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Home My WebLink AboutA8734 - BRIEN O'BRIEN SALONCONTRACT ABSTRACT Contract Company Name: Brien O'Brien Salon Company Contact: Brien O'Brien, Owner Summary of Services: COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM AGREEMENT Contract Price: $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. Funding Source: City Council appropriated $1,000,000 from General Fund Contract Term: Six (6) months Contract Administration Lead Department: Community & Economic Development Contract Administrator: Jay Virata, Director Contract Approvals Council Approval Date: Agreement No: A�rj�q Contract Compliance Exhibits: Included Signatures: Included Insurance: n/a Bonds: n/a March 11, 2021 o :. 17 "Yj r ry --� r r -•G iD Z' `J r31J CD Contract prepared by: Community & Economic Development Department Submitted on: 03-30-2021 By: Jennifer Henning/Diana Shay THE CITY OF PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM AGREEMENT This Agreement is by and between the City of Palm Springs ("City") and Brien O'Brien 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. Brien O'Brien is the owner of the Business ("Business Owner"), located at 515 N. Palm Canyon Dr., Ste. A2, 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 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 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 -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 Term, the unforgiven portion of the Loan shall become due and payable immediately. COVID-19 Small Business Assistance Program Agreement 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 Business 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. Business 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 following 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, religion, 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 discrimination 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, discriminated 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 Business Assistance Program Agreement 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 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 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 this Agreement it shall be required 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 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, 515 N. Palm Canyon Dr., Ste. A2, 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 Business Owner shall indemnify and hold harmless, the City of Palm Springs ("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 application to the Program shall remain the property of the City and shall be deemed a public record for purposes of the California Public Records Act (Government Code § 6250 et seq.). [SIGNATURES ON NEXT PAGE] COVID-19 Small Business Assistance Program Agreement IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date first set forth above. BUSINESS NAME ("Business") By: Brien O'Brien, Owner Brien O'Brien Salon THE CITY OF PALM SPRINGS ("City") By: Justin Clifton City Manager (Ti Approved as to Form: Jeffrey all ger distant City Attorney APPRO`VFD E?Y r'`rry .— . i; �hj 2 l COVID-19 Small Business Assistance Program Agreement 4