AGR-6980.09 - OC SMART L & L - SMALL BUSINESS ASSISTANCE GRANT; COVID-19 PANDEMICA-l i o4 o I
CITY OF ORANGE
SMALL BUSINESS
ASSISTANCE PROGRAM GRANT AGREEMENT
This SMALL BUSINESS ASSISTANCE PROGRAM GRANT AGREEMENT
Grant AgreemenY') is made and entered into as of the `g.day of, 2020 ("Effective
Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and OC
SMART L & L("Recipient"), a sole proprietorship, with reference to the following:
RECITALS
WHEREAS, the novel coronavirus (COVID-19) has become a world-wide pandemic, in
which the federal, state, county and city governments, including the City of Orange, have all
declared a state of emergency; and
WHEREAS, the efforts to minimize the spread of COVID-19 have, among other things,
created for many Orange businesses the loss of income as a result of a significant reduction of
hours and operations,hindering the ability to keep up with payrolls, rents,mortgages,utility bills,
business operations and other related expenses; and
WHEREAS, the City has determined that encouraging and promoting stability among
commercial businesses and their employees is conducive to the public health and welfare of the
City; and
WHEREAS, the Community Development Block Grant program has made available to
the City,funds to be used for certain specific purposes related to small businesses and the retention
of their low- and moderate-income employees; and
WHEREAS, the City wishes to grant to Recipient, and Recipient wishes to receive said
grant funds.
NOW, THEREFORE, both the City and Recipient, in consideration of the mutual
promises, covenants and conditions contained herein and the substantial public benefits to be
derived therefrom, do hereby agree as follows:
AGREEMENT
1. Purpose of Grant. This Small Business Assistance Program Grant ("Crrant") is
awarded by the City to Recipient for the sole purpose of retaining low- and moderate-income
employees, defined as employees earning < 80% of the HUD Area Median Income during the
economic emergency caused by the COVID-19 pandemic.
2. Total Amount of Grant. The Grant awarded to Recipient shall be in the amount
of TWENTY THOUSAND DOLLARS and 00/100 ($20,000.00), payable in one lump sum, and
subject to the terms and conditions contained herein.
3. Recipient Obligations.
A. Recipient acknowledges the certifications and promises contained in the
Small Business Assistance Program Participant Certification, attached as Exhibit "A" and
incorporated herein, including acknowledgement of the federal prohibition on the receipt of
benefits, including insurance payments, totaling more than the documented losses for the
applicable period of time and the promise to repay any such excess assistance, and agrees to abide
by them during the term of this Grant Agreement.
B. Recipient shall retain those employees designated in the Grant Application
approval as low- and moderate-income for a period not less than ninety(90) days after receipt of
the Grant at the same or better rate of pay and with the same or better benefits as those existing as
of the date of this Grant Agreement.
C. Recipient shall maintain payroll records showing the date,, designated
employee's name, rate of pay, and benefits during the term of this Grant Agreement. At the
expiration of ninety (90) days after receipt of the Grant, Recipient shall submit to the City the
Certification of Compliance letter that is attached hereto as Exhibit "B" and provide the required
payroll records and any additional documentation requested by the City. City shall review said
records for compliance with the terms and conditions of this Grant Agreement.
4. Review of Pavroll Records bv Citv. After review of the Certification of
Compliance letter, the payroll records and any other documentation submitted by Recipient, City
will either:
A. Approve said records, in which case Recipient will not incur any obligation
to repay the Grant and this Grant Agreement will terminate; or
B. Disapprove said records, in which case Recipient will be obligated to repay
to City those amounts determined by City to have been not used for the intended purpose of this
Grant Agreement.
5. Reuavment of Grant. If.Recipient is required to repay all or part of the Grant,
said repayment to City shall be made according to a schedule as determined by the Gity.
6. Governing Law and Venue. This Grant Agreement shall be construed in
accordance with and governed by the laws of the State of California and Recipient agrees to submit
to the jurisdiction of California courts. Venue for any dispute arising under this Grant Agreement
shall be in Orange County, California.
