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Item 14 - LATE

Travis County Commissioners Court


Voting Session Agenda Request

Meeting Date: September 8, 2020

Agenda Language:
Consider and take appropriate action on the following related to the Travis County Small
Business Grant program, funded by the Coronavirus Relief Fund through the CARES
Act:
A. Approval of initial list of 225 businesses, wait list #1 and wait list #2;
B. Approval of the form of the beneficiary contract; and
C. Delegation of Authority to the County Judge to execute the beneficiary contracts
as they are submitted.

Prepared By/Phone Number: Christy Moffett / 512.854.1161


Elected/Appointed Official or Department Head: Jessica Rio, County Executive
Commissioners Court Sponsor(s): Brigid Shea, Commissioner, Pct. 2 and Margaret
Gómez, Commissioner, Pct. 4
Press Inquiries: Hector Nieto, PIO@traviscountytx.gov or (512) 854-8740

Background/Summary of Request and Attachments:


On May 5, 2020, the Commissioners Court approved funding in the amount of
$10,000,000 from the Coronavirus Relief Fund (CRF) for the Economic Development and
Strategic Investments Office to implement a small business grant program.

On May 12, 2020, the Commissioners Court approved a contract with BCL of Texas to
administer the program, contingent upon finalizing negotiations on the contract pricing.

On May 28, 2020, a notice to proceed was issued and work began to ready the program
to accept applications on or about June 15, 2020. On June 1st, ESDI staff created the
program name TCTX Thrive: Thoughtful, Holistic, Responsible Investment & Vision for
our Economy.

On May 29, 2020, EDSI staff held a kick off meeting with BCL of Texas.

On June 9, 2020, the Commissioners Court approved the Program Guidelines and
delegated authority to the County Executive of PBO to make adjustments to the program
guidelines quickly and based upon data from BCL of Texas during the process.

On June 30, 2020, an email was sent notifying Commissioners Court members that
Jessica Rio, the County Executive of PBO, had approved an extension of the pre-
application period from July 3, 2020 to July 10, 2020. Further, she approved, under her
delegated authority, independently owned franchises as an eligible business, and the

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creation of a third priority tier for this business type. These changes were made based
on data EDSI staff had received from BCL of Texas during the pre-application phase.

On July 28, 2020, the Commissioners Court established a Review Committee, made up
of four Travis County employees, to evaluate BCL of Texas’ prioritized lists and make its
final recommendations for Commissioners Court consideration.

Upon completion of the application process, BCL of Texas reviewed and prioritized
successful applications based on the Commissioners Court priorities established in the
program guidelines, resulting in a list of recommended businesses to receive funding from
the TCTX Thrive program.

TCTX Thrive has $9,000,000 available to assist businesses. The maximum award is
$40,000 per business. Based on that calculation, the top scoring 225 businesses will
receive the initial opportunity to sign a beneficiary contract. As each of 225 businesses
moves through their business continuity plan, they will work with BCL of Texas to finalize
the budget necessary to implement their plan. Each business will have 30 days from
contract execution to finalize their budget. If businesses determine they do not need the
full $40,000, decide not to sign the beneficiary contract, or decide to get assistance from
a different small business program, there will be budget savings. Those budget savings
will be used to assist other businesses for a maximum total of 250 businesses; which is
the maximum capacity BCL of Texas has for business coaching and continuity planning.

To that end, BCL of Texas provided three different lists to the Review Committee,
established by the Commissioners Court in July 2020. The first list includes the top 225
businesses that will gain access to TCTX Thrive program. The second list, Wait List #1,
includes businesses 226-250. These businesses, in the order listed, will gain access to
any project savings realized. The third list, Wait List #2, includes businesses 251-335.
This list will be assisted, in the order listed, only after Wait List #1 has been exhausted,
and only if the program has not maxed out at 250 businesses.

The Review Committee evaluated BCL of Texas’ recommendations to affirm they were in
alignment with the Commissioners Court established priorities. The Review Committee
made one substantive change to BCL of Texas’ recommendations. Per the guidance
provided, all of the locally owned franchises were at the bottom of the list no matter their
application score. The lowest score in the top 225 was an 86. The Review Committee
had the franchises with a score of 86 or higher moved into the top 225. This change
allowed more Priority 1 businesses (See description of Priority 1 criteria below, under
“Issues and Opportunities”) to be in the top 225. BCL of Texas updated the lists and the
Review Committee approved the lists, as amended. Of note, the Review Committee
evaluated the lists without the benefit of seeing the name of the businesses so they could
have complete objectivity.

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Details about the top 225 businesses are as follows:

Precinct Top 225 Wait List 1: Wait List 2:


226-250 251-335
1 73 (33%) 6 10
2 39 (17%) 2 11
3 97 (43%) 17 64
4 16 ( 7%) 0 0

• 93% (210 out of 225) businesses are Priority 1 businesses. Priority 1 businesses are
described below, under “Issues and Opportunities.”
• Thirty-three unique zip codes, out of approximately 41 zip codes primarily outside the
City of Austin corporate limits, are represented in the top 225 businesses.
• No businesses had over $300,000 in net revenue with most earning less than
$150,000 net revenue; therefore, the net revenue categories outlined in Priority #2
were not needed. (See description of Priority 2 criteria below, under “Issues and
Opportunities”.)
• Business types within all three lists were diverse. This speaks to the effectiveness of
the outreach by BCL of Texas, its nonprofit partners and the Commissioners Court
member offices.

Staff Recommendations:

The Commissioners Court’s priority for these funds includes providing capital access to
minority and women owned businesses in underserved communities that may not have
sophisticated business practices. This priority is operationalized through the Court’s focus
on Priority #1 businesses.

The Commissioners Court also wanted business type diversity and geographic
distribution throughout the county.

A) Staff recommends the three lists as submitted by the Review Committee. The lists
meet the interests and goals set by the Commissioners Court for the program.

The form of the beneficiary contract to be executed between the County and each
business receiving funds will be sent out as additional back up after final County Attorney
review.

B) Staff request approval of the contract form so that contracts can be executed as
soon as possible.

C) Further, staff requests the Commissioners Court authorize the County Judge to
fully execute the beneficiary contracts, via DocuSign, so businesses can gain quick
access to invoice templates and begin business coaching.

Similar to the small cities program, the contract would come back to Commissioners Court
administratively so copies of the contracts can be filed with the County Clerk.

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Issues and Opportunities:
• 1,543 program inquiries were received from June 1, 2020 – July 10, 2020
• The pre-application period was extended from June 15, 2020 – July 10, 2020
• 520 individual businesses were determined eligible from their Pre‐Eligibility
Questionnaire
• 434 of the 520 eligible businesses submitted completed applications by July 31,
2020 deadline
• 335 of the 434 applicants were determined eligible

Ineligible applicants were provided with an opportunity to submit an appeal directly to


Travis County between August 7, 2020 through August 10, 2020. PBO and Auditor’s
Office staff reviewed and responded to over 60 appeals between August 11, 2020 through
August 26, 2020. Approximately thirty appeals were overturned. The approved appeals
have been included in the eligible applicant count.

A summary of the BCL of Texas review process is attached. Businesses will have five
days to execute the beneficiary contract before moving to the next business in line. BCL
will email and call the businesses to make sure these timelines are met.

The priorities for the TCTX Thrive program are as follows:

Priority 1:
• Minority owned business or Women owned business
• Section 3 Business concern
• Located in an opportunity zone or a CDBG low to moderate income census tract
• Did not use a contracted professional (other than a non-profit technical assistance
provider recognized by BCL of Texas) to assist in the submission of their application.

Priority 2:
• Geographic distribution
• Variety of business/industry types
• The County will group applicants by net revenue categories to allow a variety of
small business types to gain access to the program. Of the $9,000,000
available:
o $4,000,000 will be set aside for businesses with less than $150,000 in net
revenue
o $3,000,000 will be set aside for businesses with $150,000 - $299,999 in
net revenue
o $2,000,000 will be set aside for businesses with $300,000 - $500,000 in
net revenue

Priority 3:
• Independently owned franchises

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Required Authorizations:
Jessica Rio, County Executive, PBO
Diana Ramirez, Director, EDSI, PBO
Barbara Wilson, Assistant County Attorney, County Attorney Office

Copies:
DeDe Flanagan and James Matlock, County Auditor’s Office
Isabelle Lopez, TNR
Reagan Grimes, PBO
Sherri Fleming, Lawrence Lyman and Jane Prince Maclean, HHS
BCL of Texas
Julie Wheeler, IGR
Mayors of Cities receiving CRF funding allocation from Travis County

5
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Top 225 Applicant Scores

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry

Tec Copy and Print Shop / Tec Copy and Print Shop 100 0 100 80 180 78660 1 Child Day Care Services
ALL POINTS INSPECTIONS SERVICES, INC. / ALL
POINTS INSPECTIONS SERVICES, INC. 90 0 90 80 170 78660 1 Water and Sewer Line and Related Structures Construction
BabyJ'sCustomTees / BabyJ'sCustomTees 85 2 87 80 167 78738 1 Commercial Screen Printing
Promoters of Performing Arts & Similar Events with
Plaza R3 LLC / Plaza R3 LLC 100 2 102 60 162 78719 4 Facilities
CMS 2 Trucking, Inc / CMS 2 Trucking, Inc 100 0 100 60 160 78653 1 Freight trucking
Ponce Rebar llc / Ponce Rebar llc 75 2 77 80 157 78617 4 Fabricated Structural Metal Manufacturing
Rhema Salon and Spa / Rhema Salon and Spa (Hair
By Aisha) 90 4 94 60 154 78728 1 Beauty Salons
Child's Heritage / Child's Heritage 70 0 70 80 150 78738 4 Child Day Care Services

Tots 'N Tutors / Tots 'N Tutors 85 2 87 60 147 78732 1 Exam Preparation and Tutoring
Labralu, LLC / Elevate Event 85 0 85 60 145 78660 1 CoWorking/Event Space
CMP Partners / CMP Partners 100 0 100 40 140 78645 3 Professional Employer Organization
Eva Gutierrez / Bliss Catering 80 0 80 60 140 78653 1 Food - Catering
Lifestyle Grooming / Lifestyle Grooming 100 0 100 40 140 78728 2 Barber Shop
Janice Kim PLLC / K Family Dentistry 80 0 80 60 140 78660 2 Dentistry
The Salon Hyder And Hill / The Salon Hyder and
Hill 95 4 99 40 139 78746 1 Beauty Salons
NY T LE, LLC / NY T LE, LLC 95 0 95 40 135 78738 3 Nail Salon
Fancy Cut / Fancy Cut 75 0 75 60 135 78660 1 Beauty salon
Success Partner / Success Partner 95 0 95 40 135 78730 2 Translation and Interpretation Services

Taylormade Treats LLC / Taylormade Treats LLC 75 0 75 60 135 78738 1 Retail mobile food service
CRAZY FRUITS #3 LLC / CRAZY FRUITS #3 75 0 75 60 135 78615 4 Limited-Service Restaurants
LE NGUYEN SERIN LLC / Serin Day Spa & Nails 90 0 90 40 130 78738 3 Nails Salon

Eurovista Windows LLC / Eurovista Windows LLC 90 0 90 40 130 78728 2 Window and door manufacturing
B&J Associates LLC / B&J Associates LLC 90 0 90 40 130 78738 3 Furniture Stores
Hanovers 2.0 LLC / Hanovers 2.0 LLC 90 0 90 40 130 78728 2 Restaurant

Karen M Fry Enterprises Inc DBA Dream Bakery /


Karen M Fry Enterprises Inc DBA Dream Bakery 65 2 67 60 127 78728 2 Food Svc
Pflugerville Donuts / CHEAS HOLDING LLC 85 0 85 40 125 78660 1 Child Day Care Services
Zamzam & Issa PLLC / Zamzam & Issa PLLC 85 0 85 40 125 78660 2 Dentistry
Ding tea by CHH / Ding Tea 85 0 85 40 125 78660 1 Boba tea shop
Triaz Digital Printing, LLC. / Triaz Digital Printing,
LLC. 65 0 65 60 125 78728 2 Printing Services
Paredes Group LLC / Tamale Addiction 65 0 65 60 125 78660 1 Child Day Care Services
Focus Latino / Focus Latino 85 0 85 40 125 78746 3 market research
Agusvan LLC / Agusvan LLC 45 0 45 80 125 78664 1 Convenience Stores
KSDH, Inc. / BodyWise Gym 85 0 85 40 125 78734 3 Gymnasium
Q&T Holdings LLC dba PHO YES / Q&T Holdings,
LLC dba Pho Yes 85 0 85 40 125 78653 1 Full-Service Restaurants
Nova Plumbing LLC / Nova Plumbing LLC 65 0 65 60 125 78653 1 Plumbing (new and Remodel)

TEK RHINO LLC / TEK RHINO LLC 85 0 85 40 125 78728 2 Computer and Office Machine Repair and Maintenance
Island Chicken Ranch LLC / Island Chicken Ranch
LLC 85 0 85 40 125 78653 1 Agriculture

Page 1 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Top 225 Applicant Scores

