                                 CODE OF VIRGINIA

CONTRACTUAL OBLIGATIONS OF ENTITIES RECEIVING GRANTS OR LOANS FROM THE FUND (§
3.2-306)

A. Notwithstanding any provision in this chapter or in the guidelines
established pursuant to &#xA7; 3.2-305, each political subdivision that receives
a grant or loan from the Fund shall enter into a contract with each business
beneficiary of moneys from the Fund. A person or entity shall be a business
beneficiary of funds from the Fund if grant or loan moneys awarded from the Fund
by the Governor are paid to a political subdivision and (i) subsequently
distributed by the political subdivision to the person or entity or (ii) used by
the political subdivision for the benefit of the person or entity but never
distributed to the person or entity.

B. The contract between the political subdivision and the business beneficiary
shall provide in detail (i) the fair market value of all funds that the
Commonwealth has committed to provide, (ii) the fair market value of all
matching funds (or in-kind match) that the political subdivision has agreed to
provide, (iii) how funds committed by the Commonwealth, including funds from the
Fund committed by the Governor, and funds that the political subdivision has
agreed to provide are to be spent, (iv) the minimum private investment to be
made and the number of new jobs projected to be created by the business
beneficiary, (v) the minimum percentage of Virginia-grown or produced
agricultural or forestal products to be purchased by the business beneficiary,
(vi) the average wage (excluding fringe benefits) projected to be paid in the
new jobs, (vii) the prevailing average wage, and (viii) the formula, means, or
processes agreed to be used for measuring compliance with the minimum private
investment and new jobs projections, including consideration of any layoffs
instituted by the business beneficiary over the course of the period covered by
the contract.

C. The contract shall state the date by which the agreed-upon private investment
and minimum purchases of Virginia-grown agricultural and forestal products shall
be met by the business beneficiary of moneys from the Fund and may provide for
the political subdivision to grant up to a 15-month extension of such date if
deemed appropriate by the political subdivision subsequent to the execution of
the contract. Any extension of such date granted by the political subdivision
shall be in writing and promptly delivered to the business beneficiary, and the
political subdivision shall simultaneously provide a copy of the extension to
the Secretary of Agriculture and Forestry.

D. The contract shall provide that if the private investment and minimum
purchase requirements are not met by the expiration of the date stipulated in
the contract, including any extension granted by the political subdivision, the
business beneficiary shall be liable to the political subdivision for repayment
of a portion of the funds provided under the contract. The contract shall
include a formula for purposes of determining the portion of such funds to be
repaid. The formula shall, in part, be based upon the fair market value of all
funds that have been provided by the Commonwealth and the political subdivision
and the extent to which the business beneficiary has met the private investment
and minimum purchase requirements. Any such funds repaid to the political
subdivision that relate to the award from the Fund shall promptly be paid by the
political subdivision to the Commonwealth by payment remitted to the State
Treasurer. Upon receipt by the State Treasurer of such payment, the Comptroller
shall deposit the repaid funds into the Fund.
			The contract shall be amended to reflect changes in the funds committed by
the Commonwealth or agreed to be provided by the political subdivision.

HISTORY: 2012, cc. 466, 622.