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Home My WebLink AboutA8820 - NICE TOUCH BEAUTY SUPPLY AND SALONContract Company Name : Company Contact: Summary of Services: Contract Price : Funding Source : Contract Term : Contract Administration Lead Department: Contract Administ rator: Contract Approva ls Council Approval Date: Agreement No : A i~w Contract Compliance Exhibits: Signatu res : Insurance : Bonds : Contract prepared by : Submitted on : 4-26-2021 CONTRACT ABSTRACT Nice Touch Beauty Supply and Salon Betty LaVariega , Owner COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM AGREEMENT $10 ,000 ("Loan ") to help preserve and operate the Business . Business Owner understands that the Loan is a zero-interest loan w ith a term of six (6) months . City Council appropriated $1 ,000 ,000 from General Fund Six (6) months Community & Economic Development Jay Virata , Director Included Inclu ded · n/a n/a April 8 , 2021 (.:) ..,, ..,, ("") f"T'l 0 'Tl -I ::c: "' ,., -I 0 r ,,.., ... Community & Economic Development Department By : Jennifer Henning/Diana Shay r--> = r--> C) CX) 0 -l -< z C) (/1 ,-• T HE C ITY OF PALM SPRINGS COVID-19 SMALL BUS INESS ASSISTANCE PROGRAM AGREEMENT This Agreement is by and between the City of Palm Springs ("City" and Nice Touch Be uty Supply & Salon ("Business'') to provide financial assistance not to exceed $10,000 under the COVID-19 Small Business Assistance ("Program"). Under the Program the City provides a forgivable loan to local small businesses impacted by COVID-19 mandated closures, The Program is to assist with the loss in revenue that the Business has suffered and is intended to help those small businesses most in need subject to certain requirements depending on the number of full-time employees retained by the Business. The City Council authorizes the use of general fund monies to increase improve and preserve locally owned small businesses. The Program is specifically provided for those business owners who will re-open their Business within thirty (30) days of receipt of funds and remain open throughout the loan term of six (6 months. 1. Betty Lavariega is the owner of the Business ("Business Owner") located at 1775 E. Palm Canyon Dr . Suite 125 Palm Springs , CA. 2 . Business Owner has applied to the Program and requested a loan in the amount of $1 O 000 ("Loan ") to help preserve and operate the Business . Business Owner understands that the Loan is a zero-interest loan with a term of six (6) months "Term'1 • City does not warrant that the Loan amount will pay all costs of Business ' operation during the Term. 3. Business Owner hereby authorizes the City or its designee to verify ownership of the Business and obtain a credit report only for the purpose of confirming that there re no defaults recorded on the Business that will affect ownersh ip of the Bus iness. 4. Business Owner hereby certifies (or declares under penalty of perjury under the la of the State of California that the Business is in good standing and has not violated any State , County or local emergency orders that the Business has suffered a significant loss in revenue as a result of mandated closures and that Business Owner has truthfully reported any COVI 0 -19 relief-related financial assistance received from any government entity. Business Owner further certifies (or declares ) under penalty of perjury that the Business is an independently owned local business or non-profit with no more than five (5) full-time employees. Bus iness Owner further certifies or declares under penalty of perjury that he /she is the owner and legal representative of the Business with the authority to bind the Business under this Agreement. 5. Business Owner intends to open the Business within thirty (30) days of receiving the Loan and remain open in good standing (in compliance with State County and local emergency orders ) throughout the Loan Term. Business Owner agrees to submit monthly report on the Business operations to the City in a form acceptable to the City during the Loan Term. Business Owner understands that the Loan shall be amortized over the Term. To wit each month that the Business remains open the Loan will be reduced and discounted by one-sixth (1 /6) of the Loan amount. If Business Owner retains and operates the Business for the full Loan Term the Loan will be forgiven. Business Owner understands that if the Business is sold or transferred during the Loan COVID -19 Small Bu siness Assistance Program Agreement 1 ,... - Term the unforg iven portion of the Loan shal l become due and payab le immediate ly . 6 . Bus i ness Owner hereby promises to repay the Loan amount of $10 000 by eithe r meet i ng the conditions for Loa n forgiveness set forth in pa ragra ph 5 1 or p ying ny unamortized amount to the City shou ld the Bus iness not remain ope n fo r t he full Term. 7 . MISCELLANEOUS . 7.1 Conflict of Interest. Business Owner acknowledges that no officer o r employee of the Business has or sha ll have any direct or i ndi rect financ ia l inte rest in th is Agreement nor shall Owner enter into any agreement of any kind w ith a ny su ch officer or employee duri ng the term of this Agreement and for one year thereafter. Owner warrants that Owner has not pa id or g iven and w ill not pay o r g ive ny th ir d party any money or other considerat ion in exchange fo r obta i ning this Loan . 