20-21 RESOLUTION NO. 20-21
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ESTABLISHING THE CLEARWATER'S BACK TO BUSINESS
GRANT AND PROFESSIONAL SERVICES PROGRAM TO
SUPPORT ECONOMIC DEVELOPMENT THROUGH SMALL
BUSINESS GRANTS AND TECHNICAL SUPPORT; PROVIDING
FOR THE TERMS OF THE PROGRAM; MAKING FACTUAL
DETERMINATIONS AND LEGISLATIVE FINDINGS OF A PUBLIC
PURPOSE; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Secretary of Health and Human Services (HHS) of the United States
declared a public health emergency on January 31, 2020 in response to a novel new coronavirus
known as SARS-CoV-2 (Coronavirus) and its resulting respiratory disease, (Covid-19); and
WHEREAS, the Governor of the State of Florida issued Executive Order 20-51 on March
1, 2020, directing the Florida Department of Health to issue a public health emergency as a result
of the Coronavirus and Covid-19; and
WHEREAS, in response to the Governor's direction, the Florida State Health Officer and
State Surgeon General declared a public health emergency on March 1, 2020; and
WHEREAS, to mitigate the spread and effect of Covid-19, the Governor of the State of
Florida declared a state of emergency for the State of Florida by issuing Executive Order 20-52
on March 9, 2020; and
WHEREAS the World Health Organization declared a global pandemic on March 12, 2020
due to the Coronavirus and Covid-19; and
WHEREAS the Pinellas County Board of County Commissioners declared a state of
emergency on March 13, 2020 by passing Resolution 20-16; and
WHEREAS the City of Clearwater declared a state of emergency for the City of Clearwater
on March 18, 2020, with subsequent extensions necessary to mitigate the ongoing threat of
Covid-19; and
WHEREAS, on March 17, 2020, the Governor of the State of Florida issued Executive
order 20-68, curtailing, among other things, bars, pubs, and nightclubs, and restricted restaurant
occupancy and hours for alcohol service; and
WHEREAS, on March 20, 2020, the Governor of the State of Florida issued Executive
order 20-71, which required all restaurants to close except for takeout and delivery services, and
ordered the closure of all gyms; and
WHEREAS, Pinellas County issued Safer-at-Home Order 20-20, effective March 26,
2020; and
WHEREAS, effective April 3, 2020, the Governor of the State of Florida issued Executive
Order 20-91, and Pinellas County passed Resolution 20-23 on April 2, 2020, effectuating the
Governor's Executive order-20-91, both of which required non-essential businesses, including
small businesses in Clearwater, to cease operations and provided for certain enumerated
essential businesses to continue operations with significant restrictions; and
Resolution No. 20-21
WHEREAS, as a result of the series of Executive Orders, Stay at Home Orders, local
declarations, and overall efforts to contain the spread of Covid-19 at the federal, state and local
levels, small businesses in Clearwater have been forced to minimize operations or completely
cease operations, resulting in severe, mounting economic damage; and
WHEREAS, due to the economic impact of the COVID-19 pandemic, the federal
government adopted the Coronavirus Aid, Relief and Economic Security Act (CARES)to provide
$376 billion in relief to small businesses, among others, and the State of Florida, through its
Department of Economic Opportunity, has initiated programs to provide financial relief to small
businesses, and Pinellas County has implemented its Pinellas Cares Small Business Grants
Program; and
WHEREAS, the City of Clearwater finds it necessary to support small businesses within
Clearwater by adopting and implementing the Clearwater's Back to Business Grant and
Professional Services Program to provide direct emergency relief to small businesses in order to
retain economic development within Clearwater despite the full or partial mandatory closures; and
WHEREAS, by this Resolution, the City Council of the City of Clearwater adopts and
directs the implementation of the Clearwater's Back to Business Grant and Professional Services
Program through small business grants and professional support to sustain small businesses and
promote economic developments goals that are in the best interest of the health, and well-being
of the citizens of Clearwater; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. The City Council of the City of Clearwater hereby makes the following factual
determinations and legislative findings:
a. That the above Whereas clauses are a summary describing a global health pandemic
and the actions taken by governments at all levels to mitigate the spread and damage
done by the novel coronavirus which causes the respiratory disease Covid-19. The
Whereas clauses are hereby incorporated into these findings.
b. The Florida Legislature finds and declares in §166.021(8)(a) that the State of Florida
• faces increasing competition from other states and countries for retention of private
businesses, and as a result, there is a need to enhance and expandeconomic activity
by attracting and retaining activities. conducive to economic promotion, thereby
stabilizing the economy, enhancing and preserving purchasing power and
employment opportunities for its residents.
c. The Florida Legislature declares in§166.021(8)(a)that it is necessary and in the public
interest to facilitate the growth and creation of business enterprises in the
municipalities of the state.
d. The Florida Legislature expressly declares in §166.021(b) that the governing body of
a municipality may expend public funds to attract and retain business enterprises, and
the use of public funds toward the achievement of such economic development goals
constitutes a public purpose.
e. Public policy, namely, maintaining and preserving the health and welfare of the citizens
of the nation, the State of Florida, and more specifically, Clearwater, has dictated the
full or partial closure of small businesses through no fault of their own.
f. Small businesses are vital to Clearwater's economic development, the employment of
its citizens, and the vitality of its culture, the permanent closure of which will have
drastic detrimental impacts including but not limited to, unemployment, poverty,
2 Resolution No. 20-21
homelessness, crime and a massive negative impact on the general health of
Clearwater citizens.
g. The national unemployment rate as a result of Covid-19 is at the highest level since
the Great Depression.
h. Clearwater's Back to Business Grant and Professional Services Program serves a
public purpose as contemplated by the Florida Legislature in §166.021 by providing
emergency financial support to qualifying, impacted small businesses to fund
employee wages, pay vendor bills and rent, and fund necessary professional services
in order to sustain and retain the businesses in the City of Clearwater during the Covid-
19 pandemic.
i. By Clearwater providing support to small businesses through the Clearwater's Back to
Business Grant and Professional Services Program, and counteracting the negative
impacts as described above, the public experiences substantial benefit.
j. The Clearwater's Back to Business Grant and Professional Services Program does
not cause the City of Clearwater to absorb any existing, new, or ongoing financial
liability or debt, directly, or indirectly, from the grantees of the Program, nor does it
result in the City of Clearwater entering into stock ownership in, or joint ownership of,
the businesses supported.
Section 2. The Clearwater's Back to Business Grant and Professional Services Program,
attached and incorporated herein as Exhibit "A", is hereby adopted.
Section 3. The City Manager or his designee shall implement the Program, oversee
applications and related processes thereunder.
Section 4. Each provision of this Resolution shall be separate and severable, and if any
provision or portion hereof is held to be invalid by a court of competent jurisdiction, that portion
shall be deemed not to be included and the remainder of this Resolution shall be unaffected.
• Section 5. This resolution shall take effect immediately upon adoption and shall terminate
on XXXXXX)(X, unless extended or earlier terminated by the City Council of the City of
Clearwater.
411
PASSED AND ADOPTED this 7 day of _-)tliaLi , 2020.
7
nk Hibbard
Mayor
vy.Approved as to form: Attest: .` $� *y
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zi
e,,,'• Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk sir'
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3 Resolution No. 20-21