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INSURANCE NOT ON A-2019-094-18B <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />TE.JUL Y S m919 <br />AGREEMENT BETWEEN THE CITE' OF SANTA ANA AND <br />Go HERITAGE MUSEUM OF ORANGE COUNTY FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />l7cc✓n1 .�(mn.� <br />This Agreement is hereby made and entered into this 1st day of July, 2019, by and between the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ("CITY"), and HERITAGE MUSEUM OF ORANGE COUNTY, a <br />California nonprofit corporation ("SUBRECIPIENT"). <br />RECITALS: <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of housing and <br />Urban Development C HUD") Comrnuruty Development Block Grant ("CDBG") Entitlement Program, <br />Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number <br />(FA IM B-19-MC-06-0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of <br />CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />("CDBG REGS"). <br />B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and <br />Community Development Act of 1974, Public Law 93-383, as amended ("AC I"'). <br />C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the. CITY to <br />receive CDBG funds and administer such financial assistance; and to provide the services described in <br />Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said <br />program". SUBRECIPTENT represents that it is qualified and willing to operate said program acid certifies <br />that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG <br />program's National Objectives (24 CFR Part 570.208). <br />D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as <br />indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the <br />stated outcomes may constitute breach of contract that could result in termination of this Agreement or <br />serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this <br />Agreement. <br />WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive <br />part of tbis Agreement and the following terms and conditions are approved and together with all exhibits and <br />attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: <br />I. SUBRECIPIENT'S OBLIGATIONS <br />A. Nonprofit Status - Representations and Warranties. <br />(a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good <br />standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has <br />fall right, power and lawful authority to accept the funding hereunder and to undertake all obligations as <br />provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has <br />been fully authorized by all requisite actions on the part of SUBRECIPIENT. <br />(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided <br />hereunder. <br />