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
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EAGAN ECONOMIC DEVELOPMENT
AUTHORITY
Dated: ________________ By _________________________________
Its ________________________________
By _________________________________
Its ________________________________
Notice Address:
3830 Pilot Knob Road
Eagan, MN 55122
Attn: ______________________________
Joint Powers Agreement
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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
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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
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CITY OF MENDOTA HEIGHTS
Dated: _______________ By _________________________________
Its ________________________________
By _________________________________
Its ________________________________
Notice Address:
1101 Victoria Curve
Mendota Heights, MN 55118
Attn: ______________________________
Joint Powers Agreement
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APPLE VALLEY ECONOMIC DEVELOPMENT
AUTHORITY
Dated: __________________ By _________________________________
Its ________________________________
By _________________________________
Its ________________________________
Notice Address:
7100 147th Street W.
Apple Valley, MN 55124
Attn: ______________________________
Joint Powers Agreement
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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
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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
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ROSEMOUNT PORT AUTHORITY
Dated: _________________ By _________________________________
Its ________________________________
By _________________________________
Its ________________________________
Notice Address:
2875 145th Street
Rosemount, MN 55068
Attn: ______________________________
Joint Powers Agreement
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FARMINGTON ECONOMIC DEVELOPMENT
AUTHORITY
Dated: ________________ By _________________________________
Its ________________________________
By _________________________________
Its ________________________________
Notice Address:
430 Third Street
Farmington, MN 55024
Attn: ______________________________
Joint Powers Agreement
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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
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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