HomeMy WebLinkAboutItem 10December 14, 2012
Proposed Action
Overview
Item No.
JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA FOR THE
OPEN TO BUSINESS PROGAM
December 17, 2012 City Council Meeting
Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement
with the Dakota County CDA to implement the Open to Business Program.
Passage of this motion will result in the implementation of the Open to Business in partnership with
the Dakota County CDA, the Metropolitan Consortium of Community Developers (MCCD) and nine
other Dakota County cities in 2013.
This proposed program was first introduced by the Dakota County CDA at a meeting of City Economic
Development professionals and Chamber Executives in May of this year. Representatives of MCCD
that currently operate this program in Hennepin County made a presentation at this meeting. The
program provides technical assistance and access to capital for small businesses and potential
entrepreneurs.
This proposed new program was discussed by the EDC at their May and June meetings. The City
Council also discussed the program during a budget work session. The proposed cost to operate the
program in the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights,
Lakeville, Rosemount, South St. Paul, and West St. Paul as well as the small cities and townships is
$130,000. MCCD plans to hire a new full -time person to work exclusively in Dakota County.
The CDA proposes to fund 50% of the cost with the participating cities funding the remaining 50 %.
The City of Lakeville's share would be $7,500. This amount is proposed to be funded from the City's
Economic Development Fund and is included in the proposed 2013 Budget. Staff recommends
approval of the Joint Powers Agreement for the Open to Business program as it will resulting in
another tool in the City's tool box of incentives to help grow businesses in our community.
Primary Issues to Consider
• Is the recommended funding for the new program appropriate? As discussed during the
Council Budget Work Session, this is an appropriate use of the Economic Development fund.
Supporting Information
• Joint PoweeAgreemen ith the Dakota County CDA for the Open to Business Program
avid L. Olson, Community and Economic Development Director
Financial Impact: $ $7,500 Budgeted: Y/N Y
Source: Economic Development Fund Related Documents:
R I� rt Fquip
"I gained so much from it and feel better
equipped to now organize the needed
information to complete the business
plan phase."
Susan Piazza
Piazza Designs
"You answered a few weeks' worth of
questions in a few minutes. You offer a
priceless service of solid information."
Kerry Dikken
Blasted Art, Inc
TMCCD
Metropolitan Cerrorlfum
of Corm -nom, r)e.elopent
Open to Business is a program of MCCD in partnership
with Hennepin County Housing and Redevelopment
Authority
3137 Ch oAve u eSout
Minneapolis, MN 55407
www.opentobusinessmn.
Thank you fo. "Mowing businesses who contribute loan
cap al and nantetng support
For more information or to get started, call
(612) 789 -7337 ext 21, or email
info opentobusinessmn.org
TO BUSINESS
Need a Trusted Advisor?
A Free
FS iness
Consultant?
o Start
e nd Your Business?
Open to Business Loan
Program
Direct loans range up to $25,000 for
startups, larger loans/packages are available
for established businesses.
Loan repayment terms on direct loans of up
to $25.000 generally range from three to five
years.
"J just want to thank MCCD. Without
their help in obtaining financing we
wouldn't have been able to purchase
our building and expand our business
to the level it is at today."
MarkAune
A&A Millwork
"Without MCCD% help our business
would not have been possible. More
than an organization that provided
loans, MCCD is a financial partner in our
business."
Noelia Garcia
La Lana Tamales, LLC`
We Provide Assistance in
the Following Areas:
Financial management
What are cashflow projections and why are
they important?
Bookkeeping set-up and training
How do I keep track of sales and expenses?
Loan packaging
For any size loan, start up or expansion
projects.
What are the document requirements I need
to get a loan?
Business plan assistance
Do ) need a business plan? If so, what do I
include in it?
Real estate analysis
Should l rent or own my business space?
Marketing assistance
Who are my customers and how do I reach
them?
strategic planning
How do I evaluate and manage growth?
Business regulations
What licenses or permits do
How do get them?
We Help You Answer the
Following Questions:
How much dot need to borrow?
