AGR-6988.13 - CREATIVE MAD SYSTEMS INC - SMALL BUSINESS RELIEF GRANT; COVID-19 PANDEMIC1c-ZR-°l•13
CITY OF ORANGE
SMALL BUSINESS ASSISTANCE PROGRAM
SUSINESS RELIEF GRANT AGREEMENT
This SMALL BUSINESS AS5ISTANCE PROGRAM BUSINE RELIEF GRANT
AGREEMENT ("Grant Agreement") is made and entered into as of the n day of S 1 ,
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corpotation
City"), and CREATNE MAD SYSTEMS, INC. ("Recipient"), a California corporation 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
WI3EREAS,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 and 00/100 ($25,000.00),payable in one lump sum, and subject
to the terms and conditions contained herein.
3. Recipient Oblisations.
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 shall review said records for compliance with the terms and conditions of this Grant
Agreement.
4. Review of Compliance Documentation by City. 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. 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 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. 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.
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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RECIl'IENT" CITY„
Cxeative Mad Systems,Inc. City of Orange
733 N.Main St. 300 E. Chapman Avenue
Orange,CA 9286 Orange,CA 92866-1591
Attn.:Patricia Rodriguez Attn.: Aaron Schulze
Telephone; (714)206-6226 Telephone: (71 i)744-2202
E-Mail: accounring@madsystems.com E-Mail: aschuize@cityoforange.org
9. Counter arts. This Grant Agreerneni may be executed in one or more
counterparts,each of which shall be deemed an original,but all of wluch together shall constitute
one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have
the same effect as original signatures.
I Y''lal$S of this Grant Agreement;tbe parties hxave entered into this Grant Agreement
as of the year and day first above written.
GL jTil\d
g
GL''"g`Il 99
C ATIVE AD SY MS,I'itC., CITY OF ORANGE,a municipal corporation
a lifornia orpor ion
y: By:
Printe Name: Pa cia Ro ez ck Otto,City Manager
Title: wner
APPROVED AS TO FORM:
1/`lJl.a
Iviary E. in ing
Senior Assis ant Cit Attorney
i
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EXHIBIT "A"
CITY OF ORANGE
SMALL BUSINESS ASSISTANCE PROGRAM
BUSINESS RELIEF GRANT
PARTICIPANT CERTIFICATION
Beneath this sheet]
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City of
City of Orange
Small Business
Assistance Program
BUSINESS RELIEF GRANT APPLICATIOfV
Applications accepted beginning June 3, 2020
The purpose of this grant program is to assist small business owners in Orange that have been adversely
affected by COVID-19. Funds will be provided to assist with payroll, capital, equipment, and operating
costs to allow businesses to continue to operate for at least 90 days.
Who can qualify?
1. The business is physically located in Orange, has been in the City for a minimum of ne 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 1, 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. The business continues to operate legally during the COVID-19 crisis.
6. The business has had no major code violations in the last twelve months.
7. Adult businesses, massage parlors, and largely cash-based businesses are not eligible.
8. 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).
9. Businesses that have not received funding through the CARES Act, such as Payroll Protection
Program loans,will be given first priority.
How much is the grant?
The grant is up to a maximum of$25,000.
How do I apply?
Complete the Grant Application and Participation Certification online at www.cityoforange.orq 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
aschulzeC«citvoforanqe.ora, or call (714) 744-2202. Funding is limited and will be disbursed on a first
come, first served basis.
Small Business Assistance Program Application
BUSINESS INFORMA710N
Name of Business
reative Mad Systems
Type of Business(e.g.,LLC,corporation,sole proprietorship}
or oration
Address of Business
33 N Main Street
Business Empioyer ldentification Number(EIN) Years in Business
21
of Employees of Employees Meeting LowlMod Income Cfty Business License Number
11
ReQuirement
6 117467
QWNER
INFORMATION
w ____.___.___v___ ___ __..___ _______,. _ ---_ ____ ______.._ _____. ____ _m __...___ _____ _
OWNER CO-OWNER
Name Name
Patricia Rodriguez
Sociai Security Number Contact Phone(area code) Social Security Number Contact Phone(area code)
714 206-6226
Present Address(street,city,state,zip)Present Address(street,city,state,zip)
918 E La Cumbre Orange, CA 92869
Emafl Address Email Address
accountingpa madsystems.com
BUSINESS INCOME INFORMATION
2019 INCOME 2020 INCOM E(USE THE SAME MONTHS AS 2019)
Month#1 Gross Sales Month#1 Gross Sales 0
Month of April Month of April
Month#2 Gross Sales 61.243 Month#2 Gross Sales 0
Month of May Month of Mav
Please provide a brief explanation of the adverse economic effects COVID-19 has had on your business:
usiness activity for our AN business has been drastically reduced because our customers are mostly museum and
heme-park based. V1 have kept all of our employees on but all but one are working remotely.
REQUIRED DOCUMENTS—SEE DOCUMENT CHECKLIST FOR DOCUMENTS ACCEPTED FOR VERIFlCATION
1. Revenue statements far 2 months in 2020 verifying 25% less revenue than the same months in 2019
2. Revenue statements for the same two months in 2019
3. Annual revenue statement for 2019
4. Payroll reports documerrting the number of employees
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Small BusinessAssistance Program Application
ACKNQWLEDGMENT AND CERTIFICATION
Acknowledgement: IN1/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. IMIe also cert'rfy that there are no outstanding tax
liens or legal judgements against the business.
Certification: I/We 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 o a?!;;p,o„pd<,.m.---. Date Co-Owner Signature Date
06/05/2020
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City of Orange
Small Business Assistance Program
Qwner Participant Certification
Business Name Creative Mad Systems
BuSine5S Addre5S 33 N Main Street, Orange CA 92868
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 1 and 50 employees.
Your business is legally operating during the COVID-19 crisis.
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 Iocations.
You commit to continue operating 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 in any documen
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 Program 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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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 11 employees.
3) 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).
4) I certify that my business is continuing to operate during the COVID-19 crisis.
5) I certify that my business will 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, including 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. I understand that willful or fraudulent submission of a materially
false statement in connection with this certification may disqualify my business from
eligibility for the Program benefits and may subject my business or myself to 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.
9 dd.,.so.m,a,a,.o, _ .. _
a,.a e=o.,e<3.,,,,eae 06/05/2020
Business Owner Signature) Date)
Business Owner Signature) Date)
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City of Orange
Small Business Assistance Program—Document Checklist
Document Why we need this Documents accepted
Signed participation Verification that the business employs between 1 and
certification 50 employees and has experienced a loss of revenue.
Revenue statements for pocumentation of revenue following COVID-19 impact One or more of the foilowing for the entire impacted period:point-of-
two consecutive months in sales reports, sales reports(demonstrating fees collected or earned
2020 income), bank statements, quarterty sales tax filings, or CPA-
certified profit&[oss 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
Payroll report showing To determine eligibility for the grant Payroll records.
number of employees
Proof of Orange location To verifythat 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
If you do not have a City bus/nesslicense you w111 be required to obtain
one prfor to fund distrlbutlon
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EXHIBIT "B"
CERTIFICATION OF COMPLIANCE
Beneath this sheet]
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Date:
Lisa Tamburelli
City of Orange
230 E. Chapman Ave.
Orange, California 92866
Re: Certification of Compliance Pursuant to City of Orange Small Business
Assistance Program Business Relief Grant Agreement
Dear Ms. Tamburelli,
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
Creative Mad Systems, Inc., hereby certifies each of the following statements:
1.The 90-day compliance period for this Agreement began on June 23, 2020, and
ended on September 23, 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: