BM 1994-11-19 EcDevCity of Coppell
Economic and Business Development Board
Saturday, November 19, 1994
MINUTES
The Economic and Business Development Board met in a regularly scheduled meeting on
Saturday, November 19, 1994, at 8:30 p.m. in the first Floor Conference Room of Coppell
Town Center. The following Board Members were present:
William Rohloff, Chairman
Bronwyn Brock
Jim Dippold
Ron Pankey, Alternate
Special Board Members:
Jim Witt, City Manager
John Mark Bonnot, Coppell Chamber of Commerce
Gary Sieb, Director of Planning
Council Liaison: Mitch Reitman
Partnership Members: Jim Cowman, Chairman
Dave Greer
Don Keach
Kirk King
Frank Toth
Guest: Chuck Sturgess
Kathleen Roach
Item 1 Call to Order: Chairman Rohloff called the meeting to order at 8:35 a.m.
Item 2 Review and Approval of Minutes October 22, 1994:
The minutes were approved unanimously upon a motion from Bronwyn Brock and
a second from Ron Pankey.
Item 3 Discussion of Economic Development Board/Partnership Agreement:
Chairman Rohloff opened the discussion of the pending Agreement between the
City of Coppell and the Coppell Chamber of Commerce/Partnership. City
Manager Jim Witt advised all that the Marketing dollars had been added back into
the Contract. Also, this document is the standard Contract the City has entered
into with the Chamber over the last couple years, but the Partnership concepts
have been integrated. The Management Committee as been added in for more
effective control of where the monies are actually being spent. Mr. Witt also
advised that he thought this Contract would be for a three year period, with
annual renewals. In order to allow for citizen input, it was suggested some
guidelines be added for the Council in terms of who they select to serve on this
Partnership. General discussion ensued. Question was raised about meetings and
the minutes being open to the public. Jim Witt advised that the Management
Committee meetings would have to be properly posted and minutes recorded.
Regarding the appointments from the Council, Jim Witt said he expected these
positions would be applied for in the same way as the other Boards and
Commissions. Wording on the selection of Management Committee
representatives from the Chamber of Commerce could be modified to allow for
more representation from the open citizenry. Question was raised that the new
contract does not provide for a City liaison or any direct contact with the City.
Jim Witt and Mitch Reitman explained that a Council liaison would be appointed
as a matter of fact. However, since the Partnership was supposed to be a
combination of City, Chamber and Citizens, it was suggested that ex officio
members be added - the City Manager, the Director of Planning and the
Executive Director of the Chamber. The Management Committee has the ability
to develop a City-wide plan, but could have some outside activities that do not
require City involvement. Agreement should read that the Management
Committee shall provide the City with monthly reports. Question was raised on
City funding - what about dollars not spent being rolled over into the next years
budget? Mitch Reitman and Jim Witt explained that all dollars flowing from the
City not spent by the end of the budget year goes back into the City to be re -
appropriated by the City. It was suggested this be put into the contract.
After all the above discussion was concluded, a motion was made by Jim Dippold
to approve the Partnership Agreement with the noted changes. Ron Pankey
seconded the motion. The motion passed unanimously.
Bill Rohloff expressed his thanks to all who have been involved in the process of
preparing the contract agreement.
Item 3 Economic Development Update:
Gary Sieb, Director of Planning, gave a presentation on economic development
activities in Coppell. Several of these areas will be going forward to the Council
for approval at the December 13th meeting.
John Mark Bonnot handed out his monthly development update to everyone
present.
Item 4 Other Business:
After some discussion, the Board agreed they would like to continue as a Board
until after the final report from Fantus is presented in late January, 1995.
However, it was decided that the Board would meet in regular session on
Wednesday, December 14th, instead of December 7th. Chairman Rohloff stated
he would like to draft a letter of recommendation to the Council regarding the
Partnership Agreement and the sunsetting of the Economic & Business
Development Board. This letter would be attached to the Agreement when it goes
to Council for approval.
There being no further business, the meeting was adjourned at 9:55 a.m.
