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t t. is <br />1 NSU'K AY' N rlt <br />nl WOaK SAY PNOCEEt� <br />UNTILINSlli� OEXPIRES <br />3 (' <br />CLERK r COUNCIL <br />(/) DATE: -I AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />BOYS AND GIRLS CLUB OF SANTA ANA FOR USE OF <br />°a COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />V This Agreement, is hereby made and entered into this 1st day of July, 2015, by and between the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ( "CITY ") and Boys and Girls Chib of Santa Ana, a California nonprofit <br />T.) corporation ( "SUBRBCIPIENT "). <br />RECITALS: <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 ( "CDBG ") Entitlement Program, <br />Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number <br />(FAIN) B- 15 -MC -06 -0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of <br />CDBG fiords 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 <br />Housing and Community Development Act of 1974, Public Law 93 -383, as amended ("ACT"). <br />C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY <br />to receive CDBG funds and administer such financial assistance,; and to provide the services described in <br />Exhibit A, in accordance with the schedule of performance included 'therein, hereinafter referred to as "said <br />program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies <br />that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG <br />program's National Objectives (24 CTR Part 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. Nonprofit Status - Re <br />Tresentations and Warranties. <br />(a) Authority. SUBREC[PCENT is a dilly organized and existing nonprofit corporation in good <br />standing and authorized to do business under the laws of the State. of California. SI BRECIPIENT has <br />full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as <br />provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has <br />been frilly authorized by all requisite actions on the part of SUBRECIPIENT. <br />(b) Experience. SUBRECIPIENT is a qualified provider of [lie services to be provided <br />hereunder. <br />