HomeMy WebLinkAbout2021-01-12 MMSBG Grant Agreements Item#5.
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MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Tori Cleary, Community Development Meeting Date: January 12, 2021
Presenter: Tori Cleary Estimated Time: 0.0
Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program
Recommended Council Action:
Approve 13 Grantee Agreements for the Meridian Small Business Grant Program.
The following Grantees have been approved through the City's Municipal Small Business Grant
Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act
funding. The Grantees, grant amounts, and grant purposes are listed below:
Amount
Grantee Approved PPE Testing Inventory Equipment Rent Utilities
Arete Food Group dba Gyro Shack $15,000.00 X
Bodovino LLC $15,000.00 X
Fina Beauty Nails&Co.LLC $4,925.82 X
Idaho Ballroom Dance Center LLC $8,121.00 X X
Idaho Professional Sewing $15,000.00 X
Integer Body Care $4,000.00 X
KA American Grille $15,000.00 X
Millington&Company,PLLC $3,593.03 X X
Praxis Limited Co. $9,810.0o X
Precious Hands Academy#2 $5,000.00 x
TBD Inc.dba Papa Murphy's Pizza $11,398.25 X
T.L. Hospitality LLC 1 $15,000.00 K
Waffle Love Meridian LLC $14,180.00 X
Background:
This is the sixth group of Agreements for approval under the Meridian Small Business Grant
Program, created through the City Council designation of$1 million of the City's CARES Act
funding allocation.
Following staff review of applications and confirmation of business/organization eligibility and
documentation of qualifying business expenses,grant applications are sent to a Review Committee
comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of
Commerce Economic Development Committee. Applications are then sent to the State Coronavirus
Financial Advisory Committee for approval and funding.
With more than $1.2 million in requests in the application queue, the Program officially closed on
December 30. There are 15 applicants on a waiting list should some of the applications in the
queue not fund at the full amounts requested. To-date, all 87 applications forwarded to the State
have been approved,totaling$659,747.19 in grant awards.
Page 69
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
ARETE FOOD GROUP, LLC DBA GYRO SHACK FOR IDAHO REBOUNDS —MUNICIPAL
SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this 12th day of January 2021- )by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Arete
Food Group, LLC DBA Gyro Shack, a limited liability company organized under the laws of the state
of Idaho ("Grantee").
WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations; and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand
dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG
funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1 page 70
Item#5.
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
II. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
MSBG GRANTEE AGREEMENT PAGE 2 page 71
Item#5.
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian Arete Food Group, LLC DBA Gyro Shack
Attn: Economic Development Administrator ATTN: Seth Brink, President
33 E. Broadway Avenue 12426 W Explorer Dr Suite 230
Meridian, Idaho 83642 Boise, ID 83713
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
MSBG GRANTEE AGREEMENT PAGE 3 page 72
Item#5.
directive as may become applicable at any time;
b, failure to fulfill in a timely and proper manner its obligations under this Agreement:
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports,or documents that are incorrect or incomplete in any
material respect.
t. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions.
Grantee shall, within fourteen (14) days of City's demand, reimburse City for all MSBG funds
disbursed.
N. Assignment. Grantee shall not assign or transfer any interest in this agreement without pnL�r
written consent of City.
1. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of thr>
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, not-A-ithstanding dela-,
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall complti A ith any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made apart of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their dul•.
authorized officers to be effective as of the day and year first above written.
GRANTEE:
Arete Food Group, LLC DBA Gyro Shack
Seth Brink, President
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
wXnnr fl-,......,., • T
Page 73
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 4033.33
Rent-August 4033.33
Rent-September 4033.33
Rent-October 4033.33
Total Eligible Expenses 16,133.32
Approved Amount 15,000.00
MSBG GRANTEE AGREEMENT PAWP 5 page 74
Item#5.
AGREEMENT BETWEEN CiTV OF MERIDIAN AND
BODOVINO LLC FOR IDAHO REBOUNDS — MUNICIPAL SMALL BUSINESS GRANT
FUNDS
This Agreement is entered into this 30 day of L'- -,ew-�w, 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Bodovino LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee").
WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR §
200.40,from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid. Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act'),the
State of Idaho ("State") created the Idaho Rebounds—Municipal Smal I Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their conununity, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations;and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11,
2020. City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S.Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines(collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose,availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand
dollars ($15,000), for the approved expenses, asset forth in Exhibit A. Grantee shall utilize MSBG
funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
1. Grantee has 500 or fewer employees.
MSBG GRANTEE AGRECMENT PAGE 1
Page 75
Item#5.
2. Grant cc is a butinecs Operating in the City of WT?dian, Idaho city limits.
3. Granim has an official FIN.
4. Grantee is an Idaho-domiciled hiicittess.
5. Grantee incurred and raid the expenses for which thy' MSBG fur&; are awarded.
G. c1miltec has incurred cvrenec enticed by COViD-19 related nvidents, decisions, or qualified
business imerrur0on (r.p- local cloeure orders. need for personal protective equipment. social
distan.mg regnircnlents. increased costs,disrupted nrMIy network, etc.).
7. Th.evrrnscs Iclr Which the MSBG hinds, are awarded were incurred between June 20. 2020
and Docember 30, 2020.
Ili. Grantee haw not received fiends for the expenses for which the MSBG funds are awarded from
othcr(X)VID-l9 grant prograins.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
doe-not directh lobby fcdcral or state officials, defined ac having had a registered lobbyist at
am point during 2020.
10.Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility. duplication of benefits. Grantee shall notify City immediately if, for any
reason. Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. if Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars(S15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG finds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under 1PRA or other provision of taw, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of=rant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
11. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally conuuitted the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such ft►nds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
MSBG GRANTEE AGREEMENT PAciP 2
Page 76
Item#5.
legal or equitable claim. In the event that MSBG finds for the purposes set forth in this Agreement
arc not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee,whether under this Agreement or under any legal or equitable claim_
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
if to City: if to Grantee:
City ot'hieridian Bodovino LLC
Attn: Economic Development Administrator ATTN: Daniel Rhodes. General Manager
33 E. Broadway Avenue 3630 E Monarch Sky Ln
Meridian, Idaho 83642 Meridian, 11) 93646
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
r
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers.
servants. guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims,actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors.
officials,officers, servants, guests,and/or invitees; and other costs,including litigation costs and
attornevs' fees,arising out of, resulting from, or in connection with the perfonnance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown,and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §1
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry,national origin, ses,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period,the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof,
2. Termination for cause. Termination of this Agreement, in whole or in part, tray occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule,
regulation, statute, executive order,or U.S. Treasury, State,or City guideline, policy or
directive as may become applicable at any time;
MSBG GRANTEE AGREEMENT PALL:3
r_
Page 77
Item#5.
b. Failure to fulfill ilia timely and proper manner its obligations under this Agreement;
c. Improper use of fiends provided under Ibis Agreement.; or
d. Submission of receipts, reports, or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. in the event that MSBG fiords for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
Obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In rile cvcnt of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, NN-ithin fourteen (14) days ofCity's demand, reimburse City for all MSBG funds
disbursed.
N. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
\\ritten consent of City.
I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by C ity's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
Bodovino LLC
Daniel Rhodes, General Manager
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT Pact:4
Page 78
,.-
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-November 7558.56
Rent-December 7558.56
Total Eligible Expenses 15,117.12
Approved Amount 15,000.00
MSBG GRANTEE AGREEMENT PACE 5
_ Page 79
Item#5.
FIRST AMENDMENT TO
AGREEMENT BETWEEN CITY OF MERIDIAN AND
FINA BEAUTY NAILS & CO LLC FOR IDAHO REBOUNDS —MUNICIPAL SMALL
BUSINESS GRANT FUNDS
This First Amendment to Agreement Between City of Meridian and Fina Beauty Nails & Co LLC
folaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this
day of , 2021 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized u der the laws of the State of Idaho ( "City") and Fina Beauty Nails & Co LLC, a
limited liability company organized under the laws of the state of Idaho ("Grantee").
WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of
Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement");
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree
as follows:
I. SECTION I.A.AMENDED. Section LA of the Agreement shall be amended to read as follows:
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed four thousand nine
hundred twenty five dollars and eighty two cents ($4,925.82), for the approved expenses, as set forth
in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this
Agreement, the MSBG Rules.
II. SECTION LD AMENDED. Section LD of the Agreement shall be amended to read as follows:
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty
(30) days of receipt of the specified funds by City.
III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First
Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall
remain in full force and effect. No other understanding, whether oral or written, whether made prior
to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise
affect the operation of the Agreement or this amendment thereto.
IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their
duly authorized officers to be effective as of the Effective Date first above written.
GRANTEE:
Fina Beauty Nails o LLC
E nic, wne
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison, Mayor Chris Johnson, City Clerk
Page 80
FIRST AMENDMENT TO MSBG AGREEMENT PAG P. 1
Item#5.
EXHIBIT A: APPROVED EXPENSES
Previously Requested Expenses
Eligible Expense Amount
Rent - June 911.28
Rent - July 2462.91
Rent -August 2462.91
Rent - September 2462.91
Rent - October 2462.91
Total Eligible Expenses 10,762.92
Approved Amount 10,000.00
Current Request
Eligible Expense Amount
Rent -November 2462.91
Rent -December 2462.91
Total Eligible Expenses 4,925.82
Approved Amount 4,925.82
Page 81
FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
IDAHO BALLROOM DANCE CENTER, LLC FOR IDAHO REBOUNDS—MUNICIPAL
SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this 12th day of January , 2021 by and between the City
of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Idaho
Ballroom Dance Center, LLC, a limited liability company organized under the laws of the State of
Idaho ("Grantee").
WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations; and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Eight Thousand, One
Hundred, Twenty-one Dollars ($8,121.00), for the approved expenses, as set forth in Exhibit A.
Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,
the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1 page 82
Item#5.
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
II. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
MSBG GRANTEE AGREEMENT PAGE 2 page 83
Item#5.
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian Idaho Ballroom Dance Center, LLC
Attn: Economic Development Administrator Attn: Martha Pohl, Owner
33 E. Broadway Avenue 943 W. Overland Road
Meridian, Idaho 83642 Meridian, ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or
MSBG GRANTEE AGREEMENT PAGE 3 page 84
41-cc1-WC 35-I my bc c rim v;A pp I ivib I e at rL n 1;aw'.
Failure to Jwf11j in�-.[I ii:cLy and prcipkc -.1,jj)FLs unjve 11,JS AgNemmil:
k;. Improper use of proviidi.� i-1.1,r -F
<t. SubmimL-om ofmixiLSAN, rcpL%m 1: or i rtwmplcku ill am
nlaww rcs]-w..
3. vpid if futLds[Lix mwaiii:mh6e- Irt the eyvat thiji: %I SR173 funds for the forth in this
AgT"--'ncn;are T�j m*e avERablic IG C3'tj,ih'kq Agree-nevi shul bv. W d City shall alZkv-p w
AL;ptiGn tQ Cimsimt. wh.ELht!r mder lhi�Agwm%mt ter iuvk-r.,my le�L ci-r equitable ctium.
-G, Rpppy me A. In Lk Lw�,nt r,4 icrmi milon tbr caum 4I(vr:.bLmb1c io Ciranwc-s 4m[ fir immuLom,
shall.ml Ili in fouric-m{[4j days ot'City's dmrlanl.relimbum'C.I Ly fOr.11L MSBQ funds
IL A.%4iVn M M1. �ranie*shaLl wj:nssigm f,-- -!�fey any i rLiewsk in lh-3%agr-Lvwmi �iLl;t}r_t prier
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�Lwh Wrm,and-my rigbi:cir Tcmudy h cm.r. .,- n1jiv 1scxmcn.cd al my arug.n7mithsimWing dchy
I r unforcemeriE.
