HomeMy WebLinkAbout2021-02-09 MMSBG Grant Agreements Item#14.
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MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Tori Cleary, Community Development Meeting Date: February 9, 2021
Presenter: Tori Cleary Estimated Time: 0.0
Topic: Approval of Grantee Agreement for the Meridian Small Business Grant Program
Recommended Council Action:
Approve one Grantee Agreement for the Meridian Small Business Grant Program.
The following Grantee has 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 Grantee, grant amount, and grant purpose is listed below:
Amount
Grantee Approved PPE Testing Inventory Equipment Rent Utilities
Heritage Auto,Inc.dba Heritage Auto Repair $15,000.00 x
Background:
This Agreement is for Council 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.As of February 2, 2021, the State has approved and funded 112 applications,
totaling$888,444.37 in grant awards. Staff is finalizing the Program and will be submitting the
final few applications for State approval in the next week, pending receipt of all required applicant
documentation.
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AGREEMENT BETWEEN CITY OF MERIDIAN AND
HERITAGE AUTO, INC., DBA HERITAGE AUTO REPAIR FOR IDAHO REBOUNDS
MUNICIPAL SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this day of 3 ,� , 2p21 by and between the City& A
of Meridian., a municipal corporation organized under the laws of t& state of Idaho (c4city") and
Heritage Auto , Inc . DBA Heritage Auto Repair, 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.Q . § 6 1 et seq . (the "CARES Act"),, the
State of Idaho ( "State"') created the Idaho Rebounds — 1Vlunicipal Small Business grant ("MSBG")
pro gram t o he 1p loc a l bu sines se s and organizat io ns affected by C OVID- 19 p andemic, enab l ing c it ies
and counties to provide aid within their cominut�i ty, including by the provision of economic support to
those suffering from employment or business interruptions due to I DVl .......... 9- 111111 ed business closures
or limitat ions; and
WHEREAS, pursuant to the State ' s approval of Meridi'an ' 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 faith in Title V, section 5001 of the CARES
Apt; Idaho Governor' s Executive Order Nos . 2020-07 , 2020-08 , and 2020-08A -'
U . S. Treasury ' s
Coronavir-us Relief Fund Guidance for State, Ten itorial, 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 Riles") ; 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 f-Linds as set forth in this Agreement for
such purpose, availability of these funds to City, and thus to Grantee, is subject to the Statel 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 provisl' onal, 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. ActiAties. Grantee shall use City ' s MSBG finds in an amount not to exceed fifteen thousand
dollars ($ 15 ,000) , for the approved expenses, as set forth in Exhl*bit 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 FADE I
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1 . Grantee has SQL or fearer employees.
2. Grantee is a business operating in the City of Meridian, Idaho city 116-nits .
3 . Grantee has an official EIN .
4. Grantee is an Idaho-domiciled business .
5. (3nntee 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 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 GOVID- 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, Grandee shall immediately notify the City " s
Economic Development Admm' istrator -
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 IPR.A 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 fiends
received will be identified an the transparent. idaho - gov vvebsite and on the City of Meridian ' s
Economi' c 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 shad have no
MSBG GRANTEY: AGREEMENT pAGE 2
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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 le al 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 Heritage Auto, Inc . DBA Heritage ALIto Repair
Attn : Economic Development Administrator ATTN : Rebecca Zanders, Vice--President
33 E. Broadway Avenue 324 W. Claire Ct.
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 here i*n provided.
C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers,
servants, guests., and/or invitees shall liold harmless, defend and indemnify pity from and for all
losses, claims, actions, liabilities, and/or j udgments for: damages or injury to persons or property
and/or lasses 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 torfious 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, cosh 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 Forty may termiDnate this Agreement for cause by providing written noti ce 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 shah 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 pity grant programming.
1 . Termination for convenience-, pity may terminate this Agreement by, at least thirty (30) days
1.
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
Z. Termination for cause. Termination of this Agreement, in whale 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 flil' s Agreement, the MSBG Rules', or any rule,
regulation, statute, executive order, or U. S . Treasury, Statc, or City guideline., policy or
MSSG GRANTEE AGREEMENT PAGE 3
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directive as may became 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 ulcoi-nplete 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 perfoi-mance of any term of this
Agreement shall not constitute a waiver or relinquishment of any pai-ty' s right to thereafter enforce
such teen, 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 herel"11.
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 aniend 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 :
H em rkage Auto, Inc . DBA Heritage Auto Repair
ebecca Zander V ice-President
CITY :
City of Meridian Attest:
By: Robert E . Simison, Mayor Chris Johnson., City Clerk
Dated: 2-9-2021 Dated 2-9-2021
1VISBG GRANTEE ACi1ZL'EM ENT PAGE 4
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EXHIBIT A : APPROVED EXPENSES
Eligible Expense Amount
Rent - October � 7750.00
Rent - November 7750 00
� Total Eligible Expenses 15,500. 00
Approved Amount L 15,000 .00
MSBG GRANTEE AGREEMENT PAGE S
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