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STATE OF TEXAS ) CHAPTER 381 ECONOMIC DEVELOPMENT PROGRAM
) AGREEMENT/ FINANCIAL ASSISTANCE FOR SAFETY,
COUNTY OF EL PASO ) TECHNOLOGY & ECONOMIC RESILIENCE (FASTER)
This chapter 381 Economic Development Program Agreement ("Agreement") is made and
entered into by and between the COUNTY OF EL PASO, TEXAS ("County"), a political
subdivision of the State of Texas, and PEOPLEFUND, ("Contractor"), a Texas non-profit
organization, for the purposes and considerations stated below. The County and the Contractor are
also referred to herein as a "Party" and collectively as the "Parties."
WHEREAS, on the 11th day of March, 2020 the Novel Coronavirus Disease, COVID-19,
was declared a pandemic by the World Health Organization, and a National Emergency was
declared on the 13th day of March, 2020 in the United States concerning the COVID-19 outbreak;
and
WHEREAS, COVID-19 has had a devastating impact on small businesses in the County
of El Paso and its residents are at risk of unemployment as a result; and
WHEREAS, small businesses are at great risk of closing permanently if the crisis
continues; and
WHEREAS, the County’s Commissioners Court is committed to helping local businesses
keep functioning and open for the future and has expanded appropriated funds in response to the
worst Covid-19 outbreak in the County; and
WHEREAS, the County desires to contract, pursuant to Chapter 381, with the Contractor
for the administration of the Financial Assistance for Safety, Technology & Economic Resilience
(FASTER) Program for the support of local businesses by providing forgivable and zero interest
rate loans to eligible FASTER applicants; and
WHEREAS, the Contractor desires to enter into this Agreement pursuant to Chapter 381
of the Texas Local Government Code ("Chapter 381") § 381.004; and
WHEREAS, the County has the authority under Article III, Section 52-a of the Texas
Constitution and Tex. Loc. Gov't Code § 381.004 to make use of public funds for the purposes of
promoting local economic development and stimulating business and commercial activity within
the County of El Paso; and
WHEREAS, the County wishes to engage the services of Contractor for the administration
of the FASTER Program for the support of local businesses; and
WHEREAS, Contractor is knowledgeable and capable of providing said services and
related activities in EI Paso County, Texas; and
WHEREAS, the County has concluded and hereby finds that this Agreement embodies an
eligible "program" and promotes economic development in the County of El Paso and, as such,
meets the requisites under Chapter 381 of the Texas Local Government Code, is in the best
interests of the County and Contractor.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set
forth, the Parties agree as follows:
1. SCOPE OF SERVICES. Contractor shall provide the programs and services identified in
Exhibit A, General Scope of Work, attached hereto and made a part hereof for all purposes.
Contractor shall also comply with all guidelines and directives as described in Exhibit C. In the
event of any conflict between Exhibits A and C, the directives established in Exhibit C shall
supersede those in Exhibit A.
2. TERM. The term of this Agreement shall be from January 11, 2021 to December 31, 2022
or upon Closure of the Loan Program, whichever is later, as defined below. Any additional or
subsequent agreement shall only be valid if made in writing and signed by both Parties. Closure of
the Loan Program shall mean the date that the Contractor accepts any and all final repayments due
from borrowers, submits any final reports due to the County in connection with this Agreement,
provides notice of default to any borrower remaining in default, administers the collection of
defaulted loans, reports such defaults and collection efforts to the County, and otherwise submits
any final documentation as required by the County.
3. COMPENSATION. The County will disburse the administrative fee to the Contractor for
the FASTER program in an amount not to exceed 5% or EIGHTY SEVEN THOUSAND AND
FIVE HUNDRED 0/100 DOLLARS ($87,500.00) for administration of the program presented to
the El Paso County Economic Development Director or their designee and verified by him/her as
being authorized expenditures, described in "Exhibit A", incurred for program related costs
delivered between January 21, 2021 and December 31, 2022 or upon Closure of the Loan Program,
whichever is later (“Administrative Fee”).
4. DISBURSEMENT OF ADMINISTRATIVE FEE AND PROGRAM LOANS. The
program funding will be issued to the Contractor in two disbursements: 50% of allotted funds and
half of the administrative fee, as described below, or NINE HUNDRED AND EIGHTEEN
THOUSAND SEVEN HUNDRED AND FIFTY 0/100 DOLLARS ($918,750.00) payable within
10 days of the execution of this Agreement (“First Disbursement”) and 50% or NINE HUNDRED
AND EIGHTEEN THOUSAND SEVEN HUNDRED AND FIFTY 0/100 DOLLARS
($918,750.00) payable upon full reporting, as described in this Agreement, and expenditure of the
First Disbursement (“Final Disbursement”). Final Disbursement is contingent on full reporting of
recipients under the First Disbursement to County. If the County determines that sufficient
progress is not made towards expenditures of advanced funds and/or Contractor fails to meet
financial reporting obligations and program deliverables as outlined in Exhibit A, County, at its
sole discretion, may not disburse to Contractor the Final Disbursement.
For clarity, the total funds allotted for the program shall be ONE MILLION SEVEN HUNDRED
AND FIFTY THOUSAND AND 0/100 DOLLARS ($1,750,000). Together with the
Administrative Fee, the County will disburse to the Contractor an amount not to exceed ONE
MILLION EIGHT HUNDRED AND THIRTY SEVEN THOUSAND AND FIVE HUNDRED
0/100 DOLLARS ($1,837,500).
If the County determines that sufficient progress is not made towards expenditures of advanced
funds and/or Contractor fails to meet financial reporting obligations and program deliverables as
outlined in Exhibit A, the County, at its sole discretion, may require the Contractor to return any
remaining funds of the First Disbursement or Final Disbursement. For clarification, if, as a result
of any audit, it is determined that the Contractor has falsified any documentation or misused,
misapplied or misappropriated the funds or spent funds on any ineligible activities, Contractor
agrees to reimburse County the amount of such Program Funding within 30 days. This Section
shall survive the termination or expiration of this Agreement.
5. AUTHORIZED EXPENDITURES. Only approved expenditures for items listed in
Exhibits A or B are authorized under this Agreement. Any proposed changes to the services and
expenses listed shall be made in writing and agreed to by both parties.
6. FUNDING REPORTING FORM. Contractor shall submit the funding reporting form
attached hereto as "Exhibit B", and additional required documentation, on a monthly basis. Reports
shall be submitted no later than the 15th day of the following month and must be presented by no
later than December 31, 2022, or upon Closure of the Loan Program, and any requests submitted
after December 31, 2022, or upon Closure of the Loan Program, shall not be authorized pursuant
to this Agreement. Contractor shall submit itemized reports describing in detail the goods and
service, as provided in Exhibit B. Receipts or copies of the cleared checks (front and back) relating
to the expenditure of funds are required to be submitted at the time of the submission of the funding
reporting form. The County shall not be billed for any expenses for which Contractor is reimbursed
from any other source. For clarification, the funding reporting forms shall not be used to submit
requests for additional funding. Any additional funding above and beyond the Administrative Fee,
Program Loans, as described in this Agreement, shall be made via a written agreement that is
signed by both Parties.
7. DISBURSEMENT AND REPAYMENT OF LOANS. The disbursement of FASTER
funds in the form of loans by Contractor to recipients shall be performed between January 21, 2021
and September 30, 2021. Loan repayment details are included in Exhibit A.
