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AGR-6988.36 - INFINITY & BEYOND INC DBA INFINITY PRESS - SMALL BUSINESS RELIEF GRANT; COVID-19 PANDEMICCaR-q 8g •3 CITY OF ORANGE SMALL BUSINESS ASSISTANCE PROGRAM BUSINESS RELIEF GRANT AGREEMENT This SMALL BUSINESS ASSISTANCE PROGRAM BUSINESS RELIEF GRANT AGREEMENT ("Grant Agreement") is made and entered into as of the DI day of- , 2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corpor"ation City"), and INFINITY &BEYOND, INC., doing business as INFINITY PRESS ("Recipient"), a California corporation with reference to the following: RECITALS WHEREAS, the novel coronavirus (COYID-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. PurAose 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. Recinient 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 shall review said records for compliance with the terms and conditions of this Grant Agreement. 4. Review of Compliance Documentation bv 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. 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. 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. 2 i 1 I 4 RECIPIENT" CITY" Infinity&Beyond, Inc. City of Orange 2440 N. Glassell St. Ste.N 300 E. Chapman Avenue Orange, CA 92865 Orange, CA 92866-1591 Attn.: Scott Wilson Attn.: Aaron Schulze I: iTelephone: (714) 381-2415 Telephone: (714) 744-2202 I E-Mail: alprintduden,yahoo.coiii E-Mail: aschulze@cityoforange.org 9. Counterparts. This Grant Agreement may be executed in one or more counterparts, each of which shall be deeined 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. I IN WITNESS of this Grant Agreemerit,the parties have entered into this Grant AgreementI, as of the year and day first above written. RECIPIENT" CITY"i INFINITY& BEYOND, INC., CITY OF ORANGE, a municipal corporation a California Corporation i Q / r By: U By: O Printed Name: Scott Wilson Rick Otto, City Manager Title: Owner APPROVED AS TO FORM: Mary E. B ing Senior As istant City Attorney I 3 EXHIBIT A" CITY OF ORANGE SMALL BUSINESS ASSISTANCE PROGRAM BUSINESS RELIEF GRANT PARTICIPANT CERTIFICATION Beneath this sheet] 4 1 City of City of Orange Small Business Assistance Program BUSINESS RELIEF GRAIVT APPLICATION 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 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 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 Cert'rfication 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 aschulzeC«citvoforanae.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 BUSINESS INFORINATION Name of Business nfinity & Beyond Inc. DBA Infinity Press Type of Business(e.g.,LLC,corporation,sole proprietorship) Cor oration Address of Business 440 N. Glassell St., Ste N Business Employer ldentification Number(EIN) Years in Business 25 of Employees of Employees Meeting LowlMod Incame City Business License Number 2 Requirement 4937 pWNER - R_—___..----- ------------- INFORMATION OWNER CO-OWNER Name Name SCOtt WilsOn Social Security Number Contact Phone(area code) Social Security Number Contact Phone(area code) 714-381-2415 Present Address(sVeet,aty,state,zip)Present Address(sueet,city,state,zip) 245 Timberline Dr, Corona, CA 92882 Email Address Email Address ai printdude@yahoo.com BUSINESS INCOME INFORMATION 2019 IPICOME 2020 INCOME(USE THE SAME MONTHS AS 2019) Month #1 Gross Sales asnsa nn Month #1 Gross Sales 8228.00 Month of April Month of Ar ril Month#2 GroSs Sales 30981.00 Month#2 Gross Sales 10141.00 Month of May Month of Mav Please provide a brief explanation of the adverse economic effects COVID-19 has had on your business: ost of my clients have shut down thus not needing printing. Trade shows have also stopped so no one needs romotional products. I also print for churches and they haven't been meeting. REQUIRED DOCUMENTS—SEE DOCUMENT CHECKLIST FOR DOCUMENTS ACCEPTED FOR VERIFlCATION 1. Revenue statements for 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 documenting the number of employees 1 CERTIFICATIONS 1) 1 certify that my business has been in operation for at least one year. 2) 1 certify that I currently employ a total of 2 employees. 3) 1 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) 1 certify that my business is continuing to operate during the COVID-19 crisis. _ 5) 1 certify that my business will continue to operate for a three-month period commencing on the date of receiving the grant funds. 6) 1 certify that my business will comply with all laws and rules applicable to the program, including City, state and federal laws. 7) 1 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. Business Owner Signature) Business Owner Signature) 06/18/2020 Date) Date) 4 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 Documentation of revenue following COVID-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: paint -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 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 If you do not have a City business license you will be required to obtain one prior to fund distribution EXHIBIT "B" CERTIFICATION OF COMPLIANCE Beneath this sheet] 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 Infinity & Beyond, Inc., doing business as Infinity Press, hereby certifies each of the following statements: 1. The 90-day compliance period for this Agreement began on July 7, 2020, and ended on October 7, 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: M Title: