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ENSURANCE UN FILL <br />WORK MAY PROCECIJ <br />toUNTIL INSURANCE [:XPIRf:.' <br />CLERK OF COUNCIL l L( <br />7/2014 <br />A-2014-276.01 <br />y� DAVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />ORANGE COUNTY FAIR HOUSING COUNCIL, INC. FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />This Agreement, is hereby made and entered into this 1st day of July, 2014, by and between the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />U laws of the State of California ("CITY") and Orange County Fair Housing Council, Inc., a California <br />nonprofit corporation ("SUBRECIPIENT"). <br />t 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") Program, desires to enter <br />U1 this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, <br />Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"). <br />B. CITY has applied for and received CDBG funds from BUD 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 CFR Part 570.208). <br />D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as <br />indicated on Exhibit A-1 (Outcome Tracking). Failure to follow the measurements and meet the stated <br />outcomes may constitute breach of contract that could result in termination of this Agreement or serve as <br />reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this 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 />L SUBRECIPIENT'S OBLIGATIONS <br />A. Nonprofit Status - Representations and Warranties. <br />(a) Authority. SUBRECIPIENT 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 />(c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT <br />warrants that (i) it has thoroughly investigated and considered the services to be performed and provided <br />