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Executive Department
Delaware Economic Development Office
Statutory Authority: 29 Delaware Code, Section 5029(a), (29 Del.C. §5029(a))
final
ORDER
402 Procedures Governing The Delaware Strategic Fund
451 Matching Grants Program
452 Direct Grants Program
453 Co-Op Advertising Program
454 Procedures Governing Delaware Tourism Grant Program
Proposed changes to Regulation 402 relating to the Strategic Fund, Regulation 451 relating to the Matching Grants Program, Regulation 452 relating to the Direct Grants Program, Regulation 453 relating to the Co-Op Advertising Program, and Regulation 454 relating to the Tourism Grant Program were published in the Delaware Register of Regulations on August 1, 2012. The comment period remained open until September 30, 2012. There was no public hearing on the proposed changes to Regulations 402, and 451-454. Public notice of the proposed changes to Regulations 402 and 451-454 in the Register of Regulations was in conformity with Delaware law.
Summary of the Evidence and Information Submitted
No comments were submitted by the public.
Findings of Fact
Based on Delaware law and the record in this docket, I make the following findings of fact:
The purpose of Regulation 402 is to establish criteria for the administration of the Strategic Fund. The Regulations contain procedures governing the process for applying to the Authority for economic assistance under the Fund, pre-closing and post-closing procedures and criteria for the Authority's approval or disapproval of an application for economic assistance under the Fund. The requirements of the amended Regulation 402 best serve the interests of the public in that they reflect the actual process for processing and approving an application. The purpose of the changes to Regulations 451-454 is to delete those regulations for programs that are no longer operating and have been declared to be obsolete by DEDO.
Decision and Effective Date
Pursuant to 29 Del.C. §§5027-5029 (the "Act"), as amended, the Delaware Strategic Fund (the "Fund") was established. The Fund was created to assist the Delaware Economic Development Office (the "Office") through The Delaware Economic Development Authority (the "Authority") with efficiently administering financing programs as well as with developing new programs to retain, attract and expand Delaware employment. Section 5029(a) of the Act directs the Authority to draft rules and regulations pertaining to Fund eligibility. The following regulations (the "Regulations") have been adopted by the Authority pursuant to the foregoing provision of the Act. 29 Del.C. §5005(11) also gives the Director of the Office general power to promulgate rules and regulations governing the Office.
The Authority hereby adopts these regulations effective November 1, 2012.
Text and Citation
The text of the proposed amendments to Regulations 402 and 451-454 last appeared in the Register of Regulations Vol. 16, Issue 2, page 47.
IT IS SO ORDERED this 1st day of November 2012.
Alan B. Levin, Chairman, Delaware Economic Development Authority
402 Procedures Governing The Delaware Strategic Fund
1.0 Enabling Legislation
Pursuant to 29 Del.C. §§5027-5029 (the "Act"), as amended, the Delaware Strategic Fund (the "Fund") was established. The Fund was created to assist the Delaware Economic Development Office (the "Office") through The Delaware Economic Development Authority (the "Authority") with efficiently administering financing programs as well as with developing new programs to retain, attract and expand Delaware employment. Section 5029(a) of the Act directs the Authority to draft rules and regulations pertaining to Fund eligibility. The following regulations (the "Regulations") have been adopted by the Authority pursuant to the foregoing provision of the Act. 29 Del.C. §5005(11) also gives the Director of the Office general power to promulgate rules and regulations governing the Office.
5 DE Reg. 1141 (11/1/01)
2.0 Purpose
The purpose of these Regulations is to establish criteria for the administration of the Fund. The Regulations contain procedures governing the process for applying to the Authority for economic assistance under the Fund, pre-closing and post-closing procedures and criteria for the Authority's approval or disapproval of an application for economic assistance under the Fund.
3.0 Definitions
Unless otherwise indicated below, all capitalized terms used herein shall have the meaning ascribed to such terms in 29 Del.C. §5052.
The terms defined in 1.0 of this Regulation shall have the meanings ascribed to such terms therein.
The following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings:
"Application" means an application made to the Authority on such form or forms, together with all relevant attachments, as the Authority may, in its sole discretion, require in connection with administration of the Fund.
"Applicant" means any person, including individuals, firms, partnerships, associations, societies, trusts, public or private corporations, not for profit corporations or other legal entities, including public or governmental bodies as well as natural persons for which a Project is undertaken or proposed to be undertaken.
"Award" shall have the meaning ascribed to such term in 18.0 hereof.
"Brownfield" means any vacant, abandoned or underutilized real property, the development or redevelopment of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated.
"Brownfield Assistance" shall have the meaning ascribed to such term in 19.0 hereof.
"Certified Brownfield" means a Brownfield that the Secretary of the Department of Natural Resources and Environmental Control has certified as a Brownfield pursuant to the regulations promulgated under 7 Del.C. §9104(b)(2)p.
"Chairperson" means the Chairperson of the Authority.
"Council" means the Council on Development Finance created by 29 Del.C. §5007.
"Development Assistance" shall have the meaning ascribed to such term in 15.0 hereof.
"Eligible Project" shall have the meaning ascribed to such term in 19.0 hereof.
"Final Approval" means the final approval of an Application by the Chairperson.
"Financial Assistance" shall have the meaning ascribed to such term in 17.0 hereof.
"GII Loan" shall have the meaning ascribed to such term in 11.0 hereof.
"Green Industries Initiative" means the program created by the memorandum of understanding between the Delaware Development Office, predecessor in interest to the Office, and the Department of Natural Resources and Environmental Control dated December 2, 1991.
"Loan" shall have the meaning ascribed to such term in 10.0 hereof.
"Participation" shall have the meaning ascribed to such term in 9.0 hereof.
"Program" shall have the meaning ascribed to such term in 18.0 hereof.
"Relocation Assistance" shall have the meaning ascribed to such term in 16.0 hereof.
"SBIR" shall have the meaning ascribed to such term in 18.0 hereof.
5 DE Reg. 1141 (11/1/01)
4.0 Fees
4.1 Application Fees:
4.1.1 A non-refundable fee of two hundred fifty dollars ($250) on Applications for requests of financing up to and including one hundred thousand dollars ($100,000).
4.1.2 A non-refundable fee of seven hundred fifty dollars ($750) on Applications for requests of financing in excess of one hundred thousand dollars ($100,000), up to and including one hundred fifty thousand dollars ($150,000).
4.1.3 A non-refundable fee of one thousand two hundred fifty dollars ($1,250) on Applications for requests of financing in excess of one hundred fifty thousand dollars ($150,000), up to and including two hundred fifty thousand dollars ($250,000).
4.1.4 A non-refundable fee of one thousand seven hundred fifty dollars ($1,750) on Applications for requests of financing in excess of two hundred fifty thousand dollars ($250,000), up to and including three hundred fifty thousand dollars ($350,000).
4.1.5 A non-refundable fee of two thousand two hundred fifty dollars ($2,250) on Applications for requests of financing in excess of three hundred fifty thousand dollars ($350,000), up to and including four hundred fifty thousand dollars ($450,000).
4.1.6 A non-refundable fee of two thousand seven hundred fifty dollars ($2,750) on Applications for requests of financing in excess of four hundred fifty thousand dollars ($450,000), up to and including five hundred fifty thousand dollars ($550,00).
4.1.7 A non-refundable fee of three thousand two hundred fifty dollars ($3,250) on Applications for requests of financing in excess of five hundred fifty thousand dollars ($550,000), up to and including six hundred fifty thousand dollars ($650,000).
4.1.8 A non-refundable fee of three thousand seven hundred fifty dollars ($3,750) on Applications for requests of financing in excess of six hundred fifty thousand dollars ($650,000), up to and including seven hundred fifty thousand dollars ($750,000).
4.1.9 A non-refundable fee of four thousand two hundred fifty dollars ($4,250) on Applications for requests of financing in excess of seven hundred fifty thousand dollars ($750,000), up to and including eight hundred fifty thousand dollars ($850,000).
4.1.10 A non-refundable fee of four thousand seven hundred fifty dollars ($4,750) on Applications for requests of financing in excess of eight hundred fifty thousand dollars ($850,000), up to and including nine hundred fifty thousand dollars ($950,000).
4.1.11 A non-refundable fee of five thousand two hundred fifty dollars ($5,250) on Applications for requests of financing in excess of nine hundred fifty thousand dollars ($950,000), up to and including one million fifty thousand dollars ($1,050,000).
4.1.12 A non-refundable fee of five thousand seven hundred fifty dollars ($5,750) on Applications for requests of financing in excess of one million fifty thousand dollars ($1,050,000), up to and including one million one hundred fifty thousand dollars ($1,150,000).
4.1.13 A non-refundable fee of six thousand two hundred fifty dollars ($6,250) on Applications for requests of financing in excess of one million one hundred fifty thousand dollars ($1,150,000), up to and including one million two hundred fifty thousand dollars ($1,250,000).
4.1.14 A non-refundable fee of six thousand seven hundred fifty dollars ($6,750) on Applications for requests of financing in excess of one million two hundred fifty thousand dollars ($1,250,000), up to and including one million three hundred fifty thousand dollars ($1,350,000).
4.1.15 A non-refundable fee of seven thousand two hundred fifty ($7,250) on Applications for requests of financing in excess of one million three hundred fifty thousand dollars ($1,350,000), up to and including one million four hundred fifty thousand dollars ($1,450,000).
4.1.16 A non-refundable fee of seven thousand seven hundred fifty dollars ($7,750) on Applications for requests of financing in excess of one million four hundred fifty thousand dollars ($1,450,000), up to and including one million five hundred fifty thousand dollars ($1,550,000).
4.1.17 A non-refundable fee of eight thousand two hundred fifty dollars ($8,250) on Applications for requests of financing in excess of one million five hundred fifty thousand dollars ($1,550,000), up to and including one million six hundred fifty thousand dollars ($1,650,000).
4.1.18 A non-refundable fee of eight thousand seven hundred fifty dollars ($8,750) on Applications for requests for financing in excess of one million six hundred fifty thousand dollars ($1,650,000), up to and including one million seven hundred fifty thousand dollars ($1,750,000).
4.1.19 A non-refundable fee of nine thousand two hundred fifty dollars ($9,250) on Applications for requests for financing in excess of one million seven hundred fifty thousand dollars ($1,750,000), up to and including one million eight hundred fifty thousand dollars ($1,850,00).
4.1.20 A non-refundable fee of nine thousand seven hundred fifty dollars ($9,750) on Applications for requests for financing in excess of one million eight hundred fifty thousand dollars ($1,850,000), up to and including one million nine hundred fifty thousand dollars ($1,950,000).
4.1.21 A non-refundable fee of ten thousand dollars ($10,000) on Applications for requests of financing in excess of one million nine hundred fifty thousand dollars ($1,950,000). The fee shall be in the form of a check made payable to "The Delaware Economic Development Authority."
4.2 Modification Fees
4.2.1 In any event in which a recipient of funding requests a modification to a previously awarded Application, a non-refundable fee of $500 shall be due at the time of approval.
4.2.2 The fee shall be in the form of a check made payable to "The Delaware Economic Development Authority."
4.3 Waiver of Fees-The foregoing fees shall, unless otherwise waived by the Authority in its sole discretion, be paid with respect to all financial assistance granted by the Authority.
13 DE Reg. 1227 (03/01/10)
5.0 Loan Terms
5.1 Interest Rate
5.1.1 The interest rate on a direct loan with a term up to and including one hundred twenty (120) months shall be sixty percent (60%) of the prime rate published in The Wall Street Journal.
5.1.2 The interest rate on a direct loan with a term of more than one hundred twenty (120) months shall be seventy percent (70%) of the prime rate published in The Wall Street Journal.
5.1.3 The interest rate on a participation loan with a term up to and including one hundred twenty (120) months shall be sixty percent (60%) of the participating bank's commercial rate.
5.1.4 The interest rate on a participation loan with a term of more than one hundred twenty (120) months shall be seventy percent (70%) of the participating bank's commercial rate.
5.2 Maturity
5.2.1 Loans for which the proceeds are used for working capital purposes shall not have a maturity of greater than five (5) years.
5.2.2 Loans for which the proceeds are used for purposes other than working capital and the purchase or renovation of real estate shall not have a maturity of greater than ten (10) years.
5.2.3 Loans for which the proceeds are used to purchase or renovate real estate shall not have a maturity greater than twenty (20) years.
5.3 Repayment
5.3.1 Loans will be amortized and repaid to the Authority on a monthly basis. Any amortization of Loan repayment other than monthly principal and interest shall be at the sole discretion of the Authority.
5.3.2 Participations will be amortized to mirror those of the financial institution from which the Participation was purchased.
5 DE Reg. 1141 (11/1/01)
6.0 Application Procedure
6.1 Before submitting an Application, the Applicant should consult with the Authority to determine if the Project is eligible for consideration.
6.2 To apply for financial assistance, an Applicant must submit a completed Application concerning the Project to the Authority for review, together with the non-refundable Application fee. No application will be reviewed by the Authority until it is complete to the satisfaction of the Authority.
6.3 Applicants may obtain Application forms by contacting the Director of Financial Programs, Delaware Economic Development Office, 99 Kings Highway, Dover, DE 19901. Phone (302) 739-4271 / Fax (302) 739-5749.
7.0 Evaluation Process
7.1 When an Application is complete to the satisfaction of the Authority, the Authority will evaluate the Project, which evaluation may be based on the following:
7.1.1 Visitation to the Applicant's place of business, which may take place prior to the Application as a part of the meeting to determine eligibility.
7.1.2 Analysis of historical and projected financial statements and a comparison to industry peers.
7.1.3 An independent industry study (using source material such as RMA Annual Statement Studies), comparing the Applicant's projections to the study, and considering the short term and long term outlook for the industry.
7.1.4 Contact with the Applicant's customers to ascertain the quality of the product or service provided, the competitiveness of the pricing, reliability and timelines of delivery, length of the relationship, likelihood of the relationship being continued, and customer's opinions of the Applicant's management.
7.1.5 Contact with the Applicant's suppliers to ascertain the length of the relationship, the amount of credit extended, the amount of purchases, payment history, the likelihood of the relationship being continued, and possibly an opinion of Applicant's management.
7.1.6 Contact with the Applicant's bank(s) to ascertain credit history and obtain an opinion of the Applicant's management.
7.1.7 An analysis of collateral available to secure any requested financing as to adequacy of amount, quality, condition, and marketability.
7.1.8 Independent credit investigations of the Applicant and its principals, which may include judgment and lien searches.
7.1.9 Independent inquiries about the Applicant and its principals with other agencies of the State, other states, or the United States.
7.2 After completing the evaluation, a determination shall be made regarding the merits of the request, the adequacy of the collateral available to secure the requested financing, if applicable, and, if applicable, the likelihood of repayment.
7.3 If a positive determination is made, the requested financing will be presented to the Chairperson for preliminary approval.
5 DE Reg. 1141 (11/1/01)
8.0 Approval Process
8.1 The Authority shall use its reasonable best efforts to complete its review of the Application and to forward the Application to the Chairperson for preliminary approval or disapproval within sixty (60) days from the date it deems an Application complete.
8.2 Upon preliminary approval by the Chairperson, an Application shall be submitted to the Council for review, and the Council shall make a recommendation with respect to the Application.
8.3 If the Chairperson of the Authority determines that a Project has substantial economic development content, is in the public interest, and that the Authority's financial support would represent a prudent use of State funds, consistent with the Act, then the Chairperson may recommend financial assistance for such Project to the Council which exceeds any dollar limitations, conditions to, or restrictions on, assistance contained in these Regulations.
8.4 Upon recommendation by the Council, the Application shall be submitted to the Chairperson for consideration and final approval or disapproval.
8.5 Final Approval shall constitute official action on the part of the Authority demonstrating its intent to adopt a resolution authorizing the issuance of the requested financial assistance. Final Approval will be binding on the Authority provided, however, that the Authority may withdraw Final Approval at any time prior to the disbursement of financial assistance, if it determines that (1) the Applicant's circumstances have changed adversely since the date of Final Approval or since completion of the Application, if such adverse change did not come to the Authority's attention prior to Final Approval or (2) the Application contained a statement that was materially false or failed to include information necessary to prevent the Application from being materially false.
8.6 Final Approval will be effective for a period not to exceed one (1) year, and all funds committed for a Project must be completely dispersed by the Authority within that time. The Authority, in its sole discretion, may make limitations or grant extensions with respect to this one-year period.
8.7 The Applicant shall be issued a commitment letter outlining the terms and conditions of the Final Approval. When the commitment letter has been accepted by the Applicant and returned to the Authority together with any required fees, and all required documentation is prepared in form and content satisfactory to the Authority, a closing is scheduled and financial assistance is made available to the Applicant.
5 DE Reg. 1141 (11/1/01)
9.0 Participation Loan Program
9.1 Program Description
9.1.1 The Authority is empowered to purchase participations from financial institutions that are approved by the Authority (a "Participation"). A Participation shall be no more than thirty percent (30%) of the eligible bank debt with respect to a Project. The Authority may, in its sole discretion, limit the amount of its Participation in any Project to any amount less than thirty percent (30%).
9.1.2 The maximum amount of a Participation ordinarily shall be four hundred fifty thousand dollars ($450,000), and the minimum amount shall be thirty thousand dollars ($30,000).
9.1.3 Proceeds of Participations can be used for any Project, subject to 9.2.2 below.
9.1.4 The maximum term of a Participation shall be twenty (20) years and the minimum term shall be two (2) years. The actual term will be based on usage of the proceeds and will mirror the term of the underlying loan.
9.2 Eligibility Standards
9.2.1 To be eligible for a Participation, a Project should serve a public purpose by maintaining or expanding full-time employment in the State, maintaining or diversifying business and industry in the State, and/or maintaining or increasing its tax base. Also, the Applicant must be able to demonstrate to the satisfaction of the Authority that financial assistance from the State is necessary to effectuate the outcome of the Project.
9.2.2 The following projects do not qualify for a Participation:
9.2.2.1 Private speculative real estate ventures;
9.2.2.2 Projects which do not attract or retain employment opportunities;
9.2.2.3 Restaurants and professional office buildings;
9.2.2.4 Refinancing of existing debt; and,
9.2.2.5 Funding projects located outside the State.
9.3 Project Approval Standards
9.3.1 Findings. - As a precondition to approving a Participation, the Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
9.3.1.1 Employment Standard. - The Authority will review information concerning the Applicant as submitted in an Application or as otherwise available to the Authority through independent investigation. As a condition precedent to purchasing a Participation, the Authority shall determine that the Applicant intends to maintain and/or is capable of maintaining or providing gainful employment within the State. The standards to be considered by the Authority will include, but not be limited to, the number of permanent, quality, full-time jobs created or retained as a result of the Project, the wage scale applicable to persons to be employed as a result of the Project, the economic situation in the State at the time of filing of the Application, the effect of the Project on the tax base of the State or of the county or municipality in which the Project is to be located, and the expected impact that the Project will have on the development of new or expanded economic activity within the State.
9.3.1.2 Abandonment Standard. - When applying the "employment standard" set forth in 9.3.1.1 above, the Authority shall take into consideration whether the Project will cause or result in unnecessary abandonment of an existing facility elsewhere in the State by the Applicant. The Authority, in its sole discretion, may disapprove a Participation for a Project involving relocation within the State if the relocation will result in a job loss and/ or hardship for existing employees or abandonment.
9.3.1.3 Capability Standard; Adherence to Law. In determining whether the Project will assist in creating or retaining "direct, permanent, quality full-time jobs" in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its sole discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any operator or principal user of the Project.
9.3.1.4 Prior Lending Commitment. - Prior to Final Approval the Applicant must provide a written commitment from a bank or other recognized lending institution evidencing its commitment to lend to the Applicant the required portion of the bank debt necessary to complete the proposed Project.
9.3.2 Collateral Provisions. - The Participation shall be collateralized to the satisfaction of the Authority which shall use standard underwriting procedures to determine such collateralization. In the case of a privately held company, personal guarantees from active owners (whose ownership is 20% or greater) will normally be required.
9.3.3 Mandatory Provisions in Closing Documents. - The closing documents for a Participation shall state that, if applicable, the participating financial institution will provide evidence to the Authority that the Applicant maintains property insurance policies on any collateral. The Authority shall be listed as loss payee, as its interests may appear, and the participating financial institution will provide evidence to the Authority that the Applicant maintains public liability insurance naming the Authority as an additional insured, as its interests may appear.
9.3.4 Post-Loan Period - Annual Reporting. - Unless waived or amended by the Authority in its sole discretion, the Applicant shall, for a period of five (5) years following the funding of a Participation, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. Each Applicant shall report to the Authority no later than August 31 of each of the years for which the report is required.
5 DE Reg. 1141 (11/1/01)
10.0 Direct Loan Program
10.1 Program Description
10.1.1 The Authority is empowered to make direct loans to Applicants (a "Loan").
10.1.2 The maximum amount of a Loan ordinarily shall be four hundred fifty thousand dollars ($450,000), and the minimum amount shall be thirty thousand dollars ($30,000).
10.1.3 Proceeds of a Loan can be used for, but are not limited to, the acquisition of land, buildings, machinery and equipment, the expansion of an existing building, or the renovation of machinery, equipment, and buildings. Proceeds can also be used to augment working capital.
10.1.4 The maximum term of a Loan shall be twenty (20) years and the minimum term shall be two (2) years. The actual term of the Loan will be based on usage of the proceeds.
10.2 Eligibility Standards
10.2.1 To be eligible for a Loan, a Project should serve a public purpose by maintaining or expanding employment in the State, by maintaining or diversifying business and industry in the State, and/or by maintaining or increasing its tax base. Also, the Applicant must be able to demonstrate to the satisfaction of the Authority that financial assistance from the State is necessary to effectuate the outcome of the Project.
10.2.2 The following projects do not qualify for a Loan:
10.2.2.1 Private speculative real estate ventures;
10.2.2.2 Projects which do not attract or retain employment opportunities;
10.2.2.3 Restaurants and professional office buildings;
10.2.2.4 Refinancing of existing debt; and,
10.2.2.5 Funding projects located outside the State.
10.3 Project Approval Standards
10.3.1 Findings. - As a precondition to approving a Loan, the Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
10.3.1.1 Employment Standard. - The Authority will review information concerning the Applicant as submitted in an Application or as otherwise available to the Authority through independent investigation. As a condition precedent to making a Loan, the Authority shall determine that the Applicant intends to maintain and/or is capable of maintaining or providing gainful employment within the State. The standards to be considered by the Authority will include, but not be limited to, the number of permanent, quality, full-time jobs created or retained as a result of the Project, the wage scale applicable to persons to be employed as a result of the Project, the economic situation in the State at the time of filing of the Application, the effect of the Project on the tax base of the State or of the county or municipality in which the Project is to be located, and the expected impact that the Project will have on the development of new or expanded economic activity within the State.
10.3.1.2 Abandonment Standard. - When applying the "employment standard" set forth in 10.3.1.1. above, the Authority shall take into consideration whether the Project will cause or result in unnecessary abandonment of an existing facility elsewhere in the State by the Applicant. The Authority, in its sole discretion, may disapprove a Loan in a Project involving relocation within the State if the relocation will result in a job loss and/or hardship for existing employees or abandonment.
10.3.1.3 Capability Standard; Adherence to Law. In determining whether the Project will assist in creating or retaining "direct, permanent, quality full-time jobs" in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any operator or principal user of the Project.
10.3.2 Collateral Provisions. - The Loan shall be collateralized to the satisfaction of the Authority which shall use standard underwriting procedures to determine such collateralization. In the case of a privately held company, personal guarantees from active owners (whose ownership is 20% or greater) will normally be required.
10.3.3 Mandatory Provisions in Closing Documents. - The closing documents for a Loan shall state that, if applicable, the Applicant will provide evidence to the Authority that the Applicant maintains property insurance policies on any collateral with the Authority listed as loss payee, as its interests may appear, and public liability insurance policies with the Authority listed as an additional insured, as its interests may appear.
10.3.4 Post-Loan Period - Annual Reporting. - Unless waived or amended by the Authority in its sole discretion, the Applicant shall, for a period of five (5) years following the funding of a Loan, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. Each Applicant shall report to the Authority no later than August 31 of each of the years for which the report is required.
5 DE Reg. 1141 (11/1/01)
11.0 Green Industries Loan Program
11.1 Program Description
11.1.1 The Authority is empowered to make loans to Applicants who have been approved for eligibility under the Green Industries Initiative (a "GII Loan"). The maximum amount of a GII Loan by the Authority shall be thirty percent (30%) of the eligible bank debt with respect to a Project. The Authority may, in its sole discretion, limit the amount of its GII Loan in any Project to any amount less than thirty percent (30%).
11.1.2 The maximum amount of a GII Loan ordinarily shall be four hundred fifty thousand dollars ($450,000), and the minimum amount shall be thirty thousand dollars ($30,000).
11.1.3 Proceeds of a GII Loan can be used for projects including, but not limited to, the acquisition of land, buildings, machinery and equipment, the expansion of an existing building, or the renovation of machinery, equipment, and buildings. Proceeds can also be used to augment working capital. Proceeds shall not be used for vehicles or other equipment that may be classified as "rolling stock."
11.1.4 The maximum term of a GII Loan shall be twenty (20) years and the minimum term shall be two (2) years. The actual term of the GII Loan will be based on usage of the proceeds.
11.1.5 GII Loans may also be made through Participations. The term of a GII Participation will mirror the underlying loan from the financial institution.
11.2 Eligibility Standards
11.2.1 To be eligible for a GII Loan, a Project should serve a public purpose by demonstrating the reduction, abatement, or prevention of pollution of the state's environment or protecting its natural resources.
11.2.2 The following projects do not qualify for a GII Loan:
11.2.2.1 Projects for which the Applicant has not been approved for the Green Industries Initiative;
11.2.2.2 Projects which do not demonstrate the reduction, abatement, or prevention of pollution of the State's environment or the protection of its natural resources;
11.2.2.3 Refinancing of existing debt;
11.2.2.4 Speculative ventures;
11.2.2.5 Funding projects located outside the State; and
11.2.2.6 Private, non-profit activities.
11.3 Project Approval Standards
11.3.1 Findings. - As a precondition to approving a GII Loan, the Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
11.3.1.1 Pollution Control Standard. The Authority will review information concerning the Applicant as submitted in an Application or as otherwise available to the Authority through independent investigation. As a condition precedent to making a GII Loan, the Authority shall determine that the Applicant intends to maintain and/or is capable of maintaining or providing for the control, abatement, or prevention of land, water, or general environmental pollution within the State. The standards to be considered by the Authority will include, but not be limited to, the environmental situation in the State at the time of filing of the Application, the effect of the Project on the State or of the county or municipality in which the Project is to be located, and the expected impact that the Project will have on the development of new or expanded economic activity within the State.
11.3.1.2 Abandonment Standard. When applying the "Pollution Control Standard" set forth in 11.3.1.1 above, the Authority shall take into consideration whether the Project will cause or result in unnecessary abandonment of an existing facility elsewhere in the State by the Applicant. The Authority, in its sole discretion, may disapprove a GII Loan in a Project involving relocation within the State if the relocation will result in a job loss and/ or hardship for existing employees or abandonment.
11.3.1.3 Capability Standard; Adherence to Law. In determining whether the Project will assist in the reduction, abatement, or prevention of pollution of the State's environment or whether it will protect the State's natural resources, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any operator or principal user of the Project.
11.3.1.4 Prior Lending Commitment. Prior to Final Approval the Applicant must provide a written commitment from a bank or other recognized lending institution evidencing its commitment to lend to the Applicant the required portion of the bank debt necessary to complete the proposed Project.
11.3.2 Collateral Provisions. – The GII Loan shall be collateralized to the satisfaction of the Authority which shall use standard underwriting procedures to determine such collateralization. In the case of a privately held company, personal guarantees from active owners (whose ownership is 20% or greater) will normally be required.
11.3.3 Mandatory Provisions in Closing Documents. The closing documents for a GII Loan shall state that, if applicable, the Applicant will provide evidence to the Authority that the Applicant maintains property insurance policies on any collateral with the Authority listed as loss payee, as its interests may appear, as well as public liability policies with the Authority listed as additional insured, as its interests may appear.
11.3.4 Post-Loan Period - Annual Reporting. Unless waived or amended by the Authority in its sole discretion, the Applicant shall, for a period of five (5) years following the funding of a GII Loan, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. Each Applicant shall report to the Authority no later than August 31 of each of the years for which the report is required.
5 DE Reg. 1141 (11/1/01)
12.0 Reserved.
13.0 Reserved.
14.0 Reserved.
15.0 Development Incentive Assistance
15.1 Program Description
15.1.1 The Authority is empowered to make financial assistance in the form of grants to Applicants ("Development Assistance").
15.1.2 The maximum amount of Development Assistance with respect to a Project ordinarily shall be four hundred fifty thousand dollars ($450,000), and the minimum amount shall be thirty thousand dollars ($30,000).
15.2 Eligibility Standards
15.2.1 To be eligible for Development Assistance, a Project should serve a public purpose by maintaining or expanding employment in the State, maintaining or diversifying business and industry in the State, and/or maintaining or increasing its tax base. Development Assistance may be used for the following activities: the acquisition of land, buildings, machinery and equipment, the expansion of an existing building, or the renovation or reconstruction of machinery, equipment, and buildings.
15.2.2 The following projects do not qualify for Development Assistance:
15.2.2.1 Private speculative real estate ventures;
15.2.2.2 Projects which do not attract or retain employment opportunities;
15.2.2.3 Restaurants and professional office buildings;
15.2.2.4 Refinancing of existing debt; and
15.2.2.5 Funding projects located outside the State.
15.3 Project Approval Standards
15.3.1 Findings. - As a precondition to approving Development Assistance, the Authority shall make the findings and determinations required by 29 Del. C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
15.3.1.1 Employment Standard. - The Authority will review information concerning the Applicant as submitted in an Application or as otherwise available to the Authority through independent investigation. As a condition precedent to making Development Assistance, the Authority shall determine that the Applicant intends to maintain and/or is capable of maintaining or providing gainful employment within the State. The standards to be considered by the Authority will include, but not be limited to, the number of permanent, quality, full-time jobs created or retained as a result of the Project, the wage scale applicable to persons to be employed as a result of the Project, the economic situation in the State at the time of filing of the Application, the effect of the Project on the tax base of the State or of the county or municipality in which the Project is to be located, and the expected impact that the Project will have on the development of new or expanded economic activity within the State.
15.3.1.2 Abandonment Standard. - When applying the "employment standard" set forth in 15.3.1.1 above, the Authority shall take into consideration whether the Project will cause or result in unnecessary abandonment of an existing facility elsewhere in the State by the Applicant. The Authority, in its sole discretion, may disapprove Development Assistance for a Project involving relocation within the State if the relocation will result in a job loss and/or hardship for existing employees or abandonment.
15.3.1.3 Capability Standard; Adherence to Law. - In determining whether the Project will assist in creating or retaining "direct, permanent, quality full-time jobs" in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any operator or principal user of the Project.
15.3.1.4 Business Standard. – In making findings and determinations with respect to the capital investment in a Project, the Authority will consider capital investment made and to be made in the proposed Project. If the Project involves an Agricultural Business or a Commercial Business, as those terms are defined in the Act, the Project must require a capital investment of at least ten thousand dollars ($10,000), which funds, including the amount of Development Assistance will be available or expended on the date that the Authority provides such Development Assistance. The term "capital investment" shall be applied in accordance with generally accepted accounting principles.
15.3.1.5 Operator and User Standard. - An Applicant shall, if requested by the Authority or required in the Application, submit such information as is requested or required for each proposed operator or principal user of the Project. The Authority shall apply the same standards with respect to the operators and principal users of the Project as are applied to the Applicants, unless there is good reason, established by the Applicant, to make the findings and determinations with respect to the Applicant alone. The financial strength of the Applicant and capacity to manage or operate the Project, among other considerations, may be the basis for omitting such findings and determinations with respect to the operators or principal users.
15.3.2 Clawback Provision. - The Authority shall determine, in its sole discretion, appropriate clawback provisions for each Applicant under which the Applicant may be required to repay some or all of the Development Assistance granted under this section 15.
15.3.3 Post-Grant Period - Annual Reporting - Unless waived or amended by the Authority in its sole discretion, the Applicant shall, for a period of five (5) years following the award of Development Assistance under the Program, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. Each Applicant shall report to the Authority no later than August 31 of each of the years for which the report is required.
5 DE Reg. 1141 (11/1/01)
16.0 Relocation Assistance
16.1 Program Description
16.1.1 The Authority is empowered to provide financial assistance to businesses to offset some of the expenses associated with physically relocating personnel and/or equipment related to the establishment of their Delaware operation ("Relocation Assistance").
16.1.2 The maximum amount of Relocation Assistance ordinarily shall be four hundred fifty thousand dollars ($450,000), and the minimum amount shall be thirty thousand dollars ($30,000).
16.2 Eligibility Standards
16.2.1 To be eligible for Relocation Assistance, a Project must serve a public purpose by creating new employment in the State, and should be from targeted industries which include manufacturers, wholesalers, laboratories, data processing, engineering, financial services (except banks subject to bank franchise tax), or administration and/or provide a minimum of 25 new jobs by either transferring out-of-state employees to new residences in the State or by attracting new employees for the Delaware operation.
16.2.1.1 The following criteria are used to determine eligibility:
16.2.1.1.1 A company not presently in the State relocates to the State.
16.2.1.1.2 A distinct division, subsidiary, or company with an existing Delaware presence that relocates additional operations to the State.
16.2.1.1.3 A significant expansion of an existing Delaware operation by relocating new and distinct operations not currently being done in the State, but previously done out-of-state that:
16.2.1.1.3.1 increases permanent full-time employment over their current Delaware base;
16.2.1.1.3.2 demonstrates that new and distinct operations being relocated are added to the existing Delaware operation.
16.2.1.1.4 The assistance provided should be a critical element in the relocation decision.
16.2.2 Applicant for Relocation Assistance shall provide for substantiation of eligibility before funding of a Project will occur.
16.2.2.1 The following criteria are used to determine substantiation:
16.2.2.1.1 Machinery & Equipment - The Applicant must provide actual receipts of expenses associated with the physical relocation and installation of equipment from a previous location to the State. (The purchase and installation of new equipment is not eligible).
16.2.2.1.2 Personnel - The Applicant shall provide evidence of the physical relocation of those employees which have moved and established a new residence in the State.
16.3 Project Approval Standards
16.3.1 Findings. - As a precondition to approving Relocation Assistance, the Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
16.3.1.1 Employment Standard. - The Authority will review information concerning the Applicant as submitted in an Application or as otherwise available to the Authority through independent investigation. As a condition precedent to making Relocation Assistance, the Authority shall determine that the Applicant intends to maintain and/or is capable of maintaining or providing gainful employment within the State. The standards to be considered by the Authority will include, but not be limited to, the number of permanent, quality, full-time jobs created or retained as a result of the Project, the wage scale applicable to persons to be employed as a result of the Project, the economic situation in the State at the time of filing of the Application, the effect of the Project on the tax base of the State or of the county or municipality in which the Project is to be located, and the expected impact that the Project will have on the development of new or expanded economic activity within the State.
