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

EconomicDevelopment@epcounty.com

COUNTY: El Paso County Economic Development Director

El Paso County Courthouse

500 E. San Antonio, Ste. 312

El Paso, Texas 79901

EconomicDevelopment@EPCounty.com

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 (ksobel@peoplefund.org, 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: buribe@peoplefund.org

Skandra Craniotis: scraniotis@peoplefund.org

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.