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Guidelines ForFinancial AssistanceLake OntarioSmall Business RecoveryFundState of New YorkAndrew M. Cuomo, GovernorEmpire State DevelopmentGuidelines - Page 2Guidelines for theLake Ontario Small Business Recovery Fund(Adopted and Amended May 2017)ProgramThe Lake Ontario Small Business Recovery Fund (the "Program") is a program administered bythe New York State Urban Development Corporation d/b/a Empire State Development ("ESD")to provide assistance to eligible small businesses that sustained direct physical flood-relateddamage related to Lake Ontario flooding. New York State has allocated $5 million to be usedto provide grants for physical losses to real property and other tangible assets related to LakeOntario flooding.Grants may be used for physical losses to structures and other tangible assets related to LakeOntario flooding. Grants of up to $20,000 may be provided for such losses which either have notor will not be compensated by any other federal, state or local recovery program or any thirdpartypayors. The losses must have occurred on or after April 1, 2017. Program Assistance willbe calculated at fifty percent (50%) of the net eligible loss not to exceed $20,000. In order to beeligible for funding the business must have been in operation up until April 1, 2017.Program AssistanceGrants of up to $20,000 may be provided for flood-related losses which either have not or willnot be compensated by any other federal, state or local recovery program or any third-partypayors. The losses must have occurred on or after April 1, 2017. Program Assistance will becalculated at fifty percent (50%) of the net eligible loss not to exceed $20,000.Physical loss to structuresBusinesses may be eligible for assistance to help with direct physical flood-related damage,including but not limited to repair or replacement of damaged or destroyed real property andother tangible assets including equipment, furniture, fixtures, supplies, and inventory. Lossesmust be for property and items used or created in the normal and customary course of operations.Eligible AreaTo be eligible for assistance under the Program the business must be located in Cayuga,Jefferson, Monroe Niagara, Orleans, Oswego, St. Lawrence and Wayne counties at the time itsustained the loss.Eligible EntitiesAn "Eligible Entity" shall mean:i. a for-profit business establishment engaged in a retail or service enterprise filing taxes asa New York State business;ii. its operation is located within Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St.Lawrence and Wayne counties; and,iii. resident in New York State, independently owned and operated, not dominant in its fieldand employs one hundred or fewer persons.Guidelines - Page 3Ineligible Entitiesi. Casinos or other gambling establishments, or adult entertainment facilities.Reimbursed LossReimbursed Loss shall mean a loss that has been or will be reimbursed by grants or otherassistance received from the local, state or federal governments, and/or third-party payersreceived by the business or for its benefit. A loan that a business obtained and used to pay thecost of replacement or repair of a loss is not considered a Reimbursed Loss.ApplicationApplications will be accepted continuously through December 31, 2017. A business shouldsubmit one application when all documentation of loss and repair can be established as describedin the program application.An Eligible Entity must file a complete application for grant assistance. A complete applicationincludes:(i) an original completed and signed application form;(ii) a copy of federal business tax return filed for 2015;(iii) a copy of federal business tax return filed for 2016;(iv) a copy of signed ST-100 (New York State Quarterly Sales and Use Tax Return) as filedwith the NYS Department of Tax and Finance for Quarter 4 (March – June) for the 2017tax year;(v) documentation verifying physical loss to real property and/or tangible assets from aninsurance carrier, the Small Business Administration or a New York State licensedinsurance adjuster;(vi) documentation of compensation received from any other grant or other assistance fromlocal, state, or federal governments, third party private assistance, or insurance;(vii) copies of all federal, state and/or local permits for the repairs to physical structures;(viii) photocopy of the lease, deed, or permit for the premises where the business is located;(ix) photocopies of both sides of cancelled checks for rent or mortgage payment or aphotocopy of a utility bill for the premises which shows service provided;(x) an original completed Internal Revenue Service (IRS) Form W-9(http://www.irs.gov/pub/irs-pdf/fw9.pdf);Grants may be conditionally approved based on the information above but funds will not bedisbursed until the following information is received:(i) documentation of repairs and/or replacement of physical property and tangible assetsincluding, but not limited to, copies of invoices, cancelled checks, bank