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<br />INSURANCE ON ~ <br />WORK M"Y l'I\QC""", """'" <br />UNl1LINSURAtlCE Ellr,"""~ <br />9-39-0'1. \"lC:3-/ <br />CLERK OF COUNCIL <br />D~E:7-31.67 <br />(0':> eM (z) <br />I.UO( Flail" <br /> <br />A-2006-092-051 <br /> <br />5f05 <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />PAINT YOUR HEART OUT FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK 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, made and entered into this 3rd day of April, 2007, by and between the City <br />of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Paint <br />Your Heart Out; a California nonprofit corporation ("SUBRECIPIENT"), <br /> <br />WIINE~~EIH <br /> <br />Recitals: <br /> <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of <br />Housing and Urban Development ("HUD") Community Development Block Grant ("CDBO") <br />Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBO <br />funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />("CDBO REOS"); and <br /> <br />B. CITY has applied for and received CDBO funds from HUD pursuant to Title I of the <br />Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and <br /> <br />C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to <br />receive CP;Ii funds and administer such financial assistance; and to provid.z;J,., services described <br />in Exhibit A, in accordance with the schedule of performance included thereUl, hereinafter referred <br />to as "said program". SUBRECIPIENT represents that it is quaJified and willing to operate said <br />program and certifies that the activities carried out with funds provided under this Agreement will <br />meet one or more of the CDBO program's National Objectives (24 CFR Part 570.208). <br /> <br />D. SUBRECIPIENT agrees that it wil1 adhere to the performance measurements and <br />outcomes as indicated on Exhibit A-I ("Outcome Tracking"). Failure to follow the <br />measurements and meet the stated outcomes may constitute breach of contract that could result <br />in termination of this Agreement or serve as reason for the City to recapture the grant funds <br />awarded to SUBRECIPIENT pursuant to this Agreement. <br /> <br />E. Title X ofthe 1992 Housing and Community Development Act (Title X) established <br />requirements relating to lead based paint ("LBP") in housing receiving federal assistance, <br />in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to <br />purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead <br />hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk <br />assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard <br />treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing <br />maintenance, if required, and (v) response to children with environmental intervention blood lead <br />1 <br />