(a) is authorized to do business in the State of Texas;
(b) is current and in good standing on all state, local and federal taxes, assessments and/or fees;
(c) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder);
(d) agrees by written contract to meet performance criteria established by the WMCEDC in accordance with these Program Standards (hereinafter "Project Performance Standards") as to the establishment, expansion, or improvement of business operations in McLennan County, Texas and/or the employment of residents of the City and/or County;
(e) for any expenditure by the WMCEDC for a Program Project, the Business/Employer must create and/or retain, in McLennan County, Texas, full-time jobs, in a number determined sufficient by the WMCEDC Board of Directors, the City and the County in consideration of the value of the incentives to be provided, paying the equivalent of at least $12.00 per hour, with allowed variance for entry level positions as long as the average wage for all jobs created, excluding management and supervisory positions, is at least $12.00 per hour, and providing health insurance and benefits comparable to those provided by the City or County to their own employees, with at least 80% of the total of such jobs created or retained being filled by residents of McLennan County with at least one half of those jobs being filled by County residents being residents of the City of Waco. The jobs created or retained must be maintained and remain filled (subject to temporary vacancy caused by employment action by the employer or employee) for a period of at least 3 years;

Notwithstanding anything contained herein to the contrary, where the benefit to be provided by the business in capital improvements and job creation, and the quality of the positions created and/or the possibility of future expansion are such that the standards applicable to that program project should be tailored specifically to accommodate that development, WMCEDC, with approval of the City and the County, may negotiate standards that vary from those set forth above, but only to the extent that such variance is authorized and approved by the City and the County. Any standards arrived at for a project must assure that the public purpose of economic development and diversification, job creation and/or job retention are met and assure that the public entities providing the funding and the public receive adequate consideration in the form of such community benefits.

(f) In addition to the factors set forth in (e) above, other positive effects on the local economy of the proposed Program Project may be taken into consideration by the WMCEDC in determining whether to pursue funding of a Program Project. These include:

(i) the impact of the Program Project on economically disadvantaged individuals. An Economically Disadvantaged Individual is an individual who:

(1) was unemployed for at least three months before obtaining employment with the qualified business;

(2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty;

(3) is an Economically Disadvantaged Individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8));

(4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8);

(5) is an inmate, as defined by Section 498.001 of the Government Code;

(6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice;

(7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or

(8) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 14376, et seq.).

(ii) the need for the product/service provided by the Business/Employer in the local area;

(iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e. tourism, capital expenditures, purchasing of materials from local businesses, etc.); and

(iv) the creation of part-time positions, and/or

(v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefits:

1. increases in the local tax base;
2. creation of ancillary jobs and/or jobs for Economically Disadvantaged Individuals;
3. attraction of other businesses;
4. creation of new sales tax revenues;
5. commercial development of new and existing areas;
6. defining, enhancing and/or redefining job skill level of locally available work force

(vi) the quality of working conditions and benefits, and/or
(vii) the prospect of future expansion. Funding will only be provided for such projects where approved by the City and the County after review of the applicable information provided by WMCEDC to the City and the County.

(g) all contracts for Projects must be in a form approved by the City and the County prior to execution. The contract must include, but is not limited to, provisions:

(i) containing the Program Project Performance Standards applicable to the Business/Employer, and the Business/Employer's agreement to comply therewith within a set time-frame;

(ii) requiring periodic documentation of the Business/Employer's compliance with the Project Performance Standards, and providing the WMCEDC, the City, the County and/or the Foundation with the ability to confirm the Business/Employer's compliance with the Program Project Performance Standards through requesting additional information or otherwise;

(iii) providing remedies to WMCEDC and its funding entities in the event of the Business/Employer's failure to meet Project Performance Standards or where the Business/Employer is otherwise in breach of its contract with the WMCEDC. The remedies must include the right to recover funds and other incentives provided to the Business/Employer on a basis negotiated by WMCEDC and approved by the City and County. The provision should also provide the right to WMCEDC, and the City and/or County as its assignees, to recover reasonable and necessary attorney's fees and costs incurred in enforcing the contract.

(iv) requiring the Business/Employer to make draw requests for the funding from the WMCEDC, which requests must show in detail how the money and/or property will be applied/used, or for what the reimbursement is sought, and which contain such documentation as is required by the WMCEDC; and

(v) requiring compliance with all applicable laws.

City of Waco | PO Box 2570 | Waco, Texas 76702
Telephone: (254) 750-5640
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New Site Design June, 2004.
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