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INSURANCE Nof REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL A-2022-092-29 <br />DATE: <br />MEMORANDUM OF UNDERSTANDING <br />BETWEEN THE CITY OF SANTA ANA AND <br />fl • (,QA (P) PARK RECREATION AND COMMUNITY SERVICES AGENCY <br />( DLWdf0-c.5)1' FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />This Memorandum of Understanding is hereby made and entered into this 1. day of July, 2022, by <br />ewe and between the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />® the Constitution and laws of the State of California ("CITY"), and Parks Recreational and Community <br />Services Agency of the City, ("SUBRECIPIENT"). <br />RECITALS: <br />2 <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and <br />Urban Development ("HUD") Community Development Block Grant ("CDB(T") Entitlement Program <br />Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number <br />(FAIN) B-22MC-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 ("ACT")- <br />C. The SUBRECIPIENT has been selected by the CITY to receive CDBG funds and administer such <br />financial assistance, and to provide the services described in Exhibit A, in accordance with the schedule of <br />performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it <br />is qualified and willing to operate said program and certifies that the activities carried out with funds provided <br />under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part <br />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 this 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. Representations and Warranties <br />(a) Authority. SUBRECIPIENT is in good standing and authorized to do business under the <br />laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the <br />funding hereunder and to undertake all obligations as provided herein and the execution, performance and <br />delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the <br />part of SUBRECIPIENT. <br />(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided <br />hereunder. <br />