HomeMy WebLinkAboutR-2000-102 COMMUNITY BLOCK GRANT FUNDS - WAME (WASHINGTON ASSOCIATION OF MINORITY ENTREPRENEURS)RESOLUTION NO. R-2000-102
A RESOLUTION authorizing the reservation of an additional $25,000 in Community
Development Block Grant funds for use in a Development Loan Fund
Program with the condition that Washington Association of Minority
Entrepreneurs, Inc. administers, manages and oversees the use of this
money in accordance with the current Development Loan Fund
Agreement between the City of Yakima and Washington Association of
Minority Entrepreneurs, Inc.
WHEREAS, in 1998 the City reserved $50,000 in Community Development Block Grant
("CDBG") funds for a Development Loan Fund Program ("DLF Loan Program"); and
WHEREAS, the purpose of the DLF Loan Program is to assist with the expansion and
start-up of minority and women -owned businesses through low interest loans; and
WHEREAS, the City requires careful administration, management and oversight of its
participation in the DLF Loan Program; and
WHEREAS, the City has contracted with the Washington Association of Minority
Entrepreneurs, Inc. ("WAME"), to provide these services; and
WHEREAS, the City committed an additional $50,000 in CDBG funds available for use
in the DLF Loan Program during 1999; and
WHEREAS, there is an additional $25,000 in CDBG funds that are available for
commitment to the DLF Loan Program; and
WHEREAS, WAME is willing to administer, manage and oversee the use of this
additional $25,000 in the DLF Loan Program in accordance with the current Development Loan
Fund Agreement between the City and WAME; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
reserve an additional $25,000 in CDBG funds to the DLF Loan Program administered by
WAME, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
An additional $25,000 in CDBG funds is hereby reserved for use in the DLF Loan
Program with the condition that Washington Association of Minority Entrepreneurs, Inc.
administers, manages and oversees the use of this money in accordance with the current
(1k)res/WAME loan proces aug 2000/pm
Development Loan Fund Agreement between the City of Yakima and Washington Association
of Minority Entrepreneurs, Inc.
ADOPTED BY THE CITY COUNCIL this 15th day of August, 2000.
A 1'1'EST:
City Clerk
(Ik)res/WAME loan proces aug 2000/pm
ry Place, Mayor
r
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: August 15, 2000
Authorization to approve amendment of City's contract with the
Washington Association of Minority Entrepreneurs (WAME) to administer
the City of Yakima Women & Minority Initiative Revolving Loan Fund.
SUBMITTED BY: U' bdilliam Cook, Director/Community & Economic Development
CONTACT PERSON/TELEPHONE: Vaughn McBride 575-6101
SUMMARY EXPLANATION: Authorization to accept amendment of City's contract with the
Washington Association of Minority Entrepreneurs (WAME) to administer the City of Yakima
Women & Minority Initiative Revolving Loan Fund, as follows:
The City will increase the available loan capital by $25,000 to a total of $125,000 to provide
the necessary loan capitalization -funding pool.
The additional loan capitalization funds will address pending loan requests for start-up and
expansion of minority and women -owned businesses.
Resolution_x Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution approving amendment of City contract
with WAME to increase available loan capitalization funds in City's Women & Minority Initiative
Revolving Loan Fund.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Development Loan Fund Agreement
THIS AGREEMENT (hereinafter the "Agreement") is made and entered into by
and between the City of Yakima, a Washington State municipal corporation (hereinafter
the "City") and Washington Association of Minority Entrepreneurs, Inc., a nonprofit
corporation (hereinafter the "Contractor").
WHEREAS, in 1998 the City executed an agreement with the Contractor whereby
Contractor agreed to administer, manage and oversee the City's participation in the
Washington State Department of Community, Trade and Economic Development's
Development Loan Fund Minority and Women -Owned Business Loan Program ("DLF
Loan Program").
WHEREAS, in 1998 the City committed $50,000 of City funds into said DLF Loan
Program.
WHEREAS, in 1999 the City is willing to commit an additional $50,000 of
Community Development Block Grant ("CDBG") funds for business loans through said
DLF Loan Program.
WHEREAS, the purpose of the DLF Loan Program is to assist with the expansion
and start-up of minority and women -owned businesses through loans.
WHEREAS, the City requires careful administration, management and oversight
of its participation in the DLF Loan Program.
WHEREAS, the Contractor is willing to provide the City with DLF Loan
Program administration, management and oversight in accordance with the terms and
conditions of this Agreement.
WHEREAS, the City and the Contractor find that it is mutually beneficial to enter
into this Agreement for loan administration, management, and oversight services.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Contractor as
follows:
1. Scope of Services. Contractor shall administer, manage and oversee the City's
participation in the DLF Loan Program. These services shall include the following:
a. Contractor shall administer all DLF loans in accordance with the
City of Yakima Minority and Women -Owned Business Loan
Program Policies and Loan Terms. A copy of these Policies and
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Loan Terms is attached hereto as "Attachment A" and incorporated
herein by this reference.
b. Contractor shall administer all DLF loans in accordance with the
general DLF Loan Policies and Guidelines as developed by the
Washington State Department of Community, Trade and Economic
Development ("CTED"). A copy of these Policies and Guidelines is
attached hereto as "Attachment B" and incorporated herein by this
reference.
c. Contractor shall implement and administer the DLF loan
application process set forth in attached and incorporated
"Attachment C."
d. In accordance with Attachment C, Contractor shall establish and
utilize a Loan Review Committee as approved by the City Council
to review and approve loan applications and DLF loans from City
CDBG funds.
e. Contractor shall take all necessary steps to ensure that loan
recipients remit all loan repayments in a timely manner.
f. Contractor shall take all steps necessary to ensure that proper
oversight and monitoring are exercised regarding the use of the
City's CDBG funds for the DLF Loan Program.
2. Term of Agreement. The term of this Agreement shall commence upon full
execution by the parties and shall continue in duration until terminated by either party
in accordance with Section 3 of this Agreement.
3. Termination. Either party may terminate this Agreement, with or without
cause, by giving the other party thirty (30) days written notice of termination. In the
event of termination of this Agreement, the Contractor shall immediately remit all
money provided by the City under this Agreement for use in the DLF Loan Program
that is in the Contractor's possession or control (including loan proceeds) at the time of
termination or any time thereafter. In the event of termination of this Agreement, the
Contractor shall also take all steps necessary to ensure that all loan payments provided
after the time of termination on loans made using City funds under this Agreement
shall be remitted directly by the borrower to the City.
4. Consideration. The City shall reimburse the Contractor on a monthly basis for
expenses and costs incurred in providing services required hereunder; provided,
however, that the total sum of such reimbursement shall not exceed Twelve Thousand
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Five Hundred Dollars ($12,500.00). On or by the tenth day of each month during the
term of this Agreement, Contractor shall submit a monthly invoice to the City
evidencing all expenses and costs incurred in providing services required hereunder
during the preceding month. The City shall make payment to Contractor within thirty
(30) calendar days upon receipt of the invoice. The City shall only reimburse costs and
expenditures that are permitted/allowable under applicable state and/or federal laws
and/or regulations. Also, all payments are expressly conditioned upon the Contractor
providing services hereunder which are satisfactory to the City.
