3/1/2021 Amendment to MOU for Small Business Grant Program

AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
(Small Business Grant Program)

The Memorandum of Understanding (the “MOU”) entered into by and

between the City of Decatur, Georgia (the “City”), the Downtown Development
Authority of the City of Decatur, and the Development Authority of the City of
Decatur (the Development Authorities are collectively referred to herein as the
“Authority”) on or about November 10, 2020, which MOU established the
framework for the Small Business Grant Program,[1] is hereby amended this 1st day
of March, 2021, as follows.

RECITALS

WHEREAS, pursuant to the MOU, the Small Business Grant Program was
established in November 2020 and work commenced thereafter to carry out the
objectives of the Program; and

WHEREAS, 42 applications that met all required criteria of the Small

Business Grant Program were submitted by the required deadline; and

WHEREAS, the 42 applications sought a combined $750,000 in grants,

which exceeded the $525,000 of available funding; and

WHEREAS, because the Small Business Grant Program was oversubscribed,

the Authority’s Oversight Committee conducted a blind draw of all timely, qualifying
applications; and

WHEREAS, the applications of 29 businesses were selected, leaving 13

businesses that did not receive grants; and

WHEREAS, the amount requested by these 13 businesses totaled $225,000;

and

WHEREAS, because a portion of the CARES Funds originally intended to be

used for projected personnel and technology expenses are not needed for such
purposes, $225,000 is available to fund the 13 applications that were not selected in
the blind draw.

NOW THEREFORE, in consideration of the following mutual

obligations, the City and the Authority agree as follows:

1. The City hereby commits up to an additional Two Hundred Twenty-Five

Thousand and No/100 Dollars ($225,000.00) of CARES Funds to be used
to fund grants for the 13 businesses whose timely, qualifying applications
were not selected.

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2. The Oversight Committee shall require these additional grant recipients to

enter into a grant agreement prior to receiving grant funds, which shall
include: (a) a sworn attestation that grant proceeds will be used for the
purposes set forth in the grant application and that recipient will abide by
post-award requirements of the grant; (b) an agreement to be subject to
follow-up auditing by the City, the State of Georgia and/or the Federal
government with respect to use of grant proceeds; (c) an
acknowledgement that in the event the City, the State of Georgia or any
Federal agency makes a determination that the grant and/or the use of the
grant proceeds was not an eligible expenditure under the CARES Act or
any other applicable law, the recipient may be required to repay the grant
proceeds; and (d) an indemnification of the City and the Authority if a
claim for return of the grant proceeds is made against the City and/or the
Authority by DeKalb County, the State of Georgia, or any Federal agency.

3. On or before March 31, 2021, the Oversight Committee shall submit to

the City Manager a written request stating the total amount needed to
fund grants awarded to the additional grant recipients (the “Second Funds
Request”).

4. Upon receipt of the Second Funds Request and subject to verification that
grant awards comply with the above requirements, the City shall transfer
from the City’s “Decatur Coronavirus Relief Fund” the amount requested,
up to Two Hundred Twenty-Five Thousand and No/100 Dollars
($225,000.00), for deposit into the Small Business Grant Account. Such
transfer shall occur on or before April 15, 2021.

5. Upon receipt of the funds from the City and in no event later than April
30, 2021, the Authority shall disburse the funds to the grant recipients.

6. The Oversight Committee shall require of the additional grant recipients

the same oversight and submission obligations required of the initial grant
recipients, which shall include at least the following requirements:

a. Remain physically located within the city limits of the City of

Decatur for a period not less than three (3) months from the date
the grant is received;

b. By no later than May 31, 2021, provide a report, on a form

promulgated by the Oversight Committee, describing how the
grant proceeds were expended;

c. Upon reasonable request by the Oversight Committee, provide

documentation of such expenditures.

7. By no later than June 30, 2021, the Oversight Committee shall include in
its written report that is required by Section 17 of the MOU information
regarding the additional grants, including the names and taxpayer
identification numbers of grantees, the amounts of the grants given, and
the uses of such grants by the grantees.

8. This Amendment may be executed in multiple counterparts, each of

which shall be an original, and all of which shall constitute but one and
the same instrument.
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3/1/2021 Amendment to MOU for Small Business Grant Program

IN WITNESS WHEREOF, the undersigned have executed this Amendment.

CITY OF DECATUR, GEORGIA

_______________________________________

By:
___________________________________

Its:
___________________________________

DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF
DECATUR, a public body corporate
and politic created and existing under
the laws of the State of Georgia

_______________________________________

By:
___________________________________

Its:
___________________________________

DEVELOPMENT AUTHORITY OF
THE CITY OF DECATUR, a public
body corporate and politic created and
existing under the laws of the State of
Georgia

_______________________________________

By:
___________________________________

Its:
___________________________________

[1]
Defined terms have the same meaning as in the MOU.

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