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HomeMy WebLinkAbout07 - County of Orange Economic Support Grant Agreement and 2021 Small Business Support Grant ProgramQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report January 26, 2021 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Tara Finnigan, Deputy City Manager, tfinnigan@newportbeachca.gov PHONE: 949-644-3035 TITLE: County of Orange Economic Support Grant Agreement and 2021 Small Business Support Grant Program ABSTRACT: The County of Orange allocated $290,000 from the County General Fund to the City of Newport Beach to use for economic support initiatives for small business in response to COVID-19. Staff recommends that the City Council ratify the grant agreement with the County and authorize the City Manager to implement a Small Business Support Grant Program with the funding. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Ratify the Subrecipient Agreement Between the County of Orange and the City of Newport Beach for Economic Support Provided by the City; c) Approve Budget Amendment No. 21-027 in the amount of $290,000 in grant funds and appropriate to the Economic Development Division of the City Manager's Office; and d) Authorize the City Manager to take any and all action necessary to implement and administer a Small Business Support Grant Program, funded with $290,000 in County General Funds, in accordance with the Grant Agreement between the City of Newport Beach and County of Orange. FUNDING REQUIREMENTS: Should the Council authorize the City Manager to implement a grant program, the grants would be funded with the $290,000 received from the County of Orange. The City would absorb the staff time costs for administering the program. Budget Amendment No. 21- 027 will recognize the grant revenue to account 165-16520202-431315 and appropriate the funds to the to the City Manager's Economic Development Division (165-16520202 841004) to fund small business grants. 7-1 County of Orange Economic Support Grant Agreement and 2021 Small Business Support Grant Program January 26, 2021 Page 2 DISCUSSION: County Funding In response to the ongoing impacts the COVID-19 pandemic has had on Orange County's businesses, in December 2020, the Orange County Board of Supervisors (Board) allocated $10 million in General Fund monies equally among its five supervisorial districts for the economic support of small businesses. A total of $2 million is being distributed to the cities in the Board's Second District on a per capita basis. The City of Newport Beach (City) will receive $290,000 from the County of Orange (County) for economic support initiatives for the community's small businesses. Proposed Grant Program After conferring with the Council Ad Hoc to Address Commercial Reopening and Business Advancement, comprised of Mayor Pro Tem Muldoon and Council Members Dixon and O'Neill, staff is recommending the City use the $290,000 in County funding toward a new grant program. If approved, the 2021 Small Business Support Grant Program would be the third grant program implemented by the City to financially assist small businesses as they try to navigate the financial impacts the COVID-19 public health emergency has had on their operations and revenues. The first program, which commenced in June 2020, was funded with approximately $2.13 million in CARES Act money that the City received from the County. That program provided grants to 291 Newport Beach businesses and ended in December 2020. The second program, now underway, is funded through $469,695 in CARES Act / Community Development Block Grant (CDBG) dollars. It commenced in August 2020. More than 300 applications were received. Due to the strict eligibility requirements associated with the CDBG program, the application review and approval process is time consuming. Staff and consultants have reviewed the first 75 and 9 are in the approval and payment process. Several more are pending approval. As the Council and community are aware, State Health officials implemented another Regional Stay at Home for Southern California in early December 2020 and the resulting modifications and closures continue to impact many of our community's small businesses. Thus, the Council Ad Hoc views the County funding as another opportunity to promptly provide working capital to local businesses in need of financial assistance. Proposed Program Parameters The following subsections provide an overview of the proposed program framework, including eligibility requirements, terms and conditions. Should the Council ratify the agreement and authorize the City Manager to proceed with a grant program, staff from the City Manager's Office, City Attorney's Office and Finance Department will complete the program guidelines and implement the program as quickly as possible. Eligibility To be eligible for the 2021 Small Business Support Grant Program, a business must demonstrate and attest to the need for financial support due to business interruption caused by the COVID-19 public health emergency and the Regional Stay at Home orders. 