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PUBLIC WORKS AGENCY(9)
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Last modified
6/7/2023 12:20:37 PM
Creation date
5/30/2023 10:45:26 AM
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Contracts
Company Name
PUBLIC WORKS AGENCY
Contract #
s-2023-082-02
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
5/2/2023
Expiration Date
6/30/2025
Destruction Year
2024
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TO SUBRECIPIENT: NAME: Nabil Saba <br />Executive Director <br />Public Works Agency <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />VIIL ASSIGNABILITY <br />None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be <br />subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. <br />SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. <br />No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to <br />this Agreement. <br />IX. HOLD HARMLESS <br />SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, <br />representatives and volunteers from and against any and all damages to or for loss of use of property and for <br />injuries to or death of any person or persons, including property and employees or agents of CITY, and shall <br />defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers <br />from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, <br />but not by way of limitation, workers compensation claims and including attorney fees and reasonable <br />expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or <br />omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising <br />out of SUBRECIPIENT's performance of this Agreement. <br />X. INSURANCE <br />SUBRECIPIENT is a CITY Agency and therefore maintains the same insurance as CITY. <br />XI. REVERSION OF ASSETS <br />A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG <br />funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable <br />to the use of CDBG funds. [24 CFR 570.503(b)(7)] <br />B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in <br />part with CDBG funds in excess of $25,000.00 must either be: <br />I. Used, where CITY has given written approval, to meet one of the national <br />objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer <br />period of time as determined to be appropriate by CITY; or <br />2. If not used in accordance with subparagraph I above, SUBRECIPIENT shall pay to <br />CITY an amount equal to the current fair market value of the property less any portion of the value <br />attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such <br />payment is program income to CITY. <br />C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this <br />Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired <br />
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