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W304A4A . Q11 FII, A-2016-059-0$ <br />J WORK MAY PNOCEEl'i <br />UNTIL INSURANCE EXPIf3ES <br />CLERK OF COUNCIL <br />HATE: -7 <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />COUNCIL ON AGING— ORANGE COUNTY FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />to <br />Ibis Agreement is hereby made and entered into this Ist day of July, 2016, by and between the City <br />4. of Santa Ana, a charter city and municipal corporation organized and existing tinder the Constitution and <br />laws of the State of California ("CITY"), and Council on Aging — Orange County, a California nonprofit <br />corporation ("SUBRECIPIENT"). <br />RECITALS: <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and <br />V 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 -16 -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 foods from HUD pursuant to Title I of the Housing and <br />Community Development Act of 1974, Public Law 93-383, as amended ("ACT"). <br />C. The SUBRECIPLENT is a private nonprofit corporation that has been selected by the CITY to <br />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 progron 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 constihrte 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 SU13REC7IPIENT 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 teens and conditions are approved and together with all exhibits and <br />attachments hereto, shall constitute the entire Agreement between the CITY and. SUBRECIPIEN'.1': <br />I. SUBRECIPIENT'S OBLIGATIONS <br />A. Nomorofit Status - RepresentationA and Warranties. <br />(a) Authority. S'U13RECIPIENT is a duly organized and existing nonprofit corporation in good <br />standing 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 obligations as <br />provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has <br />been fully authorized by all requisite actions on the part: of SUBRECIPIENT. <br />(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided <br />hereunder. <br />