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INSUHANC;L NOT ON FILE WCAK MAY,, ; Ir fi, ROC E ED CLERK O OF COUNCIL �.i 1 DATE: OCT Q 7 2011 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PAINT YOUR HEART OUT FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (With Provisions Relating to Compliance with Title X and 24 CFR Part 35 Relating to Lead Based Paint) 6' 10 A- 2011- 172 -05 This Agreement, made and entered into this 1 st day of July, 2011, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY ") and � PAINT YOUR HEART OUT; a California nonprofit corporation ( "SUBRECIP ENT "), F\ V I1�j WITNESSETH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REGS "); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A -1 ( "Outcome Tracking "). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. Title X of the 1992 Housing and Community Development Act (Title X) established requirements relating to lead based paint ( "LBP ") in housing receiving federal assistance, in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead