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HomeMy WebLinkAbout8.3 Small Business Assistanceor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL July 16, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -30 SUBJECT: Creation of the Small Business Assistance Program and Associated Memorandum of Understanding Prepared by Hazel L. Wetherford, Economic Development Analyst EXECUTIVE SUMMARY: On June 5, 2012, the City Council approved amending the agreement with Amador Valley Industries (AVI) to bring construction and demolition (C &D) collection services under an exclusive agreement. As part of the amendment to the Agreement, AVI agreed to provide an annual economic benefit payment to an organization designated by the City to establish and operate a Small Business Assistance Program. The City has designated the Alameda County Small Business Development Center (operated and managed by the Oakland Metropolitan Chamber of Commerce) to administer the funds of the Small Business Assistance Program under the direction and approval of the City. FINANCIAL IMPACT: If adopted, the Program would assist Dublin -based businesses with the following: 1) grants to assist with 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; and 2) one -on -one business advising and special events. Funding for the Program's grants, business advising and special events, including the administration fees, will be funded by the economic benefit payment paid by AVI. No General Fund revenues will be used for the Program or its administration. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution establishing the Small Business Assistance Program and the associated Memorandum of Understanding with the Oakland Metropolitan Chamber of Commerce to administer the funds of the Program under the direction and approval of the City. Submitted By Reviewed By Economic Development Director Assistant City Manager Page 1 of 3 ITEM NO. 8.3 DESCRIPTION: 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. As part of the amendment to the Agreement, AVI agreed to provide an annual economic benefit payment to an organization designated by the City in the amount of $100,000 to be used to establish and operate a Small Business Assistance Program. Primarily, the funding would assist Dublin -based businesses to deal with the cost of complying with the Americans with Disabilities Act (ADA), Title 24, the City's trash enclosure requirements, and other legal obligations imposed on small businesses. The cost of constructing these improvements can be an obstacle for businesses, and this Program will help to assist in offsetting these cost prohibitive improvements. The City has designated 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 Small Business Assistance Program under the direction and approval of the City. The Program Elements are as follows: 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. 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 per the Program Guidelines. The amount allocated to One -on -One Business Advising vs. Special Events will be mutually 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 for Program Delivery, Reporting and Marketing. Trust Administration Five percent (5 %) of the annual AVI payment will be allocated for the trust administration fee. Staff presented this Program to the Standing Economic Development Committee on April 8, 2013. This Program falls under the Committee's purview to provide policy guidance and direction on economic development activities. The Committee is recommending the Program and is requesting that the full City Council consider the new Program and associated MOU for adoption. NOTICING REQUIREMENTS /PUBLIC OUTREACH: 1101 Page 2 of 3 ATTACHMENTS 1. Resolution Approving the Creation of the Small Business Assistance Program and Associated Memorandum of Understanding 2. Exhibit A to Attachment 1 - Memorandum of Understanding Page 3 of 3 RESOLUTION NO. -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CREATION OF THE SMALL BUSINESS ASSISTANCE PROGRAM AND ASSOCIATED MEMORANDUM OF UNDERSTANDING WHEREAS, the City Council desires to develop the Small Business Assistance Program and the Associated Memorandum of Understanding; and 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, the City has designated the Alameda County Small Business Development Center (operated and managed 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 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin approves the Small Business Assistance Program and associated Memorandum of Understanding, 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. PASSED, APPROVED AND ADOPTED this 16th day of July, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2105034.1 Mayor MEMORANDUM OF UNDERSTANDING (MOU) Between City of Dublin and The Oakland Metropolitan Chamber of Commerce The City of Dublin (referred to as °City») and the Oakland Metropolitan Chamber of Commerce operating and managing the Alameda County Small Business Development Center (hereinafter referred to as "Chamber") 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. 