a, Compliumv wish IA-m- 1'[LrR)kk*uL UL.,-ca-urse of-fis Apv,,-mu-n1%{1kn3o c- L tc �hal wmply i1h%ny
S1 at I a p p I i cahl.2 f�d c r A, s La Lo.and I o.;a L t.,Lws,
X 1FALMMM- All cx'hibits IG this AKrucrftell.azc ieb;�Orpora!Ld�i% rcr�rcnu and mwft i part or hitrruLif
as if tbR,cxhi K -v-em R� fcoift in aw-ir-cmim -herein,
%
L. Lutirr A:L,re,i i:cri i. Tn-5 Agrrcmrm cunOIM kFw-wim A}Lmriberii ofilm wrtles and�aipvTki]V&
any mkd al I ol!-: . .-i . jis or undcrstandImp,GTat or -heihei prcv kms to the cxccuticm
hVrWrCT Mr-It'l s hcw%-Yi;kb.'N,porllceL lKwo mey omm4 thi s Ag-ctmcw iii: any ti m,
provided AUL%L%.,j5&mL �rvcxuuicd in mji;lng,appmved by Citi's V%r%cMITLg 4,and
sigiccl Eq a duly mc1h0.-1'Ytd representudw of"6 pirm;.
IN WITN ESS NY ET ER Fg.-)P,;1 c 1mrUq Shad cau-st Lbise4pivmcrit;o ti-C C-Awrcd by th6r 4µjy
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GRAN-I'VE:
Idaho]boom DaLnc-c Ceder. LAC
MLLK.i PuilL
CITV:
Cato'of Meridian AtLCA;
By; R,3bW.r-,25irmilomi, %Jk4LI1 N 11a i<Cin, ('Icfk
Page 85
'A 5&U'j-RAxA Y.A rj F F.m L-N 3r
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
June Rent (2400.00) Prorated 879.84
July- Back Rent 1900.00
September Rent 100.00
October Rent 100.00
November Rent 100.00
December Rent 100.00
All Call Technologies-,rune(85.00}Prorated 31.16
All Call Technologies -July 86_00
All Call Technologies -August 85.00
All Call Technologies - September 86_00
All Call Technologies - October 86_00
All Call Technologies - November 86_00
All Call Technologies - December 85_00
Total Eligible Expenses 8,121.00
G RANT AWARD $8,121.U6
MSBG GRANTEE AGREEMENT PAUI 5 page 86
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
IDAHO PROFESSIONAL SEWING,LLC FOR IDAHO REBOUNDS—MUNICIPAL
SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this 12th day of January 2021 ,y and between the City
of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Idaho
Professional Sewing, LLC, a limited liability company organized under the laws of the State of Idaho
("Grantee").
WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations; and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Fifteen Thousand
Dollars ($15,000.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize
MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
1. Grantee has 500 or fewer employees.
MSBG GRANTEE AGREEMENT PAGG 1 page 87
Item#5.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
II. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
MSBG GRANTEE AGREEMENT PAGE 2 page 88
Item#5.
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian Idaho Professional Sewing, LLC
Attn: Economic Development Administrator Attn: Mina Masic, Owner/Manager
33 E. Broadway Avenue 3715 N. Patricia Lane
Meridian, Idaho 83642 Boise, ID 83704
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or
directive as may become applicable at any time;
MSBG GRANTEE AGREEMENT PAGE 3 page 89
Item#5.
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports, or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
Idaho Professional Sewing, LLC
Mina Masic, Owner/Manager
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE.4 page 90
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
June Rent+ NNN (2870.63) Prorated 1052.37
July Rent + NNN Charges 2870.63
August Rent + NNN Charges 2870.63
September Rent+ NNN Charges 2870.63
October Rent + NNN Charges 2870.63
November Rent + NNN Charges 2870.63
Total Eligible Expenses 15,405.52
GRANT AWARD $15,000.00
MSBG GRANTEE AGREEMENT PAUI 5 page 91
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
INTEGER BODY CARE FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS
GRANT FUNDS
This Agreement is entered into this 29 day of December. 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Integer Body Care, a general business corporation organized under the laws of the state of Idaho
("Grantee").
WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V. section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations; and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed four thousand dollars
($4,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds
granted hereunder in a manner consistent with this Agreement, the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1 page 92
Item#5.
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
II. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
MSBG GRANTEE AGREEMENT PAGE 2 page 93
Item#5.
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian Integer Body Care
Attn: Economic Development Administrator ATTN: Vickey Schmadeka
33 E. Broadway Avenue 1879 N Lakes Pl.
Meridian, Idaho 83642 Meridian, ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
MSBG GRANTEE AGREEMENT PAGE 3 page 94
Item#5.
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports, or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
L Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
Integer Body Care
Vickey Schmadeka
Vickey Schmadeka
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4 page 95
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-Sept/Oct/Nov/Dec 4000.00
Total Eligible Expenses 4,000.00
Approved Amount 4,000.00
MSBG GRANTEE AGREEMENT PAWP 5 page 96
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
KXS AMERICAN GRILLE RESTAURANT INC FOR IDAHO REBOUNDS—MUNICIPAL
SMALL BUSINESS GRANT FUNDS
1
This Agreement is entered into this !day of le 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and KJ's
American Grille Restaurant Inc, a general business corporation organized under the laws of the state of
Idaho ("Grantee").
WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"),the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-I 9-related business closures
or limitations; and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application.for MSBG funds, including all
related materials; and City and Grantee w1,sh to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand
dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG
funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1 page 97
Item#5.
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received fiends for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria.. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator,
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars (S 15,000.00), within
thirty(30) days of receipt of the specified fiends by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRX), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
H. GENERAL CONDITIONS
A. Contingent on funding.It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such fiends to City. Unless and until
the State approves Grantee's application and releases the fiends to City, City shall have no
MSBG GRANTEE AGREEMENT PAGE 2
Page 98
Item#5.
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian KJ`s American Grille Restaurant Inc
Attn: Economic Development Administrator ATTN: Kelly Saurey
33 E. Broadway Avenue 1565 S Meridian Rd
Meridian, Idaho 83642 Meridian, ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include,but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
MSBG GRANTEE AGREEMENT PAVE 3 Page 99
Item#5.
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
C. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports,or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed y a duly authorized representative of each party.
IN WIT E S WHE ' F,the parties shall cause this Agreement to be executed by their duly
authorize o icers to e effective as of the day and year first above written.
GRANTE
KFs Americ G le Restaurant Inc
Kelly S aurey
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4 Page 100
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-August 6000.00
Rent-October 6000.00
Rent- November 4500.00
Rent-December 4000.00
Total Eligible Expenses�20, 0.D0Approved Amount0.00
MSBG GRANTEE AGREEMENT 'AGE 5
Page 101
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
MILLINGTON & COMPANY, PLLC FOR IDAHO REBOUNDS--MUNICIPAL SMALL
BUSINESS GRANT FUNDS
This Agreement is entered into this 12th day of .January , 2021 by and between the City
of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and
Millington & Company, PLLC, a professional limited liability company organized under the laws of
the State of Idaho ("Grantee").
WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds---Municipal Small Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations; and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Three Thousand,
Five Hundred, Ninety-three Dollars and Three Cents ($3,593.03), for the approved expenses, as set
forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent
with this Agreement, the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1
Page 102
Item#5.
L Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020,
S. Grantee has not received funds for the expenses for which the MSBG fiords are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
II. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
MSBG GRANTEE AGREEMENT PAGE 2 Page 103
Item#5.
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian Millington& Company, PLLC
Attn: Economic Development Administrator Attn: Dallas Millington, Owner/Manager
33 E. Broadway Avenue 2541 N. Stokesberry Place, Suite 200
Meridian, Idaho 83642 Meridian, ID 83646
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry,national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a_ Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
MSBG GRANTEE AGREEMENT PAGE 3 page 104
Item#5.
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports, or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee,whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand,reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assignor transfer any interest in this agreement without prior
written consent of City.
I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement-
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
Millington& Company, PLLC
r
Dallas Mi in , Owner/Manager
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4 page 105
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Equip- Laptop for Remote Work 1007.00
Equip- Laptop, [disc.far Remote Work-
or 1643.00
Ooma Purchase 506_91
Equip- Modem, Router-Office WiFi 161.81
PPE- Face Masks-Amazon G126120 25,42
PPE- Face Masks-Amazon azon 8/29120 63.55
PPE- Face Flasks-Amazon 1V11,12 127_10
Hand Sanitizer 42.35
.Cleaning Supplies 15_89
Tatal Eligible Expenses 3,593-03
GRANT AWARD $3,593.03
MSBG GRANTEE AGREEMENT PAGE 5 page 106
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
PRAXIS LIMITED CO FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS
GRANT FUNDS
This Agreement is entered into this `day of L�� , 2424 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Praxis
Limited Co, a limited liability company organized under the laws of the state of Idaho ("Grantee").
WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 fit seq. (the "CARES Act"),the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG")
program to help local businesses and organizations affected by COV€D-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations; and
WHEREAS, pursuant to the State's approval ofMeridian's MSBG program on September 11,
2020, City seeps to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic,as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to eater into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed nine thousand eight
hundred ten dollars ($9,810), for the approved expenses, as set forth in Exhibit A. Grantee shall
utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG
Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1
Page 107
Item#5.
L Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption (e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20,2020
and December 30, 2020.
S. Grantee has not received fluids for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City ofMeridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
11. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
MSBG GRANTEE AGREEMENT PAGE 2
Page 108
Item#5.
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian Praxis Limited Co
Attn: Economic Development Administrator ATTN: Caleb Hansen, Owner
33 E. Broadway Avenue 3163 East Fairview Ave Suite 150
Meridian, Idaho 83642 Meridian, ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
MSBG GRANTEE AGREEMENT PAGE 3
Page 109
Item#5.
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports, or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall he void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
1. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
Praxis Limited Co
Cal n'se n, Ow er
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAG I i
Page 110
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 1635.00
Rent-August 1635.00
Rent-September 1635.00
Rent-October 1635.00
Rent-November 1635.00
Rent-December 1635.00
Total Eligible Expenses 9,810.00
Approved Amount 9,810.90
MSBG GRANTEE AGREEMENT PAGE 5 page 111
Item#5.
FIRST AMENDMENT TO
AGREEMENT BETWEEN CITY OF MERIDIAN AND
PRECIOUS HANDS ACADEMY LLC DOING BUSINESS AS PRECIOUS HANDS
ACADEMY#2 FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS
This First Amendment to Agreement Between City of Meridian and Precious Hands Academy
LLC doing business as Precious Hands Academy#2 for Idaho Rebounds—Municipal Small Business
Grant Funds("First Amendment")is entered into this 31_day of rj 2020("Effective
Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the
State of Idaho("City")and Precious Hands Academy LLC doing business as Precious Hands Academy
#2, a limited liability company organized under the laws of the State of Idaho("Grantee").
WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of
Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement");
NOW,THEREFORE,in consideration of the mutual covenants of the parties,the Parties agree
as follows:
I. SECTION I.A.AMENDED.Section I.A of the Agreement shall be amended to read as follows:
A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand
Dollars($5,000),for the approved expenses,as set forth in Exhibit A. Grantee shall utilize MSBG
funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules.
II. SECTION I.D AMENDED.Section I.D of the Agreement shall be amended to read as follows:
D.Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses,as set forth in Exhibit A,up to fifteen thousand dollars($15,000.00),within thirty
(30)days of receipt of the specified funds by City.
HI.No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First
Amendment,all provisions of the original Agreement,including recitals and exhibits thereto,shall
remain in full force and effect. No other understanding,whether oral or written,whether made prior
to or contemporaneously with this First Amendment shall be deemed to enlarge,limit or otherwise
affect the operation of the Agreement or this amendment thereto.
IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their
duly authorized officers to he effective as of the Effective Date first above written.
GRANTEE:
Precious Hands Academy LLC
doing business as Precious Hands Academy#2
._
Janelle Corona,Owner/Manager
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison,Mayor Chris Johnson,City Clerk
FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1
Page 112
Item#5.
EXHIBIT A: APPROVED EXPENSES
Previously Approved Expenses
Eligible Expense Amount
August Rent 5279.00
September Rent 5438.00
Total Eligible Expenses 10,717.00
GRANT AWARD $10,000.00
Current Request
Eligible Expense Amount
November Rent 5438A0
Total Eligible Expenses 5,438.00
GRANT AWARD#2 $5,000.00
FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2
Page 113
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
TL HOSPITALITY LLC FOR IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS
GRANT FUNDS
This Agreement is entered into this 0 L
L day of�, 2021 by and between the City
of Meridian, a municipal corporation organized under the laws of th state of Idaho ("City") and TL
Hospitality LLC, a limited liability company organized under the laws of the state of Idaho
("Grantee").
WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the"CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-1 9-related business closures
or limitations; and
WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act;Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A;U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand
dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG
funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1
Page 114
Item#5.
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
H. GENERAL CONDITIONS
A. Contingent on funding.It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
the State approves Grantee's application and releases the funds to City, City shall have no
MSBG GRANTEE AGREEMENT PAGE 2
Page 115
i
i
Item#5.
contractual, legal, or equitable obligation to Grantee,whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG fiends for the purposes set forth in this Agreement
are not made available to City,this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian TL Hospitality LLC
Attn: Economic Development Administrator ATTN: Terri Haeckl, Owner
33 E. Broadway Avenue 2483 E. Fairview Ave. Ste., 105
Meridian, Idaho 83642 Meridian, ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed,religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period,the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof
2. Termination for cause. Termination of this Agreement, in whole or in part,may occur for
cause, which shall include,but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
MSBG GRANTEE AGREEMENT PAGE 3
Page 116
Item#5.
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports,or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
TL Hospitality LLC
Terri Haeckl, Owner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
Page117
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 1707.16
Rent-July 4481.59
Rent-August 4613.94
Rent-September 4613.94
Total Eligible Expenses 15,416.63
Approved Amount 15,000.00
MSBG GRANTEE AGREEMENT PAGE 5
Page 118
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
WAFFLE LOVE MERIDIAN LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL
BUSINESS GRANT FUNDS�,,�� .
This Agreement is entered into this S -
%ay of�"�2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Waffle Love Meridian LLC, a limited liability company organized under the laws of the state of Idaho
("Grantee").
WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR
200.40, from the Coronavirus Relief Fund;designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures
or limitations; and
WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fourteen thousand
one hundred eighty dollars ($14,180), for the approved expenses, as set forth in Exhibit A. Grantee
shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the
MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
MSBG GRANTEE AGREEMENT PAGE 1 Page 119
Item#5.
Grantee meets each of the following criteria:
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption (e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within
thirty(30) days of receipt of the specified funds by City.
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
II. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
MSBG GRANTEE AGREEMENT PAGE 2 Page 120
Item#5.
the State approves Grantee's application and releases the funds to City, City shall have no
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian Waffle Love Meridian LLC
Attn: Economic Development Administrator ATTN: Stephanie Bennett, Owner
33 E. Broadway Avenue 2309 W. SAN REMO DRIVE
Meridian, Idaho 83642 MERIDIAN, ID 83646-3201
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed,religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five (5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
MSBG GRANTEE AGREEMENT PAGE 3 Page 121
Item#5.
