AGR-6988.124 - COCOROSE BOUTIQUE - SMALL BUSINESS RELIEF GRANT; COVID-19 PANDEMICl S g a
CITY OF ORANGE
SMALL BUSINESS AS5ISTANCE PROGRAM
BUSINESS RELIEF GRANT AGREEMENT
This SMALL BUSIN'ESS ASSISTANCE PROGRAM BUSINESS RELIEF GRANT
AGREEMENT ("Grant Agreement") is made and entered into as of the 3 s"day of i 1 -,
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corpo ation
City"),and COCOROSE BOUTIQUE("RecipienY'),a California limited liability company 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 Coronavirus Aid,Relief, and Economic Security Act has made available
to the City, funds to be used for certain specific purposes related to small businesses; 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 Business Relief Grant
Grant") is awarded by the City to Recipient for the sole purpose of providing relief 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 FIVE THOUSAND DOLLARS and 00/100 ($25,000.00),payable in one lump sum,
and subject to the terms and conditions contained herein.
3. Recipient Obli ations.
A. Recipient acknowledges the certifications and promises contained in the
Small Business Assistance Program Participant Certification, attached as Exhibit "A" and
incorporated herein, and agrees to abide by them during the term of this Grant Agreement.
B. Recipient shall remain in business not less than ninety(90)days after receipt _
of the Grant.
C. Recipient shall submit to the City the Certification of Compliance letter that
is attached hereto as Exhibit"B" and provide any additional documentation requested by the City.
City sfiall review said records for compliance with the terms and conditions of this Grant
Agreement.
4. Review of Comuliance Documentation bv Citv. After review of the Certification
of Compliance letter 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. Repayment 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 City.
6. Governin 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. Integration. 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.
8. Notice. Except as otherwise provided herein, all notices required under this Grant
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. 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, whichever is earlier..Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
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RECIPIENT" CITY"
CocoRose Boutique City of Orange
160 N. Glassell Street 300 E. Chapman Avenue
Orange, CA 92866 Orange, CA 92866-1591
Attn.: Courtney Rose Colleary Attn.: Aaron Schulze
Telephone: 714-325-2501 Telephone: 714-744-2202
E-Mail: corosecolleary@gmail.com E-Mail: aschulze@cityoforange.org
9. Counteruarts. This Grant Agreement may be executed in one or inore
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.
IN WITNESS of this Grant Agreement;the parties have entered into this Grant Agreement
as of the year and day first above written.
RECIPIENT" CITY"
COCOROSE BOUTIQUE, a California CITY OF ORANGE, a municipal corporation
limited liability company
By: By:
Printed Na e: urtnev Rose Colleary c Otto, City Manager
Title: Owner
APPROVED AS TO FORM:
l,tn
Mary E. Bi ing
Senior Assistant City Attorney
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EXHIBIT "A"
CITY OF ORANGE
SMALL BUSINESS ASSISTANCE PROGRAM
BUSINESS RELIEF GRANT
PARTICIPANT CERTIFICATION
Beneath this sheet]
4
Small Business Assistance Program Application
BU.SIIVESS INFOAIIAA710N,
Name or Business
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Type ot Business{e.g.,LLG,corporati n,sala pro 0 orship)
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Add oss o s s ness
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Business Employer ldenti cation Number(EIN) Year in Business
N oi Empv ees of Emp oyees Meeiing LowlMod ncane City Business Ucense Number
Requiremert
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OWNER C0-0WNER.
Name e
Social Security Number Contact Phone!ea code) SoGal Security Number Contact Phone{aren cade)
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PresenCAddress(sUeet,city,state,zip) Prosent Address{street,city,slate,zip)
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USINESS 1NCQAAE°INFORNIA'i'ON..` :-, ,..:,... , '
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201:91NCOME.. 20201NCOME.(USEfiHE SAME MONTHS A5;2018) .
Morrth#1 Gross Sales L'. Month#1 Gross Sales 1.. 1 '.1'3
Month of 'M q c,Y1 Morrth of `i`lO4CLfX1
Month#2 Gross Sales 1 tu1onth#2 Gross Sales fo.5 •q
Month of +O`1 Month of IqrD'SL
Plea e'pr`odide a brief explanatlon of the adverse economic effects COVID-19 has.had on your buslness:
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RE UIRED DOCIDME I'f5—3EE DOCUMENT CWECKLlST FOR DOCUMENTS ACCEPTED FOR VERIFlCATIO 1
1. Revenue statements fior 2 months in 2020 verifying 23%less re enue than the same months in 2019
2. Revenue statements for the same two months in 2019
3. Annua! r venue statement for 2019
4. Payroll reports documentfng the number of empioyees
1
Smail Business Assistance Pro ram Application
ACKNOWLEDGMENT AND CEA't7FIGATION
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Acknowiedgement: UWe understand that this grant is being provided by the City of Orange based solely upon
t e irrformation that I/we have provided in this application. I/We also cert9fy that there are no Qutstanding tax
liens or legal judgements against the business.
