State Of Oregon ~ AG210001 ~ COVID-19 Emergency Business Assistance Program Forgivable Loan Contract COVID-19 EMERGENCY BUSINESS ASSISTANCE PROGRAM
FORGIVABLE LOAN CONTRACT
OBDD Contract Number C2020381
This forgivable loan agreement("Contract"), dated as of the date the Contract is fully executed, is
between the State of Oregon, acting through its Business Development Department ("OBDD") and the
City of Tigard("Recipient") for capitalizing a COVID-19 Emergency Business Assistance Program
sponsored by Recipient and described in Exhibit A("Program"). This Contract becomes effective only
when fully signed and approved as required by applicable law. Unless extended or terminated earlier in
accordance with its terms, this Contract shall expire 45 days after the Program Completion Deadline.
Contract termination shall not extinguish or prejudice OBBD's right to enforce this Contract with
respect to any default by Recipient that has not been cured.
This Contract includes Exhibit A-Program Description and Requirements and Exhibit B -FEDERAL
AWARD IDENTIFICATION (Required by 2 CFR 200.331(a)).
OBDD is authorized to enter into Loan agreements and make Loans from the Oregon Business,
Innovation and Trade Fund established in ORS 285A.227, including this Contract.
SECTION 1 -FUNDING ASSISTANCE
The OBDD shall provide Recipient, and Recipient shall accept from OBDD, a forgivable loan (the
"Loan") in an aggregate amount not to exceed$194,500.
SECTION 2-DISBURSEMENT
A. Full Disbursement. Upon execution of this Contract and satisfaction of all conditions precedent,
OBDD shall disburse the full Loan to Recipient.
B. Conditions Precedent to Disbursement. The OBDD's obligations are subject to the receipt of the
following items, in form and substance satisfactory to OBDD and its attorneys:
(1) This Contract duly signed by an authorized officer of Recipient; and
(2) Such other certificates, documents, opinions and information as OBDD may reasonably
require.
(3) Documentation satisfactory to OBDD that, in addition to the Loan, Recipient has available or
has obtained binding commitments for all funds necessary to complete the Program, including
matching funds in at least a 1:1 ratio.
OBDD has no obligation unless it has appropriations, limitations, allotments or other expenditure
authority sufficient to allow OBDD, in the exercise of its reasonable administrative discretion, to
disburse funds in accordance with the terms of this Contract, and notwithstanding anything in the
Contract, occurrence of such contingency does not constitute a default. Upon occurrence of such
contingency, OBDD has no further obligation to disburse funds to Recipient.
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SECTION 3—USE OF LOAN; CARES ACT REQUIREMENTS
The Recipient shall use the Loan only for the activities described in Exhibit A. The Recipient may not
use the Loan to cover costs scheduled to be paid for by other financing for the Program from another
State of Oregon agency or any third party, or to retire any Recipient debt.
Recipient shall ensure that the project and all expenditures comply with Section 5001 of the federal
CARES Act, through the Coronavirus Relief Fund, which is the source of funds for this Loan, and
comply with any plementation guidance from the U.S. Department of the TreasurX. Section 601(d) of
the Social Security Act, as added by section 5001 of the CARES Act, requires that Recipient use the
Loan to provide small business assistance grants to cover only those costs that(1) are necessary
expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019
(COVID-19); (2) were not accounted for in its budget most recently approved as of 27 March 2020; and
(3)were or are incurred during the period that begins on I March 2020, and ends on 30 December 2020_
Recipient must ensure that any distribution or payment of the federal funds paid under this Contract, by
means of any grant, subgrant, contract or other agreement between Recipient and another party includes
the requirement that such funds must be used solely in a manner that complies with the provisions of the
CARES Act.
Any Loan funds disbursed to Recipient that are not used according to this Contract or that remain after
the Project is completed, this Contract is terminated or after the Program Completion Deadline, shall be
immediately returned to OBDD,unless otherwise directed by OBDD.
SECTION 4-LOAN REPAYMENT;LOAN FORGIVENESS
A. Promise to Pay. The Recipient shall repay the Loan and all amounts due under this Contract in
accordance with its terms. The obligation of Recipient to make all payments is absolute and
unconditional. Payments will not be abated, rebated, set-off, reduced, abrogated, terminated, waived,
postponed or otherwise modified in any manner whatsoever. Payments cannot remain unpaid,
regardless of any contingency, act of God, event or cause whatsoever, including (without limitation)
any acts or circumstances that may constitute failure of consideration, eviction or constructive
eviction, the taking by eminent domain or destruction of or damage to the Program, commercial
frustration of purpose, any change in the laws, rules or regulations of the United States of America
or of the State of Oregon or any political subdivision or governmental authority, nor any failure of
OBDD to perform any agreement, whether express or implied, or any duty, liability, or obligation
arising out of or connected with the Program or this Contract, or any rights of set off, recoupment,
abatement or counterclaim that Recipient might otherwise have against OBDD or any other party or
parties; provided further, that payments hereunder will not constitute a waiver of any such rights.
B. No Interest. The Loan bears no interest.
C. Loan Forgiveness. OBDD shall forgive repayment and cancel the Loan by notice to Recipient, as
soon as it determines that all of the following conditions are met:
(1) Recipient has completed the Program no later than the Program Completion Deadline, which
date is 45 days after receipt of the Loan proceeds, unless otherwise allowed by OBDD in
writing.
(2) No Event of Default has occurred and continues.
(3) No later than 30 days after the Program Completion Deadline, Recipient submits the reporting
required in Exhibit A, in form and substance satisfactory to OBDD.
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D. Partial Loan Forgiveness; Repayment of Unforgiven Loan. If Recipient is unable to award grants to
businesses (including matching funds) as required by this Contract, equal to the full amount of the
Loan, OBDD will forgive that portion of the Loan meeting all the conditions in Subsection C above
and notify Recipient in writing. Recipient shall pay all unforgiven Loan principal to OBDD not later
than 30 days after receiving notice of partial forgiveness, unless otherwise provided by OBDD in
writing.
SECTION 5—COVENANTS OF RECIPIENT
The Recipient covenants as follows:
A. Notice of Adverse Change. The Recipient shall promptly notify OBDD of any adverse change in the
activities, prospects or condition (financial or otherwise) of Recipient or the Program related to the
ability of Recipient to make all payments and perform all obligations required by this Contract.
B. Internal Controls; Monitoring of Subrecipients. Recipient must have a system of internal controls in
accordance with 2 CFR §200.303, and must implement the requirements of 2 CFR §§ 200.330
through 200.332 regarding Monitoring and Management of any subrecipients.
C. Federal Audit Requirements. The Loan is federal financial assistance, and the Catalog of Federal
Domestic Assistance ("CFDA")number is 21.019. Recipient is a sub-recipient.
(1) If Recipient receives federal funds in excess of$750,000 in the Recipient's fiscal year, it is
subject to audit conducted in accordance with the provisions of 2 CFR part 200, subpart F.
Recipient, if subject to this requirement, shall at its own expense submit to OBDD a copy of, or
electronic link to, its annual audit subject to this requirement covering the funds expended
under this Contract and shall submit or cause to be submitted to OBDD the annual audit of any
subrecipient(s), contractor(s), or subcontractor(s) of Recipient responsible for the financial
management of funds received under this Contract.
(2) Audit costs for audits not required in accordance with 2 CFR part 200, subpart F are
unallowable. If Recipient did not expend $750,000 or more in Federal funds in its fiscal year,
but contracted with a certified public accountant to perform an audit, costs for performance of
that audit shall not be charged to the funds received under this Contract.
(3) Recipient shall save,protect and hold harmless OBDD from the cost of any audits or special
investigations performed by the Federal awarding agency or any federal agency with respect to
the funds expended under this Contract. Recipient acknowledges and agrees that any audit
costs incurred by Recipient as a result of allegations of fraud, waste or abuse are ineligible for
reimbursement under this or any other agreement between Recipient and the State of Oregon.
D. System for Award Management.- Recipient must comply with applicable requirements regarding the
federal System for Award Management(SAM), currently accessible at https://www.sam.gov. This
includes applicable requirements regarding registration with SAM, as well as maintaining current
information in SAM. Recipient also must comply with applicable restrictions on subawards
("subgrants")to subsequent tier subrecipients.
E. Employee Whistleblower Protection. Recipient must comply, and ensure the compliance by
subcontractors or subgrantees, with 41 U.S.C. 4712, Program for Enhancement of Employee
Whistleblower Protection. Recipient must inform subrecipients, contractors and employees, in
writing, in the predominant language of the workforce, of the employee whistleblower rights and
protections under 41 USC § 4712.
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F. Federal Funds. OBDD's payments to Recipient under this Forgivable Loan will be paid by funds
received by OBDD from the United States Federal Government. Recipient, by signing this Contract,
certifies neither it nor its employees, contractors, subcontractors or subrecipients who will perform
the Project activities are currently employed by an agency or department of the federal government.
G. Records Retention. Recipient will cooperate with OBDD to provide all necessary financial
information and records to comply with CARES Act reporting requirements. Recipient will keep
proper books of account and records on all activities associated with the Loan, including,but not
limited to grant awards and payments, instruments, agreements and other supporting financial
records documenting the use of the Loan, including all grant applications and supplemental
documentation provided by business applicants. Recipient will maintain these books of account and
records in accordance with generally accepted accounting principles and will retain these books of
account and records from the later of the date of this Contract until five years after the Program
Completion Deadline or the date that all disputes, if any, arising under this Contract have been
resolved.
H. Inspection. The Recipient shall permit OBDD, and any party designated by OBDD, the Oregon
Secretary of State's Office, the federal government and their duly authorized representatives, at any
reasonable time, to inspect and make copies of any accounts, books and records related to the
Program. The Recipient shall supply any Program-related information as OBDD may reasonably
require.
I. Notice of Event of Default. The Recipient shall give OBDD prompt written notice of any Event of
Default, or any circumstance that with notice or the lapse of time, or both, may become an Event of
Default, as soon as Recipient becomes aware of its existence or reasonably believes an Event of
Default is likely.
J. Indemnity. To the extent authorized by law, Recipient shall defend(subject to ORS chapter 180),
indemnify, save and hold harmless OBDD and its officers, employees and agents from and against
any and all claims, suits, actions, proceedings, losses, damages, liability and court awards including
costs, expenses, and attorneys' fees incurred related to any actual or alleged act or omission by
Recipient, or its employees, agents or contractors, that is related to this Program.
SECTION 6-REPRESENTATIONS AND WARRANTIES OF RECIPIENT
The Recipient represents and warrants to OBDD:
A. Organization and Authority.
(1) The Recipient is a municipality, validly organized and existing under the laws of the State of
Oregon.
(2) The Recipient has all necessary right, power and authority under its organizational documents
and applicable Oregon law to (a) execute and deliver this Contract, (b) incur and perform its
obligations under this Contract, and(c)receive funding for the Program.
(3) This Contract has been authorized by an ordinance, order or resolution of Recipient's
governing body if required by its organizational documents or applicable law.
(4) This Contract has been duly executed by Recipient, and when executed by OBDD, is legal,
valid and binding, and enforceable in accordance with their terms.
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B. Full Disclosure. The Recipient has disclosed in writing to OBDD all facts that materially adversely
affect the Program, or the ability of Recipient to perform all obligations required by this Contract.
The Recipient has made no false statements of fact, nor has it omitted information necessary to
prevent any statements from being misleading. The information contained in this Contract, including
Exhibit A, is true and accurate in all respects.
C. Pending Liti ag tion. The Recipient has disclosed in writing to OBDD all proceedings pending (or to
the knowledge of Recipient, threatened) against or affecting Recipient, in any court or before any
governmental authority or arbitration board or tribunal, that, if adversely determined, would
materially adversely affect the Program or the ability of Recipient to perform all obligations required
by this Contract.
D. Governmental Consent. The Recipient has obtained or will obtain all approvals, notifications,
declarations, filings or registrations, required for the making and performance of its obligations
under this Contract and the undertaking and completion of the Program.
SECTION 7-DEFAULT
Any of the following constitutes an "Event of Default":
A. Payment Failure. The Recipient fails to make any Loan payment when due.
B. Misleading Statement. Any material false or misleading representation is made by or on behalf of
Recipient, in this Contract or in any document provided by Recipient related to this Loan or the
Program.
C. The Recipient fails to perform any obligation required under this Contract, other than those referred
to in subsections A through B of this section, and that failure continues for a period of 30 calendar
days after written notice specifying such failure is given to Recipient by OBDD. OBDD may agree
in writing to an extension of time if it determines Recipient instituted and has diligently pursued
corrective action.
SECTION 8-REMEDIES
Upon the occurrence of an Event of Default, OBDD may pursue any remedies available under this
Contract, at law or in equity. Such remedies include, but are not limited to, termination of OBDD's
obligations to make the Loan or further disbursements, return of all or a portion of the Loan amount, and
declaration of ineligibility for the receipt of future awards from OBDD. OBDD may also recover all or a
portion of the outstanding balance due under the Loan from Recipient by deducting the amount from any
payment due to Recipient from the State of Oregon under any other contract or agreement, present or
future,unless prohibited by state or federal law. If, as a result of an Event of Default, OBDD demands
return of all or a portion of the Loan amount, Recipient shall pay the amount upon OBDD's demand.
OBDD reserves the right to turn over any unpaid debt from this Contract to the Oregon Department of
Revenue or a collection agency and may publicly report any delinquency or default. The remedies are
cumulative and not exclusive of any remedies provided by law.
In the event OBDD defaults on any obligation in this Contract, Recipient's remedy will be limited to
injunction, special action, action for specific performance, or other available equitable remedy for
performance of OBDD's obligations.
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SECTION 9-TERMINATION
In addition to terminating this Contract upon an Event of Default as provided in Section 8, OBDD may
terminate this Contract with notice to Recipient under any of the following circumstances:
A. The Oregon Department of Administrative Services notifies OBDD of an anticipated shortfall in
available revenues.
B. OBDD fails to receive sufficient funding, appropriations or other expenditure authorizations to allow
OBDD, in its reasonable discretion, to continue making payments under this Contract.
C. There is a change in federal or state laws, rules, regulations or guidelines so that the Program funded
by this Contract is no longer eligible for funding.
This Contract may be terminated at any time by mutual written consent of the parties.
SECTION 10—MISCELLANEOUS
A. No Implied Waiver. No failure or delay on the part of OBDD to exercise any right,power, or
privilege under this Contract will operate as a waiver thereof, nor will any single or partial exercise
of any right,power, or privilege under this Contract preclude any other or further exercise thereof or
the exercise of any other such right,power, or privilege.
B. Choice of Law; Designation of Forum; Federal Forum. The laws of the State of Oregon (without
giving effect to its conflicts of law principles) govern all matters arising out of or relating to this
Contract, including, without limitation, its validity, interpretation, construction,performance, and
enforcement.
Any party bringing a legal action or proceeding against any other party arising out of or relating to
this Contract shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for
Marion County(unless Oregon law requires that it be brought and conducted in another county).
Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to
venue, and waives any claim that such forum is an inconvenient forum.
Notwithstanding the prior paragraph, if a claim must be brought in a federal forum, then it must be
brought and adjudicated solely and exclusively within the United States District Court for the
District of Oregon. This paragraph applies to a claim brought against the State of Oregon only to the
extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not
consent by the State of Oregon to be sued in federal court. This paragraph is also not a waiver by the
State of Oregon of any form of defense or immunity, including but not limited to sovereign
immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.
C. Notices and Communication. Except as otherwise expressly provided in this Contract, any
communication between the parties or notices required or permitted must be given in writing by
personal delivery, email, or by mailing the same,postage prepaid, to Recipient or OBDD at the
addresses listed in Exhibit A, or to such other persons or addresses that either party may
subsequently indicate pursuant to this Section.
Any communication or notice by personal delivery will be deemed effective when actually delivered
to the addressee. Any communication or notice so addressed and mailed will be deemed to be
received and effective five (5) days after mailing. Any communication or notice given by email
becomes effective 1)upon the sender's receipt of confirmation generated by the recipient's email
system that the notice has been received by the recipient's email system or 2) the recipient's
confirmation of receipt, whichever is earlier. Notwithstanding this provision, the following notices
may not be given by email: notice of default or notice of termination.
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D. Amendments. This Contract may not be altered, modified, supplemented, or amended in any manner
except by written instrument signed by both parties.
E. Severability. If any provision of this Contract will be held invalid or unenforceable by any court of
competent jurisdiction, such holding will not invalidate or render unenforceable any other provision.
F. Successors and Assigns. This Contract will be binding upon and inure to the benefit of OBDD,
Recipient, and their respective successors and assigns, except that Recipient may not assign or
transfer its rights, obligations or any interest without the prior written consent of OBDD.
G. Counterparts. This Contract may be signed in several counterparts, each of which is an original and
all of which constitute one and the same instrument.
H. Integration. This Contract(including all exhibits, schedules or attachments) constitute the entire
agreement between the parties on the subject matter. There are no unspecified understandings,
agreements or representations, oral or written, regarding this Contract.
L No Third Party Beneficiaries. OBDD and Recipient are the only parties to this Contract and are the
only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives or provides,
or is intended to give or provide, to third persons any benefit or right not held by or made generally
available to the public, whether directly, indirectly or otherwise, unless such third persons are
individually identified by name herein and expressly described as intended beneficiaries of the terms
of this Contract.
J. Survival. All provisions of this Contract that by their terms are intended to survive shall survive
termination of this Contract.
K. Time is of the Essence. Recipient agrees that time is of the essence under this Contract.
L. Attorney. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act,
the prevailing party in any dispute arising from this Contract will be entitled to recover from the
other its reasonable attorney fees and costs and expenses at trial, in a bankruptcy, receivership or
similar proceeding, and on appeal. Reasonable attorney fees shall not exceed the rate charged to
OBDD by its attorneys.
M. Public Records. OBDD's obligations under this Contract are subject to the Oregon Public Records
Laws.
SIGNATURE PAGE FOLLOWS
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The Recipient, by its signature below, acknowledges that it has read this Contract, understands it, and
agrees to be bound by its terms and conditions.
F
r- • "per; o
g.
STATE OF OREGON CITY OF TIGARD
acting by and through its
Business Development Department
Chris Digitally signed by Chris
Cummings
BC u m m i n S Date:2020.09 10
y: g 06:46:14-07'00' By:
Chris Cummings, Interim Director Marty Wine, City Manager
Date: Date: 8/31/2020
APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047:
/s/Wendy Johnson per email dated 30 July 2020
Wendy Johnson, Senior Assistant Attorney General
Received 8/4/2020
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EXHIBIT A—PROGRAM DESCRIPTION AND REQUIREMENTS
OBDD Recipient
State of Oregon, acting by and through its City of Tigard
Business Development Department,
775 Summer Street NE Suite 200 13125 SW Hall Blvd
Salem OR 97301-1280 Tigard OR 97223
Contract Administrator: Becky Bryant Contact: Dylan Dekay-Bemis, Economic
Development Coordinator
Telephone: 541-297-3682 Telephone: 503-718-2560
Email: becky.a.bryant@oregon.gov Email: dylanb@tigard-or.gov
Program Requirements
Recipient will operate a COVID-19 Emergency Business Assistance Fund that provides grants to
individual businesses affected by the COVID-19 epidemic, as described below. Recipient will provide
its own funds for the Program to match the Loan amount, in at least a 1:1 ratio.
Eligible Business Applicants
1. Businesses must be adversely affected economically in either one of the following two categories:
• Those for-profit and non-profit(limited to 501(c)(3) corporations)businesses that were
prohibited from operation as directed by the Governor of Oregon's Executive Order No. 20-12.