Would a term loan or a line of credit work
best for me?
How can 1 finance this business with very
tittle equity and poor credit?
Why does keeping good financial records
help ensure mysuccess?
What other funding sources are available to
me?
What if my stall up expenses are more than
1 projected?
Open to Business provides one on one
business counseling to current and
prospective entrepreneurs. Our consultants
work with you to develop a strong business
plan, identify challenges and opportunities,
and to tailor solutions. In addition to direct
consulting, Open to Business program staff
can link entrepreneurs with additional
resources to help them succeed, including
training programs, community or
governmental services, and industry and
business professionals.
Well work with you to determine all of your
capital needs, and we can help you identify
and apply for financing that meets those
needs.
Finance & Commerce > Print > Open to Business caters to mom - and -p...
l of 2
Finance & Commerce
Open to Business caters to mom - and -pop entrepreneurs
by Mark Anderson
Published: December 10th, 2012
Lynh Huynh had been running her little
Vietnamese restaurant, Kim Anh's Pastries
and Deli, in Brooklyn Park for almost 15
years, and she knew was ready to grow.
She also knew that financing a move and
build -out of the new space she was eyeing
close by would be a challenge for her family
business and its five employees.
But she found a partner in Rob Smolund, a
small business counselor with the
Minneapolis -based Open to Business
program. Smolund helped Huynh put her
business under a microscope and get it ready
for expansion.
http: / /fmance- commerce. com/wp- content/plugins /tdc- sociable - toolbar...
http: / /finance - commerce.com
Lynh Huynh knew how to run a restaurant, but
coaching and credit from Open to Business and the
City of Brooklyn Park enabled her to expand her
business into a larger space and double her payroll.
(Staff photo: Bill Klotz)
"I already knew how to run the business, but
Rob helped me go through all the loan
paperwork, helped me see what additional
information I needed, where I made mistakes. He helped me plan for things I didn't know," Huynh
said.
All that prepping helped her obtain a $50,000 loan, funded equally by a city of Brooklyn Park small
business loan program and Open to Business's parent, the Metropolitan Consortium of Community
Developers.
Now, a little over a year after moving into its larger home, Kim Anh has doubled its payroll to 10
employees and is making money, Huynh said.
It's a story line that Open to Business has been creating for a growing number of businesses in the
last two years.
The program has grown from a service that the nonprofit MCCD has offered in Minneapolis for over
20 years. Smolund and his Open to Business partner, Lee Hall, provide technical advice, counsel,
and channel financing toward mom - and -pop businesses.
But since late 2010, MMCD has added another 15 cities to its client list in Hennepin County, and in
September it started serving small businesses and startups in Carver County.
The agency is negotiating now with Dakota County to serve cities there, and it's started
conversations with economic development officials in Coon Rapids.
That new turf has added a lot of business. Smolund said that in the first three quarters of 2012
Open to Business served 188 Hennepin County businesses (outside Minneapolis). That's up from
45 in all of 2010.
The impetus for that gain is a recognition that supporting very small businesses takes a lot of
specialized work and time, and many development agencies don't have that specialization.
"We knew that we had a service gap for small businesses," according to Carver County Economic
Development Director John Sullivan. County government had reduced its tax levy, forcing staffing
cutbacks, and Sullivan said he jumped at the chance to add expertise to his agency that he
couldn't otherwise afford.
12/13/2012 8:32 AM
Finance & Commerce > Print > Open to Business caters to mom - and -p... http: // fmance - commerce .com /wp- content/plugins /tdc- sociable - toolbar...
That's a common story, said Hall, who also is MCCD's director of finance.
"A lot of cities and counties have programs in place to support land development. They have TIF
financing to help build a plant or expand a larger scale business," Hall said. "But when it comes to
owner- operators, the entrepreneurs who might be able to fill an empty retail space, there's not
much help."
The centerpiece of the Open to Business program is advice. When cities join they get regularly
scheduled open business counseling sessions from Smolund and Hall. Businesses can set a time for
their meeting or just drop in.