Contractor agrees to apportion any loan repayments for the creation of the El Paso County Dream
Makers Fund as repayments are received by the Contractor. The El Paso County Dream Maker
Fund will be a small business loan program supported by an intended permanent revolving small
business loan fund, made available to qualified El Paso County small businesses within El Paso
County and administered by PeopleFund. PeopleFund will be allowed to receive interest income
from the revolving loans. Principal payments will revolve back into the El Paso County Dream
Maker Fund. The revolving loan fund may be further reduced by loan defaults. PeopleFund will
use its normal risk avoidance and underwriting policies then in place to administer small business
loans from this revolving loan fund. The ongoing use of the funds through a revolving loan fund
shall be reported on a quarterly basis to the Economic Development Department with a courtesy
copy also sent to the El Paso County Auditor. The County shall reserve the right to inspect and
monitor the use of the funds to ensure compliance with all applicable federal, state and local
regulations. PeopleFund shall apportion any loan repayments into the El Paso County Dream
Makers Fund, but shall not disburse any loan funds until the County and Contractor enter into an
agreement regarding the qualifications and terms of the Dream Maker Fund small business loan
program. The Parties shall negotiate such an agreement in good faith within four (4) months of
the execution of this Agreement. In the event that the Parties cannot come to an agreement
regarding the Dream Maker Fund small business loan program within four (4) months of the
execution of this Agreement, any loan repayments received by the Contractor shall be sent to the
County on a monthly basis, less an additional 5% loan servicing fee, along with its submittal of
the Fund Reporting Form, as provided in Exhibit B.
8. PERFORMANCE AND REPORTING. The County shall have the right to monitor
performance of the Agreement on a periodic basis to assure compliance with its provisions.
9. AUDIT. To the extent of any funds exchanged in connection with the Agreement between
the Parties, the County shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three (3) years, have
access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of Contractor involving transactions relating to this Agreement at no additional
cost to County. IF, AS A RESULT OF ANY AUDIT, IT IS DETERMINED THAT THE
CONTRACTOR HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED
OR MISAPPROPRIATED THE FUNDS OR SPENT FUNDS ON ANY INELIGIBLE
ACTIVITIES, CONTRACTOR AGREES TO REIMBURSE COUNTY THE AMOUNT OF
SUCH MONIES WITHIN A REASONABLE TIME. This Section shall survive the termination
or expiration of this Agreement.
10. PERSONNEL AND FACILITIES. The Contractor represents:
(A) That it has, or will secure at its own expense, all personnel required to perform the services
under this Agreement and that such personnel shall not be employees of or have any contractual
relationship with the County,
(B) Contractor shall provide such office space, equipment, supplies, and other materials as
may be necessary to accomplish the services outlined herein.
11. INDEPENDENT CONTRACTOR. Contractor is hired and engaged as an independent
contractor and is not an officer, agent or employee of the County.
12. TERMINATION. County may terminate this Agreement at any time, by providing Contractor
with 10 days’ written notice of termination. The County may terminate this Agreement at any time for its
convenience or for any other reason if it determines that termination is in its best interests, or is
otherwise appropriate, by giving 10 days’ written notice to the Contractor of such termination and
specifying the effective date thereof. Termination pursuant to this section shall not be applicable to funds
that the Contractor is legally or contractually obligated to pay as a result of project activities entered into
prior to the date that it receives written notice of termination.
Upon termination of this Agreement, the Contractor shall deliver to the County all papers, work
papers, and other materials, which will document the services provided hereunder by Contractor. If
this Agreement is terminated, then the Contractor shall within 30 days pay back to the County any
unspent funds disbursed by the County to the Contractor under this Agreement. In the event that the
County terminates this agreement or, in lieu of termination, continues the agreement on the
condition that certain breaches or defaults of said contract are remedied within a period of 60 days,
the County shall reserve and retain the right to demand reimbursement of funds improperly
allocated or spent by Contractor. In the event Contractor requests that County substantially amend
the services to be delivered, as described herein, then County has the right to terminate this
Agreement. Contractor acknowledges that funding to pay for materials and services under the
Agreement is subject to annual appropriations by the County's governing body. In the event this
funding is not appropriated in any fiscal year, the County may terminate the Agreement between the
Parties upon 60 days prior written notice without incurring any termination liability or penalty.
13. NOTICES. All notices, under this Agreement shall be either hand- delivered or if sent, by
Certified Mail, Return Receipt Requested, to the respective Parties at the respective addresses
shown below, unless and until either Party is otherwise notified in writing. Payments by the County
to the Contractor shall be sent via standard mail. Reports may be submitted via email to
COUNTY: El Paso County Economic Development Director
El Paso County Courthouse
500 E. San Antonio, Ste. 312
El Paso, Texas 79901
CONTRACTOR: PeopleFund CDFI
6070 Gateway Blvd. E Suite 105E
El Paso, TX 79905
EMAIL ADDRESS
14. INDEMNIFICATION. The County shall not be subject to any obligations or liabilities of
the Contractor incurred in the performance of this agreement. The Contractor expressly agrees to
indemnify and hold harmless the County from any and all liabilities and obligations incurred due
to its negligence, any actions outside its scope of authority, any of its negligent acts or any omission
to act, any breach of contract, or actions of the Contractor outside the scope this agreement.
15. REGULATIONS. Both Parties hereto agree and recognize that laws, rules, and regulations
related to this Agreement and performance by either Party are subject to change. As such, both
parties specifically agree that any of the provisions in this Agreement may be changed to bring this
program or the County of El Paso into compliance with such laws, rules, and regulations. Notice of
such changes will be given to the other Party as soon as notice is received by either Party of the
changes in applicable laws, rules and regulations; however, any such changes which must take
effect to bring the County of El Paso or this program into compliance with such changes will take
effect as soon as is needed to comply with such changes in the laws, rules, and regulations.
16. COVENANTS.
(A) No Assignment. Contractor shall not assign, delegate, or attempt to so convey an interest
in this Agreement. In the event Contractor does attempt to so convey an interest in this Agreement,
said Agreement shall be terminable, at the discretion of the County, without notice to Contractor.
(B) Compliance with Laws. Contractor shall comply with all applicable federal, state, and
local law, including federal, state, and local tax laws, now in effect or hereafter enacted. Failure to
do so in any manner which materially impairs the quality of performance hereunder, or affects the
administration of the funds provided hereunder shall constitute a material breach of this Agreement.
(E) Subcontractors. None of the services covered by this Agreement shall be subcontracted
without the prior written consent of the County. The Contractor shall be fully responsible to the
County for the acts and omissions of its subcontractors, and of persons either directly or indirectly
employed by them.
17. CONFIDENTIALITY. Notwithstanding anything to the contrary in the Agreement, the
Parties acknowledge and agree that County is a political subdivision of the State of Texas. As such,
County is subject to the requirements of the Texas Public Information Act, Government Code
Chapter 552. In the event that County receives a request for information that is confidential, or a
trade secret, under the Agreement, County will provide Contractor an opportunity to enforce its
privacy rights pursuant to section 552.305 of the Texas Government Code or other relevant law. If
County receives a public information request affecting Contractor's confidential information or trade
secrets under this Agreement, County will submit a request to the Texas Attorney General to
withhold such information. County will also provide reasonable notice to Contractor so that
Contractor may submit a brief to the Texas Attorney General on its own behalf.
18. LAW GOVERNING CONTRACT. This Agreement is deemed to be under and shall be
governed by, and construed according to, the laws of the State of Texas. Any litigation arising out
of this Agreement shall be had in the Courts of El Paso County, Texas.
19. TAXES: County is a tax exempt political subdivision of the State of Texas and shall not be
liable for any taxes from which it is exempt. The Parties understand and agree nothing referenced in
the Agreement modifies or waives any sovereign immunity, lien or indemnity prohibition, defense,
or limitation of liability enjoyed by County, its elected officials, or employees at common law or
under other Texas law.
20. ENTIRE AGREEMENT. This Agreement, together with all Exhibits, constitutes and
expresses the entire Agreement between the Parties hereto in reference to the services of the
Contractor for the County, and in reference to any of the matters herein provided for, or herein
discussed or mentioned, in reference to the providing of such services, all promises, representations
and understandings relative thereto herein being merged. This Agreement may only be modified in
writing, signed by both of the Parties.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
IN WITNESS WHEREOF the Parties have executed this Agreement effective on day of , 2021.
COUNTY OF EL PASO, TEXAS
By
County Judge Ricardo Samaniego
APPROVED AS TO LEGAL FORM: APPROVED AS TO CONTENT:
__________________________________ _____________________________
Assistant County Attorney Interim Economic Development Director
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
CONTRACTOR:
PeopleFund
By:
Name: Gustavo Lasala
Title: Chief Executive Officer
EXHIBIT A
GENERAL SCOPE OF WORK
The following Duties and Responsibilities of Contractor are in addition to the duties and responsibilities of the
Contractor that are included in the Agreement.
Contractor will determine eligibility of Borrowers following Criteria, more specifically described on
Exhibit "C" attached hereto, and help prepare Borrowers for loan application.
Contractor will administer the loan process from application to loan approval and loan disbursement to
completion of the loan repayment period.
Contractor will provide technical assistance to Borrowers throughout the loan process to best ensure
Borrower success.
During the loan repayment period, Contractor will provide technical assistance to Borrowers as needed
and ensure Borrower compliance with Agreement requirements.
To the extent that a loan will be repaid by a borrower, in accordance with Exhibit C, the Contractor
shall administer the repayment into the Dream Makers Fund and report to the County any repaid funds,
in accordance with Exhibit B.
To the extent that a borrower defaults on repayment of a loan that needs to be repaid, the Contractor
shall provide notice of default to such borrower. After the notice of default is provided, the Contractor
shall report such default in its monthly submission to the County, as provided in Exhibit B. After such
reporting, the Contractor shall be responsible for collection of any loans in default.
Contractor will ensure that borrowers are in compliance with the program requirements, as described in
this Agreement. In the event that the Contractor disburses loans to a borrower that is not in compliance,
Contractor shall be responsible for recuperating the loans funds disbursed, at no additional expense to
the County. All loan funding recuperated shall be made available to the Dream Maker Fund.
Program Summary: The pursuant to Chapter 381 of the Texas Local Government Code, the County of El Paso intends to provide
financial assistance in the form of forgivable loans of up to $50,000 to eligible small business as described in
Exhibit C of this Agreement between the County and Contractor. Under this program, PeopleFund will: provide
an efficient online application for interested Applicants, determine the eligibility of Applicants based on
requirements established by the City, process applications, make loan amount determinations, disburse loans
directly to eligible awardees, determine whether the participants meet the forgiveness criteria, monitor
compliance and provide reports. The culmination of this program will provide economic assistance to small
businesses that have suffered economic losses due to business interruptions caused by COVID-19.
1. Online Application: The online application utilized for this program will be a web form that PeopleFund will create and monitor
directly on the PeopleFund website. The application will be publicly accessible through the county of El Paso
website and PeopleFund website in English and in Spanish and a link will be provided to all County resource
partners, and clients for ease of access. The application will consist of the following: identifying information for
the Applicant including Business Name, Applicant Name, EIN/TIN/SSN, address, contact information (email
and phone), and necessary information to verify eligibility under the FASTER program.
2. Pre-Eligibility Determination: Once an Applicant submits an online application, the application will be
picked up by a PeopleFund team member for review and the client will be contacted with further instructions.
For security purposes, in regards to keeping Applicant personal information safeguarded, once submitted, the
application will be accessed by a PeopleFund team member using a secure employee login to our website and
email system. Applications will then only be shared with the PeopleFund employees directly involved in the
management and administration of this project. The primary point of contact for this program will be Katherine
Sobel ([email protected], phone (832) 264-0220). She will manage the team responsible for processing
applications, program management and reporting.
Once a pre-determination has been made by reviewing the Applicant’s eligibility based on the information
submitted, a PeopleFund team member will reach out to the client with further instructions and a request for
additional documents if needed, or a denial. If a determination of a denial is made, PeopleFund will notify the
Applicant and the County in writing with the reason for denial.
3. Request for Documents: Certain documents will be necessary to verify the Applicant’s eligibility including:
a completed and signed IRS W-9 Form, Business EIN/TIN/SSN, 2019/18 tax return, financial statements, and
other financial and employment data including IRS Form 941. Additionally, the Applicant will need to provide
a written statement detailing the economic hardship. Documents provided by the Applicant to the Contractor
will be submitted directly to the PeopleFund team member performing the review via email if they were not
originally provided via the online application.
4. Final Eligibility Determination: If the Applicant is deemed as having qualified for a forgivable loan, the
PeopleFund will notify the Applicant that their application meets all requirements and will be placed in a queue
for funding and schedule a date for disbursement. During the disbursement period as defined in the
accompanying Agreement, PeopleFund will provide the County with a monthly report with number of loans
closed, dollars disbursed and other relevant information.
5. Application Deadline: Applications will received between January 31 and September 30 2021. The deadline
may be extended if there is not a sufficient amount of applications received.
Loans will be assigned on a first come first serve basis and while funds last.
6. Funding determination: Once a funding determination has been made, the Applicant will be notified. If the
Applicant was selected for funding, the Applicant will receive an email notification with instructions to execute
a loan agreement to receive funding. If the Applicant was not selected for funding, the Applicant will receive an
email notifying them of the reason they were not selected.
7. Loan Agreement: A loan agreement is necessary to communicate expectations to the Applicant about use of
loan funds and reporting required. It is expected that the eligible use of loan funds will meet the FASTER
Program requirements established for forgiveness. Additionally, the Contractor in accordance with this program
will be expected to provide timely reports as provided in this Agreement. Responsibilities of the Applicant
include, but are not limited to: keeping accurate records of loan funds utilized, and reporting back to the
Contractor, as requested. The loan agreement will include the address where the Applicant will receive a check
or the bank account the Applicant would like to use for disbursement.
8. Disbursement: Once the loan agreement has been executed, the agreement and Applicant W9 shall be sent
to the PeopleFund funding department for disbursement. Specifically to the following contacts:
Bridget Uribe: [email protected]
Skandra Craniotis: [email protected]
Funds will be disbursed within 10 business days of receipt of disbursement notice.
9. Technical Assistance and Loan Forgiveness: PeopleFund will provide, Technical Assistance, free of charge
to participants in this program. This Technical Assistance will be prior and post funding, non-mandatory and on
demand based on participant’s needs. PeopleFund will guide the applicant through the process of using the funds
to ensure the loans are successfully forgiven. Forgiveness tracking begins at the beginning of the application
period. A customer will decide which options of the forgiveness programming elements they will apply to their
funding. The timeline for forgiveness will be coordinated between the County and PeopleFund to ensure the
business owner has enough time to meet the requirements. The forgiveness provisions will be included in the
loan agreement with the borrower. PeopleFund shall ensure all reporting is made in accordance to federal law.
If the requirements are met, PeopleFund will inform the participant and provide a final payoff of the loan.
PeopleFund will report the number of loans and dollars forgiven to the County in their final report.
10. Reporting: During the disbursement period People Fund will provide monthly reports to the County as
stated in the accompanying agreement. Further it will provide a final report with loans closed, dollars
disbursed, loans and dollars forgiven and other relevant information like jobs created/retained and socio
economic data of the participants.
Additional Program Components: Compliance and Record-Keeping: Application materials including all documents requested, the application
itself, the grant agreement, and funding determinations will be stored on the PeopleFund internal server in an
Applicant’s created folder for 5 years. The use of a CRM will be utilized for reporting purposes.
Marketing and Outreach: PeopleFund will ensure that appropriate marketing and outreach expectations are
achieved effectively marketing the program to all eligible Applicants. The marketing strategy includes:
· Hosting one or multiple informational webinars with the County of El Paso and resource partners
· Including mention and information about the program at any outreach events (virtual or in-person)
· Dedicating social media posts on each organization social channel including LinkedIn, Facebook,
Instagram, and Twitter
· Providing a marketing toolkit to all resource partners including language for email and social sharing
· Launching an email campaign to eligible business owners
· All materials in English and Spanish and with regard to technological challenges and individuals with
disabilities
EXHIBIT B
[Funding Reporting Form]
_________________________ believes that it has substantially met its obligations under the
Chapter 381 Agreement executed the day of , 2021 and
signed by of _____________. Pursuant to the Agreement, _____________
submits this Funding Reporting Form for the month of , 20 , in compliance with the
Agreement and in anticipation of receiving the payments referenced in the Agreement in
consideration for its obligations met therein.
As required by the Agreement, the following information is submitted.
1. Number of Borrowers served;
2. Location of all businesses served;
3. Status of all loans (i.e. open, closed, in default etc.)
4. ACH report of disbursements, including dates and copies of front and back of cleared checks
5. Any details regarding repayment of loans and any default of loans, and any collection efforts for
defaulted loans
6. Submission of any repayments received (if applicable)
7. Quarterly revolving loan fund/Dream Maker Fund report
8. Any details on compliance and forgiveness-criteria compliance
9. Number of marketing platforms and outreach
10. Any other reporting requirements as agreed upon between the County and the Contractor.
It is understood by Contractor that the County, has up to forty five (45) days to process this reporting
form. In the event of noncompliance of any of the terms identified within this Agreement, the County
shall provide the Contractor with an opportunity to remedy the noncompliance. Failure to come into
compliance, the County, by giving written notice to the contractor, may demand repayment of all
administrative fees.
________(CONTRACTOR)________
By:
Name:
Title:
EXHIBIT C
[Eligibility Criteria]
F A S T E R FINANCIAL ASSISTANCE FOR SAFETY, TECHNOLOGY & ECONOMIC RESILIENCE
Programs & Administrators
Large Loan Program Borderplex Community Capital (EP Community Foundation)
Zero Interest & Forgivable Loan Program Amounts: $35K to $125K
Program: $2M
Small Loan Program LiftFund & PeopleFund
Zero Interest & Forgivable Loan Program Amount: Up to $50K
Program: $3.5M
Build Safe Grant Program EP Chamber & EP Hispanic Chamber
Microgrants Supporting Operational Safety Improvements (PPE/Guards/Signage) Amount: Up to $10,000
Program: $1.5M
Commercial Assistance Grant Program EP Chamber & EP Hispanic Chamber
Microgrants for Commercial Mortgage/Rental & Utility Assistance Amount: Up to $10,000
Program: $1.5M
Technology Solutions Grant Program Workforce Solutions Borderplex
Technical & Equipment Acquisition Assistance Business Assisted Goal: Approximately 100
Program: $1M
Funding Tier Prioritization & Aspirational Goals
Tier I: Areas Outside City of El Paso (60 Percent of Funds-Available Starting January 4) Tier II: City of El Paso (40 Percent of Funds-Available Starting January 4)
Note: On March 5, any unspent Tier I funds shall be made available to both Tier I and Tier II applicants until funds have been expended.
FASTER Administrators shall strive to ensure 75 percent of businesses served are historically underutilized businesses (minority, woman or veteran-owned businesses) and may use this factor independently as disbursement criteria (may vary by program).
FASTER Administrators shall evaluate wages offered to employees by businesses to determine if 75 percent or more of employees are paid a living wage of $12.50 or more. Administrators shall use this factor independently as disbursement criteria (may vary by program).
County staff shall work with program administrators to achieve the objectives set forth by the Commissioners Court of promoting public health and economic resiliency by making necessary adjustments to various rules, processes, criteria or guidelines as needed.
Eligible Businesses
Located in El Paso County
Sole proprietorship, partnerships, corporations or any other legal form
Have an Employer Identification Number (EIN) In existence on/before January 1, 2020
Demonstrate negative impact due to COVID (reduced revenue/increased costs) Have less than 50 employees
Not currently in bankruptcy Non-profit organizations Have developed and implemented Health & Safety Policy pursuant to County Judge’s Orders
Franchises (Locally Owned & Independently Operated, Only One Storefront per Franchisee)
Excluded Businesses
Age-restricted businesses
Bank, savings and loan or credit union E-commerce only company
Political or lobbying organizations
Real estate investment trusts (primary income from rental/income producing properties) Businesses who have received more than $50,000 of Paycheck Protection Program (PPP)
assistance shall only receive funding for any unmet need in excess of their PPP allotment. In accordance with Texas Local Government Code Section 154.045, business with outstanding debt to the County,
including delinquent taxes, fines, fees, and indebtedness arising from written agreements with the county shall not be eligible for FASTER grants or loans. The term includes delinquent property taxes whether reduced to judgment or not.
Other Exclusions
Employees of El Paso County and spouses of employees of El Paso County
Persons/entities who are a party to a lawsuit against the County within the past 24 months
Persons/entities who have been a party to a contract with El Paso County that has been terminated in the past 24 months because of insufficient performance.
Persons/entities that have received a citation for failure to comply with health directives or orders issued by the El Paso County Judge, City of El Paso Mayor or Texas Governor.
Combining Grant & Loan Program
An individual/entity may qualify for a grant and loan, however, the grant amount awarded shall be deducted from the maximum loan amount for the specific program. This only applies to the Build Safe and Commercial General Assistance Programs to be administered by the El Paso Chamber and El Paso Hispanic Chamber and do not apply to the Technical Assistance Program proposed to be administered by Workforce Solutions Borderplex.
Loans may not be combined (individuals or entities may only apply and receive funding from one of the three identified loan administrators).
Grants may not be combined with other grants (an individual or entity may not apply and receive funding from both the El Paso Chamber and the El Paso Hispanic Chamber).
Qualifying Criteria for Loan Forgiveness
Criteria Met/Percent of Loan Forgiven: 2/25 Percent; 3/50 Percent; 4+/100 Percent Historically underutilized businesses (minority/women/veteran owned businesses)
Non-essential business voluntarily reduced capacity below guidelines and directives issued by health authority, Texas Governor or County Judge by 25 percent
Businesses who provide employees with a living wage of $12/hour
Businesses seeking to install new equipment that promotes public health and safety for employees and patrons, including:
o Drive Thru/Walkup Service Window
o Plexiglass or other clear shields at strategic locations o HELP Air Filtration, Bi-Polar Ionization, UV Light Purification
o Other specialized equipment that limits the spread of contagion via anti-microbial or anti-septic technology/design (e.g. antimicrobial mats, touchless door entry, automatic flush toilets, motion sensor faucets, motion sensor light fixtures )
Business utilizes delivery, curbside-service, al fresco dining or other services that allow business to have zero interaction with customers in doors for period of 90 days
Business constructs open or semi-open facilities to move operations involving interaction with customers away from indoor facilities
Business invests in technological solutions that: o Allows of employees to work from home for 120 days
o Increases digital sales Businesses replace current POS system with one that allows for touchless payments
Participate in business coaching program/curriculum Other proposals shall be considered and approved by administering agency and County staff if they
promote public health and safety (for employees and/or consumers) or promote business sustainability and resiliency.