5. Annual Audit and Quarterly Financial Statements and Performance Reviews.
Within thirty (30) calendar days of the end of each quarter during the term of the
Agreement, the Contractor must provide the City and the City Council "Economic
Development Committee" with a quarterly financial statement and quarterly
performance report regarding the Contractor's activities undertaken pursuant to this
Agreement. The Contractor must provide the City and the City Council "Economic
Development Committee" with an annual audit for each year of this Agreement by June
1 of the following respective year (if Agreement is extended). The annual audit must be
prepared by a certified public accountant acceptable to the City.
6. Compliance with All Laws. The Contractor shall perform all services required
pursuant to this Agreement in full compliance with all applicable federal, state, and
local ordinances, codes, regulations, statutes, and laws.
7. Inspection of Records/Documents. The City and any duly authorized
representative shall have the right, upon seventy-two (72) hours advance notice, to
inspect and audit all records/ documents maintained by the Contractor in connection
with the services rendered pursuant to this Agreement.
8. Status of Contractor. The Contractor and the City understand and expressly
agree that the Contractor is an independent contractor in the performance of each and
every part of this Agreement. Contractor and its employees and volunteers shall make
no claim of City employment nor shall claim any related employment benefits, social
security, and/or retirement.
9. Taxes and Assessments. Contractor shall be solely responsible for and shall pay
all taxes, deductions, and assessments, including but not limited to, sales tax, federal
income tax, FICA, social security tax, assessments for unemployment and industrial
injury insurance, and other deductions from income which may be required by law or
assessed against either party as a result of this Agreement. In the event the City is
assessed a tax or assessment as a result of this Agreement, Contractor shall pay the
same before it becomes due.
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10. Non -Discrimination. During the performance of this Agreement, the Contractor
shall not discriminate on the basis of race, age, color, sex, religion, national origin,
creed, marital status, political affiliation, and/or the presence of any sensory, mental, or
physical handicap in violation of any applicable federal, state, and/or local law and/or
regulation. This provision shall include but not be limited to the following:
employment, promotion, demotion, transfer, recruitment, advertising, layoff,
termination, rates of pay, compensation, selection for training, and the provision of
services under this Agreement.
11. The Americans with Disabilities Act. The Contractor agrees to comply with the
Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its
implementing regulations, and Washington State's anti -discrimination law as contained
in RCW Chapter 49.60 and its implementing regulations. The ADA provides
comprehensive civil rights to individuals with disabilities in the area of employment,
public accommodations, state and local government services, and telecommunications.
12. No Insurance. It is understood the City does not maintain liability insurance for
Contractor and its elected officials, officers, agents, employees, and volunteers.
13. Insurance Provided by Contractor.
a. Commercial Liability Insurance. On or before the effective date of this
Agreement, the Contractor shall provide the City with a certificate of insurance as proof
of commercial liability insurance in the amount of One Million Dollars ($1,000,000.00)
that clearly states who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect (any statement in the certificate to
the effect of "this certificate is issued as a matter of information only and confers no
right upon the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Agreement. The policy shall name the City, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the insurer
will not cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company" shall
be crossed out and initialed by the insurance agent). The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the State of Washington. The Contractor shall also provide the City with a true and
correct copy of the said insurance policy on or before the effective date of this
Agreement.
b. Directors and Officers Liability Insurance. The Contractor shall obtain a
Directors and Officers Liability insurance policy with a minimum limit of One Million
Dollars ($1,000,000.00) and a maximum retention of Five Thousand Dollars ($5,000.00).
On or before the effective date of this Agreement, the Contractor shall provide the City
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with a true and correct copy of said insurance policy. The definition of insured under
said policy shall include the Contractor, its individual directors, officers, trustees,
employees, and volunteers. Said policy shall have a retroactive date on or before the
effective date of this Agreement. Coverage under said policy shall remain in full force
and effect for a three (3) year period after the expiration/termination date of this
Agreement with the same retroactive date either through renewal policies or "tail"
coverage on the current policy.
c. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, WAME shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance with a
minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit
bodily injury and property damage. The certificate shall clearly state who the provider
is, the amount of coverage, the policy number, and when the policy and provisions
provided are in effect (any statement in the certificate to the effect of "this certificate is
issued as a matter of information only and confers no right upon the certificate holder"
shall be deleted). Said policy shall be in effect for the duration of this Agreement. The
policy shall name the City, its elected officials, officers, agents, and employees as
additional insureds, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City thirty (30) calendar days prior written notice
(any language in the clause to the effect of "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company" shall be crossed out and
initialed by the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
d. Fidelity Bond. Employee Dishonesty coverage or a fidelity bond will be
obtained in the amount of One Hundred Thousand Dollars ($100,000.00). The policy
will cover claims resulting from employee theft of money associated with the
performance of this contract. The policy will be written on a blanket basis covering all
employees, or upon prior approval by the City, on those employees having access to
funds. A copy of the policy will be furnished to the City.
e. Workers' Compensation. The Contractor agrees to pay all premiums
provided for by the Workman's Compensation Act of the State of Washington.
Evidence of the contractors workers' compensation coverage will be furnished to the
City. The contractor holds the City harmless for any injury or death to the contractor's
employees while performing this contract.
14. Indemnity and Hold Harmless. The Contractor shall protect, defend, indemnify,
and hold harmless the City, its elected officials, agents, officers, and employees from
any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits,
judgments, awards, costs, and expenses (including reasonable attorney's fees and
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disbursements) arising directly or indirectly from or out of, relating to, or in any way
connected with the services provided by the Contractor pursuant to this Agreement.
15. Non -Waiver. The failure of either party to insist upon strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof or the
acceptance of any performance during such breach shall not constitute a waiver of any
right under this Agreement.
16. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by the Contractor to any other person
or entity without the prior written consent of the City. In the event that such prior
written consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Contractor as stated herein.
17. Severability. If any portion of the Agreement is changed per mutual agreement
or any portion is held invalid, the remainder of the Agreement shall remain in full force
and effect.
18. Integration and Supersession. This Agreement sets forth all of the terms,
conditions, and agreements of the parties relative to the subject matter hereof and
supersedes any and all such former agreements which are hereby declared terminated
and of no further force and effect upon the execution and delivery hereof. There are no
terms, conditions, or agreements with respect thereto, except as herein provided and no
amendment or modification of this Agreement shall be effective unless reduced to
writing and executed by the parties.
19. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties at their addresses as follows:
To City:
To Contractor:
Bill Cook, Director
Comm. & Econ. Development
129 North Second Street
Yakima, WA 98901
Luz Bazan Gutierrez, President
WAME
24 South Third Avenue
Yakima, WA 98909
or to such addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
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20. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
21. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
22. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
23. Approval. Each party shall approve this Agreement by resolution, ordinance, or
otherwise pursuant to the laws of the governing body of each party. The attested
signatures of the City Manager of Yakima and the President of the Washington
Association of Minority Entrepreneurs, Inc., below shall constitute a presumption that
such approval was properly obtained.
CITY OF YAKIMA
By:
WASHINGT • ASSOCIATION OF
MINORITY " V NE i S, INC.
By:
R. A. Zais, Jr., Lu
City Manager President/C
Date:
ATTEST:
Date: ta % f/
City Clerk
City Contract No. 99-104
Resolution No.
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ATTACHMENT A
CITY OF YAKIMA MINORITY AND WOMEN BUSINESS LOAN PROGRAM POLICIES
AND LOAN TERMS
PROGRAM GOAL
The purpose of this loan program is to support the expansion and start-up of the City of
Yakima's minority- and women -owned businesses that are certified by the Washington State
Office of Minority and Women's Business Enterprises (OMWBE).
ADMINISTRATION OF THE PROGRAM
This loan program was authorized under state law in 1993 and amends sections of the law
pertaining to the Washington State Development Loan Funds under RCW 43.168.
The Washington State Department of Community, Trade and Economic Development has
responsibility for overall administration of the program. Except for final loan approval,
responsibility for project development, loan approval, and loan servicing will rest with the
Contractor.
GEOGRAPHICAL AREA SERVED
The program will serve the City of Yakima.
ELIGIBLE BORROWERS
The loan funds are for City of Yakima businesses that are certified by the Washington State
OMWBE. This certification process establishes that the firm is owned and controlled by one
or more minorities and/or women. Firms may be organized as proprietorships, partnerships
or corporations.
These loan funds are not a substitute for private financing or financing that is available to
the firm from other government -supported programs such as the Small Business
Administration or the Washington State Linked Deposit Program. The underlying policy is
that these funds address the lack of access to financing historically faced by minority- and
women -owned businesses.
To be eligible to apply, a business owner must:
• Demonstrate ability to repay the loan.
• Operate a place of business located within the jurisdictional limits of the City of
Yakima and possess a current City of Yakima business license.
• If the business is operated from a place of residence, then the business must have
approval from the City of Yakima as a home occupation.
• Show that the loan will result in the expansion of private business in the
community.
• Create or retain jobs for low- and moderate -income individuals at a ratio of one
job per $25,000.
• Undertake a commercial business venture.
• Be certified by State OMWBE.
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Loans will conform to all applicable requirements of the Community Development Block
Grant Program, including job creation or retention for low- and moderate -income persons,
services to low- and moderate -income persons, labor standards, environmental review and
others.
ELIGIBLE AND INELIGIBLE USES OF FUNDS
The loans made under this program will generally be under $50,000, with the emphasis on
loans under $25,000. Loan funds can be requested for start-up costs, inventory, purchase of
equipment, working capital, assistance in securing contractor bonding, and technical
assistance in such areas as marketing, accounting, and management.
Borrower needs that are unrelated to growth of the business (examples: refinancing equity,
existing loans or past -due payables or funding past operating losses or taxes) are not eligible
for loan funds. Loans which improve the position of another creditor are also generally not
eligible.
ABILITY TO REPAY THE LOAN
The borrower and the business plan must demonstrate the business venture is likely to be
successful. To make this decision, the following factors will be considered.
1. The borrower has direct, successful experience in the business; has developed
business skills in at least some of the areas important to its success such as
production, marketing and fiscal management; and/or has developed skills important
to this business venture through experience in a responsible management position of
another firm.
2. The borrower has prepared a well conceived, realistic plan for the business or its
expansion that shows the availability of working capital to sustain and support its
growth.
3. The borrower has developed an ongoing support program (such as management
assistance, ongoing counseling, or other) to shore up areas in which he or she lacks
experience. This technical assistance is an eligible loan expense.
4. The borrower has a credit history that demonstrates the capacity to meet
commitments. (Any delinquency or default in the payment of taxes or charging off of
personal, undisputed debt will disqualify an applicant.)
5. The borrower is current, or is operating under a plan, in fulfilling all state and
federal tax requirements.
FINANCIAL RISK
The borrower must have a meaningful financial investment in the business. This can be in
the form of cash, equipment needed by the business that has been purchased by the
borrower, real property needed by the business venture, or other investments material to the
business. The amount of this investment will depend on the size of the venture, the need for
working capital, and the financial circumstances of the borrower. If the borrower or business
has liquid assets that are otherwise not committed or needed for working capital, they must
be contributed to the project.
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OTHER LOANS
If the project costs exceed $50,000, the borrower is responsible for seeking participation from
other loan sources in the financing of the project.
SECURITY AND COLLATERAL
A security interest in all reasonable personal and business collateral will be required.
Examples of business collateral that will be considered to secure the loan include equipment,
real estate and inventory. All personal assets of owners with a 20% or greater ownership
interest in the business.
LOAN TERMS AND CONDITIONS
1. Loans from $5,000 to $50,000, with emphasis on transactions under $25,000.
2. If the project cost is over $50,000, participation by other loan sources must be
maximized.
3. Loan fees will include an application fee of $100. A loan fee of 3.0% of the loan value
is payable at closing, with credit given for the application fee. The loan fee can be
financed as part of the loan so long as other financial participation requirements of
the borrower have been met.
4. Interest rate is fixed at the prevailing prime rate plus 3% for direct loans. If another
lender is participating in the project, the loan rate will be at par with that lender's
rate.
5. Stepped payments and deferrals may be negotiated if justified by the particular
circumstances of the loan.
6. Working capital loans repayment terms may be up to 5 years.
7. Loans for equipment may be repaid up to a term up to 10 years.
8. Loans with a repayment term over 5 years may have a balloon clause that will allow
for the adjustment of the loan's interest rate and encourage refinancing in the
commercial market, if possible.
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r
allt
ATTACHMENT B
DU LOAN POLICIES AND GUIDELINES
PROGRAM GUIDELINES
for the Washington State Development Loan Fund
Minority and Women -Owned Business Lending Initiative
f
Iutraduetion
•
The goal of this initiative, incorporated as a component of the Development Loan Fuad Program, is to support
the expansion and start-up of minority and women -owned businesses that are certified by the Washington State
Office of Minority and Women's Business Enterprises (OMWBE). This initiative was authorized under state law
in 1993 and amends sections of the law pertaining to the Washington State Development Loan Fund under
RCW 43.168.
A, AMOUNT OF FUNDS AVAILABLE
The DLF Program has received funding authority of up to $2 million for the initiative.
B. APPLICATION GUIDELINES
1. Application Deadline
Applications may be submitted any time during the program.
2. Application Requiremef
An application to the Development Loan Funds Minority and Women -Owned Business Lending
Initiative must be on behalf of a specific business project. An eligible jurisdiction may submit more
than one application at anytime. Applicants requesting 85,000 to $50,000 must meet the
requirements of the initiative. Applications for more than $50,000 also require participation by
another lender. Applications of $ 100,000 to $750,000 must meet regular DLF review and
underwriting requirements. •
An application will consist of.
a. An application signed by the authorized chiefe officer of the local jurisdiction;
b. Documentation supporting the need for the assistance and job impact;
c. Confirmation/documentation of authority of the business to enter into the transaction;
d. Evidence of adherence to the jurisdiction's adopted Citizen Participation Plan including at least
two well-publicized public hearings; and
e. Assurance that all CDBG Program requirements will be met
C. ELIGIBILITY GUIDEUNES
1. EJ;gble Borrowed
The financing assistance available through this lending initiative is targeted to busses that are
certified by the OMWBB. me certification process establishes that the firm is minority ce woman -
owned and controlled. All borrowers from non -entitlement areas of the state must be OMWBE
certified irk* to potion of the loan to the DLF Committee. DLF loos to certified bobtails
are exempt from distressed area requirements of the regular DLF Program. Finns may be ..._._:...�._
as proprietorship., perms or corporations. Tabs eligible, the certified business mustbe
undertaking a commercial venture (not governmental or nonprofit).'
2. Eligible Activitieg
These loan funds are not a substitute for private financing or financing that is available to the firm
from other government -supported programs such as the Small Business Administration or the
Washington State Linked Deposit Program. The underlying policy is: these funds will fill credit
gaps.
The loans under this program will generally be under 550,000, with the emphasis on loans under
S25,000. Loan funds can be requested for start-up costs, inventory, purchase of equipment, real
estate (including remodeling and facade improvements), working capital, assistance in securing
contractor bonding, and technical assistance in such areas as marketing, accounting, management,
and others.
3. Ineligible Activitie&
Borrower needs that are unrelated to growth of the business (examples: refinancing equity, -existing
loans, or past due payables Qr funding past operating losses or taxes) are not eligible for ban funds.
Loans which improve the position of the another creditor are also generally not eligible.
D. METHOD OF FUNDING DISTRIBUTION
Applications for DLF funds under the Minority and Women -Owned Business Lending Initiative will be
evaluated by staff who, in turn, will make recommendations to the DLF Committee for approval or
denial based on the following guidelines:
1. Need for Assistance --the assistance requested is "appropriate" for the project.
2. Job Creation—permanent jobs created or retained as a result of the project will be made available to
• low- and moderate -income persons.
3. Ability to Repay the Loan—the borrower and the business plan must demonstrate the business
venture is likely to be successful. To make this decision, the following factors will be considered:
-- The borrower has direct, successful experience in the business, has developed business skills in
at least some of the areas important to its success (such as production, marketing, and fiscal
management), and/or has developed skills important to this business venture through experience
in a responsible management position of another firm.
Pose 2of4
•
-- The borrower has prepared a well conceived, realistic pian for the boniness or its expansion that
shows the availability of working capital to sustain and support its growth.
— The borrower hu developed an on-going support program (such u management assistance, on-
going cowiseling, or other) to shore up areas in which he or she backs experience. This technical
assistance is an eligible loan expense.
— The borrower has a credit history that demonstrates the capacity to meet commitments. (Any
delinquency or default in the payment of taxes or charging offof debt win
disqualify tate appliaat).
— The borrower is current, or is opaating ander a plan, in Milling all state and Mend tax
requirements.
4. Financiall_Ri_is_k—the borrower must have ameaningful financial investment in the business. This can
be in the form of cash, equipment needed by the business that has been purchased by the borrower,
real property needed by the business venture, or other investments material to the business.
-- The amount of the borrower's investment will depend on the size of the vesture, the need for
working capital, and the financial circumstances of the borrower.
— If the borrower or business has liquid assets that are otherwise not committed or needed for
. working capital, they must be contributed to the project
5. Other Loans—if the project costs exceed $50,000, the borrower is responsible for seeking
participation from other loan sources in the financing of the project.
•
6. Security and Collateral --a security interest in all reasonable personal and business collateral will be
required. Examples of business collateral that will be considered to secure the loan include
equipment, real estate, and inventory.
-- All personal assets of owners with a 20 percent or greater interest hi the business must also be
made available to secure the loan, including homes.
— If all reasonable collateral available to the owner(s) and business have been pledged or offered as
security for the loan, lack of collateral will not disqualify the borrower.
-- Personal guarantees will be required for all persons or entities holding 20 percent or greater
ownership interest in the business.
E. LOAN TERMS
The following loan terms apply to DLF financing made available to certified businesses:
1. Loans may range from $5,000 to $100,000 with emphasis on smaller transactions.
2. If the project cost is over $50,000, participation by other loan sources must be maximized. .
Pqe 3 oto
3. Loan fees will include an application fee of $100. A loan fee of 3 percent of the loan amount is
payable at closing, with credit given for the application fee. The loan fee am be financed as part of
the loan so long as other financial participation requirements of the borrower have been met.
4. The interest rate is fixed at the rate determined by the loan committee, but not less than 4% per
annum, for direct loans.
S. Stepped payments and deferrals may be negotiated if justified by the particular circumstances of the
loan. = z
6. Repayment tarns wilt include:
— Loans for working capital may be repaid over a term of up to 5 years.
— Loans for equipment maybe repaid over a term of up to 10 years.
— Loans for real estate maybe repaid over a term of up to 15 years.
— Loans with a repayment term of over 5 years may have a balloon clause that will allow for
adjustment of the loan's interest rate and encourage refinancing in the commercial market if
possible.
F. USE OF DLF MINORITY AND WOMEN -OWNED BUSINESS LENDING INITIATIVE
PROGRAM REVENUES
required to makeprincipaland
Businesses receiving assistance through this DLF lending initiative are
interest payments. Up to two percent of program income, including principal, interest; and investment
earnings received by the fund, may be used for DLF Program administration. The balance of program
income will be made available for future loans through the DLF Program.
•
Page 4of4
ATTACHMENT C
APPLICATION PROCESS
PRE -APPLICATION ASSESSMENT
Applicant makes an appointment to meet with the Contractor Business Loan
Specialist prior to submitting an application, and a qualifications assessment is made
based on the following:
• The business concept.
• Probable use of funds.
• Preliminary review of most recent financial report.
• Possible collateral.
• The program fit (with specific eligibility requirement and HUD requirements).
• How to structure the proposal.
If the pre -application assessment results are positive, the applicant and the
Contractor will begin to prepare a loan application. There is no commitment at this
time to fund a loan. A record of this and future meetings will be kept.
LOAN APPLICATION
A. The loan application will include a minimum of the following:
Proprietorships/Partnerships
1. A signed and dated application which authorizes the Contractor to obtain the
applicant credit report.
2. A personal financial statement.
3. Past three years' personal tax returns, including all schedules.
4. Copy of partnership agreements, if applicable.
Corporations
1. A signed and dated application by the guarantor (the major stockholder(s) of
the corporation) which authorized the Contractor to obtain the guarantor's
credit report.
2. The last three years' profit and loss statements with balance sheets and the
most recent quarterly statement, if applicable.
3. The last three years' tax returns, including all schedules (business and
personal).
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B. Upon satisfactory review of the credit report and the basic financial information
submitted, the applicant will provide and, if necessary, receive assistance from the
Contractor to complete the following:
1. 24 -month cash flow projections.
2. Market and financial assumptions, with sources noted, for cash flow
projections in narrative form.
3. Statement of management abilities and experience.
4. A statement explaining current business management practices of the
applicant.
C. In addition, the following information may be required:
1. A lead bank "Letter of Intent" for loans over $50,000.
2. Franchise disclosure form and sample franchise agreement for a franchise
project.
3. A performance bond and an "assignment of proceeds and contract" for
construction projects.
4. A copy of the contract and an "assignment of proceeds and contract" for
contract financing (factor financing).
5. A letter of intent to lease.
Note: Other items may be requested at the discretion of the Contractor and receipt may be a
condition of approval or closing.
LOAN UNDERWRITING MEMORANDUM
Once the application is complete, the Contractor will prepare a loan memorandum. The
analysis in the loan memorandum will be based upon the following:
A. Analysis of the five C's of credit.
1. Character - analyze how credit has been handled in the past. Inquire as to
any criminal record. Any felony conviction related to financial matters may
disqualify an applicant.
2. Capacity - determine that the projections are reasonable and attainable, thus
giving the ability to repay.
3. Capital - analyze the equity invested.
4. Collateral - evaluate the collateral offered.
5. Conditions - analyze overall economic climate as it relates to interest rates
and inflation and market for the product or service.
Page - 2
(1k)agr/ attach c women's business.pm
B. Evaluate for HUD eligibility requirements (necessary and appropriate and
attainment of a HUD national objective).
C. Evaluate the lien search and the preliminary title.
LOAN APPROVAL
The Contractor's Loan Review Committee will meet monthly, or more frequently when
required, and consists of five members. The purposes of these meetings is to review loan
applications and to approve or deny loans. Members of the Committee will possess
experience in small business lending and be reflective of the general community.
A. A loan package is prepared by the Contractor and is then presented to the Committee
for approval, denial, or hold for more information.
B. A copy of each loan approval/denial of the Committee is then forwarded to the
Director of the City's Community and Economic Development Department.
C. Within a week of loan approval by the Loan Review Committee, a letter shall be
prepared by the Contractor outlining key loan terms. Within 30 days, a commitment
letter is prepared by Contractor for review and signature by City Manager and is
issued to the borrower listing all the conditions that must be met prior to closing and
disbursement.
D. Minutes of all Loan Review Committee meetings will be kept.
E. Any commitment made initiates the establishment of the loan file record. The initial
information recorded will include the amount of funds committed and the source of
commitment.
CLOSING
When the loan commitment letter is countersigned by the borrower and the Contractor has
certified all the loan conditions are met, the Contractor will prepare the closing documents
for execution by the borrower and/or the City Manager. The closing checklist is as follows:
A. Legal Documents.
1. Promissory Note.
2. Security Agreement.
3. Personal Guaranty(s) (if applicable).
4. Assignment of Leases and Rents (if applicable).
5. Subordination Agreement(s) (if applicable).
B. Perfection of Collateral
1. UCC -1.
2. Deed of Trust (if applicable).
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(lit)age attach c women's business.pm
3. Title Policy (if applicable).
4. Vehicle Title and Registration (if applicable).
5. Collateral Insurance.
6. Appraisal (if applicable).
C. Support Documents
1. No Adverse Changes (current financial statement).
2. Borrowing Resolutions.
3. Opinion of counsel.
4. Proof of Taxes Paid and Licenses Current.
D. Compliance Forms
1. Jobs Contract (if applicable).
2. Environmental Review (if applicable).
When all necessary closing documents have been obtained/executed and the closing is
complete, the Contractor will:
A. Request and obtain a check from the City that is issued jointly to the Contractor and
the borrower for the loan amount (if multiple disbursements are part of the loan
agreement, thendisbursements will be made in accordance with the terms of the
Commitment Letter).
B. Execute the joint loan check with borrower and disburse loan proceeds to borrower
less the loan fee and any reimbursement of closing costs which shall be retained by
the Contractor.
C. File all collateral perfection with the appropriate authorities.
D. Forward the originals of all loan documents to the City Clerk's office for safekeeping.
SERVICING
After all loans are closed and disbursed, the Contractor will:
A. Maintain a loan filing system, using standard department format.
1. Applications.
2. Closing Documents.
3. Approval and Analysis.
4. Servicing.
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(lk)agr/ attach c women's business.pm
5. Collateral and Perfection.
6. HUD -related Items.
B. Maintain a payment collection system.
1. Bill on the first of the month (quarter, annual, other) for payment on the
tenth of the month.
2. Record and determine application of payments.
3. Maintain payment histories.
4. Courtesy calls on the tenth day after payment due to remind of late penalty.
5. Late penalty applied if more than 15 days late.
6. If one payment late, phone and/or site contact to be made.
7. If two payments late, appropriate action will be taken to determine a plan to
bring the loan current.
8. If three payments are late, the Contractor shall prepare a letter of
transmittal to the City Community and Economic Development Director
outlining the situation, steps taken to collect thus far, and stating the amount
outstanding.
9. Propose to the City Community and Economic Development Director all loan
modification terms.
10. Maintain record of all borrower contacts.
C. Maintain tickler files for date -sensitive compliance items.
1. UCC -1.
2. Insurance.
3. Jobs Report.
4. Annual Financial Statements.
5. Annual Site Visits.
6. HUD Close-out form D.: Compliance Reports and Action.
a) Jobs Report - Quarterly report form (mailed two weeks after the end of
the quarter, due back within another two weeks) demonstrating
completion of progress toward completion of the Jobs Contract.
b) Upon completion of the Jobs Contract, Planning and Development staff
completes the HUD Close-out Form.
Page - 5
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c) Request for semiannual, in-house financial statements mailed two
weeks after the end of the half year due back within another two
weeks.
d) Requests for annual financial statement mailed on March 1 due back
by May 1.
e) Annual site visits are performed after receipt of annual fmancial
statement. Site visit report filed by the Contractor within two weeks
of visit. The Contractor, if needed, can substitute at their discretion
other visits to the site for this purpose.
f) UCC's, if needed, are to be renewed before the date of expiration.
ADMINISTRATIVE PROCEDURES
A. The Contractor will provide a quarterly report to the City Community and Economic
Development Director summarizing the:
1. Monthly collections.
2. Problem collections.
3. Loan Activity.
4. Interest earned on account where loan payments are deposited.
B. Cash Management Practices:
1. Establish and maintain an interest-bearing checking account at a local bank.
The account shall have two signatories required for checks.
2. Deposit daily, or no later than the day after receipt, all loan payments in this
account.
3. Disburse from this account all loan proceeds.
Page - 6
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.BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting Of 9/7/99
ITEM'1'11LE: Consideration of Resolution authorizing a contract with the Washington
Association of Minority Entrepreneurs (WAME) to administer the City of Yakima Women &
Minority Initiative Revolving Loan Fund.
SUBMITTED BY: William R. Cook
Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Vaughn McBride
Community Development Specialist/575-6101
SUMMARY EXPLANATION: Authorization to accept City's contract with the Washington
Association of Minority Entrepreneurs (WAME) to administer the City of Yakima Women &
Minority Initiative Revolving Loan Fund; with the following amendments:
1. The City increase the available loan capital of $50,000 by an additional $50,000 to
provide a total loan capitalization pool of $100,000;
2. Contract include language which more clearly defines "eligible applicant" to ensure that
loan monies disbursed are given to applicant's operating businesses within City of
Yakima boundaries;
3. Amend contract language to allow for the use of Community Development Block Grant
(CDBG) monies as a match for a $300,000 capitalization grant to WAME from the
Department of Commerce, Economic Development Adnunistration (EDA); and
4. Provide supplemental funding of $12,500 for marketing; technical assistance and
monitoring needed to adequately receive and process all loan applications in a timely
manner.
Resolution Ordinance Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City IGianager
STAFF RECOMMENDATION: APPROVAL
;t
BOARD RECQ MMENATION: Council Committee Economic Development has recommended
• approval.
COUNCIL ACTION: Approve Initial Offer
r
-
CONFIDENTIAL MEMORANDUM
DATE: June 29, 1999
TO: Bill Cook, Director of C:E.D. _
FROM: Tim Jensey, PA Financial Services
RE: WAME Audit Report
CC:
Per your request, I have reviewed the Washington Association of Minority
Entrepreneurs, (WAME) Audit Report. I made no discoveries that I feel are reportable,
except for $53,000 in in-kind services donated to WAME. Per follow-up investigations
with the in -charge auditor assigned to WAME, I was told that this represents time
donated without remuneration by WAME's Director Luz Gutierrez. This is in addition to
regular salaries and payroll taxes allocated to WAME's various grant projects, with no
allocation of this expense to the City's projects. It appears from the report that no money
or expense is being co -mingled. I also asked why a Federal A-133 Audit was not
performed, and was told that this audit was well under the $300,000 minimum receipts of
Federal funds requirement. Upon my own calculations, I determined this is correct. In
conclusion, I don't see any significant inconsistencies connected to this report. Let me
know if I can be of further assistance.