7. Inte ration. This Grant Agreement constitutes the entire agreement of the parties.
No other agreement, oral or written, pertaining to the duties and obligations of each party under
this Grant Agreement shall be of any force or effect unless it is in writing and signed by both
parties.
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8. Notice. Except as otherwise provided herein, all notices required under this Grant
Agreement shall be in vriting and delivered personally, by e-mail, or by tirst class U.S. mail,
postage prepaid, to each party at the address listed belo v. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, «hichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
RECIPIENT" CITY"
OC Smart L & L City of Orange
1001 N. Main Street 300 E. Chapman Avenue
Orange, CA 92867 Oran e, CA 92866-1591
Attn.: Blanca Tepez Attn.: Aaron Schulze
Telephone:714-492-0098 Telephone: 714-744-2202
E-Mail: blanca yepezC yahoo.com E-Mail: aschulze@cityoforange.org
9. Counterparts. This Grant Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have
the same effect as original signatures.
IIeT WITNESS of this Grant Agreernent,the parties have entered into this Grant Agreement
as of th year and day first above vritten.
RECIPIEI IT" CITY"
OC SMART L& L, CITY OF ORANGE, a municipal corporation
a sole proprietarship
By;^ct By:
Printed ame:Blanca Yepe- ick Otto, City Manager
Title: Owner
By:APPROVED AS TO FORM:
Printed Name:
Title:
Mary E. Bi ning
Senior Assistant City Attorn
EX IIBIT "A"
CITY OF ORANGE
SMALL BUSINESS ASSISTANCE PROGRAM
PARTICIPANT CERTIFICATION
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City of Orangei9
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Sr al9 Business
Assistance Prograrr
APPLICATIO I PACKET
p i tio c p d b gin i I y 26, 2020
The purpose of this grant program is to assist small business owners in Orange that have been adversely
affected by COVID-19 to retain jobs that are held by their low and moderate-income workers. Funds will
be provided to assist with payroll costs for qualified small businesses that pledge to keep their low and
moderate-income employees employed for three months after receiving the grant.
Who can qualify?
1. The business is physically located in Orange, has been in the City for a minimum of one year and
is not a franchise or part of a chain of more than three locations.
2. The business is a for profit business with at least 2, but not more than 50 employees.
3. The business has gross annual revenues of at least $100,000, but no more than $5 million.
4. The business has experienced at least a 25% reduction in revenue due to COVID-19 and is
able to provide documentation showing the loss in revenue.
5. 50% of employees of the business meet low- and moderate-income requirement of <80% of the
HUD Area Median Income.
6. The business continues to operate legally during the COVID-19 crisis and the designated
employees are actively working at the business.
7. The business has not received full coverage of employee payroll from an insurance provider or
any other entity.
8. The business has had no major code violations in the last twelve months.
9. Adult businesses, massage parlors, and largely cash-based businesses are not eligible.
10. Individuals that own or have interest in more than one business may be limited to one grant total
i.e., if a person has ownership interest in three businesses, only one of those businesses may
receive a grant under this program).
How much is the grant?
The grant is to be used for payroll costs for your low- and moderate-income employees for three months
up to a maximum of$20,000.
How do I apply?
Complete the Grant Application online at www.cityoforange.org and attach all the required information
on the Document Checklist. You will receive an email advising you that your application has been
received. An incomplete application will delay the review of your application. Listed documentation is a
minimum requirement and staff may request additional documentation to determine eligibility.
If you have any questions, please email Aaron Schulze, Senior Administrative Analyst at
aschulze(r citvoforanqe.orq, or call (714) 744-2202. Funding is limited and will be disbursed on a first
come, first served basis.
Small Business Assistance Program Application
BU.SINESS.fNFORtIrIATION.,_.. . _ « . _,_ . il . . ._a._-:_:
Name of Business
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Type of Business(e.g., LLC,corporation,sole proprietorship)
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Address of Business
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Business Employer ldentification Number(EIN) Years in Business
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of Employees of Employees Meeting Low/Mod Income City Business License Number
Requirement
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INFORMATI N
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OWNER , CO-OWNIER
Name Name
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Social Security Number Contact.Phone(area code) Social Security Number Contact Phone(area code)
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Present Address(street,city,state,zip) —"c 'A . Present Address(street,city,state,zip)
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Emaii Address Email Address
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r a INCOME
5xREQUIREMENT
See Income Veri cafion Form for deta'ils on'income requirements for ehgible employees
BUSIN_ESS INCOME INFCdRMATIQN =
20191N'GOME,.2020_INCOME,(USE THE SAME MONTHS AS 2019) ;` .
