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C-06-20-573-M-00 AMENDMENT No. 2 To CONTRACT C-06-20-573-M-00, SMALL BUSINESS PROGRAM Between THE ARIZONA COMMUNITY FOUNDATION, INC. & MARICOPA COUNTY, ARIZONA WHEREAS, Maricopa County, Arizona (“County”) and The Arizona Community Foundation, Inc. (“Contractor”) have entered into a Contract for the Small Business Relief Program dated August 10, 2020 and Amended on October 21, 2020 (“Agreement”) County Contract No: C-06-20-573-M-00. WHEREAS, County and The Arizona Community Foundation, Inc. have agreed to further modify the Agreement by changing certain terms and conditions; NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. The Contract shall be amended to include a new program, the New Business Relief Program. The New Business Relief Program 3.0 shall be funded in the amount of $5M from the $40M previously added to the Agreement by Amendment #1 (September 29, 2020). 2. Section 3.1.4 The Contractor will begin submitting all New Business Relief Program requirements on October 19, 2020. 3. The Scope of Work for the New Business Relief Program is attached. 4. Reduce the Small Business Program 2.0 funding from $40M to $39.5M. The maximum not-to-exceed fee for all services provided by the contractor under this contract will decrease from $1,727,500 to $1,711,250 over the term of the contract. 5. Section 10.1 is modified as follows. The county shall pay the contractor a fee at the rate of 3.25% for all funds disbursed by the contractor above $22M and below $61.5M for all programs covered by this Agreement. The total fee paid for service for the entire agreement shall not to exceed $1,711,250. County shall pay the contractor a minimum fee of $150,000 or a fee of 3.25%, whichever is greater, for funds disbursed by the contractor above $22M 6. Section 10.1.1 Restated to: Upon approval of this amendment, or as mutually agreed upon, the County shall wire transfer (or by ACH) $5,000,000 (increments) to the Contractor. Additional funds, up to the total Program amount of $39.5 million for the Small Business Program 2.0 and the New Business Relief Program will be transferred to the Contract on a mutually agreed upon schedule. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED C-06-20-573-M-00 IN WITNESS WHEREOF, this Contract Amendment is executed on the date set forth below when executed by Maricopa County Board of Supervisors. THE ARIZONA COMMUNITY FOUNDATION, INC. President & CEO Printed Name and Title Address Date MARICOPA COUNTY: Chairman, Board of Supervisors Date Clerk, Board of Supervisors Date County Attorney, Approved as to Form Date C-06-20-573-M-00 Scope of Work: New Business Relief Program 3.0 Revised from Original Scope of Work Program Title The program shall be referred to as the Maricopa County New Business Relief Program. Purpose The purpose of the Maricopa County New Business Relief Program is to support the continued viability of small businesses experiencing financial hardship due to the COVID-19 Pandemic and that are ineligible for Maricopa County’s existing small business program due to not meeting the requirement that they be in operation prior to January 1, 2019. Program Provisions Provide up to $15,000 to qualifying small businesses for expense reimbursement. o Calculated as lesser amount of operating deficiency or $15,000 “Operating deficiency” is defined as operating expenses, including rent, lease, supplies, payroll, or other expenses required to continue operations for which the business owner does not have. Long-term debt obligations such as a mortgage or bank loan are not considered operating expenses for the purposes of this program. o Reimbursement basis means the grant will cover losses already incurred, using the month ended March 2020 through August 2020 as the period defined. For-profit and non-profit (501(c)3) businesses are eligible. o Sole proprietorships operated out of homes and mobile businesses are eligible o Supporting documentation requirements may differ; the vendor will provide two separate portals Application period: October 19, 2020 – November 13, 2020 unless mutually extended by both parties. Grants will be provided on a rolling basis based on date of submission until funding is exhausted or grant period closes. Grantees may be asked to provide supporting documentation indicating how grant funds were spent. Funds not disbursed including interest income earned (if any) at the end of the Program will revert to County no later than December 14, 2020. Grant program will be administered by ACF. Pre-Qualifications Applicant certifies that the for-profit or non-profit business was in operation in Maricopa County prior to March 1, 2020. Applicant certifies they employed 50 or fewer full-time equivalents as of March 1, 2020. Applicant certifies they did not generate more than $400,000 in monthly gross sales (or revenues, in the case of non-profits) in any month between January 1, 2020 and the date of application. Business applicant certifies that they meet required zoning and regulatory requirements including: o Having the proper zoning entitlements o Not having any active enforcement actions against the applicant by Maricopa County or their respective city/town government o Being in substantial compliance meaning that the county or respective city/town has not taken any enforcement action authorized by law for any deficiencies. Applicant certifies that they are in good standing with the Arizona Corporation Commission. Grant Application Questions Name of Business Employer ID/Tax ID Number Additional Business Owner (if applicable) Business physical address (or home address of mobile vendor) C-06-20-573-M-00 Business owner’s contract information Business Type (LLC, Corporation, Partnership, Sole Proprietorship) Proof for 501(c)3 status (for non-profits) Business Short Description (briefly describe goods or services business provides/manufactures) Date Business Opened Number of full-time equivalents as of March 1, 2020 Current Number of full-time equivalents Description of impact COVID-19 has had on business Explanation of how grant will help business to retain employees and maintain viability Description of how funds will be utilized o Payroll, rent, utilities, accounts payable, vendors, etc. Voluntary business owner demographics o Gender o Race o Ethnicity o Disability status o Veteran status Required Documentation Schedule of monthly income statement (profit and loss statement) beginning with March 2020 through August 2020. Most recent W-9 or, for sole proprietors with no employees, social security number. Affidavit from applicant attesting to meeting each of the eligibility criteria. Proof of non-profit status, if applicable. Other documentation as necessary to demonstrate hardship as a result of COVID-19 pandemic. Process Per Section 3.1.3 of the contract, ACF will advertise and promote program through a variety of channels including but not limited to Facebook, Twitter, LinkedIn, chambers of commerce, and local small business associations to ensure the small business community is sufficiently notified ACF will create and host an online portal (separate applications for for-profit and non-profit businesses) from the beginning to the end of the grant period, ACF will provide online and phone-based support to applicants during regular business hours. o County may be asked to provide call center support during the program period. ACF will review the applications on a weekly basis to determine eligibility and make recommendations to the county for approval. o County may choose to verify tax identification numbers with IRS, or support ACF in this process. ACF will provide reports and retain records as required by the County. Exclusions The following businesses are not eligible for the Maricopa County Small Business Relief Program. Applicants must certify compliance with this provision. o Adult-oriented businesses as defined in A.R.S. Section 11-811 (E)(5). o Businesses engaged in the growth, harvest, storage, transport, distribution, use or otherwise providing cannabis for medical or recreational purposes. o Businesses owned, in whole or part, by a Maricopa County official or employee who, in their official capacity, participates in the oversight, development or implementation of the Maricopa program.