WASHINGTON ASSOCIATION OF
MINORITY ENTREPRENEURS
Financial Statements . and
Independent Auditors' Report
December 31, 1998 and 1997
Washington Association of Minority Entrepreneurs
Contents
INDEPENDENT AUDITORS' REPORT
FINANCIAL STATEMENTS.•
Statements of financial position
Statements of activities and changes in net assets
Statements of functional expenses
Statements of cash flows
Notes to financial statements
3
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INDEPENDENT AUDITORS' REPORT
Board of Directors
Washington Association of Minority Entrepreneurs
Yakima, Washington
We have audited the accompanying statements of financial position of Washington Association of
Minority Entrepreneurs as of December 31, 1998 and 1997, and the related statements of activities
and changes in net assets, functional expenses, and cash flows for the years then ended. These
financial statements are the responsibility of management. Our responsibility is to express an
opinion on these financial statements based on our audits.
We conducted our audits in accordance with generally accepted auditing standards. Those
standards require that we plan and perform the audit to obtain reasonable assurance about whether
the financial statements are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial statements. An audit also
includes assessing the accounting principles used and significant estimates made by management,
as well as evaluating the overall financial statement presentation. We believe our audits provide a
reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
financial position of Washington Association of Minority Entrepreneurs as of December 31, 1998
and 1997, and the changes in its net assets and its cash flows for the years then ended in conformity
with generally accepted accounting principles.
Yakima, Washington
March 26, 1999
•
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Statements of Financial Position
T 1
December 31,
1998 1997
Assets
CURRENT ASSETS:
Cash $ 11,710 $ 9.070
Restricted cash 54,881 3,194
Accounts receivable 6,391 3,463
Current portion of notes receivable 63.927 26.292
Total current assets 136,9109 42,019
INVESTMENTS.
Notes receivable, less current portion 180,891 134.024
$317,800 $176,043
Liabilities and Net Assets (Deficit)
CURRENT LIABILITIES:
- Accounts payable
Accrued liabilities
Total current liabilities
$ 13,826 $ 12,709
5,127 1.936
18,953 14,645
LONG-TERM DEBT 286.496 163.510
Total liabilities 305,449 178,155
CONTINGENCIES
NET ASSETS (DEFY IT):
Net assets (deficit), unrestricted
See accompanying notes to financial statements.
12.351 (2.112)
$ 317,800 $176,043
3
Washington Association of Minority Entrepreneurs
Iements of Activities and Changes in Net Assets
Years Ended
December 31.
1998 1997
REVENUE:
CTED grant $145,171 $ 87,637
USDA grant 69,123 129,072
City of Yakima - CHDO 7,000
City of Yakima - MWBLIRLF 10,747
Loan fees 1,384 12,910
Other grants and contracts 13,646 6,016
Contributions, banks 6,000 12,500
In-kind contributed services 53,000 52,913
Interest income 22,052 9,761
Rent revenue 4,800 4,800
Other revenue 1.184 1.245
Total revenue 334,107 316.854
7NSES:
CTED 178,772 114,027
USDA 85,919 123,491
City of Yakima - CHDO 9,155
City of Yakima - MWBLIRLF 12,966
Other programs 10,537
Administration 22 295 73.093
Total expenses 319.644 310.611
INCREASE IN UNRESTRICTED NET ASSETS
UNRESTRICTED NET ASSETS (DEFICIT):
Beginning of year
End of year
See accompanying notes to financial statements.
14,463 6,243
(2.112) (8.355)
$ 12,351 $ (2,112)
4
VY aauington 'Association o1 iviutol n.y i iuu' a pi euv::f v
Statement of Functional Expenses
Advertising
Audit fees
Bank service charges
Credit reports
Dues and subscriptions
Supplies
Tn-1[in Cervices
Insurance, liability
Insurance, medical
Licenses and permits
Loan closing expenses
Loans made
Miscellaneous
Office expenses
Outside services
Payroll taxes
Postage
Printing -
Rents
Repairs, building
Repairs, equipment
Salaries
Staff development
Telephone
Travel and lodging
Utilities
Other
Totals
Year Ended December 31, 1998
City of City of
Yakima Yakima Other
CTED USDA CHDO MWBLIRLF J roerams Administration Total
$ 396 $ 396 $
8.328
118
349
261
1,814
15,000
956
180
230
714
75,329
356
2,268
4,661
6,605
459
86
3,860
824
320
49,657
1,961
1,462
1,734
601
243
20 $ 30 $ 59 $ 89 $ 990
- 8,328
118 6 9 18 27 296
20 - 150 40 74 633
261 13 20 39 59 653
- - - 1,814
1.3.000 1,060 1,590 3,180 19,170 53,000
956 48 72 143 215 2,390
180 9 13 27 40 449
60 - 290
17 731
46,714 10.219 - 132.262
356 18 27 53 82 892
2,268 113 170 340 510 5,669
6,333 7,000 2,234 20,228
800 - 97 262 7,764
459 23 34 69 103 1,147
86 4 6 13 19 214
3.860 193 290 579 869 9,651
824 41 62 124 185 2,060
inn 24 48 77 800
JLV 16
6,262 - 991 56,910
- 193 2,154
1,462 73 110 219 329 3,655
400 476 - 1,945 4,555
601 30 45 90 135 1,502
243 12 18 36 55 607
S178,772 $ 85,919 $ 9,155 $ 12.966 $ 10,537 $ 22,295 $319,644
See accompanying notes to financial statements.
5
Washington Association of Minority Entrepreneurs
'tement of Functional Expenses Year Ended December 31, 1997
City of City of
Yakima Yakima Other
CTED USDA CHDO MWBLIRLF Proerams Administration Total
Advertising $ 912 $ - $ $ $ $ - $ 912
Audit fees 2,150 2,150
Bank service charges 207 180 y 387
Credit reports 622 34 656
Dues and subscriptions 51 5I
Equipment 40 135 175
In-kind services 52,913 52,913
Insurance, Liability 1,771 516 2,287
Interest 1,204 1,204
Licenses and permits - 146 146
Loan closing expenses 745 745
Loans made 60.755 85.000 300 146,055
Office expenses 1,880 1,880
Outside services 5,926 8,000 4,479 18,405
Payroll taxes 5,885 7 5,892
Postage 827 235 1.062
Printing 117 - 117
Re ." -q -- 3,050 2,400 2,950 8,400
I s, building - - - 1,177 1,177
Rtpairs, equipment 35 35
Salaries 22,261 26,969 49.230
Staff development 1,744 40 1,258 3,042
Telephone 2,597 2,019 4,616
Travel and lodging 3,916 1,082 970 5,968
Utilities 319 1,068 1,387
Other 1.163 556 1.719
Totals $114,027 $123,491 $
See accompanying notes to financial statements.
$
$ 73,093 $310,611
6
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Statements of Cash Flows
Increase (Decrease) in Cash
CASH FLOWS FROM OPERATING ACTIVITIES:
Cash received from public support
a.,a-3n F 44,1k4 scr as Fp 1,,A Qaa'. sala}�a�a '
Interest received
Net cash provided by (used in) operating activities
CASH, BEGINNING OF YEAR
CASH, END OF YEAR
Reconciliation of Increase in Unrestricted Net Assets
to Net Cash Provided by (Used in) Operating Activities:
Increase in unrestricted net assets
Adjustments to reconcile increase in unrestricted net
assets to net cash provided by (used in) operating activities:
Increase in accounts receivable
Increase in notes receivable
Increase in accounts payable
Increase (decrease) in accrued expenses
Increase in revolving loans payable
Decrease in deferred revenue
Total adjustments
Yearc Ended
December 31,
1998 1997
$224,627 $145,523
!1[17 147\ f 1 Q')otl
k!JZ,JJL) +fid., JO,6,7! f
22.052 9.760
54,327 (53,008)
12,264 65,272
$ 66.591 $ 12,264
$ 14.463 $ 6,243
(2,928) (1,255)
(84,501) (160,316)
1,117 12,709
3,191 (10,144)
122,985 163,510
_163,251)
39,864 (59.251)
Net cash provided by (used in) operating activities $ 54,327 $ (53,008)
See accompanying notes to financial statements.
7
Washington Association of Minority Entrepreneurs
Notes to Financial Statements
NOTE 1 — ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES:
Organization:
The Washington Association of Minority Entrepreneurs (WAME) is a not-for-profit entity whose purpose is to
provide business assistance services to the low and moderate income population. Primarily, WAME assists new
and emerging businesses in obtaining loans and with basic business skills training.
A significant portion of funding for the Organization has come from a grant from the Washington State
Community Trade and Economic Development Block Grant, passed through the City of Sunnyside, and a Rural
Business Enterprise Grant from the Rural Development Division of United States Department of Agriculture.
The continued viability of the Organization is dependent oncontinuedsupport from these or similar agencies.
Summary of Significant Accounting Policies:
a. Income taxes — WAME is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue
Code.
b. .Use of estimates — The preparation of financial statements in conformity with generally accepted
accounting principles requires management to make estimates and assumptions that affect the reported
amounts of assets and Iiabilities and disclosure of contingent assets and liabilities at the date of the
financial statements as well as the reported amounts of revenues and expenses during the reporting period.
Actual results could differ from those estimates.
c. Basis of presentation — WAME has adopted Statement of Financial Accounting Standards (SFAS) No.
117, "Financial Statements of Not -for -Profit Organizations." Under SFAS No. 117, WAME is required to
report information regarding its financial position and activities according to three classes of net assets:
unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets.
WAME has also adopted SFAS No. 116, "Accounting for Contributions Received and Contributions
Made." Under SFAS No. 116, contributions received are recorded as unrestricted, temporarily restricted,
or permanently restricted support depending on the existence and/or nature of any donor restrictions.
The Organization records certain contributed services performed by its professional staff as in-kind
contributed services. The Organization measures the value of these services by comparable wage
estimates.
d. Cash and cash equivalents — For purposes of the statements of cash flows, the Organization considers all
highly Iiquid debt instruments purchased with a maturity of three months or less to be cash equivalents.
e. Change in presentation — Certain amounts reported in the 1997 financial statements have been reclassified
to conform to the 1998 presentation with no effect on previously reported increase in unrestricted net
lssets.
8
Washington r ashti
Wington Association of Minority Entrepreneurs
Notes to Financial Statements
NOTE 2 — RESTRICTED CASH:
Restricted cash is comprised of the following:
Revolving loan fund
December 31,
1998 1997
$ 54,881 $ 3,194
These mnniPs are restricted for loans to new and emerging small businesses throughout the Lower Yakima
Valley.
NOTE 3 — NOTES RECEIVABLE:
The Organization has entered into an agreement with the Department of Community, Trade and Economic
Development and the United States Department of Agriculture to make loans to new and emerging small
businesses throughout the Lower Yakima Valley. Principal payments from the loans are restricted to new loans
in the future. Interest from the loans may be used as revenue to the agency. Loans under this program are
ill. rl�ea in five Tr.+ere..+ for +L.. I,....... L........7 _l.. 7 the
of generally uue in five years. uuclwL rates 1V1 1116 ivati� are uaJGu on pritlle plus J pGII:GIlL at LIIG time UI LIIG
loan. The original funds to start the revolving loan fund were obtained from a grant. The funds were received
interest free and are not subject to recovery unless the Organization defaults under its representation
agreements. At December 31, 1998 and 1997, the amounts secured from the granting agencies were $286,496
and $163,510, respectively. All loans are fully collateralized, and management expects all loans to be paid on
time and in full. Proceeds from loans are restricted to be reloaned as part of the revolving fund.
NOTE 4 — OPERATING LEASE:
WAME leases 1,500 square feet of office facilities from an unrelated party. The agreement is for five years
beginning November 1, 1994. Current annual lease payments are $9.000. Rental payments are renegotiated on
each anniversary date, and increases are based on the Consumer Price Index for Urban Consumers for Western
Type "C" Cities.
Future minimum lease payments are as follows:
Year Ending
December 31. Amount
1999 _ $ 8,000
9
Washington Association of Minority Entrepreneurs
-tes to Financial Statements
NOTE 5 — CONTINGENCIES:
Grant expenditures are subject to approval of the contracting agency. To be eligible for reimbursement of
expenditures made under federal programs, WAME must comply with regulations established by the granting
agency. Noncompliance could result in disallowed costs and a liability for reimbursements received.
Management believes that it was in compliance and such amounts, if any, will be immaterial.
NOTE 6 — YEAR 2000:
Like all entities, the Organization is exposed to risks associated with Year 2000 dating problems which affect
computer software and hardware; transactions with customers, vendors, and other entities; and equipment
dependent upon microchips. The Organization has begun but not yet completed the process of identifying and
remediating potential Year 2000 problems. It is not possible for any entity to guarantee the results of its own
remediation efforts or to accurately predict the impact of Year 2000 dating problems on third parties with which
the Organization does business. If remediation efforts of the Organization or third parties with which the
Organization does business are not successful, it is possible the Year 2000 dating problem could negatively
impact the Organization's financial condition and results of operations.
10
June 3n, 1998
TO: Bill Cook
Office of Neighborhood �/i�ousing
FR: Luz Bazan Gutierre
President & CEO
RE: Quarterly Report (Jan -March 98)
Minority & Women Lending Initiative (MWLI)
During the first quarter of 98, WAME was involved in trying to set up the program. The City of
Yakima had chosen not to participate for the $50,000 available for 95 & 96. After many meetings
with the Department of Community Trade & Economic Development (DCTED) a contract with
the state was finalized by the City of Yakima sometime in early January. The contract with
WAivIE as the subrecipient was approved by the City Council on January 20, 1998.
Due to the relatively small amount of funds available and who the target maket was, the
marketing that was done primarily with making presentations to existing business groups and
minority organizations. Presentations were made to the Hispanic Chamber of Commerce, Black
Business Group, Westside Merchants Association, Chamber of Commerce and Chicano/Latino
Coalition. A press release was also submitted to the media including the Spanish Speaking press.
During the first three months, WAME received 21 inquiries. Once an inquiry was received, a
letter with the fart program and documentation needed
---- sheet about the was mailed setting up a
one hour session for consideration. Of the 21 inquiries, only two followed up with required
documentation and followed through with the complete application. Also included in the packet
was the State Certification Application for their review and completion.
One loan package was finalized during the first quarter of 1998. Carlos Cruz, dba Cruz Electric
was in process for the Lower Valley Yakima Valley Microenterprise Revolving Loan Fund. Since
the City of Yakima's program had been in limbo for two years, WAME began the processing of all
his paperwork to conform with the City of Yakima program. On February 20, the loan package
was submitted to the Loan Review Committee for approval and then on March 20,1998 it was
reviewed by the City of Yakima's Economic Development Committee. At that meeting Ms.
Gutierrez expressed concern about the need for the entire loan package (already approved by the
LRC) to be again scrutinized by the EDC. She felt this was adding another step to the approval
process which is what small businesses complain about. It was agreed that WAME would work
with staff on reviewing application to meet DLF requirements and that only a summary with a
checklist to cover all issues would be needed. Ms. Gutierrez also noted that State Certification
was in process for Mr. Cruz and was required before any loan funds could be disbursed. The
approval was made contingent on State Certification. No money had been collected at the end of
the first quarter.
The program is moving along with much time being spent on responding to inquries.
June 30, 1998
TO: Bill Cook
Office of Neighborhood Housing
�f
FR: Luz Bazan Gutierrez_
President & CEO
RE: Quarterly Report (April -June 98)
Minority & Women Lending Initiative (MWLI)
The MWMLI is continuing to move forward.
During the last three months, WAME has had over 24 inquiries. Advertisment has been done
within the regular Chamber of Commerce channels, i.e. newletter, Penny Press and minority
newspapers. Of those inquiries, only one followed up with the complete application process.
Per loan package checklist and staff recommendations, the $100 was collected from Mr Cruz on
April 14. A loan WAME/Yakima City RLF account was set up at Central Valley Bank . The only
expense made was the ordering of checks for the account. There has been no financial activity.
The status of the loan applications in process are as follows:
Carlos Cruz, dba Cruz Electric, a new business, was the first loan package approved contingent
on certification by the Office of Minority & Women Enterprises (OMWBE). As of June 15, 1998,
Mr. Cruz had yet to receive his certification. He now has lost his current administrator and is
seeking a new person. The State has requested that he get a new administrator before they
complete his certification process. This has caused the delay in the loan disbursal. (Copy of letter
to Mr. Cruz) That loan cannot be disbursed until State Certification is acquired. To date 23 hours
of technical assistance have been spent on this loan package.
Shelby Stiveley, dba Pet Lover's Emporium, an existing business, was processed by WAME
staff. The package was processed during the last three months. It was staffs decision that State
Certification would be accessed before presenting to the City Economic Development Committee
since this was paramount to the access of funds. The certification was submitted by the owner
with assistance by WAME staff in early April. On May 27, 1998 the state responded and denied
the certification based on the fact that she was not 51% owner of the business. This denial has
been appealed by owner.To date 9 hours of technical assistance have been spent on this loan
application.
Based on discussion with the City staff, it was agreed that we should focus on business already
certified and continue to work on certifying other also. WAME staff is working with minority
and women contractors in the building trades as possible a souce of referrals; however, based on
previous experience in working with contractors, this is a higher risk group.
October 31, 1998
TO: Bill Cook
Director, Community & Economic Development'
FR: Luz Bazan Gutierrez
President & CEO
RE: Quarterly Report (Sept -Oct 98)
Mirinrity Ri W rwn .n T enr#ina Tnitigive (MWS Tl
The third quarter report is as follows:
Cruz Electric Loan Booked/ September 98
28 Information packet mailed out.
4 loans in progress/2 to be presented to loan committee
MWBE Certification in Process
Nov 5 --Reyes Alvarez, dba Amigo Gardener $20,000
Ernesto Gonzalez, dba Gonzalez Construction $16,074
Nov 10--Gildardo Cuevas, dba Gil's Painting
Cheryl Kelley, dba High Point Excavation
In addition, the Economic Development Administration (EDA) awarded $300,000 to WAME
for bigger loans. A 25% financial match is needed to access the full amount. Several banks are
committing to the program. In addition, we have requested the City staff review the need to
change contract for the Minority & Women RLF so that City of Yakima money can be used as a
match. The City needs to take action on this ASAP but no later than January 15, 1998 so that all
monies can be accessed. A press conference will be held at this time.
CITY OF YAKIMA MINORITY AND WOMEN LOAN PROGRAM
LOAN REVIEW COMMITTEE
2/20/98
Frank Tamez
Auto Max
1701 S. 1st Street
Yakima, WA 98901
Dick Maison
Central Valley Bank
301 W. Yakima Ave
Yakima WA 98902
Barry Laws
Home Security Bank
315 N. 2nd Street
Yakima, WA 98901
Sc"en Jensen
Key Bank
P.O. Box 136
Yakima, WA 98907
Polo Aquilera
La Petuna
1402 S Fair Ave
Yakima, WA 98901
453-9399
453-1172 L— X17
457-0706
575-6745
248-8731
WANIE
`,ton Ass°
September 1, 1999
Bill Cook
Director
Community & Economic Development
City of Yakima
129 N. Yakima Ave.
Yakima, Wa. 98901
Dear Mr. Cook:
0
IAlarm
The WAME Board of Directors has reviewed and approved the new contract between City of
Yakima and WAME which allows WAME to serve as the subrecipient of the contract for
administering the DLF Minority and Women Lending Initiative. The new contract will allow us to
utilize the $50,000 loan capital as match for an EDA grant that well serve to expand the loan pool.
We are anxious to get this contract approved so that we can increase the number of loans for City
of Yakima businesses, since approximately half of the inquiries we receive are from within the
City of Yakima.
President & CEO
cc: Mayor Pucinelli & Eco. Dev. Conn.
Board of Directors
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24 S LJ Awwe
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MMO11-1131
Paz: 0.11) 4534145
RESOLUTION NO. R-99-115
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an Agreement with the Washington Association of Minority
Entrepreneurs, Inc., a nonprofit corporation, for the purpose of
administering, managing, and overseeing Yakima's participation in a
Development Loan Fund Program.
WHEREAS, in 1998 the City reserved $50,000 in Community Development Block Grant
("CDBG") funds for a Development Loan Fund Program ("DLF Loan Program"); and
WHEREAS, the purpose of the DLF Loan Program is to assist with the expansion and
start-up of minority and women -owned businesses through low interest loans; and
WHEREAS, the City requires careful administration, management and oversight of its
participation in the DLF Loan Program; and
WHEREAS, the City contracted with the Washington Association of Minority
Entrepreneurs, Inc. ("WAME"), to provide these services in 1998; and
WHEREAS, the City has an additional $50,000 in CDBG funds available for use in the
DLF Loan Program during 1999; and
WHEREAS, WAME is willing to continue to provide the City with DLF Loan Program
administration, management and oversight in accordance with the terms and conditions of the
attached Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
enter into an Agreement with WAME in accordance with the terms and conditions of the
attached Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Agreement with the Washington Association of Minority
Entrepreneurs, Inc., a nonprofit corporation, for the purpose of administering, managing, and
overseeing Yakima's participation in the Development Loan Fund Program.
ADOPTED BY THE CITY COUNCIL this 7th day of September, 1999.
S/ JOHN PUCCINELLI
ATTEST: John Puccinelli, Mayor
NI EATn
City Clerk
(1k)res/WAME loan process/99/pm
Cor)i;'ied to be i9 i'ru l and corr::..s
ori ;)nai filhd in my c,fFicz.
CITY CLERK