SANTA ANA HISTORICAL PRESERVATION SOCIETY (9)

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WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terns and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between CITY and GRANTEE: 1. SCOPE OF GRANT CITY has determined that GRANTEE is eligible for the Grant Program. GRANTEE agrees that it will use the funds to install a fence around the Property, as detailed in the Proposal attached herewith as Exhibit A and incorporated herein by reference. GRANTEE agrees that it will adhere to the guidelines and requirements in this Agreement, as well as all applicable environmental and historical guidelines. Failure to follow the requirements and meet the stated expectations may constitute breach of Agreement that could result in termination of this Agreement or serve as reason for the CITY to recapture the Grant funds awarded to GRANTEE pursuant to this Agreement. 2. GRANT AMOUNT Pursuant to this Agreement, CITY will disburse a onetime payment of $43,320.00, which includes $38,000.00 for the proposed work as detailed in Exhibit A, along with a 14% contingency of $5,320.00, to GRANTEE ("Grant") upon execution of this Agreement by all parties. In executing this Agreement and receiving these Grant funds, GRANTEE agrees to use the Grant funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should GRANTEE fail to use the Grant funds for such purpose or otherwise comply fully with the terms of this Agreement, CITY shall have the right to terminate this Agreement and demand the return of the Grant fiords. CITY reserves the right to reduce the amount of Grant funds to GRANTEE, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SLFRF funds provided to the CITY. 3. GRANT TERM This Agreement shall commence on the date first written above and continue in effect for one (1) year, unless terminated earlier in accordance with Section 19, below. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES GRANTEE is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, GRANTEE agrees to fully comply with such Prevailing Wage Laws. GRANTEE shall 2