Some of those consultations may go no further, but for businesses that are ready to develop an
expansion plan Smolund said he often spends up to 40 hours or more coaching and encouraging.
All the sessions are free to the entrepreneurs. In Hennepin County, each city pays MCCD annual
retainer fees of $10,000 to $20,000, half of which the county compensates. Carver County's cities
and fees are much smaller, and the county picks up the tab.
Financing sometimes comes as a small direct loan from MCCD programs funded by state, federal or
private investment sources. Frequently, MCCD's contributes just a portion of the financing, taking
on enough risk to make a bank comfortable with the larger loan.
Lending has grown along with the client count. MCCD is on pace to contribute close to $2 million
by the end of the year, up from $800,000 loaned in 2011. Hall said each of MCCD's loan dollars is
attracting another $3 in private equity or bank loans.
Hall said interest rates on his loans are set slightly above bank loans, but always below 10 percent.
"We want to make sure credit is available, but we aren't in business to take loans away from
banks."
They are in business to help those business clients get stronger and add jobs, and Smolund said
his clients have added or retained 70 jobs in Hennepin County during the first nine months of
2012.
"We all need new businesses to be created," Sullivan said. "Before they can grow and become
huge they have to get started. And without access to capital none of that happens."
Open to Business: Getting busier
Year: Clients
2010: 45
2011: 172
2012: 188
(through Sept. 30)
Source: Metropolitan Consortium of Community Developers
Complete URL: http:/ /finance- commerce.com /2012/12/ open -to- business -of- minneapolis- caters -to- mom - and -pop-
entrepreneurs/
of 2 12/13/2012 8:32 AM
JOINT POWERS AGREEMENT
Open to Business Program
THIS JOINT POWERS AGREEMENT (this "Agreement "), is made as of December 1,
2012, 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 CITIES OF BURNSVILLE, AND LAKEVILLE, 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 HOUSING AND REDEVELOPMENT
AUTHORITY AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY,
MINNESOTA (together, the "Cities "), each, a municipal corporation organized and existing under
the laws of the State.
RECITALS:
A. In order to pursue common goals of fostering economic development, the CDA and
the Cities desire to engage the Metropolitan Consortium of Community Developers ( "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 Cities 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 Cities, each party does hereby represent, covenant and agree with the others
as follows:
Section 1. Representations. Each of the Cities 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.
(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
Joint Powers Agreement
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 Cities 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 Cities, 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 Cities 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 City without the prior
written consent of such City.
Section 4. Limited Liability. Neither the CDA nor the any of the Cities 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
Cities for costs associated with claims made against the Cities directly relating to actions taken
by the CDA, and (b) each of the Cities hereby indemnifies the CDA for costs associated with
claims made against the CDA directly relating to actions taken by such City. 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 Cities, 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 City 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.
Section 6. Term; Distribution of Property. This Agreement shall be in effect
throughout the term of the Agreement (as the same may be extended as provided herein). There
is no property which will be acquired by the CDA or any City pursuant to the Program which
would need to be distributed at the end of the term hereof.
9298589v1
2
Joint Powers Agreement
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.
9298589v1
[Remainder of page intentionally left blank]
3
Joint Powers Agreement
IN WITNESS WHEREOF, the CDA and the Cities 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.
Notice Address:
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
By
Its Executive Director
Dakota County Community Development Agency
1228 Town Centre Drive
Eagan, MN 55123
Attn: Andrea Brennan, Director of Community and Economic Development
S -1
Joint Powers Agreement
Notice Address:
20195 Holyoke Avenue
Lakeville, MN 55044
Attn: Community and Economic Development Director
CITY OF LAKEVILLE, MINNESOTA
By
Its Mayor
By
Its City Clerk
S -4
Joint Powers Agreement
EXHIBIT A
Contract for Services
for the
Open to Business Program
THIS AGREEMENT is dated December _, 2012 and is between the Dakota County
Community Development Agency ( "CDA ") and Metropolitan Consortium of Community
Developers ( "MCCD ").
WHEREAS, the CDA, on behalf of itself and the ten municipalities listed on Exhibit A hereto,
which each has a population over 10,000 (the "Municipalities "), wishes to engage MCCD to
render services under a model known as "Open to Business," an initiative providing small
business technical assistance services to existing businesses and residents and other parties
interested in opening a business within Dakota County (the "County ") (the "Initiative "); and
WHEREAS, MCCD has represented itself as competent to provide the services required to
administer and carry out the Initiative and has previous experience working with the Initiative;
and
WHEREAS, pursuant to CDA Resolution No. 12 -5128, adopted on September 18, 2012 (the
"Resolution "), the CDA is authorized to enter into this agreement with MCCD for the Initiative;
and
WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into
between the CDA and the Municipalities (the "Joint Powers Agreements "), the CDA will act as
fiscal agent for the Municipalities in connection with this Agreement;
WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the
Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the
small cities and townships within the County with populations of less than 10,000 people
( "Small Cities and Townships "), as further described herein and in Exhibit A; and
WHEREAS, pursuant to the Joint Powers Agreements, the Municipalities will be required to
pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing
the remaining 50% of the fee charged by MCCD for the Initiative in the Municipalities.
Now therefore, for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
TIME OF PERFORMANCE
The term of this Agreement and the period during which MCCD will provide services
hereunder will commence upon execution and delivery of this Agreement and will end on
December 31, 2013, subject to earlier termination as provided herein. MCCD will
perform services necessary to carry out the Initiative as promptly as possible, and with
the fullest due diligence.
9293870v3
COMPENSATION
Subject to reduction as provided below, the CDA will compensate MCCD for its services
hereunder an amount equal to One Hundred Thirty Thousand Dollars ($130,000)
( "Contract Amount "). The CDA will pay such amount in two equal installments, the
first no earlier than January 30, 2013 and the second no earlier than June 30, 2013, upon
receipt of invoices from MCCD. Subject to the limits above, payments will be due
within 15 days of receipt of the respective invoices. The portion of the Contract Amount
payable from Participation Fees will be payable by the CDA only from and to the extent
such Participation Fees are paid by the respective Municipalities.
In the event a Municipality fails to pay to the CDA its Participation Fee in amounts and
by the deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will
immediately cease the Initiative in that Municipality. Upon such termination, the
Contract Amount will be reduced by an amount equal to the Participation Fee which such
Municipality failed and the amount the CDA would have paid as a matching payment.
SCOPE OF SERVICES
MCCD will provide technical assistance to existing businesses, residents and those
parties interested in starting a business in any of the Municipalities and Small Cities and
Townships as further described on Exhibit B [and Exhibit C] attached hereto, which sets
forth the Dakota Open to Business Program Scope of Services.
REPORTING
MCCD will submit quarterly reports to the CDA in form and substance acceptable to the
CDA. Reports will provide information in the aggregate for the County and will include
a subreport for each Municipality and each of the Small Cities and Townships. Reports
will include the following information:
9293870v3
➢ Number of inquiries
➢ Hours of technical assistance provided
➢ Type of assistance provided
➢ Type of business
➢ Annual sales revenue
➢ Number of businesses opened
➢ Number of business expanded /stabilized
➢ Number and amounts of financing packages
➢ Demographic information on entrepreneurs
9293870v3
➢ Business address or resident address
➢ Number and wage of FTEs created
➢ Number and wage of FTEs retained
The required reporting schedule is as follows:
1 quarter January — March, report due April 30
2nd quarter April — June, report due July 31
3 quarter July — September, report due October 31
4 quarter October — December, report due January 31 of 2012
In addition to the foregoing, MCCD will provide additional reports as reasonably
requested by the CDA.
PERSONNEL
MCCD represents that it has, or will employ or contract for, at its own expense, all
personnel required to perform the services necessary to carry out the Initiative. Such
personnel will not be employees of, or have any contractual relationship with, the
County, the CDA or any of the Municipalities. No tenure or any other rights or benefits,
including worker's compensation, unemployment insurance, medical care, sick leave,
vacation pay, severance pay, or any other benefits available to the County's, the CDA's
or any of the Municipalities' employees shall accrue to MCCD or employees of MCCD
performing services under this agreement. The MCCD is an independent contractor.
All of the services required to carry out the Initiative will be performed by MCCD and all
personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State and local law to perform such work.
USE OF CDA OFFICE SPACE
The CDA will make available a cubicle space for MCCD personnel at the CDA office
building for use by MCCD in carrying out the Initiative. MCCD personnel will have
access to the CDA's meeting rooms, wireless internet service, copy machines and
printers. MCCD personnel shall comply with all CDA office rules and policies regarding
the use of CDA office space, equipment and internet access. If the CDA, in its sole
discretion, determines that MCCD Personnel have failed to comply with CDA office
rules and policies, MCCD Personnel will be required to vacate the CDA office and the
CDA will cease to provide MCCD office space to carry out the Initiative.
INTEREST OF MEMBERS OF THE CDA AND OTHERS
No officer, member, or employee of the CDA and no member of its governing body, and
no other public official or governing body of any locality in which the Initiative is
situated or being carried out, who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of the Initiative, will participate in the
decision relating to this Agreement which affects his/her personal interest or the interest
of any corporation, partnership, or association in which he /she is, directly or indirectly,
interested or has any personal or pecuniary interest, direct or indirect, in this Agreement.
ASSIGNABILTY
MCCD will not assign any interest in this Agreement, and will not transfer any interest in
the same without the prior written approval of the CDA.
COMPLIANCE WITH LOCAL LAWS
MCCD agrees to comply with all federal laws, statutes and applicable regulations of the
State of Minnesota and the ordinances of the Municipalities.
INSURANCE
MCCD agrees at all times during the term of this Agreement, and beyond such term when
so required, to have and keep in force the following insurance coverages:
9293870v3
1. Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate $2,000,000
Products — Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,500,000
Each Occurrence— Combined Bodily
Injury and Property Damage 1,500,000
2. Workers' Compensation and Employer's Liability:
Workers' Compensation
In the event that MCCD should hire employees or
subcontract this work, MCCD shall obtain the
required insurance.
Limits
Statutory
Employer's Liability. Bodily injury by:
Accident —Each Accident 500,000
Disease — Policy Limit 500,000
Disease —Each Employee 500,000
INDEMNIFICATION
MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the
Municipalities, and each of their respective officials, officers, agents, volunteers and
employees from any liability, claims, causes of action, judgments, damages, losses, costs,
or expenses, including reasonable attorney's fees, resulting directly or indirectly from any
act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by
MCCD or any of its subcontractors, and /or anyone for whose acts and/or omissions
9293870v3
MCCD may be liable in the performance of the services required by this Agreement, and
against all loss by reason of the failure of MCCD to perform any obligation under this
Agreement.
NOTICES
A notice, demand, or other communication under the Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid,
return receipt requested, or delivered personally; and
(a) In the case of MCCD, is addressed or delivered personally to:
(b)
Metropolitan Consortium of Community Developers
3137 Chicago Avenue South
Minneapolis, MN 55407
In the case of the CDA is addressed or delivered personally to:
Andrea Brennan, Director of Community and Economic Development
Dakota County Community Development Agency
1228 Town Centre Dr.
Eagan, MN 55123
or at such other address with respect to any party as that party may designate in writing
and forward to the other as provide in the Section.
MODIFICATION
This Agreement may not be modified, changed, or amended in any manner whatsoever
without the prior written approval of all the parties hereto.
NON - DISCRIMINATION
In connection with its activities under this Agreement, MCCD will not violate any
Federal or State laws against discrimination.
DEFAULT AND CANCELLATION
Failure of the MCCD to perform any of its obligations under this Agreement to the
satisfaction of the CDA will constitute a default hereunder.
