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HomeMy WebLinkAboutRES 20-23RESOLUTION NO. 20-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY O F APACHE JUNCTION,ARIZONA,APPROVING A SMALL BUSINESS AND NON-PROFIT ORGANIZATION ASSISTANCE GRANT PROGRAM IN THE CITY OF APACHE JUNCTION; ALLOCATING THE UNUSED BALANCE FOR PUBLIC SAFETY;AND DECLARING AN EMERGENCY. WHEREAS,local businesses and non-profit organizations are an essential component of a vibrant community and will play an integral role in the recovery from Coronavirus Disease 2019 ("COVID-19"); and WHEREAS,disruptions to the business community are serious, as businesses are the backbone of the city's economy and provide the foundation of employment,services for the community and revenue for the city to provide essential public services; and WHEREAS,assistance is necessary to help businesses and non-profit organizations recover and restart; and WHEREAS,on January 31,2020,the United States Department of Health and Human Services declared a Public Health Emergency related to the COVID-19 outbreak; and WHEREAS,on March 11,2020,Arizona Governor Doug Ducey declared a state of emergency to make additional resources available,formalize emergency actions already underway across multiple state agencies and departments,and help the State of Arizona prepare for broader spread of COVID-19; and WHEREAS,on March 20,2020,the Mayor ratified a Proclamation of Emergency relative to the Covid-19 pandemic issued pursuant to A.R.S. § 26-307, A.R.S. § 26-311, and § 2-2- 4(D) of the Apache Junction City Code Vol. I; and WHEREAS,on March 27,2020,President Trump signed the Coronavirus Aid,Relief and Economic Security ("CARES")Act, Pub. L. 116-136 (2020); and WHEREAS,on May 29,2020,Governor Ducey informed the city that the state would be offering the city a grant from the AZ Cares Fund which reimburses city public safety costs in the RESOLUTION NO. 20-23 PAGE 1 OF 3 amount of $4,887,430.00 made available through the federal government from the U.S.Department of Treasury's Coronavirus Relief Fund ("CRF")Catalog of Federal Domestic Assistance ("CFDA"), Number 21.019, as part of the CARES Act; and WHEREAS,on June 30,2020,the city submitted the grant application for accepting the available funds (grant number ERMT-20-012) which was approved on July 6,2020; and WHEREAS,these funds were placed in the city's general fund as a contingency line item in the FY 2020-2021 budget; and WHEREAS,on June 2,2020,June 15,2020 and July 6,2020, the mayor and city council discussed the potential uses of the funds; and WHEREAS,on July 14,2020,the mayor and city council discussed a grant assistance program that would benefit local businesses and non-profit organizations and stipulated up to a total of 25%or $1,221,857.50 of the $4,887,430.00 would fund the program; and WHEREAS,the mayor and city council have unanimously determined that it is in the best interest of the city to assist the city's business and non-profit organization community with economic relief during the COVID-19 health emergency and enhance the general economic welfare of the community and of the residents and others who frequent businesses in the city. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1:City staff shall establish and implement a small business and non-profit organization assistance grant program for economic relief during the COVID-19 health emergency and to enhance the health,safety and welfare of the residents and others who frequent businesses in the city a s more fully set forth in Exhibit A, and incorporated herein by this reference. Section 2:City staff is hereby authorized to negotiate and execute any and all documents and approve all actions necessary to establish and implement the direction and intent of this resolution,and for city staff to effectively administer the grant program set forth in Exhibit A. RESOLUTION NO. 20-23 PAGE 2 OF 3 Section 3:The mayor and city council have determined the implementation of the city's grant program enhances the public welfare and its terms and conditions for its recipients are compatible with the restrictions under the AZ Constitution Article 9, § 7. Section 4:The remaining balance of unused funds from the program will be allocated to public safety expenses as later determined to be appropriate by the council. Section 5:It is necessary for the preservation of the peace,health and safety of the City of Apache Junction, Arizona,and consistent with the declarations and proclamation of emergency set forth above,an emergency is declared to exist, and this resolution shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED BY THE MAYOR AND CITY CalaiNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS /5"DAY OF ,20z0. SIGNED AND ATTESTED TO THIS 4 6 -DAY OF .14,4/,2020 . ATTEST: APPROVED AS TO FORM: (4 1c>7•15-20 RICHARD J. STERN City Attorney RESOLUTION NO. 20-23 PAGE 3 OF 3 JEFF Mayor EXHIBIT A APACHE JUNCTION SMALL BUSINESS AND NON-PROFIT ORGANIZATION ASSISTANCE GRANT PROGRAM BACKGROUND: During the ongoing COVID-19 worldwide health crisis, the resulting economic impact of executive orders issued at federal, state and local levels that were structured to reduce COVID-19 infections, has filtered down to municipalities and created situations of economic strife.Apache Junction has felt the impacts and recognizes that the city's small business and non-profit organization community has been working very hard to implement mandated physical changes in order to keep their doors open.In addition, some businesses were forced to temporarily close or limit customer occupancy in order to comply with the mandates. In an effort to assist the city's business and non-profit organization community with economic relief and enhance their chance of reemerging from this time of declared emergency, staff has outlined a grant program that will financially assist eligible small businesses and non-profit organizations within the incorporated limits of Apache Junction. The intent is to provide needed resources to stabilize business operations, maintain employment opportunities for residents, and ensure compliance of new health and safety standards brought on by COVID-19. STAFF RECOMMENDATION: Approval of Resolution 20-23 is recommended directing staff to implement a grant program to assist Apache Junction small businesses and non-profit organizations during the city's current declared state of emergency with a one-time reimbursement for COVID-19 related impacts. DISCUSSION: The Apache Junction Small Business and Non -Profit Organization Assistance Grant Program is designed to assist eligible Apache Junction businesses to mitigate some of the economic hardship related to the impact of COVID-19.Eligible expense reimbursements (total maximum of $10,000 per business and $10,000 per non-profit organization but with a total cap for all non -profits of $200,000 of the $1,221,857.50 available with the unused balance for small businesses) one-time should be allowed for any of the following combination: •Up to four month's rent/mortgage (April, May, June, and/or July 2020). •Up to four month's utilities (April, May, June, and/or July 2020) which includes water, electric, internet, gas, and sewer. •Expenditures for Personal Protective Equipment ("PPE") or required business modifications due to COVID-19 mandates and expended during the months of April, May, and/or June 2020 (i.e. installation of plexiglas,social distancing signage,disinfectants).The total amount of reimbursement request for this category may not exceed $750 and is to be calculated as part of the total maximum reimbursement of $10,000. PROGRAM CRITERIA: •For-profit businesses and non-profit organizations located at a physical, commercially zoned address within the Apache Junction city limits. •Held a valid City of Apache Junction business license or non-profit organization operating license on or before March 1, 2020 and continue to be in good standing and still in business at the time of application. •Are not a company -owned franchise. •Provides documentation that its business income/sales have been reduced by at least 25% due to COVID-19 starting in January through date of application submittal. INELIGIBLE APPLICANTS: •Home -based businesses •Corporate-owned/operated franchises. •Publicly held companies. •Real estate investment firms. •Dealers of rare coins and stamps. •Firms involved in lending activities such as banks,credit unions,check cashing,finance companies, leasing companies, payday loan companies, insurance companies (not agents), pawn shops, and any other firm whose stock in trade is money. •Pyramid sales plans where a participant's primary incentive is based on the sales made by an ever-increasing number of participants to include cosmetic,household goods and other soft goods sales. •Firms engaged in illegal activities. •Gambling activities,including any business whose principal activity is gambling.While this precludes grants to racetracks, casinos and similar enterprises, the rule does not restrict grants to otherwise eligible businesses which obtain less than one-third of their annual gross income from either the sale of official state lottery tickets under a state license, or legal gambling activities licensed and supervised by a state authority, including businesses with an off-track betting license. •Principal or owner of the business is currently incarcerated or on parole. •Any business owned, in whole or in part, by an Apache Junction official or employee who, in their official capacity, participates in or votes on the oversight, development, or implementation of the Apache Junction Small Business Assistance Grant Program contrary to A.R.S. § 38-503. This exclusion also includes any business owned by a relative of such public officer or employee contrary to A.R.S. § 38-502(9). •Companies with legal actions involving the City of Apache Junction, including but not limited to code enforcement liens and other criminal and civil lawsuits. •This list of ineligible businesses may be updated by the city as the program continues. PROGRAM TIMEFRAME: Applications will be accepted from July 21, 2020 through August 25, 2020.Grants will be awarded on a rolling basis until funding is exhausted or the grant period closes, whichever comes first. PROCESS REQUIREMENTS: •Complete application and all required supporting documents. •Provide copies of paid receipts or proof of payment for eligible expense reimbursement. •Attach copy of a W-9 form from the IRS. •Attach copy of City of Apache Junction business license that was issued before March 1, 2020 and that is still in effect. •Acknowledge with signature that all submittals and statements are true and accurate. •Staff will review applications with a review committee appointed by the city manager. •Staff will make a decision within ten (10) calendar days from receipt of a complete submittal. •Requesting party can appeal decision to the city manager, whose decision will be final, subject only to a Superior Court judicial officer. •No appeal is available before the city council or any board or commission. APPLICATION INFORMATION/DOCUMENTATION TO BE REQUESTED Business Name: Primary Business Owner: Applicant Name and Title (if not owner): Physical Business Address:Zip Code: Owner Home Address:Zip Code: Email: Business Phone Number: Business Website Address: Date first opened in Apache Junction: Employer Identification Number (EIN) or Tax ID: Current Number of Full Time Employees: Current Number of Part Time Employees: Amount of RENT/MORTGAGE Reimbursement Requested (total) $ Rent receipts/proof of Payment Attachments: Y N Amount of UTILITY Reimbursement Requested (total) $ Utility receipts/proof of Payment Attachments: Y N Amount of PPE or modification requirement due to mandates Reimbursement Requested ($750 maximum for this category): PPE/modification receipts/proof of Payment Attachments: Y N Was your business negatively impacted by at least 25% or more in sales due to COVID-19 since January 31, 2020 when the United States Department of Health and Human Services declared a Public Health Emergency?Please provide supporting documentation (i.e. income statements, historic sales reports, etc.). Y N What type of Federal CARES Act funding or COVID-19 assistance has your business received and what amount, if any, and from which governmental entities? Business Owner/Contact Signature By signing below, I certify that: The information provided on this application is complete and accurate to the best of my knowledge. I have read and understand the Apache Junction Small Business Grant Program Criteria and Requirements. I understand that submission of an application does not entitle my business to grant funding. I understand that only expenses, which have been approved in writing by the city, will be reimbursed. I understand that my business must make and pay for expenses and submit proof to the city for reimbursement. I will provide requested performance data related to the use of funds for expenses as outlined in the grant guidelines. Printed Name Signature Date