Pho Asia Noodle House 11/30/2020

C. Payment and Documentation of Eligible Expenses It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed Ten Thousand dollars($10,000.00).The Grantee shall be paid in full upon execution of this Grant Agreement, provided, however,that the Grantee shall provide proof of payment and supporting documentation of eligible expenses/invoices for items detailed in the aforementioned approved scope of work on Exhibit B,"Expense Reporting Form." D. Performance Reporting Expense Reporting Forms are due until the grant amount has been exhausted or until the end of the grant performance period.Supporting documentation shall include,but not be limited to images of canceled checks, bank statements,copies of payroll, receipts for rent or inventory.The Grantee shall return any unused grant funds to the City no later than 30 days following the end of the performance period.The Grantee agrees to track outcome performance measures as required by the City. The Grantee will report the outcomes to the City on the following schedule: Performance Period Report Due August 1, 2020 to December,2020 January 15,2021 January 1,2021 to July 31, 2021 August 15,2021 Reporting forms must be in the format acceptable to the City of Everett. Exhibit B shall be used for all reporting requirements under this agreement. IV. MATERIALLY FALSE OR MISLEADING INFORMATION The Grantor reserves the right to seek any remedies which Grantor may have by law, including the return of any Grant funds disbursed, if any representation, warranty or disclosure made to Grantor by Grantee,or contained in any information submitted by Grantee to Grantor or to any government agency in connection with the Grant,proves to be materially false or misleading as of the date when made or reaffirmed, whether or not such representation or disclosure appears in this Agreement. V. MISCELLANEOUS A. Insurance&Bonding Public Liability and Property Damage: The Grantee shall maintain during the life of this Contract public liability and property damage insurance covering the Grantee's services hereunder in the sum of not less than one million dollars ($1,000,000)combined single limits bodily injury/property damage. Insurance shall cover work done by the Grantee or subcontractors and shall protect,as additional insured,the City from suits or claims for damages arising from operations under this Agreement or actions of the Grantee,subcontractors, and employees either direct or indirect unless waived by the City's Community Development Director or designee. Grantee shall provide the City with a certificate of insurance in a form acceptable to the City Attorney and, by endorsement, naming the City, its officers,employees and agents as additional insured prior to performing any services pursuant to this agreement. The Grantee shall carry sufficient insurance coverage to protect contract assets from loss due to theft,fraud and/or undue physical damage,and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. B. Time Time is of the essence of all provisions of this Agreement. C. Entire Agreement/Modifications This Agreement constitutes the entire agreement of the parties hereto with respect to the Grant and supersedes any prior agreements or understandings, written or oral,with respect to the Grant.Grantee is not relying upon any promises, representations or understandings, written or oral, in entering into the Agreement, other than as expressly set forth in the Agreement. Either party may request modifications in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications,which are mutually agreed upon,shall be incorporated by written amendment to this contract signed by both parties. The City and Business agree that this Agreement shall be modified if necessary to achieve compliance with HUD requirements. D. Headings The article and section headings in no way define, limit,extend or interpret the scope of this Agreement or of any 3