Loading...
HomeMy WebLinkAbout5.a. Open to Business Contract EXECUTIVE SUMMARY Port Authority Date: March 16, 2021 AGENDA ITEM: Approval of Open To Business Joint Powers Agreement AGENDA SECTION: New Business PREPARED BY: Kim Lindquist, Deputy Director AGENDA NO. 5.a ATTACHMENTS: Joint Powers Agreement, Dakota County Resolution APPROVED BY: LJM RECOMMENDATION: Approve Joint Powers Agreement between Dakota County CDA and the City of Rosemount relating to Open to Business Program. ISSUE The City has participated in the Open to Business (OTB) program for several years. The most recent contract was for a 3-year period. However, more recently there has been some turnover in the personal providing the County service and we are now moving to a 1-year contract. Later in the year, staff plans on have our County OTB representative Natalie Mouilso come and introduce herself at a future Port meeting. The Port budget takes into consideration the City’s share of the program, which is $4,500. This agreement is consistent with previous agreements approved by the Port Authority. CONCLUSION Staff recommends approval of the 1-year Open to Business Joint Powers Agreement. Joint Powers Agreement JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this “Agreement”), is made as of March 2, 2021, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the “CDA”), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “State”), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a “Local Government Entity” and together the “Local Government Entities”), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non-profit corporation (“MCCD”) to undertake the “Open To Business Program” (the “Program”) within Dakota County (the “County”). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. Joint Powers Agreement 2 (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the “Agreement”) to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor the any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. Joint Powers Agreement 3 Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2021. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [Remainder of page intentionally left blank] Joint Powers Agreement S - 1 IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Dated:_____________________ By _______________________________ Its Executive Director Notice Address: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Lisa Alfson, Director of Community and Economic Development Joint Powers Agreement S - 2 EAGAN ECONOMIC DEVELOPMENT AUTHORITY Dated: ________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 3830 Pilot Knob Road Eagan, MN 55122 Attn: ______________________________ Joint Powers Agreement S - 3 CITY OF BURNSVILLE, MINNESOTA Dated: _______________ By _________________________________ Its City Manager By _________________________________ Its ________________________________ Notice Address: 100 Civic Center Parkway Burnsville, MN 55337 Attn: City Manager Joint Powers Agreement S - 4 CITY OF LAKEVILLE, MINNESOTA Dated: __________________ By _________________________________ Its Mayor By _________________________________ Its City Clerk Notice Address: 20195 Holyoke Avenue Lakeville, MN 55044 Attn: Community and Economic Development Director Joint Powers Agreement S - 5 CITY OF MENDOTA HEIGHTS Dated: _______________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 1101 Victoria Curve Mendota Heights, MN 55118 Attn: ______________________________ Joint Powers Agreement S - 6 APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY Dated: __________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 7100 147th Street W. Apple Valley, MN 55124 Attn: ______________________________ Joint Powers Agreement S - 7 INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Dated: _____________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 8150 Barbara Avenue Inver Grove Heights, MN 55077 Attn: ______________________________ Joint Powers Agreement S - 8 HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY Dated: __________________ By _________________________________ Its:_________________________________ By _________________________________ John Hinzman Its Executive Director Notice Address: 101 East 4th Street Hastings, Minnesota 55033 Attn: Executive Director Joint Powers Agreement S - 9 ROSEMOUNT PORT AUTHORITY Dated: _________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 2875 145th Street Rosemount, MN 55068 Attn: ______________________________ Joint Powers Agreement S - 10 FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY Dated: ________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 430 Third Street Farmington, MN 55024 Attn: ______________________________ Joint Powers Agreement S - 11 SOUTH ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY Dated: __________________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 125 Third Ave. No. South St. Paul, MN 55075 Attn: Executive Director Joint Powers Agreement S - 12 WEST ST. PAUL ECONOMIC DEVELOPMENTAUTHORITY Dated: _____________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 1616 Humboldt Avenue West St. Paul, MN 55118 Attn: Executive Director Joint Powers Agreement A - 1 Exhibit A Contract for Services for the Open To Business Program Page 1 of 1 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY BOARD OF COMMISSIONERS Meeting Date: February 16, 2021 Resolution No. 21-6387 Motion by Commissioner Hamann-Roland Seconded by Commissioner Atkins Authorization To Enter Into One Year Participation Agreement For Open To Business Program WHEREAS, the Dakota County Community Development Agency (CDA) was granted the powers of an economic development authority in 2000 by Minnesota Law and an authorizing resolution adopted by the Dakota County Board of Commissioners (Resolution No. 00-543); and WHEREAS, the CDA in conjunction with the 11 largest cities in Dakota County launched the countywide Open To Business program in 2013 to provide business advisory services and access to capi tal to entrepreneurs and small businesses in Dakota County; and WHEREAS, the CDA and 11 cities have annually renewed participation in the Open To Business program since 2013, with the CDA as the fiduciary agent and administrator of the contract with Metro politan Consortium of Community Developers (MCCD) and joint powers agreements executed between each participating city and the CDA; and WHEREAS, the cost for the 2021 Open To Business program is $125,000; and WHEREAS, the CDA portion of the annual cost of the program is fifty percent (50%) match for each participating city, as well as covering the cost of serving the small cities and townships; and WHEREAS, the Open To Business program is consistent with the Economic Development Strategy and Guiding Principles adopted by the Dakota County CDA Board of Commissioners, in that it results from a collaborative approach; it is a response to a need for specialized expertise and economies of scale; it serves a need that is located in more than one community; and it is non-duplicative of other services. NOW, THEREFORE, BE IT RESOLVED by the Dakota County Community Development Agency Board of Commissioners, hereby: 1. Approves CDA participation in the Open To Business program for 2021 subject to particip ation of the Dakota County cities. 2. Authorizes the Executive Director to execute a contract with MCCD for an amount not to exceed $125,000/annually, of which the CDA’s portion of the fee shall not exceed $65,000, subject to approval by the County Attorney’s Office as to form. 3. Authorizes the Executive Director to execute a Joint Powers Agreement between the CDA and the participating cities, designating the CDA as fiscal agent for the contract with MCCD and requiring each city to submit a participation fee to the CDA, subject to approval by the County Attorney’s Office as to form. I, Sarah Jacobson, as designee of the Executive Director, pursuant to the Dakota County Community Development Agency bylaws, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Dakota County Community Development Agency Board of Commissioners, at their regular session held on the 16th day of February 2021, now on file in the in the CDA Administration Department, and have found the same to be a true and correct copy thereof. Witness my hand and official seal of Dakota County CDA this 19th day of February 2021. Administrative Coordinator Aye Nay Absent Abstain Slavik Gaylord Halverson Atkins Workman Holberg Hamann-Roland