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INSURANCE ON FILE <br />WORK MAY PROCEED N-2022-320 <br />UNTIL INSURANCE EXPIRES <br />2623 <br />CLERK OF COUNCIL <br />DATE: <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />ASOCIACION DE EMPRENDEDOR@S FOR USE OF <br />AMERICAN RESCUE PLAN ACT (ARPA) FUNDS <br />This Agreement is hereby made and entered into this 3 day of October, 2022, by and <br />between the City of Santa Ana, a charter city and municipal corporation organized and existing <br />n; under the Constitution and laws of the State of California ("CITY"), and Asociacion de <br />Q Emprendedor@s, a California domestic nonprofit corporation ("SUBRECIPIENT" or <br />cn "CONTRACTOR"). <br />�— RECITALS: <br />0 <br />A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA <br />provides funding for a number of different programs, including the Coronavirus State and <br />Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments <br />to respond to, mitigate, and recover from the COVID-19 public health emergency. <br />B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA <br />SLFRF funding from the United States Department of Treasury for the Revive Santa Ana <br />Spending Plan, which includes five spending categories: recovery from the pandemic, direct <br />assistance programs, public health and safety, critical infrastructure, and city fiscal health. <br />C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to <br />provide seminars focused to educate, motivate, empower, and develop the leadership skills of <br />the Hispanic community, in accordance with the Scope of Work attached hereto as Exhibit <br />A and incorporated herein by reference ("said program"). SUBRECIPIENT represents that <br />it is qualified and willing to operate said program and certifies that the administration of said <br />program carried out with funds provided under this Agreement will meet ARPA's objectives <br />to respond to, mitigate, and recover from this historic COV@-19 public health crisis, <br />D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A <br />for said program. Failure to follow the requirements and meet the stated expectations may <br />constitute breach of contract that could result in termination of this Agreement or serve as <br />reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to <br />this Agreement. <br />WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a <br />substantive part of this Agreement and the following terms and conditions are approved and together <br />with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and <br />SUBRECIPIENT: <br />I. ARPA PROGRAM PROVISIONS <br />A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and <br />services of said program, and agrees to administer said program in compliance with the tasks and <br />services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure <br />