MERCY HOUSE TRANSITIONAL LIVING CENTER; a California nonprofit corporation ("SUBRECIPIENT"), WITNESSETH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in "Exhibit A," in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. 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, in particular requirements relating to (i) notification (including pamphlet distribution, - disclosure 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 controls, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead levels, as required; and E. 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 establish specific rules regarding notification to owners and occupants about the existence of LBP hazards, I