HomeMy WebLinkAboutReso 127-15 Small Business Development MOU RESOLUTION NO. 127 -15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
APPROVING A MEMORANDUM OF UNDERSTANDING WITH HUMBOLDT STATE UNIVERSITY
SPONSORED PROGRAMS FOUNDATION AND ALAMEDA COUNTY SMALL BUSINESS
DEVELOPMENT CENTER
WHEREAS, on June 5, 2012, the City Council approved amending the agreement with
Amador Valley Industries (AVI) to bring construction and demolition collection services under an
exclusive agreement; and
WHEREAS, as part of the amendment to the Agreement, AVI agreed to provide an annual
economic benefit payment in the amount of $100,000 to an organization designated by the City to be
used to establish and operate a Small Business Assistance Program ("Program"); and
WHEREAS, the funding would primarily assist Dublin-based businesses to deal with the cost
of complying with the ADA, Title 24, the City's trash enclosure requirements, and other legal
obligations imposed on small businesses; and
WHEREAS, on July 16, 2013, the City Council approved the creation of the Program and
associated Memorandum of Understanding (MOU) with the Alameda County Small Business
Development Center (managed and operated by the Oakland Metropolitan Chamber of Commerce)
as the organization to administer the funds of the Program under the direction and approval of the
City; and
WHEREAS, on July 17, 2015, the City sent a letter to the Oakland Metropolitan Chamber
noticing the City's intent to terminate the current MOU effective July 16, 2015; and
WHEREAS, Staff has worked with Humboldt State University's Sponsored Programs
Foundation on an MOU to serve as the new trust administrator, and Alameda County SBDC will serve
as the Program administrator.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve a Memorandum of Understanding with Humboldt State University Sponsored Programs
Foundation and Alameda County Small Business Development Center for the City of Dublin's Small
Business Assistance Program, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Memorandum of Understanding substantially in the form attached hereto and to undertake such
further action as may be necessary and desirable to carry out the intent of this Resolution.
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PASSED, APPROVED AND ADOPTED this 21st day of July, 2015, by the following vote:
AYES: Councilmembers Biddle, Hart, Wehrenberg, and Mayor Pro Tem Gupta
NOES: None
ABSENT: Mayor Haubert
ABSTAIN: None
177 Pro Tern
ATTEST:
( ,,
City Clerk
Reso No. 127-15, Adopted 7-21-15, Item 4.7 Page 1 of 2
MEMORANDUM OF UNDERSTANDING (MOU)
Between
City of Dublin
and
Humboldt State University Sponsored Programs Foundation
and
Alameda County Small Business Development Center
The City of Dublin (referred to as "City") and the Humboldt State University Sponsored Programs Foundation
(hereinafter referred to as "Foundation") operating and managing the Alameda County Small Business
Development Center (hereinafter referred to as "ACSBDC"), and ACSBDC, enter into this Memorandum of
Understanding (referred to as "MOU") for the purpose of administering the Small Business Assistance
Program (referred to as "Program") further described herein. City, Foundation and ACSBDC are collectively
referred to as the "Parties."
BACKGROUND
Pursuant to the City's Collection Services Agreement with Amador Valley Industries ("AVI"), AVI will pay
$100,000 annually, in quarterly installments of $25,000 each, to an organization designated by the City.
Recognizing that the cost of complying with federal, state and local laws relating to disability access
requirements, trash enclosures, sewer connections and other such obligations imposed on small businesses
represent an obstacle to some small businesses, the City desires to have these funds paid to an organization
that is able to efficiently manage a program that can provide financial relief to small businesses seeking
assistance in complying with these requirements.
A MOU between the Oakland Metropolitan Chamber and City was executed on July 17, 2013 and amended on
May 9, 2014 and then terminated on July 16, 2015.
PROGRAM ELEMENTS
The Program operated by the Foundation will accomplish the objective of providing assistance to Dublin-based
businesses in furtherance of the City's and the Foundation's small business economic development activities.
All funds received by the Foundation shall be maintained in a trust account and utilized as described herein.
Grant Program for Small Business Regulatory Compliance
Seventy-five percent (75%) of the annual AVI payment will be allocated to support Dublin-based businesses
seeking to comply with various requirements including, but not limited to the Solid Waste and Recycling
Enclosure Standards contained in Chapter 7.98 of the City's Municipal Code and per the Program Guidelines
attached hereto as Exhibit A and which can be changed per Council's approval.
Small Business Support Program
Fifteen percent (15%) of the annual AVI payment will be allocated to conduct One-on-One Business Advising
and Special Events as outlined in the Program Guidelines in Exhibit A. The amount allocated to One-on-One
Business Advising vs. Special Events will be decided upon by the City at the start of every fiscal year. At the
end of each fiscal year, any unused portion of the fifteen percent will be reallocated for use in the Grant
Program for Small Business Regulatory Compliance.
Program Delivery, Reporting and Marketing
Five percent (5%) of the annual AVI payment will be allocated to the ACSBDC for Program Delivery, Reporting
and Marketing which will include but is not limited to the following:
Memorandum of Understanding between
City of Dublin&Humboldt State University Sponsored Programs Foundation&ACSBDC
• Work with the City to establish grant application and selection process;
• Coordinate, market and deliver one-on-one business advising services;
• Coordinate, market and deliver special events; and
• Provide annual progress reports on the Grant Program and the Small Business Support
Program.
PROCESS
At the end of each fiscal year, the Foundation and City shall meet to review the Foundation's performance and
make determinations regarding allocation of funding for the following fiscal year. Any funds not spent in the
respective categories at the end of the fiscal year would be moved entirely into the Grant Program for Small
Business Regulatory Compliance.
The Foundation shall provide an annual progress report summarizing the activities funded by the payment
from AVI and approved by the City ("Program Report"). The Program Report shall include such information as
(but not be limited to):
• Number of businesses that applied for funding;
• Number of businesses that received funding;
• Amount of capital allocated by program;
• Amount of capital contributed by businesses;
• Categories of the type of businesses applying and receiving funding;
• Categories of funding use of proceeds;
• Geographic location of businesses;
• Number of employees;
• The number of businesses receiving counseling from the SBDC and any reported outcomes; and
• The number of attendees and a summary of evaluations from training/events.
TRUST ADMINISTRATION
The Foundation will establish the Dublin Small Business Resource Account ("Small Business Account") to
perform the trust administration. This Small Business Account will be created by the Foundation as a separate
and distinct project number within the Foundation's checking account, this account will be used to receive and
disburse funds as appropriate and as approved by the City. A report of the Small Business Account will be
provided each quarter or as requested by the City. The trust administration fee will be five percent (5%)of the
annual payment from AVI not to exceed Five Thousand dollars ($5,000), which will be allocated to the
Foundation.
PAYMENT
Upon the City's approval of grant applications, the City shall authorize the Foundation to distribute the
approved funds from the Small Business Account to the grant recipients.
The Foundation on behalf of the ACSBDC and the Small Business Account would receive its payment for
program delivery, marketing and reporting (5%), and trust administration (5%) totaling ten percent (10%)for a
total not to exceed amount of Ten Thousand dollars ($10,000) total to be paid out in quarterly installments of
Two Thousand Five Hundred dollars ($2,500). Documentation and an invoice for the Small Business Support
Program approved expenses would be submitted quarterly, and paid out of the fifteen percent (15%) set aside
from the Small Business Support Program allocation of funds.
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Memorandum of Understanding between
City of Dublin&Humboldt State University Sponsored Programs Foundation&ACSBDC
Because events and projects could require deposits and upfront payments, budgets for special events and
programs would be submitted to the City in advance and an appropriate advance/payment schedule
negotiated and approved by the City before funds are disbursed from the Small Business Account.
ANNUAL FUNDING ALLOCATION SUMMARY
Grants for Small Business Regulatory Compliance (75%) $75,000
Small Business Support(20%)
• One-on-One Business Advising & Special Events (15%) $15,000
• Program Delivery, Marketing & Reporting (5%) (ACSBDC) $ 5,000
Sub-Total $20,000
Trust Administration (5%) (Foundation) $5,000
Total Annual Funding Allocation $100,000
TERMS OF THE MOU
The term of this MOU shall be from July 1, 2015 to June 30, 2018, and can be extended each year for one
year until June 30, 2021 in writing between the City Manager and authorized agent of the Foundation. City
may cancel this MOU at any time and without cause upon written notification to Foundation or ACSBDC.
Foundation or ACSBDC may cancel this MOU upon thirty (30) days' written notice to the other Parties and
shall include in such notice the reasons for cancellation. Foundation shall transfer any funds that have not
been expended at the time this MOU is terminated to an organization designated by the City.
AMENDMENTS TO THE MOU
No part of this Agreement shall be altered or amended without written agreement of the signatory Parties.
ASSIGNMENT
The City shall have the right to assign all of its rights and obligations under this MOU. Foundation must
receive written approval from the City prior to any assignment of its rights and obligations under this MOU.
