2020-12-08 MMSBG Agreements Item#8.
C� fIEN ,
IN4,
IDAHG-.
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Tori Cleary, Community Development Meeting Date: December 8, 2020
Presenter: Tori Cleary Estimated Time: 0.0
Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program
Recommended Council Action:
Approve six Grantee Agreements for the Meridian Small Business Grant Program.
The following six Grantees have been approved through the Municipal Small Business Grant
Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act
funding. The Grantees, grant amounts, and grant purposes are listed below:
Case Name Amount PPE Testing Invent. Equip. Rent Utilities
Approved
A Step Ahead Preschool&Childcare, Inc. $10,0m.00 X
Dreamland Education Center, Inc. $10,000.00 X X
Hart E Beal,Inc. $667.32 X
Rs Physical Therapy PC $10,ODO.OD j X
TV Meridian Pita LLC $10,DO0.00 X
Treasure Valley Strength&Conditioning LLC $10,000.00 X X
Background:
This is the second round of Agreements for approval under the Meridian Small Business Grant
Program, created through the City Council designation of$1 million of the City's CARES Act
funding allocation.
Following staff review of applications and confirmation of business/organization eligibility and
documentation of qualifying business expenses,grant applications are sent to a Review Committee
comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of
Commerce Economic Development Committee.
Following City approval, applications are forwarded to the State. The State has agreed that these
six grantees and the City-approved expenses are eligible for reimbursement.
Page 135
Item#8.
A[,Itl�:l?MF.NT IiF.TWEF:N ('ITV OF ATERII)I.r ti %NIW
A STET AHEAD I"RESC'11001, & C'IIILDCARE, INC. FOIL 11) I I I() REIROUNDS--
MANIA IV.11. 1%)U%LI, BUSINESS GRANT F11Nla1
]-his Agreement is entered into(his A_5 day of JVau . 2020 by and between the City
of Meridian,a municipal corporation organized under the laws of the state of Idaho("C'ily")and A
Slep Ahead Preschool & ('Ilildcare, Inc.,a general business corporation organized under the laws of
the state of Idaho ("Grantee").
WHEREAS,having received federal financial assistance,as sue term is defined in 2 CFR §
'00.40, from the Coronavirus Relief Fund.designated within'ritie V.section 5001 of the Coronavirus
Aid, Relict;and Economic Security Act, P.L. 116-136.42 U.S.C. § 601 ear seq• (the"CARES Act"), the
Slate of Idaho("State")created (he Idaho Rebounds-Municipal Small Business Grant ("MSBG-)
program to help focal 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 COV ID-M-related business closures
or limitations;and
WHEREAS,pursuant to the State's approval of Meridian's MSBG program on Septcmher 11,
2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement ref'
expenses incurred due to the COVID-19 pandemic,as set forth in Title V. section 5001 ofthe CARES
Act; Idaho Governor's Executive Order Nos. 2020-07,2020-09,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 ,Ill
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 ofsuch
funds to City;
NOW,THEREFORE,in consideration of the mutual covenants of the parties, the Parties
agree as follows:
1. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Tel]Thousand
Dollars($10,000.00). for the approved expenses,as set forth in Exhibit A. Grantee shall utilize
MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules.
B. Current eligibility.Grantee certifies that Grantee is eligible to receive MSBG funds,and that
Grantee meets each of the following criteria:
MSBG GPANTFE AoRi-.EMLN3 PAC'ir i
Page 13Ei
1. (iranive has 500 or fewer employees,
2. [_irantec is it business operating in the City of Meridian, Idaho city Iimiis.
3. t.irantee has an official EIN.
4. Grantee is an Idaho-domiciled business.
5. Grantee incurred and paid the expenses for which the MSBG funds arc awarded.
G. Grantee has incurred expense caused by COV ID-19 related incidents.decisions,or qualified
business interruption(e.g., local closure orders, treed 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 far the expenses for which the MSBG funds are awarded from
other COVID-l9 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 liar 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 L'xhibitA, 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 shalt retain all records pertinent
to the expenditures incurred under this Agreement for a period of five(5)years after compaction 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.idalto.gov website and on the City ol'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 MS13G 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 fitnds to City,City shall have no
MSBG GRANTF l-.AORVENIENT I'Mic 2
Page 137
Item#8.
contractual. legal,or equitable obligation to Grantee, whether under this Agreement or by any other
legal or equitable claim. In the even[that MSBO funds for the purposes set forth in this Agreement
auz riot made available to City.this Agreement shall be void,and City shall have no obligation to
Cirantee, 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 A Step Ahead Preschool&Childcare, Inc.
Attn: Economic Development Administrator Attn: Christina Sullivan,President
33 E. Broadway Avenue 3348 N. Meridian Road
Meridian,Idaho 83642 Meridian, ID 83646
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving ►vritten 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§y
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 r-<<pard 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 ►►ithin 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 AGRErmLN'r P,►(;t-3
�Pg,
Item#8.
regulation, statute,executive order,or U.S. Treasury,Stale.or City guideline. rolicY or
directive as may become applicable at any time,
b. Failure to tul fill in a timely and proper manner its obligations tinder this Agreement;
e. ImproPcr use of liutds provided tinder this Agreement:or
d. Submission ot'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 sha11 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 fourieen(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 agrecment 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 rel i nquisliment 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 ally time
provided that sueh 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:
A Step Ahead Preschool &Childcare, Inc.
4cisina Sui[ivart, President
CITY:
Cite of Meridian Attest:
By: Robert E. Simison,Mayor Chris Johnson.City Clerk
MSBG GRANTCF AGREEMENT t u.i 4
Page 139
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
September Rent 8500.00
October Rent 85m00
7otaf Eligible Expenses 17,0MQ0
GRANT AWARD $10,000.00
MSRL1[ik 7L Et i At ki I lol NI Pma3 5
- Page 140
Item#8.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
DREAMLAND EDUCATION CENTER, INC.FOR IDAHO REBOUNDS—MUNICIPAL
SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this :5 -)day of A/,V �024 by and between the City
of Meridian,a municipal corporation organized under the laws of the state of Idaho("City")and
Dreamland Education Center, 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, 2020-05, and 2020-08A; U.S. Treasury's
Coronavirus Relief Fund Guidance for State, Territorial, Local,and Tribal Governments(Dated:Tune
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:
1. STATEMENT OF WORK
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Ten Thousand
Dollars(510,000.00), for the approved expenses,as set forth in I xhihit 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 insets each of the following criteria:
1. Grantee has 500 or fewer employees.
MSBG GRANTEE AGREE.mFNT PAGE t
Page 141
Item#8.
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 Iobbyist 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 Ionger 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 terns 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 fransparent.idaho.gov website and on the City of Meridian Is
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 fiords 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 GRAN,r ff AGRFFMENT PAcL:2
Page 142
Item#8.
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 Dreamland Education Center, Inc.
Attn: Economic Development Administrator Attn: Susan Ehteshaml,President
33 E. Broadway Avenue 875 W. Franklin Road
Meridian,Idaho 83642 Meridian,ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
C. Indemnity. Grantee,and each and all of its employees,agents, contractors, officials,officers,
servants, guests, and/or invitees shall hold harmless,defend and indemnify City from and for all
losses, claims,actions,liabilities, and/or judgments for: damages or injury to persons or property
and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors,
officials,officers, servants, guests,and/or invitees; and other costs, including litigation costs and
attorneys' fees,arising out of,resulting from, or in connection with the performance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor,or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles,and audit requirements for federal awards, as described in 2 CFR §§
200 et. seq.
E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for
employment or services because of race, color,creed,religion, ancestry,national origin, sex,
disability or other handicap,age, marital status or status with regard to public assistance,
F. Termination. Either Party may terminate this Agreement for cause by providing written notice to
the other of the basis of termination. The defaulting Party shall have live(5)days to cure the
deficiency or non-comp]lance. If the deficiency or non-compliance is not cured within this time
period,the other Party shall terminate this Agreement for cause. In addition to termination of this
Agreement and/or any other remedies as provided by law,City may declare Grantee ineligible for
any further participation in City grant programming.
1. Termination for convenience. City may terminate this Agreement by,at least thirty(30) days
before the effective date of such termination, giving written notice to Grantee of such
termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part,may occur for
cause,which shall include,but shall not be limited to,the following:
a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule,
regulation, statute,executive order,or U.S. Treasury, State,or City guideline,policy or
directive as may become applicable at any time;
MSBG GRANTEE AGREEMENT PAGE 3
Page 143
Item#8.
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of fiords provided under this Agreement.or
d. Submission of receipts,reports, or documents that are incorrect or incomplete in any
auatenal 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: -
Dreamland Education C"er, Inc.
Susan Ehteshami,President
CITY:
City of Meridian Attest;
By. Robert E. Sirnison, Mayor Chris Johnson,City Clerk
MSBG GRANTEE AGREE:viE;NT PACiI::4
Page 144
Item#8.
EXHIBIT A: APPROVED EXPENSES
04ibie Expense Amount
Rent-Ju#y 12.000.00
I nterMou ntain Ga s-.!u#y 18,78
lnterMountain Gas-August 18.24
InterMourstain Gas-September 18.24
Idaho Power-Jul (39-a48)Prorated 247..44
Idaho Power-rAet st 483.39
Idaho Pourer-September 342.85
Centurykink-July 196.98
Cantu ry ink-August 204_06
Centt€ryink-September 201,35
T atat EligibEe Expenses 13,731.32
GRANT AWARD
MSBG GRANT-FF.ACIRF..FMFNT PACE 5
Page 145
Item#8.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
HART E BEAL, INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT
FUNDS
This Agreement is entered into this 8th day of December ' 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Hart
E Beal, 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 six hundred sixty
seven dollars and eighty two cents ($667.82), for the approved expenses, as set forth in Exhibit A.
Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,
the MSBG Rules.
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG GRANTEE AGREEMENT PAGE 1 page 146
Item#8.
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 Page 147
Item#8.
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 Hart E Beal, Inc
Attn: Economic Development Administrator ATTN: Hart Beal, Owner
33 E. Broadway Avenue 2875 E Loon Creek 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,
regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or
MSBG GRANTEE AGREEMENT PAGE 3 page 148
Item#8.
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 Rinds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
1. Nun-waiver. Failure of either party to promptly enforce the strict performance of any tern.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 a]1 applicable federal state,and local laws.
l_ 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 agreemcrrts 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.
EY WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly
authorized offiecrs to be effective as of the day and year first above written.
GRANTEE;
Hart E Bea
CITY:
City of Meridian Attest:
Sy Robert E_ Simison, Mayor Chris Johnson, City Clerk
MSBG GRAN-rm AGREBuIBNT PAGE 4
Page 149
Item#8.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Sparklight-July 55.00
Sparklight-August 55.00
Sparklight-September 55.00
Sparklight-October 55.00
Sprint-July 138.42
Sprint-August 148.42
Sprint-September 160.98
Total Eligible Expenses 667.82
MSBG GRANTEE AGREEMENT PAGE 5 page 150
Item#8.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
RS PHYSICAL THERAPY PC 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 RS
Physical Therapy PC, a Professional Service 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 seen. (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 COVI1)-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-I9-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 ❑f 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 .Tune
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 fiends 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 Q. 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 AGrtrErkiE vT PAGE 1 Page 151
Item#8.
I. 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-l9 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 Page 152
Item#8.
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 Citv: If to Grantee:
City of Meridian RS Physical Therapy PC
Attn: Economic Development Administrator ATTN: Randy Langley, Owner/President
33 E. Broadway Avenue 2204 E Lanark 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 perfonnance of this
Agreement and not caused by or arising out of the tortious conduct of City or any employee,
contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks,
some of which may be unknown, and does agree to assume all such known or unknown risks.
D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative
requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§
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 AGRELM NT PAcn:3 Page 153
Item#8.
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports, or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City, this Agreement shall be void, and City shall have no
obligation to Grantee, whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen (14) days of City's demand, reimburse City for all MSBG funds
disbursed.
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
1. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state, and local laws.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time
provided that such amendments are executed in writing, approved by City's governing body, and
signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GItANTE
RS Phys alerapy PC
Randy Vngley, w r/Pre ident
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson, City Clerk
MSBG GRANTLG AGREEMENT PAGE 4 Page 154
Item#8.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 3306.67
Rent-August 3306.67
Rent-❑ctober 3306.67
PPE-Plastic Shield 79.99
Total Eligible Expenses 10,000.00
MSBG GRANTEE AGREEMENT PAGE 5 Page 155
Item#8.
AGREEMENT BETWEEN CITY 01?MERIDIAN AND
TV MERIDIAN PITA LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS
GRANT FUNTDS
This Agreement is entered into this 2-914 day of Wk)h",2020 by and between the City
of Meridians, a municipal corporation organized under the laws of the state of Idaho ("City) and TV
Meridian Pita.LLC,a.Limited Liability Corporation organized under the laws of the state of Idaho
("6rantcc').
WHEREAS,having received federal financial assistance,as such tern is defined in 2 C'1'It
200.40,from the Coronavirus Relief Fund,designated within Title V,section 5001 of the Coronavir«s
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 Rebound,-,—Municipal Small Business Grant("MSBG")
program to help local businesses and organi7mtions afFected by C OVID-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 lousiness interruptions due to COV1D-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 C0'vTID-19 pandemic,as set forth m Title V, section 5001 of the CARES
Act;Idaho Governor's Executive Order Nos.2020-07, 2020-08,and 202"gA;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 14SBG 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 ftrzth 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 WORD
A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed ten tbousand dollars
($10,000),for the approved expenses, asset forth in Exhibit A. Grantee shall utilize MSBG funds
granted hereunder in a manner consistent with this Agreement,the MSBG Rules,
B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that
Grantee meets each of the following criteria:
MSBG G TEe At;&EEMENT PACES I
Page 156
Item#8.
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.
5. Grantee has incurred expense s,aused by COVID-19 related incidents, decisions, or qualified
business intemiption(e.g.,local closure orders,need for personal prntective 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 COVED-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
anypoint during 2020.
10.Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances; and.
regulations.
C. Ongoing eligibility; dupl"ecation 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.. IfCmantee receives or applies for other finding sources
for the expenses described in this Agreement,Gra dee 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 o_freceipt 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 Tdaho. Insofar
as such records are exempt from disclosure under 1PRA 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 trausparent.idaho.gov website and on the City of Meridian's
Economic.Development wcbpage, and may be disclosed upon request in accordance with the Idaho
Public Records Act.
ILL GEDMRa 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 tlx:funds to City, City shall,have no
N4SBG GRANTEE AGREEMENT PAG E 2
Page 157
Item#8.
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 TV Meridian Pita LLC
Attn: Economic Development Administrator ATTN:Ashley Smith,Owner
33 E.Broadway Avenue 5798 W Victory Rd
Meridian,Idaho 53642 Nampa,ID 83697
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
an&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 o f 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 o'frace,color, creed,religion,ancestry, national origin., sex,
disability or ether 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 sball 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 emotive 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 MLSEG Rules,or any rule,
regulation,statute,executive order, or U.S.Treasury, State, or City guideline,policy or
M SBG GRANTEE AGREEMENT PAGE 3
Page 158
Item#8.
directive as may become applicable at any time;
la. Failure to.fulfill iu 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 evert.that MSBG funds for the purposes set forth in this
Agreement are not made available to City,this Agreemcnt 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 tennination for cause attributable to Cmautee'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 onfcrrce
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 WITLESS 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:
TV Meridian Pita LLC
.Ashley Smith, er
CITY:
City of Meridian Attest:
By: Robert E. Sin icon,Mayor Cbris Johnson,City Clerk
MSEG GRANTEE AGREE Ev_ r PAGE 4
Page 159
Item#8.
EXHIBIT A:APPROVED EXPENSES
Eligible Expense Amount
Rent-September 4546.28
Rent-October 4546.28
Rent-November 4546.28
Approved Amount 10,000.00
MSEGGRANTEE AGREEMENT PAGE 5
Page 160
Item#8.
AGREEMENT BETWEEN CITY OF MERIDIAN AND
TREASURE VALLEY STRENGTH& CONDITIONTG LLC FOR IDAHO REBOUNDS—
MUNICIPAL SMALL BUSINESS GRANT FUNDS
This Agreement is entered into this_2__oday of AJ o v 2020 by and between the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho {"City") and
TREASURE VALLEY STRENGTH &CONDITIONING 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`SCARES 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 COV1D-I9 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:
1. 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 GRAN C'F..F..AGREFNI NT PAGE]
Page 161
Item#8.
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.
S. 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 terns 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 snake
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 wcbsite 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
MSBG GRANTEE AGREF..mF.Nj' PAGE 2
Page 162
Item#8.
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 Treasure Valley Strength &Conditioning LLC
Attn: Economic Development Administrator ATTN: Seth Conder, Managing Member
33 E. Broadway Avenue 2483 E Fairvew Ave,, Ste. 41.08
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 er 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 elate thereof.
2. Termination for cause. Termination of this Agreement, in whole or irr 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,execrative order, or U.S. Treasury, State,or City guideline,policy or
MSBG GRANTEE A"sREEMLN'r PACL 3
Page 163
Item#8.
directive as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Improper use of funds provided under this Agreement; or
d. Submission of receipts, reports,or documents that are incorrect or incomplete in any
material respect.
3. Void if funds not available" In the event that MSBG funds for the purposes set forth in this
Agreement are not made available to City,this Agreement shall be void, and City shall have no
obligation to Grantee,whether under this Agreement or under any legal or equitable claim.
G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions,
Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds
disbursed:
H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior
written consent of City.
1. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time,notwithstanding delay
in enforcement.
J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any
and all applicable federal, state,and local laws.
FL 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:
Treasure Valley Strength&Conditioning LLC
Seth Conder, Managing Member
CITY:
City of Meridian Attest:
By: Robert E. Simison,Mayor Chris Johnson,City Clerk
MSBG GHANn E AGREEMENT PAGE.4
Page 164
Item#8.
EXHIBIT A: APPROVED EXPENSES
Eligible Expense Amount
Rent-July 3113.95
Rent-August 3113.95
Rent-September 3113.95
Idaho Power-August 251.35
Idaho Power-September 252.77
Idaho Power-October 197.05
Total Eligible Expenses 10,043.02
Approved Amount 10,000.00
MSBG GRAN-i,p.v,.AokF,' ..mL,, fI PAGE 5
Page 165