7-2 County of Orange Economic Support Grant Agreement and 2021 Small Business Support Grant Program January 26, 2021 Page 3 Terms and Conditions Applicants would need to meet the following minimum requirements to be considered for grant funding: • The business must be a for-profit business and located within Newport Beach city limits. • The business must be legal and located in a commercial or industrial space. Home-based business would not be eligible. • The business must be the master lease holder or the owner of the commercial or industrial space it occupies. Sub -leases would not qualify. • The business must be an independently owned and operated business that is not dominant in its field of operation, with the principal office located within Newport Beach city limits. • At least one officer of the business must reside in Orange County, California. • The business must have an active Newport Beach business license for a minimum of six (6) months, as of June 1, 2020. • On March 1, the business must have had 50 or less full-time, or an equivalent combination of full and part time employees (two part-time employees equal one full-time employee), including the owner. • The business must have average annual gross receipts of fifteen million dollars ($15,000,000) or less over the previous three years. • The business must be in good standing with the City, meaning: • It must be current on its business license fees or in good standing on its payment plan; • It must not have any existing municipal code violations. • If applicable, it must be current on its business improvement district assessment or in good standing on its payment plan; • If applicable, it must have a valid Marine Activities Permit; • The business must disclose whether they have received funding from the Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL), the County of Orange, the State of California or the City of Newport Beach. If a business received funding, it is still eligible to receive City grant funds; however, priority will be given to applicants that have not received any City of Newport Beach funding. 7-3 County of Orange Economic Support Grant Agreement and 2021 Small Business Support Grant Program January 26, 2021 Page 4 • The business must follow the State's and/or County's re -opening guidance for their industry. • The business must submit a complete application and all required documentation. Examples of Reauired Documentation and Information • City Business License Number • Copy of most recently filed Tax Returns (2019 or 2020) • A COVID-19 Impact Statement and Attestation • Pages of Signed, Fully Executed Master Lease or Grant Deed for the Commercial/Industrial Business Address • For leases, documentation must show the name of the lessee and lease term. • For grant deed, documentation must show the name of the property owner. • W9 Grant Amount The previous program offered a tiered structure, where grants ranged from $5,000 to $10,000, depending on a business's employee count. This required each business to provide documentation that verified their staff size. The vast majority of the grants awarded in last year's program were for $5,000. Therefore, staff is recommending that this program only provides grants in the amount of $5,000. If the Council concurs, the City would be able to provide 58 grants to local businesses. Funding Priority The program would be open to any small business that meets the eligibility criteria, terms and conditions. Priority would be given to: 1. Applicants that have not received a City grant within the past year. 2. Businesses that provide on-site services that have been severely impacted by the COVID-19 public health emergency and the related operational restrictions. These include restaurants, retails, personal service establishments (hair salons, barber shops, nail salons, day spas, small gyms/health clubs). 7-4 County of Orange Economic Support Grant Agreement and 2021 Small Business Support Grant Program January 26, 2021 Page 5 Next Steps Staff recommends the City Council authorize the City Manager to develop and implement the grant program. Should Council do so, staff would finalize the program guidelines and begin to advertise the program. As this would be the City's third grant program in less than one year, staff now has a better idea of how to administer such a program and intends to do so in-house. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (24 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Subrecipient Agreement Attachment B — Budget Amendment 7-5 ATTACHMENT A SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH FOR ECONOMIC SUPPORT PROVIDED BY THE CITY This Subrecipient Agreement (the "Agreement") is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "County," and the City of Newport Beach, a municipal corporation, hereafter referred to as "Subrecipient," with the County and Subrecipient referred to as "Party," or collectively as "Parties." WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named "COVID-19") in Orange County (the "COVID-19 Emergency"); and WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County's Health Officer; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS, the State, like the Nation, continues to record a surge in the level of community spread of COVID-19 resulting in a Statewide increase in the number of new hospital admissions from 777 on November 15, to 1,651 on December 2; and WHEREAS the rise in cases, if it continues, risks overwhelming the ability of California hospitals to deliver healthcare to its residents suffering from COVID-19 and from other illnesses