16.3.1.2 Capability Standard; Adherence to Law. - In determining whether the Project will assist in creating or retaining "direct, permanent, quality full-time jobs" in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any operator or principal user of the Project.
16.3.1.3 Business Standard. – In making findings and determinations with respect to the capital investment in a Project, the Authority will consider capital investment made and to be made in the proposed Project. If the Project involves an Agricultural Business or a Commercial Business, as those terms are defined in the Act, the Project must require a capital investment of at least ten thousand dollars ($10,000), which funds, including the amount of Relocation Assistance will be available or expended on the date that the Authority provides such Relocation Assistance. The term "capital investment" shall be applied in accordance with generally accepted accounting principles.
16.3.1.4 Operator and User Standard. - An Applicant shall, if requested by the Authority or required in the Application, submit such information as is requested or required for each proposed operator or principal user of the Project. The Authority shall apply the same standards with respect to the operators and principal users of the Project as are applied to Applicants, unless there is good reason, established by the Applicant, to make the findings and determinations with respect to the Applicant alone. The financial strength of the Applicant and his capacity to manage or operate the Project, among other considerations, may be the basis for omitting such findings and determinations with respect to the operators or principal users.
16.3.2 Clawback Provision. - The Authority shall determine, in its sole discretion, appropriate clawback provisions for each Applicant under which the Applicant may be required to repay some or all of the Relocation Assistance granted under this section 16.
16.3.3 Post-Grant Period - Annual Reporting. - Unless waived or amended by the Authority in its sole discretion, the Applicant shall, for a period of five (5) years following the award of Relocation Assistance, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. Each Applicant shall report to the Authority no later than August 31 of each of the years for which the report is required.
5 DE Reg. 1141 (11/1/01)
17.0 Exempt Persons Development Assistance
17.1 Program Description.
17.1.1 The Authority is empowered to make financial assistance ("Financial Assistance") in the form of grants or loans to Exempt Persons, as defined in the Act. Exempt Persons are governmental units and certain non-profit organizations described in section 501(c)(3) of the federal Internal Revenue Code of 1986.
17.1.2 The maximum amount of Financial Assistance with respect to a Project ordinarily shall be four hundred fifty thousand dollars ($450,000), and the minimum amount of such assistance shall be thirty thousand dollars ($30,000).
17.2 Eligibility Standards
17.2.1 To be eligible for Financial Assistance, a Project shall demonstrate potential to contribute to the prosperity, health or general welfare of the citizens of the State by contributing, directly or indirectly, to the retention and expansion of existing Delaware businesses, to the recruitment of new businesses to the State, or to the formation of new businesses in the State.
17.2.2 If the Applicant involves individuals or organizations other than Exempt Persons in a Project, then the Applicant must also demonstrate that the involvement of such individuals or organizations on the Project will contribute to the prosperity, health or general welfare of the citizens of the State by contributing, directly or indirectly, to the retention and expansion of existing Delaware businesses, to the recruitment of new businesses to the State, or to the formation of new businesses in the State, and the Applicant must define such individual's or organization's responsibilities and document their willingness and ability to perform.
17.3 Project Approval Standards
17.3.1 Findings. - In connection with the approval of Financial Assistance for a Project, the Authority shall make the findings and determinations required by 29 Del.C. §5054(f)(2) with respect to the Project. The Authority shall apply the following standards where applicable in making such findings and determinations:
17.3.1.1 General Findings Standard. - The Authority will review the information submitted by the Applicant to determine whether the Project will tend, directly or indirectly, to maintain or provide gainful employment within the State. The standards to be considered will include, but not be limited to, the number of permanent, quality, full-time jobs that could be created or saved as a result of the Project, the economic situation in the State, and the expected effect that the Project will have on the development of new or expanded economic activity within the State. If the Project is for pollution control purposes, the Authority will determine whether the Project will reduce, abate or prevent pollution of the State's environment or protect its natural resources.
17.3.1.2 Public Purpose Standard. - The Applicant must demonstrate that the proposed Project will serve a public purpose by contributing to the prosperity, health, or general welfare of the citizens of the State.
17.3.1.3 Adherence to Law. - Should the Applicant involve individuals or organizations in conjunction with a Project, findings and determinations must be made that such individuals and organizations have not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application.
5 DE Reg. 1141 (11/1/01)
18.0 SBIR Bridge Grant Assistance
18.1 Program Description
18.1.1 In order to encourage Delaware small businesses to participate in the federal Small Business Innovation Research ("SBIR") program, the Authority has set forth criteria to help maintain continuing SBIR program research and development. The purposes of the SBIR program are to (i) stimulate technological innovation; (ii) use small business to meet federal research and development needs; (iii) encourage the participation by disadvantaged and minority persons in technological innovation; and (iv) increase private sector commercialization of results derived from federal research and development.
18.1.1.1 The SBIR program is divided into three phases. The purpose of SBIR Phase I is to show: (i) that the Assisted Person can do high quality research and development; (ii) that the proposed effort is technically feasible; and (iii) that sufficient progress has been made to justify a much larger federal agency investment in an Assisted Person's project in connection with SBIR's Phase II. An SBIR Phase I Award can be as much as on hundred thousand dollars ($100,000). The SBIR Phase II is the principal research and development effort, with a duration which normally does not exceed two years. Federal awards for SBIR Phase II are based upon the results of SBIR Phase I and the scientific and technical merit of the SBIR Phase II proposal. The object is to continue the research and development initiated under SBIR Phase I. An SBIR Phase II award can be as much as five hundred thousand dollars ($500,000). However, the federal government is not obliged to fund any specific Phase II proposal. SBIR Phase III encourages small businesses to seek commercialization funding principally from the private sector (no Federal SBIR funding is provided).
18.1.1.2 The SBIR Bridge Grant Assistance program (the "Program") seeks to permit the Applicant to maintain its staff and continue its research pending SBIR Phase II approval, which may take as long as nine months after the submission of an SBIR Phase II proposal. Thus, a Program grant of financial assistance (an "Award") may be used to help cover the salaries of personnel after completion of Phase I and before Phase II monies become available. In addition, an Award may be used to help defray expenses connected with scientific research, patent search and applications, strategic and business plan development, market research, product planning and product development. Capital equipment and construction or modifications of facilities are not covered.
18.1.2 Award Approval and Standards
18.1.2.1 Findings. - In connection with the approval of an Award, the Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards in making such findings and determinations:
18.1.2.1.1 SBIR Participation. - In order to be eligible for an Award, an Applicant must establish that it has been granted an SBIR Phase I award and has submitted a proposal to the appropriate federal agency for, but has not yet received, SBIR Phase II funding.
18.1.2.1.2 Principal Place of Business Standard. - In determining whether an Applicant's principal place of business is in the State, an Applicant shall demonstrate to the Authority that its Delaware operation is either its sole operation or its primary business location.
18.1.2.1.3 Economic Benefit Standard. - When applying the "Economic Benefit Standard" the Authority will review the information submitted by an Applicant to determine whether the Project will tend to maintain or provide gainful employment within the State. The standards to be considered will include, but will not be limited to, the wage scale applicable to persons to be employed as a result of the research project, the economic situation in the State, the effect of the project on the tax base of the State, and of the county or municipality in which the project is to be located, and the expected effect that the research project will have on the development of new economic activity within the State.
18.1.2.1.4 Employment Standard. - The Authority shall require that an officer or principal of the Applicant certify to the Authority that the Applicant maintains a full-time equivalent of not more than one hundred (100) employees at the time of the Award.
18.1.3 Approval. - The Authority may, after applying the foregoing standards, approve a Project and provide an Award to an Applicant up to a maximum of fifty thousand dollars ($50,000). No more than four (4) Awards will be granted to an Applicant in a rolling ten (10) year time period. Additional Awards may be granted by the Authority, but the Authority may, in its discretion, require repayment of such additional awards. An Award may be made, at the sole discretion of the Authority, in a lump sum or in installments. The specific conditions under which the Authority shall make an Award to an Applicant shall be set forth in a commitment letter between the Authority and the Applicant.
18.1.4 Post-Award Documentation. - The following documentation shall be required of all Applicants receiving Awards:
18.1.4.1 A summary of the work performed under the Award no later than August 31 of each of the five (5) years following the Award or otherwise as required by the Authority. Such summary shall include projections or documentation of any actual commercialization of the Project (such as patents obtained, new products developed, etc.) and any economic impact (in terms of employment and/ or sales impact with the company, etc.) of such commercialization.
18.1.4.2 Notification of Phase II SBIR award results immediately after the award is made or denied.
5 DE Reg. 1141 (11/1/01)
13 DE Reg. 1227 (03/01/10)
19.0 Brownfield Assistance
19.1 Program Description
19.1.1 The Authority is empowered to make financial assistance in the form of matching grants to Applicants for the costs of conducting environmental assessments and remediation at Certified Brownfield sites ("Brownfield Assistance").
19.1.2 The maximum amount of Brownfield Assistance by the Authority with respect to any single Certified Brownfield shall be the lesser of (a) fifty thousand dollars ($50,000), or (b) fifty percent (50%) of the total costs of environmental assessment and remediation with respect to that Certified Brownfield (an "Eligible Project"). The Authority may, in its sole discretion, limit the amount of Brownfield Assistance for any Eligible Project to any amount less than fifty thousand dollars ($50,000) or fifty percent (50%) of environmental assessment and remediation at the Eligible Project. The Authority may not award more than one million dollars ($1,000,000) of Brownfield Assistance, in aggregate, during any fiscal year of the State.
19.2 Eligibility Standards
19.2.1 The following criteria will be used to determine eligibility for Brownfield Assistance:
19.2.1.1 The proposed investment should have the potential to serve a public purpose by maintaining or expanding employment in the State by maintaining, expanding, or diversifying business and industry in the State, and/or maintaining or increasing its tax base.
19.2.1.2 Since Brownfield Assistance is in the form of matching grants, the Applicant shall demonstrate to the satisfaction of the Authority that funds are available for environmental assessment and remediation expenses at the Eligible Project that will equal or exceed the amount of Brownfield Assistance requested.
19.2.1.3 Because Eligible Projects must be Certified Brownfields, the Applicant must submit with its Application the written certification of the Eligible Project as a Brownfield issued by the Secretary of the Department of Natural Resources and Environmental Control.
19.2.2 The following expenses or types of real property do not qualify for Brownfield Assistance:
19.2.2.1 Expenses for environmental assessment and remediation incurred prior to January 16, 2001;
19.2.2.2 Expenses for environmental assessment which are considered by the Authority, in its sole discretion, as normal and ordinary in the course of any financing or real estate transfer transaction or Phase One assessments;
19.2.2.3 Any site with respect to any portion of which enforcement action has been initiated under 7 Del.C. Ch. 63, Ch. 74 or §9101; 42 U.S.C. § 6901 et seq.; or 42 U.S.C. § 9606 or § 9607;
19.2.2.4 Sites which are owned by a governmental unit of the State; and
19.2.2.5 Sites located outside the State.
19.3 Project Approval Standards
19.3.1 Findings. - As a precondition to approving Brownfield Assistance, the Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
19.3.1.1 Capability Standard; Adherence to Law. - In determining whether the Project may assist in creating or retaining employment in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any proposed operator or principal user of the Eligible Project.
19.3.1.2 Operator and User Standard. - An Applicant shall, if requested by the Authority or required in the Application, submit such information as is requested or required for each proposed operator or principal user of the Eligible Project. The Authority shall apply the same standards with respect to the operators and principal users of the Eligible Project as are applied to the Applicants, unless the Applicant establishes good reason to make the findings and determinations with respect to the Applicant alone.
19.3.2 Clawback Provision. - The Authority shall determine, in its sole discretion, appropriate clawback provisions for each Applicant under which the Applicant may be required to repay some or all of the Brownfield Assistance granted under this section 19.
