HomeMy WebLinkAboutURA RES 2020-23RESOLUTION NO. Z.OZO-2,3
URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO
GRANT AGREEMENT AND WRITTEN COMMITMENT
THIS AGREEMENT and COMMITMENT is made as of the I Ith day of May 2020, by
and between The URBAN RENEWAL. AGENCY OF THE CITY OF CALDWELL, IDAHO.
sometimes referred to as the Caldwell East Urban Renewal Agency, hereinafter referred to as
"URA," and AMFEC Inc., an Idaho company of 4923 E Linden Street, Caldwell, hereinafter
referred to as "COMPANY."
A. WHEREAS, The Urban Renewal Agency of the City of Caldwell, Idaho
("Agency") is an urban renewal agency of the State of Idaho duly established pursuant to the Idaho
Urban Renewal Law of 1965, Idaho Code $ 50-2001, et seq.; and
B. WHEREAS, Pursuant to Idaho Code S 50-2008, Agency has prepared a Plan
("Plan") for the renewal of the Caldwell East Urban Renewal Area (`Area"); and
C. WHEREAS, The Caldwell City Council adopted and approved the Plan in
accordance with Idaho law by enactment of Ordinance No. 2260 on December 21, 1998, and has
similarly adopted by ordinance in accordance with Idaho law every amendment thereto; and
D. WHEREAS, The Plan, as has from time to time been amended, is advanced by the
use of revenue allocation funding for private infrastructure improvements, the improvement of
deteriorated buildings and sites, and the removal of conditions that result in economic
underdevelopment in downtown Caldwell, Idaho; and
E. WHEREAS, The Plan, as has from time to time been amended, is advanced by
enhancing the downtown Caldwell area to make it more attractive for private development and
investment and bring customers for existing businesses to the downtown area; and
F. WHEREAS, The creation of new full-time equivalent employment opportunities
in the Area and the increased tax revenues resulting from business development, expansion or
relocation within the Area is beneficial to the local economy and furthers the objectives and goals
of the Plan; and
G. WHEREAS, URA has determined that offering financial incentives for capital
improvements based upon demonstrable ,job creation in the Area encourages either existing
businesses to expand or new businesses to enter the Area and thereby furthers the objectives and
goals of the Plan; and
GRANT AGREEMENT AND WRITTEN COMMITMENT- PACE 1
H. WHEREAS. URA has created the Business Incentive Grant: and
I. WHEREAS, COMPANY has been determined to be eligible to receive a Business
Incentive Grant from the URA; and
J. WHEREAS, URA finds and declares that it is consistent with and furthers the
objectives and goals of the Plan to award a Business Incentive Program Grant to COMPANY
pursuant to the terms of the Proposal and this Agreement; and
K. WHEREAS, COMPANY has completed capital improvements resulting in the
creation of new, full-time equivalent employment positions in accordance with the Business
Incentive Grant application approved by URA:
NOW, THEREFORE,, In consideration of the Business Incentive Grant to COMPANY
described in this Agreement, COMPANY binds and obligates itself to the following terms,
provisions and conditions:
1. GRANT: On May 13Ih, 2019 URA approved COMPANY'S grant application,
which outlined a commitment to make certain capital improvements and, in
association with such improvements, create at least Avenfi (20) guali&ing nein litll-
time positions. LIRA acknowledges that the proposed capital improvements have
been completed and that, based on the information available to it as of the date of
this resolution.
The number of qualifying new full-time positions created in connection with the
aforementioned capital improvements is at least twenty 20, as evidenced by the
State of Idaho Unemployment Insurance Wage Report dated December 31, 2019
and attached hereto and marked as Exhibit "A". URA, by this Agreement, approves
a grant award to COMPANY for partial reimbursement of eligible Project costs, as
defined in Idaho Code § 50-2903(14), which partial reimbursements shall be paid
as follows:
(a) For each qualifying new full-timeosp ition remaining in existence for the
duration of the two (2) year "grant period," which grant period shall commence from
January 1, 2020 through December 31, 2021. URA will reimburse COMPANY
$10.000.00 per position of its Project eligible capital improvements. Total reimbursements
under this grant shall not exceed $200,000.00.
(b) For purposes of the subsection (a) above, the term "qualifying new full-time
position(s)•' shall refer to each full-time equivalentosp ition with the COMPANY as
represented on COMPANY's quarterly State of Idaho Unemployment Insurance Wage
Reports, which meets the qualifications set forth in subparagraph (d) below; COMPANY
acknowledges its responsibility to maintain a minimum of twenty "qualifying new full -
GRANT AGREEMENT AND WRITTEN COMMITNIENT- PAGE 2
time positions" full-timeosip tions during the entire "grant period" in order to receive the
maximum reimbursements available hereunder, and that if COMPANY fails to maintain
that minimum, future payments may be reduced and/or reimbursements by COMPANY
may be required, pursuant to subsection (c), below.
(c) The reimbursements contemplated in subsection (a) above shall be paid in
installments of $1,250.00 per quarter, for each qualifying new full-time position that
remains in existence for the entire two (2) year "grant period." Quarterly payments of that
amount will be made within 45 days following receipt by the URA of COMPANY's State
of Idaho Unemployment Insurance Wage Report and supporting detail representing the
quarter in question. All payments are expressly contingent on submission of approved
reports evidencing continued compliance with all terms and conditions of the grant.
COMPANY acknowledges that each of said installment payments is contingent upon
COMPANY maintaining at least twenty (20) qualifying new full-time positions for the
entire "grant period", and that should COMPANY fail to maintain said minimum number
of qualifying new full-time positions, it shall reimburse URA for any overpayments
resulting therefrom in accordance with the terms of Section 4, below: COMPANY
expressly authorizes URA to discontinue, reduce, offset or suspend future installment
payments otherwise due to COMPANY, in order to recover such overpayments.
(d) In order to be considered a "qualifying" new full-time position, each of the
qualifying new full-time positions must be a minimum hourly rate of $25.00 per hour,
including COMPANY payments for health insurance and 401 k employer contributions. In
order to meet these requirements, the total of wages reported on the State of Idaho
Unemployment Insurance Wage Report added to the actual quarterly cost for health
insurance and 401k employer match for each employee divided by 520 hours must be
greater than or equal to $25.00. "New" positions are considered positions that are new to
the Caldwell area and in which the position reports to and is maintained from the Caldwell
facility.
2. USE OF FUNDS: COMPANY will only use grant funds for reimbursement of
expenses incurred in furtherance of the Project and in accordance with the Project terms.
3. COMPLIANCE INSPECTIONS: Observation and inspection visits by URA or
the City of Caldwell ("CITY") will be scheduled with the prior approval of COMPANY, which
shall not be unreasonably withheld or delayed. COMPANY shall not be responsible for any
expenses associated with such visits.
4. REPAYMENT OBLIGATION: COMPANY will repay any portion of the grant
funds not used for the purposes of the Project or in compliance with the Project terms when it
becomes apparent to COMPANY that such funds exist or within 30 days after notification by
URA. As noted in Section (1)(c) above, URA reserves the right to discontinue, reduce, or suspend
GRANT AGREEMENT AND WiurrEN CO:MMITMEN'r- PAGE 3
reimbursements and/or adjust future reimbursement payments if fails to maintain the required
minimum of twenty (20) qualifying new full-time positions during the grant period.
5. PROJECT COORDINATOR: COMPANY hereby designates DARREL
GUSTAVESON as Project Coordinator for the Project and grant compliance required by this
Agreement and the Project terms. The Project Coordinator shall direct the Project and control the
manner of its performance. hr the event the Project Coordinator is no longer employed by
COMPANY or becomes unable or unwilling to complete the Project for any reason, COMPANY
shall, within ten (10) days, notify URA in writing of such event and propose a substitute Project
Coordinator. URA shall have the option of (i) accepting the substitute Project Coordinator; or (ii)
terminating the grant.
6. REPORTS: Each quarter, COMPANY will submit State of Idaho Unemployment
Insurance Wage Reports and in a format acceptable to URA an itemized list of qualifying
employees showing the amounts of health insurance and 401 k payments made on behalf of the
employee. Reports shall include company name, the grant period covered in the request, the
number of full-time employees and a Project Compliance Statement confirming the grant funds
are being used in compliance with the terms of the "Grant Agreement".
7. ACCOUNTS AND RECORDKEE.PING: COMPANY shall maintain books and
records regarding the Project and the grant funds and make them available for inspection by URA
and/or CITY, upon request, subject to any limitations imposed by applicable law. COMPANY
shall maintain copies of any records and reports under the grant for a period of at least five (5)
years after the grant period ends.
S. WARRANTIES AND REPRESENTATIONS: In order to induce URA to make
the grant described in this Agreement, COMPANY represents and warrants to URA that:
i. This grant Agreement is the legal and binding obligation of COMPANY.
enforceable in accordance with its terms, except as limited by bankruptcy, insolvency. or other
applicable laws.
ii. The Project and the use of funds will comply with the objectives set forth
in documents expressing the Project terms, as well as all applicable laws, rules and regulations to
which the COMPANY is subject.
iii. There is no fact known to COMPANY or its agents or employees which
would materially affect URA's decision to provide funding under this grant Agreement which has
not been disclosed to URA.
iv. COMPANY shall maintain insurance with responsible and reputable
companies in such amounts and covering such risks as is prudent and is usually carried by entities
CRAINT Acaerrou:NT AND WRITTEN Co.rtaurarENr — PAGE 4
engaged in operations similar to that of COMPANY. COMPANY shall furnish URA with
evidence of compliance upon URA's request. To the extent permitted by law, COMPANY hereby
agrees to indemnify, defend and hold harmless URA from and against any and all losses, expenses,
costs, obligations, liabilities and damages, including interest, penalties and reasonable attorney's
fees and expenses, that URA may incur as a result of any negligent or willful acts or omissions of
COMPANY or any of its agents or employees.
9. URA COMPLIANCE: The parties agree and acknowledge that the foregoing
conditions comply with URA's obligations under applicable law to make reasonable efforts and
establish adequate procedures to see that the funds are spent solely for the purpose for which they
were provided and to obtain full and complete records on how grant funds have been expended.
Changes in applicable taw, regulations or rules, may require URA to request more detailed reports
or employ additional measures to monitor the administration of this grant. COMPANY agrees to
comply with any such changes upon reasonable notice.
10. MISCELLANEOUS:
a. NO IMPLIED WAIVER: No failure to exercise. and no delay in
exercising, any right under this Agreement shall operate as a waiver against URA, nor shall any
single or partial exercise of a right preclude any other or further exercise thereof or the exercise of
any other associated or alternate right.
b. GOVERNING LAW: This Agreement shall be construed in accordance
with and governed by the laws of the State of Idaho.
C. SEVERABILITY: In the event that any provision or any part of a
provision of this Agreement shall be finally determined to be superseded, invalid, illegal or
otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction, such
determination shall not impair or otherwise affect the validity, legality, or enforceability of the
remaining provisions or parts of provisions hereof, which shall remain in full force and effect as if
the unenforceable provision or pat were deleted.
d. ENTIRE AGREEMENT: This Agreement, together with the documents
referred to herein, constitutes the entire agreement between the parties hereto. No oral
representations or other agreements have been made by the parties except as stated herein. This
Agreement may not be changed in any way except as herein provided, and no term or provision
hereof may be waived except in writing signed by a duly authorized officer or agent.
e. VERIFICATION AND WARRANTY: COMPANY acknowledges and
represents to URA that the Proposal, and all statements therein, were true, accurate and complete,
and remain true, accurate, and complete. Company acknowledges that URA has relied on such
statements in deciding to award a grant by the Agreement.
GR:wTAGREE ENTANDWRITrENC:omNn'r.%iFN"r-P,%CE5
f. PARAGRAPH HEADINGS AND TITLES: The title of any paragraph
of this Agreement is for convenience only and shall not be deemed to limit, restrict or alter the
content, meaning or effect thereof.
g. PUBLICITY: No press releases or publicity will be issued or conducted
regarding the Project without obtaining URA's comments and prior written approval thereof.
h. NON-DISCRIMINATION: COMPANY warrants and represents that all
of its employees are treated equally during employment without regard to race, color, religion,
disability, sex, age, national origin, ancestry, marital status, or sexual orientation.
i. ATTORNEYS FEES: if any legal action or other proceedings is brought
for the enforcement of this Agreement, or because of an alleged dispute. breach, default or
misrepresentation in connection with any provisions of this Agreement, the successful or
prevailing party or parties, shall be entitled to recover reasonable attorney's fees, court costs, and
all expenses (including taxes) even if not taxable as court costs (including, without limitation, all
such fees, costs and expenses incident to appeals), incurred in that action or proceedings, in
addition to any other relief to which such party or parties may be entitled.
j. NOTICES: All notices, demands, or other writings required to be given or
made or sent in this Agreement, or which may be given or made or sent by either party to the other
shall be deemed to have been fully given when (1) personally delivered, (2) sent by certified United
States mail, return receipt requested, or (3) sent by Federal Express or other equivalent overnight
letter delivery to the following address or such other addresses as may be provided by the parties
in writing:
Urban Renewal Agency of the City of Caldwell
411 Blaine Street
Caldwell, Idaho 83605
AMFEC Inc.
4923 E. Linden
Caldwell, 1D 83605
GRAN, AGREENIEN, AND wRTT,r.N COMMITMENT- PAGI•. 6
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date(s)
written below.
RENEWAL AGENCY
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ATTEST:
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Caldwell Urban Renewal Age
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Secretary
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AMFEC Inc.
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Signature:
Date: -1-20 'TJ
By: Name: r
Title: C FO
GRANT AGREEMENT AND WRITTEN COMMITMENT- PAGE 7
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BIG GRANT REIMBURSMENT REQUEST (Initial Determination Contract Effective January 1, 2020)
Business Name: AMFEC #2
Quarterly Period: OCT -DEC 2019
KEY
"Qualified Employee
NonQualiffed Employees
Employee(First Name)
Employee)Last Name)
'If replacing a previous position,
please notate a new employee
here, along with the new hourly
pay rate.
Position
Employer Health
Plan Contribution
Qtrly Wage
401K Match Total
Average
Rate/Hr
Christopher
Pickett
23,494.40
23,494.40
45.18
Jillian
Pickett
18,277.88
18,277.88
35.15
Benito
Hernandez SR
11,667.91
11,667.91
22.44
Jeffrey
Martin
11,298.31
11,298.31
21.73
Shane
Wagner
10,414.39
10,414.39
20.03
Grady
Benafield
14,732.37
14,732.37
28.33
Stan
Larson
3,099.25
3,099.25
5.96
David
Figueroa
10,586.78
10,586.78
20.36
Benito
Hernandez Jr
14,385.75
14,385.75
27.66
Robert
Gifford
24,835.03
24,835.03
47.76
Nicole
Devinney
15,355.03
15,355.03
29.53
Ismael
Rodirguez
9,622.26
9,622.26
18.50
Stuart Mathew
Nelson
1,085.00
1,085.00
2.09
Alfredo
Castro
16,778.14
16,778.14
32.27
Rogelio
Valdez
10,119.67
10,119.67
19.46
Staci
Harris
11,085.30
11,085.30
21.32
Devin
Rogers
23,080.83
23,080.83
44.39
Stephanie
Dockery
12,317.62
12,317.62
1 23.69
James
Herd
9,406.48
9,406.48
18.09
Dirk Nol
Pearlstein
3,565.89
3,565.89
6.86
Scott
Ware
12,229.37
12,229.37
23.52
Miguel Arman
Garcia
13,059.50
13,059.50
25.11
Jenna Laree
Vega
12,123.62
12,123.62
23.31
Mark
Cowman
14,679.31
14,679.31
28.23
Noelia
Caloca
13,779.731
13,779.73
26.50
Wyatt
Rogers
8,135.54
8,135.54
15.65
Benji
McNair
8,637.18
8,637.18
16.61
Jacob Denn
Stradley
9,384.68
9,384.68
18.05
Tenoch
Salas
21,005.29
21,005.29
40.39
Yesenia G
Diaz
8,094.74
8,094.74
15.57
Ruben
Perez
11,312.95
11,312.95
21.76
Jamie
Castro
7,079.33
7,079.33
13.61
Juventino
Castro
14,427.041
14,427.04
27.74
Zachary Nicol
Ware
1,974.38
1,974.38
3.80
Rami
De la Portilla
5,341.29
5,341.29
10.27
Thane
Hunsaker
7,349.74
7,349.74
14.13
Jedidiah Dani
Olson
8,868.10
8,868.10
17.05
1
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73
74
75
76
77
78
79
80
81
82
83
84
85
86
Jorge
44
Valenzuela
10,414.861
10,414.86
20.03
Wade Russell
Evans
17,824.26
17,824.26
34.28
Jennifer
Schossow
16,696.66
16,696.66
32.11
Jason
Greenwood
18,295.28
18,295.28
35.18
Andrew
McCombs
14,361.46
14,361.46
27.62
Kort
Weissenbuehler
70,822.98
70,822.98
136.20
Kelsey
Rogers
10,646.31
10,646.31
20.47
Jessee Osca
Campbell
11,289.52
11,289.52
21.71
Issac
Cruz
9,932.001
9,932.00
19.10
Angel
Santana
11,226.67
11,226.67
21.59
Jose
Ornelas
10,769.30
10,769.30
20.71
Tristan
Christrensen
13,461.54
13,461.54
25.89
Austin
Bond
10,552.48
10,552.48
20.29
Lionel
Mackey
8,560.67
8,560.67
16.46
Aisha
Salinas
7,249.29
7,249.29
13.94
John
McGuire
11,094.17
11,094.17
21.33
David
Bettancourt
612.00
612.00
1.18
Teague Denn
Gregory
7,602.00
7,602.00
14.62
Tyler
Anderson
9,521.50
9,521.50
18.31
Martin
Rook
13,808.75
13,808.75
26.56
Darrell
Gustaveson
52,996.31
52,996.31
101.92
Steven
Fetter
8,985.84
8,985.84
17.28
Armando
Garcai
12,316.76
12,316.76
23.69
Tamatha
Bass
12,264.60
12,264.60
23.59
Alfonso
Guzman
10,082.52
10,082.52
19.39
David
Clapperton
11,559.84
11,559.84
22.23
Irma
Nunez
8,998.42
8,998.42
17.30
Gonzalez
Zamora
8,924.94
8,924.94
17.16
Randy
Watson
14,856.07
14,856.07
28.57
Scott
Thatcher
12,476.90
12,476.90
23.99
Anthony
Cordova
14,406.82
14,406.82
27.71
Marie Brooke
Ward
12,371.60
12,371.60
23.79
Travis
Pruitt
17,102.31
17,102.31
32.89
Christopher
Carney
29,310.78
29,310.78
56.37
Amos
Stitham
13,213.42
13,213.42
25.41
Mindy
Shipley
9,656.02
9,656.02
18.57
Matthew
Bruns
14,902.62
14,902.62
28.66
Anthony
Martin
8,328.71
8,328.71
16.02
Michael
Fish
8,299.67
8,299.67
15.96
Steven
Fish
14,640.65
14,640.65
28.16
John
Szigeti
11,632.71
11,632.71
22.37
Jose
Lara Serrano
11,432.00
11,432.00
21.98
Zachary Nicol
Ynigez
15,160.23
15,160.23
29.15
Denton
Cox
8,100.07
8,100.07
15.58
Logan
Martin
4,843.50
4,843.50
9.31
Joel
Ybarguen
9,014.18
9,014.18
17.33
Thom
Weissenbuehler
56,531.52
56,531.52
108.71
Juan
Carreon Acosta
15,256.32
15,256.32
29.34
Douglas James
Reed
9,692.491
9,692.49
18.64
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
George William
Farber
881.13
881.13
1.69
Noman
Carney
10,741.39
10,741.39
20.66
Thomas
Nicewaner
21,614.38
21,614.38
41.57
Heather
Reece
17,374.90
17,374.90
33.41
Alejandro
Maldonado
17,093.26
17,093.26
32.87
Ronald
Anderson
10,150.42
10,150.42
19.52
Ma
De Jesus Morales
15,197.88
15,197.88
29.23
Michael
Farnworth
15,327.60
15,327.60
29.48
Rudy
Guzman
9,979.08
9,979.08
19.19
Michael
Ball
8,908.11
8,908.11
17.13
Wayne
Gibbons
17,795.93
17,795.93
34.22
Jose
Reyes Morales
13,534.04
13,534.04
26.03
Daniel
Moritz
17,565.50
17,565.50
33.78
Armando
Longoria
13,694.26
13,694.26
26.34
Jorge
Aguillon
9,515.96
9,515.96
18.30
Michael
Barros
12,804.931
12,804.93 1
24.62
Paul
Wallat
13,059.65
13,059.65
25.11
Nicolas
Burks
8,376.75
8,376.75
16.11
Traci
Fox
7,749.38
7,749.38
14.90
Elias
Garcia
8,945.17
8,945.17
17.20
Jason
Anderson
9,982.21
9,982.21
19.20
Dylan
Chambers
9,454.68
9,454.68
18.18
Antonia
Meza
11,993.01
11,993.01
23.06
Jesus
Perez Martinez
15,828.86
15,828.86
30.44
Antonio
Hernandez
12,023.52
12,023.52
23.12
Pablo
Barajas Rios
13,535.61
13,535.61
26.03
Juan
Rodriguez
15,787.91
15,787.91
30.36
Stephen
Moreland
5,568.00
5,568.00
10.71
Jose
Gonzalez Roasas
11,900.61
11,900.61
22.89
Christopher
Wilson
10,246.88
10,246.88
19.71
Jorge
Meda Pelayo
8,715.78
8,715.78
16.76
Alejandro
Espinoza
8,141.63
8,141.63
15.66
Marco
Gonzalez Roasas
12,365.78
12,365.78
23.78
Oscar
Hernandez
10,525.23
10,525.23
20.24
Sergio
Mendoza
13,047.36
13,047.36
25.09
Melanie
Martinez
7,241.59
7,241.59
13.93
Miguel
Valdivia Marin
12,337.32
12,337.32
23.73
Franco
Mendoza Gomez
11,675.97
11,675.97
22.45
Jose
Magana
13,998.54
13,998.54
26.92
Caballero Martinez
11,180.62
11,180.62
21.50
Dakota
Rogers
13,114.64
13,114.64
25.22
Edgar
Perez
8,272.44
8,272.44
15.91
Villaseno
Gonzalez Roasas
11,085.36
11,085.36
21.32
Sauceda
Arredondo
5,026.88
5,026.88
9.67
Kenneth
Moncrief
(283.16)
(283.16)
(0.54)
Justiin
Omdalen
(176.59)
(176.59)
(0.34)
149.75
"Total of 47 Qualified Position as of 12.31.19
32
33
34
35
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