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MkANCE ON , ILE <br />WORK MAY PROCEED A-2007-105-25 <br />UNTIL INSURANCE EXPIRES <br />s- a2.08 <br />CLERK OF COUNCIL <br />DATE: OCT - 4 2007 <br />sios <br />8: COACz') <br />Lucy Fly AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />MERCY HOUSE TRANSITIONAL LIVING CENTER FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />(With Provisions Relating to Compliance with Title X <br />and 24 CFR Part 35 Relating to Lead Based Paint) <br />This Agreement, made and entered into this 1 st day of July, 2007, by and between the City <br />of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and <br />a California nonprofit corporaticirf <br />.. <br />WITNESSETH <br />Recitals: <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of <br />Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") <br />Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG <br />funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />("CDBG BEGS"); and <br />B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the <br />Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and <br />C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to <br />receive CDBG funds and administer such financial assistance; and to provide the services described <br />in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred <br />to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said <br />program and certifies that the activities carried out with funds provided under this Agreement will <br />meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). <br />D. SUBRECIPIENT agrees that it will adhere to the performance measurements and <br />outcomes as indicated on Exhibit A-1 ("Outcome Tracking"). Failure to follow the <br />measurements and meet the stated outcomes may constitute breach of contract that could result <br />in termination of this Agreement or serve as reason for the City to recapture the grant funds <br />awarded to SUBRECIPIENT pursuant to this Agreement. <br />E. Title X of the 1992 Housing and Community Development Act (Title X) established <br />requirements relating to lead based paint ("LBP") in housing receiving federal assistance, <br />in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to <br />purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead <br />hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk <br />assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard <br />treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing <br />