• Those for-profit businesses that can demonstrate a one month decline in sales due to the COVID-
19 epidemic of 50% or more in one of the months of March, April, May, June, July or August
2020 as compared against sales in the month of January 2020 or February 2020, or for
companies with cyclical or seasonal sales, compared with the comparable month in 2019. Those
501(c)(3) non-profit businesses that can demonstrate a decline in revenue due to the COVID-19
epidemic of 50% or more in one of the months of March, April, May, June, July or August 2020
as compared against revenue in the month of January 2020 or February, or for non-profits with
cyclical or seasonal revenues, the comparable month in 2019.
2. Businesses must have 25 or fewer employees.
Ineligible Business Applicants
Ineligible applicants include the following categories of businesses:
1. Passive real estate holding companies and others holding passive investments.
2. Non-profit entities that do not have federal 501(c)(3) status.
3. Businesses that fail to certify they are not delinquent on federal, state or local taxes that were due
before the date of application.
4. Businesses that do not certify they are in compliance and will comply with all federal, state and local
laws and regulations.
5. Businesses not headquartered and with principal operations in Oregon.
6. Businesses not registered to do business in Oregon (Secretary of State Business Registry
verification) if such registration is required.
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7. Performing arts venues and cultural or arts organizations that receive funds under the statewide
Business and Cultural Support program established by the 14 July 2020 Legislative Emergency
Board. (Recipient must notify any applicants that are performing arts venues and cultural
organizations about this exclusion. Should such an applicant wish to apply under this program and
waive their ability to apply under the Business and Cultural Support program, contact OBDD for
direction.)
Program Access
It is intended that these funds are equally accessible to all Oregonians, so Recipient will conduct a robust
marketing program that reaches out locally to businesses owned by members of historically
disadvantaged population groups (including but not limited to Asian, Black, Hispanic,Native American,
and Women Owned Businesses) at least to the extent described in its proposal to OBDD, and Recipient
must:
■ Utilize program marketing materials and application materials provided by OBDD and made
available in languages that are representative of the local population.
■ Conduct a stepped marketing program that reaches out and markets to members of historically
disadvantaged population groups in advance of marketing to the general public.
Business Applications and Support Documentation
In general, Recipient will, applying its best judgment in individual cases, ensure that businesses:
■ Document the federal assistance amount they have received as of the date of application from the
Small Business Administration's Paycheck Protection Program (PPP); Economic Injury Disaster
Loan Emergency Advance program(EIDL); or other federal programs for emergency pandemic
funding. (Awards must be reduced by the amounts received from those programs.)
■ Self-certify that their business incurred COVID-pandemic impacts between 1 March 2020 and
30 December 2020 (CARES Act funding restriction).
■ Demonstrate:
o That they were prohibited from operation as directed by Executive Order No. 20-12; or
o That the for-profit business had a one month decline in revenue decrease of 50% or more due to
the COVID-19 pandemic in the month of March, April, May, June, July or August 2020, as
compared against the sales or revenues of January or February, or for companies with cyclical or
seasonal sales, compared with the comparable month in 2019, or a non-profit business had a
revenue decline of 50% or more due to the COVID-19 pandemic in one of the months of March,
April, May, June, July or August 2020 as compared against revenue in the month of
January 2020 or February 2020, or for non-profits with cyclical or seasonal revenues, the
comparable month in 2019.
■ Demonstrate they are headquartered and have principal operations in Oregon.
■ Self-certify they are not subject to any of the ineligibility criteria.
■ Self-certify that the business and its operations are, and will, remain compliant with all local, state
and federal laws.
■ Provide business, financial and ownership information sufficient to determine and verify eligibility
(including whether or not business is owned by a Sole Proprietor).
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Recipient will use a standard Grant Application Form for businesses, including a statement that
applicant agrees that the State may pursue collection efforts for fraudulent or ineligible grant awards, as
supplied by OBDD in multiple languages.
