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Home My WebLink AboutA8742 - PILATES PLUS PALM SPRINGSContract Company Name : Company Contact: Summary of Services : Contract Price : Funding Source : Contract Term : Contract Adm inis t ration Lead Department: Contract Administrator: Contract A1;21;2rovals Council Approval Date : Agreement No : ~~1' 4~ Contract Com1;2liance Exhibits : Signatures : Insu rance : Bonds : Contract prepared by : Submitted on : 4-6-2021 CONTRACT ABSTRACT Pilates Plus Palm Springs Reynaldo Duran , 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 V irata , Director Included Inclu ded n/a n/a March 25 , 2021 0 ,., .,, C, rr, 0 .,, -I ::c fTl (""') -I -< n ' ., Community & Economic Development Department By : Jennifer Henning/Diana Shay r--.,:, = r--.,:, """O ::::0 I CJl ":-:-1 C) ("') -I -< C "Tl "'O u, -0 .:u z THE CITY OF PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM AGREEMENT This Agreement is by and between the C ity of Palm Springs ("City") and Pilates Plus Palm Springs ("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. Reynaldo Duran is the owner of the Business ("Business Owner"), located at 611 S. Palm Canyon Dr ., #14 , Palm Springs , CA. 2. Business Owner has applied to the Program and requested a loan in the amount of $10,000 ("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 "). 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 are no defaults recorded on the Business that will affect ownership of the Business . 4 . Business Owner hereby certifies (or declares) under penalty of perjury under the laws 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 COVID-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 . Business 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 th.e 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 a 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-s ixth (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 Term , the unforgiven portion of the Loan shall become due and payable immediately . COVID -19 Small Bus iness Assistance Program Agreement 1 6 . Business Owner hereby promises to repay the Loan amount of $10 ,000 by either meeting the conditions for Loan forgiveness , set forth in paragraph 5, or paying any unamortized amount to the City should the Bus iness not remain open for the full Term. 7. MISCELLANEOUS. 7 .1 Conflict of Interest. Business Owner acknowledges that no officer or employee of the Business has or shall have any direct or indirect financial interest in this Agreement nor shall Owner enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter . Owner warrants that Owner has not paid or given , and will not pay or give , any third party any money or other consideration in exchange for obtaining this Loan . 7 .2 Non-Discrimination. A. Bus iness herein covenants by and for itself, its heirs , executors , administrators and assigns and all persons claiming under or through it , and this Agreement is made and accepted upon and subject to the follow ing conditions : That there shall be no discrimination against or segregation of any person or group of persons on account of race , sex , marital status , color , creed , national origin , disability , medical condition , relig ion , sexual orientation , age or ancestry , in the leasing , subleasing , transferring , use , occupancy , tenure or enjoyment of the Premises herein , nor shall the Business itself, or any person claiming under or through it , establish or permit any such practice or practices of discriminat ion or segregation with reference to the selection , location , number, use or occupancy of Business , 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 partner status , 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 will receive consideration for employment without regard to their actual or perceived race , color , religion, ancestry , national origin, disability, medical condition , marital status , domestic partner status , sex, gender, gender identity , gender expression , or sexual orientation. D. Business shall certify that it has not , in the performance of its obligations under this Agreement , d iscriminated against applicants or employees because of their actual or perceived race , color , religion, ancestry , national origin , disability , medical condition , marital status , domestic partner status , sex , gender, gender identity , gender expression , or sexual COVID -19 Small Bu si ne ss Assis t an ce Program Agr ee m ent 2 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 confident ial 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 wh ich result from the performance of th is Agreement 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 th is Agreement it shall be requ ired or permitted that 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 wr iting 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 , 611 S . Palm Canyon Dr ., #14 , Palm Springs , CA 92262. 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 SIGNING Business and Bus iness Owner shall indemnify and hold harmless , the City of Palm Springs ("City"), the City Council , its officers , agents , employees and independent contracto rs free and ha rmless from any liability whatsoeve r based and asserted upon any act or omission of the City fo r prope rt y damage , bodily Inju ry o r death or any othe r e lement of damage of any k ind or na t ure , re lat ing to o r in any way connecte d w ith Business and Bus i ness Owner 's participat ion in the Prog ram. Business Owner certifies that the above statements are t rue and accurate to the bes t of his/her knowledge . Business Owner's application to the Program shall remain the property of the City and shall be deemed a public record for purposes of th e California Public Records Act (Government Code§ 6250 et seq .). [SIGNATURES ON NEXT PAGE] COVID -19 Sm al l Bu siness Assis t a nce Program Agr ee m ent 3 IN WITNESS WHEREOF , the parties have duly executed this Agreement on the date first set forth above . BUSINESS NAME ("Business") Reynaldo Duran , wner Pilates Plus Palm Springs COVID -19 Small Business Assistance Program Agreement THE CITY OF PALM SPRINGS ("City") By :~~~-~-- J uslfuciiflon City Manager Approved as to Form : ~ity Attorney APPROV E3Y CllY CO UNC IL ~ · ,,, 81 f\ 50.!Jl 4