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<br />-.a 1i~:~URAN\:L C:N FlU <br />WOr~i: p,;:/\y :;t:ij~:[P,_, , <br />lit;;" INSUiii'Jlk tX-PIRES <br />5 ~ ;l,.-o""L_ <br />CU:.RK OF COUNCil <br />om, AUG 0 9 2006 <br /> <br />{Yo L..bl4- (01..) <br />(J-. Flov-eSl <br /> <br />A-2006-064 <br /> <br />5/05 <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND MERCY HOUSE TRANSITIONAL LIVING CENTERS, INC. <br />FOR THE USE OF EMERGENCY SHELTER GRANT FUNDS <br />(With Provisions Relating to Compliance with Title X <br />and 24 CFR Part 35 Relating to Lead Based Paint) <br /> <br />THIS AGREEMENT, is hereby made and entered into this 1 st day July, 2006, by and be- <br />tween the City of Santa Ana, a charter city and municipal corporation of the State of California <br />("CITY") and Mercy House Transitional Living Centers, Inc., a California nonprofit organiza- <br />tion ("SUBRECIPIENT"). <br /> <br />WITNESSETH <br /> <br />Recitals: <br /> <br />1. CITY is the recipient of Emergency Shelter Grant ("ESG") funds from the United <br />States Department of Housing and Urban Development ("HUD") pursuant to the Stewart B. <br />McKinney Homeless Assistance Act: Emergency Shelter Grants Program 42 USC 11331 et seq. <br /> <br />2. CITY has approved the provision of federal funds under the ESG to be used in the op- <br />eration of an emergency shelter program for the homeless of the City of Santa Ana ("said pro- <br />gram") as further described by a Scope of Work and Schedule of Performance in Exhibit A, at- <br />tached hereto and by this reference incorporated herein. <br /> <br />3. SUBRECIPIENT represents that it has expertise and experience in the provision of <br />emergency shelter programs for the homeless and is willing to use said federal funds to operate <br />said program. <br /> <br />4. SUB RECIPIENT agrees to assist homeless individuals and families in obtaining: <br />appropriate supportive services including, but not limited to, temporary and permanent housing, <br />medical health treatment, mental health treatment, counseling supervision and other services es- <br />sential for achieving independent living, as well as other federal, state, local and private assis- <br />tance available for such individuals. <br /> <br />5. 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 />with particular requirements relating to (i) notification (including pamphlet distribution, disclo- <br />sure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or <br />lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, <br />and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim con- <br />trols, standard treatments, or abatement depending on the requirements for housing activity <br />type), (iv) ongoing maintenance, if required, and (v) response to children with environmental <br />intervention blood lead levels, as required; and <br /> <br />6. On September 15, 1999 HUD adopted implementing regulations to Title X that became <br />effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs."), which estab- <br /> <br />1 <br />