CCR1991109COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #log-91
APPROVAL OF REVOLVING LOAN FUND (RLF) PLAN
WHEREAS, the City of Muskego is participating in the Wisconsin
Development Fund (WDF) Loan Program, and
WHEREAS, the Wisconsin Department of Development requests that
the City of Muskego adopt a Revolving Loan Fund (RLF) Plan, and
WHEREAS, the Finance Committee has reviewed the attached Plan
and has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council Of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the Revolving Loan Fund (RLF)
Plan, as attached.
DATED THIS 14TH DAY OF MAY , 1991.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Durnke
Ald. Harold L. Sanders
ATTEST :
City Clerk
5/91cac
5/10/91
REVOLVING LOAN FUND (RLF) PLAN
CITY OF MUSKEG0
In February 1990, the Wisconsin Department of Development (DOD) awarded the
Introduction
City of Muskego a $330.000 Wisconsin Development Fund (WDF) grant, that, in
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turn, was loaned to the Delta Group, Inc , for a business start-up project in
the City The City and the Delta Group entered into an agreement on April 16,
1990, that provided for the repayment of the business loan over a term of
payment is due on November 1, 1990 Repayments on the Delta Group WDF loan,
fifteen years. The loan term began on October 1, 1990, and the first loan
as well as repayments on any future WDF loans, will be used to establish a
low-interest revolving loan fund (RLF) that will be available to local bus-
loans from the RLF.
inesses The purpose of this plan is to set forth the criteria for future
Purpose of the RLF
The RLF has been established to create emDlovment omortunities and increase
local incomes through the retention and expansion of existing, and the devel-
opment of new, businesses in the City. The RLF program includes interest
while providing for the recapitalization and growth of the RLF
rates and loan maturities that are designed to encourage business development,
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Eligible Applicants
Eligible applicants for the RLF will be business establishments that are
located in -;he City or will locate in the City as a result of an RLF loan and
cannot access the financing necessary for the start-up or expansion project
through conventional sources
Administration of the RLF
The Citv of'Muskeeo acceots full resoonsibilitv for the amrouriate administ- -
ration of the RLF program, and has designated the City Treasurer and/or Deputy
City Clerk as responsible for day-to-day administration of the program.
Funding decisions relative to RLF loans will be made by the City of Muskego
Common Council based upon a recommendation by the City of Muskego Finance
Committee. The City will establish a separate checking/savings account in
November 1990, and reserve its use solely for the RLF program, On an annual
basis, up to 15 percent of the RLF will be made available for administrative
expenses incurred in the maintenance of the RLF
.. .
Availability of Funds
The Finance Committee, on a semi-annual basis, will determine whether a
sufficient amount of funds are available in the RLF to accept applications for
new business loans A minimum of $25,000 must be available in the RLF In
determination on the availability of funds, the Finance Committee will deter-
order for the Finance Committee to accept new applications Following a
mine the best methods for advertising the availability of the funds to the
business community *
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Application Procedures
Businesses that are interested in applying for an RLF loan should submit an
application, along with supporting documentation, to the Deputy City Clerk,
W182 S8200 Racine Avenue, P 0, Box 903, Muskego, Wisconsin 53150 A copy of
the RLF application and a list of the supporting documentation that is needed
for each RLF application are included as Attachment A to this plan, Following
the submittal of the application, the City staff will examine the application
and supporting documentation for completeness and make a determination within
20 working days on whether or not the proposed project conforms with RLF stan-
dards and policies as set forth in this plan.
Once the City staff has completed its review of the application, the applicant
business will be informed of any deficiencies, and requested to amend the
application, if necessary. Upon receipt of a completed application, the
application will be forwarded to the Finance Committee for consideration
together with a staff funding recommendation. The Finance Committee will
Council.
consider the application and make a funding recommendation to the Common
RLF Standards and Policies
The following standards and policies will be utilized in the RLF program:
Cost Per Job, A minimum of one full-time equivalent (FTE) job must be
created and/or retained for each $20,000 of RLF investment
Low- and Moderate-Income Requirement, At least 60 percent of the FTE jobs
moderate-income (LMI) persons as defined in Attachment B
that will be created or retained must be filled or held by low- and
Recruitment: Businesses participating in the RLF program will be required
to enter into an agreement with the Wisconsin Job Service and/or the
local Private Industry Council to recruit MI persons for the jobs to be
created as a result of the loan.
will be required for each dollar of RLF investment In addition, for
Private Sector Leverage Ratio: One dollar of private sector investment
each dollar of RLF working capital funds the recipient business will be
required to provide one dollar of private sector working capical funds
Private sector investment is defined as financing from a private lending
institution, public sector business loan programs other than the WDF
program, or new equity that is injected into the business as a part of
the expansion project
Eligible Activities, Activities eligible for funding through this program
include
b) building acquisition;
a) land acquisition;
d) building rehabilitation or renovation;
c) building construction, including site preparation and demolition;
e) machinery and equipment acquisition, with a depreciable life of at
least seven years;
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f) leasehold improvements, where the lease period is for the term of
g) working capital (direct labor and inventory only); and
h) buyouts by purchase of assets or stock,
the RLF loan or five years, whichever is less;
6 Loan Size: A minimum loan size of $25,000 and a maximum loan size of
$400,000 for each individual borrower.
7. Standard Terms Standard terms for RLF loans will be as follows
a) machinery and equipment--2 to 10 years,
b) buildings and land--up to 10 years; and
c) working capital--1 to 7 years.
The specific term for an individual borrower will be based on the useful
life of the asset, as well as the terms offered by the private sector
financial institution participating in the project However, the Finance
Committee retains the right to adjust individual loan terms in order to
facilitate a successful RLF project
8. Interest Rate, The rate of interest may range from a minimum of 4 percent
to a maximum of the "market" rate (defined as the prime rate of inter-
est--as published in the Midwest Edition of the Wall Street Journal--plus
will only be provided if the earnings before tax is below the industry 2 percent). However, any reduction in interest below the market rate
average as evidenced by the applicant's financial projections. At such
time as the projected earnings before tax exceeds the industry average,
the interest rate will increase to the market rate for the balance of the
loan term. The interest rate will be fixed for the entire term of the
loan at the time a loan agreement is signed with the City
9 Deferral of Principal and Interest. The RLF program has the option of
deferring principal and interest payments during the first two years of
However, the deferral of principal and interest payments will only be
the loan term upon demonstration of need by the recipient business
used when a firm's financial projections demonstrate that a deferral is
required for the firm to be competitive within ics industry Interest
will accrue during the deferral period and may be paid in one lump sum at
the end of the deferral period or added to the principal of the loan and
amortized over the remaining term of the loan.
10 Equity Requirements: The RLF program may require an equity injection for
viduals that have made substantial equity commitments to the applicant
each RLF loan, when appropriate Consideration will be given for indi-
business, as well as to individuals who do not have sufficient financial
resources to contribute to the RLF project.
11. Collateral Requirements. The collateral requirements will be determined
on an individual basis by the Finance Committee and the Common Council
and may include mortgages on land and buildings, liens on machinery and
equipment, and liens on accounts receivable and inventory This collat-
eral may be subordinated to private sector financial institutions
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12
13
14
15
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participating in the RLF project, if required. Personal guarantees from
the principals of the business will be required. In addition, key-person
life insurance coverage naming the City as a beneficiary, with a declin-
all corporate assets may be used where appropriate
ing balance equal to the outstanding loan balance, and junior liens on
Finally, businesses receiving loans for fixed assets will be required to
obtain liability insurance for the appraised value of the property being
financed, and have the City of Muskego listed as an additional insured on
the insurance policy
General Policies for Restructuring RLF Loans: RLF loans may be restruc-
tured when restructuring will improve the borrower's ability to repay the
RLF loan, as long as the business is financially viable as evidenced
owner(s) of the business to determine the need for restructuring, and, if through a business credit analysis. The City staff will work with the
appropriate, the Finance Committee and the Common Council may restructure
the RLF loan to improve cash flow within the business Restructuring can
include deferring principal and interest payments, adjusting the rate of
interest, or providing additional working capital
Coordination with SBA 504 Program: When a loan package includes both
U S Small Business Administration (SBA) 504 and RLF participation, the
funds that will be provided by these two programs will not exceed 50
percent of the total project costs
Loan Application Fee: The City will require a loan application fee of
$250 to be paid at the time of loan application The loan application
fees will be identified as WDF program income and deposited in the RLF
account These funds will then be used to pay for administrative costs
associated with the RLF program,
Loan Origination Fees: The City will require a loan origination fee equal
to 1 percent of the loan amount plus payment of the City's attorney fees
for the RLF loan closing, not to exceed $2,000 per loan. The fees may be
added to the principal amount of the loan and paid with RLF funds All
loan origination fees, including attorney's fees, will be identified as
WDF program income and deposited in the RLF account These funds will
then be used to pay for administrative costs associated with the RLF
program,
Availability of Funds; In those instances where the number of requests
for RLF funds exceeds available funding, RLF applications will be priori-
tized based upon the date of receipt of all requested application materi-
private sector leverage that is included in the project. When feasible,
als, the number of jobs to be created and/or retained, and the amount of
the amount of RLF funds contributed to each project will be reduced in
order to facilitate as many RLF loan requests as possible
Program Requirements
The following program requirements will apply to all projects that are ap-
proved for funding:
1 Loan Agreement: RLF loan recipients will be required to enter into a loan
agreement with the City of Muskego
2 Labor Standards: All activicies subjecc to federal labor standards will
comply with requirements regarding prevailing wage rates, payroll re-
cords, permissible payroll deductions, and overtime pay
3 Job Creation and Retention; Recipient businesses will be required to
create all new jobs within 18 months of the signing of the RLF loan
agreement and to retain all existing jobs immediately following the
signing of the RLF loan agreement. All jobs created and/or retained must
be maintained for a minimum of 12 months
4 Penalty for the Failure to Create or Retain Jobs: For each job that .is
not created or retained and for each LMI job that is not created and or
retained during the specified time period as described above, the inter-
est rate of the loan may be increased, retroactive to the date of the
loan agreement, proportionately with respect to the total number of jobs
that were to 'be created or retained, with the upper limit of the interest
agreement was signed plus 2 percent. Interest penalties may be paid in
rate increase equal to the prime rate of interest at the time the loan
one lump sum or added to the principal of the RLF loan and amortized over
the remaining term of the loan,
5 Records. Loan recipients will maintain those records that are necessary
for the City to determine if the performance of the business complies
with the terms of the loan agreement The records will include, but may
not be limited to, purchase orders, invoices, records of payments,
cancelled checks, and payroll records for new or retained employees that
are a part of the project The City will have access to all records
pertinenc to the project for the purposes of examination and transcrip-
t ion,
6 Nondiscrimination: Recipient businesses will not discriminate against any
employee or applicant for employment on the basis of race, color, reli-
gion, sex, national origin, age, or handicap
7 Environmental Review: Recipient businesses will comply with all state and
and the City will, when necessary, conduct an environmental review of the
federal environmental regulations regarding the use of RLF loan funds,
proposed project to determine compliance with these regulations
8. Progress Reports, Loan recipients will be required to submit semi-annual
progress reports during the outstanding term of the loan that includes:
business plan; and 3) financial statements for the preceding six months
1) a description of current and projected employment; 2) an updated
The City will also make annual on-site inspections The City staff will
progress reports to the Wisconsin DOD.
submit semi-annual progress reports to the Common Council and annual
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RLF Plan Amendments
This RLF ulan may be amended to meet the chaneine conditions or the future ..
needs of the City of Muskego only through a written agreement between the City
and the Wisconsin DOD
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Attachment A
CITY OF MUSKEGO
Revolving Loan Fund Application
1 Business Name
Address
Contact Person:
Telephone No. ;
2 Brief Project Description:
3 Source and Use of Funds
a) Land Purchase
b) Building Purchase .
c) Building Construction .
d) Building Renovation . .
e) Machinery & Equipment
f) Working Capital ..
TOTAL PROJECT COSTS
4. RLF Assistance Requested
a) Loan Amount ........ .
b) Interest Rate (percent)
c) Loan Term (years) . ...
RLF
Financing
$
$
$
$
$
$
Debt
Financing
$
$
$
$
$
$
Equity
Financing
$
$
Total
$
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8 5. Source of Private Debt Financing
Name :
Address:
Contact Person
Telephone No.
6. Job Creation and Retention
New Jobs Retained Jobs
Number Pay Range Number Pay Range
Full-time Jobs .. $ $
Part-time Jobs $ $
TOTAL JOBS . .
7 Date Project Will Begin:
I hereby certify that the information provided above and in the attached
supporting documentation is to the best of my knowledge true and correct
Applicant Signature Date
For additional information about the City of Muskego RLF program, please
contact the Deputy City Clerk at (414) 679-4100.
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Please submit the RLF application and supporting documentation to
Deputy City Clerk
W182 S8200 Racine Avenue
City Hall
Muskego, Wisconsin 53150
P. 0. Box 903
*****
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CITY OF MUSKEGO REVOLVING LOAN FUND
PROJECT DOCUMENTATION
Please include the following supporting documentation along with each economic
development loan fund application. All information must be signed and dated,
1. A current business plan that includes the proposed expansion or start-up
project (see Note 1 for business plan requirements).
2. Financial statements for the past three years and a current interim
ments that are compiled by an independent accountant in accordance with
financial statement, including balance sheets and profit and loss state-
of all significant assumptions (see Note 2 for business credit guidelines
generally accepted accounting principles (CAAP) and include a discussion
to be used in evaluating loan fund projecns).
3 Financial projections for the first three years of the project, including
balance sheets and profit and loss statements that are prepared by an
independent accountant in accordance with GAAP and include a discussion
of all significant assumptions (officers' compensation and direct labor
costs should be listed separately). In addition, start-up businesses
should provide quarterly financial projections for the first two years
(see Note 2 for business credit guidelines to be used in evaluating loan
fund projects) 8
4 Personal financial statements for the principals of the business
5 A statement of the anticipated benefits to be derived from the proposed
without funding from the loan fund program,
loan fund project and the reasons why the project will not take place
6 A letter of commitment from the financial institution or other source of
debt financing for the amount of debt financing that is a part of the
project
7 Documentation of the availability of funds for the private equity injec-
tion that is a part of the loan fund project
8 A letter from the chief executive officer committing the business to the
proposed project
9. Cost estimates for all machinery and equipment purchases, land and
building acquisition, and building construction or renovation that is a
part of the loan fund project.
10 A lease or pre-lease agreement for rental property or an Offer to pur-
chase for fixed assets that are a part of the project.
11 A schedule of the jobs to be created and/or retained, with job titles and
a description of the qualifications required for the new jobs.
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8 12. A memorandum of agreement between the City, the recipient business, and
the local Private Industry Council or the Wisconsin Job Service document-
ing the commitment to recruit low- and moderate-income (MI) persons for
the jobs to be created.
13 Documentation that the project is in compliance with local and state
building codes and zoning regulations and other applicable local and
state ordinances.
14 A map showing the exact location of the project.
15 Other documentation that may be required by the Finance Committee that is
deemed important relative to a determination regarding the loan fund
project
The business plan should present a detailed description of the busi-
ness that includes the following level of detail
1
2
5
6
7
8
9.
10
A description of the firm, including a 4-digit SIC Code
A description of the ownership--corporate officers, shareholders with
number of shares owned, articles of incorporation, partnership agree-
A discussion of the management team and its experience
ments, agreements with other businesses, etc.
A discussion of the marketing strategy, composition of the customer base,
identification of major competitors, and a list of all in-state competi-
tors
A discussion of projected sales growth and the financing and capital
requirements necessary to achieve the projected growth,
A discussion of accounting methods applied to inventory and the aging of
inventory
A discussion of terms offered to customers and the aging of accounts
receivable
A discussion of agreements with suppliers and other trade accounts and
the aging of accounts payable
A description of the debt structure, the status of outstanding debts, a
listing of all assets currently pledged as security, and a debt service
schedule for all debt during the five-year projection period
A discussion of working capital needs and how working capital is generat-
ed,
-2: Historical financial statements and financial projections will be
examined to determine whether the applicant business conforms with the indus-
aces. Annual Statement Studies, or other generally recognized source of
try standards as set forth in the most recent edition of Robert Morris Associ-
examined to determine whether or not there is sufficient cash flow to cover
industry financial information. In addition, the proposed project will be
debt service and the additional expenses that will be generated as a result of
the project The following business credit guidelines will be used to evalu-
ate the financial statements and financial projections of the applicant
business:
*
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Balance Sheet Analysis
1 Does the business adequately collect on its accounts receivable? * days accounts receivable vs terms offered to customers * trends in days accounts receivable over time.
2 Does the business pay its vendors in a timely fashion? * days accounts payable vs terms offered to vendors * trends in days accounts payable over time.
* days inventory vs inventory cycle * trends in days inventory over time
4. Are .the officers committed to the business? * owners’ equity in the business * profit after tax vs. retained earnings. * notes payable to officers * notes receivable to officers.
* growth in retained earnings. * debt to equity ratio
3. Does the business control inventory?
5 Does the business have a positive operating history?
Profit and Loss Statement Analysis
1 Is the business growing?
2 Does the business control profitability?
* historical sales growth
* cost of goods sold as a percentage of sales * gross profit margin.
* selling, general h administrative expenses as a percentage of sales * use of selling, general & administrative expenses
* earnings before tax less other income. * earnings before tax as a percentage of sales. * cost of goods sold as a percentage of inventory
* depreciation expense
* excess officer compensation,
* interest expense * rent expense
3 Does the business control expenses?
4 Is the business truly profitable?
5. Does the business have hidden cash flow?
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Attachment B
1990 LOW- AND MODERATE-INCOME LIMITS
WISCONSIN DEVELOPMENT FUND
WAUKESHA COUNTY. WISCONSIN
Household Size Household Income __________________"""""""""""""""
1 Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons or More
$22,450
25,700
28,900
32,100
34,100
36,100
38,150
40,150
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Note This income schedule will be updated
annually
Source: Wisconsin Department of Development
and SEWRPC.