statements and/orcredit card receipts. Cash payments will not be reimbursed.ESD may require additional or alternative documentation as ESD deems necessary.Application ReviewESD may give preference to applicants that demonstrate the greatest need, based on availableflood damage data provided by applicable agencies. All payments will be made by electronictransfer. In accordance with IRS regulations all Program Assistance disbursed will be reportedGuidelines - Page 4by ESD to the IRS and ESD shall mail a Form 1099 to the Program Assistance recipient, at theaddress provided in the application.Program Assistance RecaptureESD may require the Eligible Entity to repay any Program Assistance received under thisprogram in the following events:(i) if its application, including any information provided therewith or thereafter,contains any material misrepresentations or is incomplete;(ii) if the Program Assistance was awarded or disbursed in error and the EligibleEntity is not entitled to assistance under these Guidelines; or(iii) if supporting documentation for actual Eligible Loss incurred and ReimbursedLoss is not true and complete.In the event the Eligible Entity receives insurance payments and/or additional grants orassistance for an item of Eligible Loss that has been reimbursed with Program Assistance, theEligible Entity shall immediately repay to ESD the Program Assistance proceeds correspondingto such item.In the event of any fraudulent misrepresentations by the Eligible Entity, in addition to therecapture of Program Assistance, ESD may pursue other legal remedies and refer the matter tothe appropriate governmental authorities for investigation and prosecution.Audit and ControlESD may conduct site visits and audit applications on a random or specified basis for a periodextending to six years after the final disbursement of the Program Assistance to the EligibleEntity. ESD reserves the right to contact insurance companies and other federal, state and localgovernmental agencies to confirm information included, or that should have been included, inthe applications.Disclosure of InformationEach Eligible Entity must agree to allow:(a) the Department of Taxation and Finance to share its tax information with ESD.However, any information shared as a result of this agreement shall not be available fordisclosure or inspection under the state freedom of information law;(b) the Department of Labor to share its tax, employer or other information with ESDrelevant to flood recovery funding. However, any tax information shared as a result ofthis agreement shall not be available for disclosure or inspection under the state freedomof information law;(c) any federal, state, local governmental agency or authority that has or is providingflood recovery funding will agree to share relevant information with ESD. Anyinformation shared as a result of this agreement shall not be available for disclosure orinspection under the state freedom of information law; and(d) ESD and its agents access to any and all books and records ESD may require tomonitor compliance.Guidelines - Page 5Except as required by applicable law or regulations, ESD will endeavor to maintain theconfidentiality of tax and rent information submitted as part of the application. Notwithstandingthe foregoing, such information may be made available to ESD staff and designated individualsthat are processing the application and to federal, state or local officials and to auditorsevaluating the Program and others as ESD may deem to be required in accordance withapplicable law and regulations, including judicial orders and subpoenas.Availability of FundsThe disbursement of any program assistance is explicitly subject to the approval of ESD and thereceipt by ESD of a sufficient amount of Program funds from the State of New York acting byand through the New York State Division of the Budget.Non-DiscriminationESD’s non-discrimination policy will apply. The Eligible Entity shall not unlawfullydiscriminate against employees or applicants for employment because of race, creed, color,national origin, sex, sexual orientation, age, disability or marital status.Amendments to GuidelinesESD may amend these guidelines from time to time.Additional InformationThe Eligible Entity can access the application form and instructions, these Guidelines, anyamendments to these Guidelines and additional information about the Program at the ESD website at www.esd.ny.gov. Information can also be obtained by calling 518/292-5100.Application SubmissionsApplications will be accepted continuously through December 31, 2017. A complete applicationpackage must be mailed to:Empire State DevelopmentAttn: Lake Ontario Business Flood Recovery Grant Program625 BroadwayAlbany, NY 12245All applications must be postmarked by December 31, 2017. Applications postmarked after suchdate may be rejected by ESD. Based on interest in the program and the availability of programfunds, the deadline for submission of applications may be extended by ESD at its discretion.