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EXHIBIT B <br />INCORPORATING COMMUNITY DEVELOPMENT <br />BLOCK GRANT REQUIREMENTS <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 <br />("CDBG") Program, desires to enter this Agreement with the Consultant for the <br />expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal <br />Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"); and <br />B. Consultant represents that Consultant is not listed as debarred, is able and willing to <br />provide such services to the City, and will comply with the CDBG Reg's. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. CONSULTANT'S OBLIGATIONS <br />A. Experience. Consultant is a qualified provider of the services to be provided <br />hereunder. <br />B. Familiarity With Services Required. By executing this Agreement, Consultant <br />warrants that (i) it has thoroughly investigated and considered the services to be performed and <br />provided hereunder, (ii) it has carefully considered how the services should be performed, and <br />(iii) it fully understands the facilities, difficulties and restrictions attending performance of the <br />services under this Agreement. Should Consultant discover any latent or unknown conditions <br />materially differing from those inherent in the work or as represented by City, it shall <br />immediately inform City of such fact and shall not proceed except at Consultant's risk until <br />written instructions are received from City's representative. <br />C. No Conflict. To the best of Consultant's knowledge, Consultant's execution, <br />delivery and performance of its obligations under this Agreement will not constitute a default or <br />a breach under any contract, agreement or order to which Consultant is a party or by which it is <br />bound. <br />D. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy <br />proceeding. <br />