Respectfully submitted,
Kathleen Roach
Executive Secretary to the City Manager
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minutes 1.119
Memorandum
Date: October 24, 1994
To: Jim Cowman, Bill Roll
o f,1John Mark Bonnot
From: Jim Witt, City Manager,
Subject: Amendment of Contract wi City of Coppell and Chamber of Commerce
After our meeting last Saturday, I had the opportunity to review the existing contract between
the Chamber and the City of Coppell. I would like to suggest the following subsections be
inserted into the contract. These subsections deal with integrating the comments made at
Saturday's meeting and other prior meetings with the Partnership at Rediform. I hope you will
review these items and provide me your comments in a timely manner so that revisions can be
made before our November 16, 1994 meeting.
Contract Administration
Contract shall be administered by the Management Committee as set forth in the following
paragraphs.
Management Committee
The Management Committee shall prepare and submit the annual work program, budget and
improve all revisions thereof related to the administration of this contract. The Management
Committee's powers are limited by those expressly set forth in this contract. The Committee
shall meet at least once a month and shall be responsible for the overall financial administration
of this contract, as well as implementation of its work plan as set forth in the annual program.
The Management Committee shall consist of nine (9) individuals. Members shall be appointed
as follows: four individuals shall be appointed by the Coppell Chamber of Commerce, and four
members shall be appointed by the City of Coppell., and a Chairperson The Chairperson, for
the initial year of this contract, shall be the individual presently serving as Chairperson of the
Economic Development Partnership. In order to achieve staggered terms, the Coppell
Chamber's initial appointments for fiscal year 1995 shall consist of two appointments for two-
year terms and two appointments for one-year terms. The four initial appointees for the City
Council shall likewise be for two two-year terms and two for one-year terms. From that point
forward, all appointments will be for two-year terms or to fill the remaining portion of a term
in the event of a vacancy. In the event of a vacancy, either organization shall fill that vacancy
in as prompt a manner as possible, subject to their respective by-laws and/or governing
ordinances.
Chairperson
A Chairperson shall be elected no later than October 1st of each year and shall serve a one-year
term, effective October 1st through September 30th. The Chairperson may be able to succeed
himself/herself for an additional fiscal year upon nomination and approval by the Management
Committee. The Chairperson shall be selected from the membership of the Management
Committee, as appointed by the Coppell Chamber and the City Council. Once this appointment
is made, the vacancy created shall be filled in the manner as mentioned in the previous
paragraph.
Budget and Work Plan
By July 1st of each year, the Management Committee shall develop a budget and work plan to
be submitted to the Council Finance Committee for budget appropriation. Failure of the
Committee to submit this work plan may result in the termination of funding through the City
of Coppell.
Committees
The Management Committee shall create study committees and standing committees as needed.
The composition of those committees shall include one Management Committee appointee from
both the City Council and the Chamber of Commerce.
Meetings
The Management Committee shall meet on a monthly basis at a time and place to be set forth
by the majority of membership.
Responsibilities
The Management Committee shall be responsible for the timely implementation of the services
set forth in this contract as well as the preparation of future work plans for the Economic
Development Partnership.
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amend 10.24
AGREEMENT FOR PROFESSIONAL SERVICES
This agreement is made and entered into as the 1st day of October, 1994 (the
"effective date") by and between the City of Coppell ("City"), a municipal corporation and
political subdivision of the of the State of Texas, acting through its duly authorized Mayor,
and Coppell Chamber of Commerce (the "Chamber"), acting by and through its duly
authorized President.
Recitals
Whereas, the City Council desires to promote economic development and to
stimulate business and commercial activity in the City of Coppell; and
Whereas, the City desires to engage the services of the Coppell Chamber of
Commerce as an independent contractor and not as an employee to provide services on the
terms and conditions provided in this Agreement; and
Whereas, the Coppell Chamber of Commerce desires to render professional services
for the City on the terms and conditions provided in this agreement;
Whereas, the Coppell Chamber of Commerce has the knowledge, understanding, and
experience to respond in a highly professional and expedient manner to current industrial
prospect inquiries and specific needs, and to foster economic development.
Therefore, the City engages the services of the Coppell Chamber of Commerce, and
in consideration of the mutual promises contained in this contract, the parties agree as
follows:
Term
1. This Agreement shall be for a period of one (1) year, commencing on October 1,
1994, but may be terminated at any time by either party by giving thirty days' written
notice to the other party.
Services
2. The professional agrees to provide the professional services as set forth herein in
accordance with the terms and conditions of this Agreement.
3. Daily Operations
A. Demographic Inquiries - The Coppell Chamber of Commerce will respond to
all inquiries concerning demographic data for all prospective businesses and
residents.
B. Greater Dallas Chamber of Commerce Proposals - The Coppell Chamber of
Commerce will prepare and deliver all proposals required from the Greater
Dallas Chamber of Commerce in regard to possible prospects.
C. Personal Business Consultations - The Coppell Chamber of Commerce will
consult with any potential or existing business requiring assistance in the
preparation of a business plan or any other assistance needed for their
satisfactory relocation or expansion.
D. Economic Development Allies Networking - Coppell Chamber of Commerce
will maintain contact with economic development allies in the metroplex and
state. Visibility for Coppell will be maintained through attendance at
economic development professionals association meetings, conferences, etc.
E. Reporting - Coppell Chamber of Commerce will keep the City Manager and
the Chairman of the Economic and Business Development Board informed
of major activities. A full report of all economic development activities will
be presented at the monthly meeting of the Economic and Business
Development Board, including any and all economic development inquiries.
4. Projects
A. Statistical Data Base - The Coppell Chamber of Commerce will develop and
maintain a statistical data base for use in responding to economic
development inquiries.
B. Existing Facilities Inventory - The Coppell Chamber of Commerce will create
and maintain an inventory of available facility space including building
specifications and contact persons. Information will be filed with certain
public utilities, the Texas Department of Commerce, and the City of Coppell.
C. Existing Sites Inventory - The Coppell Chamber of Commerce will create and
maintain an inventory of available land sites complete with site sheets on each
piece of property. Information will be filed with certain public utilities, the
Texas Department of Commerce, and the City of Coppell.
D. Marketing Materials - The Coppell Chamber of Commerce will assist
members of the Economic and Business Development Board in developing
marketing materials
E. Strategic Plan for Economic Development - The Coppell Chamber of
Commerce will work with the Economic and Business Development Board in
the development of an overall economic development plan for the City of
Coppell. This plan will be coordinated with the Coppell City Council and the
Board of Directors, Coppell Chamber of Commerce.
Use of Agents or Assistants
5. To the extent reasonably necessary for the Coppell Chamber of Commerce to
perform the duties under this Agreement, the Coppell Chamber of Commerce shall
be authorized to engage the services of any agents, assistants, persons, or
corporations that the Coppell Chamber of Commerce may deem proper to aid or
assist in the performance of the duties. The cost of assistance shall be borne
exclusively by the Coppell Chamber of Commerce and shall not be reimbursed by the
City unless otherwise provided herein.
Facilities
6. The Coppell Chamber of Commerce shall furnish the facilities and equipment
necessary to perform the services required under this Agreement unless otherwise
provided herein.
Compensation
7. The City shall compensate the Coppell Chamber of Commerce for the services to be
performed under this Agreement by payment of a total of Twenty -Nine Thousand
One Hundred and No/100 Dollars ($29,100.00), as follows:
A. Administrative Supervision $159000.00
Coppell Chamber of Commerce staff supervision of all aspects of the
economic development program. All requests for information from
industrial/business prospects will be directed to and coordinated by the
Executive Vice President. Also includes establishing and maintaining a
statistical data base for use in responding to economic development inquiries.
B. Information Collection and Distribution $ 3,750.00
Includes purchase of statistical data, postage, copying of materials required to
respond to economic development inquiries, business plan assistance, etc.
C. Operating and Maintenance Expense $ 6,850.00
Prorate costs of maintenance of office equipment, phone lines, utilities, rent,
supplies, etc.
D. Economic Development Networking $ 3,500.00
Includes costs related to establishing a visible presence for Coppell in the
community of Economic Development Professions in the metroplex and state.
Costs including membership dues, conference fees, travel expense, meals,
continued education courses, etc.
E. City agrees to remit to the Coppell Chamber of Commerce the agreed fee in
monthly installments as scheduled below, to be paid on the first Friday of
each month commencing with the effective date of this agreement and has
approved the expenditure of such funds in compliance with the above
mentioned budget on the terms and conditions herein set out.
SCHEDULE OF PAYMENTS AMOUNT
October 7, 1994
$ 29425.00
November 4, 1994
$ 2,425.00
December 2, 1994
$ 2,425.00
January 6, 1995
$ 29425.40
February 3, 1995
$ 29425.00
March 3, 1995
$ 2,425.00
April 7, 1995
$ 29425.00
May 5, 1995
$ 2,425.00
June 2, 1995
$ 2,425.00
July 7, 1995
$ 2,425.00
August 4, 1995
$ 29425.00
September 1, 1995
$ 2,425.00
Total $299100.00
F. In addition to the budget items above, the Chamber, as the operational arm
of the Economic Development Partnership, shall provide the Economic and
Business Development Board with monthly reports and statements, as
necessary, for the following budgeted Partnership activities:
Strategic Planning
$ 11,000.00
Survey local landowners, business owners, and city council members to
determine viewpoints on economic development; run economic development
models using Dallas Central Appraisal District forecast and Fantus program.
Marketing Division
$,22,000.00
Provide for new or upgrade existing collateral and promotional materials;
develop both a proactive and reactive lead generation program; develop a
newsletter targeted towards land developers and commercial real estate
brokers with information on local economic development initiatives.
Product Improvement $ 500.00
Create construction schedules for highway and street construction to and
around the city; create an overall land use plan; develop a list of local air
carriers and freight handlers; initiate meetings with utility companies and city
departments providing key areas of service to the city; establish flow chart for
development and interview contractors regarding their views of the local
building process.
Business Retention and Expansion $ 89900.00
Sponsor a monthly lunch or breakfast format with Mayor, community leaders,
and major business owners; sponsor a special reception for major CEO/CFO's,
city, and business leaders.
Response Team $ 7,000.00
Provide for expenditures related to travel and public relations for community
representatives to help respond to basic and specific questions and concerns
of future prospects and potential users.
Project Completion
8. The professional services shall be completed as contemplated by this Agreement by
September 30, 1995.
Devotion of Time
9. The Coppell Chamber of Commerce shall devote such time as is reasonably necessary
for the satisfactory performance of its duties under this Agreement.
Insurance
10. The Coppell Chamber of Commerce shall maintain a policy of comprehensive
general liability insurance in the minimum amount of five hundred thousand dollars
($500,000) to cover any claims arising out of the performance of services under this
Agreement, and shall further indemnify, save harmless, and defend the City from any
claims arising from any acts of the Coppell Chamber of Commerce or the Coppell
Chamber of Commerce's agents. The City shall be an additional named insured on
such policy and the Coppell Chamber of Commerce shall provide a completed
certificate to that effect at the time of the execution of this Agreement.
Entire Agreement
11. This Agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the
parties respecting this subject matter.
Assignment
12. Neither this Agreement nor any duties or obligations under it shall be assignable by
the Coppell Chamber of Commerce without the prior written consent of the City.
In the event of an assignment by the Coppell Chamber of Commerce to which the
City has consented, the assignee, or the assignee's legal representative shall agree in
writing with the City to personally assume, perform, and be bound by all the
covenants, obligations, and agreements contained in this Agreement.
Successor and Assigns
13. Subject to the provisions regarding assignment, this Agreement shall be binding on
and inure to the benefit of the parties to it and their respective heirs, executors,
administrators, legal representatives, successors, and assigns.
Attorneys' Fees
14. If any action at law or in equity is brought to enforce or interpret the provisions of
the Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in
addition to any other remedy to which the party may be entitled.
Governing Law
15. The validity of this Agreement and any of its terms or provisions, as well as the rights
and duties of the parties, shall be governed by the laws of the State of Texas and any
venue for any action concerning this Agreement shall be in Dallas County, Texas.
Amendment
16. This Agreement may be amended by the mutual agreement of the parties to it, in a
writing to be attached to and incorporated in this Agreement.
Legal Construction
17. In the event any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in it.
Personal Services of the Coppell Chamber of Commerce
18. It is the intent _of this Agreement to secure the personal services of or a duly
authorized and competent representative or representatives of the Coppell Chamber
of Commerce acceptable to the City. Failure of the Coppell Chamber of Commerce
for any reason to make the personal service such a person available to the City to the
extent necessary to perform the services required skillfully and promptly shall be
cause for termination of the contract. The Coppell Chamber of Commerce, its
officers, agents and employees shall make themselves available to consult with the
City, its offices, agents and employees at reasonable times concerning any matter
pertaining to the subject matter of this Agreement.
Compensation Withheld
19. Whenever the City shall have reasonable grounds for believing that the Coppell
Chamber of Commerce will be unable to perform this Agreement fully and
satisfactorily within the time fixed for performance, or a meritorious claim exists, or
will exist against the Coppell Chamber of Commerce, or the City arising out of the
negligence of the Coppell Chamber of Commerce or the Coppell Chamber of
Commerce's breach of any provision of this Agreement, then the City may withhold
payment of any amount otherwise due and payable to the Coppell Chamber of
Commerce under this Agreement. Any amount so withheld may be retained by the
City for that period as it may deem advisable to protect the City against any loss, and
may after written notice to the Coppell Chamber of Commerce be applied in
satisfaction of any claim described here. This provision is intended solely for the
benefit of the City, and no person shall have any right against the City or claim
against the City by reason of the City's failure or refusal to withhold compensation.
No interest shall be payable by the City on any amounts withheld under this
provision unless otherwise required by law. This provision is not intended to limit
or in any way prejudice any other right of the City.
Final Payment Acceptance
20. The acceptance by the Coppell Chamber of Commerce, his successor or assigns of
any payment made on the final statement for services under this Agreement, or any
final payment due on termination of this Agreement, shall constitute a full and
complete release of the City from all claims, demands and causes of action that the
Coppell Chamber of Commerce, or its successors or assigns have or may have against
the City under the provisions of this Agreement.
Liabilities
21. The Coppell Chamber of Commerce shall not assert any claim arising out of any act
or omission by any officer, agent or employee of the City in the execution or
performance of this Agreement against that officer, agent or employee. Those claims
may be made against the City.
??. The Coppell Chamber of Commerce shall require any subcontracted professional or
consultant or other agent or assistant of the Coppell Chamber of Commerce to agree
in their respective contracts not to make any claim against the City, its officers,
agents or employees by reason of the performance of this Agreement or any
subcontract relative hereto.
23. Nothing in this Agreement shall be construed to give any person other than the City
and the Coppell Chamber of Commerce any legal or equitable right, remedy or claim
under this Agreement; but it shall be held to be for the sole and exclusive benefit of
the City and the Coppell Chamber of Commerce.
Notice
24. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to City or Coppell Chamber of Commerce.
Dated this day of , 19
CITY OF COPPELL, TEXAS
BY:
MAYOR
ATTEST:
BY:
CITY SECRETARY
COPPELL CHAMBER OF COMMERCE
BY:
PRESIDENT
NOTICE OF MEETING
ECONOAHC & BUSINESS DEVELOPMENT BOARD
Saturday, November 19, 1994
Meeting Time: 8:30 a.m. (Open to the Public)
Meeting Place: Executive Conference Room at the
Coppell Town Center, 255 Parkway
Boulevard, Coppell, Texas
Notice is hereby given that the Economic and Business Development Board
will meet in regular session on Saturday, November 19, 1994, at 8:30
a.m., in the Executive Conference Room at the Coppell Town Center, 255
Parkway Boulevard, Coppell, Texas. The purpose of the meeting is to
consider the following items:
Item 1: Call to Order
Item 2: Review and Approval of Minutes, October 22, 1994
Item 3: Discussion of Economic Partnership Contract
Item 4: Economic Development Update, Gary Sieb
Item 5: City Manager's Report
Item 6: General Discussion and Other Business
Adjournment
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the Town Center of the City of
Coppell, Texas, on Monday, November 14, 1994.
Kathleen Roach, Executive"Secretary to the City Manager
Public Notice Statement for ADA Compliance
The City of Coppell acknowledges its responsibility to comply with the Americans with Disabilities Act of
1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign
interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to
the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals
make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator, or other designated
official at (214)462-0022 or (TDD 1 -800 -RELAY, TX, 1-800-735-2989).
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