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CarteGraph Development Agreement for Job CreationMEMORANDUM TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Status Report on Job Creation Goals/CarteGraph Systems, Inc. Recommended Action April 15, 2003 Economic Development Director Bill Baum reports that CarteGraph Systems, Inc. is short of job creation goals agreed to in a 1999 State of Iowa CEBA award and a Development Agreement by and among the City, Hodzon Development Group, LLC (property developer) and CarteGraph Systems, Inc. (employer). Company President Scott Taylor cites numerous factors affecting business performance including technology market slowdown following Y2K compliance investments, the dot.corn meltdown and transition to an outbound sales model instead of an inbound telesales model. Their revamped marketing strategy required fewer, more highly compensated employees. In correspondence and reporting, the company kept both the State and City abreast of the failure to meet job creation goals. Informally, an extension period was granted to see if job creation numbers would improve. In January, 2003, Mr. Taylor made a formal request to the Iowa Department of Economic Development requesting a waiver on the job creation requirements of the CEBA agreement. He noted the following: · the company's business strategy had changed · employees (now at 64 persons) averaged $23/hour instead of the minimum $9.34/hour or $15.76/hour average, with payroll in excess of $3 million per year · all other financial commitments to the project had been met · required repayment would undermine the financial stability that had been gained by the company · required repayment would jeopardize any prospective hiring potential. Economic Development Director Bill Baum recommends the following to assist CarteGraph in meeting its CEBA and Development Agreement obligations: 1. Allow additional time extension to meet job creation goal to December 31, 2005; 2. Allow new jobs created by Integrate (currently 12 jobs) a new company that sublets space from CarteGraph, to be counted as new jobs for the project; 3. Amend the Development Agreement to reflect the same number of jobs as required in the CEBA documents. This would be a change from 200 jobs to 141 jobs, and most likely was the intent of the original agreement. The company is currently at 64 employees; 4. If some repayment of the loan is required after the time extension, or penalty imposed, reduce the interest rate to 3% from its current 6%, and negotiate a term acceptable to the company. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM TO:Michael Van Milligen, City Manager FROM:William Baum, Economic Development Director SUBJECT:Status Report on Job Creation Goals/CarteGraph Systems, Inc. Recommended Action April 14, 2003 INTRODUCTION This memorandum provides for City Council review information on the status of CarteGraph Systems, Inc.'s shortfall of job creation goals agreed to in a 1999 State of Iowa CEBA award and a Development Agreement by and among the City, Horizon Development Group, LLC (property developer) and CarteGraph Systems, Inc. (employer) dated January 18, 1999. City Council concurrence is requested concerning remedies to address the company's default. BACKGROUND Since the first Development Agreement with Advanced Data-Comm in 1998 for the sale of property at the Dubuque Technology Park, the City has provided financial incentives to encourage new investment and job creation in the community. Because the industrial parks and part of the downtown are in urban renewal districts, specific requirements for the disposition of land and the use of tax increment financing (TIF) must be followed. A job creation requirement is tied to the offer of economic development grants and loans to private companies by Iowa law. The City has primarily used the following financial incentive tools to encourage new development: TIF -- in one of two forms: 1. Up-front TIF loan repaid by a TIF bond, or 2. TIF tax rebate that rebates the actual increase in the taxes resulting from the new development Land discount: The actual per acre development cost of the new industrial parks - minus any grants received - averaged $76-78,000 per acre. That amount is high when compared to other industrial property for sale across the region. In competitive marketing situations, industrial land is often "free" in return for new jobs, new property value, etc. promised by a company. The City has provided, in many cases, a 50% land discount to developers/ companies creating new jobs. State programs such as CEBA and Enterprise Zone have also provided financial incentives to companies creating jobs. With the State programs, minimum wage and benefit requirements are stipulated to qualify for financial assistance. Horizon Development and CarteGraph were the recipients of TIF, land discount and CEBA. Horizon received both the TIF and the land discount to assist the developer in building a 30,000 square foot $2+ million project to house CarteGraph. CarteGraph received a $240,000 CEBA award of which $60,000 was a 5-year 0% loan and $180,000 was a forgivable loan subject to the creation of 80 new jobs with wages of at least $9.34/hour. They were required to maintain 61 jobs. If the new jobs were not created, the forgivable loan would revert to a 6% loan with some forgiveness per job allowed if at least 50% of the job goal were reached. DISCUSSION State CEBA At the time of CEBA Project Completion (September 30, 2001), CarteGraph employed 57 full-time persons -- less than prior to the CEBA award. Company President Scott Taylor cited numerous factors affecting business performance including technology market slowdown following Y2K compliance investments, the dot.com meltdown and transition to an outbound sales model instead of an inbound telesales model. Their revamped marketing strategy required fewer, more highly compensated employees. In correspondence and reporting, the company kept both the State and City abreast of the failure to meet job creation goals. Informally, an extension period was granted to see if job creation numbers would improve. In January, 2003, Mr. Taylor made a formal request to the Iowa Department of Economic Development (letter attached) requesting a waiver on the job creation requirements of the CEBA agreement. He noted the following: · the company's business strategy had changed · employees (now at 64 persons) averaged $23/hour instead of the minimum $9.34/hour or $15.76/hour average, with payroll in excess of $3 million per year · all other financial commitments to the project had been met · required repayment would undermine the financial stability that had been gained by the company · required repayment would jeopardize any prospective hiring potential. To date, he has not received a written response from IDED. The City is also party to the CEBA agreement and will be required by IDED to sign off on any renegotiation of CarteGraph's contract. City Development Agreement In addition, the City has its own Development Agreement with the company, along with Horizon Development. And even though the financial incentives of TIF and land discount went directly to Horizon, CarteGraph, as the employer and recipient of certain beneficial lease terms and conditions from Horizon, was held responsible for job creation performance in the Development Agreement. The new job goal was the same as for the CEBA - 80 new full-time equivalent jobs. However, for reasons unclear at this time or if by mistake, the Development Agreement states that 120 jobs would be maintained along with the 80 new jobs for a total of 200 jobs. The "penalty" for not meeting the job goal in the City's Development Agreement is as follows: "Employer shall employ two hundred (200) permanent full-time (2080 hours per year) (FTE) positions in Dubuque, Iowa, by January 1, 2002 and shall maintain that number of positions through December 31, 2005. Employer agrees to refund to City a portion of the acquisition grant made to Developer equal to one thousand three hundred dollars ($1,300) for each permanent full- time equivalent position not employed as required by this Agreement. The refund shall be paid to City within sixty (60) days of written demand by City." The acquisition grant (land discount) amount was $112,000. If that were the basis for determining the penalty amount, 86 jobs would result from dividing the $112,000 by $1,300. An undated TH newspaper article in the CarteGraph file quotes Scott Taylor as saying the company would be hiring 86 people over the next 2 years. That number was likely discussed during the Development Agreement negotiations and made its way into the calculations. In any case, the penalty provision never anticipated that no jobs would be created and, in fact, based the penalty on a total of 200 jobs. The Horizon/CarteGraph Development Agreement was only the second agreement the City had negotiated. [Later agreements have, hopefully, been clearer in establishing the base number of jobs and the projection of new jobs. The later agreements have, however, continued to base the monetary penalty on the value of the land discount divided by the number of jobs to be created and/or maintained.] The first agreement, with Advanced Data-Comm, did not have a penalty provision. Getting the first project into the new Technology Park and the company's proposed $6 million investment were considered sufficient. Advanced Data-Corem did not seek CEBA funding, so no State- mandated new job requirement was part of that financial package. They did, however, promise to create 51 new jobs and maintain 317 until December 1, 2002. They, like CarteGraph, were unable to meet that new job creation goal due, in part, to the general economic downturn. Key Question The question to be decided is: how does the City address defaults in job creation obligations tied to financial incentives provided to private companies? In considering the application of penalties, or possible remedies, it would be prudent to consider that if a business is not performing in the job creation arena, its financial situation may not be performing well either. Any penalty could cause further financial burdens for the company. Nevertheless, companies should, on a case-by-case basis, be prepared to prove their inability to meet promised job creation obligations. Staff has reviewed possible penalties/remedies to address defaults in general, and specifically, for CarteGraph. Options reviewed include: · Automatic one-year time extension · Additional time extensions · Renegotiation of loan term and rate, if company has loan with the City · Interest rate increase For full term of loan For remaining balance only · Immediate repayment of outstanding balance · Monetary penalty for each job not created Pro-rated based on amount of land grant offered Amount due immediately Financed over some period of time · Full or partial forgiveness/release from obligation · Reduction or denial of TIF tax rebate, if provided The City has been fortunate that very few defaults in actual loans have occurred over the course of the last 20 years. Job creation numbers may not have always been met, but the loans, which make up the majority of financial assistance offered to companies, have been paid back. When defaults have occurred in payments, loan terms have been renegotiated to provide additional time to repay the loan balance, tn several situations where jobs goals were not met, the interest rate was adjusted upward in the loan. Recommended CarteGraph Remedies CarteGraph has requested full forgiveness from the State for the CEBA forgivable loan. The State has indicated that is unlikely. Staff would recommend several opportunities to assist the company in meeting its CEBA and Development Agreement obligations: 1. Allow additional time extension to meet job creation goal to December 31, 2005, the significant date in the Development Agreement; 2. Allow new jobs created by Integrate (currently 12 jobs), a new company that sublets space from CarteGraph to be counted as new jobs for the project; 3. Amend the Development Agreement to reflect the same number of jobs as required in the CEBA documents; and 4. If some repayment of the loan is required after the time extension, or penalty imposed, reduce the interest rate to 3% from its current 6%, and negotiate a term acceptable to the company. If agreed, these recommendations should be sent to IDED from the City on behalf of the company. The action taken in response to CarteGraph's default will provide guidance should, in the future, defaults in job creation obligations be encountered with other Development Agreements. ACTION STEP The action step for the City Council is either to approve the recommendation, or provide direction to staff, regarding CarteGraph's job creation shortfall related to a State of Iowa CEBA contract and a Development Agreement by and among the City, Horizon Development Group, LLC and CarteGraph Systems, Inc. attachment Prepared by:Pamela Myhre Economic Development Planner F:\USERS\Pmyhre\WPDOCS\LOANDOC\CARTEGRA\remedy. mem.doc Cart Graph January 23, 2003 Mr. Mike Fadey Iowa Departmentof Economic Development 200 East Grand Des Moines, lowa 50309 Re: CarteGraph CEBA Project #99-06 Dear Mr. Farley, The purpose of this correspondence is to ask the Iowa Department of Economic Development for consideration of relief from the job creation requirement contained in the above referenced CEBA agreement. Under the Job Attainment and Wage Obligation section of the CEBA agreement. CartaGraph was responsible for the creation of 80 new jobs within two years of the CEBA award. Due to unforeseen economic challenges in the technology industry and distribution strategy changes, CartGraph has been unable to satisfy the jobs creation requirement. As you review our request for relief, we ask that you consider the following factors: The business strategy for CartaGraph has changed significantly ever the past few years due to market factors and lessons learned along the way. The shift from a telesales phone-based distribution model to a solutions-oriented face-to-face distribution model has allowed CartaGraph to achieve financial stability, during adverse market conditions. Under the new business model, CartGraph is able to deliver enterprise solutions with much higher total value to our customers. The success of this model is connected with our ability to attract and retain a higher quality workforce. While the total number of employees is fewer under this model, the individual compensation is significantly greater. The current company wages for employees greatly exceed the $9.34 per hour and $15.75 per hour average required in the agreement. Currently, the houdy rates for our 64 employees average $231hour, resulting in an annual payroll in excess of $3,000,000. The following financial commitments have all been met as specified in the project agreement: 1. City of Dubuque TIF in the amount of S250,000. 2. City of Dubuque land buydown in the amount of S112,000. 3. EClA loan in the amount of $200,000. 4. Business working capital in the amount of S540,000. 5. Business equity in the amount of S336,000. 6. Community college job training in the amount of S400,000. 7. Developer building construction in the amount of $2,294,735. 8. Bank loan in the amount of $1;100,000: fww..cartegraph.com 800.688.2656 563.556.8120 563.556.8149 (FAX) Cart Graph We respectfully request that the Iowa Department of Economic Development review the investments that have been made and the quality of jobs that have been established and maintained with the hope that you will agree to waive the job creation requirements of the CEBA agreement. To require the company to repay the CEBA grant award would undermine the financial stability that has been gained and jeopardize any prospective hiring potential. Please contact me at (563)556-8120 to discuss this request. I am hopeful that we can come to agreement regarding the closure of this CEBA project. Sincerely, Scott J. Taylor President and CEO CC: Rick Dickinson Michael Van Milligan Bill Baum vw,cartesraph.com 800.688,2656 563,556.8120 563.556.8149 (FAX)