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R2008-012 2008-02-04RESOLUTION NO. R2008-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH THE PEARLAND AREA CHAMBER OF COMMERCE FOR BUSINESS RETENTION AND EXPANSION SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and the Pearland Area Chamber of Commerce, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with the Pearland Area Chamber of Commerce, for Business Retention and ExpansionServices. PASSED, APPROVED and ADOPTED this the 4 day of ry, A.D., 2008. � EID ...••�,.aai'��:•".._ MAYOR ; o ,- ATTEST: _�; : v�.. _ . .. .. _ RETARY APPROVED AS TO FORM: (� 4. ��� DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2008-12 08-0004 CONTRACT FOR SERVICES PEARLAND AREA CHAMBER OF COMMERCE BUSINESS RETENTION AND EXPANSION PROGRAM This Contract for Services (the "Contract") dated f �� 4, 2008 is made and entered into by and between the Pearland Economic Development Corporation, a Texas corporation organized and existing under the Development Corporation Act of 1979, as amended from time to time (the "PEDC"), and the Pearland Area Chamber of Commerce (the "Chamber"). RECITALS WHEREAS, the PEDC and the Chamber have previously entered into Contracts of this nature and wish to enter into another one; WHEREAS, the role of the Chamber has traditionally been to serve existing businesses and the role of the PEDC has been to attract new businesses and create new jobs; WHEREAS, economic development in Pearland has been characterized by rapid growth, which has presented unique opportunities for a collaborative effort by the PEDC and the Chamber to wark together to enhance and expand the economic base of the City of Pearland; WHEREAS, the parties hereto have determined that in order far the economic base of the City to continue to grow and prosper, the businesses of the City of Pearland must have the opportunity to expand their operations and to create and/or retain quality jobs as well; WHEREAS, the Chamber wants to serve the business community through activities and educational programs that will enhance and strengthen the business climate in the City of Pearland; WHEREAS, the purpose of the PEDC is to encourage the development and use of commercial resources and basic job creation and retention within the City of Pearland, the PEDC has determined that it is in the best interest of the public and the City of Pearland to enter into this Contract with the Chamber whereby the Chamber will provide certain services for those purposes to the PEDC as stated below; WHEREAS, the Chamber agrees to provide the services outlined below subject to the conditions hereinafter set forth and for the consideration expressed for the purpose of assisting the PEDC in retaining and promoting existing businesses and developing new businesses within the City of Pearland; NOW, THEREFORE, for and in consideration of the above recitals and the terms, conditions and requirements hereinafter set forth, the Parties agree as follows: Page 1 of 5 THE CHAMBER AGREES TO: 1. On or before May l, each year of this agreement, prepare and submit to the PEDC Board, for its review, an itemization of proposed expenditures of the PEDC funds. 2. Keep all funds provided by the PEDC in a separate account and will not co-mingle the PEDC funds with other Chamber funds. 3. To provide an accounting quarterly to the PEDC to apprise the PEDC of the Chamber's use of the PEDC funds. 4. On behalf of the PEDC, to provide the following services during the term of this Contract, the Chamber shall: a. provide services to better serve the needs of new and existing businesses by establishing a protocol for receiving and responding to requests for information about Pearland, labor force, available real estate and other relocation questions about the city from new and existing employers and employees moving to the City. As part of this service, the Chamber agrees to publicize this service to all new and existing businesses in its monthly newsletter to members of the Chamber. b. conduct a survey of business owners and operators and make periodic visits of retail and service employers and work with PEDC staff to visit large employers (40 or more employees) in the City to identify needs and opportunities for growth and expansion. The Chamber will periodically interview management at retail and service companies within the City of Pearland and, with the assistance of the PEDC staff, interview management at larger companies (those employing 40 or more employees) within the City of Pearland for the purpose of identifying needs and opportunities for growth and expansion. The Chamber will prepare and present a detailed written summary of the results of the survey and of the interviews, including recommendations for addressing the opportunities for business retention and expansion identified in the report, to the PEDC every six months. c. The Economic Development Committee of the Chamber will host 3 events for the purpose of providing owners and managers of local businesses an opportunity to meet on a regular basis to discuss mutual concerns and opportunities. To the extent that opportunities for business retention and expansion are identified during those meetings, the Economic Development Committee of the Chamber will report them to the Chamber and the Chamber will submit that report to the PEDC. d. establish and promote a"Welcome Program" for new businesses that will consist of the following: ❑ Overview presentation on the City of Pearland for employees of new businesses Page 2 of 5 ❑ Prepare and distribute informational packets to persons or firms requesting community or site location information about Pearland. The informational packets may include, but shall not be limited to, promotional materials provided by local Pearland businesses, including promotional materials provided by businesses that are members of the Chamber and materials prepared by PEDC as they relate to demographics, labor market and commercial sites; ❑ Conduct tours of the City of Pearland, upon request of the Executive Director of the PEDC, to assist personnel of new businesses moving to the City in becoming familiar with the City of Pearland; o Participate in new business open house events; and ❑ Deliver a"Welcome to Pearland" gift when any new business employing 40 or more employees opens a location within the City of Pearland. f. Conduct a minimum of three (3) educational seminars during the term of this Contract addressing issues designed to strengthen the skills and operations of local businesses. g. Provide print and electronic collateral materials designed to assist existing business and industry in the City of Pearland with community resources for business assistance such as San Jacinto College Small Business Development Center, Pearland College Center, SCORE City of Pearland Development Guide and other services to assist with business growth and expansion. h. Assist in facilitating and promoting workforce development and training designed to help businesses expand and grow their employment base in the City of Pearland. Develop, draft and present to the Chamber and PEDC on or before October l, 2008 a "Business Retention and Expansion Plan for 2009." Further, the Chamber will present written quarterly reports to the PEDC within thirty (30) days of the quarters ending in December, March, June, and September. The Chamber will also submit an annual summary of its "Business Retention and Expansion Plan" activities and accomplishments to the PEDC no later than December 31 of each year. THE PEDC AGREES TO: 1. In consideration for the Chamber's services to be provided as outlined herein, the PEDC will compensate the Chamber for services rendered in connection with the administration and implementation of the Business Retention and Expansion Plan in the amount of $10,500.00 per month in calendar year 2008 and $11,025.00 per month in calendar year 2009. This payment for services rendered by the Chamber will be paid by the PEDC by check on or before the first business day of each month, beginning the month following the adoption of this contract. Page 3 of 5 GENERAL PROVISIONS: l. The term of this Contract shall be for a 24 month period beginning January 1, 2008, concluding at the end of PEDC's calendar year December 31, 2009. Subject to annual review and approval by all of the Parties hereto, the Contract may be extended by mutual written agreement. Either Party shall have the right to cancel this Contract by providing ninety (90) days written notice to the other pursuant to the terms of Paragraph 12 below. 2. Default by any of the Parties shall be a result of a failure to perform and/or complete all or part of the Parties' respective obligations as specified within this Contract. Upon the event of a default, the non-defaulting party shall notify the defaulting party in writing that a default has occurred. Upon receipt of such notification, the defaulting party shall have a period of thirty (30) days within which to cure the default. If the default is not timely cured, the non-defaulting party may declare this Contract terminated and, from the date of such declaration, shall not incur liability for non-performance, unless the parties agree in writing to extend the cure period or to waive the default. 3. This Contract shall inure to the benefit of the Parties hereto. This Contract is not and shall not be assignable by the Chamber without the prior written consent of the PEDC, which consent may be withheld by the PEDC in its sole and absolute discretion. 4. This Contract shall be construed according to the laws of the State of Texas and is subject to all provisions of Vernon's Ann. Civ. St. Art. 5190.6 which are incorporated herein by reference for all purposes. In the event any provision of this Contract is determined to be in conflict with Article 5190.6, the provisions of Article 5190.6 shall prevail and the PEDC shall incur no liability should such conflict be deemed to interfere with the PEDC's ability to perform the Contract. 5. Except as expressly stated herein the Contract contains the entire agreement of the Parties regarding the within subject matter. This Contract may only be modified, amended and/or revoked by the written agreement executed by all of the Parties hereto. 6. This Contract shall be governed by the laws of the State of Texas and is specifically performable in Brazoria County, Texas. 