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HomeMy WebLinkAboutItem 8.1 Small Business Dev Training CITY CLERK File # Dw[Q]~-[I]EJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 18, 2007 SUBJECT: Agreement with Cal State East Bay Small Business Development Center (SBDC) for pilot Small Business Training Program Report Prepared by: Christopher 1. Foss, Economic Development Director ATTACHMENTS: 1. 2. Service Agreement with East Bay SBDC Resolution approving agreement with Cal State East Bay Small Business Development Center (SBDC) Budget Adjustment 3. RECOMMENDATION: -'\ r-/ Adopt the resolution approving the agreement with Cal State East {~'^". Bay Small Business Development Center (SBDC) and approve the ~ budget adjustment. FINANCIAL STATEMENT: The pilot program will cost $2,500. The proposed budget adjustment will transfer of $2,500 from the Budgeted Contingent Reserve to the Economic Development Department FY 2007-08 Contract Services budget. DESCRIPTION: The Cal State East Bay Small Business Development Center (SBDe) develops and implements programs and services that support innovation, entrepreneurship, sustainability and growth for small businesses in the East Bay. SBDC offers classes, seminars and other educational programs, as well as one-on-one business consulting. Annually, SBDC holds over 150 classes (typical classes running 3 to 3.5 hours), and averages over 4,500 total attendees. Currently, 65% of the attendees are from Alameda County. SBDC also offers business consulting to over 500 small business clients. On July 18, 2007, Raj George, SBDC's Director, made a presentation to the Tri-Valley Economic Development Directors (from the cities of Dublin, Livermore, Pleasanton and San Ramon) about providing monthly educational workshops and direct consulting services in the Tri- Valley cities for nearby businesses in exchange for financial support from the cities. (Other cities outside the Tri-Valley area, COPY TO: Page 1 of2 ITEM NO. ~. \ G:\Chris\East Bay Small Business Dev Center\Agenda Statement September 4 2007 FINAL. DOC C/ such as Fremont and Hayward, already contract with SBDC.) Mr. George indicated that there were a number of Tri-Valley businesses that take advantage of SBDC's programs, and that SBDC would like to offer classes closer to the Tri- Valley clients. During the presentation, the Economic Development Directors asked Mr. George for a trial period to see how well the program would be attended in the Tri- Valley area. Under the terms of the proposed trial program (running from October 1, 2007 to April 30, 2008), SBDC will offer a total of twelve (12) workshops - three workshops in each of the Tri-Valley cities (see Attachment 1). The workshops will be free, and any Tri-Valley business will be eligible to attend any workshop. The workshops will cover topics such as "Preparing a Successful Business Plan," "Expansion and Growth Capital" and "Managing a Green Business." Three of these workshops are to be held in Dublin (on November 1, January 23, and March 19). The proposal also provides that SBDC will offer 15 Dublin businesses 5 hours of consulting time each during the trial period. As part of the proposed agreement, the City agrees to work with SBDC to advertise the program through the City's website, e- mail blasts, and by working with the Dublin Chamber of Commerce. The proposed resolution (see Attachment 2) would approve the Service Agreement with SBDC. The trial program would cost the City of Dublin $2,500. The other three Tri- Valley cities have already committed to funding this program at $2,500 each. Since the program was not considered in the recently- approved FY 2007-08 budget, a budget change would be required (see Attachment 3). RECOMMENDATION: It is recommended that the City Council: 1) Adopt the resolution approving the Service Agreement with the Cal State East Bay Small Business Development Center and 2) approve the budget adjustment in the amount of $2,500.~ r:t<. ff3 ~ If() 11 SERVICE AGREEMENT CAL STATE EAST BAY SMALL BUSINESS DEVELOPMENT CENTER SERVICES This Service Agreement (hereinafter "Agreement") is made and entered into by and between the CITY OF DUBLIN, a municipal corporation (hereinafter "City"), and CALIFORNIA STATE UNIVERSITY, EAST BAY FOUNDATION (hereinafter "Consultant"). City and Consultant may be collectively referred to herein as the "parties." RECITALS A. The California State University, East Bay Foundation (Consultant) acts as fiscal agent for the East Bay Small Business Development Center (East Bay SBDC), a program of the California State University, East Bay. B. City requested a proposal from Consultant to perform the services generally including: a series of monthly educational workshops and direct consulting services for Dublin businesses. C. In response to the City's request, Consultant submitted a proposal, and, after negotiations, Consultant agreed to perform the services more particularly described on Exhibit "A," in return for the compensation described in this Agreement. D. In reliance upon Consultant's documentation of its qualifications, the City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. Consultant shall perform the services described in Exhibit "A," attached hereto and incorporated herein by reference, in accordance with the terms and conditions contained in this Agreement. 2. TIME FOR PERFORMANCE. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall commence performance, and shall complete all required services no later than the dates set forth in Exhibit "A." Any services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. The period of performance for this. Agreement is October 1, 2007 - April 30,2008. Consultant shall submit all requests for extensions of time to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. 3. PAYMENT. In order to request payment, Consultant shall submit quarterly invoices to the City identifying the services performed and the charges therefore, based upon the Consultant's billing rates. Invoices shall be sent to: page 1 of6 Attachment 1 q-(~-07 '8".1 ~~ " Chris Foss, Economic Development Director City of Dublin 100 Civic Plaza Dublin, CA 94568 (925) 833-6650 Chris. F oss@ci.dublin.ca.us The City shall submit payments to: Ms. Cynthia Vinson, Grants and Contracts Manager CSUEB Foundation 25976 Carlos Bee Blvd. Hayward, CA 94542 (510) 885-4039 . cynthia. vinson@csueastbay.edu The compensation payable to Consultant for the services identified in Exhibit "A" shall not exceed $2,500. Consultant shall not perform any services beyond the services identified in Exhibit "A" without prior written modification of this Agreement by both parties. 4. AUTHORIZED REPRESENTATIVES. 4(A). Consultant's Authorized Representative. Consultant understands that, in entering into this Agreement, the City has relied upon Consultant's ability to perform in accordance with its representations regarding the qualifications of the Consultant (including the qualifications of its Authorized Representative, its personnel, and its sub consultants, if any) identified in Exhibit "A," attached hereto and incorporated herein by reference. Therefore, Consultant shall not replace its Authorized Representative or any of the personnel or sub consultants identified in Exhibit "A," without the prior written consent of the City. An services under this Agreement shall be performed by, or under the direct supervision of, Consultant's Authorized Representative, as identified in Section 15 of this Agreement. 4(B). City's Authorized Representatives. For the performance of services under this Agreement, the Consultant shall take direction from the City's Authorized Representatives: Chris Foss, unless otherwise designated in writing by the City's Authorized Representative or the City Manager. 5. INFORMATION AND DOCUMENTATION. 5(A). Information from City. City has made an effort to provide Consultant with all information necessary for Consultant's performance of services under this Agreement. If Consultant believes additional information is required, Consultant shall promptly notify the City, and the City will provide to Consultant all relevant non-privileged information in City's posseSSIOn. 5(B).Consultant's Accountin!!: Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four years. Consultant's accounting records page 2 of 6 s~ " shall include, at a minimum, all documents which support Consultant's costs and expenses related to this Agreement, including. personnel, sub consultant invoices and payments, and reimbursable expenses. Consultant's accounting records shall be made available to City within a reasonable time after City's request, during normal business hours. 5(C). Ownership of Work Product. All original documents prepared by Consultant (including its employees and sub consultants) for this Agreement ("work product"), whether complete or in progress, are the properties of the Consultant. Consultant shall provide a non-exclusive, royalty-free license to the City. 6. RELATIONSHIP BETWEEN THE PARTIES. Consultant is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or sub consultants, including any negligent acts or omissions. Consultant is not City's agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Consultant. Consultant is not an officer or employee of City, and Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. 7. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and sub consultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. For the purposes of this Agreement, it is not considered a conflict of interest for Consultant to offer similar or identical services to other entities in addition to the City. Consultant shall comply with all requirements of the Political Reform Act (California Government Code sections 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by the City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with the City (including this Agreement) involving Consultant's conflicting interest may be terminated by the City. 8. NONDISCRIMINATION. Consultant shall not discriminate against any person related to the performance under this Agreement (including any employee or applicant) because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, or sex. 9. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement. 10. INSURANCE. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant (including its agents, representatives, sub consultants, and employees) in connection with the performance of services under this Agreement. This Agreement identifies the minimum insurance levels with which Consultant shall comply; however, the minimum insurance levels shall not relieve Consultant of any other performance responsibilities under this Agreement page 3 of6 L11J l \ (including the indemnity requirements), and Consultant may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the execution of this Agreement by the Consultant, and prior to the commencement of any services, the Consultant shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Consultant shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement. 11 (A). Minimum Insurance Levels. Consultant shall maintain insurance at the following minimum levels: l1(A)(l). Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) coverage in an amount not less than $1,000,000 general aggregate and $1,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage. 11(A)(2). Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for "any auto") coverage in an amount not less than $1,000,000 per accident for bodily injury and property damage. 11(A)(3). Workers' Compensation coverage as required by the State of California. 11 (A)( 4). Professional Liability coverage for damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim. l1(B). Endorsements. The insurance policies shall be endorsed as follows: l1(B)(l). For the commercial general liability insurance, the City (including its elected officials, employees, and agents) shall be named as additional insured, and the, policy shall be endorsed with a form equivalent to ISO form CG 20 10 11 85. 11(B)(2). Consultant's insurance is primary to any other insurance available to the City with respect to any claim arising out of this Agreement. Any insurance maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 11 (B)(3). Consultant's insurance will not be canceled, limited, or allowed to expire without renewal until after 30 days written notice has been given to the City. l1(C). Qualifications of Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California, and shall haye an A.M Best's rating of not less than "A:VII." 11. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City's Attorney, and Consultant shall promptly submit to .the City's Attorney and the City's Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and address of Consultant's insurance company, and (d) a detailed description ofthe damage and whether any City property was involved. 12. INDEMNIFICATION. Consultant shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs. and attorney's fees) resulting or arising from performance, or failure to perform, under this Agreement. page 4 of 6 600 ( l City shall indemnify, hold harmless, and defend the Consultant (including its officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages,liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or arising from performance, or failure to perform, under this Agreement. 13. TERMINATION. This Agreement may be terminated by either party without cause upon fifteen (15) days written notice to the Qther party. If the City exercises its right to terminate this Agreement in accordance with this paragraph, the City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to maximum amount authorized under paragraph 3 of this Agreement. 14. DEFAULT. If either party ("demanding party") has a good faith belief that the other party ("defaulting party") is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten days of the notice, or, (b) if more than ten days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party. 15. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party. To: City of Dublin Attn: Chris . Foss Economic Development Director City of Dublin 100 Civic Plaza Dublin, CA 94568 To: Consultant Attn: Brian Cook Senior Director, DCIE CSU East Bay 25800 Carlos Bee Blvd. Hayward, CA 94542 16. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement. 17. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration ofthe parties' intent under this Agreement. 18. GOVERNING LAW. JURISDICTION. AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. .Any suit, claim, or legal proceeding of any kind related to this Agreement page 5 of 6 &1?l\ shall be filed and heard in a court of competent jurisdiction in the County of Alanleda. 19. ATTORNEY'S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred. 20. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Consultant's duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City. shall be void and of no force or effect. A consent by the City to one assignment. shall not be deemed to be a consent to any subsequent assignment. 21. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 22. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision ofthis Agreement. 23. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein. CITY OF DUBLIN CONSULTANT CSU East Bay Foundation By: Title: Date: ~J:. By: Dr. Michael K. Mahoney Title: Provost and Vice President or Academic Affairs Date: September 5~ 2007 APPROVED AS TO FORM: By: Title: City Attorney page 60f6 'l1J ( L EXHIBIT A July 18, 2007 Mr. Chris Foss Economic Development Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Mr. Foss: RE: Tri Valley Partnership-Small Business Development Center Classes & Consulting Services On behalf of the Cal State East Bay Small Business Development Center (SBDC), I am pleased to submit the following proposal for providing small business support services in conjunction with the City of Dublin Economic Development Department. These services will b~ hosted at Tri Valley locations with no cost to participating businesses. Our goal is to provide convenient business development and expansion tools to businesses based in the Tri Valley. Classes: The Cal State East Bay SBDC will offer a series of twelve workshops beginning in October 2007. The Cal State East Bay SBDC will be responsible for providing the instructor, class materials, sign in sheet, and evaluation forms. Our instructors have expertise in business planning, accessing capital, fmancial projections, marketing, technology management, contracting, and business strategy. They are selected through an extensive interview and training process based on their knowledge and capability to assist with a wide array of