Month#1 Gross Sales 2 'cJg Month #1 Gross Sales D 3 O •
Month of r Q - -- Month of QR,,,;
Month #2 Gross Sales j ., ti 3 . Month #2 Gross Sales 3b •5
Month of Manth of 1(;t.
l lease provide a bri f explanation of ttie adverse.economic-effects-CO =19-:has had orr your,business: . :
REQUIRED DOCUMENTS —SEE DOCUMENT CHECKLIST FOR DOCUMENTS ACCEPTED FOR VERIFICATION
1. Revenue statements for 2 months in 2020 verifying 25°l0 less revenue than the same months in 2019
2. Revenue statements for the same two months in 2019
2. Annual revenue statement for 2019
3. Payroll records for each qualifying employee
4. Documentation for any other CARES Act funds that you have received (PPP, EIDL...etc.)
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CERTIFICAI'IONS
1) I certify that my business has been in operation for at least one year in the City.of
Orange.
2) I certify that I currently employ a total of employees.
3) I certify that at least 50% of my current employees make less than the low- and
moderate-income requirement of<_80% of the HUD Area Median Income.
4) I certify that as a result of COVID-19, my business experienced at least a 25%
decrease in revenue for two consecutive months after January 1 st, 2020, compared
to the average revenue for the same two-month period in calendar year 2019 (or
average monthly revenue based on total 2019 sales).
5) I certify that my business did not receive full coverage of employee payroll from an
insurance provider or any other entity.
6) I certify that the total CARES ct assistance (PPP, EIDL...etc.) that my business has
received is $
7) I certify that my business is continuing to operate during the COVID-19 crisis.
8) I certify that my business will retain and pay the listed employees their salary
for a three-month period commencing on the date of receiving their
reimbursement and the employee is working at the business.
9) I certify that my business will comply with all laws and rules applicable to the
program, including City, state and federal laws.
10) I certify that I have not misrepresented the eligibility of my business for the Program.
By„signing below, I certify that the above statements ar.e true.and corr.ect to.the best of. .
my knowledge and belief. I understand that willful or fraudulent submission of a materially
false statement in connection with this certification may disqualify my business from
eligibility forthe Program benefits and may subject my business,or myselfto criminal
charges.
This certification shall be deemed executed in the City of Orange and State of California
and shall be governed and construed in accordance with the laws of the State of
California and the laws of the United States.
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Business Owner Si ature Date)
Business Owner Signature) Date)
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Cety of Orange
Small usiness A sis#ance Program
Owner Participant Certification
Business Name C' cS}j L . e 9 r'—,
Business Address d0/ // e% '1/74
In order to participate in the City of Orange Small Business Assistance Program ("Program")
and receive a grant, the City of Orange ("City") requires that you ("Recipient") and your staff,
if applicable, certify the following:
You own a small business that employs between 2 and 50 employees.
Your business is operating during the COVID-19 crisis and your qualified employees are
working at the business.
50% of your employees who are holding the jobs retained, make less than the low- and
moderate-income requirement of <80% of the H U D Area Median Income (see Income
Verification Form for details).
Your business has been in operation in Orange for at least one year.
Your business has experienced a revenue decrease of at least 25% compared to 2019,
because of the impact of COVID-19.
Your business is not a franchise and is not a chain of four or more locations.
You commit to continue operating and keep your low and moderate-income
employees employed at your business for a minimum of three months after receipt
of the grant funds.