7. Any notice required or permitted to be given under this Contract shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other address as any Party hereto might specify in writing: PEDC: Pearland Economic Development Corporation 3519 Liberty Drive Pearland, Texas 77581 Attention: Mr. Fred Welch , Executive Director Page 4 of 5 Chamber: Pearland Area Chamber of Commerce 3515 Liberty Drive Pearland, Texas 77581 Attention: Ms. Carol Artz, President By the execution hereof, each signatory hereto represents and affirms that he/she is acting on behalf of the Party indicated, that such Party has taken all action necessary to authorize the execution and delivery of this Contract and that the same is a binding obligation on such Party. 9. Multiple copies of this Contract may be executed by the Parties, each of which shall be deemed an original thereof. EXECUTED this � day of FPhr���r� , 2008. ECONOMIC DEVELOPMENT CORPORATION : red Welch Its: Executive Director of Economic Develo mo ent PEARLAND AREA CHAMBER OF COMMERCE , By: ��lf' I , Its: `.�5�� ��.�" Page 5 of 5 MINUTES OF A REGULAR MEETING OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ("PEDC") BOARD OF DIRECTORS OF THE CITY OF PEARLAND, TEXAS HELD MONDAY, DECEMBER 10, 2007 AT 5:00 P.M., 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,TEXAS. CITY COUNCIL MEMBERS MAY ALSO BE ATTENDING. Call to order The meeting was called to order at 5:00 p.m.with the following present: BOARD MEMBERS Chairman George Sandars Vice Chairman Ed Thompson Secretary Lucy Stevener Board Member Katheleen Hartin Board Member Gary Idoux Board Member David Stedman Due to a conflict in schedule, Board Member Virgil Gant was unable to attend the meeting. EX-OFFICIO MEMBERS City of Pearland Bill Eisen City of Pearland Mayor Tom Reid Chamber of Commerce Carol Artz STAFF MEMBERS Fred Welch Gregg Albritton RamOn Lozano Janice Vega Minutes of a Regular Meeting December 10,2007 Page 2 II. Approval of Minutes: Secretary Lucy Stevener made the motion, seconded by Board Member Gary Idoux to approve the minutes of the Regular Meeting of November 19, 2007. Motion Passed: 6 -0 III. Board Member Reports: Katheleen Hartin—Attended University of Houston event George Sandars — Attended a meeting with State Representative Mike O'Day regarding workforce training. Also attended a prospect meeting. David Stedman — Announcement regarding the 2008 Action Summit with Congressman Nick Lampson. • IV. Monthly Financial Report: Reviewed and discussed Pearland Economic Development Corporation Financial Report for the period ending October 31, 2007. V. Executive Director's Report: Executive Director Fred Welch reported on a prospect visit on December 4, 2007. The prospect came to the PEDC through the Greater Houston Partnership. On Friday, December 14th, PEDC staff will travel to Louisiana to visit a firm interested in moving their manufacturing facility to Texas. VI. Public Comments: None VII. Other Business EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE The meeting was adjourned to enter into Executive Session at 5:47 p.m. 1. SECTION 551.087—Deliberations Regarding Economic Development Incentives. The Board reconvened into Open Session at 7:01 p.m. VIII. New Business A. Contract with Pearland Area Chamber of Commerce: Board Member David Stedman made the motion, seconded by Board Member Katheleen Hartin to remove from table the contract with the Pearland Area Chamber of Commerce. Motion Passed: 6-0 B. Contract with Pearland Area Chamber of Commerce: Board Member David Stedman made the motion, seconded by Board Member Katheleen Hartin to approve a two year contract with the Pearland Area Chamber of Commerce to include a 5% increase in payment in year one and an additional 5% in year two. C. Economic Development Incentives: Vice Chairman Ed Thompson made the motion, seconded by Board Member David Stedman to remove from table the economic development incentives for Prospect#0727. • Motion Passed: 6 -0 - Minutes of a Regular Meeting December 10,2007 Page 3 D. Economic Development Incentives: Vice Chairman Ed Thompson made the motion, seconded by Secretary Lucy Stevener to approve an economic development incentive grant for Prospect #0727 in the amount of$300,000.00. The grant to be paid in three phases of$100,000.00 each upon completion of each of the three building phases. In addition, a second lien would be required on the property. The total project to be completed within five years of the start of construction. Motion Passed: 5—0 Abstained: 1 (Gary Idoux) E. Economic Development Incentives: Vice Chairman Ed Thompson made the motion, seconded by Board Member Katheleen Hartin to approve an economic development incentive grant to -Prospect#0715 to assist in locating a fire hydrant on the property at a reimbursement cost up to $40,000.00 Motion Passed: 6 -0 F. Old Town Site Coordinator: Board Member David Stedman made the motion, seconded by Board Member Katheleen Hartin to advise Executive Director Fred Welch to move forward with the hiring process for an Old Town Site Coordinator. Position to be initially funded between the City of Pearland and the PEDC to arrive at a salary up to $65,000.00. Motion Passed: 5- 1 G. PEDC Meetings — Day/Time: The PEDC meetings will remain on the fourth Monday of each month at 5:00 p.m. IX. Adjournment: Board Member Gary Idoux made the motion, seconded by Vice Chairman Ed Thompson to adjourn the meeting. Motion Passed: 6-0 Minutes approved as submitted and/or corrected this day of ,A.D.,2007. George Sandars, Chairman ATTEST: Lucy Stevener,Secretary