requiring hospital care; and WHEREAS, on December 3, 2020, California health officials announced a Regional Stay at Home Order that will be triggered if Intensive Care Unit (ICU) capacity drops below 15 percent in a given region; and WHERAS, the Regional Stay at Home Order instructs Californians to stay at home as much as possible to limit mixing with other households that can lead to COVID-19 spread; and Page 1 of 8 7-6 WHEREAS, on December 10, 2020, the Southern California region was at 9% ICU capacity, and the Regional Stay at Home Order remained in effect in the County of Orange; and WHEREAS the COVID-19 pandemic and the necessary physical distancing measures implemented have impacted many businesses, leading to business closures, loss of employee hours and wages, and layoffs; and WHEREAS the Orange County Board of Supervisors has allocated $10 million in General Funds equally between the five supervisorial districts for economic support initiatives for small businesses in response to COVID-19; and WHEREAS, pursuant to the authority delegated by the Orange County Board of Supervisors, a total of $2 million will be distributed to Orange County cities located in the Second District of the Orange County Board of Supervisors (the "Second District") on a per capita basis based on the 2010 population figures provided by the United States Census Bureau for the economic support of small businesses located within the jurisdictional boundaries of each city grant recipient; and WHEREAS, in order to provide funds for the Subrecipient to pay expenditures it has or will incur providing economic support to small businesses in the Second District due to the COVID-19 public health emergency, the Parties have agreed that the County shall transfer the grant amount described herein to Subrecipient. NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on July 31, 2021, or when all of the Parties' obligations under this Agreement are fully satisfied, whichever occurs earlier. 2. USE OF GRANT AMOUNT. a. Subrecipient shall use the grant amount provided under this Agreement to pay for Eligible Expenses that: (1) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; and (2) were incurred during the period that begins on December 31, 2020 and ends on June 30, 2021. Page 2 of 8 7-7 b. The term "Eligible Expenses," as used in this Agreement, shall mean expenses incurred and paid for by Subrecipient for the provision of economic support to Small Businesses located in the Second District in connection with the COVID-19 public health emergency, including expenditures related to the provision of grants to Small Businesses to reimburse the costs of business interruption caused by required closures and unemployment insurance costs related to the COVID-19 public health emergency if such costs will not otherwise be reimbursed by the federal government. C. The term "Small Business," as used in this Agreement, shall mean an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located within the jurisdictional boundaries of Subrecipient, at least one officer of which is domiciled in Orange County, California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of fifteen million dollars ($15,000,000) or less over the previous three years, or is a manufacturer with 100 or fewer employees. d. The following is a nonexclusive list of expenditures that shall not constitute Eligible Expenses payable from the grant amount: (1) Subrecipient administrative costs that exceed 3.5 percent of the grant amount set forth in Paragraph 3(a) of this Agreement. (2) Damages covered by insurance. (3) Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. (4) Reimbursement to donors for donated items or services. (5) Workforce bonuses other than hazard pay or overtime. (6) Severance pay. (7) Legal settlements. e. Subrecipient must utilize the grant amount in accordance with all Federal and State laws. Page 3 of 8 3. PAYMENT OF GRANT AMOUNT a. The County shall pay Subrecipient a grant amount of $290,000 within 10 business days of the full execution of this Agreement. All of Subrecipient's expenditures of the grant amount must be for costs as described in Paragraph 2 of this Agreement. The grant amount represents the amount allocated to Subrecipient based on population pursuant to the authority delegated by the Board of Supervisors to the County Executive Officer on December 15, 2020. b. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein. C. If Subrecipient has not spent any portion of the grant amount it has received under this Agreement to cover Eligible Expenses by June 30, 2021, Subrecipient shall return to the County by July 31, 2021 the amount remaining unspent as of June 30, 2021. 4. STATUTES AND REGULATIONS APPLICABLE TO GRANT. Subrecipient must comply with all applicable requirements of State, Federal, and County of Orange laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: a. Office of Management and Budget (OMB) Circulars. Subrecipient must comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions); OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations. Page 4 of 8 7-9 b. Political Activity Prohibited. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. C. Tax Reporting. Subrecipient is responsible for any tax reporting requirements that arise from Subrecipient's distribution of economic support to Small Businesses, including the filing of any required tax forms with the IRS and the issuance of any required tax forms to recipients of economic support from the Subrecipient. 