19.3.3 Post-Grant Period - Annual Reporting. - Unless waived or amended by the Authority in its sole discretion, the Applicant shall, within ninety (90) days after completing the environmental assessment and/or remediation at the Eligible Project, submit to the Authority a written report setting forth the total costs for management and labor, equipment, sampling and analysis and the removal and disposal of hazardous waste or other materials at the Eligible Project.
1.0 Enabling Legislation
The Delaware Strategic Fund (the "Fund") was established pursuant to 29 Del.C. §§5027-5029 (the "Act"), and appropriated to the Delaware Economic Development Office on behalf of The Delaware Economic Development Authority. The Fund was created to facilitate the development of new programs to retain, attract and expand Delaware employment. The following regulations (the "Regulations") have been adopted by the Authority pursuant to its authority in §5029(a) of the Act and 29 Del.C. §5054(e)(1).
2.0 Purpose
The purpose of these Regulations is to establish criteria for the administration of the Fund and for Fund Eligibility. The Regulations contain procedures governing the process for applying to the Authority for economic assistance under the Fund, pre-closing and post-closing procedures and criteria for the Authority's approval or disapproval of an application for economic assistance under the Fund.
3.0 Definitions
Unless otherwise indicated below, all capitalized terms used herein shall have the meaning ascribed to such terms in 29 Del.C. §5052.
The terms defined in 1.0 of this Regulation shall have the meanings set forth for such terms therein.
The following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings:
Application Evaluation Report” shall mean a comprehensive written evaluation of the merits of an application, and which employs the standards set forth in Section 7.0 herein.
"Application" means a certified application made to the Authority on such form or forms, together with all relevant attachments, and signed by an authorized officer or representative of the Applicant, as the Authority may, in its sole discretion, require in connection with administration of the Fund.
"Applicant" means any person, including individuals, firms, partnerships, associations, societies, trusts, public or private corporations, not for profit corporations or other legal entities, including public or governmental bodies as well as natural persons for which a Project is undertaken or proposed to be undertaken, and all subsidiaries, parents, and associated entities of such Applicant.
Assistance” shall mean any funding of a loan, grant, or equity investment from the Strategic Fund.
Authority” shall mean The Delaware Economic Development Authority.
"Brownfield" means any vacant, abandoned or underutilized real property, the development or redevelopment of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated.
"Brownfield Assistance" shall have the meaning set forth in 10.0 hereof.
"Certified Brownfield" means a Brownfield that the Secretary of the Department of Natural Resources and Environmental Control has certified as a Brownfield pursuant to the regulations promulgated under 7 Del.C. §9104(b)(2)p.
"Chairperson" means the Chairperson of the Authority.
"Council" means the Council on Development Finance.
DEDO” shall mean the Delaware Economic Development Office.
"Eligible Project" shall have the meaning set forth in 10.1.2 hereof.
Equity Investment” shall have the meaning set forth in 5.3 hereof.
"Final Approval" means the final approval of an Application by the Chairperson, and as set forth in Section 8.3 hereof.
Grant” shall have the meaning set forth in 5.2 hereof.
"Loan" shall have the meaning set forth in 5.1 hereof.
Project” means the specific intended use of the proceeds from a Loan, Grant or Equity Investment.
Recapture” shall mean an obligation to repay all or part of any Funding.
"SBIR Program" shall have the meaning set forth in 9.0 hereof.
STTR Program” shall have the meaning set forth in 9.0
4.0 Fees
4.1 Application Fees: The Authority shall charge and collect such fees and charges as it shall determine to be reasonable for the use of its services consistent with 29 Del.C. §5054 (e)(11). Such fees shall be reviewed annually by the Authority, and submitted for recommendation and approval by the Council. Fee schedules shall be posted on the DEDO website at _______________and a copy shall be provided with the application. The current fee schedule is attached to this regulation as Exhibit A.
4.2 Modification Fees: In any event in which a recipient of funding requests a modification to a previously awarded Application, Loan or Grant, a non-refundable fee shall be due at the time of approval. Modification fees shall be reviewed annually by the Authority and posted on the DEDO website at ________________.
4.3 Payment of Fees: All fees paid pursuant to this section shall be in the form of a check made payable to "The Delaware Economic Development Authority."
4.4 Waiver of Fees: The foregoing fees shall, unless otherwise waived by the Authority, be paid with respect to all financial assistance granted by the Authority.
5.0 Forms of Assistance
5.1 Loans: The Authority is empowered to make direct loans to Applicants (a “Loan”).
5.1.1 Loan proceeds can be used for, but are not limited to, working capital, renovation, construction, or any other type of improvements to roads, utilities and related infrastructure and public facilities, the acquisition of land, buildings, machinery and equipment, the expansion of an existing building, or the renovation of machinery, equipment and buildings and relocation expenses.
5.1.2 Interest Rate – The Authority shall determine reasonable interest rates for Loans made to an Applicant, and consistent with the Fund purpose.
5.1.3 Maturity – Loans shall have a reasonable maturity depending upon the purpose of the loan as working capital, the purchase or renovation of real estate, or other use, and consistent with the Fund purposes.
5.1.4 Repayment – Loans will be amortized and repaid to the Authority on a monthly basis. Any amortization of Loan repayment other than monthly principal and interest shall be at the sole discretion of the Authority, and consistent with the Fund purpose.
5.1.5 Collateral Provisions – The Loan shall be collateralized to the satisfaction of the Authority, consistent with standard commercial underwriting procedures, to determine such collateralization. In the case of a privately held company, personal guarantees from owners with ownership of twenty percent (20%) or greater will be required, unless waived by the Authority.
5.1.6 Mandatory Provisions in Closing Documents – All closing documents for a Loan shall require, if applicable, the Applicant to provide evidence to the Authority that the Applicant maintains property insurance policies on any collateral with the Authority listed as loss payee, as its interests may appear, and public liability insurance policies. Additionally, standard non-appropriation language, and indemnification language, shall be required.
5.1.7 Annual Reporting – The Applicant shall, for a period equal to the term of the Loan, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. This reporting period may be extended or reduced, as appropriate, by the Authority in its sole discretion. Each Applicant shall also submit an annual statutory report, as required pursuant to 29 Del.C. §5053(k), report to the Authority no later than June 30, during the term of the loan.
5.2 Grants: The Authority is empowered to make grants to Applicants (a “Grant”).
5.2.1 Grant proceeds can be used for, but are not limited to, working capital, renovation, construction, or any other type of improvements to roads, utilities and related infrastructure and public facilities, the acquisition of land, buildings, machinery and equipment, the expansion of an existing building, or the renovation of machinery, equipment, and buildings, and relocation expenses.
5.2.2 Recapture Provision – The Authority shall determine, in its sole discretion, those circumstances in which a Grantee must repay all or part of a Grant (“Recapture”). Such Recapture may include, but not be limited to, substantial or complete cessation of operations by the Applicant, or failure to reach employment or other benchmarks. The Recapture obligation shall be consistent with the Fund purposes, and should extend for the number of years necessary to realize the objectives of the Grant (“Recapture Period”).
5.2.3 Post-Grant Period – Annual Reporting – The Applicant shall, for a period equal to the Recapture Period of the Grant, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. This reporting period may be extended or reduced, as appropriate, by the Authority in its sole discretion. Each Applicant shall also submit an annual statutory report, as required pursuant to 29 Del.C. §5053(k), report to the Authority no later than June 30 of each of the term years of the loan.
5.3 Equity Investment: The Authority is empowered to purchase common or preferred stock, membership units, and/or convertible debt from an Applicant (“Equity Investment”).
5.3.1 Proceeds of an Equity Investment can be used for, but are not limited to, financing expenses (such as laboratory equipment), working capital, laboratory and office space, patent filings, or prototyping.
5.3.2 Post-Investment Period – Annual Reporting – The Applicant shall, for a period equal to the Investment, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. This reporting period may be extended or reduced, as appropriate, by the Authority in its sole discretion. Each Applicant shall also submit an annual statutory report, as required pursuant to 29 Del.C. §5053(k), report to the Authority no later than June 30 of each of the term years of the loan.
6.0 Application Procedure
6.1 Before submitting an Application, the Applicant should consult with DEDO to determine if the Project meets Fund eligibility.
6.2 Eligibility Standards
6.2.1 To be eligible for Assistance, a Project must serve a public purpose by maintaining or expanding employment in the State, by maintaining, attracting or diversifying business and industry in the State, and/or by maintaining or increasing its tax base. Also, the Applicant must be able to demonstrate to the satisfaction of the Authority that financial assistance from the State is necessary to effectuate the outcome of the Project.
6.2.2 The following projects do not qualify for Assistance:
6.2.2.1 Private speculative real estate ventures;
6.2.2.2 Projects which do not attract or retain employment opportunities;
6.2.2.3 Restaurants and professional office buildings;
6.2.2.4 Refinancing of existing debt; and,
6.2.2.5 Funding projects located outside the State.
6.3 Applications. Applicant shall submit a completed original Application concerning the Project to the Authority for review, together with the twelve (12) copies and the non-refundable Application Fee. All applications must be signed by persons authorized to bind the Applicant. Requests for confidential treatment for Applicant information may be made pursuant to The Policies and Procedures Regarding FOIA Procedures, 8 DE Admin. Code, Section 1500, Part 6.0.,http://regulations.delaware.gov/AdminCode/title8/1500.shtml#TopOfPage. No application will be reviewed by the Authority until it is complete to the satisfaction of the Authority. Applicants may obtain Application forms by contacting the Director of Capital Resources, Delaware Economic Development Office, 99 Kings Highway, Dover, DE 19901. Phone (302) 739-4271 / Fax (302) 739-5749, or through the Office’s website at http://dedo.delaware.gov/.
7.0 Evaluation Process
7.1 Upon determination that the Application is complete, DEDO will evaluate the Project based upon some or all of the following criteria:
7.1.1 Visitation to the Applicant's place of business, which may take place prior to the Application as a part of the meeting to determine eligibility.
7.1.2 Analysis of historical and projected financial statements and a comparison to industry peers.
7.1.3 An independent industry study (using source material such as RMA Annual Statement Studies), comparing the Applicant's projections to the study, and considering the short term and long term outlook for the industry.
7.1.4 Contact with the Applicant's customers to ascertain the quality of the product or service provided, the competitiveness of the pricing, reliability and timelines of delivery, length of the relationship, likelihood of the relationship being continued, and customer's opinions of the Applicant's management.
7.1.5 Contact with the Applicant's suppliers to ascertain the length of the relationship, the amount of credit extended, the amount of purchases, payment history, the likelihood of the relationship being continued, and possibly an opinion of Applicant's management.
7.1.6 Contact with the Applicant's bank(s) to ascertain credit history and obtain an opinion of the Applicant's management.
7.1.7 An analysis of collateral available to secure any requested financing as to the adequacy of amount, quality, condition and marketability.
7.1.8 Independent credit investigations of the Applicant and its principals, which may include judgment and lien searches.
7.1.9 Independent inquiries about the Applicant and its principals with other agencies of the State, other states, or the United States.
7.2 After completing the evaluation, a determination shall be made regarding the merits of the request, the adequacy of the collateral available to secure the requested financing, if applicable, and, if applicable, the likelihood of repayment.
7.3 If a positive determination is made, the requested financing will be presented to the Chairperson for preliminary approval.
8.0 Approval Process
8.1 Timing: DEDO shall use its reasonable best efforts to complete its review of the Application and to forward the Application to the Chairperson for preliminary approval or disapproval within sixty (60) days from the date it deems an Application complete.
8.2 Submission to Council: Upon preliminary approval by the Chairperson, an Application and an Applicant Evaluation Report shall be submitted to the Council for review, and the Council shall make a recommendation with respect to the Application to the Chairperson.
8.3 Final Approval and Findings: Upon recommendation by the Council, the Application shall be submitted to the Chairperson for consideration and final approval or disapproval. If approved, such approval shall be final (“Final Approval”). The Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
8.3.1 Employment Standard: The Authority will review information concerning the Applicant as submitted in an Application or as otherwise available to the Authority through independent investigation. As a condition precedent to making a Grant, the Authority shall determine that the Applicant intends to maintain and/or is capable of maintaining or providing gainful employment within the State. The standards to be considered by the Authority will include, but not be limited to, the number of permanent, quality, full-time jobs created or retained as a result of the Project, the wage scale applicable to persons to be employed as a result of the Project, the economic situation in the State at the time of filing of the Application, the effect of the Project on the tax base of the State or of the county or municipality in which the Project is to be located, and the expected impact that the Project will have on the development of new or expanded economic activity within the State.
8.3.2 Abandonment Standard: When applying the "employment standard" set forth in 8.3.1 above, the Authority shall take into consideration whether the Project will cause or result in unnecessary abandonment of an existing facility elsewhere in the State by the Applicant. The Authority, in its sole discretion, may disapprove a Grant in a Project involving relocation within the State if the relocation will result in a job loss and/or hardship for existing employees or abandonment.
8.3.3 Capability Standard; Adherence to Law: In determining whether the Project will assist in creating or retaining "direct, permanent, quality full-time jobs" in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any operator or principal user of the Project.
8.3.4 Business Standard: In making findings and determinations with respect the capital investment in a Project, the Authority will consider capital investment made and to be made in the proposed Project. If the Project involves an Agricultural Business or a Commercial Business, as those terms are defined in the Act, the Project must require a capital investment of at least ten thousand dollars ($10,000), which funds, including the amount of Grant will be available or expended on the date that the Authority provides such Grant. The term “capital investment” shall be applied in accordance with generally accepted accounting principles.
8.3.5 Finality; Change in Circumstances: Final Approval shall constitute official action on the part of the Authority demonstrating its intent to issue the approved Assistance. Final Approval may be withdrawn at any time prior to the disbursement of Assistance, if the Authority determines that (1) the Applicant's circumstances have changed adversely since the date of Final Approval or since completion of the Application, and such adverse change did not come to the Authority's attention prior to Final Approval or (2) the Application contained a statement that was materially false or failed to include information necessary to prevent the Application from being materially false.
8.4 Final Approval will be effective for a period not to exceed one (1) year from the last date of the Council meeting(s) to review the Project prior to such Final Approval, and all funds committed for a Project must be completely dispersed by the Authority within that time. The Authority, in its sole discretion, may make limitations or grant extensions with respect to this one-year period.
8.5 The Applicant shall be issued a term letter outlining the terms and conditions of the Final Approval. When the term letter has been accepted by the Applicant and returned to the Authority together with any required fees, and all required documentation is prepared in form and content satisfactory to the Authority, a closing is scheduled and financial assistance is made available to the Applicant.
9.0 Transition Grant Assistance
9.1 Authority: Grant funding pursuant to the Delaware Technical Innovation Program created pursuant to 29 Del.C. Sec. 5035, shall be administered by DEDO through the Strategic Fund, and these regulations shall be applicable to all applications for Small Business Innovation Research Program, (“SBIR Program”) and Small Business Technology Transfer Program, (“STTR Program”) , collectively ( “Transition Grant”).
9.2 Purpose: A Transition Grant permits an Applicant to maintain its staff and continue its research pending SBIR or STTR Program Phase II approval, which may take as long as nine months after the submission of an SBIR or STTR Program Phase II proposal. A Transition Grant may be used to help cover the salaries of personnel after completion of Phase I and before Phase II funds are available. In addition, a Transition Grant may be used to help defray expenses connected with scientific research, patent search and applications, strategic and business plan development, market research, product planning and product development. Capital equipment and construction or modifications of facilities are not covered.
9.3 Transition Grant Approval and Standards: The Authority shall make the findings and determinations required by 29 Del.C. §5055, and Section 10.2 herein with respect to the Applicant and the Project. The Authority shall make the following additional findings with regard to Transition Grant awards:
9.3.1 Applicant has certified that as of the date of application to DEDO for Transition Grant funding that Applicant: (i) has been granted an SBIR Program or STTR Program Phase I award; (ii) has a pending application to the appropriate federal agency for a SBIR Program or STTR Program Phase II grant; and (iii) has received no actual funding for Phase II funding.
9.3.2 Applicant’s principal place of business is in the State. In order to meet this standard, the Applicant shall demonstrate to the Authority that its Delaware operation is either its sole operation or its primary business location.
9.3.3 Applicant’s research will benefit the State economy. In order to meet this standard, the Applicant shall demonstrate to the Authority that the SBIR or STTR Project will maintain or provide gainful employment within the State. The Authority’s review will include, but will not be limited to, the wage scale applicable to persons to be employed as a result of the research project, the economic situation in the State, the impact of the project on the tax base of the State, and of the county or municipality in which the project is to be located, and the expected impact that the research project will have on the development of new economic activity within the State.
9.3.4 Applicant is a “small business” within the meaning of 29 Del.C. sec. 5035 (3). In order to meet this standard, an authorized officer or principal of the Applicant shall certify to the Authority that the Applicant maintains a full-time equivalent of not more than one hundred (100) employees.
9.4 SBIR Program and STTR Program Grant Limitations: The Authority may award a matching grant of up to a maximum of Fifty Thousand Dollars ($50,000) per application. The Authority may not award more than five (5) SBIR Grants to an Applicant within ten (10) years of the date of a completed application for SBIR Grant assistance. Additional Awards may be granted by the Authority upon a showing of good cause, but the Authority may, in its discretion, require repayment of such additional awards. An Award may be made, at the sole discretion of the Authority, in a lump sum or in installments. The specific conditions under which the Authority shall make an Award to an Applicant shall be set forth in a commitment letter between the Authority and the Applicant.
9.5 Post-Award Documentation: The following documentation shall be required of all Applicants receiving Awards:
9.5.1 The Applicant shall, for a period of five (5) years following the funding of a Grant, submit to the Authority, on an annual basis, financial statements in a form acceptable to the Authority, a progress report on the status of the Project, including, but not limited to, the number of permanent, quality, full-time jobs created or saved as a result of the Project and the wage scale applicable to such persons, any economic impact of the funding (such as sales, costs, etc.) and any other information required by the Authority. This reporting period may be extended or reduced, as appropriate, by the Authority in its sole discretion. Each Applicant shall also submit an annual statutory report, as required pursuant to 29 Del.C. §5053(k), report to the Authority no later than June 30 of each of the term years of the loan.
9.5.2 Notification of Phase II SBIR Program or STTR Program Phase II application grant results no more than ten (10) days after notice to Applicant that the SBIR Program or STTR Program Phase II Grant application is approved or denied.
10.0 Brownfield Assistance
10.1 Program Description.
10.1.1 The Authority is empowered to make financial assistance in the form of matching grants to Applicants for the costs of conducting environmental assessments and remediation at Certified Brownfield sites ("Brownfield Assistance").
10.1.2 The maximum amount of Brownfield Assistance by the Authority with respect to any single Certified Brownfield shall be the lesser of (a) one hundred thousand dollars ($100,000), or (b) fifty percent (50%) of the total costs of environmental assessment and remediation with respect to that Certified Brownfield (an "Eligible Project"). The Authority may, in its sole discretion, limit the amount of Brownfield Assistance for any Eligible Project to any amount less than one hundred thousand dollars ($100,000) or fifty percent (50%) of environmental assessment and remediation at the Eligible Project. The Authority may not award more than one million dollars ($1,000,000) of Brownfield Assistance, in aggregate, during any fiscal year of the State.
10.2 Eligibility Standards.
10.2.1 The following criteria will be used to determine eligibility for Brownfield Assistance:
10.2.1.1 The proposed investment should have the potential to serve a public purpose by maintaining or expanding employment in the State by maintaining, expanding, or diversifying business and industry in the State, and/or maintaining or increasing its tax base.
10.2.1.2 Since Brownfield Assistance is in the form of matching grants, the Applicant shall demonstrate to the satisfaction of the Authority that funds are available for environmental assessment and remediation expenses at the Eligible Project that will equal or exceed the amount of Brownfield Assistance requested.
10.2.1.3 Because Eligible Projects must be Certified Brownfields, the Applicant must submit with its Application the written certification of the Eligible Project as a Brownfield issued by the Secretary of the Department of Natural Resources and Environmental Control.
10.2.2 The following expenses or types of real property do not qualify for Brownfield Assistance:
10.2.2.1 Expenses for environmental assessment and remediation incurred prior to January 16, 2001.
10.2.2.2 Expenses for environmental assessment which are considered by the Authority, in its sole discretion, as normal and ordinary in the course of any financing or real estate transfer transaction or Phase One assessments.
10.2.2.3 Any site with respect to any portion of which enforcement action has been initiated under 7 Del.C. Ch. 63, Ch. 74 or §9101; 42 U.S.C. § 6901 et seq.; or 42 U.S.C. § 9606 or § 9607.
10.2.2.4 Sites which are owned by a governmental unit of the State.
10.2.2.5 Sites located outside the State.
10.3 Project Approval Standards.
10.3.1 Findings: As a precondition to approving Brownfield Assistance, the Authority shall make the findings and determinations required by 29 Del.C. §5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations:
10.3.1.1 Capability Standard; Adherence to Law: In determining whether the Project may assist in creating or retaining employment in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Eligible Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any proposed operator or principal user of the Eligible Project.
10.3.1.2 Operator and User Standard: An Applicant shall, if requested by the Authority or required in the Application, submit such information as is requested or required for each proposed operator or principal user of the Eligible Project. The Authority shall apply the same standards with respect to the operators and principal users of the Eligible Project as are applied to the Applicants, unless the Applicant establishes good reason to make the findings and determinations with respect to the Applicant alone.
10.3.2 Recapture Provision: The Authority shall determine, in its sole discretion, appropriate recapture provisions for each Applicant under which the Applicant may be required to repay some or all of the Brownfield Assistance granted under this section 10.
10.3.3 Post-Grant Period; Annual Reporting: Unless waived or amended by the Authority in its sole discretion, the Applicant shall, within ninety (90) days after completing the environmental assessment and/or remediation at the Eligible Project, submit to the Authority a written report setting forth the total costs for management and labor, equipment, sampling and analysis and the removal and disposal of hazardous waste or other materials at the Eligible Project.
5 DE Reg. 1141 (11/1/01)
451 Matching Grants Program
1.0 Program Description
1.1 The purpose of the program is to attract visitors to Delaware and to bring in overnight business to Delaware. The goal of the Matching Grants Program is to increase the visibility of Delaware's tourism product. Only not‑for‑profit entities are able to submit matching grants proposals. However, for profit businesses are allowed to participate in partnership programs submitted by not‑for‑profits. All packaging programs must include at least one hotel property in order to promote overnight business to Delaware. All projects must tie in to the State Marketing Plan.
1.2 The total amount available for matching grants is designated by the Delaware General Assembly in the operating budget. It is expected that there will be a number of Matching Grants Programs awarded. Four or more properties working together on a package will be able to receive a match of 2‑to‑1 instead of 1‑to‑1.
1.3 To be eligible, the applicant organization must have a marketing plan with a clear vision as to how to attract out‑of‑state visitors.
1.4 The grants are to be used for the marketing of tourism organizations, products, programs or areas.
1.5 Use of Matching Grants:
1.5.1 It is expected that the Matching Grant funds will be used to market the petitioning tourism organization or partnership of organizations to attract new visitors to the state of Delaware:
1.5.2 The same organization may apply for more than one Matching Grant
1.5.3 The purpose is to attract visitors to Delaware and to bring in overnight business. Therefore, advertising applicants must show a plan to advertise out of state.
6 DE Reg. 688 (11/1/02)
2.0 Matching Funds:
2.1 Matching funds are required. The organization's matching fund commitment is part of the application. The organization's matching fund commitment must be met for full payment of the grant. No other state grant funds may be used for the organization's match.
