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CCR1993073e ‘a AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #73-93 APPROVAL OF AMENDED REVOLVING LOAN FUND (RLF) PLAN WHEREAS, the City of Muskego, upon the request of the Department of Development, adopted a Revolving Loan Fund (RLF) Plan on May 14, 1991, and WHEREAS, SEWRPC has recommended several changes to the plan, and WHEREAS, the Finance Committee 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 Amended Revolving Loan Fund (RLF) Plan as attached, as further amended. DATED THIS 23RD DAY OF MARCH , 1993 SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders This is to certify that this is a true and accurate copy of Resolution #73-93 which was adopted by the Common Council of the City of Muskego. WHEREAS, the City of the request of Development, Loan Fund 14, 1991, and 1 (RLF) PLAN (RLF) Plan on May of the Department APPROVAL OF ENDED REVOLVING LOAN FUND \ WHEREAS, SEWRPC has changes to the plan, and WHEREAS, the Finance approval. NOW, THEREFORE, BE Council of 'the City of Muskego, Committee, does (RLF) Plan as attached. DATED THIS DAY OF Ald. Edwin Dumke Ald. David Sanders \ This is to certify that this is a true and Resolution #73-93 which was adopted by the City of Muskego. , City Clerk 3/23/93 REVOLVING LOAN FUND (RLF) PLAN CITY OF MUSKEGO Introduction In February 1990, the Wisconsin Department of Development (DOD) awarded the City of Muskego a $330,000 Wibconsin Development Fund (WDF) grant, that, in turn, was The City and the Delta Group entered into an agreement on April 16, 1990. that loaned to the Delta Group, Inc , for a business start-up project in the City. provided for the repayment of the business loan over a term of fifteen years. The loan term began on October 1, 1990, and the first loan payment is due on November 1, 1990 Repayments on the Delta Group WDF 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 businesses The purpose of this plan is to set forth the criteria for future loans from the RLF Purpose of the RLF The RLF has been established to create employment opportunities and increase opment of new, businesses in the City. The RLF program includes interest rates local incomes through the retention and expansion of existing, and the devel- and loan maturities that are designed to encourage business development, while providing for the recapitalization and growth of the RLF Eligible Applicants Eligible applicants for the RLF will be business establishments that are located access the financing necessary for the start-up or expansion project through in the City or will locate in the City as a result of an RLF loan and cannot conventional sources. Administration of the RLF The City of Muskego accepts full responsibility for the appropriate 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 inNovember 1990, and reserve its use solely for the RLF program On an annual basis, up to 15 percent maintenance of the RLF. of the RLF will be made available for administrative expenses incurred in the Availability of Funds The Finance Committee, on a semi-annual basis, will determine whether a sufficient amount of funds are available in the FLF to accept applications for new business loans A minimum of $25,000 must be available in the RLF in order for the Finance Committee to accept new applications Following a determination methods for advertising the availability of the funds to the business community on the availability of funds, the Finance Committee will determine the best a 3/23/93 2 a Application Procedures Businesses that are interested in applying for an RLF loan should submit a pre- application form to the Director of Planning, W182 S8200 Racine Avenue, P 0. Box description of the supporting documentation that is needed for each formal RLF 903. Muskego, Wisconsin 53150. A copy of the RLF pre-application and a application are included as Attachment A to this plan. Following the submittal ofthe pre-application, City staffwill examine the pre-application for complete- ness and make a determination within 10 working days on whether or not the pro- posed project conforms with IUF standards and policies as set forth in this plan. The pre-application will then be forwarded to the City Finance Committee far recommen-epprevel. If approved by the Common Council, the business would be requested dation. to begin preparing the necessary documents to complete a formal application. " - - Once the necessary documents required for each formal application have been completed, City staff or its designated agent will review the documentation submitted for completeness, and, within 10 working days, the business will be informed of any deficiencies, and requested to amend the documentation, if necessary. Upon receipt of all requested documentation, the request will be for- warded to the Finance Committee for consideration together with a funding recom- mendation made by City staff or its designated agent. The Finance Committee will consider the request and make a funding recommendation to the Common Council. RLF Standards and Policies The following standards and policies will be utilized in the RLF program 1 1 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 2 Low- and Moderate-Income Requirement. At least 60 percent of the FTE jobs that will be created or retained must be filled or held by low- and moderate-income (LMI) persons as defined in Attachment B The City must use the most recent LMI limits that are provided on an annual basis by the Wisconsin Department of Development. 3 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 LMI persons for the jobs to be created as a result of the loan 4. Private Sector Leverage Ratio, One dollar of private sector investment will be required for each dollar of RLF investment. In addition, for each dollar of FZF working capital funds the recipient business will be required to provide one dollar of private sector working capital funds Private sector . investment is defined as financing from a private lending institution, pub- that is injected into the business as a part of the expansion project. lic sector business loan programs other than the WDF program, or new equity 5. Eligible Activities: Activities eligible for funding through this program include a) land acquisition, b) building acquisition, c) building construction, including site preparation and demolition; 3/23/93 3 d) building rehabilitation or renovation, e) machinery and equipment acquisition, with a depreciable life of at f) leasehold improvements, where the lease period is for the term of the g) working capital (direct labor and inventory only), and h) buyouts by purchase of assets or stock. least seven years, 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: b) buildings and land--up to 10 years, and a) machinery and equipment--2 to 10 years; 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 Committee retains the right to adjust individual loan terms in order to financial institution participating in the project. However, the Finance 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 interest-- as published in the Midwest Edition of the Wall Street Journal--plus 2 per- cent). However, any reduction in interest below the market rate will only before tax is below the industry average as evidenced by the applicant's be provided during the first three years of the loan term when the earnings 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 the loan term upon demonstration of need by the recipient business However, the deferral of principal and interest payments will only be used when a firm's financial projections demonstrate that a deferral is required for the firm to be competitive within its 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 3/23/93 4 and liens on accounts receivable and inventory This collateral may be include: mortgages on land and buildings, liens on machinery and equipment, subordinated to private sector financial institutions 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 declining balance equal to the used where appropriate outstanding loan balance, and junior liens on all corporate assets may be 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 12. General Policies for Restructuring RLF Loans, RLFloans maybe restructured when restructuring will improve the borrower's ability to repay the RLF loan, as long as the business is financially viable as evidenced through a business credit analysis The City staff will work with the owner(s) of the business to determine the need for restructuring, and, if 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 13 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 14, Loan Application Fee: The City will require a loan application fee of $250 be identified as WDF program income and deposited in the RLF account. to be paid at the time of loan application, The loan application fees will with the RLE program. These funds will then be used to pay for administrative costs associated 15 Loan Orisination 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. The fees may be added to the principal amount of attorney's fees, will be identified as WDF program income and deposited in the loan and paid with RLF funds. All loan originacion fees, including the RLF account. These funds will then be used to pay for administrative costs associated with the RLF program 16. Availability of Funds. In those instances where the number of requests for RLF funds exceeds available funding, RLF applications will be prioritized based upon the date of receipt of all requested application materials, the number of jobs to be created and/or retained, and the amount of private sector leverage that is included in the project When feasible, the amount of RLF funds contributed to each project will be reduced in order to " facilitate as many RLF loan requests as possible 17. Protect Initiation, No aspect of the proposed project may be initiated prior to the approval of the RLF application by the City of Muskego. 3/23/93 5 Program Requirements I The for 1 2 3 4 5 6 7 a following program requirements will apply to all projects that are approved funding Loan Apreement: RLF loan recipients will be required to enter into a loan agreement with the City of Muskego. Labor Standards, All activities subject to federal labor standards will comply with requirements regarding prevailing wage rates, payroll records, permissible payroli' deductions, and overtime pay 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 minimum of 12 months loan agreement. All jobs created and/or retained must be maintained for a 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 interest rate of the loan will 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 rate was signed plus 2 percent Interest penalties may be paid in one lump sum increase equal to the prime rate of interest at the time the loan agreement or added to the principal of the RLF loan and amortized over the remaining term of the loan, 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 checks, and payroll records for new or retained employees that are a part limited to, purchase orders, invoices, records of payments, cancelled of the project. The City will have access to all records pertinent to the project for the purposes of examination and transcription Nondiscrimination: Recipient businesses will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, or handicap. Environmental Review, Recipient businesses will comply with all state and federal environmental regulations regarding the use of RLF loan funds, and the City will, when necessary, conduct an environmental review of the proposed project to determine compliance with these regulations Progress Reports: Loan recipients will be required to submit semi-annual progress reports during the outstanding term of the loan that includes 1) a description of current and projected employment; 2) an updated business plan, and 3) financial statements for the preceding six months The City will also make annual on-site inspections The City staff will submit semi-annual progress reports to the Common Council and annual progress reports to the Wisconsin DOD 3/23/93 6 RLF Plan Amendments This RLF plan may be amended to meet the changing conditions or the future needs of the City of Muskego only through a written agreement between the City and the Wisconsin DOD. ***** 3/23/93 7 Attachment A CITY OF MUSKEGO Revolving Loan Fund Pre-application 1 Business Name Address I 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 h Equipment f) Working Capital . ... RLF Financing $ $ $ $ $ $ TOTAL PROJECT COSTS 4 RLF Assistance Requested a) Loan Amount .. b) Interest Rate (percent) c) Loan Term (years) Debt Financing $ $ $ $ $ s Equity Financing $ $ $ $ $ $ s 3/23/93 8 0 5 Source of Private Debt Financing Name Address; Contact Person: Telephone No 6 Job Creation and Retention New Jobs 2 ained Jobs Number Pay Range Number Pay Ranpe Full-time Jobs $ 5 Part-time Jobs $ 5 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 Director of Planning at (414) 679-4100 Please submit the FLF application and supporting documentation to Director of Planning City Hall W182 58200 Racine Avenue P 0. Box 903 Muskego, Wisconsin 53150 ***** 3/23/93 9 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 a detailed description of 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 financial statement, including balance sheets and profit and loss state- ments that are compiled by an independent accountant in accordance with generally accepted accounting principles (GAAP) and include a discussion of all significant assumptions (see Note 2 for business credit guidelines to be used in evaluating loan fund projects) 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) 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 injection that is a part of the loan fund project 6. 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 purchase 11 A schedule of the jobs to be created and/or retained, with job titles and for fixed assets that are a part of the project a description of the qualifications required for the new jobs 3/23/93 10 12 A memorandum of agreement between the City, the recipient business, and the local Private Industry Council or the Wisconsin Job Service documenting the commitment to recruit low- and moderate-income (LMI) 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 Gxact 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 "_""""_"""""""""""""""""""""""""""""""""~ Note 1: The business plan should present a detailed description of the business that includes the following level of detail 1. A description of the firm, including a 4-digit SIC Code A description of the ownership--corporate officers, shareholders with 2 3 5 6 I E 9 10 number of shares owned, articles of incorporation, partnership agreements, A discussion of the management team and its experience 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- A discussion of projected sales growth and the financing and capital tors 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 A description of the debt structure, the status of outstanding debts, a aging of accounts payable schedule for all debt during the three-year projection period listing of all assets currently pledged as security, and a debt service A discussion of working capital needs and how working capital is generated Note 2. Historical financial statements and financial projections will be exam- ined to determine whether the applicant business conforms with the industry stan- Annual Statement Studies, or other generally recognized source of industry dards as set forth in the most recent edition of Robert Morris Associates, determine whether or not there is sufficient cash flow to cover debt service and financial information, In addition, the proposed project will be examined to the additional expenses that will be generated as a result of the project. The following business credit guidelines will be used to evaluate the financial statements and financial projections of the applicant business 3/23/93 11 Balance Sheet Analvsis 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 & 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 * excess officer compensation * depreciation expense * interest expense * rent expense 3 Does the business control expenses? 4. Is the business truly profitable? 5 Does the business have hidden cash flow? ***** 3/23/93 12 Attachment B WISCONSIN DEVELOPMENT FLTND 1992 LOW- AND MODERATE-INCOME LIMITS WAUKESHA COUNTY, WISCONSIN ........................ """"""""""""""""""."""""~ Household Size Household Income ........................ 1 Person 2 Persons 4 Persons 3 Persons 5 Persons 6 Persons 7 Persons 8 Persons or $23,400 26,750 30,100 33,450 36,100 38,800 41,450 More 44,150 ........................ Note This income schedule will be updated annually Source Wisconsin Department of Development and SEWRPC