Unless MCCD's default is cured within 15 days following notice by the CDA, the CDA
may (i) cancel this Agreement in its entirety by 5 additional days' written notice to
MCCD, or (ii) withhold payment from MCCD as long as such default continues.
MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County. Litigation, however, in the
9293870v3
federal courts involving the parties will be in the appropriate federal court within the
State of Minnesota. If any provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
9293870v3
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
By:
Executive Director
MCCD
By:
Printed Name:
Printed Title:
Date:
Municipality
Total Fee
CDA
Share of
Fee
Municipality
Participation
Fee
Participation
Fee Amount
Due 1/30/2013
Participation
Fee Amount
Due 6/30/2013
Eagan
$15,000
$7,500
$7,500
$3,750
$3,750
Burnsville
$15,000
$7,500
$7,500
$3,750
$3,750
Lakeville
$15,000
$7,500
$7,500
$3,750
$3,750
Apple Valley
$15,000
$7,500
$7.500
$3,750
$3,750
Inver Grove
Heights
$12,500
$6,250
$6,250
$3,125
$3,125
Hastings
$10,000
$5,000
$5,000
$2,500
$2,500
Rosemount
$10,000
$5,000
$5,000
$2,500
$2,500
Farmington
$10,000
$5,000
$5,000
$2,500
$2,500
South St. Paul
$10,000
$5,000
$5,000
$2,500
$2,500
West St. Paul
$10,000
$5,000
$5,000
$2,500
$2,500
Small Cities
and Townships
$7,500
$7,500
$0
$0
$0
Total
$130,000
$68,750
$61,250
$30,625
$30,625
Exhibit A
Municipality Participation Fee Schedule
9293870v3
Exhibit B
Dakota Open to Business Program Scope of Services
Open to Business ( "OTB ") Technical Assistance Services
MCCD will provide intensive one -on -one technical assistance to Municipality's and Small
Cities' and Township's businesses, residents and aspiring entrepreneurs intending to establish,
purchase, or improve a business in Municipalities and Small Cities and Townships within
Dakota County (the "County "). MCCD will dedicate one full time staff person based in the
County to provide the Technical Assistance Services ( "Dakota OTB Staff'). In addition, MCCD
will make available the expertise of all MCCD technical and support staff in the delivery of
services to Dakota Open to Business Program. Technical assistance includes, but is not limited
to, the following:
➢ Business plan development
➢ Feasibility analysis
➢ Marketing
➢ Cash flow and other financial projection development
➢ Operational analysis
➢ City and State licensing and regulatory assistance
➢ Loan packaging, and other assistance in obtaining financing
➢ Help in obtaining competent legal advice
MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various
Municipality city halls or at the client's place of business. MCCD Dakota OTB Staff will
provide technical assistance on a walk -in basis monthly in each Municipality, if requested.
MCCD will also hold two -hour "Test Drive Your Business Idea" sessions once a month in
various Municipality locations.
Open to Business Access to Capital
Access to capital will be provided to qualifying businesses through MCCD's Emerging Small
Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below).
MCCD also provides its financing in partnership with other community lenders, banks or
Municipalities interested in making capital available to residents and/or businesses in their
community.
9293870v3
Loan Amounts:
EXHIBIT C
Small Business Loan Program Guidelines
• Up to $25,000 for start-up businesses
• Larger financing packages for established businesses
• Designed to leverage other financing programs as well as private financing provided by
the commercial banking community.
Eligible Projects:
• Borrowers must be a "for- profit" business.
• Business must be complimentary to existing business community.
• Borrowers must have equity injection as determined by fund management.
Allowable Use of Proceeds:
• Loan proceeds can be used for working capital, inventory, building and equipment and
general business operations.
Interest Rates:
• Loan interest rate is dependent on use, term and other factors, not to exceed 10 %.
Loan Term Length:
• Loan repayment terms will generally range from three to five years, but may be
substantially longer for major asset financing such as commercial property.
Fees and Charges:
• Borrowers are responsible for paying all customary legal and other loan closing costs.
9293870v3