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PUBLIC WORKS AGENCY (11)
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PUBLIC WORKS AGENCY (11)
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Last modified
7/11/2024 2:45:01 PM
Creation date
7/11/2024 2:45:01 PM
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Contracts
Company Name
PUBLIC WORKS AGENCY
Contract #
A-2024-089-20
Agency
Community Development
Council Approval Date
5/7/2024
Expiration Date
6/30/2026
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(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 /> hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully <br /> understands the facilities, difficulties and restrictions attending performance of the services under this <br /> Agreement. <br /> (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, <br /> delivery and performance of its obligations under this Agreement will not constitute a default or a breach <br /> under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. <br /> (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy <br /> proceeding. <br /> (I) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or <br /> threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this <br /> Agreement. <br /> (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S <br /> application for funding submitted to CITY including any exhibits are true and correct in all material <br /> respects. <br /> (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current <br /> or threatened criminal or civil action investigation by any public agency, including without limitation a <br /> police agency or prosecuting authority, that would relate to affect performance of the Agreement or <br /> provision of services hereunder. <br /> B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to <br /> SUBRECIPIENT is $300,000 ("CDBG FUNDS"), for the term of July 1,2024 through June 30, 2026 for <br /> Sidewalk ADA Improvements Project. Such finds shall be expended by SUBRECIPIENT on or before <br /> June 30, 2026 The Term of this Agreement may be extended by a writing executed by the City Manager, <br /> or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to <br /> SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly <br /> activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition <br /> precedent of submittal of complete reporting information due on or before July 15 of the applicable <br /> funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such <br /> duties as would normally extend beyond the term, including,but not limited to, obligations with respect to <br /> indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the <br /> required documentation and reporting will cause CITY to withhold all or a portion of a request for <br /> reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such <br /> documentation and reporting has been received and approved by CITY. <br /> The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates <br /> that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. <br /> Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. <br /> C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to <br /> SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached <br /> hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in <br /> addition to other remedies set forth in this Agreement,result in readjustment of the amount of funds CITY is <br /> otherwise obligated to pay to SUBRECIPIENT hereunder. <br /> Page 2 of 15 <br />
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