5. REPORTS. a. Progress Report. On March 15, 2021, Subrecipient shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) identify the name and location of each Small Business receiving economic support funded by the grant amount and the amounts paid to each Small Business; (3) demonstrate how Subrecipient used the grant amount consistent with the use requirements of Paragraph 2; and (4) identify the balance of the grant amount that Subrecipient has not spent. b. Final Report. Upon the earlier of Subrecipient's expenditure of the balance of the grant amount or July 15, 2021, Subrecipient shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) identify the name and location of each Small Business receiving economic support funded by the grant amount and the amounts paid to each Small Business; (3) demonstrate how Subrecipient used the grant amount consistent with the use requirements of Paragraph 2; and (3) identify the balance of the grant amount that Subrecipient has not spent, if any. C. The Subrecipient shall provide a certification signed by its chief executive officer with each report required under this Paragraph 5 that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2. d. Subrecipient shall maintain supporting documentation for the reports required by this Paragraph 5 consistent with the requirements of Paragraph 6. Page 5 of 8 7-10 6. RECORDS MAINTENANCE. Records, in their original form, must be maintained in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period four (4) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the County. 7. RECORDS INSPECTION. At any time during normal business hours and as often as either the County or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County and the Auditor General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Subrecipient's records, the County may require that Subrecipient provide supporting documentation to substantiate Subrecipient's expenses with respect to the Subrecipient's use or expenditure of the grant amount. 8. INDEPENDENT CONTRACTOR. The Subrecipient shall be considered an independent contractor and neither the Subrecipient, its employees, nor anyone working under the Subrecipient shall be considered an agent or an employee of County. Neither the Subrecipient, its employees nor anyone working under the Subrecipient shall qualify for workers' compensation or other fringe benefits of any kind through County. 9. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Subrecipient shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Agreement. Subrecipient shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Subrecipient shall provide copies of permits and approvals to the County upon request. 10. INDEMNITY. The Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which Page 6 of 8 7-11 County's Board of Supervisors acts as the governing Board harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the Subrecipient's receipt, distribution or expenditure of the grant amount under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement. 11. NOTICES. Any and all notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Subrecipient: Grace Leung City Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 County: Denis Bilodeau County of Orange County Executive Office 333 W. Santa Ana Blvd., 3rd Floor Santa Ana, CA 92701 12. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law. Page 7 of 8 7-12 13. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney's fees, costs, and expenses. 14. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes, or revisions are valid or binding on the parties unless authorized by the Parties in writing. 15. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes, or revisions are valid or binding on County unless authorized by County in writing. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below. CITY OF NEWPORT BEACH COUNTY OF ORANGE A California Municipal Corporation A political subdivision of the State of California By: 1.I,,) City Manager Date: By: City A t ney By: Chief Executive Officer Date: By: Supervising Deputy County Counsel Date: / �—/ 2 Date: 7-13 City of Newport Beach ATTACHMENT B 4, z 13UDGET AMENDMENT F'74--1 2020-21 BA#. 21-027 Department: City Manager ONETIME: [A Yes ❑ No Requestor: Carol Jacobs Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Date ❑ COUNCIL APPROVAL REQUIRED Citv Clerk: Date EXPLANATION FOR REQUEST: fo increase revenue estimates and expenditure appropriations by accepting funds from the County of Orange for economic support initiatives for ❑ from existing budget appropriations :ommunity small businesses. ❑� from additional estimated revenues ❑ from unappropriated fund balance Fund # Org Object Project Description Increase or (Decrease) $ 1165 1 16520202. _ 1431315 G2120 _ COVID ECONOMIC SUPPORT GRANTS - COUNTY OF ORANGE CON290,0-00A0 I Subtotal $ _290,000.00 I Fund # Ors Object Project Descrption _ Increase or (Decrease) $ 165 116520202 821004 G2120 COVID ECONOMIC SUPPORT GRANTS - GRANT EXPENSES 290 000.00 I - Subtotal $ 290,000.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ ..._....— -- .......... .... Subtotal $ - No Change In Fund Balance 7-14