2020-11-24 MMSBG Agreements AGREEMENT BETWEEN CITY OF MERIDIAN AND
BACKCOUNTRY BREWS,INC. DOING BUSINESS AS THE GROWLER GUYS 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
Backcountry Brews, Inc. (doing business as The Growler Guys), 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 Ten Thousand
Dollars ($10,000.00), 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:
MSBG GRANTEE AGREEMENT PAGE 1
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
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
MSBG GRANTEE AGREEMENT PAGE 2
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 Backcountry Brews Inc. dba The Growler Guys
Attn: Economic Development Administrator Attn: Greg Martin, Owner
33 E. Broadway Avenue 1125 E. Fossilstone Court
Meridian, Idaho 83642 Kuna, ID 83634
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
dir@@tive as rmy b@@ome applioabl@ at any timo;
b, Failum to fulfill in it timely and proper manner its obliptions under this Agroement;
o, Improper use of(ands provided under this Agrmmmu or
d, Submission of receipts,reports,or dooument@ that=hwomCt or ineompim in my
material resape@t,
3, Void it itids not ovallable. In the ovent that MSBG funds for the purpo#@A set forth in this
Agmmaent are not made available to City, this AgramM shall be void, and City shall have no
obligation to Urantoe,whethcr under th-u Agroctnont or under any legal or quit ble claims,
G. R@paymoss c In the ovont of termination I`or cause Mtributablo to "M or omissions,
Grantee shall,within fourteen(14)days of City's demand,reimsburso City for all MSBG funds
disbursod,
H. Assignment, G=. too shall not assign or transfer any interest in this agre@mont without prior
written consent of City-
I, Non-waivesr, failure of either party to promptly force the;strict pmformanc@ of any term of this
Agm- ment shall not oonstituto a waiver or relinquishment of any party'o right to then ocr enforce
such t@m,and any right or remedy hereunder may be assorted at any time,notwithstanding delay
in mforcernont,
J, Compliance with law, Um. ughout the course of this Agreernnnt, Granteo ARR comply with any
and all applicable foderal,state, and local laws,
X Exhibits, All exhibits to this Agreement are lmWorawd by ivibronee and mad@ a pad of horeof
as if the exhibits were w OoM in their endroty herein.
L Entire Agreement* ` Jv4 Agreement @ontains the entire agent of the parties and supersedes
any and all other agreements or umderstandings, oral or writton,whether previous to the oxeoution
hereof or-contomporsmem herewith, The parties hereto may amend this Agrooment at any time
provided that such amsendments am oxmted in writing,approved by City"s governing body,and
signed by a duly authorized represerstative of each per=
IN WITNESS,WHEREOF,the parties ssshall cause thin Agr@@ment to be executed by their duly
authorized officers to be oMetivo as of the day and year first abovo written.
GRAN Ei
Sm4ountry Brews, lne,
doing buain"s as The a-mwler our
Grog _ , ®wnerllhrtor
CITY,-
City of M@ridian fittest:
By; Robert E, Simison, Mayor Chris Johnson,City Glory
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
July Rent 2407.77
August Rent 2407.77
September Rent 2407.77
July- Idaho Power 272.49
August- Idaho Power 294.39
September- Idaho Power 255.92
Crowler To Go Cans 2084.91
Total Eligible Expenses 10,131.02
GRANT AWARD $10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
3 BOSTIES BREWING DBA BREAKAWAY CAFE AND SPIRITS FOR IDAHO REBOUNDS
—MUNICIPAL SMALL BUSINESS GRANT FUNDS
A
This Agreement is entered into this Z day of A-���%CA6t1Z-; 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and 3
Bosties Brewing DBA Breakaway Cafe and Spirits, 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 ten thousand dollars
($10,000), 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
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
MSBG GRANTEE AGREEMENT PAGE 2
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 3 Bosties Brewing DBA Breakaway Cafe and
Attn: Economic Development Administrator Spirits
33 E. Broadway Avenue ATTN: Joseph Christophersen, Owner
Meridian, Idaho 83642 1017 N 28th St
Boise, ID 83702
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 parry 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
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 parry 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:
L3Bos ewing DBAZBway Cafe and Spirits
Joseph hristopherse wner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-June 1468.75
Rent-July 2203.12
Rent-August 2203.25
Rent-September 4406.25
Total Eligible Expenses 10,281.37
Total Approved=$10,000
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
COPE COLLISION CENTERFOR 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 Cope
Collision Center, a general business organization 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 six thousand six
hundred forty six dollars and twenty seven cents ($6,646.27), 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
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 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.
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
MSBG GRANTEE AGREEMENT PAGE 2
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 Cope Collision Center
Attn: Economic Development Administrator ATTN: Rick Cope, President
33 E. Broadway Avenue 1724 E FRANKLIN 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,
MSBG GRANTEE AGREEMENT PAGE 3
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:
Cope Collision Center 0-�
f�L
Rick Cope, President
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Glass Doctor-PPE 1024.00
Century Link-July 704.89
Century Link-August 710.56
Century Link-September 715.06
Idaho Power-July 703.81
Idaho Power-August 771.63
Idaho Power-September 699.20
Intermountain Gas-June 40.17
Intermountain Gas-July 124.64
Intermountain Gas-August 87.00
Intermountain Gas September 158.97
I/D/E/A-8/20/20 invoice for PPE 105.49
I/D/E/A-7/13/20 invoice for PPE 70.99
Amazon-8/11/20 receipt for PPE 69.94
Amazon-7/15/20 receipt for PPE 32.85
Amazon-7/18/20 receipt for PPE 78.42
Amazon-7/15/20 receipt for PPE 48.75
Old Navy-9/30/20 receipt for PPE 33.50
SA Company-7/17/20 invoice for PPE 26.50
SA Company-7/28/20 invoice for PPE 26.50
Kitsch-9/26/20 receipt for PPE 36.75
Wesco-9/25/20 invoice for PPE 47.64
Wesco-7/31/20 invoice for PPE 14.47
Wesco-7/31/20 invoice for PPE 60.12
Wesco-7/24/20 invoice for PPE 14.47
Wesco-7/17/20 invoice for PPE 132.57
Wesco-7/10/20 invoice for PPE 60.12
Wesco-7/3/20 invoice for PPE 12.66
Wesco-8/28/20 invoice for PPE 17.20
Wesco-6/26/20 invoice for PPE 17.40
Total Eligible Expenses 6,646.27
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
HAMMER AND STAIN TREASURE VALLEY LLC 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
Hammer and Stain Treasure Valley , 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 . 116436 , 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 Six Thousand , Eight
Hundred , Fifty - three Dollars and Eight Cents ( $ 6 , 853 . 08 ) , for the approved expenses , as set forth
in ExhibitA . 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
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 COVID49 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
contractual , legal , or equitable obligation to Grantee , whether under this Agreement or by any other
MSBG GRANTEE AGREEMENT PAGE 2
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 Hammer and Stain Treasure Valley
Attn : Economic Development Administrator ATTN : Cynthia De Rocher, Owner
33 E . Broadway Avenue 1500 North Locust Grove 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 PAGE 3
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 .
HAqimer d Stain Treasure Valley LLC
C 4� ljt�
Cynthia De Rocher , Owner
CITY :
City of Meridian Attest .
By : Robert E . Simison , Mayor Chris Johnson , City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A : APPROVED EXPENSES
Eligible Expense Amount
June Rent - Partial Payment Prorated ( 660 . 92 ) 231 . 30
July Rent - Partial Payment 660 . 92
August Rent - Partial Payment 1200200
September Rent 2597 . 06
October Rent - Partial Payment 1200000
June - Idaho Power Prorated ( 111048 ) 13 . 94
July - Idaho Power 138 . 78
August - Idaho Power 183 . 72
September - Idaho Power 107 . 09
June - Intermountain Gas Prorated ( 9 . 79 ) 3 . 06
July - Intermountain Gas 9 . 79
August - Intermountain Gas 9 . 79
September - Intermountain Gas 9 . 79
June - CenturyLink Prorated ( 114057 ) 29 . 56
July - CenturyLink 114 . 57
August - CenturyLink 114 . 57
September - CenturyLink 114 . 57
October - CenturyLink 114 . 57
Total Eligible Expenses 6 , 853 . 08
GRANT AWARD $ 67853008
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
HERITAGE HOP HAUS FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS
GRANT FUNDS
This Agreement is entered into this day of /AN6/,4PW, 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Heritage Hop Haus, 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 ofMeridian'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 two
hundred ninety two dollars and sixty three cents($8,292.63), 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 GRANTF-E AGREEM NT PAGE I
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 fiends 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 fiends 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 fiends to City. Unless and until
MSBG GRANTEE AGREEMENT PAGE 2
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 Heritage Hop Haus
Attn: Economic Development Administrator ATTN: Evan Izett, Owner
33 E. Broadway Avenue 729 N. Main St.
Meridian, Idaho 83642 Boise, ID 83706
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 C]FR §§
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 GRANITE AGREBmENT PAGF-3
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 fixlf ll 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:
Heritage Hop Haus
Evan Izett, Owner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
IT A: APPROVED EXPENSES
Eligible Expense Amount
June 525.00
July 1750.00
August 1750.00
September 1750.00
October 1750.00
Power-July 165.43
Power-August 288.18
a Power-September 314.02
Total Eligible Expenses 8,292.63
PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
IDAHO BUSINESS LEAGUE EVENTS,INC. 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 Idaho
Business League Events, 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 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 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
fiends 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, One
Hundred, Ninety-two Dollars and Seventy-five Cents ($4,192.75), 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
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.
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 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.
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
contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
MSBG GRANTEE AGREEMENT pAGF-2
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 Business League Events, Inc.
Attn: Economic Development Administrator Attn: Anna Marie Aldinger, President
33 E_ Broadway Avenue PO Box 415
Meridian, Idaho 83642 Meridian, ID 83680
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 noncompliance. 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
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 fiends 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 parry 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 terra, 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 Business League Events, Inc.
Anna Marie Aldinger, President
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED.EXPENSES
Eligible Expense Amount
August Rent 850.00
September Rent 850.00
October Rent 850.00
Idaho Storage Connection-August 209.00
Idaho Storage Connection-September 209-00
Idaho Storage Connection-October 209.00
Extra Space Storage-August 74.00
Extra Space Storage -September 74.00
Extra Space Storage-October 89.00
Verizon-July 132-90
Verizon-August 132-24
Verizon-September 13224
Sparklight-July 92.45
Sparklight-August 83.02
Sparklight-September 102.95
Sparklight-October 102.95
Total Eligible Expenses 4,192,7511
GRANT AWARE) $4,192.75
MSBG TRAN EE AGREEMFNT PAGE
AGREEMENT BETWEEN CITY OF MERIDIAN AND
INSULSTONE,INC.FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT
FUNDS
This Agreement is entered into this I OfO Sdaay of A)o J• , 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Insulstone, 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-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 four
hundred twenty five dollars ($8,425),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
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.
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 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
MSBG GRANTEE AGREEMENT PAGE 2
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 Insulstone,Inc.
Attn: Economic Development Administrator ATTN: Les Cullen,President
33 E.Broadway Avenue PO Box 1258
Meridian, Idaho 83642 Meridian, ID 83680
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.
I. 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
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:
Insulstone
C} en, P� ident
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson,City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-June 925.00
Rent-August 2500.00
Rent-September 2500.00
Rent-October 2500.00
Total Eligible Expenses 8,425.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
JAC ENTERTAINMENT, LLC DBA ROCKY MOUNTAIN ROLLFOR 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 JAC
Entertainment, LLC dba Rocky Mountain Roll, 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 ten thousand dollars
($10,000), 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
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
MSBG GRANTEE AGREEMENT PAGE 2
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 JAC Entertainment, LLC dba Rocky Mountain
Attn: Economic Development Administrator Roll
33 E. Broadway Avenue ATTN: John Crane, Owner
Meridian, Idaho 83642 865 W. Taylor Ave
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
regulation. statute, executi,-e order, or U.S. Treasury, State, or City guideline, policy or
directive as may become applicable at any tune:
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of rands provided under this Agreement- or
d. Submission of'receipts, reports, or documents that are 11worrect or incomplete in any
material respect.
3. Void if funds not available. in the event that IMSBG funds for the purposes set forth in this
Agreement are not made available to City this A-roement 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 Crrantee's acts or omi ioms,
Grantee shall, within fourteen {14) days ofCity's demand, reimburse City for a]I MSB r 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 en16rce the strut performance of any term of this
Agreement shall not constitute a giver or ire lin€luishment of any pam!s right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. omplianrce 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 IFthe exhibits were set forth in their entirety herein.
L. Entire Agreement. I Ws Agree ment comains the enure agreement of the parties and supersedes
any and all other agreements or understandings, oral or written. whether previous to the executio
hereof or contemporaneous herewith. The parties hereto may amend this A.greenzent at any Ipme
provided that such amendments are exeeatcd 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 ef-ective as of the day and near first above written.
G RANTFF-,
JAC F.nte tainment, LLC dba Rocky Mountain Full
c n Crane, Owner
CITY-.
City of Meridian Attest:
By; Robert E. Simisort, Mayor - Chris Johnson, City Clerk �~
MSBG GRAN7EE AGREEMENT PAGE4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Lease Invoice-July 2702.99
Lease Invoice-August 2702.99
Lease Invoice-September 2928.40
Lease Invoice-October 2831.46
Total Eligible Expenses 11,165.84
Approved Amount 10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
KONE ZONE,INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS
GRANT FUNDS
This Agreement is entered into this 23 day of November 1 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Kone
Zone, 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-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 Nine Thousand,Nine
Hundred, Eight Dollars and Thirty-nine Cents ($9,908.39), 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 PAGE 1
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.
IL 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
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 Kone Zone, Inc.
Attn: Economic Development Administrator Attn: Tyler Blake, Owner/President
33 E. Broadway Avenue 8043 S. Diego Way
Meridian, Idaho 83642 Boise, ID 83709
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
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:
Kone Zone, Inc.
Tyl Blake, Owner/President
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
June Rent- Prorated 944.90
July Rent 2577.46
August Rent 2577.46
September Rent 2577.46
October Rent - Partial Payment 577.46
July- Idaho Power 328.99
August - Idaho Power 118.37
September - Idaho Power 206.29
Total Eligible Expenses 9,908.39
GRANT AWARD $9,908.39
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
LOUIE'S PIZZA&ITALIAN RESTAURANT,INC. FOR IDAHO REBOUNDS--MUNICIPAL
SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this_W day of N o\/. 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City) and
Louie's Pizza&Italian 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-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
funds as set forth in this Agreement for
Meridian MSBG program and has generally committed the �'
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 nine
hundred seventy one dollars and thirty one cents ($9,971.31), 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 fiends, and that
MSBG GRANTEE AGTZEEMEN-f PAGE 1
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 E1N.
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 fiends 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.
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 GRANTEE AGREEMENT PAGE 2
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 Louie's Pizza&Italian Restaurant,Inc.
Attn: Economic Development Administrator ATTN: Lisa Grover, Accountant
33 E. Broadway Avenue 2500 E.Fairview
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,
PAGE 3
MSBG GRANTEE AGREENIENT
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:
hisaover,
Pizza& lia Restaurant,Inc.
Accountant
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Grasmick-gloves 2362,83
Shamrock-PPE 2076.91
econobox-paper for tabletops 600.31
Sysco-PPE 510.33
Sysco-PPE 1311.07
Amazon-gloves 1727.70
Amazon-gloves 1382.16
Total Eligible Expenses 9,971.31
MSBG GRANTEE A(i EEMF.NT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
M S ADMINISTRATIVE SERVICES, INC.FOR IDAHO REBOUNDS —MUNICIPAL SMALL
BUSINESS GRANT FUNDS
This Agreement is entered into this 18 day of November , 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and M S
Administrative Services, 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-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 ten thousand dollars
($10,000), 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
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
MSBG GRANTEE AGREEMENT PAGE 2
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 M S Administrative Services, Inc.
Attn: Economic Development Administrator ATTN: Fernando Veloz, Chief Financial Officer
33 E. Broadway Avenue 3405 E. Overland Rd., Suite 180
Meridian, Idaho 83642 Meridian, ID 83642-5177
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
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:
M S Administrative Services, Inc.
Fernando Veloz, Chief Kiiiancial Officer
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
PPE Equipment 79.52
Rent-Monthly Rent Payment 5275.67
Rent-Office Relocation 2800.00
Utilities-Avoid Business Interruption 665.95
Utilities-Avoid Business Interruption 1100.00
Utilities-Avoid Business Interruption Clean 435.00
Total Eligible Expenses 10,356.14
Approved Amount 10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
METIME INC.FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this 122 day of��mbtg2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
McTime 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-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 ten thousand dollars
($10,000), 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:
1. Grantee has 500 or fewer employees.
MSBG GRANTEE AGREEMENT PAGE 1
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.
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
contractual, legal, or equitable obligation to Grantee,whether under this Agreement or by any other
MSBG GRANTEE AGREEMENT PAGE 2
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 McTime Inc.
Attn: Economic Development Administrator ATTN: Beth Alpaugh, Owner
33 E.Broadway Avenue 143 NW 13th Place, Suite 120
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 parry 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 Parry 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
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:
e Inc.
Beth pau ; Owne
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXIMIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 5782.92
Rent-August 5782.92
Total Eligible Expenses 11,565.84
Approved Amount 10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
MFM GROUP, LLC DBA SIZZLER RESTAURANTS 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 MFM
Group, LLC (doing business as Sizzler Restaurants), 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 Ten Thousand
Dollars ($10,000.00), 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 AGREEMENT PAGE 1
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.
IL 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
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 MFM Group LLC dba Sizzler Restaurants
Attn: Economic Development Administrator Attn: William Minshew, Owner/Member
33 E. Broadway Avenue 2497 E. BANCROFT CT
Meridian, Idaho 83642 Eagle, ID 83616
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
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:
MFM Group, LLC
doing business as Sizzler Restaurants
William Minshew, Owner/Member
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
July Rent 8224.75
August Rent 8224.75
Total Eligible Expenses 16,449.50
GRANT AWARD $10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
PARAMOUNT CHILDCARE & EARLY LEARNING CENTER 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
Paramount Childcare &Early Learning Center, 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 ten thousand dollars
($10,000), 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
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
MSBG GRANTEE AGREEMENT PAGE 2
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 Paramount Childcare &Early Learning Center
Attn: Economic Development Administrator ATTN: Shea Mayer, Owner
33 E. Broadway Avenue 900 N. Linder 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 PAGE 3
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 parry'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:
Para unt Childcare&Early Learning Center
`ea'Mayer, Owner
CITY: l l
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-September 7269.24
Rent-October 7364.24
Total Eligible Expenses 14,633.48
Approved Amount 10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
PHOENIX FIRE GAMESFOR 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
Phoenix Fire Games, 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 ten thousand dollars
($10,000), 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
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
MSBG GRANTEE AGREEMENT PAGE 2
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 Phoenix Fire Games
Attn: Economic Development Administrator ATTN: Sean Wainwright, Co-Owner
33 E. Broadway Avenue 2737 N Mule Deer Way
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
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:
Phoenix Fire Games
Sean Wainwright, Co-Owner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 3811.75
Rent-August 3811.75
Rent-September 3811.75
Total Eligible Expenses 11,435.25
Approved Amount 10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
POTTER'S TEA HOUSE FOR IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS
GRANT FUNDS
This Agreement is entered into this 19 day of November, 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Potter's Tea House, 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 seven thousand three
hundred seventy five dollars and thirty two cents ($7,375.32), 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
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 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
MSBG GRANTEE AGREEMENT PAGE 2
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 Potter's Tea House
Attn: Economic Development Administrator ATTN: Sage Potter, CEO, Potter's Tea House
33 E. Broadway Avenue 1103 E Winslow St
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
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.
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:
Potter's Tea House II
5c�e �o�ter
Sage Potter, CEO, Potter's Tea House
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-August 2458.44
Rent- September 2458.44
Rent-October 2458.44
Total Eligible Expenses 7,375.32
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
PRIMETIME CHILD AND FAMILY EDUCATION S�EGNTER�FO RNID AHO REBOUNDS—
MUNICIPAL SMALL BUSINESS
This Agreement is entered into this o—day of , 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Primetime Child and Family Education Center, 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 nine thousand two
hundred fifty one dollars and thirty six cents ($9,251.36), 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
PAGE 1
MSBG GRANTEE AGREEMENT
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 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
MSBG GRANTEE AGREEMENT PAGE 2
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 Primetime Child and Family Education Center
Attn: Economic Development Administrator ATTN: Tracy Lindberg, President
33 E. Broadway Avenue 510 E Watertower Street
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.
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
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 ofCity'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:
Pri etme Child and F y Education Center
cy L' b r id nt
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
tUpennt
September R0.00August Rent t0.00Non-Contact 4.87Allstream-P7.91
Allstream-Phone,Internet-September 263.70
Allstream-Phone,Internet-October 263.70
Idaho Power-August 245.43
Idaho Power-September 221.57
Idaho Power-October 169.18
Intermountain Gas-August 55.00
Intermountain Gas-September 55,00
Intermountain Gas-October 55.00
Total Eligible Expenses 9,251.36
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
RCUBED, INC. DOING BUSINESS AS ENVIE FITNESS 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
RCubed, Inc. (doing business as EnVie Fitness), 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 Ten Thousand
Dollars ($10,000.00), 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 AGREEMENT PAGE 1
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.
IL 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
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 RCubed, Inc. dba EnVie Fitness
Attn: Economic Development Administrator Attn: Rebecca Stonhill, President
33 E. Broadway Avenue 9767 W. Bray Creek Street
Meridian, Idaho 83642 Star, ID 83669
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
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:
RCubed, Inc.
doing business as EnVie Fitness
Rebecca Stonhill, President
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
July Rent 4817.00
August Rent 4817.00
September Rent 4817.00
Total Eligible Expenses 14,451.00
GRANT AWARD $10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
SILVERSTONE PROPERTIES LLC FOR IDAHO REBOUNDS -MUNICIPAL SMALL
BUSINESS GRANT FUNDS
This Agreement is entered into this ff�-day of Al&j , 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Silverstone Properties 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 ten thousand dollars
($10,000), 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
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.
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
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 Silverstone Properties LLC
Attn: Economic Development Administrator ATTN: Clark Nielsen, Owner
33 E. Broadway Avenue 2680 S Eagle Rd STE 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
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:
Silverrst'one Properties LLC
Clark Nielsen, Owner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 2500.00
Rent-August 2500.00
Rent-September 2500.00
Rent-October 3500.00
Total Eligible Expenses 11,000.00
Approved Amount 10,000.00
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
THE CONSTRUCTION ZONE BAR AND GRILL FOR IDAHO REBOUNDS —MUNICIPAL
SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this18 day of November 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and The
Construction Zone bar and grill, 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 two thousand fifty
three dollars and sixty four cents ($2,053.64), 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
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 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
MSBG GRANTEE AGREEMENT PAGE 2
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 The Construction Zone bar and grill
Attn: Economic Development Administrator ATTN: Brigette Wallace, Owner
33 E. Broadway Avenue 229 w Franklin 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,
MSBG GRANTEE AGREEMENT PAGE 3
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.
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:
The Construction Zone bar and grill
bri
�j* Snaakv, 00altu,
Brigette Wallace, Owner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Idaho Power-July 14 303.18
Idaho Power-August 13 415.17
Idaho Power- September 14 338.25
Intermountain Gas-June 3.23
Intermountain Gas-July 9.79
Intermountain Gas-August 9.79
Intermountain Gas- September 9.79
S arkli ht-June 83.57
S arkli ht-July 147.47
S arkli ht-August 147.47
S arkli ht-September 147.47
S arkli ht-October and November 75.46
Bu 2Beat, Sho 2Beat- PPE 147.00
Acorn Storage-September 72.00
Acorn Storage-August 72.00
Acorn Storage-July 72.00
Total Eligible Expenses 2,053.64
MSBG GRANTEE AGREEMENT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
BALARA LLC DBA THE GODDARD SCHOOL FOR IDAHO REBOUNDS—MUNICIPAL
SMALL BUSINESS GRANT FUNDS
r
This Agreement is entered into this day of EK1"FX2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
Balara LLC DBA The Goddard School, 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 five thousand nine
hundred eighty and nineteen cents ($5,980.19), 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
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 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
MSBG GRANTEE AGREE1VmENT PACs 2
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 Balara LLC DBA The Goddard School
Attn: Economic Development Administrator ATTN: Rick And, Owner
33 E. Broadway Avenue 2009 S Wells Avenue
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
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:
Balara LLC DBA oddard School
9
- 9k)-
Rick Anti, Owner
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Idaho Power-June 33.32
Idaho Power-July 498.68
Idaho Power-August 636.61
Idaho Power-September 445.09
Walmart-Face Masks 211.89
Target-Face Masks 127.20
Walmart-Thermometer 116.58
Amazon-Thermometer 127.18
Waxie-6/24/20 Invoice-PPE 69.61
Waxie-6/29/20 Invoice-PPE 272.37
Waxie-7/6/20 Invoice-PPE 188.67
Waxie-7/9/20 Invoice-PPE 125.78
Waxie-7/22/20 Invoice-PPE 301.18
Waxie-8/25/20 Invoice-PPE 125.78
Waxie-8/3 1/20 1 nvo ice-PPE 57.99
Waxie-8/31/20 Invoice-PPE 219.59
Waxie-8/11/20 Invoice-PPE 311.47
Waxie-8/25/20 Invoice-PPE 283.96
Waxle-9/17/20 Invoice-PPE 189.38
Waxie-9/18/20 Invoice-PPE 475.47
Waxie-9/22/20 Invoice-PPE 67.56
Waxie-9/22120 invoice-PPE 222.49
Waxie-10/2/20 Invoice-PPE 178.50
Waxie-10/13/20 invoice-PPE 87.16
Waxie-10/13/20 Invoice-PPE 244.16
Walmart-Gloves 362.52
Total Eligible Expenses 5,980.19
MSBG GRANTEF AGRFF.MFNT PAGE 5
AGREEMENT BETWEEN CITY OF MERIDIAN AND
TREASURE VALLEY FOOT AND ANKLE, PLLC FOR IDAHO REBOUNDS—1VIUNICIPAL
SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this 1st day of December 7 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho("City") and
Treasure Valley Foot and Ankle 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 etseq_ (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 WORD
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Ten Thousand
Dollars ($10,000.00), 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 fallowing criteria:
1. Grantee has 500 or fewer employees.
MSBG GRANTEE AGREEMENT PAGE 1
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 CGVID-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 CGVID-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 CGVID-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.
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
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 ACrREEMENr PAfE 2
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 patties 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 Treasure Valley Foot and Ankle,PLLC
Attn: Economic Development Administrator Attn: Clark Johnson, Owner/Member
33 E_Broadway Avenue 8081 Open Sky Road
Meridian, Idaho 83642 Middleton, ID 83644
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 PAGLz 3
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 lave. 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:
Treasur�V Foot and Ankle,PLLC
r
Clark John can, Owner/Member
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson,City Clerk.
MSBG GRANTEE AGREEMENT PAGE 4
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
July Rent 20oo.aa
August Rent 3178.91
September Rent 3178.91
❑ctober Rent 3178.91
Total Eligible Expenses 11,536.73
GRANT AWAR❑ $10,000.00
MSEG GRANTEE AcREr-mENT PAGE 5
AGRUE141MNT BETWEEN CITY OF 14iERIDTAN AND
HH.DREN'S MUSEUM OF IDAHO, INC. FOR IDAHO REBOUNDS- MUN1OIPAL
SMALL BUSINESS S RANT FUNDS
This Agreement is entered into this 1st day of December . 020 by and between the City
of Meridian, a municipal corporation organized tinder the laws of the suite of Idaho C'City") and
ChiIdren's I IL=nz of Idaho, Inc,, at non=profi t corporation organized under the I aw s of the State of
Idaho ("Grantee").
W HEP.CAS, having received federal financial assistance, as such term is defined ire 2 CFI ,
200.40, from the Coronavirus Relief'Fund. designated within Title V, section 5001 of the Coronavirus
Aid, belief, and Bconcnnic Security Act, P.L. 1 16.136, 42 U.S.C. § 601 el seq- (the-CARES Act"), the
State of Idaho ("State") created the Idaho Rebounds- Municipal Small Business Grant ("MSBG")
program to Delp local businesses and organizations affected by COVED-19 pandemic, enabling cities
and counties to provide aid within their corn munity, including by the provision of economi c support to
those suffering from empioymerit or business interruptions due to O ID-19-related business closures
or limitations, and
WHEREAS, pursuant to the State's approval of Meridian's M SBG program on September 11,
2020, City seeks to disburse MSBCr funds to Meridian small businesses for the reinibur-sement of
expenses incurred due to the CO ID-19 pandemic, as set forth in Title V, section 5001 of the CARES
Acl; Idaho Govemor's Executive Order Nos- 20 0-07, 20 0-08, and 2020-08A; i.i-S- Treasury's
oronavitus Relic#'fund Guidance for State, Territorial, Local, and Tribal Governments(Dated June
30, 2020); Idaho l ebounds - Municipal Small Business Grant Program Description 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 al]
related materials; and City and Grantee wish to enter into a cooperative agreement for the investment
of M BG 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 fuAs 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 provi sional, pending the approval and release or such
funds to City;
NOW,THE REFORE, in consideration of the mutual cm-enants of the parties, the Parties
agree as follows;
I. STATEMENT OF WORK
A. Aetivities. Grantee shall use City's MSBG funds in an amount not to exceed Ten Thousand
Dollars (S10,000-00), for the approved expenses, as set forth try ]-�rdi`hit A, Grantee shall utilize
MSBG funds gFanted hereunder in a manner consistent with this Agreement, the MSBG Rules-
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBCr funds, and that
Grantee meets each of the following; criteria;
SB G GRA'1TEE AaRrr.m *r PAGE 1
1. Grantee has 500 or fewer employees.
2. Grantee is a business operating in the City of Meddian, Idaho city limits_
3. grantee has an official EI _
4, Grantee is an Idaho-domiciled business.
. Grantee incurred and paid the expenses for which the MS13G funds are awarded„
6. Grantee has incurred expense caused by CDVID-19 related incidents, decisions, or qualifted
business i nterruption (e.g., local closure orders, need for personal protective cquipmcn# 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.
& Grantee has not received funds for the expenses for which the MSBG Rinds are awarded from/
other C OVD)-19 grant prograni5,
9. rrantee does not exist for the purpose of advanci ng 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 C OVID-1 related orders, laws, ordinances, and
regulations.
Ongoing eligib Hity; duplication of benefits, Grantee shall notify City immediately if, for any
reason, Grantee no longer qualifies for MSBG funds due to a change in cornpliarwce 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 irnmediately notify the C ity's
Econornic Development Administrator.
A Rei m hu rsem ent Procedures. City shall provide to Grantee the M BG 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 undersrands that records
submi tted for the purposes of applying for M SIBG funds; compliance with the terms of this
Agreement or Ia ; and/or audit by City, State, or federal agency shall be pubs is records subject to
disclosure by City and/or State pursuant to such agencies' respective.obligations to comply with
the Idaho Public Records Act ("LPRA"), and may be pasted 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 ( ) years after completion of
all activities funded under this Agreement_ The name of the busi ness and the amount of grant funds
received wiI I be identified on the transpa rent,id aho.gov web site and on the City of Meridi an's
Econotric D eve]oprnent web page, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
11. GEN ERA L CDNIIIT` ON
A. Contingent on funding, It is acknowledged by the Parties that although the State has approved the
Meridian M SBG program and the State has generally comm the funds as set Forth in this
Agreement for such purpose, availability of MS BG 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 undI
the State approves Grantee's application and releases the funds to City, City shall have no
MSBG{`iR.iN mr,AoRrmmENT PAGE 2
contmcttial, legal, or equitable obligation to Grantee, whether under this Agreement or by any other
Iegal or equitable claim. In the event that M BG funds for the purposes set Forth in this Agreement
are not crude available to City, this Agreement shall be void, and City shall have no obIigatian to
Gran tee, whether under this Agreement or under any legal or equitable claim.
B. Nodces. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated w1wn personally served, or mailed in the United Mates mail, addressed as
follows:
If to city. If to Grantee:
City of Meridian hildren's Museum of Idaho, Inc.
Attu: Economic Development Administrator Attn: Pat Baker, President
33 E. Broadway Avenue 790 S. Progress Ave_
Meridian, Idaho 83642 Meridian, XD 9364
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written flotice 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 indernnify 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 whick 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, cast principles, and audit requirements for federal awards, as described in 2 CFR §§
200 el. seq.
E. Non discrimination. Grantee will not discriminate against any erployee or applicant for
employrnent or services because or 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
doficicney or non-compliance_ If the dofi c i c ny or non-corn pl i ancc is not cured within this time
period, the other Party shall terminate this Agreement for cause. Ire 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.
I_ 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 Grantec of such
termination and specifying the effective date thereof.
_ ")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,
MSSG GR i.,, t;AGREr_L iEh r i AGk 3
regulation, statute, executive order. or U-S. Treasury, State, or pity 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 Agreernent; or
d, Submission of receipts, reports, or documents that are incorrect or incomplete in any
material reFpect,
3. Void if funds no(avai[abto, In; the event that MSBG funds for the purposes set forth in this
Agreement are not math avaiIablc to City, this Agreement shall be void, and City sha]I have no
obligation to Grantee, whether under thi s 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 M SBG funds
disbursed,
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without Prior
ri tten 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 relinclui slim ent of any party'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 wiith Iaw. Throughout the course of this Agreement, Grantee shall comply VA th 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 tine
provided that such amendments are executed in writin& approved by City1s governing body, and
signed by a duly authodzed representative of each party.
IN W ITN E S W H E R EOF, the patties shall cause this Agreement to be executed b y their duly
authorized officers to be effective as of'the day and year first above written.
GRANTEE:
h ren's Museum of Idaho, Inc. CiZelh'salone,
st:
46z _Pat Balser, President Secretary
CITY:
City of Meridian Attest:
By: Robert E. Sirnison, Mayor Chds .lohnson, City Clerk
MSBG GR.x. -E AGREF-?%nEvr PAriv 4
EXHIBIT A: APPROVED EXPEN E
Eligible Expense Amount
.July Rent 8561,8
August Rent 8561 .8
Total Eligible Expenses 17.1 .64
RANT AWARD $10,000.01)
MSHG Gx,+ N. x. AuRFi,,N%,Nrr PAGE 5