HomeMy WebLinkAboutC2009-175 - 5/12/2009 - ApprovedSMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS, INC.
FOR AN INTEREST BUY-DOWN PROGRAM FOR SMALL BUSINESSES
This Small Businesses Incentive Agreement for an Interest Buy-Down Program for
Small Businesses ("Agreement") is entered into between the Corpus Christi Business
and Job Development Corporation ("Corporation") and ACCIbN Texas, Inc., a Texas
nonprofit corporation ("ACC16N Texas").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate ofone-eighth of one percent to be imposed
for 15 years;
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corpus Christi Business and Job
Development Corporation Board;
WHEREAS, the Corpus Christi Business and Job Development Corporation exists for
the purposes of encouraging and assisting entities in the creation of jobs for the citizens
of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 2007;
WHEREAS, ACCION Texas is a Texas nonprofit corporation whose principal mission is
to provide loans to small business owners lacking access to commercial credit;
WHEREAS, ACCIUN Texas anticipates, over the next twelve months, providing interest
buy-down to 5.5% for approximately 69 loans with an average value of $25,000 to low
and moderate income micro and small business owners in Corpus Christi to generate
110 new permanent full-time jobs;
2009-175 Page 1 of 12
Res. 028158 3
05/12/09
ACCION Texas
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business development funds be provided to ACCION Texas,
through this contract with ACCIbN Texas, to be used by ACCIbN Texas to buy-down
the interest on commercial loans to 5.5% interest for small businesses and which will
result in creation of new full-time permanent jobs in the city of Corpus Christi.
In consideration of the covenants, promises, and conditions stated in this Agreement,
Corporation and ACCIbN Texas agree as follows:
1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
2. Term. The term of this Agreement is for one year from August 1, 2009, through July
31, 2010. This agreement may be extended at the option of the Corporation for up to
two additional one year terms, contingent upon annual appropriation of funds and
approval of the City Council.
3. Loan Loss Reserve Program.
a. The Corporation has previously provided $75,000 for the Loan Loss Reserve
Program.
b. The Loan Loss Reserve Program funds will be used to allow ACCIbN Texas
to leverage additional capital for small business loans.
c. "Small business" is defined in the Corpus Christi Business & Job Development
Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation
Guidelines), adopted on May 5, 2003, and amended on July 24, 2004, April 25,
2006, and April 10, 2007.
d. ACCION Texas anticipates that it will have one million dollars available on an
annual basis to be lent to qualifying small businesses in Corpus Christi.
e. For every $50,000 in loans that ACC16N Texas provides to a small business
in Corpus Christi, ACCItSN Texas shall ensure that the loan will result in the
creation of one new full-time permanent job in the city of Corpus Christi.
f. Businesses assisted must be located in or locating within the city limits of
Corpus Christi, Texas.
g. Businesses assisted must be unable to obtain a loan form traditional lending
institutions.
h. Loan amounts shall be within the range of $5,000 to $50,000.
i. ACC16N Texas shall provide the Corporation with quarterly reports to identify
the loans made, name and address of business receiving loan, jobs created, and
other reports as requested by the Corporation.
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ACCION Texas Agreement 04302009
j. ACCIbN Texas shall provide the corporation with quarterly reports of capital
available for loans to qualified Corpus Christi small businesses or qualified small
businesses locating to Corpus Christi.
k. ACC16N Texas will provide funds for operations and loan capital to implement
and sustain the program.
4. Interest Buy Down Program.
a. In consideration for creation and maintenance of new jobs as provided in this
Agreement, the Corporation agrees to pay ACC16N Texas up to $350,000 for the
Interest Buy-Down Program as follows:
i. ACC16N Texas must first receive a request for a loan from a small
business that has been in existence for not more than five (5) years
located in Corpus Christi, or a business locating in Corpus Christi
("Business").
ii. ACC16N Texas shall review the request for a loan from the Business.
iii. Upon ACCION Texas approval of a loan, and prior to the closing of the
loan, ACC16N Texas shall submit Attachment "A" to the Corporation
requesting funds to buy down the interest rate from the interest rate
allowable per the underwriting criteria to 5.5%. The Corporation
authorizes an interest buy-down up to 7% of the interest rate to finance
the loan. Payment by Corporation shall not exceed $17,500 per loan and
shall be calculated using the following formula:
(Loan amount x interest rate to buy down to 5.5%) / 12 = N
N x number of payments=interest buy down reimbursement to
ACCIUN Texas for business loan. (The number of monthly
payments shall not exceed sixty (60).)
Example: ($10,000 x 7%) / 12 = 58.33
58.33 x 36 = $2,100 = amount to be reimbursed to ACC16N Texas
for business loan.
iv. The Corporation shall provide a response to approve or deny the
reimbursement for the Interest Buy Down Program funds to ACC16N
Texas within 2 business days of receipt of Attachment "A." The
Corporation shall reimburse funds within 30 days after evidence of closing
the loan is submitted.
v. The total funds available on an annual basis under the Interest Buy-
Down Program under this agreement is $350,000.
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ACCION Texas Agreement 04302009
b. The loans assisted with the program must be within the range of $5,000 to
$50,000.
c. This program must result in the creation of one permanent full-time job per
every loan of at least $50,000 assisted with the Interest Buy Down Program.
ACC16N Texas shall ensure that the loan will result in the creation of one new
full-time permanent job in the city of Corpus Christi.
d. Businesses assisted through this program must be:
i. A start-up or existing small business that is unable to obtain a loan from
a traditional financial institution or unable to qualify for the total needed for
a business loan through a bank or credit union, in which case ACC16N
Texas can loan the remaining amount with the buy-down interest rate
program in conjunction with the bank\credit union.
ii. An existing small business that needs assistance to expand.
iii. Any business assisted under the provisions of paragraphs i or ii of this
subsection, must be:
A. Located in or locating in Corpus Christi city limits.
B. A business or home-based business in existence for not more
than five (5) years located in the Corpus Christi city limits.
C. Current on payment of all sales taxes.
D. Current on payment of all ad valorem taxes in the City of
Corpus Christi.
e. The following projects are ineligible for this program:
i. Refinancing of existing loans or debt
ii. Businesses located outside the Corpus Christi city limits
iii. Home-based businesses located outside the Corpus Christi city limits
iv. Loans to existing businesses which are not planning on expanding
v. Business retention.
f. ACCIbN Texas may use up to $200,000 to assist start-up and existing small
businesses that have little or no access to traditional credit, and up to $150,000
to existing small businesses that wish to expand.
g. ACCION Texas shall provide the Corporation with quarterly reports as
provided in Attachment "B" to identify the loans made, name and address of the
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ACCION Texas Agreement 04302009
business receiving the loan, jobs created under the Interest Buy-Down Program,
and other reports as requested by the Corporation.
h. ACCIUN Texas shall provide funds for operations and loan capital to
implement and sustain the program.
i. ACC16N Texas shall develop loan underwriting criteria and payment terms
and conditions for its loan program and provide to the Corporation.
j. At the termination of this agreement and after repayment or other conclusion of
all loans assisted by Interest Buy Down Program, ACCION Texas will return to
the Corporation any unexpended funds remaining from the Loan Loss Reserve
Program.
5. Job Creation Qualification.
a. In order to count as a created job under this Agreement, the job must pay
wages as required by Section 38(b) of the Development Corporation Act of 1979,
as amended, which is the median wage of the occupation in the Corpus Christi
MSA as determined by Texas Workforce Commission's Texas Industry Profiles
report.
b. A full-time permanent job is one that provides at least 2,080 hours annually.
c. ACCION Texas agrees to confirm and document to the Corporation that each
job created as a result of funding provided by this Agreement is maintained
throughout the term of the loan to the Business.
d. ACCION Texas agrees to provide Corporation with a sworn certificate by
authorized representative of each shall business assisted under this Agreement
certifying the number of full-time permanent employees employed by the small
business.
e. ACCION Texas shall ensure that the Corporation is allowed reasonable
access to personnel records of the small businesses assisted under this
Agreement.
6. Buy Local Provision
a. ACCION Texas agrees to use its best efforts to give preference and priority to
local manufacturers, suppliers, contractors, and labor, except where not
reasonably possible to do so without added expense, substantial inconvenience,
or sacrifice in operating efficiency.
b. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and
persons who reside in or maintain an office within a 50-mile radius of Nueces
County.
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ACCION Texas Agreement 04302009
7. Local Offices. Two staff persons of ACCION Texas offices shall be located in
Corporation designated offices or a mutually agreeable location.
8. Representation on ACCIbN Texas governing board. ACCIbN Texas agrees to
appoint a person designated by the Corporation as a member of ACCIbN Texas
governing board.
9. Warranties. ACC16N Texas warrants and represents to Corporation the following:
a. ACCIbN Texas is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas, has all corporate power and
authority to carryon its business as presently conducted in Corpus Christi,
Texas.
b. ACCION Texas has the authority to enter into and perform, and will perform,
the terms of this Agreement.
c. ACC16N Texas has timely filed and will timely file all local, State, and Federal
tax reports and returns required by laws to be filed and all Texas, assessments,
fees, and other governmental charges, including applicable ad valorem taxes,
have been timely paid, and will be timely paid ,during the term of this
Agreement.
d. ACCION Texas has received a copy of the Texas Development Corporation
Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and
acknowledges that the funds granted in this Agreement must be utilized solely for
purposes authorized under State law and by the terms of this Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
ACCIbN Texas agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Agreement on behalf of ACC16N Texas are duly
authorized to execute this Agreement on behalf of ACC16N Texas.
10. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, county, and city governments.
11. Non-Discrimination. ACCION Texas covenants and agrees that ACC16N Texas
will not discriminate nor permit discrimination against any person or group of persons,
with regard to employment and the provision of services at, on, or in the Facility, on the
grounds of race, religion, national origin, marital status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas.
12. Force Majeure. If the Corporation or ACCIbN Texas are prevented, wholly or in
part, from fulfilling its obligations under this Agreement by reason of any act of God,
unavoidable accident, acts of enemies, fires, floods, governmental restraint or
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ACCION Texas Agreement 04302009
regulation, other causes of force majeure, or by reason of circumstances beyond its
control, then the obligations of the Corporation or ACCIbN Texas are temporarily
suspended during continuation of the force majeure. If either party's obligation is
affected by any of the causes of force majeure, the party affected shall promptly notify
the other party in writing, giving full particulars of the force majeure as soon as possible
after the occurrence of the cause or causes relied upon.
13. Assignment. ACCIbN Texas may not assign all or any part of its rights, privileges,
or duties under this Agreement without the prior written approval of the Corporation and
City. Any attempted assignment without approval is void, and constitutes a breach of
this Agreement.
14. Indemnity. ACCION Texas covenants to fully indemnify, save,
and hold harmless the Corporation, the City, their respective officers,
employees, and agents ("Indemnifees") against all liability, damage,
loss, claims demands, and actions of any kind on account of personal
injuries (including, without limiting the foregoing, workers'
compensation and death claims), or property loss or damage of any
kind, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with ACCION
Texas activities conducted under or incidental to this Agreement,
including any injury, loss or damage caused by the sole or
contributory negligence of any or all of the Indemnifees. ACCION
Texas must, at its own expense, investigate all those claims and
demands, attend fo their settlement or other disposition, defend all
actions based on those claims and demands with counsel
satisfactory fo Indemnitees, and pay all charges of attorneys and all
other cost and expenses of any kind arising from the liability,
damage, loss, claims, demands, or actions.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of ACCIbN Texas to timely, fully, and completely comply with any one
or more of the requirements, obligations, duties, terms, conditions, or warranties
of this Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of ACCIbN Texas contained in this Agreement or in any financial
statement, certificate, report, or opinion submitted to the Corporation in
connection with this Agreement was incorrect or misleading in any material
respect when made;
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ACCION Texas Agreement 04302009
Y ~
other occasion of the covenant or condition or any other covenant or condition of
this Agreement.
c. Any waiver or indulgence of ACC16N Texas' default may not be considered
an estoppel against the Corporation.
d. It is expressly understood that if at any time ACCIbN Texas is in default in
any of its conditions or covenants of this Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Agreement on account of the default.
19. ACCION Texas specifically agrees that Corporation shall only be liable to ACCION
Texas for the actual amount of the money grants to be conveyed to ACC16N Texas ,
and shall not be liable to ACCIbN Texas for any actual or consequential damages,
direct or indirect, interest, attorney fees, or cost of court for any act of default by
Corporation under the terms of this agreement. Payment by Corporation is strictly
limited to those funds so allocated, budgeted, and collected solely during the grant term
of this agreement, being August 1, 2009, through July 31, 2010. Corporation shall use
its best efforts to anticipate economic conditions and to budget accordingly. However, it
is further understood and agreed that, should the actual total sales tax revenue
collected for any one year be less than the total amount of grants to be paid to all
contracting parties with Corporation for that year, then in that event, all contracting
parties shall receive only their pro rata share of the available sales tax revenue for that
year, less Corporation's customary and usual costs and expenses, as compared to each
contracting parties' grant amount for that year, and Corporation shall not be liable to for
any deficiency at that time or at any time in the future. In this event, Corporation will
provide all supporting documentation, as requested. Payments to be made shall also
require a written request from ACC16N Texas to be accompanied by all necessary
supporting documentation.
20. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage
prepaid, addressed as follows:
ACC16N Texas:
ACCIbN Texas
Attn.: Janie Barrera
2014 Hackberry
San Antonio, Texas 78210
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ACCION Texas Agreement 04302009
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn.: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent the City at the
following address:
City of Corpus Christi
Attn.:City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner
provided above.
21. Incorporation of other documents. The Corpus Christi Business and Job
Development Corporation Guidelines and Criteria for Granting Business Incentives
("Corporation Guidelines"), as amended, are incorporated into this Agreement.
22. Amendments or Modifications. No amendments or modifications to this Agreement
maybe made, nor any provision waived, unless in writing signed by a person duly
authorized to sign agreements on behalf of each party.
23. Relationship of Parties. In performing this Agreement, both the Corporation and
ACCIbN Texas will actin an individual capacity, and not as agents, representatives,
employees, employers, partners, joint-venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
24. Captions. The captions in this Agreement are for convenience only and are not a
part of this Agreement. The captions do not in any way limit or amplify the terms and
provisions of this Agreement.
25. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Agreement or the application of this Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable
under present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Agreement, or the application of the term
or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it
is the definite intent of the parties to this Agreement that every section,
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ACCION Texas Agreement 04302009
ACCION Texas, Inc.
By:
Ja Barrer
President and Chief Executive Officer
Date: ~ °7~C~
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me o ~ , 2009, by
Janie Barrera, President and Chief Executive Officer for CCIbN Texas, Inc., a Texas
non-profit corporation, on behalf of the corporation.
' ~ ~ Zll~I%Y 4
4c VIRGINIA M. TORRES
~~ - Notary Public, State of Texes
Notary ublic °~a
fa~fo'.,;? My Commission Expires
State of Texas July ol, 20l I
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ACCION Texas Agreement 04302009