3.0 Award Determination:
3.1 It is expected that the organizations receiving awards will be selected by a panel composed of employees or members of the following:
3.1.1 Delaware Tourism Office
3.1.2 Governor's Tourism Advisory Board
3.1.3 House Tourism Committee
6 DE Reg. 688 (11/1/02)
4.0 Criteria:
4.1 Organizations must demonstrate that their vision supports the Delaware tourism industry's Five‑Year Strategic Plan and Marketing Plan. Awards will be based on the organization's ability to communicate a vision that the panel believes is possible and has the potential to increase tourism. There will be no attempt to balance the awards geographically, politically, or categorically.
5.0 Award Process
5.1 All complete applications that are received by the deadline will be forwarded to the awards panel for rating. The applications receiving the highest average rating will be scheduled to make an oral presentation to the panel. The awards will be announced a week later.
5.2 Grant Award Payments:
5.2.1 The payments will be paid upon proof of completion of the project and submission of invoices supporting the funds expenditures. To receive final payment, all organizations will need to complete all project completion requirements.
6.0 Eligibility
6.1 Not‑for‑profit tourism related businesses and organizations.
6.2 Submitting organizations must submit proof of not‑for‑profit status.
6.3 For‑profit tourism businesses may be part of programs submitted for grant programs; however, they must be a partner of a not‑for‑profit applicant organization and may not submit the application.
6.4 Only in‑state tourism entities may apply.
6.5 The applicant organization's main product or program must be intended to attract new visitors and overnight business.
6.6 Partnerships between four or more tourism entities are encouraged. Partnerships will receive a 2‑to‑1 dollar match instead of a 1‑to‑1 dollar match.
6 DE Reg. 688 (11/1/02)
7.0 Application Requirements
7.1 Incomplete applications will not be considered (see application for required attachments).
7.2 More than one application may be submitted per organization.
7.3 All completed applications must be received at the Delaware Tourism Office at 99 Kings Highway, Dover, DE 19901. Applications will not be accepted after the deadline or at any other location. Applications may not be submitted electronically, via fax or email.
7.4 It is the responsibility of the applicant to ensure that the application is complete and received prior to deadline.
7.5 If the creation of a package is a proposal for a Matching Grants Program grant, the package must include an accommodation.
7.6 All invoices must be received at the Delaware Tourism Office, 99 Kings Highway, Dover DE 19901.
6 DE Reg. 688 (11/1/02)
8.0 Matching Funds
8.1 All funds must be raised and collected prior to payment of the award.
8.2 No other state grant funds may be used for the organization's match.
8.3 Staff salaries, volunteer labor and in kind donations do not qualify as a match.
9.0 Grant Awards
9.1 Awards will be granted based on the merit of the program being submitted. The purpose of the Matching Grants Program is to attract new visitors and overnight business to Delaware. The goal of the Matching Grants Program is to increase the visibility of Delaware's tourism product. Four or more properties working together including at least one hotel, through a package will be able to receive a match of 2‑to‑1 instead of 1‑to‑1. Only not‑for‑profit entities are able to submit matching funds proposals. However, for‑profit businesses are allowed to participate in partnership programs submitted by not‑for‑profit organizations. All package programs must include at least one hotel property in order to promote overnight business to Delaware. All projects must tie in to the State Marketing Plan. There will be no attempt to balance the awards geographically, politically, or categorically.
10.0 Payments
10.1 Final payments may be requested after all project completion requirements have been met and proper documentation is submitted.
10.2 All invoices must be sent to the Delaware Tourism Office.
11.0 Use of Funds
11.1 Funds may not be used for:
11.1.1 General operating expenses including staff salaries.
11.1.2 Administrative expenses, including any commissions, fees or other expenses for administration of the project.
11.1.3 Food and beverages
11.1.4 Equipment purchase and rental
11.1.5 Business directories
11.1.6 Postage and office supplies
11.1.7 Meeting expenses
11.1.8 Anything contrary to state law.
11.1.9 Other restrictions on the use of the funds may be added at the time of the award based on the project definition.
12.0 Project Completion Requirements
12.1 At a minimum the following must be submitted for final payment:
12.1.1 Completed project report
12.1.2 Invoices
12.1.3 Marketing plan
12.1.4 The Delaware brand must be used as well as Delaware Tourism Office name, phone number and website address must appear on all created collateral
12.2 Other project completion requirements may be added at the time of the award based on project definition.
6 DE Reg. 688 (11/1/02)
13.0 Applicant Information
13.1 Applicants shall fill out the Matching Grants Program Applicant Information Sheet as prescribed by the Delaware Tourism Office. The Applicant Information is available at: 99 Kings Highway, Dover, DE 19901.
452 Direct Grants Program
1.0 Program Description
1.1 The purpose of the program is to attract visitors to Delaware and to bring in overnight business to Delaware. The goal of the Direct Grant Program is to increase the visibility of Delaware's tourism product. Only not‑for‑profit tourism entities with a marketing budget of $15,000 or less are eligible for Direct Grants. All projects must tie in to the State Marketing Plan.
1.2 The total amount available for Direct Grants is designated by the General Assembly in the operating budget. It is expected that there will be a number of direct grant programs awarded.
1.3 To be eligible, organizations must have a marketing plan with a clear vision as to how to attract out‑of‑state visitors.
1.4 The grants are to be used for the marketing of tourism organizations, products, programs or areas.
1.5 Use of Direct Grants:
1.5.1 It is expected that the Direct Grant funds will be used to actively market the petitioning tourism organization or partnership of organizations to attract new visitors to the state of Delaware.
1.5.2 The same organization may apply for more than one Direct Grant.
6 DE Reg. 685 (11/1/02)
2.0 Award Determination:
2.1 It is expected that the organizations receiving awards will be selected by a panel composed of employees or members of the following:
2.1.1 Delaware Tourism Office
2.1.2 Governor’s Tourism Advisory Board
2.1.3 House Tourism Committee
6 DE Reg. 685 (11/1/02)
3.0 Criteria:
3.1 Organizations must demonstrate that their vision supports one or more of the attract goals of the Delaware tourism industry’s Five‑Year Strategic Plan and Marketing Plan. Awards will be based on the organization’s ability to communicate a vision that the panel believes is possible and has the potential to increase tourism. The program must support the Delaware Tourism Office Marketing Plan. DTO brand must appear on all created collateral. There will be no attempt to balance the awards geographically, politically, or categorically.
4.0 Award Process
4.1 All complete applications that are received by the deadline will be forwarded to the awards panel for rating. The applications receiving the highest average rating will be scheduled to make an oral presentation to the panel. Awards will be announced the following week.
4.2 Direct Grant Award Payments:
4.2.1 Payments will be paid upon proof of completion of the project and submission of invoices supporting the funds expenditures. All requirements and criteria of the program need to be met.
5.0 Eligibility
5.1 Not‑for‑profit tourism related businesses and organizations.
5.2 Submitting organizations must submit proof of not‑for‑profit status and the organization’s complete operating budget.
5.3 Only in‑state tourism entities may apply
5.4 The organization’s main product or program must fit into the Industry’s Five‑Year Strategic Plan.
6 DE Reg. 685 (11/1/02)
6.0 Application Requirements
6.1 Incomplete applications will not be considered (see application for required attachments).
6.2 More than one application may be submitted per organization.
6.3 All completed applications must sent to the Delaware Tourism Office at 99 Kings Highway, Dover, DE 19901. Applications will not be accepted after the deadline or at any other location.
6.4 It is the responsibility of the applicant to ensure that the application is complete and received prior to deadline.
7.0 Grant Awards
7.1 Awards will be granted based on the merit of the program being submitted. The purpose of the Direct Grant Program is to attract new visitors and overnight business to Delaware. The goal of the Direct Grant Program is to increase the visibility of Delaware’s tourism product. Only not‑for‑profit entities with a marketing budget of $15,000 or less are able to submit direct grant proposals. All projects must tie in to the State Marketing Plan. There will be no attempt to balance the awards geographically, politically, or categorically.
6 DE Reg. 685 (11/1/02)
8.0 Payments
8.1 Final payments may be requested after all project completion requirements have been met and proper documentation is submitted.
8.2 All invoices must be submitted to the Delaware Tourism Office.
9.0 Use of Funds
9.1 Funds may not be used for:
9.1.1 General operating expenses including staff salaries.
9.1.2 Administrative expenses, including any commissions, fees or other expenses for administration of the project.
9.1.3 Food and beverages
9.1.4 Equipment purchase and rental
9.1.5 Business directories
9.1.6 Postage and office supplies
9.1.7 Meeting expenses
9.1.8 Anything contrary to state law.
9.1.9 Other restrictions on the use of the funds may be added at the time of the award based on the project definition.
10.0 Project Completion Requirements
10.1 At a minimum the following must be submitted for final payment:
10.1.1 Completed project report
10.1.2 Invoices must be submitted.
10.1.3 Marketing plan
10.1.4 The Delaware brand must be used as well as Delaware Tourism Office name, phone number and website address must appear on all created collateral
10.2 Other project completion requirements may be added at the time of the award based on project definition.
6 DE Reg. 685 (11/1/02)
11.0 Applicant Information
11.1 Applicants shall fill out the Direct Grant Program Applicant Information Sheet as prescribed by the Delaware Tourism Office. The Applicant Information is available at 99 Kings Highway, Dover, DE 19901.
5 DE Reg. 1312 (12/1/01)
453 Co-Op Advertising Program
1.0 Co‑Op Advertising Program Description
1.1 The purpose of the program is to attract overnight visitors to Delaware through increased visibility of Delaware's tourism product and the creation of a Delaware image.
1.2 The goal of the program is to allow tourism industry partners to participate in the Delaware Tourism Office's advertising campaign.
6 DE Reg. 683 (11/1/02)
2.0 Participation
2.1 The Delaware Tourism Office will participate in co‑op advertising and will fund a portion of the cost of the placement.
2.2 Equal shares will be made available to Delaware tourism industry partners.
2.3 Participating for‑profit organizations will be responsible for all the funds for any share purchased. Participating not‑for‑profit organizations will be eligible to receive one half of the funds for any share purchased from Matching Grant Funds.
6 DE Reg. 683 (11/1/02)
3.0 Co‑Op Advertising Matching Grant Funds
3.1 Co‑Op Advertising Matching Grant Funds Description
3.1.1 The total amount available for matching grants is designated by the general assembly in the operating budget. It is expected that there will be a number of programs available using the matching grant funds, one of which will be co‑op advertising.
3.1.2 The grants are to be used to place advertising outside of the state of Delaware to attract overnight visitors to Delaware.
3.1.3 One half of the cost of participation in the co‑op advertisement will be paid from matching grant funds for not‑for‑profit organizations.
3.1.4 The same organization may apply to participate in more than one co‑op advertisement.
3.2 Eligibility for Matching Grants for Co‑Op Advertising
3.2.1 Not‑for‑profit tourism related businesses and organizations.
3.2.2 Only in‑state tourism entities may apply.
3.2.3 The organization's main product or program must be intended to attract new visitors and overnight business.
3.3 Matching Grant Awards
3.3.1 There will be no attempt to balance the awards geographically, politically, or categorically.
6 DE Reg. 683 (11/1/02)
4.0 Source of Matching Funds
4.1 Matching funds are required for not‑for‑profit tourism related business. The organization's matching fund commitment is part of the application.
4.2 No other state grant funds may be used for the organization's match.
5.0 Application Requirements
5.1 Applicants shall fill out the Co‑Op Advertising Program application as prescribed by the Delaware Tourism Office. The application is available at 99 Kings Highway, Dover, DE 19901.
5.2 Incomplete applications will not be considered.
5.3 More than one application may be submitted per organization.
5.4 All completed applications must be received at the Delaware Tourism Office at 99 Kings Highway, Dover, DE 19901. Applications will not be accepted after the deadline or at any other location. Applications may be submitted electronically, via fax or email.
5.5 Is is the responsibility of the applicant to ensure that the application is complete and received prior to deadline.
6 DE Reg. 683 (11/1/02)
6.0 Determination of Participation in Co‑Op Advertising
6.1 DTO personnel will select the organizations for each co‑op advertisement placed from the eligible applications.
7.0 Process
7.1 All completed applications that are received by the deadline will be reviewed, and selections will be announced one week later.
7.2 Payments
7.2.1 Participating organizations will pay DTO their share within 60 days of their selection. There will be no funds paid from DTO to the applicant. DTO will combine the funds from all sources into a single payment to the advertiser.
454 Procedures Governing Delaware Tourism Grant Program
1.0 Definitions
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
Application” means an application submitted to DTO on such form or forms, together with all relevant attachments, that DTO may in its sole discretion, require in connection with administration of the Grant.
Applicant” means any person, including individuals, firms, partnerships, associations, societies, trusts, public or private corporations, not for profit corporations or other legal entities, including public or governmental bodies as well as natural persons for which a Project is undertaken or proposed to be undertaken.
Advertising” means, including but not limited to, any and all advertisements in brochures, newspapers, magazines and television commercials.
Branded Annual Campaign” means the plan designated by DTO as its current marketing campaign.
DEDO” means the Delaware Economic Development Office.
Direct Grant” shall have the meaning ascribed to such term in 9.0 hereof.
Director” means the Director of DEDO.
DTO” means the Delaware Tourism Office, a division of DEDO.
Final Approval” means the final approval of an Application by the Director or the Tourism Director in accordance with 29 Del.C. §5005(10).
Grant” means a Direct or Matching Grant.
GRC” means the Grant Review Committee consisting of representatives from DTO, the TAB, the Governor’s Tourism Advisory Board and/or the Tourism House Committee of the General Assembly of the State.
Matching Grant” shall have the meaning ascribed to such term in 10.0 hereof.
PAT” means Public Accommodation Tax pursuant to Chapter 61 of Title 30 of the Delaware Code.
Project or Projects” means any activity which is designed to enhance or promote the State as a destination for tourists and other travelers.
Promotional Material” means, including but not limited to, any and all maps, brochures, travel guides, websites or online marketing created (both printed and electronic) for the Project.
State” means the State of Delaware.
TAB” means the Tourism Advisory Board created by 29 Del.C. §5008.
Tourism Director” means the director of DTO.
2.0 Enabling Legislation
2.1 Pursuant to 29 Del.C. §5003, DEDO was established. Pursuant to 29 Del.C. §5008 the TAB was established. DEDO has authority to make regulations pursuant to 29 Del.C. §5005(11).
3.0 Purpose
3.1 The purpose of this Regulation is to establish criteria for the administration of the Direct and Matching Grants. The Regulations contain procedures governing the process for applying to DTO for economic assistance under the Direct and Matching Grants, pre-closing and post-closing procedures and criteria for the approval or disapproval of an Application.
4.0 Grant Terms
4.1 Length of Term. Funded Grant Projects shall have a maturity of no more than two (2) years.
4.2 Payments. The Direct and Matching Grant programs are reimbursement programs. The initial payment will be made based on the awarded amount and length of Grant term. Further payments will be paid upon timely receipt of required reports, proof of completion of the Project to date and submission of invoices supporting the expenditure of the funds appropriated. To receive final payment the Project must be completed.
4.3 Reporting. Final and quarterly reports, as required by DTO, must be submitted to DTO starting immediately after the effective date of signed Grant agreement. These reports will be required until the Project is completed. Reports will be submitted along with copies of invoices, copies of checks for payment to invoices along with copies of checks for such invoices.
4.4 Repayment. Clawback Provision - DTO shall determine, in its sole discretion, appropriate clawback provisions for each Applicant under which the Applicant may be required to repay some or all of the Grant funds.
5.0 Non-Use Of Funds
5.1 Based on the Project, other restrictions on the use of the funds may be added at the time of the award.
5.2 Funds may not be used for general operating expenses, including staff salaries, overhead or personnel expenses.
5.3 Funds may not be used for administrative expenses, including any commissions, fees or other expenses for administration of the Project.
5.4 Funds may not be used for food and beverages.
5.5 Funds may not be used for equipment purchase or rental unless it is specifically related to the project.
5.6 Funds may not be used for business directories.
5.7 Funds may not be used for postage, shipping and office supplies.
5.8 Funds may not be used for meeting expenses.
5.9 Funds may not be used for website domain registration or hosting.
5.10 Funds may not be used for any purpose in violation of Federal, State or local law.
6.0 Application Procedure
6.1 Before submitting an Application, it is recommended that the Applicant consult with DTO to determine if the Project is eligible for consideration.
6.2 Applicants forms may obtained by downloading it from our website http://dedo.delaware.gov or by contacting the Delaware Tourism Office, 99 Kings Highway, Dover, DE 19901. Phone (302) 739-4271.
6.3 Direct or Matching applications must be delivered or mailed to the Delaware Tourism Office, 99 Kings Highway, Dover, DE 19901. Faxed or emailed applications will not be accepted.
7.0 Application Requirements
7.1 All Grant Applications must be completed on the required forms together with all relevant attachments, that DTO may in its sole discretion require. Incomplete Applications will not be considered.
7.2 Submit four (4) complete copies of each Grant.
7.3 Additional Application requirements for Direct and Matching Performance Grants are listed in 9.0 and 10.0 hereof.
7.4 Applications must include a completed marketing plan and budget for the Project.
7.5 Applications must include an out of state distribution plan for the Project.
8.0 Award Process
8.1 When an Application is complete to the satisfaction of DTO, DTO will evaluate the Project.
8.2 After completing the evaluation, a determination shall be made by the GRC regarding the merits of the request.
8.3 The GRC shall use its reasonable best efforts to complete the award process based on the schedule set up by DTO.
8.4 Criteria
8.4.1 The Applicant must demonstrate their Project supports the Branded Annual Campaign. Awards will be based on the Applicant’s ability to communicate a plan that the GRC believes is possible and has the potential to increase the value of tourism within the State.
8.4.2 The Project must be directed toward attracting new or retaining out-of-state visitors and overnight business. A tracking mechanism must be in place to measure the return on investment for visitation or overnight stays.
8.5 At the sole discretion of the DTO, it may be necessary for the grant applicants to make an oral presentation to the GRC.
8.6 Upon recommendation by the GRC, the Application shall be submitted for Final Approval or disapproval.
8.7 Final Approval shall constitute official action on the part of DTO demonstrating its intent to authorize the issuance of the requested financial assistance. Final Approval will be binding on DTO provided, however, that DTO may withdraw Final Approval at any time prior to disbursement of financial assistance, if it determines that (1) the Applicant’s circumstances have changed adversely since the date of Final Approval or since completion of the Application, if such adverse change did not come to DTO’s attention prior to Final Approval or (2) the Application contained a statement that was materially false or failed to include information necessary to prevent the Application from being materially false.
8.8 Final Approval will be effective for a period not to exceed two (2) year, and all funds committed for a Project must be completely dispersed by the DTO within that time. DTO, in its sole discretion, may make limitations or grant extensions with respect to this three-year period.
8.9 The Applicant shall be issued a commitment letter outlining the terms and conditions of the Final Approval. When the commitment letter has been accepted by the Applicant and returned to DTO, and all required documentation is prepared in form and content satisfactory to DTO, a closing is scheduled and financial assistance is made available to the Applicant.
9.0 Direct Grant Program
9.1 Program Description
9.1.1 The purpose of this Grant is to attract visitors to the State and to bring in overnight business which contributes to PAT. The goal of the program is to increase the value and visibility of the State’s tourism product. All Projects must support the Branded Annual Campaign.
9.2 Eligibility Standards
9.2.1 To be eligible, Applicants must have a marketing plan and budget plan including the incorporation of the Branded Annual Campaign.
9.2.2 Only Applicant’s licensed to do business in the State may apply. Out of state entries are eligible, however the Direct Grant recipient must be a tourism entity located within the State.
9.2.3 The same Applicant may apply for more than one Direct Grant however, not for the same Project or while there is an awarded Grant for the same Project still active.
9.2.4 The same Applicant may not apply for a Direct and Matching Grant for the same Project at the same time.
9.2.5 Applicants may not apply for a Direct Grant if Grant requirements were not met in the previous fiscal years.
9.3 Application Categories:
9.3.1 Promotional Materials or Advertising.
9.3.2 Photography and Video Production, including but not limited to, CD’s, DVD’s or television commercials.
9.4 Direct Grant Requirements
9.4.1 The Project must be directed toward attracting new out-of state visitors and overnight business. A tracking mechanism must be in place to measure the return on investment for visitation or overnight stays.
9.4.2 “Funded in part by the Delaware Tourism Office”, DTO’s web site address, phone number and logo must appear on all Promotional Materials and Advertising.
9.4.3 The Project must target one of the niche markets that have been identified in the Branded Annual Campaign.
10.0 Matching Grant Program
10.1 Program Description
10.1.1 The purpose of this program is to attract visitors to the State and to bring in overnight business which contributes to PAT. The goal of the program is to increase the value and visibility of the State’s tourism product. All Projects must include at least one lodging taxpaying property in order to promote overnight business to the State. All Projects must support the Branded Annual Campaign.
10.2 Eligibility Standards
10.2.1 To be eligible, Applicants must have a marketing plan and budget plan including the incorporation of the Branded Annual Campaign.
10.2.2 Only Applicant’s licensed to do business in the State may apply. Out of state entries are eligible, however the Matching Grant recipient must a tourism entity located within the State.
10.2.3 The same Applicant may apply for more than one Matching Grant however, not for the same Project or while there is an awarded Grant for the same Project still active.
10.2.4 The same Applicant may not apply for a Matching and Direct Grant for the same Project at the same time.
10.2.5 Applicants may not apply for a Matching Grant if Grant requirements were not met in the previous fiscal years.
10.2.6 Grant recipients may not receive Grant funds for the same Project more than twice or while there is a “current” Grant is for the same Project.
10.3 Application Categories
10.3.1 Promotional Materials or Advertising.
10.2.2 Collaboration of tourism partners to enhance individual product offerings by bundling.
10.3.3 Agreement between two or more organizations in which each agrees to furnish financial or in-kind support for a Project.
10.3.4 Tourism infrastructure, including but not limited to, signage, welcome centers, transportation services and seasonal guest transportation.
10.3.5 Tourism product development, including but not limited to, sports/special event development, new tourism businesses and enhancing existing tourism product offerings.
10.4 Matching Grant Requirements
10.4.1 The Project must be directed toward attracting new out-of state visitors and overnight business.
10.4.2 Matching funds are required.
10.4.3 The Applicant’s matching fund commitment is part of the Application and commitment figures must be listed on the Application.
10.4.4 The Applicant’s matching fund commitment must be met for full payment of the Grant.
10.4.5 No other State Grant funds may be used for the Applicant’s match.
10.4.6 A tracking mechanism must be in place to measure the return on investment for visitation or overnight stays.
10.4.7 “Funded in part by the Delaware Tourism Office”, DTO’s web site address, phone number and logo must appear on all Promotional Materials and Advertising.
10.4.8 The Project must target one of the niche markets that have been identified in the Branded Annual Campaign.
11.0 Capability Standard; Adherence to Law
In determining whether the Project will attract visitors to the State, bring in overnight business to the State and increase the value and visibility of the State’s tourism product., the Applicant shall demonstrate to DTO that the Applicant has the capability to operate and maintain such Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant’s Application. In this regard, DTO may, in its sole discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, DTO, in its sole discretion, may decline to consider the Application. If requested by DTO, similar proof shall be obtained from any operator or principal user of the Project.
12 DE Reg. 978 (01/01/09)
16 DE Reg. 662 (12/01/12) (Final)