Notwithstanding any other rights of the City under other Sections of this Certification or applicable
law, if the Recipient violates any of the terms, covenants or provisions of the Certification, or if
any representation or warranty. made by. the Recipient in this Certification or iri any document.
or application submitted in connection with this Certification or the Program shall prove false or
misleading; or if, in the sole judgment of the City, the conduct of the Recipient is such that the
interests of the City have been or are likely to be impaired or prejudiced, the City shall thereupon
have the right to terminate any grant or withhold payments due under the Frogram and/or demand
and obtain the return of payments already made which are equal to the damages the City may
have already suffered due to a breach by the Recipient. Any:such action by the City shall not give
rise to any cause of action for damages against the City.
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Small usiness Assistance Program Application
AGKNUWLEDGtV(ENT;AND CERTIFICATI N :
Acknowledgement: IM/e understand that this grant is being provided by the City of Orange based solely upon
the information that I/we have provided in this application. I/We also certify that there are no outstanding tax
liens or legal judgements against the business.
Certification: IN1le certify that the information provided in this application is true and complete to the best of
my/our knowledge as of the date set forth opposite my/our signature(s) in this application and acknowledge
my/our understanding that any intentional or negligent misrepresentation(s) of the information contained in this
application may result in civil liability and/or criminal penalties.
By signing below, I/we certify that the above statements are true and correct to the best of my/our knowledge.
I/We understand that a false statement may disqualify me/us from benefits.
Owner Si nature Date Co-Owner Signature Date
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City of Orange
Small Business Assistance Program— Document Checklist
Document WFiy we need tFiis , . Documents accepted
Signed participation Verification that the business employs between 2 and
certification 50 employees,has experienced a loss of revenue, has
a commitment to retain employees by participating in
this program, employees meet income qualifications
and has not already been fully reimbursed by
insurance for wages.
Revenue statements for pocumentation of revenue following COVI D-19 impact One or more of the following for the entire impacted period: point-of-two consecutive months in sales reports, sales reports(demonstrating fees collected or earned
2020 income), bank statements, quarterly sales tax filings, or CPA-
certified profit& loss statements for two consecutive months in 2020
Revenue statements for Comparison of typical operating revenue to verify One or more of the following for the same two months in 2019:
the same two consecutive loss of revenue as a result of COVID-19 point-of-sales reports,sales reports(demonstrating fees collected
months in 2019 or earned income), bank statements, quarterly sales tax filings, or
CPA-certified profit&loss statements for two consecutive months
in 2019
Annual revenue statements Comparison of typical operating revenue to verify One or more of the following for total 2019 sales: point-of-sales
for 2019 loss of revenue as a result of COVID-19 reports, sales reports (demonstrating fees collected or earned
income), bank statements, quarterly sales tax filings, 2019 tax
returns, CPA-certified profit & loss statements, 2019 Tax
Returns(all pages), or Federal 990
Income verification forms To determine if your employees meet the income
filled out and signed by each requirements for the program
employee)
Payroll records for each To verify employment Payroll records or cancelled checks to each employee
employee
Proof of Orange location To verify that the business is located in the City City of Orange business license number on application, signed
federal tax forms, signed copy of lease agreement, or 3 months
of operational bills
f you do not have a City business license you wil/be required to obtain
one prior to fund distribution
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EXHIBIT "B"
CERTIFICATION OF COMPLIANCE
Beneath this sheet]
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Date:
Lisa Tamburelli
Community Services Department
City of Orange
300 East Chapman Avenue
Orange, California 92866
Re: Certification of Compliance Pursuant to City of Orange Small Business
Assistance Program Grant Agreement
Dear Ms. Tamburelli:
This Certification is submitted to the City of Orange in accordance with the Small
Business Assistance Program Grant Agreement("Agreement"), and constitutes the Final
Compliance Report. The undersigned authorized representative(s) of OC SMART L & L,
hereby certifies(y) each of the following statements:
1.The 90-day compliance period for this Agreement began on December 15, 2020,
and ended on March 15, 2021.
2. During the compliance period, the business continued to operate legally.
3. During the compliance period, the business continued to employ all of its Low-and
Moderate-Income (LMI) employees.
4. Both prior to and during the compliance period, the business did not receive
federal, state or local assistance or insurance payments totaling more than the
documented losses for the applicable period of time.
5. The enclosed payroll documentation is accurate and reflects the continued
employment of the LMI employees.
Dated:
Signature:
By: Blanca Yepez
Title: Owner