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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 /kar 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. JW: kar 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). /kar ebdagel.119