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City of Santa Ana <br />18-HEAP-00007 <br />Standard Agreement Page 1 of 9 <br />EXHIBIT C <br />TERMS AND CONDITIONS <br />Homeless Emernenav Aid Program fHEAPI <br />1. Effective Date Commencement of Work and Completion Dates <br />A. This Agreement is effective upon approval by Agency, which is indicated by the <br />signature provided by Agency in the lower left-hand corner of page one, Standard <br />Agreement, STD. 213, when signed by all parties. Contractor agrees that the work <br />shall not commence, nor any costs to be paid with HEAP funds be incurred or <br />obligated by any party, prior to execution of this Agreement by Agency and the <br />Contractor, or prior to Contractor's receipt of HEAP funds, whichever date is later. <br />Contractor agrees that the work shall be completed by the expenditure date <br />specified in Exhibit A, Paragraph 6. <br />B. Contractor must contractually obligate no less than 50 percent of HEAP funds by <br />January 1, 2020, One hundred percent of HEAP funds shall be expended by June <br />30, 2021. Any funds not expended by June 30, 2021 shall be returned to Agency <br />and revert to the General Fund. "Obligate" means that the Contractor has placed <br />orders, awarded contracts, received services, or entered similar transactions that <br />require payment from the grant amount. In the case of an award made to a general <br />purpose local government that subcontracts with private nonprofit organizations <br />via letters of awards and Service Provider Agreements, the Subcontractors are <br />required to obligate the funds by the same statutory deadlines. "Expended" means <br />all HEAP funds obligated under contract or subcontract have been fully paid and <br />receipted, and no invoices remain outstanding. <br />C. Contractor and its Subcontractors agree that the work shall be completed by the <br />expiration date specified in Exhibit A, Paragraph 6 and that the Scope of. Work will <br />be provided for the full term of this Agreement. <br />2. Sufficiency of Funds and Termination <br />A. Agency may terminate this Agreement at any time for cause by giving a minimum <br />of 14 days' notice of termination, in writing, to the Contractor. Cause shall consist <br />of: violations of any terms or conditions of this Agreement, or any breach of <br />contract as described in Paragraph 7; violation of any Federal or. State Laws or. <br />Regulations; or withdrawal of Agency's expenditure authority.. Upon termination of <br />this Agreement, unless otherwise approved in writing by Agency, any unexpended <br />funds received by the Contractor shall be returned to Agency within thirty days of <br />the Notice of Termination. <br />B. This Agreement is valid and enforceable only if sufficient funds are made available <br />to Agency by legislative appropriation. In addition, this Agreement is subject to any <br />additional restrictions, limitations or conditions, or statutes, regulations or any other <br />Homeless Emergency Aid Program Contractor's Initials,. <br />NOFA Date: 09/06/2018 <br />