20-2244 Authorizing Mayor to sign agreements for Idaho Rebounds Small Business Grants Item#7.
CITY OF MERIDIAN RESOLUTION NO. 20-2244
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AGREEMENTS BETWEEN
THE CITY OF MERIDIAN AND ENUMERATED RECIPIENTS OF IDAHO REBOUNDS
—MUNICIPAL SMALL BUSINESS GRANT FUNDS;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,having received federal financial assistance 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
created the Idaho Rebounds—Municipal Small Business Grant("MSBG")program to help local
businesses and organizations affected by COVID-19 pandemic; 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; and
WHEREAS,Meridian businesses, including those enumerated in Exhibit A hereto, have
submitted to City applications for MSBG funds, and
WHEREAS, a committee comprised of a member of the Meridian Chamber of
Commerce Economic Development Committee, and representatives of the Finance Department,
the Community Development/Economic Development Division, and the Mayor's Office, have
reviewed these applications and found certain expenses enumerated therein to be eligible for
MSBG funds; and
WHEREAS,the State of Idaho has reviewed and approved such expenses for funding
through the MSBG program, and the City is awaiting release of such funds to City for
disbursement to the approved grantees; and
WHEREAS, in order to facilitate the timely disbursement of such funds, the City
Council of the City of Meridian finds it in the public interest for the City to negotiate and enter
into written agreements with such approved grantees for the investment of MSBG funds for the
purposes described therein, as such agreement is set forth in Exhibit B hereto; and
WHEREAS,the City Council therefore seeks to authorize the Mayor to sign, on behalf
of the City of Meridian, cooperative agreements with the approved grantees upon each approved
grantee's agreement to, and authorized signature upon, the agreement attached hereto as Exhibit
B, which agreements shall be effective only unless and until the State releases the MSGB funds
to the City for such purpose;
RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGI{ 1 Page 63
Item#7.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Mayor is hereby authorized to enter into and sign on behalf of the
City of Meridian, the agreement attached hereto as Exhibit B,with each of the grantees
enumerated in Exhibit A hereto, respectively, upon each approved grantee's agreement to, and
authorized signature upon, such agreement.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of
November, 2020.
APPROVED by the Mayor of the City of Meridian, Idaho, his 24th day of November,
2020.
APPROVED:
Robert E. Simison, Mayor
ATTEST:
Chris Johnson, City Clerk
RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGI:2 Page 64
Item#7.
EXHIBIT A: APPROVED MSBG EXPENSES
Amount
Case Name Approved PPE Testing Invent. Equip. Rent Utilities Other "Other"Description
Backcountry Brews dba The Growler Guys $10,000.00 X X X Specialized to-go packaging
Breakaway Cafe and Spirits $10,000.00 X X
Children's Museum of Idaho,Inc., $10,000.00 X
Cope Collision Center $6,646.27 X X
Dance Arts Academy $10,000.00 X
Hammer&Stain Treasure Valley $6,853.08 X X
Heritage Hop Haus $8,292.63 X X
IBL Events $4,192.75 X X
Insulstone, Inc. $8,425.00 X
JAC Entertainment, LLC dba Rocky Mountain Roll $10,000.00 X
Kone Zone Inc $9,908.39 X X
Louie's $9,971.31 X
M S Administrative Services, Inc. $10,000.00 X X X
McTime Inc $10,000.00 X
MFM Group LLC dba Sizzler Restaurant $10,000.00 X
Paramount Childcare& Early Learning Center $10,000.00 X
Phoenix Fire Games $10,000.00 X
Potters Tea House $7,375.32 X
Precious Hands Academy#2 $10,000.00 X
Primetime Child and Family Education Center, Inc $9,251.36 X X X
RCubed Inc.dba EnVie Fitness $10,000.00 X
Silverstone Properties LLC $10,000,00 X
The Construction Zone bar and grill $2,053.64
The Goddard School $5,980.19 X X Additional/specialized cleaning
supplies
Treasure Valley Foot and Ankle $10,000.00 X
RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE 3 Page 65
Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT
AGREEMENT BETWEEN CITY OF MERIDIAN AND
GRANTEE NAME
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
GRANTEE NAME, a TYPE OF ORG PER SECRETARY OF STATE 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:
L STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed AMOUNT
($AMOUNT), 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:
RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGI?4 page 66
Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT
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 ten thousand dollars ($10,000.00), 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
RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE.5 page 67
Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT
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 ORGANIZATION
Attn: Economic Development Administrator ATTN: NAME, TITLE
33 E. Broadway Avenue ADDRESS
Meridian, Idaho 83642 ADDRESS
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
RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE 6 page 68
Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT
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:
ORGANIZATION NAME
NAME, TITLE
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
EXHIBIT A:APPROVED EXPENSES
RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE 7 page 69