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GRANT AGREEMENT
WITH THE CITY OF POMONA
This Grant Agreement (“Agreement”) is entered into this ____ day of _________________ (“Effective Date”), by and between the City of Pomona, a California municipal corporation (“City”), and ________________________ (“Beneficiary”). Each party is at times individually referred to as a “Party” and collectively as the “Parties” herein.
RECITALS
A. On March 10, 2021, the United States Congress passed, and on March 11, 2021, President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”).
B. ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together known as the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program, which provides a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery.
C. Under ARPA, the City may provide grants to Beneficiaries to mitigate the impacts of the COVID-19 pandemic. The United States Department of the Treasury has defined Beneficiaries to include individuals and households that experienced public health or negative economic impacts as a result of the COVID-19 pandemic. The City desires to provide and the Beneficiary desires to receive grant funds from the City to help alleviate the negative economic impacts from the COVID-19 pandemic.
D. The City acknowledges that the Beneficiary has experienced a negative economic impact due to the COVID-19 public health emergency.
NOW, THEREFORE, the Parties agree as follows:
1. DISBURSEMENT OF GRANT FUNDS
1.1. The City awards to Beneficiary Grant Funds in the amount of ________________.
1.2. Grant Funds shall be disbursed by City to Beneficiary [insert description of disbursement timeline]. Prior to disbursing the Grant Funds, the Beneficiary shall provide the following to the City so that the payment may be processed:
1.2.1. Completed W-9.
1.2.2. Unique Entity Identifier (UEI) from SAM.gov (if applicable)
1.2.2. Mailing address for check payment.
2. TERM
The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect through December 31, 2026, unless the City terminates this Agreement or any portion thereof at an earlier date as provided herein.
Attachment 3
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3. BENEFICIARY CERTIFICATION
Beneficiary certifies that they experienced public health and/or negative economic impacts as a result of the COVID-19 pandemic, and that the grant funds received pursuant to this Agreement will be used exclusively to mitigate those impacts. Beneficiary further certifies the accuracy of the information, attached hereto, and provided to the City, documenting Beneficiary’s eligibility to receive grant funds under ARPA.
4. INDEMNIFICATION
In the performance of this Agreement, the Beneficiary, its agents, and employees shall act in an independent capacity and are shall not be considered officers, agents, or employees of the City.
To the fullest extent permitted by law, the Beneficiary shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death, or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to misrepresentations or omissions by the Beneficiary, the grant of Grant Funds by the City, the acceptance or expenditure of Grant Funds, the Agreement (including the negligent and/or willful acts, errors and/or omissions of the Beneficiary, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, and anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). This indemnification provision shall survive the expiration or termination of this Agreement.
5. PROHIBITION AGAINST TRANSFERS
The Beneficiary shall not assign, sublease, hypothecate, or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise, without prior written consent of the City. Any attempt to do so without written consent of the City shall be null and void. The Beneficiary shall be required to reimburse the City within thirty (30) calendar days for any unauthorized assignment, sublease, hypothecation, or transfer of funds. This prohibition against transfers shall survive the expiration or termination of this Agreement.
6. VIOLATIONS AND TERMINATION
6.1. Effect of Violations. If the City discovers that the Beneficiary has breached any part of this Agreement or made a material misrepresentation, or otherwise falsified its application or any document provided to City to support the Beneficiary’s application or a reimbursement, or the Beneficiary has misused the Grant Funds or used them for an ineligible expenditure, the Beneficiary shall return the entirety of the Grant Funds to the City within ten (10) calendar days of the City’s written notice. The City’s decision shall be final. Additionally, the City shall have all other remedies besides the remedy provided herein to enforce this Agreement and its Program.
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6.2. Termination. Notwithstanding anything to the contrary herein, the City shall have the right to terminate the Agreement immediately, with or without cause, at any time, by providing written notice to the Beneficiary. Upon termination, the City shall have no further obligation to provide any Grant Funds to the Beneficiary. The City has the sole and absolute discretion to terminate the Grant Funds or any portion thereof at any time.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below.
BENEFICIARY:
CITY OF POMONA
Date: Date:
By: By:
[END OF SIGNATURES]
Enlcosure(s):