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(9) <br />CITY OF SANTA ANA <br />EXHIBIT II <br />SAMPLE AGREEMENT <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />FOR USE OF <br />AMERICAN RESCUE PLAN ACT (ARPA) FUNDS <br />This Agreement is hereby made and entered into this day of 2023, <br />by and between the City of Santa Ana, a charter city and municipal corporation organized and existing <br />under the Constitution and laws of the State of California ("CITY"), and <br />a California domestic nonprofit corporation ("CONTRACTOR" or <br />"CONTRACTOR"). <br />RECITALS: <br />A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA provides <br />funding for a number of different programs, including the Coronavirus State and Local Fiscal <br />Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, <br />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 SLFRF <br />funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, <br />which includes five spending categories: recovery from the pandemic, direct assistance programs, <br />public health and safety, critical infrastructure, and city fiscal health. <br />C. CONTRACTOR has been selected by the CITY to receive ARPA SLFRF Funds in order to provide <br />a food distribution program, in accordance with the Scope of Work attached hereto as Exhibit A <br />and incorporated herein by reference ("said program"). CONTRACTOR represents that it is <br />qualified and willing to operate said program and certifies that the administration of said program <br />carried out with funds provided under this Agreement will meet ARPA's objectives to respond to, <br />mitigate, and recover from this historic COVID-19 public health crisis. <br />D. CONTRACTOR agrees that it will adhere to the tasks and services as indicated in Exhibit A for <br />said program. Failure to follow the requirements and meet the stated expectations may constitute <br />breach of contract that could result in termination of this Agreement or serve as reason for the <br />CITY to recapture the grant funds awarded to CONTRACTOR pursuant to 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 />CONTRACTOR: <br />ARPA PROGRAM PROVISIONS <br />A. Scope of Work. CONTRACTOR shall be responsible for the specific tasks and services of <br />said program, and agrees to administer said program in compliance with the tasks and services as described <br />in the Scope of Work attached hereto as Exhibit A. CONTRACTOR's failure to perform as required may, in <br />