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HomeMy WebLinkAboutContract THIS AGREEMENT is dated for reference purposes only as this 27th day of August 2020, and is made by and between the City of Renton, a Washington municipal corporation (the Doug Weller dba Doug Weller Flight Instruction Recipient WHEREAS, on March 5, 2020, the City issued a proclamation of local emergency due to the public health impacts of COVID-19; and WHEREAS, Governor Inslee issued Proclamation 20-on March 23, 2020, which prohibited all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business, within the limitations therein, all due to COVID-19; and WHEREAS, Governor Inslee has issued several updates to Proclamation 20-25, including Proclamation 20-25.3 on May 4, 2020, which established an initial four-phased approach to reopening Washington State; and WHEREAS Governor Inslee issued Proclamation 20-25.4 on May 31, 2020, which creates Stay Healthy; WHEREAS, under the phased transition, many businesses located in the City are open only with a limited capacity and/or reduced operations; and WHEREAS, disruptions to workers and small businesses are serious, as small businesses are a critical component of our economy, and provide a foundation of employment, services for the community, and revenue for cities and other public agencies to continue to provide essential services for the public welfare and benefit; and WHEREAS, resources are necessary to help small businesses survive and certain small businesses reasonably require public aid in order to survive; and WHEREAS, Section 601(a) of the Social Security Act, as added by section 5001 of the -136), established the the CARES Act to the Fund to be used to make payments for specified uses to States and certain local governments; and CAG-20-302 PAGE 2 OF 6 WHEREAS, the Washington State allocation of Fund resources has been designated to reimburse certain additional local governments in the state for specified expenditures though contracts administered by the Washington State Department of Commerce ; and WHEREAS 31, 2020, attached hereto as Exhibit 1 and incorporated herein; and WHEREAS, via Resolution 4411, the City Council directed City administration to establish the City of Renton CARES Act Rel Act Relief Fund Program includes a Small Business Support Program (the . The focus of the Program is to provide short-term economic stability via monetary grants to qualifying small businesses located within City limits that qualify under applicable federal, state, and local criteria; and WHEREAS, the City established an application program laying out eligibility criteria for the Program a commercial storefront or office within Renton city limits; (2) the business has been in operation for at least two (2) years; (3) the business has a current City of Renton business license; (4) the business has no more than 25 employees; and (5) the business is not owned, or partially owned, by managers, officers, directors or public officials associated with the City of Renton; and WHEREAS, the City made the application available to small businesses to seek funding hereto as Exhibit 2 and incorporated herein; and WHEREAS, the City has reviewed the Application and determined that the Recipient is eligible for assistance under this Program because (1) the business is located in a building with a commercial storefront or office within Renton city limits; (2) the business has been in operation for at least two (2) years; (3) the business has a current City of Renton business license; (4) the business is a sole proprietorship; and (5) the business is not owned, or partially owned, by managers, officers, directors or public officials associated with the City of Renton. NOW THEREFORE, in consideration of the mutual covenants and agreements herein, the Parties agree as follows: PAGE 3 OF 6 2. a. b. 3. a. b. c. d. PAGE 4 OF 6 4. a. To the extent necessary f under the CARES Act and/or the Interagency Agreement, the City b. c. d. 5. 6.release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and PAGE 5 OF 6 volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Recipient or sub-Recipients, except for that portion of the claim sole negligence 7. 8. 9. 10.All Recipient documents and records comprising the Agreement, including the Application, and all other documents and records provided to the City by the Recipient are deemed public records subject to disclosure and release under the Washington State Public Records Act, Chapter 42.56 RCW, unless an exemption under the Public Records Act or other laws applies. 11. Complete Agreement. This Agreement sets forth the complete expression of the agreement between the Parties, and any oral representations or understandings not incorporated herein are excluded. PAGE 6 OF 6 12. Waiver. Any waiver by the Recipient or the City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 13. Modification. This Agreement may only be amended by written agreement signed by both Parties. 14. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:__________________________ RECIPIENT By:____________________________ CED Administrator Doug Weller Doug Weller Flight Instruction ____________________________ Date _____________________________ Date Approved as to Legal Form ____________________________ Shane Moloney Renton City Attorney Approved by Leslie Clark via 8-17-2020 email PAGE 7 OF 8 Exhibit 1 INTERAGENCY AGREEMENT [See following pages.] PAGE 8 OF 8 Exhibit 2