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Home My WebLink AboutContractAGREEMENT BETWEEN THE CITY OF RENTONEYhEE/>^͗ CARES ACT EMERGENCY SMALL BUSINESS SUPPORT GRANT THIS AGREEMENT (“Agreement”) is dated for reference purposes only as this 1ϴ day of August, 2020, and is made by and between the City of Renton, a Washington municipal corporation (the “City”) and YƵĞĞŶEĂŝůƐŽƌƉŽƌĂƚŝŽŶ;“Recipient”),collectively referredtoasthe“Parties.” 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 20-25, “Stay Home, Stay Healthy,” 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 a transition from “Stay Home – Stay Healthy” to “Safe Start – Stay Healthy;” and 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 Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) (PL 116-136), established the Coronavirus Relief Fund (the “Fund”) and appropriated $150 billion under Title V of the CARES CAG-20-252 PAGE 2 OF 8 Act to the Fund to be used to make payments for specified uses to States and certain local governments; and 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 (“Commerce”); and WHEREAS, the City entered into an Interagency Agreement (the “Interagency Agreement”) with Commerce regarding the Fund for the period March 1, 2020 through October 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 Relief Fund Program to utilize Fund resources, and the City’s CARES Act Relief Fund Program includes a Small Business Support Program (the “Program”). 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. The City’s eligibility criteria are as follows: (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 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 under the Program, and Recipient applied. Recipient’s application (the “Application”) is attached 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 ŚĂƐϮĞŵƉůŽǇĞĞƐ; and (5) the business is not owned, or partially owned, bymanagers, 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: AGREEMENT PAGE 3 OF 8 ϭ͘Allowable Expenses. The total amount to be awarded to Recipient under the Programis $ϱ͕000 (“Program Award Funds”). Recipient shall use Grant Funds only to payor reimburse Recipient for expenses allowable under the CARES Act and theInteragency Agreement. Ϯ͘Time Period and Expenses Incurred in Excess of Program Award Funds. Ă͘The Recipient acknowledges that all expenses must be incurred by theRecipient during the allowable time period established under the CARES Actand the Interagency Agreement. (This time period was originally March 1,2020through October 31, 2020, but is subject to change.) ď͘The Recipient acknowledges that any expenses incurred in excess of Program Award Funds are the Recipient’s sole responsibility and will not be paid bythe City. ϯ͘Recipient’s Compliance Obligations. Ă͘Compliance with laws, regulations, and other obligations.The Recipient shall comply with and obey all applicable federal, state and local laws, regulations, and ordinances. Should the Recipient’s spending of the Program Award Funds be inconsistent with applicable laws, provisions of this Agreement, provisionsof the CARES Act, provisions of the Interagency Agreement, informationRecipient provided in the Application, or otherwise inappropriate, the Cityshallhave the right to the return of any portion of the Funds that are laterdetermined to have been spent in violation. Unless exigent circumstancesexist, the City shall not exercise this right until it has given Recipient writtennotice of Recipient’s noncompliance, and allowed Recipient a period of ten ;ϭϬͿ days from the date of notice for Recipient to cure the noncompliance.The right of recapture provided in this section is in addition to and not in lieuofany right which Washington law provides for breach of contract. ď͘Requirement to Provide Accurate Information. The Recipient understandsand acknowledges that providing false information in the Application or onany documents submitted to the City or its designees as part of theRecipient’s participation in the Program may constitute fraud, justifytermination of this Agreement, trigger the Recipient’s obligation to returnfunds, and may be subject to civil and/or criminal penalties and/or sanctions. Đ͘No Use of Program Award Funds for Expenses Covered by Other Programs.The Recipient shall not use Program Award Funds to cover expenses forwhichthe Recipient has received other federal, state or regional funds,includingwithout limitation funds made available under the PayrollProtection Program(“PPP”)or unemployment insurance compensation. PAGE 4 OF 8 d. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction. Recipient certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency. 4. Maintenance of Records. a. The Recipient shall maintain accurate written records reflecting all of Recipient’s direct and indirect expenditures of Program Award Funds. These records must be sufficient to demonstrate that the Program Award Funds have been used in accordance with Section 601(d) of the Social Security Act. To the extent necessary for the City to comply with the City’s obligations under the CARES Act and/or the Interagency Agreement, the City review the documentation to determine the Recipient’s conformance with the requirements of the Program, and the Recipient shall make available to the City, upon request, all of the Recipient’s records and documents with respect to all matters covered by this Agreement. b. The City may require the Recipient to provide additional documentation if the existing documentation is deemed incomplete. c. The Recipient shall retain all records related to this Agreement for a period of six (6) years following the receipt of Program Award Funds. These records, including materials generated under the Agreement, shall be subject at all reasonable times to inspection and review by the City, and to an audit by Commerce, personnel duly authorized by Commerce, the Office of the State Auditor, and other federal and state officials so authorized by law, regulation or agreement. d. If any litigation, claim or audit is started before the expiration of the six (6) year period provided in Section 4(c) above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5. No Employee Relationship. The Recipient understands and acknowledges that neither the Recipient nor any officer, employee or agent of the Recipient shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue of the services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to the Recipient or any employee of the Recipient. PAGE 5 OF 8 6. Indemnification. The Recipient agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, 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 caused by the City’s sole negligence . In the event of any dispute between the Recipient and its employees, subcontractors or anyone with a claim to some or all of the Recipient’s Program award funds, the Recipient shall be responsible for resolution of any such claim and the City shall have no responsibility nor obligation in the resolution process nor outcome. The Recipient shall ensure that any sub-recipient of any Program award funds shall agree to defend and indemnify the City to the extent and on the same terms and conditions as the Recipient’s indemnification of the City. 7. Non-discrimination. During the performance of this Agreement, the Company shall comply with all federal and state nondiscrimination laws, including but not limited to, chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). In the event of the Company’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled, or terminated in whole or in part. 8. Effective Date. The effective date of this Agreement shall be the last date signed by the Parties. 9. Interagency Agreement Amendments. The Parties acknowledge that Commerce or other agencies of the State of Washington may request changes to the Fund or the provisions of the Interagency Agreement. Any changes or revisions to the Fund or the Interagency Agreement terms and conditions that are applicable to this Agreement shall be incorporated by amendment of this Agreement, following written notice by City to the Recipient. 10. Public Disclosure. 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. 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 RECIPIENT’S APPLICATION [See following page(s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