#1 - ACF INC. C_06_20_573_M_00 AMENDMENT _1 FINAL.PDF
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C-06-20-573-M-00 AMENDMENT No. 1 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 the Small Business Relief Program dated August 10, 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 Small Business Program shall be extended as outlined below and will incorporate a revised Scope of Work titled, Small Business Program 2.0 effective September 28, 2020 as attached. The maximum not-to- exceed fee for services will increase from $500,000 to $1,727,500 over the term of the contract. 2. Section 3.1.1.1 The portal availability shall be extended from 10/2/2020 until 10/30/2020. 3. Section 3.1.2 The date shall be extended from 10/2/2020 until 10/30/2020. 4. Section 3.1.4 The Contractor will submit all Small Business Program 2.0 requirements beginning on September 28, 2020. 5. Section 3.1.5 For Small Business Program 2.0, the notification period will change from 2 days to 5 days effective September 28, 2020. 6. Section 3.3.12 Any funds not disbursed by November 20, 2020 will be returned to the County by November 30, 2020. Funds from grantees that fail to cash a check or returns funds shall be returned to the County no later than December 20, 2020. 7. Section 10.1 The county shall pay the contractor a fee at the rate of 3.25% for all funds disbursed by the contractor above $22 million and below $62 million with the total fee paid for service for the entire contract not to exceed $1,727,500. County shall pay the contractor a minimum fee of $150,000 for funds disbursed by the contractor above $22 million. 8. Section 10.1.1 Restated to: Upon approval of this contract, or as mutually agreed upon, the County shall wire transfer (or by ACH) $5 million (increments) to the Contractor. Additional funds, up to the total Program amount of $40 million will be transferred to the Contract on a mutually agreed upon schedule. Contractor may deduct 3.25% administrative fee from each $5 million transfer after the work has been performed. 9. Revised Scope of Work for Small Business Program 2.0 attached. 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 Steven G. Seleznow, President & CEO Printed Name and Title 2201 E. Camelback Rd., Ste. 405B, Phoenix, AZ 85016 Address 9/22/2020 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: Small Business Program 2.0 REVISED FROM ORIGINAL SCOPE OF WORK Program Title The program shall be referred to as the Maricopa County Small Business Relief Program. Purpose The purpose of the Maricopa County Small Business Relief Program is to support the continued viability of small businesses experiencing financial hardship due to the COVID-19 Pandemic. Program Provisions Provide up to $25,000 to qualifying small businesses for expense reimbursement o Calculated as lesser amount of actual loss or $25,000 o Reimbursement basis means the grant will cover losses already incurred, using the month ended March 2020 through June 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; ACF will provide two separate portals Application period: August 17, 2020 – October 30, 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 20, 2020. Grant program will be administered by Arizona Communities Foundation Pre-Qualifications Applicant certifies that the for-profit or non-profit business was in operation in Maricopa County prior to January 1, 2019. Applicant certifies they employed 50 or fewer full-time equivalents as of March 1, 2020. Applicant certifies they did not generate more than $5 million in gross sales (or revenues, in the case of non-profits) between January 1, 2019 and December 31, 2019. Applicant certifies that gross sales or revenues declined by at least 25% as a result of COVID-19 from March through June 2020 compared to March through June 2019. 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) Business owner’s contract information Business Type (LLC, Corporation, Partnership, Sole Proprietorship) Proof for 501(c)3 status (for non-profits) C-06-20-573-M-00 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, debt, 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 gross sales (or revenues, for non-profits), beginning with January 2019 and ending with most recently closed month. Documentation of 2019 and 2020 monthly totals (e.g., income statement, profit and loss statement, point-of-sales reports, computer sales summaries, copies of sales tax filings – TPT or Transaction Privilege Tax filed with the State or Arizona). 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.