Certification: WUe certify that the lnformation provided in this appiication 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 i errtional or n gligent misrepresentation(s) of the information contained in this
application may result in civil liability and/or criminal penalties.
By signing below, Uwe certify that the above statements are true and coRect to the best of my/our knowledge.
INVe understand that a false statement may disqualify me/us from benefits,
wner Sfgnalure Date Co-Ownar Signature a e
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City of,Orange
Small usiness Assistance Program
Owner Participant Certification
Business Name f c c'4.r s,,,_
BusinessAddress ep j,1 C!1 a 5L 1 S _ntta y OIP
In order to participate in the City f Orange Small Business Assistance Pragram ("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 1 and 50 employees.
Yaur business is legally operating during the COVID-19 cris s.
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 tv continue o eratin g for a minlmum of three months after receipt ot the
grant funds.
Notwithstanding any ather rights of the City under other Sections of this Certific tion 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 in any doa ment
or application submitted in connection with this Certifica#lon or the Program shall prove false or
misleading, or if, in the sole Judgment of the City, the conduct of the Reci ient is such that the
interests of the City have been or are likely to be impaired or prejudiced, the City shall fhereupon
have the right to terminate any grant or withhold payments due under the Program and/or demand
and dbtain 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 ctinn by the City shall not give
rise to any cause of action for damages against the City.
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CERTIFICATIONS
1) I certify that my business has been in operation for at least one year.
2) I certify that I currently employ a total of_employees.
3) I certify that as a result of COVID-19, my business experienced at least a 25%
decrease in revenue for two consec tiv months after January 1 st,2024, compared
to the average revenue for the same two-month peri d in calendar year 2019(or
average monthly revenue based on total 2019 sales.
4) I certify that my business is continuing to operate during the COV1D-19 crisis.
5) I certify that my business wiil continue to operate for a three-month period
commencing on the date of receiving the grant funds.
6) I certify that my business will comply with all laws and rules applicable to the
program, inciuding City, state and federal laws.
7) I certify that I have not misrepresented the eligibility of my business for the Program.
By signing below, I certify that the above statements.are true and correct to the best of
my knowledge and belief. l understand thai willful or fraudulent submission of a materially
false statement in connection with this certification may disqual'rfy my business from
e'ligibility for the Program benefits and may subject my business or myseif to criminal
charges.
This certification shaU be deemed executed in the City of Orange and State of California
and sha11 be governed and construed in accordance with the aws of the Stat of
California and the Jaws of the United States.
to ZO
Business Ow er nature) tDate)
Business Owner Signature) Date)
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City of Orange
Smalt Business Assistance Program—Document Checkllst
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Qacumen6 --; :. '` .Why w
a
need this `,, ..,' c ptedDocumentsa
Signed particiRation Veriticatlon that the business employs beiween 1 and
certification 50 employees and has experienced a loss of revenue.
Revenue statements fw Documentation of revenue following COVID-19 impact One or more of the follow+ing for the entire impacted periad:point-of-
two consecutive months in sales reports,sales reports(demonstrating tees collected or eamed
2a p incorne), bank statements, quarterly sales tax filings, or CPA-
certified profit&loss statements(or twao consecutive months in 2020
Revenue s4aters en4s for Comparison of typical operating revenue to verify One or more of the foilowing for the same two months in 2019:
the same two consecutive loss of revenue as a result of COVID-19 point-of-sa4es reports,sales reports(demonsirating fees collected
months h 018 or earned income},bank statements,quarterly sales tau fi in s,ar
CPA-certified profit&loss statements for two consecutive months
in 2019
Mnual revenue s4at ments Gomparisan ot typical operating revenue to verify One or more of the foilowing for total 2019 sates:point-of-sales
for 2019 lass of revenue as a result of GOVID-19 reports,sales reports (demonstrating fees co{lected or eamed
income),bank statements,quarterly sales tax fiCngs, 2019 ta c
refurns, CPA-certitied prolit & loss statements, 2Qi9 Tax
Returns(aii pages),or Federal 99Q
Payroll report showing To determine eligibiliry tor the grant Payroll records.
numb r of employe s
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 operationai bills
f you do not have a Clty business Ifcense you v il![e required#o obtafn
one prior to fund distrlbuffon
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EXHIBIT "B"
CERTIFICATION OF COMPLIANCE
Beneath this sheet]
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Date:
Hannah Haase
City of Orange
300 East Chapman Avenue
Orange, California 92866
Re: Certification of Compliance Pursuant to City of Orange Small Business
Assistance Program Business Relief Grant Agreement
Dear Ms. Haase:
This Certification is submitted to the City of Orange in accordance with the Small
Business Assistance Program Business Relief Grant Agreement ("Agreement"), and
constitutes the Final Compliance Report. The undersigned authorized representative of
CocoRose Boutique, hereby certifies each of the following statements:
1.The 90-day compliance period for this Agreement began on July 20, 2020, and
ended on October 20, 2020.
2. During the compliance period, the business continued to operate legally.
3. Grant funds were used in accordance with the Small Business Assistance
Program.
DATED:
By:
Title: