HomeMy WebLinkAbout2021-01-26 MMSBG for 4 applicant's (CARES) Act Item#13.
C� fIEN ,
IN4,
IDAHG-.
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Tori Cleary, Community Development Meeting Date: January 26, 2021
Presenter: Tori Cleary Estimated Time: 0.0
Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program
Recommended Council Action:
Approve four 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
Alma Sports LLC $8,229.80 X X X
E.James Paris School of Music $168.00 X
La Creme LLC $15,000.00 X
Yost Construction LLC 1 $7,171.741 1 X
Background:
This is the eighth 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.As of January 19, 2021, the City is awaiting State
approval of 25 applications. The State has approved and funded 87 applications, totaling
$659,747.19 in grant awards.
Page 321
Item#13.
FIRST AMENDMENT TO
AGREEMENT BETWEEN CITY OF MERIDIAN AND
ALMA SPORTS LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS
GRANT FUNDS
This First Amendment to Agreement Between City of Meridian and Alma Sports LLC for Idaho
Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 26th day of
January , 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ( "City") and Alma Sports 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 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 Eight Thousand,
Two Hundred, Twenty-nine Dollars and Eighty Cents ($8,229.80), 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.
U. 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.
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:
Alma Sports LLC
Mark Phillips, e /Manager
CITY OF MERID .
By: Attest:
Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021
Page 322
FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1
Item#13.
EXHIBIT A: APPROVED EXPENSES
Previously Approved Expenses
Eligible Expense Amount
June Rent-$900 Partial Payment,Prorated 329.94
July Rent-Partial Payment 937.00
August Rent-Partial Payment 600.00
September Rent-Partial Payment 837.00
October Rent-Partial Payment 987.00
November Rent 1037,00'
Member Entry System 1200.00
Member Entry System 35.00
Idaho Power-July(84.84)Prorated 14.63
Idaho Power-August 103.54
Idaho Power-September 117.92
Idaho Power-October 84.48
Idaho Power-November 76.49
Sparklight-June(74.66)Prorated 27.37
Sparklight-July 77,33
Sparklight August 76.00
Sparklight-September 79.00
Sparklight-October 75.11'
Sparklight-November 75.39
Total Eligible Expenses 6,770.20
GRANT AWARD $6,770.20
Current Request
Eligible Expense Amount
July Rent-Remaining Due 900.00
August Rent-Remaining Due 1237.00
September Rent-Remaining Due 1000.00
October Rent-Remaining Due 850.00
November tent-Remaining Due 800.00
December Rent 1837.00
Idaho Power-December 81.59
Idaho Power-January(Due Date) 84.03
Sparklight-December 74.98
Camera to Record Classes 529.99
Memory Card 42.39
Computer to Stream/Edit Recorded Classes 847.99
Total Eligible Expenses 8,284.97
GRANT AWARD#2 $8,229.80
FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Page 323
Item#13.
AGREEMENT BETWEEN CFI'Y OF MERIDIAN AND
E. JAM"S PARI �S"OOL OF M USIC FOR I DAHO R.EBOV N DS— M UNICIPAL SMALL
BUS]N FSS GRANT FUNDS
this Agreement is entered into this 16 day of "ALP Y . 2021 by atid I tween the City
of Mcridiam a murur-ipal corpomiorti organized under the laws of the state of Idaho (`City") and F;-
J=es Paris School of Music, a general business organi 1 undtr Ilic laws of the sude of Idaho
('GranlCc").
WFIERFAS, having rece ived federal fumRw ial aswistwwc, as sucb term is defined in 2 CFR
-200.40,from the Coronavirus R.cli,cf fund, dcsilgrrated with i n 7 itle V, section 5001 of the: Coronavuus
A id, Relief, and F'oonGm is Security Act, P.L. 11 b-l 3 6, 42 U,S,C. § 601 ee serf- (the "CARE S Am').the
Stntc-of Idaho ("State"") created the Tclnbo Reboun& - Municipal.SniaJI Busing Gram
program to help local businesses and orgy UZmi"s affected by (X)v I D-19 pandemic, Cmibling citiC5
and counllcs icy pro vide and %,ith i n Ehe i r conirnuni�v, including by the provision ut`ewinom is support to
those suffcrin,g from cmp1Qynxn1 or twitbess interruptions due to COVID-l9-relates! b�tsinm Closures
or i4niWons; and
WHEREAS, pursuant to the Mate`s approval of Wridiares MSBC3 prognm on 4eprembe r 11;
2020, Crty seeks to disburse MSBG timas w Meridian &nial I businesses for the rcimburwrncnt of
c:xprnses irw urrt d due to the(0V I D-19 pandemic, as set forth in Tit1c V, se4tiori 5(N)I of the CARES
Act, Idaho Govcrnur's Execulive t lyder Nos- 20?0-07, 20 0-09, and 2020-ORA; 'I'rea�uryI s
Corotiavims Relief Fund Guidame for State, Trrrirmial, I.Eical. and 'Cri bal l rovernmr.nt s (bated June
30, 0), Idaho Re�urAs — Mlun is[pat Small Business Grant rivgmm r)ewriptio n and Guidance; aild
the City"s MSBG program guidclimes(wilecli ire ly, "M1 SF3C`7 Rules"), and
WHET , Granicc submits rcl lu C ity a wmpiete app Citation for MSBG fund 4 including al I
rcl wd mlerials; aid 0ty and Grantee wish to enter into a couperatiw-c agneemt= for the investment.
of MSBG f mds for the purposes dewribed therein, and
AIIEREEA S, it is aukmwkJged by tine Parties that altliGugh the State has appro-�rod the
Mleriodian MS BGt program and has generally committed the RuO s as sct 16r1h in this Ag ttit at for
such purpose, availability u C l e fi Lrrd% ran City, and thus to Grantee, is subject to the Statc's approval
of Grantee's application, and rckax of such funds to City, and that Oty's obligaxiori to pro;rede
funds ng to Orantee under this Agreement k.provisional, pending the approval arsl relrase v f such
turd w City;
NOW, TF I F R E=FORE, in consideration of the mutual covenants of the pautir� Rhe Panics
agce as fa(lows;
L S AIEMENT OF WORK
A, Activi tim t:wwtee shal I aye C ity'% M S RG funds i n an amount not to cxcccd one hundred 51MY
cighl dollrars ($l68),1br the appi-Qv k rxpeT s+es, as Set forth in 1•:ehiblt A- C`rrantee %Ball utilize
MSBC`r fund-s granted hereunder in a manner consistent with this Agceracal, the MSBG Ru"-.
B. C_% rrent eligibility. grantee certifies that Granlec is eligible lu rcccive MSB0 funny, and that
{iratttt�e mweL%each of the following criteria-.
MSK OF.,i=AUREEMINT PAGE I Page 324
Item#13.
L GY4nt by.- 5W r,r 1�wer employee-.
2. 6rantee is a business operatinp, in the City o1-Meridian. Idaho pity limits.
3. Grarncc has an official EIN.
4, Urantee is an I dak-d-omic iled business,
5. Grantee incurred and paid the expcnsn for arhieh the MSWj fund are awarded_
6. Grantcc has incurred exprnFoc ea used by Co V I I -19 re Iated incidents, dec isions, or qualified
business intcrraption ,, local c iosurc orders. rid E)r per-garral prr tective equipment, social
disixut ing rcquimments, inereaqed co.gF, disrupted suppEyr networic, ctc.),
7. The expenses for which the MSDG funds arc awarded w rc irww-rrd between June 20, 2020
and ] octnnher 10, 20-20.
Grantee ha_s not reu ived funds for the expcmes for which the MSBCa fai ds are aw-rded from
other COfir ID-19 grant prog ins_
[.1raciree does not exist for the purpose of advancing partiymi politiorl activ it ieq or Lhe ktL-;ir ens
dors nut dir"lly t bby federal or state officials, defined as hav* had -a rcgistarrd lobbyist at
any point durinU 2020.
10. Grant is WinvIiMt in all respects with all COVID-19 rclarcd orders, law& orr -MFIrx5, arnd
regulations,
C. Ongoing agibibty; duplka#iva of benefits- (.rntee dal I notiN City immediately if, for and'
rem )11, CTLMIee no hi nger qualifies for MSBG funds due to a ch angc in vompl ianee Nr ith ore or
more of the enumerated -eligibility criterL If Grantee receives or applies for othrr funding comes
for the expenses described in this AgrccnYcnt. Grantre shall Immediately notify the C ity's
Eco rwi ie Development Admin istrawn
D. Reimbaraemen t Procedu ram. City shall provide to Granicc I hr MS130 funds awarded for the
approval expcnses, l forth in Erhihit A,up to fifteen thousand d-ollars($15,0 ,00). within
thkty(30) day-s of receipt of the spcel ied kinds by C ityr_
E4 Disclusa Pc a rid rot!nt ion of reeordii. (irantee acknowledges and understands that records
suhinkted fn r the purpcxses of app lying for MSBG fiufds; minpliaricc with thr terrrm of this
Agroemt rlt or law,, and)or audit by Ci€y, Mate or federal agency shall be public rcords subject to
disclosure.by City and/or State pursuant to such agcnc ics' respwivr obligatiarrs to eorrlply with
the Idaho Public Records }act ('`I l'1Cr"ti"�, and may be posted online by the State of Idaho. IrLw1ar
m such records are tempt Eurn w0er 3 PRA or rather pttiovisjan ref law, C sty steal I make
reasonable efforts to avoid and/or prcvcnt their d i.Wlosurc. t;rr cmL= veil ri--tairn all n lvoT& Perth aL
to the expenditures imkirred minder this Agreement for a period of five(5) years ailler completion of
all activillvs funded imdcr This Agrccmcnd. Thr-rwmr of Ibc business and the amount Of grant fun/;
received will be identified on the transparent_i,daho_gov website and on the City of Mcridian's
i:.coWmk ►webpage,and May be dice Ioged upon request i a accordance with the Idaho
Public Records }act,
II. GENERAL CONDITIONS
A. C'unfingent on funding. I1 is acknowled l the iParties thaL although the State }gas apprr ved the
Mendian MSBG program and the State has generally comnaillcd the funds as set iurth in ibis
Agreement for surly purpo se, availabi lity of MSBQ fit n&to City, and thus to Coe ntee, k subject to
the Statc's approval of Crantec's appliwii n arKI releaso o f s b furls to city_ (in and until
th to State a"roves 0rantee:s app I ioation and releases the funds to City, C sty shall have no
MSKj(i%A mrF F AcrKkx-mF h r RAGE 2
Page 325
Item#13.
contractual, begat or equitable obligation to Grantee, whether under this Agv-rncnt or by any odmr
legal or equkable clai nti_ In the a%Tent that MSB6 failds for the purposes set forth nti this Agreernent
arc not nrade avaiablc to City.this Agr=rncrit Shalt be void, an,d City shal I havr no ubli�aii+m to
Grantee, whither under this Agreement or under any icUal or equitabic cla im,
B. Notices. All notices requited to be 91vcn by citber of the parti-S L' mto shall be in writ inky end be
+*cnvd comm Lin icated when perms oral ly served, or mai led in the I i n iced Mates mail, addressed as
follows-,
rf to CRY-. If to Grantee:
City Qf Mrriclian E Janvs P ri& 4c hw I of Mks is
Attri- Economic Development Administrator ATT : Ernest Faris
31 H_ Fireradwar Aveoue 3048 W Sara Renio St
Meridian, Idaho 83642 M,crid ian, ID 83646541
F'ither ram may change its autlorimd repr€ ntative an&or address for the purpose of dais
paragraph by giving writ ten dice of 3uch change to the other party in 6e man ner herein provided_
C. Indcmmrnity. Crraniee, and each and all of it$employees, agerrts� -con Mors, officials, officer:
Scrvanks. guests, andlor jnvitccs shall twki harmless, cielcrxt aro i rrdcrnm Cy City from and frrr all
los%ey, c lei ms, act ions, liabi I hies, anWcrr judgments far' darrsa_gcs or injury to pcnSans or property
ands car Jose arld CxPen S c#u r'jr i rMumed ky Grantee and/o r its ernp.loye*s, agents,.. contractors,,
officials, offleers. wrvants, guests, and/or invitees; and othrr cosi S< inc lad irk, iiiigali,orw Cosa and
att(irrteys' fees, arising nut nf, resuking froir� or in coruiect ion with the perfonnanace of this
Agrcemcnt and nvt caused by or ansug Out 4}I the tQrtro13s cxinOwt of('=Ly or aoy emplayee,
-constractor, or went thereof. Grantee ackn,ow icdgcs that partic ipat ion in this program CAUTI r.5 risks,
Sumc cat which may br unkno Air, and sloes ogt to a_siumt;all such known or unknown risks.
1). I J n.ifa rtn cram pliance regi irements. Crraritee Thal I comply with applicable uniform administrative
rNumcments, gust principle, and a udO requ iretr► nts for federal a wuds, aS described i n 2 (TR
200 el- .sec{.
E. Nondiscrimination. Grantce %ill not discriminate against any cmploycc or applicant for
employment or services because of race, color, creed, re.l(Sion, ancestry, national origin, sex,
d-1.9abiMy or uflwr hand icap, age, marital status Or StatiiS with rcgrard to public.assistancr,
K Ter mlin at inn. I ither Patty tinay terriiirl this Agrt> rr"i It I br i�a by pTw)v1d1ng wrium Mtkt to i
the OUl= Of the b iS Of tcrnvnati,un, The deiaulting Party Shall have firm (5) days to cure the.-
deficiency or non-co mp I Lance_ I fthe deficiency or nio n-cornp I iama a is iint CUW within thhis time
Period,the ntivr Patty shall terminate phis Agreement for cause. In add;i ion to terminat ion of tkris
Agreement andG"or any other remedies as provided by law, C i y may declare Ciranstee inel igible for
any further panic ipat icon i rr City grant programm i ng.
1_ Termninatioo for convenience. C[:ty nlay terrnij to this Agreement 1A--_ at least thirty (30) daysi
he f llw 1 he Cflirc tiVC dal L of Stich terming(_K , giving writtrm nuticc to 6rantcc of Sock
termination and specifymi z the effective date thereof
2. Termination for u use.. T rrmimation of this Agrecrrwnt, in whole: or in part, may occur for
camw, w life h shall include, but shal I not be limited 10, Lhe follnW in&'
a. Failury to comply wA h any provision of(Lis Agmerncnt, t>hr~MSBG bulks, or any ru1c,
regulatiorL statute, executive order, or U_S_ Treaniry, Mate, car City guideline, po lice o r
MSI3G t RAJA - -AGRrEMENT PArL-3 Page 326
I
I
Item#13.
directive as may become applicable at any lime;
b. Failure lax i ua fil I in a ti melt'and proper manncr its obligal ions under this Agreement'
e_ E r3tproper use:-of funds provided under this. Agreement; or
d, Subm i s.-;ion of rece ipts, reports, or dogunwnts llat Ue i rororrect or incomplete in any
material respect,
3. Void if funds not availably. ESE 6e eve rLt that MSBG fund s for the purpose&set forth in this
:lkgreenwnt are not made available w C K , rhis Agreement shall be void, aid City ahul l have+ no
obligation to Grml", whether wtider this Agrecruent or undrz any legal or equitable-cIaim.
G. Repaymcut, I in the event of terrnirmlon for cause attribulable W Urantee's acts or Omissions,
Gra mce shall, within (14) days of City's demand. reimburse C'i[y fi)r all MS BCi fiends
disbursed_
11. Assignment. Crramce shah nut assign or trans;fer any interest in this agrecr=t without PT.i)r
Wain wn..tent of City.
L Non-wai+r .er. Failure of cit her party to Vmmptly enforce the strict per6orrnainCC of arty t-em of this
Agrecmcnt Shull noT oomitute a waiter or rel nq uish iww of any part' s right to thereafter enf6mc
such term- and any righl or rcumdy hereunder inay be amertcd at any t imr, rxilwkhStaM i rig delay
M cdoreernent.
J. C76rupliance with baw. Throughout the course of this Agreement, Crrantm shad-comply with an y
and a U upp Ucable federal, state, and local laws.
K Exhibits. All exhibits to this Agic mcnt are ;neorporated b ` reference and ruck a part o F hrrtNiJ'
as if the exhibils wee re .ei forth in their entirety brain,
1� Entive Agmemer►t. This Agreement contains the cal.irc agreem nt of the parties and supersedes
any and all other ugrremcrnts or rxierQ.tanding oral Or NNTittcn, WhEthcr PrCviu us to the Oxemnion
hereof n r-r-o rrtemporaneous herewith. Ilic partics hcTcto may arr ud this Ageenient at any tiara
j rov icled t1hx such auneiidments are executed in writing, appro ved by City's govern ing body, and
signed by a duly authorized r-uprescntat1YC of wb party.
IN NVITNE.SS WHEREOF, thr p},rti.eS shall cause this :'agree ment to be executed by their duly
authodze,d off ors to be uffactivu m of(lic day and year first above written_
GRANTEE;
F. Janieq Faris School-of?Music
_p
y
.1'L!t$t Eaattit --
CITY:
City of Nicridian Atten:
By- Robert E_ Sim or4 Mayor 1-26-2021 Oris johngon, Ciry cl-ork 1-26-2021
Page 327
Item#13.
E H BIT A: A P PR VED EXPENSES
Eligible Exoenw Inwnice Dace I Amount
Dun"Musk �- ${W/2020 9.00
Dunkiey Music !�f l$�MM 21.
Duromey music 10/15120M :�6.80
Dunklew Music 11/1712020 48.0
Dunk9ey Music 12/18120M 54.O
Total F-iigiblt Eger e5 1iaw
Approved Amount 68.00
MSFS{i GR1 N=.. ACTAEEMENT r'4(iF � Page 328
Item#13.
AGREE11rL>;NT BETWEEN CITY OF MEREDIAN ANrD
LA CREME, LLC FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRAINT
FUNDS
This Agrccmcrrt is entered into this 26th day of January , 2021 by and between the City
of NleTidi a municipal corporation organized under the laws of the state of Idaho (` it T) and La
Creme, LLC, a Limited Liability Company organized under the laws of the state ofidabo ("Grantee").
WHEREAS, having received feral I•u ncial assist ce, as such term is dcfmcd in ? CFR
200.40, fiorn the Coronavirus Relief fund, designated within Title V, section 5001 of the CorQnavirus
Aid, Relief, and F,conom3c Security Act, P.L. 1 16-136, 42 U.S.C. § 601 er seq. (the "CARES Act), the
State of Idaho ("State") created the Idaho Rebounds— Municipal SrnaII Fusiness Grant ("MSBOr")
program to Delp 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 emrploymenl or business interruptions due to COVID-19-related business closures
or limitations; and
VOUREAS,pursuant to the tate's approval of Meridian's MSBG prugr m on Sw1cmbcr 11,
2020, City seeks to disburse M S BG fun& to Meridian small businesses for the reimbursement of
expenses incurred duc to the COVID-19 pandemic, as set forth in Title V, section 500 1 of the CARES
Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-0 , and 2020-08 ; U.S. Treasury's
Coronavirm Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June
30, 2020); Idaho Refunds—Municipal Small Business Grant Program Desrription and Guidance; and
the City's MSBG program guidelines (collectively, "MSBG mules"); and
WHEREAS, Grantee submitted to City a complete application for MSBG funds, including ah
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of SB'G fiinds. for the purposes dcsoriNed therein; and
WHEREAS, it is acknowledged by the Parties that although the State has approved the
Meridian MSBG program and has generally committer)the funds as set forth in this Areement for
such purpose, availability of these funds to City, and thus to Grantee, is subjea to the States 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 coy-enant�i of the parties, the parties
agree as follows,
L STATEMENT OF WORK
A. Activities, Grantee shall use City's MSBG finds in an amount not to exceed fifteen thousand
dollars �$l 5,060), 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 N4SRG 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 GRAN7EE AGRc.r-.mLLN'T FAGt:I
Page 329
Item#13.
2. Grantee is a business operating in the City of Meridian, Idaho city limits.
. Ciraniee has an official UN.
4. Grantee is an Idaho-dorniciled business.
5. Cirantcc incuncd and paid the expenses for which the MSBG funds are awarded.
. nim[ee has incurred expense caused by COVID-19 related incidents, da=cision4;, or qualified
business interruption, (e.g., Inca] closure orders, need for personal protective ega,ipment, social
distancing requirements, irtereased costs, disrupted supply network, etc,)-
7. The expenses for which the MSBG funds are awarded were incurred between Juuc 20, 2020
and December 30, 2020.
. Grdntee has not received funds far the expenses for which the M SBG funds are awarded from
other COVID-19 grant programs.
9. 0r€otee does not exist for the purposc 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 Grra.nwe is t Qn-rplianl in all respects w ith al l CDVIDw 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 compI iance with one or
more of the enumerated eligibility criteria. If Grantee rcceives or applies for uLht r fimding wurces
for thu expenses duscribt cd in this Agreement. Grantee shall immediately notify the City's
Economic Development Administrator.
D. Reimbursement Procedures. City shall provide to Grantee the MS13G funds awarded for the
approved experoses, as set forth in Exhibit , up to fifteen thousand dollars ( 15,(} O-00), within
thirty (30) days of receipt of the, specified fonds by City.
E. Disclosure and retention of records. Grantee acknow ledges and understands that records
submitted for the purposes of applying for MS HO funds; compliance with the terms of this
Agri naent or law; and/or audit by City. State, yr federal agency shall be public records subject to
disclosuxe by City and/or State pursuant to such agencies' respective obligations to comply with
the Idaho Public records :act (441p1 "), and may be posted online by the State ref Idaho IiL^ F} w
as such records are exempt from disclosure under 1PRA or other provision of law, City shaIl rnakc
reasonable eff�rts to avoid and,for 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 Agreenneiit- The name of tk business and the amount of grant funds
received wiI I be identified on the wansparcnt.idaho.gov wi:bsite and on the City of +Ieridiam's
Economic Development webp age, and may be disclosed upon request in accordance with the Idaho
Public l ecordc; Act-
II. GENERAL CQ�'DMQNS
A. Contingent on funding. It is ackrwwhApd by the Parties that although the State has approved the
Meridian MSBG program and the State has generaIIy committed the funds as set fortis in this
Agreement for such purpose, availability of MSBG fitnds to City, and thus to GranLCC, is subject to
the State's approval of GTr micc's appliu4 iiun and release of 6uch funds to City. Unless and until
the State approves Graatee's application and releases the funds to City, City shalI have no
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by aay other
MSBG GRAN'rE£AcR.EE 7 [ ACIF.2
Page 330
Item#13.
legal car equitable claim. In the went that ?I SBG funds for the purposes set forth in this Agreement
are not made available to City, dais Agreement shall be void, and City shall have no obligation to
Orantee, whather under this Agreement or unc r anyf legal or equitable claim.
B. Notices. All laut Wes;equire;d to be given by either of the parties hereto shall be in writing and be
deemed communicated when pursorrally served, or mailed in the United States rail, addressed as
follows:
If to Oily: If tG Grantee:
City of Meridian La Crcmc, LLC:
Attn: Economic Development Administrator ATTIC: Brice Arave, Owner
3 E. Broadway Avcnuc 3690 E Monarch Sky Ln#110
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. Indem.oity. Grantee, and each and all of its ornpioyees, 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,for judgrumts fo r; damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee anchor its emloyees, agents, contractors,
ofEcials, ofiiccrs, servants, guests, and/or invitees; and other costs, including lit igaWn costs and
attorneys' fees, arising out of, rosulting from, or in connection with the performance of this
A.greernent and not caused by or arising out of the ttrrtious conduct of C ity or any employee,
c:ontr OOI-, or agent thereof: Grantee acknowledges that participation in this progarn 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 prinuiplus, and audit requirements for federal awards, as described in 2 C F R §§
2.00 et. .ceq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color, c:recd, religion, ancestry, national origin, sex,
disability or outer 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
dcfiekmcy or non-compliance. if the deficiency or non-compliance is not creed within this time
period,the other Party shall terminate this Agreement for cause. In addition to termination of this
AML-went and/or any other remedies as provided by law, City may declare Grantee ineligible for
a=y further participation in Oty grant programming.
1. Termination for convenience. City may tc,Tmivatc this Agreement by, at lea.;r thirty(30) days
bcfore the effective date of such termination, giving written notice to Grantee of such
termination anti specifying the effective date thereof,
2_ Termination for cause. 'Termination afthis Agreement, in whole or in part, rzzay occur for
cause, whir h shall include, but shall not he limited to, the following:
a. Failure to comply with any provision of this A,grcernent, the M.S.BG Mules, or any rule.
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
directive as may become appIicable at any tirrtc;
SBG GR-A--VT iF AORERMTN T NoF,.3
Page 331
Item#13.
b. Failure to fulfill its a timcly and proper manner its obligations under this Agreerent;
c. Improper use of funds provided under this Agmt= mt; err
d. Submission of receipts, reports, or documents that are incorrect or ii=rnplete in any
malarial rospect-
3. Void if funds not avallahle. in the event that M BG funds for the purposes set forth in this
Agreement are not made available to City. tEs Agreement shall be void, and C ity shaII have no
obligation to Grantee, whether under this Agreement ar under any legal or equitable claim-
G. Repayment. In the event of tern ination tier cause attributahlc to Grantee rs acts or on-dss ions,
ranter shall, within fourteen (14) days ofCity's demand, reimburse City for all MSBG funds
disbursed.
U. Assignment. Grantee shall not assign or transfer any intere&L in this agreemni without prior
written consent ofCirv.
I. Non-waiver. Failure of either party to promptly errfoyce the striot perforn nce Uf any term of this
Agreement shall not constitute a waiver or relinquishment of any part 's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any tirne, notwithstanding delay
in enforcement.
J. Compliance with law. 'Throughout the course of this Agreement. Grantee shall comply with any
and all applicable federal, state, arrd local laws,
K. Exhibits. All exhibits to this Agreement are incorporated by reference and grade a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire A,greernent. This Agreement contajris the entire agreement of the parties and supersedes
any and all other agreemt-mts or undesmadings, oral or vkritten, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such arnendments are executed in writing, approved by City's governing body, and
signed by a duIy authori�t;d representative ofcach party.
IN VVffNE WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be e ctive as ofthe day and year First above written.
GRANTEE
La Creme, LLG
Brice Arave. Own jr
T1-'Y:
City of Meridian Attest;
By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1 26 2021
MSBG GR_'NTEE ArRkE+j�NT PAnF.4
Page 332
Item#13.
EXHIBIT A: APPROVED EXPENSES
U-ligible Expense Arnaun.
Rent-July 5756_88
Rent- August 5756.88
Rent- September 5756.88
NNN -Jijly 2936.1�
NNN -August 2936,13
NNN -September 2936.13
Total Eligible Expenses 26,079.03
Approved ArFif, 15,OOD.00
M- SBC;GRAN7EF..AnRFFMF.hTr PAC, 5
Page 333
Item#13.
A(�Itl+:h;MI+;N7' III+:'1WI+;1+:N ('ITV OF MI+: UDIAN AND
1'l)ti'1'('ON5'1'Rl►t"l'It)N I.1.(' IEOIt IUAIIO l�i?liOIINDS M[IN ICINAL SMALL III ISINESS
GRANT FUNDS
th II
This Agi � i nlri+,l IIItU thisday of 141'1NRr , 2021 by and hctween the City
�'rnin ,
ol,Nl ridian, a nnuilk 11"d col pouiion uiganised under the laws of thLstatc of ldilhc) ("(ily")and Yost
Coltstilictioll I I.C, a lin)ited h'thihiv company organized under the laws ofthe state of Idaho
� {sI anlee ')
WHEREAS, having; is eived federal financial assistance, as such term is defined in 2 (TR 4
10040, lium the Colonaviiris Relief fund, designated within"Title V, section 5001 of the Coronavirus
Aid, Relief, and Fconomik. security Act, P I, 1 16-136, 42 U S.C. § 001 rl.%vq (the"CARDS Act"), the
State r1'ld.iho ("State") cle�lted the Idaho Rebounds — Municipal Small Business Grant ("visn( ")
1110i".I,lili 10 help local b1i miesses and organizations affected by COVID-19 pandemic, enabling cities
Fund .+unties to proN ode aid within their community, including by the provision of economic support to
these suffering Boni employment or business interruptions due to COVID-19-related business closures
01,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 clue 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
Coronaviius 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 seven thousand one
hundred seventy one dollars and seventy four cents($7,171.74), 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 t
Page 334
Item#13.
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 335
Item#13.
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 Yost Construction LLC
Attn: Economic Development Administrator ATTN: Norman Yost, Owner/Operator
33 E. Broadway Avenue 1740 E. Fairview Ave
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,
MSBG GRANTEE AGREEMENT PAGE 3 page 336
Item#13.
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:
Yost Construction LLC
Norman Yost, er/Operator
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021
h1 SBG GRANTEE AGREEMENT PAGE 4
Page 337
Item#13.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Supplies-Inv.#817165 25.50
Supplies-Inv.#812083 476.36
Supplies-Inv.#817157 94.58
Supplies-Inv.#818937 349.88
Supplies-Inv.#824271 3064.51
Supplies-Inv.#825005 34.44
Supplies-Inv.#826922 1976.42
Supplies-Inv.#834646 1150.05
Total Eligible Expenses 7,171.74
MSBG GRANTEE AGREEMENT PAGE 5 page 338