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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\ .. -; . .. ~' STATE OP GEORGIA COUNTY OP RICHMOND '1\ 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: ~ ~\ ./ I. Cover Letter A. Dollar amount requested B. Suggested terms and timing C. Purpose of Loan D. New or Existing Business II. III. ;: ~ . t' 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% '.. :::.~:: Housing & Neighborhood Development Department A TIN: ED Loan Program One Tenth Street, Suite 430 Augusta, Georgia 30901 (706) 821-1797 ,~ - ~ ...>~." ..'>-1';:-: ~# ,..... ~\'; . :.!~::c .; 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. ~~<::--:.-~\::.-.\) --:- ..?' ~\CH~tO.\-;'t'tJ~ .- ')0..' ~.....co:>:.>o,- /j ....11. ;:d...... . .cw' ~- (. "1) ;..! - f ""=<~0 (" ~ ~,. ' - {, _! :.... .!Y .~, /'~. C- I., :J ~? / A~I r \.,;-L, \/1 (' -'.-: C ; ~ } J ".., ~ /) ~....,-:- ~ - ".....'0- ~~; ;~~ ~)E~'"t~L/ i~;[ .~.~ \:..~_ - EST. .;..::..:J l; \~" ---:-~'''''_ \".196 _ _~- ..::; '(t~ -\~\)o:-(:~oo.P : \1,\\ C'EORG\"'-=:"C:- \-\'>:...~~;;;-:~~ 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