Grant Award Amounts
Awards to eligible businesses will be made as a grant. The amount of the grant will be the greater of two
figures, subject to an applicant's ability and choice to provide documentation to support the second
figure: the first based on the number of employees before the COVID-19 crisis (as of
29 February 2020); or the second based on the documented amount of fixed operating expenses for the
60 day period of I January through 29 February 2020. Regardless of the basis used for the calculation,
the applicant must certify that their COVID-pandemic impacts were incurred between 1 March 2020 and
30 December 2020. The eligible award amounts are as follows:
■ 0-5 employees
o $2,500, or
0 60-day fixed expenses up to a maximum of$5,000.
■ 6-10 employees
o $5,000, or
0 60-day fixed expenses up to a maximum of$10,000.
■ 11-15 employees
o $7,500, or
0 60-day fixed expenses up to a maximum of$15,000.
■ 16-20 employees
o $10,000, or
0 60-day fixed expenses up to a maximum of$20,000.
■ 20-25 employees
o $12,500, or
0 60-day fixed expenses up to a maximum of$25,000.
Not less than 50% of all Recipient's awards must be made to Sole Proprietor owners (with or
without other employees).
Grant Award Amount Reductions
Recipient will reduce any grant award amount by any amount applicant has received from federal
CARES Act funds or other federal funds including: Small Business Administration's Paycheck
Protection Program (PPP); Economic Injury Disaster Loan Emergency Advance program (EIDL); and
other federal programs for emergency pandemic funding.
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Review of Applications
Recipient must confirm that all information and certifications provided by business applicants meet all
Program requirements, including but not limited to:
■ Demonstrate:
o That the business applicant was prohibited from operation as directed by Executive Order No.
20-12; or
o That the business applicant had a sales decrease of 50% or more due to the COVID-19 pandemic
in the month of March, April, May, June, July or August 2020, as compared against the sales in
January or February 2020, or for companies with cyclical or seasonal sales, compared with the
comparable month in 2019. For a non-profit business, a 50% or more decline of revenue due to
the COVID-19 pandemic in one of the months of March, April, May, June, July or August 2020
as compared against revenue in the month of January 2020 or February 2020, or for non-profits
with cyclical or seasonal revenues, the comparable month in 2019.
■ Demonstrate that the business applicant is headquartered and with principal operations in Oregon.
■ Provide sufficient documentation of employee head count.
Reporting of Awards
To assist in preventing multiple grants to any business, Recipient must send notification of every award
to the OBDD Contract Administrator no later than 24 hours after making the award decision, utilizing a
Pre-award report form provided by OBDD.
Within 30 days of fully deploying the Loan, or 30 days after the Program Completion Deadline,
whichever occurs first, Recipient will deliver a final report on the Program and information on the grant
recipients on a form provided by OBDD, which will include but is not limited to:
■ Number of applications received
■ A listing of the direct costs incurred in the administration of the Program (payroll, marketing, et
cetera)
■ Number of awards made
o Awards by#, $ and % of allocation by voluntary reported demographic information
o Awards by#, $, and% of allocation by regions as defined by OBDD (i.e., Central, Coastal,
Eastern, Portland, Southern, and Valley)
o Award by#, $, and% of allocation by company size/number of employees (0-5, 6-10, et cetera)
o Award by#, $ and% of allocation to sole proprietors
o Total amount of Recipient's matching funds applied to awards made under the Program, by
$ and%match to the Loan.
■ Individual business grant recipient data
o Name of company
o Employer Identification Number(EIN)
o Oregon Business Identification Number(BIN)
o Address of company
o NAICS industry code
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o Amount of award
o Federal award amounts received, listed by program
o Amount of Emergency Small Business Assistance Program award received in earlier rounds
o Legal business entity type
o #of employees as of 29 February 2020
o Reported# of jobs retained due to the award
o For owners of businesses:
■ First and last name
■ Percentage of ownership
■ Demographics as reported in a demographic questionnaire for all owners with 20% or more
ownership.
■ A certification by Recipient that no Loan proceeds were used to retire any of Recipient's debt.
■ Any other additional information if requested by OBDD as necessary for CARES Act compliance.
Tax Responsibility
Recipient is responsible for all federal or state taxes applicable to any portion of the Loan that is
forgiven. Recipient is responsible to administer all federal or state tax requirements applicable to grant
awards, including delivery of IRS Form 1099-G to grant recipients.