regulation, statute,executive order, or U.S. Treasury, State, or City guideline, policy or
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports,or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
1. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
Waffle ve Meridian LLC
Steph ennett, Owner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4 Page 122
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-September 3545.00
Rent-October 3545.00
Rent-November 3545.00
Rent-December 3545.00
Total Eligible Expenses 14,180.00
MSBG GRANTEE AGREEMENT PAGE 5 Page 123
Item#5.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
TBD INC DBA PAPA MURPHY'S PIZZA FOR IDAHO REBOUNDS—MUNICIPAL SMALL
BUSINESS GRANT FUNDS
This Agreement is entered into this day of�, 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and TBD
Inc dba Papa Murphy's Pizza, a general business corporation organized under the laws of the state of
Idaho ("Grantee").
WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR §
200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG")
program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities
and counties to provide aid within their community, including by the provision of economic support to
those suffering from employment or business interruptions due to COVID-I 9-related business closures
or limitations; and
WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of
expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG Rules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of MSBG funds for the purposes described therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committed the funds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval
of Grantee's application and release of such funds to City, and that City's obligation to provide
funding to Grantee under this Agreement is provisional, pending the approval and release of such
funds to City;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed eleven thousand
three hundred ninety eight dollars and twenty five cents ($11,398.25), for the approved expenses,
as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner
consistent with this Agreement, the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
MSBG GRANTEE AGREEMENT PAGE 1
Page 124
Item#5.
Grantee meets each of the following criteria:
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
3. Grantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds are awarded.
6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified
business interruption(e.g., local closure orders, need for personal protective equipment, social
distancing requirements, increased costs, disrupted supply network, etc.).
7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020
and December 30, 2020.
8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from
other COVID-19 grant programs.
9. Grantee does not exist for the purpose of advancing partisan political activities or the business
does not directly lobby federal or state officials, defined as having had a registered lobbyist at
any point during 2020.
10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and
regulations.
C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or
more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources
for the expenses described in this Agreement, Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the
approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars (S15,000.00), within
thirty(30) days of receipt of the specified funds by City-
E. Disclosure and retention of records. Grantee acknowledges and understands that records
submitted for the purposes of applying for MSBG funds; compliance with the terms of this
Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to
disclosure by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar
as such records are exempt from disclosure under IPRA or other provision of law, City shall make
reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent
to the expenditures incurred under this Agreement for a period of five (5) years after completion of
all activities funded under this Agreement. The name of the business and the amount of grant funds
received will be identified on the transparent.idaho.gov website and on the City of Meridian's
Economic Development webpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
H. GENERAL CONDITIONS
A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and the State has generally committed the funds as set forth in this
Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to
the State's approval of Grantee's application and release of such funds to City. Unless and until
MSBG GRANTFE AGREEMENT PAGE 2
Page 125
Item#5.
the State approves Grantee's application and releases the funds to City, City shall have no
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement
are not made available to City, this Agreement shall be void, and City shall have no obligation to
Grantee, whether under this Agreement or under any legal or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
If to City: If to Grantee:
City of Meridian TBD Inc dba Papa Murphy's Pizza
Attn: Economic Development Administrator ATTN. Doug Miller, Owner
33 E. Broadway Avenue 14150 N Broken Horn Rd
Meridian, Idaho 83642 Boise, ID 83714
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all
losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status or status with regard to public assistance.
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have five(5) days to cure the
deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time
period, the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for
any further participation in City grant programming.
l. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to,the following:
a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule,
MSBG GRANTEE AGREEMENT PAGE 3
Page 126
Item#5.
regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports, or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GRANTEE:
TBD Inc dba Papa urphy'jPia
Doug Miller, weer
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
Page 127
Item#5.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Bargreen Ellingson Order#2102764775 7241.92
Bargreen Ellingson Order#2102721244 1378.00
Bargreen Ellingson Order#2102706262 2241.90
Bargreen Ellingson Order#2102706266 523.11
Lowes-tape for floors 13.32
Total Eligible Expenses 11,398.25
MSBG GRANTEE AGREEMENT PAGE S
Page 128