THIS AGREEMENT is made and entered into on the date of execution written below between  the City of Albuquerque, New Mexico, a municipal corporation (hereinafter referred to as the  "City"), and the undersigned Business (hereinafter referred to as the "Business").

WHEREAS, on March 11, 2020, and thereafter, Governor Michelle Lujan Grisham and her  administration issued Executive Order 2020-004, Order Declaring a State of Public Health  Emergency relating to the spread of COVID-19 and a series of additional orders related to the  same topic; and

WHEREAS, City Council has enacted R-2020-064, establishing $125,000 to provide personal  protection and other required screening equipment (collectively referred to herein as “PPE”) to  small local businesses with 5 or fewer employees and who otherwise meet the requirements of R 2020-064; and

WHEREAS, City Council has enacted O-2020-025, establishing $1,000,000 to supplement  funding to provide PPE to small local businesses with 50 or fewer employees who otherwise meet  the requirements of O-2020-25 (R-2020-064 and O-2020-25 shall collectively be referred to herein  as “City PPE Laws”).

NOW THEREFORE, the Business agrees as follows:

ARTICLE I: GRANT DESCRIPTION AND AMOUNT.

A. Grant Description. The Grant established in the City PPE Laws to provide PPE to eligible  businesses.

B. Use of Grant. As an express condition of the receipt of PPE, the Business certifies the  following:  

1. Business will use the PPE awarded by the Grant exclusively for the purpose of  implementing the preventative measures set forth in the above-referenced City PPE Laws and  related public health orders as those laws apply to Business;
2. Business has 50 or less employees _____ or 5 or less employees including the  Owner ______ (mark which one is applicable);
3. Business is a registered business located within the Albuquerque city limits that has  employees who do not telecommute;
4. Business will only collect a single package of the PPE from one distribution  location; and
5. Business will provide the information requested about their business to the  distribution location prior to receiving the package of PPE.  

ARTICLE II. BUSINESS REPRESENTATIONS.

The Business hereby represents and warrants  the following:

A. This Agreement has been duly authorized by the Business, the person executing this  Agreement has authority to do so on behalf of Business, and, once executed by the Business, this  Agreement shall constitute a binding obligation of the Business, enforceable according to its terms.

B. The Business is in compliance with the City’s business registration requirements.

C. The Business will comply with all applicable federal and state laws, rules and regulations.

ARTICLE III. AUDITS AND INSPECTIONS/INSPECTOR GENERAL ORDINANCES.

Business understands and will comply with the City’s Accountability in Government Ordinance,  §2-10-1 et seq. and Inspector General Ordinance, §2-17-1 et seq. R.O.A. 1994, and also agrees to  provide requested information and records and appear as a witness in hearings for City’s Board of  Ethics and Campaign Practices pursuant to Article XII, Section 8 of the Albuquerque City Charter.

ARTICLE IV. LIABILITY.

The City shall not be responsible for liability incurred as a result of  the Business's acts or omissions in connection with this Agreement. The Business releases the  City from all claims, causes of action or other liability to the City in connection with this  Agreement. Any liability by the City to third parties in connection with this Agreement is subject  to immunities and limitations of the New Mexico Tort Claims Act, §§ 41-4-1 et. seq. NMSA 1978.

ARTICLE V. DISCLOSURE OF CONFIDENTIAL INFORMATION.

The Business understands  that the City is a governmental entity and subject to the New Mexico Inspection of Public Records  Act (Sections 14-2-1 et seq. NMSA 1978). Notwithstanding anything contained herein to the  contrary, the City shall have no liability for disclosure of information submitted by Business if the  City determines that it is obligated to disclose such information under the Inspection of Public Records Act or if disclosure is made for any other lawful purpose.

ARTICLE VI. CONFLICT OF INTEREST.

No officer, agent or employee of the Business will  participate in any decision relating to this Agreement which affects that person's financial interest,  the financial interest of his or her spouse or minor child or the financial interest of any business in  which he or she has a direct or indirect financial interest that is prohibited by the City’s charter or  other conflict of interest laws or other applicable laws.

ARTICLE VII. APPROPRIATIONS.

Notwithstanding any provisions in this Agreement, the City’s performance of this Agreement is contingent upon the City Council of the City of  Albuquerque making the appropriations necessary for the performance of this Agreement. If  sufficient appropriations and authorizations are not made, this Agreement may be terminated upon  written notice given by the City to the Business. All obligations of the City and all of its interest  in this Agreement will cease upon termination of this Agreement. The City’s decision as to whether  sufficient appropriations are available shall be accepted by the Business and shall be final.

ARTICLE VIII. ELECTRONIC SIGNATURE.

The Business agrees that this agreement may be  electronically signed and that the electronic signatures appearing on the agreement are the same as  handwritten signatures for the purposes of validity, enforceability, and admissibility.