7 .2 Non-D iscr imination . A. Business he rein covenants by and for itself its heirs executors administrators and assigns and all persons cla iming under or through it , and this Agreeme nt i s m ade an d accepted upon and subject to the follow i ng cond itions : That there shall be no discri m i nation against or segregation of any person or group of persons on account of race sex . marital status color creed national origin d isability medical cond ition , religion sexual o ri entatio n, age or ancestry in the leasing sub leasing transferr ing use occupancy tenu re o r enjo y me nt of the Premises herein no r shall the Business itself or any person claiming under o r through it establish or pe rmit any such practice or practices of disc rimination or segregation w ith reference to the selection location number use or occupancy of Bus iness lessees sub- lessees or vendees in the Premises . B. Business certifies and represents that during the term of the Agreement Business and any other parties with whom it may contract shall adhere to the City 's non-discrimination and equal benefits laws as provided pursuant to Ordinance No . 1896 in the Palm Springs Municipal Code Section 7.09.040 to assure that applicants and employees are treated equally and are not discriminated against because of their actual or perceived race color religion , ancestry national origin disability medical condition marital status domestic partne r st tus , sex gender gender identity, gender expression or sexual orientation . Business further certifies that it will not maintain any segregated facilities. C . Business shall in all solicitations or advertisements for applicants for employment placed by or on behalf of Business in the use of the property covered by this Agreement include a statement that it is an "equal opportunity employer" or that all qualified applicants wlll receive consideration for employment without regard to their actual or perceived race color, religion ancestry national origin disability medical condition marital status domest ic partner status sex gender gender identity gender expression or sexual or ientation . D. Business shall certify that it has not , in the performance of its obligations under this Agreement discriminated aga inst applicants or employees bee use of th Ir ctu l o r perceived race , color religion , ancestry national origin , disability medical condition , marita l CO VID -19 Sm all Busi ness Ass ista nce Progra m Agreement 2 status , domestic partner status , sex gender, gender identity , gender expression or sexual orientation . E. If requested to do so by the City Business shall provide the City with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records are confidential or privileged under state or federal law. F. Business agrees to recruit Coachella Valley residents initially and to give them preference if all other factors are equal for any new positions which result from the performance of this A greement and which are performed within the City . The City may agree to modify this requirement where it is in conflict with federal or state laws or regulations. G. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. 7.3 Notices. Wherever in this Agreement it shall be required or permitted th t notice and demand be given or served by either party to this Agreement to or on the other such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing and personally served or forwarded by certified mail postage prepaid addressed if to the City of Palm Springs P.O. Box 2743 Palm Springs California 92263 Attn: City Manager and if to Business 1775 E. Pa lm Canyon Dr. Suite 125 Palm Springs CA 92264. Either party may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing. 8. All other provisions of the Agreement shall remain in full force and effect. IMPORTANT ALL APPLICANTS MUST READ BEFORE S IGNING Business and Business Owner shal l indemnify and hold harmless the City of Palm Spring ("City") the City Council its officers agents employees and independent contractors free and harmless from any liability whatsoever based and asserted upon any act or omission of the City for property damage bodily Injury or death or any other element of damage of any kind or nature relating to or in any way connected with Business and Business Owner's participation in the Program. Business Owner certifies that the above statements are true and accurate to the best of his/her knowledge. Business Owner's appl ic at ion to the Program shall remain the property of the City and shall be deemed a public record for purposes of the California Publi c Records Act Government Code§ 6250 et seq .). [SIGNATURES ON NEXT PAGE] COVID -1 9 Small Bus i ness Assistance Program Agreement 3 IN WITNESS WHEREOF , the parties have duly executed th is Agreement on the date first set forth above. BUSINESS NAME ("Business") COVID -19 Sm all Business Ass ista nce Program Agreement THE CITY OF PALM SPRINGS ("City") By:¥~ Justin Clifton I A-CM City Manager Approved as to Form: City Attorney AP~.:VED i3'f CW( COU NCIL t/;Pt/µc3'! Jt<J@ l 4