Item 17 - Construction Contract to PCN3, Inc. for the Newhope Library

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INSURANCE NOT €IEQU110 WORK MAY PROCEED A-2022-092-26 CLERK OF COUNCIL DATE: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND G1vl CO � FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUND � LIC WORKS AGENCY �,n � Ct+�S� s This Memorandum of Understanding is hereby made and entered into this 1 day of July, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under CIA the. Constitution and laws of the State of California ("CPTY"), and Public Works Agency of the City, ("SUBRECIPIENT"). c+7 RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development {"IIUD") Community Development Block Grant ("CDBG") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number (FAIN) B-22MC-06-0508, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"). C. The SUBRECIPIENT has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Representations and Warranties, (a) Authority. SUBRECIPIENT is in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder.