Loading...
HomeMy WebLinkAboutRES 20-040RESOLUTION NO. 20-040 WHEREAS, in 1987, the City of Beaumont received a $500,000.00 grant from the United States Economic Development Administration (EDA) to establish a Revolving Loan Fund (RLF) Program; and, WHEREAS, the EDA grant was matched with Community Development Block Grant (CDBG) funds initially in the amount of $250,000.00; and, WHEREAS, interest in the program has decreased and most applicants now seek loans through the Lamar Small Business Development Center (Lamar SBDC) and the Southeast Texas Economic Development Foundation (SETEDF); and, WHEREAS, due to the decrease in the number of applications and loans awarded through the RLF Program, EDA is seeking to recover these funds; and, WHEREAS, recent changes in rules controlling the CDBG portion of the program has resulted in the City being responsible for the repayment of underperforming loans, therefore, this portion of the program has been suspended; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to enter into an Agreement to Terminate Financial Assistance Award for Convenience to terminate a financial assistance award and remit the balance of $515,779.86 in EDA funds in the City's Small Business Revolving Loan Fund (RLF) Program to the United States Economic Development Administration (EDA) and to reallocate the CDBG portion to other activities in the City's CDBG to be approved by the City Council at a future date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an Agreement To Terminate Financial Assistance Award For Convenience to terminate 'a financial assistance award and remit the balance of the United States Economic Development Administration (EDA) funds in the amount of $515,779.86 in the City's Small Business Revolving Loan Fund (RLF) Program to the United States Economic Development Administration (EDA). The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2020. m PFA44i 144w�%t5*"7 Mayor Bec y Ames - * \\ UNITED STATES DEPARTMENT OF CONEMRCE Economic Development Administration f5;,� �! • Austin Regional Office 903 San Jacinto Blvd., Suite 206 __* Austin, TX 78701 AGREEMENT TO TERMINATE FINANCIAL ASSISTANCE AWARD FOR CONVENIENCE EDA Investment No.: 08-39-02536 WHEREAS, the United States of America, Department of Commerce, Economic Development Administration ("Government" or "EDA") pursuant to its authority under the Public Works and Economic Development Act of 1965 (P. L. 89-136), as amended, entered into a -Financial Assistance Award ("Award" ), with the City of Beaumont ("Recipient"); WHEREAS, the Award provided an amount not to exceed the lower of $500,000 or 66.67 percent of the total project cost of $750,000 to capitalize a revolving loan fund ("RLF"); and WHEREAS, the Government and Recipient (collectively the "Parties") have determined that it is not feasible or not desirable to continue the project and that an accounting should be made and the Award terminated for convenience of the Parties; and NOW, THEREFORE, for the mutual benefit and convenience of the Parties, the Government tenders this Agreement to Terminate Financial Assistance Award for Convenience ("Termination Agreement"), which will be effective upon the signature of the Parties: 1. The Parties agree that the value of the RLF's assets are $773,669.79. 2. The Parties agree that the amount to be recovered by the Government is equal to $515,779.86, which represents the Federal share of the RLF capital base ("Federal Share Due"). 3. The Federal Share Due shall be remitted, in full, within 30 calendar days of the effective date of this Termination Agreement to: Chief Counsel Office of the Chief Counsel Economic Development Administration U.S. Department of Commerce 1401 Constitution Avenue, NW/Mail Stop 72023 Washington, D.C. 20230 Checks must include the EDA grant number in the memo portion of the check and the "Payee" is the "U.S. Economic Development Administration." Page 1 of 3 EXHIBIT "A" 4. Pending final disposition of the RLF assets, this Termination Agreement does not relieve Recipient of the obligation to protect the Federal interest in the RLF assets. All Award terms and conditions remain in effect until the full Federal Share Due is deposited with the Government. S. Certain provisions of the Award terms and conditions are continuing obligations that extend beyond termination of the Award. These obligations include, but are not limited to, the following: a. Recipient must comply with Award closeout and post -closeout adjustments and continuing responsibilities, as set forth in 2 CFR §§ 200.343 and 200.344 (or the equivalent regulations in 15 CFR part 14 or 24, as applicable, for most awards made prior to December 26, 2014). Under these regulations, the Government may recover funds on the basis of a later audit and the Recipient must return any funds due as a result of a refund or correction. b. If applicable, Recipient may have audit requirements under 2 CFR part 200, subpart F. c. EDA may require Recipient to report on project performance beyond the project closeout date for Government Performance and Results Act ("GPRA") purposes. In no case shall Recipient be required to submit any report more than ten years after the project closeout date. d. All records in the possession of Recipient or its sub-awardees regarding the Award shall be retained for a period of three (3) years after the effective date of this Termination Agreement. All records shall be retained beyond the three (3) year period if audit findings have not been resolved within that period or if other disputes have not been resolved. These requirements are further detailed in 2 CFR § 200.333 (or the equivalent regulations in 15 CFR part 14 or 24, as applicable, for most awards made prior to December 26, 2014). e. The Recipient shall continue to provide the Government access to records regarding the Award as detailed in2. CFR § 200.336 (or the equivalent regulations in 15 CFR part 14 or 24, as applicable, for most awards made prior to December 26, 2014). 6. Acceptance of this Termination Agreement must be made by the Recipient, with an executed original returned to the Government, on or before 30 days from the date of the Regional Director's signature on this Termination Agreement. Failure to submit a timely executed Termination Agreement may result in the Government withdrawing this Termination Agreement and initiating a unilateral termination, if deemed appropriate by the Government. 7. Recipient represents and warrants that the execution, delivery, and performance of this Termination Agreement was duly authorized in accordance with Recipient's governance rules and that the Termination Agreement is signed by a person duly authorized to bind the Recipient, and that any and all required permissions from the governing body of the Recipient have been obtained. [remainder of page intentionally left blank] Page 2 of 3 AGREEMENT TO TERMINATE FINANCIAL ASSISTANCE AWARD FOR CONVENIENCE EDA Investment No.: 08-39-02536 DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION k1H February 5, 2020 Jorge D. Ayala, Regional Director Date Austin Regional Office CITY OF BEAUMONT The above Agreement to Terminate Financial Assistance Award for Convenience is hereby accepted by Recipient. Signature Title of Accepting Official Printed Name Date Page 3 of 3