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. PROGRAM ELEMENTS The Program operated by the Chamber will accomplish the objective of providing assistance to Dublin -based businesses in furtherance of the City's and the Chamber's small business economic development activities. All funds received by the Chamber 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 mutually 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 for Program Delivery, Reporting and Marketing which will include but is not limited to the following; • 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. Memorandum of Understanding between City of Dublin & The Oakland Metropolitan Chamber of Commerce PROCESS At the end of each fiscal year, the Chamber and City shall meet to review the Chamber'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 Chamber small 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; e 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 e The number of attendees and a summary of evaluations from training /events. TRUST ADMINISTRATION The Chamber has an existing foundation under which it will establish the Alameda County Small Business Resource Account ("Small Business Account") to perform the trust administration. This Small Business Account will have its own separate checking account to receive and disburse funds as appropriate and as approved by the City. A report of the Small Business Account will be provided each fiscal year along with the Chamber Program Report or as requested by the City. The trust administration fee will be five percent (5 %) of the annual payment from AV[. PAYMENT Upon the City's approval of grant applications, the City shall authorize the Chamber to distribute the approved funds from the Small Business Account to the grant recipients. The Chamber on behalf of the ACSBDC and the Small Business Account would receive its payment for program delivery, marketing and reporting, and trust administration totaling ten percent (10 %) on the first day of each fiscal year. Documentation and an invoice for business advising expenses and special event expenses would be submitted quarterly, and paid out of the Support Program allocation of funds. 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. ANNUAL FUNDING ALLOCATION SUMMARY Page 2 Memorandum of Uncferstanding between City ofValAt .G Tlrr� 0�7k &�rrrl h4�tFppr�lihyr c h��rrtlx�r nlC,rxrrrrrr'rr:ry Grants for Small Business.Regulatory Compliance $75,000 Small Business Support One- on•One Business Advising & Special Events $15,000 Program Delivery, Marketing & Reporting 5,000 Sub -Total $20,000 Trust Administration $5,000 Total Anneal Funding Allocation $100,000 TERMS OF THE MOU The term of this MOU shall be from July 1, 2013 to June 30, 2016, and can be extended each year for one year until June 30, 2021 in writing between the City Manager and authorized agent of the Chamber. Either party may terminate this MOU upon written 30 -day notice to the other in [lie event that the other party fails to comply with Its obligations tinder this MOU, Chamber 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 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. Chamber must receive_ written approval from the City prior to any assignment of its rights and obligations under tills MOU. NON- PAYMENT BY AVI In the event that AVI faits to make, or falls to timely make, any payment to the Chamber pursuant to this Memorandum of Understanding, the City shall not be liable to the Chamber for said non - payment or non - timely payment, EXHIBITS The following Exhibit is attached hereto and incorporate as if frilly set forth herein, but can change with the City Council's approval: Exhibit A: Program Guidelines Agreed: CITY OF DUBLIN, A Municipal Corporation Joni L. Pattillo, City Manager TI IE qAI( AND MCT POLI AN CHAMBER F COMMERCE, Jose arabGrda, P6stdent & CEO 2098494.1 Date Date -A Page 3 Memorandum of Understanding between of Dublin & the Oakland Metropolitan Chamber of Commerce 1X14111:31111.W!9:TIN"RM TJ tell] IPI?t -4 I1I1-4•.1 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 Chamber and City shall work together to establish approval criteria for grant applications, including different processes for property owners and business owners. • The Chamber 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 the Chamber. o If a Business Owner is selected for further processing, Chamber personnel shall meet with and perform a free business review with the business owner in order to participate in the Grant Program. The Chamber 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 Chamber 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 Chamber 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 Chamber when payment is to be made, specify to whom and manner in which the funds should be disbursed, and will provide the Chamber with the invoices and proofs of payment that justify the disbursement of funds. • The Grant Program shall be promoted at all relevant Chamber events. • Quarterly, the Chamber shall submit a Grant Program report, in a form acceptable to the City that summarizes the Grant Program activities, including identification of the recipients of funding under the Grant Program. 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 Chamber 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 Chamber and /or City will develop a one -page application form which businesses can access from the City's website and complete online. Page 4 Memorandum of Understanding between Cit of Dublin & The Oakland Metropolitan Chamber of Commerce 9 Support Program applications will be initially reviewed by City Staff and an approval will be given to the Chamber to work with the business. • The Chamber will provide City Staff with an estimate of hours needed to work with the business and obtain approval before commencing with one -on -one the business advising. ® The Support Program shall be promoted at all relevant Chamber events. • Quarterly, the Chamber 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). 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 Chamber 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 Page 5