Program Completion Deadline
Recipient must complete grant awards to eligible businesses no later than the Program Completion
Deadline, which date is 45 days after receipt of the Loan proceeds, unless otherwise allowed by OBDD
in writing. If Recipient is unable to complete grant awards to businesses (including matching funds) in
its aggregate Loan amount by the Program Completion Deadline, Recipient shall return all unforgiven
Loan principal to OBDD as provided by Section 4 of the Contract.
C2020381 Tigard Contract.dou Page 13 of 14
EXHIBIT B—FEDERAL AWARD IDENTIFICATION(REQUIRED BY 2 CFR 200.331(A))
(i) Recipient Name*: (must match DUNS registration) TIGARD, CITY OF
(ii) Recipient's DUNS number: 08-010-5646
(iii) Federal Award Identification Number(FAIN): N/A
(iv) Federal award date: (date of award to DAS by federal 27 March 2020
agency)
(v) Grant period of performance start and end dates: Start: I March 2020
End: 30 December 2020
(vi) Total amount of federal funds obligated by this Grant: $194,500
(vii) **Total amount of federal award committed to
Recipient by Agency: (amount of federal funds from $194,500
this FAIN committed to Recipient)
(viii) Federal award project description: Coronavirus Relief Fund
(ix) Federal awarding agency: U.S. Department of the Treasury
(x) Name of pass-through entity: Oregon Business Development
Department
George Naughton, D.A.S. Chief
(xi) Contact information for awarding official of pass- Financial Officer
through entity: 155 Cottage Street NE
Salem OR 97301
CoronavirusReliefFund@Oregon.gov
Number: 21.019
(xii) CFDA number, name, and amount: Name: Coronavirus Relief Fund
Amount: $1,388,506,837.10
(xiii) Is award research and development? Yes ❑No ❑x
Not allowed per U.S. Treasury
(xiv) Indirect cost rate: guidance
(xv) Is the 10% de minimis rate being used per §200.414? Yes ❑
No ❑x
* For the purposes of this Exhibit B, "Subrecipient"refers to Recipient and "pass-through entity"
refers to OBDD
** The total amount of federal funds obligated to the Subrecipient by the pass-through entity is the
total amount of federal funds obligated to the Subrecipient by the pass-through entity during the
current state fiscal year.
C2020381 Tigard Contract.dou Page 14 of 14
OF
- O
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re e 9
A
1859
January 29,2021
Marty Wine,City Manager
City of Tigard
c/o Llody Purdy
lloydp@tigard-or-gov
13125 SW Hall Blvd
Tigard,OR 97223
RE: Project Closeout for Small Business Emergency Relief Fund, City of Tigard, Project
Number C2020381,Award Amount$194,500
Dear Mr.Wine:
We have determined that the project is complete and the terms and conditions of the
contract have been satisfied. Our records indicate that $32,756.64 was returned as part of
your final close out report.This letter signifies receipt of the returned funds and acceptance
of your close out report for funds expended. Principal Forgiveness for$161,743.36 has been
applied to your loan and no further action is required.Thank you for working in partnership
with Business Oregon to assist Oregon's small business.
Should you have any questions or need further assistance,please do not hesitate to contact
your Regional Project Manager,Becky Bryant, at 541-297-3682.
Sincerely,
Melisa Drugge,Regional Development Manager
Business Oregon
c: Llody Purdy,Economic Development Manager
CONTRACT CLOSEOUT FORM
Project Number: C2020381 Program: Small Business Emergency Relief Fund
Recipient: City of Tigard
Award amount: $ 194,500.00
Certifications(please check all that are applicable)
F7Close out report reviewed and accepted as complete
Full award amount expended
If not, $ 32,756.64
Recapture amt:
Fiscal has received recaptured amount
Contract can be formally closed
Signatures
Regional Project Manager 12*69- Date: 1/8/2021
Fiscal Analyst l�y�e 4. ,Jd AOn. Date: 1/26/2021
Regional Development Manager Date: January 29, 2021
business
ore n.
Contract Closeout Form Page 1 of 1