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R2010-039 - 2010-03-22 RESOLUTION NO. R2010 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR MARKETING AND BUSINESS RETENTION SERVICES WITH THE PEARLAND CHAMBER OF COMMERCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for marketing and business retention services with the Pearland 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 for marketing and business retention services with the Pearland Chamber of Commerce. PASSED, APPROVED and ADOPTED this the 22 day of March, A.D., 2010. riyyc.J TOM REID MAYOR ATTEST: YO G F G,T C 10 A `v)_ C SE TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT Exhibit A 2 ((Ps" CONTRACT FOR SERVICES PEARLAND CHAMBER OF COMMERCE BUSINESS RETENTION, EXPANSION AND MARKETING PROGRAM This Contract for Services (the "Contract dated 2010 is made and entered into by and between the Pearland Economic Development Corporation (the "PEDC a Texas corporation organized and existing under the Development Corporation Act of 1979, as amended from time to time, and the Pearland 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, 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 work together to enhance and expand the economic base of the City of Pearland; WHEREAS, the parties hereto have determined that in order for 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 education 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: THE CHAMBER AGREES TO: 1. On or before May 1, 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. Marketing In conjunction with the EDC, participate in the accomplishment of 2009 Innovation Pearland Implementation Matrix and Performance Measures as stipulated in the APPENDIX A in the attached document. 1. Coordinate with the EDC to implement the strategies assigned to the Chamber in the EDC Strategic Plan. 2. Communicate progress via quarterly reports, especially the targeted development opportunities that arise from the EDC Strategic Plan. 3. Work with PEDC staff and consultants to assure that a consistent message is presented through the Chamber, PEDC and City media on the agreed upon branding for the City and region. 4. Work with PEDC staff in 2010 to reach agreed upon benchmarks, metrics and reporting procedures as identified by the PEDC. 5. Upon request, present an overview of the City of Pearland for employees of new businesses. b. Business Retention and Expansion Through BizConnect, a business retention and expansion program, develop a proactive message and marketing strategy promoting Pearland as a business friendly community. Conduct surveys of the prescribed list of primary employers in the City of Pearland submitted by PEDC to the Chamber. Continue using the approved survey tool that incorporate the principals of good business retention and expansion programs from around the country. Periodic visits will seek to determine internal and external issues affecting business retention and expansion for Pearland businesses. The Chamber will coordinate a monthly meeting of all community resource providers who will meet monthly following the BizConnect visits to address the employer needs discovered in the monthly surveys. The Chamber will prepare and present a detailed written and electronic 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 site visits. This report will be given on a monthly basis to PEDC staff, and a quarterly summary given to the PEDC Board. c. The Chamber will publish an annual business resource guide with a brief synopsis identifying industries in the Pearland area to serve as a primary marketing tool for the BizConnect program. It will be distributed to firms visited on retention visits and tours. The guide will be available on the Chamber's website with other entities having options to link to the site. 1. The guide will include all Pearland industries. 2. The guide will be updated and published as data is updated. 5. The Chamber will continue to visit with small businesses (at their discretion, not as a requirement of PEDC), retail and service providers within the city (firms not identified as major employers) and with the assistance of staff, interview management for the purpose of identifying needs of smaller businesses not being covered by the visits with major employers. Results will be communicated to PEDC Board as a part of the Chamber quarterly update. 6. The Chamber will 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. 7. The Commerce Development Team of the Chamber will host three (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 Commerce Development Team of the Chamber will report them to the Chamber and the Chamber will submit that report to the PEDC. 8. The Chamber will establish and promote a "Welcome Program" for new businesses that will consist of the following: a. Overview presentation on the City of Pearland for employees of new businesses; b. 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; c. 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; d. Participate in new business open house events; and e. Deliver a "Welcome to Pearland" gift when any new business employing 40 or more employees opens a location within the City of Pearland regardless of business type (primary or retail). A list of net new businesses and associated business data within the City of Pearland will be provided by the PEDC quarterly in addition to the Chamber's own research to identify new businesses. 9. The Chamber will facilitate the conduct and marketing of at least twelve (12) education seminars during the term of this Contract addressing issues designed to strengthen the skills and operations of local businesses. Coordinate with the San Jacinto Community College Small Business Development Center to market and execute these events. At each event, distribute information about PEDC's programs and statements of support/examples of PEDC's services to the business community. 10. Provide promotion of resources and collaboration with regional strategic partners 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, Alvin Community College Pearland College Center, Northern Brazoria County Education Alliance, SCORE, City of Pearland Development Guide and other services to assist with business growth and expansion. 11. Develop, draft and present to the Chamber and PEDC on or before October 1, 2010 a "Business Retention and Expansion Plan for 2011." Further, the Chamber will present written and electronic 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 in written and electronic formats acceptable to PEDC that are in formats that can be archived appropriately by PEDC. 12. As specified in APPENDIX A attached to this document, the Chamber will be responsible for implementation of portions of the PEDC 2009 Innovation Pearland Strategic Plan. 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 $11,025.00 per month in calendar year 2010 and $11,355.00 per month in calendar year 2011. 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. GENERAL PROVISIONS: 1. The term of this Contract shall be for a 24 month period beginning January 1, 2010, concluding at the end of PEDC's calendar year December 31, 2011. 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 2 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 Vemon's Ann. Civ. St. Art. 5190.6 and subsequent amendments 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 and subsequent amendments 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 govemed 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 retum 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 2947 E. Broadway Pearland, Texas 77581 Attention: Matt Buchanan, Executive Director Chamber: Pearland Chamber of Commerce 6117 Broadway Pearland, Texas 77581 Attention: Ms. Carol Artz, President 8. 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 2010. PEARLAND ECONOMIC DEVELOPMENT CORPORATION By: Printed Name: Executive Director, Pearland Economic Development Corporation PEARLAND CHAMBER OF COMMERCE By: Printed Name: President, Pearland Chamber of Commerce APPENDIX A IMPLEMENTATION MATRIX AND PERFORMANCE MEASURES DUTIES FOR PEARLAND CHAMBER OF COMMERCE GOAL #1: Design and execute an effective marketing strategy for PEDC that addresses the unique role of Pearland as a cornerstone of future development assuring a clearly articulated vision for community and economic development. SUPPORTING IMPLEMENTOR: Strategy #1: Immediate /Short Term Using a diverse array of approaches, disseminate target industry- specific marketing messages to reach businesses in Pearland's five target industries. Strategy #4: Short Term Review how Special Purpose and Management Districts can impact commercial and business development and city economic vitality. PRIMARY IMPLEMENTOR: Strategy #3: Short Term Create target industry prospect teams for each new target industry to meet with companies being recruited to Pearland— providing prospects with solid evidence of public private cooperation in key economic development areas. GOAL #2: Ensure that Pearland has a proactive business climate for attraction, retention and expansion. SUPPORTING IMPLEMENTOR: Strategy #1: Immediate /Short Term Enhance communications with local and Houston regional development community to build an understanding of target industry real estate and infrastructure requirements. PRIMARY IMPLEMENTOR: Strategy #4: Immediate /Short Term Leverage the BizConnect program to develop deeper relationships with businesses, create marketing messages based on success stories, and leverage business supplier knowledge to develop more prospects. GOAL #3: Build a network of support for entrepreneurs. Strategy #3: Improve, coordinate and streamline services to small businesses and entrepreneurs.