HomeMy WebLinkAboutCSRA Business League
Augusta Richmond GA
DOCUMENT NAME: c'S~AW~\resS ~ue
DOCUMENT TYPE:
YEAR: ql9-
BOX NUMBER: a 6
FILE NUMBER: \rol9 \
NUMBER OF PAGES: \ L\
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STATE OP GEORGIA
COUNTY OP RICHMOND
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THIS INDENTURE, made and entered this ~ day of ~, ,/
1996, by and between CSRA Business League, whose principal office
and place of business situate at 1394 Laney Walker Boulevard,
Augusta, Georgia 30901, hereafter referred to as "Party of the
First Part" and Richmond County, Georgia hereinafter referred to as
"Party of the Second Part".
WIT N E SSE T Hi WHEREAS, Party of the Second Part receives
funds from the United States Government under Title I of the
Housing and Community Development Act of 1974, Public Law 93-383i
and
. WHEREAS, Party of the Second Part desires to engage the Party of
the First Part to provide management, administrative and technical
assistance to potential borrowers of Party of the Second Part's
Economic Development Loan Fund for the purpose of implementing and
effectuating such project in Richmond County, and
WHEREAS, Party of the First Part represents that it has the
requisite expertise to provide such services and to fairly and
efficiently implement and oversee such programi
NOW, THEREFORE, for and in consideration of the premises 'and the
mutual covenants and agreements herein contained the parties hereto
agree as follows:
1.
Party of the First Part, acting as an independent contractor,
shall implement and oversee the project in accordance with all
applicable governmental regulations and guidelines issued by
the United States Department of Housing and Urban Development
and Augusta-Richmond County Consolidated Government. Such
services include management and technical assistance to the
potential and existing borrowers of the Loan Program that are
referred to the League by The Housing & Neighborhood
Development Department as a result of a review of an initia~ ~
(see Exhibit A). This management and
technical assistance will include preparing loan packages
during the competi ti ve rounds of funding according to the
schedule for implemention shown on Exhibit~. These loan
packages will include, but are not limited to the following:
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I. Cover Letter
A. Dollar amount requested
B. Suggested terms and timing
C. Purpose of Loan
D. New or Existing Business
II.
III.
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Executive Summary
A. Business description
1. Name of Business
2. Location and Plan Description
3. Product Service
4. Market competition
5. Management expertise
B. Business Goals
C. Summary of financial needs and breakdo~ of how loan funds
will be used
D. Earnings projections
E. Number of low/moderate income jobs created or retained
I;
Market Analysis
A. Description
B. Industry trends
C. Target market
D. Competition
IV. products/Services
A. Description of product/service line
B. Proprietary position: patents, copyrights, and legal and
technical consideration
C. Comparison to competitor's products
V. Manufacturing process (if applicable)
A. Materials
B. Source of supply
C. production methods
VI. Marketing strategy
A. Overall strategy
B. Pricing policy
C. Method of selling, distributing, and servicing products
VII. Management Plan
A. Form of business organization
B. Board of directors composition
c. Officers: organization chart and responsibilities
D. Resumes of key p'ersonnel
E. Staffing plan/number of employees
F. Facilities plan/planned capital improvements
G. Operating plan/schedule of upcoming work for next one to
two years
VIII.Financial Data
A. Financial statements (two or three years to present, if
this is an existing business)
B. Financial projections
1. 12-month profit-and-loss (income) statement
2. 12-month cash flow forecast
3. Balance sheet upon receiving loan
C~ Explanation of projects
D. Copy of Travel Report
2. This contract shall become effective upon the executiqn hef-eof
by the parties. Party of the First Part shall diligently
undertake and pursue its obligation pursuant to this contract
in such sequence as to assure expeditions completion of all
work required.
3. All work and services required hereunder shall be completed on
or before JanuarY 9, 1997
This contract shall terminate on January 31, 1997 ,
unless sooner terminated under terms hereof or unless extended
in writing by parties.
4. All formal communication regarding this contract shall be in
writing between Ms. Kelly McKie on behalf of Party of the
first Part and the designated administrator of the Party of
the Second Part, to wit: George Patty; however, no change,
modification, or amendment to this contract shall be effective
unless approved by the Mayor and COuncil-COmmission of the
Augusta-Richmond County Consolidated Government and entered
upon its minutes and duly executed in writing by Party of the
First Part designated agent named above or such successor as
my be designated by Party of the First Part.
5. It is understood that Party of the First Part is an
independent contractor and time, manner, and method of
performance of its work and services hereunder is left to the
discretion of the Party of the First Part so long as it
achieves the desired result and observes all of the provisions
of this agreement and of the applicable federal, state, and
local laws, regulations, and guidelines.
6. TO insure adequate effectiveness of the Part of the First
Part's performance and the effectiveness of the project, as
well as proper coordination among all those involved, the
Party of the Second Part shall be kept fUliy informed of the
progress of work and services performed hereunder. The Party
of the First Part may be required to meet wi th designated
representatives of the party of the Second Part and funding
agencies from time to time to review the work and services
performed. Authorized representatives of the Party of the
Second Part and their funding agencies may at all reasonable
times review and inspect the work and activities of the Party
of the First Part in performance of this agreement as well as
all data collected pursuant to this agreement.
The Party of the First Part shall be bound by the provisions
governing retention of records and custodial requirements of
records contained in the COmmunity Development Block Grant
(CDBG) Regulations. .
7. The U. S. Department of Housing and Urban Development~, and the
Party of the Second Part shall have access to any pertinent
books, documents, papers, and records of the Party of the
First Part for the purpose of making audit examinations,
excerpts, and transcripts. The Party of the First Part
records retention requirements shall be no less than five (5)
years from submission of final expenditure reports. In the
event any litigation, claim, or audit is started before the
expiration of such period, the records shall be retained until
all such litigation, claim, or audits involving the records
have been fully resolved.
8. The Party of the First Part represents that it is a duly
incorporated legal entity incorporated in the State of Georgia
and is in good standing and that all required business
licenses have been paid for and procured by it. The Party of
the First Part further represents that it presently has or
will secure at its own expense all personnel required to
perform services under this contract. None of the personnel
so employed shall be an employee of the Party of the Second
Part.
9. The Party of the First Part shall furnish to the Party of the
Second Part monthly project performance reports in such form
as specified by the Party of the Second Part, describing the
work accomplished by it. Such reports shall be furnished to
the Party of the Second Part within five (5) days after the
end of the reporting period. The Party of the First Part
understands and agrees that all reports, studies, records, and
other data prepared by or for it under the terms of this
contract shall be, become, and remain the sole property of the
Party of the Second Part upon the completion of the work at
the termination of this contract. The Party of the Second
Part shall have. the right to use all such data without
restriction or limitation and without compensation to the
Party of the First Part other than as provided for in this
contract. For purpose of this contract, such "data" includes
all writings, inspections, photographs, film, video tapes, or
other graphic representations and works of a similar nature.
No documents, material, or data produced in whole or in part
under this contract shall be the subj ect of an application for
copyright by or on behalf of the Party of the First Part.
Party of the First Part acknowledges that all matters
regarding rights to inventions and materials generated by or
arising out of this contract may be subject to regulations
issued by the funding agencies.
11. The Party of the First Part certifies that its financial
management systems currently comply and will continue to
comply with standards for financial management systems
specified in OMB Circular 128. In addition, the Party of the
First Part agrees to accurately maintain its financial recbrds
for each item as specified in Attachment B in such form and
to utilize such procedures as the Party of the Second Part and
the funding agencies shall require. This includes, but is not
limited to, the requirement that the Party of the First Part's
financial records shall provide for (1) accurate, current, and
complete disclosure of the financial results of each item; (2)
records that identify adequately the source and application of
funds by item for activities supported under the subject
project; and (3) time, attendance, and payroll distribution
records to support all salary and wages paid to employees of
the Party of the First Part.
12. The Party of the First Part shall be compensated for its work
and services under this contract at the rates provided in
Exhibit C attached hereto and by reference made a part hereof.
Unless otherwise approved in wri ting by the Party of the
Second Part and the funding agencies, payments to the Party of
the First Part shall be made on the following basis:
(a) On or before the 5th day of each month during the term of
the contract, the Party of the First Part shall submit to
the Party of the Second Part, in a form acceptable to the
Party of the Second Part, a request for payment for all
of the management and technical assistance proj ects
completed by the Party of the First Part during the
preceding month. Such payment request shall be in
accordance with the pay schedule attached hereto as
Exhibit C and by reference made a part hereof.
(b) The party of the Second Part will make payment to the
Party of the First Part monthly provided the Party of the
First Part has satisfactorily complied with the terms of
this agreement and the payment request is presented in
proper form; and further provided its monthly progress
report for the preceding month is satisfactory and in
order. The Party of the Second Part may withhold any
payment request in the event that the Party of the First
Part has failed to comply with the terms of this
agreement or to file its request in the proper from or
failed to file its required progress reports.
(c) The Party of the First Part's payment request for the
last month of the term of this contract must be received
by the Party of the Second Part no later that five days
after the termination date of this contract. Adjustments
subsequent to this date must be reported within fifteen
(15) days of the contract termination. The Party of the
Second Part may, at its discretion, disallow payment of
all or part of a final request received after this
deadline.
13. In the event of any overpayment of the Party of the Ftrst
Part, it will, upon request, refund same to the Party of the
Second Part within thirty (30) days of notification of such
overpayment.
14. The Party of the First Part covenants and agrees that it has
no direct or indirect conflict of interest in any manner which
would impair its impartial and unbiased performance of the
covenants and provisions of this agreement.
15. The Party of the First Part shall save and hold harmless the
Party of the Second Part, its agents, servants and employees
from any and all claims for damage for personal injury,
property damage and damages or losses of any kind or nature,
including reasonable attorney fees and cost of defense
incident to any such claim and as to any causes of action of
any kind arising from performance or failure to perform by the
Party of the First Part, its agents, servants, or employees.
16. The Party of the First Part shall not assign or transfer any
of its obligations under the terms of this agreement without
prior written approval of the Party of the Second Part.
17. Any modification or amendment of any kind to this contract
shall be of no force or effect unless duly approved in writing
by both parties and entered upon the minutes of the Party of
the Second Part.
18. The Party of the First Part covenants, agrees, and certifies
that it will comply with the regulations, policies, guidelines
and requirements, including the Executive Order 12372 and U.
S. Office of Management and Budget Circular Nos. A-122, A-llD,
A-128, A-21 and A-233 as appropriate, as they relate to the
application, acceptance, use and audit of Federal funds to
this federally assisted program. Also, for itself and for all
contractors and subcontractors performing work on this
project, it will assure compliance with the following:
(a) Title VI or the Civil Rights Act of 1964 (P.L. 88-352 and
42 U.S.C. 2000d) and in accordance with Title VI of that
Act, no person in the United States shall, on the ground
of age, handicap, religion, creed, color, or national
origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination
under any program or activity for which the applicant
receives Federal financial assistance and will
immoderately take any measures necessary to effectuate
this assurance, It will further comply with Title VI
provisions prohibiting employment discrimination where
the primary purpose of a grant is to provide employment.
It will not discriminate against any qualified employee,
subcontractor, or client because of age, handicap,
religion, creed, political affiliation, race, color, sex,
or national origin. It shall take affirmative action to
ensure that qualified applicants are employed and
qualified subcontractors are selected, and that qualified
employees are treated during employment, without regard
to their age, handicap, religion, creed or belief,
political affiliation, race, color, sex, or national
origin. Such action shall include but not be limited to
the following: employment, upgrading, demotions, or
transfers; recruicment, or recruicment advertising;
layoffs or terminations; rates or payor other inCluding
apprenticeship, and participation in recreational and
educational activities. It agrees to post in a
conspicuous place available to employees and applicants
for employment notices to be provided setting forth the
provisions of this non-discrimination clause.
(b) It shall not discriminate against any qualified
client or recipient of services provided through
this contract on the basis of age, handicap,
religion, creed or sex or national origin.
(c) It shall keep such records and submit such reports
concerning the racial and ethnic origin of
applicants for employment and employees as Party of
the Second Part or the funding agencies may
require.
(d) It agrees to comply with such rules, regulations or
guidelines as Party of the Second Part or the
funding agencies may issue to implement the
requirements of this paragraph.
(e) It will comply with the applicable provisions of
the Hatch Act which limits the political activity
of employees.
19. No part of the funds under this contract shall be used to pay
the salary or expense of Party of the First Part, or any agent
acting on behalf of Party of the First Part to engage in any
activity designed to influence legislation or appropriations
pending before the Congress of the United States.
20. The Party of the Second Part reserves the right to immediately
suspend and lor terminate this contract in whole or in part if
at any time the Party of the Second Part determines the Party
of the First Part is failing to substantially provide the
quality of services required by this contract or to
substantially comply with any of its duties and
responsibilities hereunder.
21. The parties may mutually agree at any time to terminate this
contract in whole or in part.
22. The Party of the Second Part may, at any time, with or without
cause, terminate this contract on thirty (30) days' written
notice to the Party of the Pirst Part.
23. This contract shall in all respects be construed pursuant to
the laws of the State of Georgia.
CSRA BUSINESS LEAGUE
BY: 15: d
AS ~ t30tial. (' /'/;,'( tn4/l
BY:?~~
AS ITsdJ; '{"'~
Signed and sealed in
our presence
~LI~' ~~
Notary Public. R~ County Georgia
My Commission Expt~es Feb. 25.1997
Signed and sealed in
our presence
13'41 t.J 1J7~
7JClAt U Lfr)t0~
NOTARY~UBLIC .
NCllaryPubnc, Columbia County, Georgia
My Commission Expires June 21, 199$3
SEA L
BY
Exhibit A
COUNSELOR
DATE
INITIAL CLIENT DATA
Referred By
Telephone #( )
Name
Address
(City)
(State)
(County)
(Zip Code)
Minority Grouo (Check One)
Black! Afro-American
Mexican-American
Puerto Rican
Cuban American
Other
American Indian
Eskimo & Aleut
Asian-American
Other Minority
Non-Minority
Telephone#( )
Education
Gender
Marital Status
Number of Dependents
Spouse's Name
TELL US ABOUT
(Yourself)
(Your Soouse)
Social Security#
Social Security#
Age
Date of Birth
Age
Date of Birth
EMPWYMENT
Employer's Name
Employer's Name
Address
Address
Telephone#(
Telephone#( )
How Long Employed?
How Long Employed?
Position
Position
Monthly Income
Monthly Income
Do You: Own Your Home?
Rent
Name of Address of Mortgage Company
BANKING RELATIONS
(Name)
(Address)
(fype of Account)
Briefly describe the venture or business in which you are interested
Experience for proposed business or venture
BANKING RELATIONS (CONI1NUED)
Proposed location of business
Equity Capital: Cash $
Property Value
Type of assistance desired
Amount of loan desired for proposed venture. of business
Do you own a business?
Percentage of Ownership
If yes. please fill out Business Information Section. If No, Proposed
YOUR BUSINESS
Employer Identification No.
Telephone#( )
Name of Business
Date Established
Address
(City)
(State)
(County)
(Zip Code)
Purpose of M&TA
Sea) Certified
Emolovees
Gross Receipts
Year-to-date
Last year 19
2-years ago
3-years ago
Yes_No_
Total
Minority
Paid
Non-Minority
New Start
Expansion
Maintain
Survival
Was business founded by present owner? Yes No
acquired? New Start ; Buyout acquisition
Joint Venture ; Spin-off ; Other
If No, bow was ownership of this business
; Merger/combination
Le~ Structure (Check One)
Corporation
Partnership
Sole Proprietorship
Other
Business Type (Check One)
Franchise
Dealership
Distributionship
Licemee
Independent
Own Location
Yes
No
If No, LeaseIRent Per Month $
Ownership:
% Minority:
Yes
No
Ownership:
Ownership:
% Minority:
Yes
No
% Minority:.
Yes
No
NOTE: %(5) MUST TOTAL 100%
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Housing & Neighborhood Development Department
A TIN: ED Loan Program
One Tenth Street, Suite 430
Augusta, Georgia 30901
(706) 821-1797
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Dec. 4
Jan. 9
Jan. 22
Jan. 27
Jan. 29
Feb. 3
Feb. 11
Feb. 12
Feb. 18
Exhibit B
ED Loan Fund Schedule
Package all application for CSRA Business League
Application packages from CSRA Business League received
Application packages review is complete by Housing &
Neighborhood Development (HND) Department
Recommendation made to Loan Review Committee
Completion of application process Begin approval
process for the Administrative Services Committee.
Approval's of a recipient list by Administrative Services
Committee
Approval by Commission-Council
Begin Closing Procedures
Release funds/Closing begins
Exhibit c
The Party of the First Part shall receive compensation for services
outlined in the Scope of Work in Section 1 of this agreement as
follows:
1. $ 10.00 per hour for each minority applicant referred by
Housing & Neighborhood Development (HND) Department. A
maximum of thirty hours per referral.
2. $ 30.00 per hour for each non-minority applicant referred by
HND. A maximum of thirty hours per referral.
Party of the Second Part also agrees to reimburse Party of the
First Part seven (7) dollars per. credit report for each referral.
Additionally, Party of the Second Part will reimburse Party of the
First Part reasonable mileage at a rate of .28~ per mile associated
with the provisions of the program.
The maximum compensation allowed under the provisions of the
agreement are:
1. $ 10,000 for management and technical assistance, and $ 200
for mileage' (see Ryh;h;.~ ~).
NOTE: Exhibit - For Schedule to follow for Implementation of
Project described herein.
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TO:
FROM:
DATE:
RE:
LARRY E. SCONYERS
MAYOR
Memorandum
Keven Mack,
Housing Neighborhood Development
Lena J. Bonner, Clerk of Commission
October 5, 1996
CSRA Business .League Contract
Please have the enclosed contract executed by the above
referenced organization and return the original to me for the
official file.
As always, I appreciate your assistance.
Enclosure:
530 GREENE STREET · AUGUSTA, GEORGL>\ 30911 · 706/821-1831 · E>\.\': 706/821-1838