MERCY HOUSE LIVING CENTERS (HOPWA 2012)

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constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et seq.) and is, therefore, subject to 24 CFR part 35. Accordingly, and pursuant to 24 CFR 574.635, Project Sponsor hereby agrees to and shall be responsible for testing and abatement activities specified in the Lead -Based Paint Poisoning Prevention Act and the regulations set forth at 24 CFR part 35 with respect to the rehabilitation of the Unit. f. Conflict of Interest. 24 CFR 574.625. No person who is an employee, agent, consultant, officer or elected or appointed official of the City of Santa Ana or of Project Sponsor, who exercises or has exercised any functions or responsibilities with respect to activities assisted with HOPWA Funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from this Agreement, or have an interest in any contract, subcontract or agreement with respect hereto, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. g. Debarment and Suspension. 24 CFR 574.620. Concurrently with the execution of this Agreement, Project Sponsor has completed and delivered to the City the Certificate Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier Covered Transactions, attached hereto as Attachment No. 5, as required by 24 CFR 574.620. h. Lobbying. 24 CFR 574.615. Concurrently with the execution of this Agreement, Project Sponsor has completed and delivered to the City the Certification Regarding Lobbying attached hereto as Exhibit H, as required by 24 CFR 574.615. i. Flood Insurance. 24 CFR 574.640. This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seg.). No portion of the assistance provided under this Agreement is approved for acquisition, rehabilitation, or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Federal Emergency Management Agency as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act. The use of any assistance provided under this Agreement for such acquisition, rehabilitation, or construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. j. Coastal Barriers. 24 CFR 574.645. This Agreement is subject to the Coastal Barrier Resources Act (16 U.S.C. 3501). No financial assistance under the HOPWA Program may be made available within the Coastal Barrier Resources System. The use of any assistance provided under this Agreement within the Coastal Barrier Resources System shall be grounds for immediate termination of this Agreement. 9. All -Risk and Liability Insurance. Project Sponsor shall maintain, during the term of this Agreement, (1) an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property, and (2) a comprehensive general liability insurance policy with a $1,000,000 limit of liability. The all-risk policy shall name the City as loss payee and the liability insurance policy shall name the City as an additional insured. Each policy Page 6 of 31