business issues. Most of our instructors have MBAs or Ph.D.s, and many also have experience in running their own small business. Many are also consultants as part of our program. Registration will be managed by the Cal State East Bay SBDC. All registration and evaluation information will be shared with the City of Dublin. Potential workshop schedule: 1. Preparing A Successful Business Plan (Wed. Oct. 17, 9am-Noon, Pleasanton) 2. Banks, SBA Loans, Start Up Financing (Thurs., Nov. 1, 9am-Noon, Dublin) ~1J. \ l 3. Legal and Business Issues (Thurs., Nov. 15, 9am-Noon, Livermore) 4. eCommerce and Online Marketing (Wed., Dec. 5, 9am-Noon. San Ramon) 5. Managing People (Thurs., Jan. 10, 9am-Noon, Pleasanton) 6. Preparing a Successful Marketing Plan (Wed., Jan. 23, 9am-Noon, Dublin) 7. Doing Business with Corporations (Thurs., Feb. 7, 9am-Noon, Livermore) 8. Expansion and Growth Capital (Wed., Feb. 20, 9am-Noon.San Ramon) 9. Leveraging Technology (Thurs., Mar. 6, 9am-Noon, Pleasanton) 10. Getting Certified (Wed., Mar. 19, 9am-Noon, Dublin) 11. Managing a Green Business (Thurs., Apr. 3, 9am-Noon, Livermore) 12. Banks, SBA Loans, Start Up Financing (Wed., Apr. 16, 9am-Noon. San Ramon) Business Consulting Services: In addition to the classes, the Cal State East Bay SBDC will work in conjunction with our current staff of 35 consultants to provide ongoing consulting services to City of Dublin businesses. Our consultants have expertise in business planning, accessing capital, financial projections, marketing, technology management, contracting, and business strategy. They are selected through an extensive interview and training process based on their knowledge and capability to assist with a wide array of business issues. Most of our consultants have MBAs or Ph.D.s, and many also have experience in running their own small business. We do not charge businesses a fee for consulting. Please note that most clients receiving consulting services are established small businesses that have been operating for at least one year. The Cal State East Bay SBDC will provide 15 Dublin businesses-with 5 hours of consulting per business over the course of the agreement. The City of Dublin will provide meeting space, if needed. Marketing: The Cal State East Bay SBDC will incorporate classes into ongoing marketing efforts, including listing classes in quarterly print calendar, website calendar, and in regular email blasts. The City of Dublin will assist in referring small businesses to SBDCworkshops and consulting services. Fee Estimate: The Cal State East Bay SBDC proposes a fee of $2,500 for the above services, for a period between October 1,2007 and April 30, 2008. Invoices will be accompanied by a report that includes information on the past quarter's workshops, workshop evaluations and consulting summaries. Please let me know if you have any questions. We look forward to a successful partnership with the City of Dublin Economic Development Department. Sincerely, Raj George Director ti"btl l Dtt> rll RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING SERVICE AGREEMENT WITH CAL STATE EAST BAY SMALL BUSINESS DEVELOPMENT CENTER TO PROVIDE MONTHLY BUSINESS EDUCATION WORKSHOPS WHEREAS, the City of Dublin recognizes the role small businesses serve in our community; and WHEREAS, the City of Dublin recognizes the need to provide business education training to Dublin-based businesses; and WHEREAS, the City of Dublin supports the efforts of the Cal State East Bay Small Business Development Center to develop and implement programs and services that support innovation, entrepreneurship, sustainability and growth for small businesses in the East Bay; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Service Agreement with Cal State East Bay Small Business Development Center, by which Cal State East Bay Small Business Development Center will provide business education and consulting to businesses within Dublin for the period from October 1, 2007 to April 30,2008; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 18th day of September, 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment 2 CITY OF DUBLIN BUDGET CHANGE FORM \ \~ l) CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves (If Other than General Fund, Fund No - From New Revenues X From Budgeted Contingent Reserve (10800-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other Name: General Fund / Non Dept / Budgeted Contingent Reserve Name: $2,500.00 Account #: 001-10800-799-000 Name: Account #: Name: General Fund - Economic Development Dept - Contract Services $2,500.00 Account #: Name: Account #: 001-90400-740-000 Name: Account #: Name: Account #: Name: Account #: Name: Account #: Name: Account #: Account #: ASD/Fin Mgr ~~ Signature Date: 9./3' )ui'l- REASON FOR BUDGET CHANGE ENTRY: After the preparation ofthe Budget the City Economic Development Director participated in a meeting evaluating services being offered by the Calk State East Bay jointly to the cities of Dublin, San Ramon, Pleasanton and Livermore: The adopted Economic Development Department Budget did not include funding for these services. This budget change will transfer $2,500 from the Contingent Reserve Account to the Economic Development Department Budget, to allow the City of Dublin to participate in this multi-agency effort for Fiscal Year 2006/2007. City Manager: -'-2::"" ..... . 4. ~"~~"'-" ...... .. ',,~~C,-.. . Signature -- Date: c::; 11 z/~ 7 As approved at the City Council Meeting on: Date: 9/1812007 Mayor: Date: Signature Posted By: Date: H:ICC-FORMSIFORM-budget change. doc Signature Attachment 3