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iNSURANGL QN Yttc <br />WOgKMAY pRoCEED <br />, 'A, <br />'AlirEEXPiAES <br />OGIERW rf GOlINC1L 5 <br />DATE. �,6 —3—k <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />This Agreement, is hereby made and entered into this 1 st 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 Orange County Children's Therapeutic Arts Center, a <br />California nonprofit corporation ("SUBRECIPIENT"). <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 SlJBRECIPIENT for the expenditure of <br />CDBG fiords in accordance with 'rule 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />("CDBG PEGS"). <br />B. CITY has applied for and received CDBG funds from HUD pursuantto Title 1 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 fiords 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 CFR 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 SU1!3RECIPIENT 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 CI'T'Y and SUBRECIPIENT: <br />I. SU'BRECIPIENT'S OBLIGATIONS <br />A. Nonprofit Status - Representations and Warranties. <br />(a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good <br />stanching and authorized to do business under the laws of the State of California. SUBRECIPIENT has <br />full right, power and lawful authority to accept the funding hereunder and to undertake all obligationsas <br />provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENI' has <br />been fully 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 />