NON-PAYMENT BY AVI
In the event that AVI fails to make, or fails to timely make, any payment to the Foundation pursuant to this
Memorandum of Understanding, the City shall not be liable to the Foundation or ACSBDC for said non-
payment or non-timely payment.
EXHIBITS
The following Exhibit is attached hereto and incorporated as if fully set forth herein, but can change with the
City Council's approval:
Exhibit A: Program Guidelines
[Signatures follow on next page]
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Memorandum of Understanding between
City of Dublin&Humboldt State University Sponsored Programs Foundation&ACSBDC
Agreed:
CITY OF DUBLIN,A Municipal Corporation
Christopher L. Foss, City Manager Date
HUMBOLDT STATE UNIVERSITY SPONSORED PROGRAMS FOUNDATION,
Steven Karp, Executive Director Date
ALAMEDA COUNTY SMALL BUSINESS DEVELOPMENT CENTER,
Lee Lambert, Director Date
2088494.1
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Memorandum of Understanding between
City of Dublin&Humboldt State University Sponsored Programs Foundation&ACSBDC
EXHIBIT "A"—PROGRAM GUIDELINES
Grant Program for Small Business Regulatory Compliance
The Grant Program for Small Business Regulatory Compliance ("Grant Program") shall be utilized to support
Dublin-based businesses seeking to comply with various requirements including, but not limited to the Solid
Waste and Recycling Enclosure Standards contained in Chapter 7.98 of the City's Municipal Code. The
process for awarding funding pursuant to the Grant Program will be as follows:
• The ACSBDC and City shall work together to establish approval criteria for grant applications,
including different processes for property owners and business owners.
• The ACSBDC and/or City will develop a one-page application form which businesses and/or property
owners can access from the City's website and complete online.
• Grant Program applications will be initially reviewed by City Staff and presented to the standing
Economic Development Committee for direction on applications that should be further processed by
ACSBDC.
o If a Business Owner is selected for further processing, ACSBDC personnel shall meet with
and perform a free business review with the business owner in order to participate in the
Grant Program. The ACSBDC shall then prepare a written business review highlighting the
overall health of the business with recommendations for improvement which will be
documented and provided free of charge to the business owner and shall be included in the
applicants Grant Program application packet.
• The ACSBDC will submit completed Grant Program application packets to City Staff for final approval.
• In the event that an application is not approved, City Staff will contact the applicant, and where
feasible, provide the applicant with corrective actions that may lead to an approval upon re-submitting.
• Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued by
the Foundation after the City deems the project complete, and upon submission of invoices and proof
of payment and subject to approval of those invoices and proofs of payment by City Staff. City Staff
will then notify the Foundation when payment is to be made, specify to whom and manner in which the
funds should be disbursed, and will provide the Foundation with the invoices and proofs of payment
that justify the disbursement of funds.
• The Grant Program shall be promoted at all relevant ACSBDC events.
Small Business Support Program
The Small Business Support Program ("Support Program") shall be utilized for One-on-One Business Advising
and Special Events provided to and targeted at Dublin-based businesses. The process for utilizing funding
pursuant to the Support Program will be as follows:
One-on-One Business Advising
• The ACSBDC will provide Business Advisors at the hourly rate of$50 to be charged against the
Support Program funds with the approval of the City to assist Dublin-based businesses with
One-on-One Business Advising. The hourly rate may be adjusted to reflect direct increases in
compensation for the ACSBDC Business Advisors, but shall not exceed the hourly rate of$60.
• The ACSBDC and/or City will develop a one-page application form, which businesses can
access from the City's website and complete online.
• Support Program applications will be initially reviewed by City Staff and an approval will be
given to the ACSBDC to work with the business.
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Memorandum of Understanding between
City of Dublin&Humboldt State University Sponsored Programs Foundation&ACSBDC
• The ACSBDC will provide City Staff with an estimate of hours needed to work with the business
and obtain approval before commencing with one-on-one business advising.
• The Support Program shall be promoted at all relevant ACSBDC events.
• Quarterly, the ACSBDC shall submit a Support Program report, in a form acceptable to the City
that summarizes the Support Program activities and statistics including hours and outcomes
(economic impact in the form of business starts, jobs, number of total employees, sales
increases, and capital infusion), when applicable.
Special Events
• Subject to approval by the City, a portion of the Support Program funding can be allocated
annually to events and programs developed and executed by the ACSBDC and/or City. Examples
of such events and programs that can be considered may include but are not limited to:
o a multi-seminar program or technology commercialization;
o a procurement program;or
o an industry specific program
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