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry
M&J Salons, Inc. / M&J Salons, Inc. 85 0 85 40 125 78664 Franchise 2 Beauty Salons
Afro Beauty & Braids LLC / Afro Beauty & Braids
LLC 85 0 85 40 125 78734 1 Hair salon
Great Minds Learning Community / Great Minds
Learning Community 85 0 85 40 125 78660 2 Education- Private Micro-school
EVANSK, INC. / EVANSK, INC. 85 0 85 40 125 78734 Franchise 3 Technology Products
The Dental House / The Dental House 85 0 85 40 125 78738 3 Offices of Dentists
Kusum hospitality LLC / Red Roof inn 65 0 65 60 125 78653 Franchise 1 Hotel and motel
Homer's Neighborhood Bar / Homer's
Neighborhood bar 80 4 84 40 124 78728 2 Local Karaoke Bar
SAILINGSTONE PRINT LLC / Minuteman Press
Pflugerville 60 2 62 60 122 78652 Franchise 1 Commercial Printing (except Screen and Books)
Libation Station, LLC / Libation Station 80 2 82 40 122 78653 1 Drinking Places
March Girls LLC / Tiny T Ranch 60 2 62 60 122 78617 4 Event Services
LYHUONG MUOR LLC / SMILING DONUTS 80 2 82 40 122 78660 2 Bakery ( Donuts Shop)
Ettaa Transportation LLC / Ettaa Transportation
LLC 80 0 80 40 120 78660 1 Non Emergency Medical Transportation

Austin Allure Nails LLC / Austin Allure Nails LLC 80 0 80 40 120 78746 3  Nail Salons
MARCIA ELLIOTT DBA CAPITAL TRANSPORT /
CAPITAL TRANSPORT 80 0 80 40 120 78660 1 Auto Tranportation
DV Lewis Enterprises LLC DBA: 360 HR Consultants
/ 360 HR Consultants 80 0 80 40 120 78613 3 Other Management Consulting Services

Cave Trucking, LLC / Cave Trucking, LLC 100 0 100 20 120 78660 1 Specialized Freight (except Used Goods) Trucking, Local

Juliet West Counseling / Juliet West Counseling 80 0 80 40 120 78738 3 Mental Health Practioner
Make It Seamless LLC / Make It Seamless LLC 100 0 100 20 120 78738 3 Hospitality Business Management Consulting
Wallace Hauling LLC. / Wallace Hauling LLC. 100 0 100 20 120 78732 1 Construction
PIERRE'S ASSOCIATES LOGISTICS / PIERRE'S
ASSOCIATES LOGISTICS 80 0 80 40 120 78744 1 Automotive Body, Paint, and Interior Repair & Maintenance
Zeteo Biomedical LLC / Zeteo Biomedical LLC 100 0 100 20 120 78660 3 Pharmaceutical Preparation Manufacturing
Robs Equipment and Tractor Repair / Robs
Equipment and Tractor Repair 80 0 80 40 120 78747 4 Agricultural Services
Social Tech, Inc. D/B/A SocialTech.ai / Social Tech,
Inc. 80 0 80 40 120 78734 3 Education & Technology
Bon Bons / Bon Bons 100 0 100 20 120 78660 1 Frozen Goods; Desert
C2 Concrete Inc. / C2 Concrete Inc. 80 0 80 40 120 78660 1 Concrete Construction
TES, Inc. / TES, Inc. 95 4 99 20 119 78725 3 Human Resources Consulting Services
Lucille's Catering LLC / Lucille's Catering, LLC 75 2 77 40 117 78660 1 Catering Services
Chaz & Liu LLC, Inc / Bahadis (DBA) 70 6 76 40 116 78734 1 Full-Service Restaurants
North Austin Hearing Center, PLLC / North Austin
Hearing Center, PLLC 75 0 75 40 115 78660 1 Audiology and Hearing Services
1625 CMCM LLC / 1625 CMCM LLC 55 0 55 60 115 78610 4 Convenience store
T Nails and Spa / T Nails and Spa 55 0 55 60 115 78728 2 Nail Salons
Fab Beauty Bar LLC / Fab Beauty Bar 75 0 75 40 115 78660 1 Salon industry
Best Friends Training, LLC / Best Friends Training,
LLC 95 0 95 20 115 78645 3 Animal Training
OCW, LLC / OCW, LLC 75 0 75 40 115 78610 4 Construc tion

Page 2 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Top 225 Applicant Scores

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry
Software Publishers, Data Processing, Hosting, & Related
SecureDAM LLC / SecureDAM llc 75 0 75 40 115 78738 3 Services
ALT management inc / shipley donuts 55 0 55 60 115 78734 Franchise 1 Commercial Bakeries

Government Interior Solutions, Inc. / PDN Group 95 0 95 20 115 78746 3 HVAC/Electrical/Plumbing Material Sales
Barton Wilder Custom Images, Inc. / Barton Wilder
Custom Images, Inc. 95 0 95 20 115 78746 3 Commercial Photography/Photography Studios

Govan Cotton Company dba Oasis Pizza and Cafe /


Govan Cotton Company dba Oasis Pizza and Cafe 75 0 75 40 115 78728 2 Restaurant
Martinez and sons lawn service / Martinez and
sons lawn service 95 0 95 20 115 78754 1 Service
Kinship Group LLC / Kinship Group LLC 90 4 94 20 114 78660 1 Computer Software Consulting
All Dolled Up ATX / All Dolled Up ATX 90 2 92 20 112 78734 2 Beauty Salons
Frog & The Bull LLC / Frog & The Bull LLC 70 2 72 40 112 78732 2 Hospitality - Restaurant
J&K Utility Services / J&K Utility Services 70 0 70 40 110 78610 4 Services
TUAN DIEP SALON LLC / La Bella Nails & Spa 90 0 90 20 110 78653 2 Nail Salons
Bombshell Beauty Company LLC / Bombshell
Beauty Company LLC 90 0 90 20 110 78734 3 Salon/Beauty Industry
Party Fascination / Party Fascination 70 0 70 40 110 78747 4 events
Creatrix Photography / Creatrix Photography 70 0 70 40 110 78746 1 Photography Studios, Portrait
Flipnastics LLC / Flipnastics 90 0 90 20 110 78734 3 Gymatstics/Youth Sports
Lago Cutz PLLC / Lago Cutz 90 0 90 20 110 78645 3 Barber and beauty salon
Carmen Crowley Fitness LLC / Carmen Crowley
Fitness 70 0 70 40 110 78617 1 All Other Personal Services
Mother and Daughter Hauling / Mother and
Daughter Hauling 70 0 70 40 110 78610 4 Site clean-up hauling
Green Ape LLC / Green Ape LLC 70 0 70 40 110 78645 3 Coffee Manufacturing
Promoters of Performing Arts & Similar Events without
AllSports Timing / AllSports Timing 90 0 90 20 110 78734 3 Facilities
KDC Life Events / KDC Life Events/dba Antebellum
Oaks Venue 70 0 70 40 110 78734 3 Event Facility

Taxman Tax Service LLC / Taxman Tax Service LLC 70 0 70 40 110 78653 1 Tax Svc
Larry's Amusement's / Larry's Amusement 90 0 90 20 110 78748 3 Amusement
Jody's Rental DBA Centex Rentals / Jody's Rental
DBA Centex Rentals 70 0 70 40 110 78660 1 retail

Wildwood Studios LLC / Wildwood Studios LLC 90 0 90 20 110 78574 3 Independent Artists, Writers, and Graphic Design Services
Katie’s Place / Katie’s Place 70 0 70 40 110 78728 2 Childcare

Green Railroad Services / Green Railroad Services 90 0 90 20 110 78653 1 Maintenance of the Way (MOW) for Railroad
Happy Camper Counseling, PLLC / Happy Camper
Counseling 90 0 90 20 110 78734 3 Offices of Mental Health Practitioners (except Physicians)
Bluebonnet A/C Services, Inc. / Bluebonnet A/C
Services, Inc. 70 0 70 40 110 78736 3 HVAC contractor
BK NAILS & SPA / BK NAILS & SPA 70 0 70 40 110 78738 3 Nail Salons
I DO NAILS, LLC / I DO NAILS, LLC 90 0 90 20 110 78734 3 Nail Salon
CM Carrier LLC / CM Carrier LLC 85 2 87 20 107 78660 1 Automotive Transportation

Page 3 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Top 225 Applicant Scores

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry
Adams Galleries of Austin, LLC / Adams Galleries of
Austin, LLC 85 2 87 20 107 78669 3 Wholesaler
North Shore Pest Control, LLC / North Shore Pest
Control 85 2 87 20 107 78641 3 Pest Control
Beauty Salon & Spa
Mariposa Day Spa, LLC / Spa at the Lake 65 2 67 40 107 78734 3
Los Pinos 2 LLC / Los Pinos Restaurant 85 0 85 20 105 78738 3 Full-Service Restaurants
DLB Enterprises, LLC / AUSTEX Wellness and
Medical Spa 85 0 85 20 105 78732 3 Other Personal Care Services
Mark Figueredo Lighting Studio / Mark Figueredo
Lighting Studio 65 0 65 40 105 78617 4 Lighting Manufacturing
Lakeway TaeKwonDo, LLC / Lakeway TaeKwonDo,
LLC 85 0 85 20 105 78738 3 Sports/Recreation
Alamo City Foods Inc / Muro's pizza 85 0 85 20 105 78641 2 Limited-Service Restaurants
ACLEAN LLC / ACLEAN LLC 85 0 85 20 105 78660 1 Janitorial
Daniel N Gonzalez DC PC / Daniel N Gonzalez DC
PC 85 0 85 20 105 78748 3 Offices of Chiropractors
Ashford Montessori / Ashford Montessori 65 0 65 40 105 78660 1 Child care services
Conscious Goods, LLC / Conscious Goods 85 0 85 20 105 78660 3 Drugs and Druggists' Sundries Merchant Wholesalers

Redbud Wellness, PLLC / Redbud Wellness, PLLC 85 0 85 20 105 78652 3 Offices of Mental Health Practitioners (except Physicians)
SafeGuard Aquatics, LLC / SafeGuard Aquatics 85 0 85 20 105 78746 2 All Other Miscellaneous Schools and Instruction
Lovele Day Agency LLC / Lovele Day Agency 85 0 85 20 105 78746 3 Consulting
APRENDA LLC / APRENDA LLC 85 0 85 20 105 78734 3 Professional and Management Development Training
Entreepreneur Enterprises LLC / Entreepreneur
Enterprises LLC 85 0 85 20 105 78660 1 Food Truck
Funk Insurance Group, LLC / Funk Insurance
Group, LLC 85 0 85 20 105 78738 3 Insurance
Alterra Properties LLC / Alterra Properties 65 0 65 40 105 78641 3  Offices of Real Estate Agents and Brokers
I Love Anger, LLC / I Love Anger, LLC 85 0 85 20 105 78653 1 Event Planning
Burton Educational Services LLC / Burton
Educational Services LLC 85 0 85 20 105 78732 2 Daycare; early childhood education
Platinum Gymnastics Academy / Platinum
Gymnastics Academy 65 0 65 40 105 78660 2 Sports and Recreation Instruction
Growing Places Therapy Services, PLLC / Growing Phy, occupational, & speech therapy for children w/ special
Places Therapy Services, PLLC 85 0 85 20 105 78732 2 needs
Mindy L Granberry PLLC / Kitestrings Pediatric
Therapy 85 0 85 20 105 78734 3 Healthcare
Tania's Tots Learning Center / Tania's Tots
Learning Center 85 0 85 20 105 78728 2 Childcare
Sewing and Craft related retail, workshops and camps for
Kimberly Place / Beehive Craft Studio 85 0 85 20 105 78746 3 kids. 
Pflugerville Montessori House of Children Inc. /
Pflugerville Montessori School 65 0 65 40 105 78737 1 Limited-Service Restaurants
Sno Mo / Sno Mo 85 0 85 20 105 78734 Franchise 3 Limited-Service Restaurants
ARTBARNATX / ArtBarnATX 85 0 85 20 105 78746 3 Art Camps & Art Parties
AR2C Enterprises Inc., LLC / Plato's Closet 65 0 65 40 105 78660 3 Used Merchandise Stores
Delysia LLC / Delysia LLC 60 4 64 40 104 78732 2 Food Manufacturing
Texas Traditional Bar-B-Q / Texas Traditional Bar-B-
Q 60 2 62 40 102 78728 1 Full-Service Restaurants

Page 4 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Top 225 Applicant Scores

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry
ATL AND BQP LLC / ATL AND BQP 80 2 82 20 102 78660 1  Convenience Stores

Austin Security and lnvestigation Solutions LLC /


Austin Security and lnvestigation Solutions 80 2 82 20 102 78660 1  Security Guards and Patrol Services
Dolce Austin Gelato, LLC / Bat City Gelato 80 2 82 20 102 78729 2 Frozen Desserts/Ice Cream retailer

ART PLUS ACADEMY LLC / ART PLUS ACADEMY LLC 80 0 80 20 100 78729 3  Fine Arts Schools
R Cube Creative Consulting Inc / R Cube Creative
Consulting Inc 80 0 80 20 100 78641 3 Custom Computer Programming Services
Steven Capron DVM PA / Animal Dental Clinic 60 0 60 40 100 78660 1 Veterinary Services
Whole Life Priorities, LLC / Whole Life Priorities,
LLC 80 0 80 20 100 78660 1 Counseling, Mental Health
Stacey Granger CPA / Stacey Granger CPA 60 0 60 40 100 78669 3 Offices of Certified Public Accountants

Austin Sterling Cores Inc / Austin Sterling Cores Inc 80 0 80 20 100 78645 3 Metal Recycling
Loco-Motion Inflatable Play 290 LLC / Loco-Motion
Amusement and Recreation
Inflatable Play 100 0 100 0 100 78736 3
Blush Beauty Bar, LLC / Blush Beauty Bar, LLC 80 0 80 20 100 78734 3 Salon/Beauty Industry
Dr. C Therapist PLLC / Dr. C Therapist PLLC 60 0 60 40 100 78733 3 Healthcare

Kathleen M Jackson Inc / Cen-Tex Medical Claims 80 0 80 20 100 78641 3 Medical


ARE Martial Arts, INC / Ernie Reyes World Martial
Arts, INC 60 0 60 40 100 78653 3 Martial Arts Instructions
SolPowerPeople, Inc. / SolPowerPeople, Inc. 60 0 60 40 100 78645 4 Solar Electric Power Generation

Aboudaoud LLC / Image Autobody 80 0 80 20 100 78653 1 Automotive Body, Paint, and Interior Repair & Maintenance
Kinderdance and Fitness Hill Country /
Kinderdance and Fitness Hill Country 80 0 80 20 100 78748 3 Sports/Recreation
Brooks Davis / Brooks Davis 80 0 80 20 100 78610 4 Repair and Maintenance
G & G Autobody inc / G & G Autobody inc 60 0 60 40 100 78660 2 Collision repair, service
Ants To Elephants L.L.C. / Ants To Elephants
Daycare 60 0 60 40 100 78660 2 Child Day Care Services
Bee Tree Farm L.L.C. / Bee Tree Farm and Dairy 80 0 80 20 100 78653 1 Farming

Gran Via Advisory, LLC / Gran Via Advisory, LLC 80 0 80 20 100 78733 3 Financial Advisory Services
Chakra Ascension LLC / Chakra Ascension LLC 80 0 80 20 100 78653 3 Other Direct Selling Establishments
Carolyn's Hair Design / Carolyn's Hair Design 60 0 60 40 100 78728 1 Beauty Salons

Longhorn Mac Repair / Longhorn Mac Repair 80 0 80 20 100 78660 1 Electronics Repairs and Sales
Austin Comfort Dental PC / Pflugerville Smiles
Dentistry 60 0 60 40 100 78660 1 Offices of Dentists
Gallery One Point, LLC / Gallery One Point, LLC 60 0 60 40 100 78660 1 Retail
Journey Bee LLC / Journey Bee LLC DBA Tutor
Doctor Lakeway 60 0 60 40 100 78738 Franchise 3 Education
Austin Helicopter Tours, LLC / Austin Helicopter
Tours, LLC 60 0 60 40 100 78724 1 Helicopter tours and charters

Austin Custom Winery / Austin Custom Winery 80 0 80 20 100 78745 3 Winery


RealPhoto Inc. / RealPhoto inc. 80 0 80 20 100 78660 1 Electronic Shopping and Mail-Order Houses
Urban CRE LLC / Great Haircuts 80 0 80 20 100 78641 3 Beauty Salons

Page 5 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Top 225 Applicant Scores

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry
Natasha Payment DBA Tri-City Towing / Tri-City
Towing 80 0 80 20 100 78660 1 Transportation
Malone Specialty Coffee, LLC / Malone Specialty
Coffee, LLC 75 2 77 20 97 78728 2 Coffee shop and Coffee Roasters
Three Lakes Physical Therapy, llc / Three Lakes
Physical Therapy 75 0 75 20 95 78732 3 Offices of Physical, Occupational & Speech Therapists

Lewis Clark Trucking LLC / Lewis Clark Trucking LLC 75 0 75 20 95 78664 2 Trucking Freight
GS Merritt LLC / GS Merritt LLC 75 0 75 20 95 78645 3 Tradeshow
Austin Family Counseling, PLLC / Austin Family
Counseling 75 0 75 20 95 78746 3 Offices of Mental Health Practitioners (except Physicians)
Stansberry Engineering Co., Inc. / Stansberry
Engineering Co., Inc. 75 0 75 20 95 78652 3 Engineering Services
Austin Auto Refurbishing, Inc / Austin Auto
Refurbishing, Inc 75 0 75 20 95 78744 4 Automotive Body, Paint, and Interior Repair & Maintenance
Plush Party Band, LLC / Plush Party Band 95 0 95 0 95 78613 3 Musical Groups and Artists
Cathryn Tremewan Daycare / Cathryn Tremewan
Daycare 75 0 75 20 95 78746 1 Child Day Care Services
forWord Connections, LLC / forWord Connections,
LLC 75 0 75 20 95 78660 1 Human Resources Consulting Services Dev. Training
Yollie's Spirit Filled Creations / Yollie's Spirit Filled
Creations 75 0 75 20 95 78660 1 All Other Personal Services
Sacred Vessel Leather / Sacred Vessel Leather 75 0 75 20 95 78660 3 Leather and Hide Tanning and Finishing
David Mills Studio / David Mills Studio 95 0 95 0 95 78732 2 Arts/Entertainment
Lolly Walter dba Awl Collaborative Press / Lolly
Walter dba Awl Collaborative Press 75 0 75 20 95 78691 1 Small Press Novelist
A101 Technology LLC / A101 Technology LLC 75 0 75 20 95 78734 3 All other Telecommunications

360 Travel Source, Inc / 360 Travel Source, Inc 75 0 75 20 95 78738 3 Travel agencies
Life Life Balance, LLC / Hoobird 75 0 75 20 95 78728 2 Home security
Lakeway Frozen Yogurt LLC / Lakeway Frozen
Yogurt LLC 95 0 95 0 95 78734 Franchise 3 Food and Bevarage
Bryce Samuel Industries, LLC / Bryce Samuel
Industries, LLC 75 0 75 20 95 78717 3 Amusement Arcade
Yoga With Marybeth, DBA Wild Heart Yoga / Wild
Heart Yoga 65 8 73 20 93 78746 3 All Other Miscellaneous Schools and Instruction
JIC Global Restaurants LLC / JIC Global Restaurants
LLC 70 2 72 20 92 78738 3 Service Industry

O'Hara Dance & Fitness (dba Body Lab) / Body Lab 70 2 72 20 92 78669 3 Service-Dance & Fitness Instruction
Solid Technology Solutions, Inc. / Solid Technology
Solutions, Inc. 90 2 92 0 92 78617 3 Other Electronic Parts & Equipment Merchant Wholesalers
Jim Strickland Co. / Jim Strickland Co. 90 0 90 0 90 78746 3 Marketing and Sales Promotion
10814 Manor LLC / GJ Transportation 70 0 70 20 90 78660 1 Special Needs Transportation 

Wilhelm & Wilhelm PLLC d/b/a Wilhelm Law Firm


/ Wilhelm & Wilhelm PLLC d/b/a Wilhelm Law Firm 90 0 90 0 90 78746 3 Offices of Lawyers
The Sound Lab, Inc. / The Sound Lab, Inc. 90 0 90 0 90 78738 3 Sound Recording Studios
Launch Commerce LLC / Launch Commerce LLC 90 0 90 0 90 78669 3 Digital Marketing/ECommerce

Page 6 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Top 225 Applicant Scores

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry

K. Johnson Jewelry LLC / K. Johnson Jewelry LLC 70 0 70 20 90 78660 1 Jewerly


Karate Instructors Association International, LLC /
Pflugerville Martial Arts Academy 70 0 70 20 90 78660 1 Child Day Care
Beltran Electric, LLC / Beltran Electric 70 0 70 20 90 78660 1 Electrical Contractor
KE Dunn LLC dba Maxine's Gumbo House / KE
Dunn LLC dba Maxine's Gumbo House 50 0 50 40 90 78653 3 Restaurant
Outright Fitness LLC / Outright Fitness 65 4 69 20 89 78660 1 Fitness and Recreational Sports Centers
Good Luck Grill / Good Luck Grill 65 4 69 20 89 78653 1 Restaurant
Serasana Bee Cave / G2 Wellness Inc., dba
Serasana Bee Cave 65 4 69 20 89 78738 Franchise 3 Health and Wellness--Massage, Acupuncture, Yoga

Westlake Eyecare PLLC / Westlake Eyecare PLLC 65 2 67 20 87 78746 3 Offices of Optometrists


Capital Eye Group, PLLC / Capital Eye 85 2 87 0 87 78734 3 Offices of Optometrists
Foster Baseball Inc. dba D-BAT Austin / D-BAT
Austin 65 2 67 20 87 78660 Franchise 2 Baseball/softball academy
Aviles & Gabes Wrecker Service, Inc. / Aviles &
Gabes Wrecker Service, Inc. 65 2 67 20 87 78728 1 Motor Vehicle Towing
Sought + Found, LLC / Sought + Found, LLC 85 2 87 0 87 78728 2 Interior Design Services
Digital Technology Professionals / Digital
Technology Professionals 65 2 67 20 87 78748 3 Printing Services
Engineered Vision / Engineered Vision 65 2 67 20 87 78726 3 Engineering Firm
The Busy Bee Preschool LLC / The Busy Bee
Preschool 65 2 67 20 87 78746 1 Child Day Care Services
Eco Estate Jewelry / Eco Estate Jewelry 85 2 87 0 87 78734 3 Retail
Pacific Custom Paint & Body / Pacific Custom Paint
& Body 65 2 67 20 87 78653 4 Frozen Specialty Food Manufacturing
The Abney Group, Inc. / The Abney Group, Inc. dba
Hightech Signs 65 2 67 20 87 78653 2 Other Misc. Durable Goods Merchant Wholesalers
620 Dance Centre, Inc / 620 Dance Centre, Inc 65 2 67 20 87 78734 3 Fine arts school
Giraffe Inc / From the Heart Therapy Services 65 2 67 20 87 78746 3 Pediatric Therapy Clinic
Prestige Barre Worldwide LLC / Pure Barre
Lakeway 65 2 67 20 87 78734 3 Fitness and Recreational Sports Centers
KRAG, LLC / Menchies Frozen Yogurt: Quinlan
Crossing 85 2 87 0 87 78732 Franchise 2 Frozen Yogurt
Prout Equity Investments, LLC. DBA Austin Kids
Retreat / Prout Equity Investments, LLC. DBA
Austin Kids Retreat 85 2 87 0 87 78732 2 Child Day Care Services
Neatworks LLC / Prep U Products 65 2 67 20 87 78732 2 Consumer Packaged Goods
Client First Services, LLC / Client First Services 65 0 65 20 1 86 78732 3 Marketing Consulting Services

Westlake Eye Associates, PPLC / Southwest Vision 65 0 65 20 1 86 78746 3 Offices of Optometrists

US Energy Services Inc / US Energy Services Inc 65 0 65 20 1 86 78746 3 Snack and Nonalcoholic Beverage Bars

VAN DER GEEST ENTERPISES, INC. / VDGE, Inc. 85 0 85 0 1 86 78734 3 All Other Professional, Scientific, & Technical Services
Magpie Blossom Boutique, LLC / Magpie Blossom
Boutique 65 0 65 20 1 86 78738 3 Retail

These applicants serve as the top 225 recommended to receive the grant award. Recommendation to approve grant awards in the order presented.

Page 7 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Scores 226 thru 250

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry
Scruggs Family Holdings, Inc. / FirstLight
Home Care of Austin 65 0 65 20 1 86 78734 3 Home Health Care Services
Quick Dry Carpet Cleaning LLC / Quick Dry
Carpet Cleaning LLC 85 0 85 0 1 86 78746 3 Carpet and Upholstery Cleaning Services
Master Screen Graphics, Inc. / Master Screen
Graphics, Inc. 85 0 85 0 1 86 78641 3 Textile screen printing, embroidery, signs and banners
Ali Bennatt Physical Therapy, PC / Ali Bennatt
Physical Therapy, PC 65 0 65 20 1 86 78745 3 Offices of Physical, Occupational & Speech Therapists
Sonja Palmer / Sonja Palmer Business 65 0 65 20 1 86 78733 3 Diet and Weight Reducing Centers
Simon Lee Bakery / Simon Lee Bakery 65 0 65 20 1 86 78654 1 Retail Bakeries
Stephen J Bonner / The Bonner Group 85 0 85 0 1 86 78738 3 Tax Preparation Services
Robert J Brooks DBA Mindset / Mindset 85 0 85 0 1 86 78732 2 Marketing Consulting Services
Shawn Brady DBA Port Wahakaa / Port
Wahakaa 85 0 85 0 1 86 78738 3 Electronic Shopping and Mail-Order Houses
Dr.Vesga/Advanced Prosthodontics /
Dr.Vesga/Advanced Prosthodontics 65 0 65 20 1 86 78746 3 Healthcare
Nikolas Alan inc / Nikolas Alan inc 85 0 85 0 1 86 78738 3 Jewerly Service

Oddinary Objects Inc. / Oddinary Objects Inc. 85 0 85 0 85 78645 3 Art Dealers


Julie Smith Design and Retail LLC DBA: Jules
Design Bar / Julie Smith Design and Retail LLC
DBA: Jules Design Bar 65 0 65 20 85 78738 3 Retail, food, mixed use beverage & design services.
Hard Target Systems, Inc. / Hard Target
Systems, Inc. 65 0 65 20 85 78652 3 Electronic Security
Mario L. Carlin management LLC / Mario L.
Carlin management LLC 65 0 65 20 85 78683 1 Construction
Lakeway Sports Physical Therapy / Lakeway
Sports Physical Therapy 80 2 82 0 82 78738 3 Medical. Outpatient orthopedic physical therapy

PicoTera Systems LLC / PicoTera Systems LLC 80 2 82 0 82 78653 3 General Freight Trucking, Local
Broth & Basil LLC / Broth & Basil LLC 60 2 62 20 82 78660 1 Food Svc
Matthew Lorand LLC / Matthew Lorand
Roofing 80 2 82 0 82 78732 2 roofing and restoration
Thomas Law Firm / Thomas Law Firm 80 2 82 0 82 78746 3 Offices of Lawyers

Parfaire LLC dba Abacus Children's Academy /


Parfaire LLC dba Abacus Children's Academy 60 2 62 20 82 78660 1 Snack and Nonalcoholic Beverage Bars
Texas Academy of Ballet / Texas Academy of
Ballet 60 2 62 20 82 78733 1 Education-Ballet studio
Double E's Entertainment, LLC / Double E's
Entertainment, LLC 80 0 80 0 80 78738 3 Entertainment
Eugene & Associates, PC / Eugene &
Associates, PC 60 0 60 20 80 78738  3 Lawyer
Voelker Welding & Construction Inc. / Voelker
Welding & Construction Inc. 80 0 80 0 80 78653 1 Construction

An additional 25 applicants are recommended for Final Approval. These applicants would serve to replace any initial grantees within the top 225
who are unable to execute their grant agreements within the 5 day grant execution period; who are unable to meet their grant performance
requirements; who do not use the full amount of the grant funds allocated.

If additional funds were to become available, recommendation would be to use this initial waitlist in the order presented.

Page 8 of 11
Copy of Final Score Recommendations TCTX Thrive_Court Version.xlsx
Recommended Final Scores 251 thru 335

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry 
CLARK AUTO CARE  / CLARK AUTO CARE 60 0 60 20 80 78728 2 TOWING

Austin Holistic Health LLC  / Austin Holistic Health 80 0 80 0 80 78746 3 Holistic Health and Wellness


Germaine Swenson  / Munkebo farm 60 0 60 20 80 78653 1 Farming
JME Group, LLC  / JME Group, LLC 60 0 60 20 80 78734 3 Advancement Strategy Support
Suite Spot Texas Holdings LLC  / The Salons @ 
Stone Hill Town Center 80 0 80 0 80 78660 1 Beauty Salons
Suelware Inc.  / Suelware Inc. 80 0 80 0 80 78734 3 Custom Computer Programming Services
Manor Vision PLLC  / Manor Vision Source 60 0 60 20 80 78653 1 Healthcare

WEB Media Group LLC  / WEB Media Group LLC 80 0 80 0 80 78734 2 Periodical Publishers


Laundris Corporation  / Laundris Corporation 60 0 60 20 80 78653 1 Industrial Launderers
UDE INC  / Unique Design and Events 55 2 57 20 77 78660 1 Event Industry
Collectic Home, LLC  / Collectic Home 75 2 77 0 77 78746 3 Furniture Store

360 Energy Savers, LLC.  / 360 Energy Savers, LLC. 55 0 55 20 75 78734 3 Energy Efficient contractors


Extreme Texas Air, LLC  / Extreme Texas Air, LLC 75 0 75 0 75 78652 3 Plumbing, Heating, AC Contractors
Online Training Programs for Restaurant & 
ACE Food Handler  / ACE Food Handler 55 0 55 20 75 78645 3 Hospitality

WCH Precision Color Inc  / WCH Precision Color Inc 75 0 75 0 75 78653 2 Commercial Painting


Texas Libations LLC  / Texas Libations LLC 75 0 75 0 75 78653 3 Marketing Consulting Services
Austin Salt Cave LLC  / Austin Salt Cave LLC 75 0 75 0 75 78734 1 Personal Care
Eleanor P. Womack MD PLLC  / Eleanor P. Womack 
MD PLLC 55 0 55 20 75 78746 3 Offices of Physicians
BALCONES CONTRACTING  / BALCONES 
CONTRACTING 75 0 75 0 75 78653 3 Residential Remodelers
Beckens, LLC  / Beckens, LLC doing business as 
Garage Interiors 75 0 75 0 75 78653 3 Construction
Motion Research, LLC  / Finspeed, LLC 55 0 55 20 75 78660 2 Other Automotive Parts Manufacturing 
Concentric Boutiques, Inc.  / Concentric Boutiques, 
Inc. dba fab'rik 70 4 74 0 74 78738 3 Women's Clothing Stores
Granelli Group  / Granelli Group 70 4 74 0 74 78669 3 Realtor

Adorn Home & Body llc  / Adorn Home & Body, LLC 70 2 72 0 72 78660 3 Women's Clothing Stores


Lizzylu, LLC  / Lizzylu 70 2 72 0 72 78746 3 Gift Store
Rick's Operating LLC  / Rick's Cleaners 70 0 70 0 70 78738 3 Drycleaning and Laundry Services

Starflight Travel Co. Inc,  / Starflight Travel Co. Inc, 70 0 70 0 70 78738 3 Health and Wellness‐‐Massage, Acupuncture, Yoga


Woody's Tavern & Grill, Inc.  / Woody's Tavern & 
Grill, Inc. 70 0 70 0 70 78738 3 Drinking Places (Alcoholic Beverages)

Beathard Holdings, Inc.  / Beathard Holdings, Inc 50 0 50 20 70 78669 3 Women's Clothing Stores


Baguette et chocolat LLC  / Baguette et chocolat 
LLC 50 0 50 20 70 78736 3  Snack and Nonalcoholic Beverage Bars

Bruce Reed Consulting  / Bruce Reed Consulting 70 0 70 0 70 78660 1 Consulting 


N Patel LLC  / Pak Mail 50 0 50 20 70 78734 3 Mailing, Shipping, Printing, Copy, Fax, Retail
Sir Phoenix Cleaners  / Sir Phoenix Cleaners 70 0 70 0 70 78738 3 Drycleaning and Laundry Services

Bellagio Clothier  / Bellagio Clothier DBA Gatsby's 70 0 70 0 70 78738 3 Retail store

Page 1 of 3
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Recommended Final Scores 251 thru 335

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry 
Pickle House Restaurant, LLC  / Pickle House 
Restaurant, LLC 70 0 70 0 70 78746 3 Custom Computer Programming Services

Connected Systems LLC  / Connected Systems LLC 65 4 69 0 69 78744 2 Custom Computer Programming Services


Two Brews, LLC  / West Pecan Coffee + Beer 65 4 69 0 69 78660 1 Wineries
Timothy M. Orr Anesthesia Services  / Timothy M. 
Orr Anesthesia Services 65 2 67 0 67 78725 2 Offices of Dentists
LifeKido LLC  / Life Ki‐do Martial Arts 65 2 67 0 67 78746 3 Martial Arts Instruction
CRUZTECA MEXICAN KITCHEN  / CRUZTECA 
MEXICAN KITCHEN 65 2 67 0 67 78734 3 Limited‐Service Restaurants
KJCW, LLC  / Frontyard Brewing 65 2 67 0 67 78669 3 Beer Manufacturing

Proclaim Advocates, LLC  / Proclaim Advocates, LLC 65 0 65 0 65 78746 3 Advertising Agencies


LCK Investments, LLC  / LCK Investments LLC dba 
bellezza salon & boutique 65 0 65 0 65 78738 3 Beauty Salon
Corrective Muscle Solutions LLC  / Corrective 
Muscle Solutions 65 0 65 0 65 78745 3 Health Care Services
Lightning Volts Electric Service LLC  / Lightning 
Volts Electric Service LLC 65 0 65 0 65 78736 3 Electrical Repair Service

Vibrant Nourished Life LLC  / Vibrant Nourished Life 65 0 65 0 65 78746 3 Healthcare Service


The Musicians Woodshed, LLC.  / The Musicians 
Woodshed 65 0 65 0 65 78738 3 Music Lessons
S & A Golshani, P.L.L.C.  / S & A Golshani, P.L.L.C. 
dba Serene Hills Dentistry 60 4 64 0 64 78738 3 Offices of Dentists
Bekendorfer + Associates, LLC  / Bekendorfer + 
Associates, LLC 60 2 62 0 62 78746 3 Landscape Architect
Rabbit Mountain Inc.  / Rabbit Mountain Inc. 60 2 62 0 62 78669 3 Pet Care (except Veterinary) Services
Admin Management & General Mgt Consulting 
Austex Technology LLC  / Austex Technology LLC 60 0 60 0 60 78728 2 Services
RP Conference and Meeting Management LLC  / RP 
Conference and Meeting Management LLC 60 0 60 0 60 78738 3 Meeting and Events Industry
James E Longmire CPA PLLC  / James E Longmire 
CPA PLLC 60 0 60 0 60 78732 2 Accounting
ASA Creative Services, LLC  / ASA Creative Services, 
LLC 60 0 60 0 60 78745 3 Event Production and Custom Fabrication
Xojo, Inc.  / Xojo, Inc. 60 0 60 0 60 78738 3 Software Publishers
Lonestar CEO, LLC  / YTexas 60 0 60 0 60 78738 3 Relocation
John Davidson Photography  / John Davidson 
Photography 60 0 60 0 60 78748 3 Photography

Wapco Distribution LLC  / Wapco Distribution LLC 60 0 60 0 60 78734 3 Other Direct Selling Establishments


Caccamisi Family Business Svcs LLC/dba/PostNet 
TX144  / Caccamisi Family Business Svcs  Business services ‐ printing, shipping, mailbox 
LLC/dba/PostNet TX144 60 0 60 0 60 78726 3 services
Avocet Analytics LLC  / Avocet Analytics LLC 40 0 40 20 60 78734 3 Other Management Consulting Services
Background Screening for Employers, Landlords, 
Doc U Screen, Inc.  / Data Disclosure Services 60 0 60 0 60 78734 3 etc.
Bagley Chiropractic & Wellness Center PA  / 
Corrective Chiropractic 60 0 60 0 60 78641 3 Offices of Chiropractors
CFN, INC  / CFN, INC 60 0 60 0 60 78726 2 Health and Nutrition
Dynamic Light, Inc.  / Dynamic Light, Inc. 60 0 60 0 60 78738 3 medical device software

Page 2 of 3
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Recommended Final Scores 251 thru 335

Organization Name / Application Title Score Bonus Sub Total Priority 1 Adjust Total Score Zip Franchise Precinct Industry 
Twin Creeks, LLC  / Twin Creeks Cellar, LLC dba 
Texas Keeper Cider 55 2 57 0 57 78652 3 Nail Salons

Cobbhop, Inc. DBA Wild Bird Center of Lakeway  / 
Cobbop, Inc. DBA Wild Bird Center of Lakeway 55 2 57 0 57 78733 3 All Other Miscellaneous Store Retailers
Sunset Valley Bar & Grill, LP  / Sunset Valley Bar & 
Grill, LP dba Doc's Backyard 55 0 55 0 55 78745 3 Full‐Service Restaurants

CARETEAM.LC dba AUSTIN COMPOUNDING 
PHARMACY  / AUSTINCOMPOUNDING.PHARMACY 55 0 55 0 55 78746 3 RETAIL PHARMACY
AAPL 75987 LLC  / AAPL 75987 LLC 55 0 55 0 55 78734 3 Voice over IP Systems
Rave Realty LLC  / Rave Property Management 55 0 55 0 55 78726 3 Real Estate Management
Rahn Lock & Key, Inc.  / Central Lock & Key 35 0 35 20 55 78660 1 Locksmiths
Irrigation Innovation Consulting, Inc.  / Irrigation 
Innovation Consulting, Inc. 50 0 50 0 50 78645 3 Service, consulting
James R. Waters, DDS, MSD, PA  / Steiner Ranch 
Orthodontics 45 2 47 0 47 78732 2 Healthcare, Dental
COLONYLive INC  / COLONYLive INC 45 0 45 0 45 78734 3 Technology / Media
Harrison Jewelers, LLC  / Harrison Jewelers 40 0 40 0 40 78734 3 Jewelry
Sherry J Huffman DBA Huntington Learning Center  
/ Huntington Learning Center 65 0 65 20 85 78738 Franchise 3 Educational Support Services
J Gardner Enterprises LLC dba Texas Lawn & 
Garden  / J Gardner Enterprises LLC dba Texas 
Lawn & Garden 60 0 60 20 80 78660 Franchise 2 Lanscaping
SKSJ Educational ventures lls  / Kiddie Academy of 
Bee Cave 55 2 57 20 77 78728 Franchise 3 Child Day Care Services

Grato Development LLC dba Papa Murphy's Pizza  / 
Grato Development LLC dba Papa Murphy's Pizza 55 2 57 20 77 78734 Franchise 3 Restaurant
CBA Limestone Holdings LLC  / Christian Brothers 
Automotive 65 2 67 0 67 78734 Franchise 3 Automotive Repair
Speedy Spot Subsidiaries, LLC  / 7‐11 Convenience 
Store 60 2 62 0 62 78660 Franchise 1 Gasoline Stations with Convenience Stores
Sub King of Austin, INC  / Firehouse Subs 60 2 62 0 62 78734 Franchise 3 Limited‐Service Restaurants
Edwin Shale, LLC dba Pet Wants Austin West  / Pet 
Wants 60 2 62 0 62 78734 Franchise 3 Retail ‐ pet Supplies
Primrose School  / BDG Lakeway LLC dba Primrose 
School of Lakeway 55 2 57 0 57 78734 Franchise 3 Child Care
Bueller RNDS, Inc.  / Bueller RNDS, Inc. 50 0 50 0 50 78746 Franchise 3 Programming Services

An additional 85 applicants are recommended for Final Score Approval.  These applicants would serve to replace any initial grantees 
within the top 250 who are unable to execute their grant agreements within the 5 day grant execution period; who are unable to meet their 
grant performance requirements; who do not use the full amount of the grant funds allocated. 

If additional funds were to become available, recommendation would be use this second waitlist in the order presented. 

Page 3 of 3
 
RECOMMENDATION SUMMARY 

Introduction: 

BCL of Texas developed a comprehensive approach to the Travis County TCTX Thrive Grant Small 
Business Program and assigned a team of six professionals to provide extensive technical support to all 
applicants. Prior to the application deadline, BCL followed up with all inquiries and applicants to confirm 
document verifications, reply to questions, additional documentation requests, and application reviews 
for accuracy. BCL also assembled a second team of four additional senior staff members to complete 
application reviews and scoring. 

Phase1 – Pre‐Eligibility: 

From June 1, 2020 through July 10, 2020 the TCTX Thrive Program received 1543 program inquiries in 
the BCL Zoom Grants application system.  Of these inquiries: 

 520 individual businesses were determined ELIGIBLE from their Pre‐Eligibility Questionnaire  
 529 individual businesses were determined INELIGIBLE from their Pre‐Eligibility Questionnaire 
o 395 (75%) were located in the Austin city limits. 
o 48 (9%) received unemployment benefits 
o 30 (6%) were duplicate submissions from business owners 
o 25 (4%*) made over $500,000 in annual net income for 2019 
o 16 (3%) were not in operation before or on March 1, 2019 
o 15 (3%) were ineligible for one or more of the following reasons, more than 25 full time 
equivalent employees; had not been financially affected by COVID‐19; was not an 
eligible type of business per the program guidelines; had outstanding tax liens or legal 
judgements.  
*The percentage was rounded down to the closest whole number to create a total of 100%.   

 494 individuals did not submit a Pre‐Eligibility Questionnaire 

Phase 2 – Application: 

Of the 520 eligible individual businesses 434 submitted completed applications by the July 31, 2020 
deadline.  All applications were reviewed and scored by August 4, 2020  

 335 applicants were determined ELIGIBLE for Scoring and Trail decisions to be presented to the 
Travis County review committee 
 65 applicants were determined INELIGIBLE, due to program guidelines 
 34 applicants were determined INELIGIBLE, due to submission of an incomplete application 

Ineligible applicants were provided with an opportunity to submit an appeal directly to Travis County 
three calendar days from their notification of ineligibility between August 7, 2020 through August 10, 
2020.  The approved appeals have been included in the eligible applicant count. 


 
Phase 3 – Review and Scoring: 

Application Scores were based on verifiable documentation provided by the applicant. A copy of the 
scoring criteria has been provided, which outlines the scoring of applications based on: 

 Applicant provided a Complete Application and Met the Program Public Purpose 
 Applicant was Eligible for the program 
 Applicant had been affected by COVID‐19 and demonstrated a compelling business need 
 Applicant demonstrated a willingness and ability to complete grant performance requirements 
 Bonus Points were provided to applicants who demonstrated Community Benefits to Travis 
County residents, outside of normal the business operation.  
 Priority Level 1 Points were also provided for business that were: 
o Minority Owned 
o Women Owned 
o Section 3 Business Concern 
o Located in a Low to Moderation Income Census Tract 
o Located in an Opportunity Zone Census Tract 

Following the application review and scoring, 210 applicants were scored in the top 225 grant slots. An 
additional twenty applicants each had a score of 85, but only fifteen placements within the top 225 
grant slots were available. All applicants marked as Priority level 2 were reviewed by total score, 
geographic location, industry, and net income. A total score adjust of one point was made to fifteen 
applicants who displayed a positive net income*. A positive net income reflects the businesses ability to 
sustain business operations and demonstrates an ability to complete grant performance requirements.   

Finally, Franchises were given a Priority level 3, and placed for recommendation after all other 
applicants has been assigned a placement. For reference all franchises were initially determined 
ineligible, and per recommendations from BCL, the guidelines were updated for independently owned 
franchises to be eligible.  
* The 2019 Tax Returns or 2019 Profit and Loss Statement were used to collect each applicant’s 2019 annual net income. Both documents are 
only one measurement tool for economic performance during an annual period. Additional documents that would be used for financial and 
economic performance of a business would be Cash Flow Statements, Accounts Receivable, Balance Sheet, Personal and Business Bank 
Statements associated with the business (18 months for this specific time period covered).  Requesting all of these documents would have 
created a burdensome process to the applicant, which is why it was determined these were not needed.   

In Conclusion: 

All applicants have been placed in order of Total Score, net Income (high to low), priority level 1 score, 
priority 2, priority level 3.  Three lists of recommended eligible applicants are as follows: 

 Top 225 Applicants, to receive up to $40,000 in grant funding  


 
 Additional 25 Applicants, to be placed on an initial waitlist to receive up to $40,000 in grant 
funding if an applicant in the Top 225 does not execute their grant agreement or use the full 
allocation of funds.  
 Remaining 85 Applicants, to be placed on a second waitlist if any additional funding becomes 
available.  


TRAVIS COUNTY SMALL BUSINESS CRF FUNDED BENEFICIARY CONTRACT
CFDA # 21.019

This Contract is entered into by the following Parties: County of Travis, a corporate and political
subdivision of Texas, (“County”), and the ____________________________________________,
a business located wholly in Travis County, Texas (“Business”).

RECITALS

This Contract is for economic development based on a state program under authority of Texas
Local Government Code, Chapter 381. County has received funds from the Treasury Department
from the Coronavirus Relief Fund (“CRF”) created by the Coronavirus Aid, Relief, and Economic
Security Act (“CARES Act”).

County desires to contract with Business for the economic preservation and development
necessary as a result of the response to the COVID-19 disaster by providing funds to Business for
activities authorized in the Treasury CRF Guidance pursuant to the CARES Act. Business is capable
of performing these activities and receiving reimbursement from CRF Funding.

On March 6, 2020, the Travis County Judge declared a local state of disaster related to the public
health emergency caused by COVID-19. On March 13, 2020, the Governor of the State of Texas
declared a state-wide disaster and the President of the United States declared a national
emergency for the same purpose. The Governor also invoked Texas Government Code § 418.017
in his declaration to “authorize the use of all available resources of state government and of
political subdivisions that are reasonably necessary to cope with this disaster.”

Some businesses have experienced extraordinary economic strain due to state and local
regulations related to the COVID-19 pandemic. County’s TCTX Thrive Small Business Program
provides funding from the Coronavirus Relief Fund (CRF) through the Treasury Department. The
program is offered to small businesses within Travis County, and outside the Austin city limits in
response to the economic crisis related to COVID-19. BCL of Texas administers the program,
including the marketing, application process, eligibility determination, award recommendations,
business coaching and monthly contact. County processes reimbursement requests, the appeal
process, approval of award recommendations and oversight of the program and the
administration of it by BCL of Texas.

County finds that the expenditure of public funds in support of the operations of small businesses
in this time of a pandemic crises, accomplishes several valid public purposes that protect the
County’s economy and the economic welfare of the residents in Travis County including funding
business model adjustments to accommodate the ongoing practice of social distancing and
sanitizing requirements that deter the spread of COVID-19 and protect public health and provide
a means of retaining jobs through the continuation of business operations.

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AGREEMENT

PART 1 - TRANSACTIONAL REQUIREMENTS

1. TERM:

Although expenditures made on and after March 1, 2020 and on or before November 30, 2020
are reimbursable under this Contract, the term begins on the day this Contract is last executed
by the Parties and continues until the latest of one year after the date this Contract is signed and
all audits and reviews of the expenditures of CRF Funding by the federal government are
completed, unless terminated earlier under any provision of it.

2. DEFINITIONS:

2.1 “BCL of Texas” means Business and Community Lenders of Texas, the administrator of the
TCTX Thrive Small Business Program.

2.2 “CARES Act” means the federal Coronavirus Aid, Relief, and Economic Security Act.

2.3 “CRF Funding” means the amount of funding which is up to Forty Thousand ($40,000)
Dollars that may be reimbursed to Business by County from the funding County has received
through the Treasury Department from the Coronavirus Relief Fund created pursuant to the
CARES Act.

2.4 “Eligible Expenditures” means necessary expenditures incurred on or after March 1, 2020
and on or before November 30, 2020 due to the declared disaster caused by public health
emergency caused by the coronavirus pandemic that meet the following criteria in this Contract,
as well as all applicable criteria in the Treasury CRF Guidance, in the CARES ACT, Direct Costs
Program:

2.4.1 Rent, lease or mortgage payment for real property used for business purposes,
like a storefront or a warehouse, but not partial mortgage payment for home mortgages
based on IRS rules for home-based businesses;

2.4.2 Rent, lease or purchase payment for applicable business property, like a delivery
vehicle; food truck; kitchen equipment; technology, payment, and communications
systems and other equipment;

2.4.3 New or expanded technology applications such as contactless payment or online


ordering systems and WiFi services that support the business;

2.4.4 Utility payments for business properties, but not partial utility costs based on IRS
rules for home-based businesses;

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2.4.5 Payments to suppliers and vendors, including sales taxes due for merchandise or
service purchased such as COVID impact related marketing or other economic recovery
needs and services but not miscellaneous expenses such as mileage and copying;

2.4.6 Personal Protective Equipment, sanitation supplies and equipment as needed for
safe operations, signage and testing for employees; and

2.4.7 Employee Compensation, including employer portion of social security and


medicare, worker’s compensation, that were not covered by another grant or federal
funding program.
2.5 “Expense Documentation” means complete, accurate itemized invoices, receipts for
Eligible Expenditures, including invoices from subcontractors and suppliers, if any, and other
appropriate supporting documentation such as cancelled checks, bank documentation for
completed ACHs & wire transfers, and paycheck stubs.

2.6 “Records” means any invoices, receipts, and other appropriate supporting
documentation of expenditures, papers, reports, records, books, data, and other documents that
are reasonably pertinent to the fulfillment of the requirements of this Contract.

2.7 “Treasury CRF Guidance” means the Coronavirus Relief Fund Guidance for State,
Territorial, Local, and Tribal Governments from the Treasury Department, June 30, 2020;
Coronavirus Relief Fund Frequently Asked Questions Updated as of August 10, 2020; and any
additional guidance or regulations about the use of CRF funding provided by the Treasury
Department before December 30, 2020.

2.8 “Treasury Department” means the United States Department of the Treasury.

2.9 “Working Day” means Monday through Friday except for days that County has designated
as holidays and listed at http://www.traviscountytx.gov\human-resources\holiday-schedule.

3. INCORPORATED DOCUMENTS:

3.1 The following documents are incorporated by reference as if fully reproduced in this
Contract:

3.1.1 Exhibit A- Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal
Governments from the Treasury Department, June 30, 2020; and Coronavirus Relief Fund
Frequently Asked Questions Updated as of August 10, 2020; as automatically amended
when updated by the Treasury Department.
3.1.2 Exhibit B- Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion For Covered Contractor

3.1.3 Exhibit C- Federal Anti-Lobbying Certification

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4. ORDER OF PRECEDENCE:

If there is any conflict or inconsistency between the provisions of this Contract or any
incorporated or referenced document, that conflict or inconsistency shall be resolved in the
following order of precedence:

4.1 This Contract and any subsequent amendments;

4.2 Exhibit A.

4.3 Exhibit B.

4.4 Exhibit C.

5. REPRESENTATIONS AND WARRANTIES OF BUSINESS:

5.1 Business represents and warrants that Business or Business Storefront:

5.1.1 Is located and registered within Travis County or has a storefront in Travis County;

5.1.2 Is not located within the incorporated limits of the City of Austin as evidence by
the business address as shown on legal documents;

5.1.3 Has been in business since March 1, 2019;

5.1.4 Had fewer than 25 Full Time Equivalent Employees on March 1, 2020;

5.1.5 Has had a maximum annual net revenue of $500,000 or less as confirmed in its
most recent tax return

5.1.6 Has no outstanding tax liens or legal judgments unless on a payment plan which is
current; and

5.1.7 Uses a Social Security Number, Employer Identification Number, or Individual


Taxpayer Identification Number for income tax purposes.

5.2 Business represents and warrants that Business will continue to operate as a going
concern for at least 12 months after the date on which Business signs this Contract with County.

5.3 Business represents and warrants that Business will use all of the CRF Funding reimbursed
to it for Eligible Expenditures.

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5.4 Business represents and warrants that Business will not make prepayments on contracts
using the CRF Funding if doing so would not be consistent with Business’s policies and procedures
in the ordinary course.

5.5 Business represents and warrants that Business will pay back any CRF Funding that the
Treasury Department determines has not been spent in compliance with the criteria in the CARES
Act.

6. BUSINESS’S SCOPE OF SERVICES AND OBLIGATIONS:

6.1 Nature of Funding.

6.1.1 Source of Funding. Business acknowledges and recognizes that the source of the
CRF Funding is Travis County and its CARES Act allocation for public programs or initiatives
authorized by the CARES Act. Business acknowledges that County must comply with the
Treasury CRF Guidance when reimbursing Business for Eligible Expenditures.

6.1.2 Subject to CARES Act. Business receives the CRF Funding from County as a
beneficiary. As a beneficiary of CARES Act funding, Business acknowledges that its use of
the funds is subject to the same terms and conditions as County’s use of these funds
under the Treasury CRF Guidance and the terms and conditions of this Contract. Business
agrees to strictly comply with all terms and conditions of the CARES Act funding, and to
pay County for any repayments, penalties, or interest incurred by County as a result of
Business’s failure to comply with all terms and conditions of the CARES Act funding. Funds
spent in non-compliance with the CARES Act are subject to recapture by County for return
to the Direct Costs Program or for return to the Treasury Department.

6.1.3 Transparency to Avoid Duplication of Funding. Business understands and agrees


that it is necessary for Business to be completely transparent with County about its
funding submissions for and use of other types of grant funding to avoid duplication of
reimbursements of expenditures eligible from more than one grant source. Business shall
provide County the names of the alternate sources of funding and copies of all
expenditures that it submits or plans to submit for funding from other sources, including
other federal grants, insurance coverage and philanthropic gifts or grants. Business shall
also provide County with notice of approvals and rejections of these submissions and will
certify that all information submitted to the County is true, accurate and complete to the
best of the certifying official’s knowledge.

6.2 Deposit of CRF Funding.

6.2.1 Bank Account Business shall provide an account for holding and disbursing the CRF
Funding and deposit of the reimbursements based on Eligible Expenditures from the CRF
Funding into that account.

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6.2.2 Interest Used as Principle. If CRF Funding is deposited into an interest-bearing
account or invested, Business must treat all interest earned and all proceeds of
investment as if it were CRF Funding received from County and use it exclusively for
Eligible Expenditures paid on or after March 1, 2020, and on or before November 30,
2020. CRF Funding is not subject to the Cash Management Improvement Act of 1990, as
amended.

6.2.3 Taxpayer Identification. Before any CRF Funding is payable, Business shall provide
the Travis County Auditor with an Internal Revenue W-9 Request for Taxpayer
Identification Number and Certification that is completed in compliance with the Internal
Revenue Code, its rules and regulations.

6.2.4 Payment by Direct Deposit. Business must email the Travis County Auditor at
TCTXThrive-Funding@traviscountytx.gov to obtain an electronic form to set up direct
deposit into Business’s bank account through electronic ACH deposit.

6.2.5 Business must send requests for reimbursement with all necessary Expense
Documentation to:
Patti Smith, CPA
Travis County Auditor
Preferably via e-mail to: TCTXThrive-Funding@traviscountytx.gov
or
Via US mail to: P.O. Box 1748
Austin, Texas 78767

6.3 Request for Reimbursement.

6.3.1 Timing of Submission. On or before the tenth day of each month after this
Contract begins through December 10, 2020, Business must request reimbursement and
submit complete, accurate and itemized Expense Documentation, as required by the
Travis County Auditor, for Eligible Expenditures which Business incurred and paid during
the previous month. There is one exception to this. Business may submit requests for
reimbursement and Expense Documentation for Eligible Expenditures for which funds
were disbursed between March 1, 2020 and the date this Contract begins on the tenth
day of the first month after this Contract begins. Business acknowledges that all requests
for reimbursement and Expense Documentation must be submitted on a rolling monthly
basis.

6.3.2 Form of Request. The Travis County Auditor may determine the format of the
request in her sole discretion. The request must include at least a statement that lists the
Eligible Expenditures, has the applicable Expense Documentation attached and certifies
that all information submitted to County is true, accurate and complete to the best of the
certifying person’s knowledge and that Business:

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6.3.2.1 has not applied for another grant or a loan for any of the amounts
submitted for reimbursement;

6.3.2.2 has not been approved for another grant or a loan that has not been
funded yet for any of the amounts submitted for reimbursement;

6.3.2.3 has not received for another grant or a loan for any of the amounts
submitted for reimbursement;

6.3.2.4, has withdrawn any other applications for any other funding after approval
of its application for CRF Funding; and

6.3.2.2 has not accepted any funding from any other grant, loan, donation or
insurance for any of the amounts submitted for reimbursement.

6.3.3 Disclosure of Other Reimbursements. Business shall provide County with a list of
all other funding received from governmental and philanthropic grants, federally funded
loans, and insurance proceeds with a description of the expenses on which these were
used with each request for reimbursement. The first request for reimbursement must
include funding received between March 1, 2020 and the end of the month for which the
request for reimbursement is made. All subsequent requests only need to list funding
received since the prior request for reimbursement.

6.3.4 Reimbursements of Only Eligible Expenses. Business shall not request


reimbursements for any expenditures that are not allowable under this Contract, or the
applicable statutes, rules and regulations. Business may only request reimbursement of
Eligible Expenditures from CRF Funding through December 10, 2020. If Business seeks
reimbursement after December 10, 2020, County may, in its sole discretion, disallow or
refuse to fund any Eligible Expenditure.

6.3.5 Issuance of ACH. Due to statutory requirements for auditing by the Travis County
Auditor and approval by Commissioners Court, County may require ten (10) business days
to process requests for reimbursement.

6.3.6 Prompt Payment Act. Business agrees that a temporary delay in making a
reimbursement payment due to the County’s accounting and disbursement procedures
shall not place the County in default of this Contract and shall not render the County liable
for interest or penalties, provided the delay does not exceed thirty (30) days after its due
date. Any payment not made within thirty (30) days of its due date shall bear interest in
accordance with Chapter 2251 of the Texas Government Code.

6.4 Not to Exceed Amount. Business understands and agrees that the maximum total
amount reimbursable under this Contract shall not exceed Forty Thousand ($40,000) Dollars
unless a written amendment in compliance with section 13 is approved by the Travis County

7
Commissioners Court. County shall not reimburse Business for any Eligible Expenditures that
would cause the total amount reimbursed to exceed Forty Thousand ($40,000) Dollars.

6.5 Adjustment to Not to Exceed Amount. Business will finalize the amount of funding
needed to assist the Business with Eligible Expenditures by completing an “Adjustment to the
Not to Exceed” Form contained within the invoice packet, provided after contract execution. The
Form will be submitted within 30 calendar days of the effective date of this contract and signed
by the Business and BCL of Texas. This total on the form will amend the not to exceed amount
in 6.4.

6.6 Use of CRF Funding.

Business may reimburse itself for Eligible Expenditures paid and incurred on or after March 1,
2020, and on or before November 30, 2020.

6.7 Business’s Other Obligations related to its Use of the CRF Funding.

6.7.1 Business shall return any portion of the CRF Funding to County within thirty (30)
days of notice if the County or the Treasury Department, or their designees, determine it
was not used for Eligible Expenditures, or not used pursuant to the terms of this Contract.

6.7.2 Business shall document and justify that each expenditure for which it requests
reimbursement from its CRF Funding was an Eligible Expenditure. Business shall keep
Records sufficient to demonstrate that the CRF Funding has been used in accordance with
the CARES Act and the Treasury CRF Guidance. Business shall deliver a copy of all Expense
Documentation and the final report of Eligible Expenditures to County no later than
December 10, 2020, and shall keep the Expense Documentation for a minimum of seven
(7) years after the close of the federal Direct Costs Program under the CARES Act.

7. RECORD REQUIREMENTS, ACCESSABILITY AND AUDITING:

7.1 Maintenance and Retention of Records. Business shall maintain its Records in standard
accounting form. Business shall make these Records available in County for inspection by
authorized County and federal personnel upon request. Business must maintain these Records
for at least seven (7) years after termination or expiration of this Contract. If any litigation, claim,
or audit involving these Records begins before that specified time period expires, Business must
keep these Records after the seven (7) years and until all litigation, claims, or audit findings are
resolved. Business is strictly prohibited from destroying or discarding any Records reasonably
pertinent to the fulfillment of the requirements of this Contract, unless the time period for
maintaining them under this subsection 7.1 has lapsed. Destruction is deemed non-
compliance.

7.2 Access to Records and Audit. Business grants any representatives authorized by County
or the federal government the right to unrestricted access in Travis County, Texas, at reasonable
times and within reasonable periods to all Records to perform audits and examinations, to review

8
excerpts and transcripts, and to substantiate the eligibility of expenditures under this Contract.
This right also includes the right to timely and reasonable access to Business’s personnel for the
purpose of reviewing, interviewing, evaluating, monitoring and making copies of Records related
to these audits and examinations.

7.3 Requirement to Address Audit Findings.


7.3.1 If any audit, monitoring, investigation, review of awards, or other compliance
review reveals any discrepancies, inadequacies, or deficiencies which are necessary to
correct to maintain compliance with this Contract, or applicable laws, regulations,
Business shall propose and submit to County a corrective action plan to correct the
discrepancies or inadequacies within thirty (30) calendar days after the Business's receipt
of the findings. County has the right to approve Business's corrective action plan.
7.3.2. Business understands and agrees that Business must make every effort to resolve
all outstanding issues, findings, or actions identified by the Travis County Auditor or
County through the corrective action plan or any other corrective plan. Failure to
promptly and adequately address these findings may result in CRF Funding being
withheld, other related requirements being imposed, or other sanctions and penalties.
Business shall complete any corrective action approved by County within the time period
specified by County and to the satisfaction of County, at the sole cost of Business. Business
shall provide County periodic status reports about Business's resolution of any audit,
corrective action plan, or other compliance activity for which Business is responsible.
7.4 Ownership. All information, data, and supporting documentation that are pertinent to
the fulfillment of the requirements of this Contract remain the property of Business.

8. “GOING CONCERN” BUSINESS REQUIREMENTS

8.1 Business shall participate in monthly coaching by BCL of Texas both as a business entity
and on a personal basis with an emphasis on building the assets of the business and preparing a
business continuity plan. Business may also complete programmed learning exercises or online
learning that will benefit the business.

8.2 Business shall prepare a written business continuity plans evidence of its continuing
efforts to complete its commitment to keep the business in operation as a going concern and
provide a copy of the draft plan to BCL of Texas no later than 45 business days after contract
award so that Business and BCL of Texas can review it together for potential refinements to it

8.3 On the tenth day of each month, Business shall submit a report to BCL of Texas describing
its continued business operations including information about the financial status of the
Business, including, but not limited to, financial statements, bank statements, payroll records,
transaction receipts for sales, purchase orders, copies of bids and executive contracts for the
entire 12 month term of the contract.

9
8.4 Business shall provide BCL of Texas written evidence that it is continuing to operate as a
going concern on the first anniversary of signing this Contract no later than one month after the
anniversary.

9. COUNTY’S OBLIGATIONS:

9.1 Supervision. The Travis County Auditor in consultation with County’s CARES grant
compliance consultant shall maintain supervisory control of the ultimate reimbursement from
CRF Funding for funds.

9.2 Distribution of CRF Funding, Not to Exceed Amount.

Through December 30, 2020, County shall reimburse Business for Eligible Expenditures from the
CRF Funding.

9.3 Requirements for Reimbursement. County shall reimburse Business in an aggregate


amount up to Business’s CRF Funding if Business has requested reimbursement for the Eligible
Expenditures in compliance with 6.3 before December 10, 2020 and has complied with the
reporting and “going concern” requirements in this Contract on a timely basis.

9.4 Offset for Ineligible Reimbursements. County shall not reimburse Business for any costs
that are not allowable under this Contract, and the applicable statutes, rules and regulations. If
County has reimbursed Business for expenditures that are ineligible or become ineligible due to
changes in the CARES Act or the Treasury CRF Guidance, County has the right to withhold all or
part of any subsequent reimbursement to Business to offset a reimbursement to Business for
expenditures that were ineligible or became ineligible as determined by the Travis County
Auditor in her sole discretion.

9.5 Monitoring. The Travis County Auditor is responsible for monitoring reporting
compliance and fiscal compliance with not exceeding the CRF Funding amount and shall resolve
any dispute between the Parties related to County’s reimbursements to Business under this
Contract.

9.6 Repayment provision. County has the right to demand repayment of any funds paid to
Business that did not comply with the requirements of this Contract or that were determined by
the County or the Treasury Department to be ineligible expenditures unless these were offset
against a subsequent reimbursement. Upon notice by County, Business shall promptly pay back
any monies previously reimbursed by County that County, in its sole discretion, determines were
ineligible expenditures by Business or that were not in compliance with this Contract.

9.7 Prior Debts and Other Ineligible Costs. County shall not be liable for costs of lobbying for
any purpose; repayment of any loans or debt unrelated to needs created by the COVID-19
disaster, costs incurred or performances rendered by Business before March 1, 2020 or after

10
November 30, 2020; for expenditure that Business has not submitted a request for
reimbursement to County on or before December 10, 2020; or for any reimbursement for
expenses or any other costs that are determined not to be in compliance with this Contract, or
ineligible through additional releases of federal guidance through updates to the Frequently
Asked Questions.

9.8 Issuance of 1099. County provides a 1099 for the amount reimbursed to the Business as
required by the guidance issued by the Treasury.

10. CONFIDENTIALITY:

Business shall not disclose privileged or confidential communications or information acquired


during performance under this Contract, unless authorized by law. Business shall adhere to all
applicable confidentiality requirements, as required by law, for performance under this Contract.

11 ALLOCATION OF RISK:

THE PARTIES AGREE TO BE RESPONSIBLE EACH FOR THEIR OWN NEGLIGENT ACTS OR
OMISSIONS, OR OTHER TORTIOUS CONDUCT IN THE COURSE OF PERFORMANCE OF THIS
CONTRACT. THE PARTIES AGREE THAT ANY LIABILITY OR DAMAGES OCCURRING DURING THE
PERFORMANCE OF THIS CONTRACT CAUSED BY THE JOINT OR COMPARATIVE NEGLIGENCE OF
THE PARTIES, OR THEIR EMPLOYEES, AGENTS OR OFFICERS, SHALL BE DETERMINED IN
ACCORDANCE WITH COMPARATIVE RESPONSIBILITY LAWS OF TEXAS. THIS PARAGRAPH SHALL
NOT BE INTERPRETED TO CREATE OR GRANT ANY RIGHTS, OR WAIVE ANY IMMUNITY,
CONTRACTUAL OR OTHERWISE, IN OR TO ANY PERSONS OR ENTITIES NOT A PARTY TO THIS
CONTRACT.

12. INSURANCE:

At all times during this Contract, Business shall maintain insurance coverage commensurate with
that Party’s obligations under this Contract in full force and County shall, to the extent permitted
by applicable laws, maintain self-funded insurance reserves commensurate with its obligations
under this Contract and in accordance with sound risk management practices. Business and
County are responsible for the respective costs of this insurance, including any deductible
amounts in any policy and any denials of coverage.

13. AMENDMENTS AND CHANGES IN THE LAW:

13.1 A modification, amendment, novation, renewal or other alteration of this Contract shall
not be effective unless mutually agreed upon in writing, approved by Travis County
Commissioners Court and executed by the Parties.

13.2 Any alteration, addition or deletion to this Contract which is required by changes in
federal law, federal guidance, updated Frequently Asked Questions or state law are automatically

11
incorporated into this Contract without written amendment to it and are effective on the date
designated by that law or guidance or updated Frequently Asked Questions.

14. ASSIGNMENT:

Business may not assign its rights and duties under this Contract. Any assignment attempted is
null and void.

15. SUBCONTRACTING:

The costs of any subcontracted services related to Business’s Eligible Expenditures are included
in the CRF Funding. If Business enters into subcontracts related to this Contract, the
subcontracts must be in writing and subject to all requirements in this Contract. Business shall
pay all subcontractors in a timely manner. County has the right to prohibit Business from using
any subcontractor.

16. REMEDIES AND WAIVER OF BREACH:

16.1 Business and County both have a duty to mitigate damages.

16.2 The remedies in this Contract are cumulative, and either Party’s use of any remedy does
not waive its right to use any other remedy. These remedies are in addition to any other rights
the Parties may have by law or statute or in equity, including injunctive relief. Pursuit of any
remedy is not a waiver of any obligation of a defaulting Party or of any damages accruing by
reason of the default.

16.3 Any waiver of any breach or any provision of this Contract must be in writing.

16.4 It is not a waiver of default if the non-defaulting Party does not declare a default
immediately or delays in taking any action. The waiver of any provision or any breach of this
Contract shall not be interpreted to be a waiver of any other provision or any other breach of this
Contract.

16.5 Despite any other provision in this Contract, the obligations of County under it are
expressly contingent upon the availability of funding for each obligation in it for the duration of
the Contract. Business has no right of action against County if County is unable to fulfill its
obligations under this Contract as a result of insufficient funding for obligations from any source
used to fund this Contract or failure to budget funding for this Contract during the current or
future fiscal years. If County is unable to fulfill its obligations under this Contract due to an
insufficient funding, or if funds become unavailable, County, at its sole discretion, may provide
funds from a separate source or may terminate this Contract by written notice to Business at the
earliest possible time.

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17. REMEDIES FOR NON-COMPLIANCE AND TERMINATION:

17.1 If County determines that Business materially fails to comply with any term of this
Contract, whether stated in a federal or state statute or regulation, an assurance, certification,
or any other applicable requirement, County, in its sole discretion may take actions including:

17.1 Temporarily withholding cash reimbursement payments pending correction of the


deficiency or more severe enforcement action by County;
17.2 Disallowing or denying use of funds for all or part of the cost of the expenditure
not in compliance;
17.3 Disallowing claims for reimbursement;
17.4 Wholly or partially suspending or terminating this Contract;
17.5 Requiring return or offset of previous reimbursements;
17.6 Prohibiting the Business from applying for or receiving additional funds for other
grant programs administered by County until repayment to County is made and any other
compliance or audit finding is satisfactorily resolved;
17.7 Reducing the grant award maximum liability of County;
17.8 Terminating this Contract with no obligation to reimburse for undocumented or
ineligible expenditures;
17.9 Imposing a corrective action plan;
17.10. Withholding further awards; or
17.11 Taking other remedies or appropriate actions.

Business costs resulting from obligations incurred during a suspension or after termination of
this Contract are not allowable unless County expressly authorizes them in the notice of
suspension or termination or subsequently. County, at its sole discretion, may impose
sanctions without first requiring a corrective action plan.
17.2 Suspension. If County desires to suspend the reimbursements or services under this
Contract, but not terminate it, County may issue a written order to stop work. The written order
shall set out the terms of the suspension. Business shall stop all services pursuant to this Contract
and will cease to incur costs or disburse funds during the suspension. Business may resume services
and disbursements when notified by County in a written authorization that the suspension is lifted.
If a change in the terms and conditions of reimbursement under this Contract is necessary because
of a suspension, the Parties will approve and execute a mutually agreed amendment.

17.3 Termination. At its option and without prejudice to any other remedy to which it may be
entitled to at law or in equity, or elsewhere in this Contract, County may terminate this Contract,
in whole or part, with or without cause, by giving thirty (30) days prior written notice to Business
and Business shall cease all performances and disbursement of CRF funding under this Contract
to the extent specified in the notice of termination and on the date specified in the notice or on
the date of termination. Upon receipt of the notice, Business shall not incur any new obligations

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or perform any additional services and shall cancel any outstanding obligations related to services
or benefits to be provided. County’s termination of this Contract shall not subject County to
liability for any reason.

17.3.1 Without Cause: Each Party may terminate this Contract, in whole or in part,
without cause, upon thirty (30) days prior written notice to the other Party.

17.3.2 With Cause: County has the right to terminate this Contract immediately, in
whole or in part, at its sole discretion, by giving written notice to Business and Business
shall cease all performances and disbursements of CRF funding under this Contract on the
date specified in the notice for the following reasons:

17.3.2.1 Non-performance by Business or Business’s failure or inability to


perform or substantially perform under this Contract within the time specified, for
whatever reason, including due to judicial order, injunction or any other court
proceeding;

17.3.2.2 Business’s improper use, misuse, or inept use of CRF Funding under
this Contract;

17.3.2.3 Business’s submission of Expense Documentation and/or reports


that are incorrect, incomplete, or false in any way; or

17.3.2.4 Business’s failure to comply with the reporting requirements, the


specifications of the Proposed Business Programs approved by the County under
this Contract, applicable federal, state, or local laws, rules, regulations and
ordinances, or any other provision stated in this Contract.

18. NOTICE:

18.1 Method. Any notice to be given under this Contract is deemed to have been given if given
in writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid,
to the party who is to receive the notice at the addresses stated in 18.2. Such notice is deemed
to have been given three (3) Working Days after the date it was delivered or mailed.

18.2 Addresses for Notice.

TO COUNTY: TO BUSINESS:
Judge Samuel T. Biscoe
Travis County
700 Lavaca Avenue St. 2nd Floor
Austin, Texas 75701 (512) 854-9555 (office)

With a copy to:

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Bonnie S. Floyd, MBA, CPPO, CPPB
Purchasing Agent
Travis County Purchasing Office
700 Lavaca Avenue St. 7th Floor
Austin, Texas 75701 (512) 854-9700 (office)

18.3 Change of Address. Each Party may change its address for notice by giving Notice of the
new address. County and Contractor shall give notice to each other of any change in its address,
including a change in the person to whom attention is directed, within fifteen (15) Days of the
change.

19. IMMUNITY:

19.1 County Immunity. This Contract is expressly made subject to County’s Sovereign
Immunity, Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and
state law. The Parties expressly agree that no provision of this Contract is in any way intended
to constitute a waiver of any immunities from suit or from liability that the County has by
operation of law.

20. COMPLIANCE WITH LAWS:

Business shall comply with all federal, state, and local statutes, ordinances, rules, regulations and
federal Executive Orders applicable to the performance of this Contract. Business is responsible
for ensuring this compliance.

21. BINDING AGREEMENT:

This Contract is binding upon Business and County and their respective heirs, successors,
executors, administrators and assigns.

22. INTERPRETATIONAL GUIDELINES:

22.1 Contra Proferentum. The doctrine of contra proferentum shall not apply to this Contract.
If an ambiguity exists in this Contract, the Contract shall not be interpreted against the Party that
drafted the Contract and that Party is not responsible for the language used.

22.2 Law and Venue. The laws of the State of Texas and the CARES Act and the Treasury CRF
Guidance and any applicable guidance from the Federal Government or Federal Agency related
to the CRF or the CARES Act govern the interpretation of this Contract. All obligations under this
Contract are performable in Travis County, Texas. The state or federal courts in Travis County
shall be the sole and exclusive venue for any litigation between the Parties based on this Contract.
22.3 Severability. If any portion of this Contract is ruled invalid or unenforceable by a court of

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competent jurisdiction, the remainder of the Contract remains valid and enforceable.

22.4 Interpretation of Time. All times stated in this Contract, are stated in Central Time.
Standard and Daylight Savings are applied based on the time in Austin, Texas on the stated date.
In computing periods of time under this Contract, exclude the first Day and include the last Day.
If the last Day is not a Working Day, extend the period until the next Working Day.

22.5 Number and Gender. The singular includes the plural and the plural includes the singular.
Words of one gender include the other genders.

22.6 Headings. The headings and titles are for convenience only and are not to be used in
interpreting this Contract.

23. PERSONS NOT A PARTY NOT TO BENEFIT:

The obligations of each Party to this Contract shall inure solely to the benefit of the other Party,
and no other person or entity may be a third person beneficiary of this Contract or have any right
to enforce any obligation created or established under it.

24. ENTIRE AGREEMENT:

This Contract including the Exhibits incorporated as a part of it are the entire agreement relating
to the subject matter of it between the Parties and supersedes any other agreement about the
subject matter of this transaction, whether oral or written, and except as provided in Section 13,
this Contract may not be modified. Each Party acknowledges that the other Party, or anyone
acting on behalf of the other Party has not made any representations, inducements, promises or
agreements, orally or otherwise, unless those representations, inducements, promises or
agreements are stated in this Contract, expressly or by incorporation.

25. INDEPENDENT CONTRACTOR:

Business, including its employees, agents and licensees, is an independent contractor and not an
agent, servant, joint venture or employee of County. Business is responsible for its own acts,
omissions, forbearance, negligence and deeds, and for those of its agents or employees in
conjunction with the performance of services or disbursement of funds under this Contract.
Business is specifically responsible for sufficient supervision and inspection to ensure compliance
in every respect with the requirements of this Contract. There shall be no contractual relationship
between County and any subcontractor, agent, employee or supplier of Business by virtue of this
Contract.

PART 2 – MISCELANEOUS FEDERAL MANDATES

1. CIVIL RIGHTS AND EQUAL OPPORTUNITY IN EMPLOYMENT

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During the performance of this Contract, Business agrees as follows:
1.1 Business will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Business will take affirmative action
to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. This
action includes, but is not limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
Business agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.

1.2 Business will, in all solicitations or advertisements for employees placed by or on


behalf of Business, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin.

1.3 Business will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising these labor union or workers' representatives of Business's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.

1.4 Business will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

1.5 Business will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant to it, and will permit access to its books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with these rules, regulations, and orders.

1.6 If Business is not compliant with the nondiscrimination clauses of this Contract or
with any of these rules, regulations, or orders, this Contract may be canceled, terminated,
or suspended in whole or in part and Business may be declared ineligible for further
government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions as may be imposed and remedies invoked as provided in Executive Order 11246
of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.

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1.7 Business will include the portion of the sentence immediately preceding
paragraph 1.1 and the provisions of paragraphs 1.1 through 1.7 in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
these provisions will be binding upon each beneficiary or vendor. Business will take such
action with respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing these provisions, including sanctions for noncompliance;
provided, however, that in the event Business becomes involved in, or is threatened with,
litigation with a beneficiary or vendor as a result of this direction by the administering
agency Business may request the United States to enter into such litigation to protect the
interests of the United States.

1.8 List of Pertinent Nondiscrimination Authorities: Business for itself, its assignees,
and successors in interest agrees to comply with the following nondiscrimination statutes
and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs
and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123),
as amended, (prohibits discrimination based on race, creed, color, national origin,
or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, subrecipients and Businesses,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and

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sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures discrimination
against minority populations by discouraging programs, policies, and activities
with disproportionately high and adverse human health or environmental effects
on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100); and
• Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U .S.C.
1681 et seq).

2. FEDERAL ANTI-LOBBYING CERTIFICATION

2.1 Business agrees that its authorized official shall execute the Federal Anti-Lobbying
Certification found in Exhibit D this Contract. Exhibit D is expressly incorporated in and made a
part of this Contract.
2.2 No Federal appropriated funds have been paid or will be paid, by or on behalf of Business,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2.3 If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
2.4 Business shall require that
2.4.1 the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements); and
2.4.2 all beneficiary certify and disclose accordingly.

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This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Business
certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, Business understands and agrees that the provisions of 31 U.S.C. §
3801 et seq., apply to this certification and disclosure, if any.
3 CERTIFICATION REGARDING DEBARMENT
3.1 Because this Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000, Business is required to verify that none of the contractors, its principals (defined at 2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
3.2 Business must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered
transaction into which it enters.
3.3 This certification is a material representation of fact relied upon by Travis County. If it is
later determined that Business did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to FEMA or any other funding source and Travis
County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
3.4 Business agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. Business further agrees to include a provision requiring this compliance in
its lower tier covered transactions
3.5 Business shall complete and update a Certification Regarding Debarment on the form in
Exhibit C whenever there is a change in status.
4 HIPAA COMPLIANCE
Business shall ensure that the persons performing services under this Contract comply with the
requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the
Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”), and 45
Code of Federal Regulations, Part 164 which forms a portion of the regulations issued under
HIPAA and HITECH; the Genetic Information Nondiscrimination Act of 2008; 42 Code of Federal
Regulations, Part 2 which forms the regulations on Confidentiality of Alcohol and Drug Abuse
Patient Records and Tex. Health & Safety Code Ann. §§ 81.046, 181.001, 241.151, and 611.001.
5 NO OBLIGATION BY FEDERAL GOVERNMENT

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The Federal Government is not a party to this Contract and is not subject to any obligations or
liabilities to the non-Federal entity, Business, or any other party pertaining to any matter
resulting from the Contract.
6 FRAUD AND FALSE OR FRAUDULENT OR RELATED ACTS
6.1 Business acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to Business’s actions pertaining to this Contract.
6.2 False Statements by Business. By acceptance of this Contract, Business makes all the
statements, representations, warranties, guarantees, certifications and affirmations included in
this Contract. If applicable, Business will comply with the requirements of 31 USC § 3729, which
set forth that recipients of federal payments shall not submit a false claim for payment. If any of
the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the Business signs or executes the Contract with a false statement or it is subsequently
determined that Business has violated any of the statements, representations, warranties,
guarantees, certifications or affirmations included in this Contract, then County may consider this
act a possible default under this Contract and may terminate or void this Contract for cause and
pursue other remedies available to County under this Contract and applicable law. False
statements or claims made in connection with County grants may result in fines, imprisonment,
and debarment from participating in federal grants or contract, and/or other remedy available
by law, potentially including the provisions of 38 USC §§ 3801-3812, which details the
administrative remedies for false claims and statements made.
7 COMPLIANCE WITH THE AGREEMENT WORK HOURS AND SAFETY STANDARDS ACT
7.1 Overtime requirements. No Contractor or beneficiary contracting for any part of the Contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
7.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section (29 C.F.R. Sec. 5.5) the Business responsible
therefor shall be liable for the unpaid wages. In addition, such Business shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (b)(1) of this section (29 C.F.R. Sec. 5.5),
in the sum of $27 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (b)(1) of this section (29 C.F.R. Sec. 5.5).

21
7.3 Withholding for unpaid wages and liquidated damages. The Federal Emergency Management
Agency or any other funding source or its loan or grant recipient shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by Business
under any such contract or any other Federal contract with the same prime Business, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime Business, such sums as may be determined to be necessary to satisfy
any liabilities of such Business or beneficiary for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section (29 C.F.R. Sec. 5.5)
7.4 Subcontracts. Business shall insert in any subcontracts the clauses set forth in paragraph
(b)(1) through (4) of this section (29 C.F.R. Sec. 5.5) and also a clause requiring the beneficiaries
to include these clauses in any lower tier subcontracts. The prime Business shall be responsible
for compliance by any beneficiary or lower tier beneficiary with the clauses set forth in
paragraphs (b)(1) through (4) of this section

8 CLEAN AIR ACT

8.1 Business agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
8.2 Business agrees to report each violation to the County and understands and agrees that
County will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency or any other funding source, and the appropriate
Environmental Protection Agency Regional Office.
8.3. Business agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA or any other funding
source.

9 FEDERAL WATER POLLUTION CONTROL ACT

9.1. Business agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

9.2. Business agrees to report each violation to the County and understands and agrees that
County will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency or any other funding source, and the appropriate
Environmental Protection Agency Regional Office.

9.3. Business agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA or any other funding
source.
10. PROCUREMENT OF RECOVERED MATERIALS

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10.1 In the performance of this Contract, Business shall make maximum use of products
containing recovered materials that are EPA designated items unless the product cannot be
acquired—
10.1.1 Competitively within a timeframe providing for compliance with the contract
performance schedule;

10.1.2 Meeting contract performance requirements; or

10.1.3 At a reasonable price.

10.2 Information about this requirement, along with the list of EPA designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.”
11 PROHIBITED COSTS
CRF Funding s may not be used in connection with the following acts by Business or individuals
employed by CRF Funding:
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures
that would not otherwise qualify under the statute. Revenue replacement is not a
permissible use of the CRF Funding.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially
dedicated to mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under
any other federal program.
E. Reimbursement to donors for donated items or services.
F. Workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
12 REQUIRED DOCUMENTATION
Funding for this Contract is appropriated under the Coronavirus Aid, Relief, and Economic
Security Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate
protective measures for and recovery from the public health emergency in areas affected by
COVID-19, which are Presidentially declared major disaster areas under Title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). All expenditures

23
under this Contract must be made in accordance with this Contract and any other applicable
laws, rules or regulations. Further, Business acknowledges that all funds are subject to recapture
and repayment for non-compliance.
Part 3 – APPLICABLE STATE STATUTES

1. PUBLIC INFORMATION AND MEETINGS


1.1 Business acknowledges that the County of Travis, a corporate and political subdivision of
the State of Texas, and this Contract are subject to the Public Information Act, Texas Government
Code, Chapter 552, (the “PIA”).

1.2 Business acknowledges that County will comply with the PIA, as interpreted by judicial
opinions and opinions of the Attorney General of the State of Texas.

1.3 Business acknowledges that information created or exchanged in connection with this
Contract, including all reimbursement Expense Documentation submitted to County, is subject
to the PIA, whether created or produced by the Business or any third party, and the Business
agrees that information not otherwise excepted from disclosure under the PIA, will be available
in a format that is accessible by the public at no additional charge to County or Treasury
Department.

1.4 Business will cooperate with County in the production of documents or information
responsive to a request for information.
2 E-VERIFY
By entering into this Contract, Business certifies and ensures that it utilizes and will continue to
utilize, for the term of this Contract, the U.S. Department of Homeland Security's e-Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties
within Texas; and (b) all persons (including subcontractors) assigned by the Business pursuant to
the Contract.
3 ENERGY CONSERVATION
If applicable, Business agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
4 CHILD PROTECTION
4.1 Business shall comply with Section 231.006, Texas Family Code, which prohibits payments
to a person who is in arrears on child support payments.

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4.2 Business shall comply with the Texas Family Code, Section 261.101, which requires
reporting of all suspected cases of child abuse to local law enforcement authorities and to the
Texas Department of Child Protective and Regulatory Services. Business shall also ensure that all
program personnel are properly trained and aware of this requirement.
Part 4 - SIGNATURES AND EXHIBITS

1. DUPLICATE ORIGINALS:

This Contract may be executed in duplicate originals and is effective when executed by both
Parties.

2. SIGNATORY WARRANTY

The persons signing this Contract represent and warrant that they are officers of the entity for
which they have signed it and that they have complete authority to enter into this Contract on
behalf of their respective entity and that their signatures are the acts of the Parties involved and
have been delivered and constitute legal, valid and binding obligations of the respective Parties.

3. ACCEPTANCES

By their signatures below, the duly authorized representatives of County and Business accept the
terms of this Contract in full.

COUNTY OF TRAVIS, STATE OF TEXAS BUSINESS____________________

_____________________________ ___________________________________
BY: Samuel T. Biscoe BY: _________________
Travis County Judge

Date: ________________________ Date: ______________________________

Approved as to Form:

_______________________________________________
Assistant County Attorney
Travis County Attorney’s Office

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Exhibit B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED BUSINESS

Federal Executive Order 12549 requires Travis County to screen each covered potential Business
to determine whether each has a right to obtain a contract in accordance with federal regulations
on debarment, suspension, ineligibility, and voluntary exclusion. Each covered Business must
also screen each of its covered subrecipients.
In this certification “Business” refers to both Business and subrecipient; “contract” refers to both
contract and subcontract.
By signing and submitting this certification, the Business accepts the following terms:
1. The certification herein below is a material representation of fact upon which reliance
was placed when this contract was entered into. If it is later determined that the
Business knowingly rendered an erroneous certification, in addition to other remedies
available to the federal government or Travis County may pursue available remedies,
including suspension and/or debarment.
2. The Business shall provide immediate written notice to the person to whom this
certification is submitted if at any time the potential Business learns that the
certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
3. The words “covered contract,” “debarred,” “suspended,” “ineligible,” “participant,”
“person,” “principle,” “proposal,” and “voluntarily excluded,” as used in this
certification have meanings based upon materials in the Definitions and Coverage
sections of federal rules implementing Executive Order 12549.
4. The Business agrees by submitting this certification that, should the proposed covered
contract be entered into, it shall not knowingly enter into any subcontract with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by a federal department
or agency, as applicable.
Do you have or do you anticipate having subcontractors under this contract? ___YES ___NO
5. The Business further agrees by submitting this certification that it will include this
certification titled "Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion for Covered Contracts” without modification, in all covered
subcontracts; and in solicitations for all covered subcontracts.
6. Business may rely upon a certification of a potential subcontractor that it is not
debarred, suspended, ineligible, or voluntarily excluded from the covered contract,
unless it knows that the certification is erroneous. Business must at a minimum,
obtain certifications from its covered subcontractors upon each subcontract's
initiation and upon each renewal.
7. Nothing contained in all the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by this
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certification document. The knowledge and information of Business is not required
to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
8. Except for contracts authorized under paragraph 4 of these terms, if Business in a
covered contract knowingly enters into a covered subcontract with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the federal government, any
federal agency may pursue available remedies, including suspension and/or
debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY
EXCLUSION FOR COVERED CONTRACTS
Indicate in the appropriate box which statement applies to the covered Business:

The Business certifies, by submission of this certification, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this contract by any federal department or agency, or the State of
Texas.

The Business is unable to certify to one or more of the terms in this certification. In this instance,
the Business must attach an explanation for each of the above terms to which he is unable to
make certification. Attach the explanation(s) to this certification.

______________________________ ___________________________
Name of Business Vendor I.D. or Social Security No.

Signature of Authorized Representative Date

______________________________ _______________________________
Printed/Typed Name Title of Authorized Representative

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Exhibit C

Federal Anti-Lobbying Certification


The undersigned Business certifies that, to the best of its knowledge:
No Federal appropriated funds have been paid or will be paid, by or on behalf of Business, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
Business shall require that:
1) the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and
2) all subrecipients certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Business
certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, Business understands and agrees that the provisions of 31 U.S.C. §
3801 et seq., apply to this certification and disclosure, if any.

______________________________________
Signature of Business’s Authorized Official

______________________________________ ____________
Name and Title of Business’s Authorized Official Date

28

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