2007R19 Chamber of Commerce Agreement relating to financial support of economic development activitiesRESOLUTION NO. 07 -R -19
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE
SCHERTZ CHAMBER OF COMMERCE RELATING TO FINANCIAL
SUPPORT OF ECONOMIC DEVELOPMENT ACTIVITIES; AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council ") of the City of Schertz, Texas (the
"City ") has determined that it is in the best interest of the City to enter into an agreement with
the Schertz Chamber of Commerce (the "Chamber ") relating to the financial support of the
Chamber economic development activities; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver an Agreement with the Chamber in substantially the form attached hereto as Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
20194482.1
PASSED AND ADOPTED, this 15th day of May, 2007.
CITY OF SCHURTZ, TEXAS
Mayor
ATTEST:
I-W, J-�
Vt Secre ry
(CITY SEAL)
20194482.1
EXHIBIT A
AGREEMENT (SCHERTZ CHAMBER OF COMMERCE)
See attached
20194482.1 A -1
AGREEMENT
This Agreement made and entered into as of this 8th day of May, 2007 (this
"Agreement ") is between the City of Schertz, a political subdivision of the State of Texas (the
"City ") and the Schertz Chamber of Commerce, a Texas non - profit corporation (the "Chamber ").
RECITALS
WHEREAS, future economic growth and development within the City are key goals of
both the City and the Chamber;
WHEREAS, the City currently devotes a significant amount of City staff time to events
and programs promoting economic development and the positive image of the City;
WHEREAS, the Chamber desires to take responsibility for such events and remove the
burden from City staff;
WHEREAS, in order to effectively coordinate such events and programs in the near
future, the Chamber requests financial support from the City;
WHEREAS, the Chamber anticipates that such funding will only be necessary for
approximately three years, providing sufficient time for the Chamber to grow and increase its
sources of outside funds; and
WHEREAS, the City and the Chamber desire to enter into an arrangement to best utilize
available resources to promote the City.
AGREEMENT
For and in consideration of the mutual promises, covenants, benefits, and obligations
hereafter set forth, the City and the Chamber hereby agree and contract as follows:
ARTICLE I
RESPONSIBILITIES OF THE CHAMBER
1.01 Functions and Projects. The Chamber will exclusively coordinate certain
economic development and community development functions previously staffed and presented
by by the City, including, but not limited to, the Business Appreciation Dinner, the 4t of July
Jubilee, and the Festival of Angels. The Chamber will partner with the City to accomplish
certain other projects, including, but not limited to, Relocation Packets, the Schertz Parade float,
a City Business Directory, Visitor 'de, a City map, and a Chamber Coin.
A tiD �
1.02 Visitor's Center. he - amber will use the existing Chamber building as a
Visitors' Center for the City. This Visitors' Center will be used to promote and enhance tourism
and business development in the City.
1.03 Request for Financial Support. The Chamber will, at the beginning of the City's
annual budgeting process for the fiscal year beginning October 1, 2007, provide the City a
proposed budget, detailing the anticipated costs for that fiscal year and breaking out the amount
20194472.1
of funding requested from the City. The Chamber will provide such request annually to a
representative designated by the City Manager (the "City Representative "), until the expiration
of this Agreement.
1.04 Reports to City Council. The Chamber will provide a written report to the City
Council at least once each month during the term of this Agreement. This report will detail the
actions of the Chamber to date, as well as detail all City funds expended.
ARTICLE II
RESPONSIBILITIES OF THE CITY
2.01 City Representative. The City Manager will designate an employee of the City to
act as the City Representative. The City Representative will act as liaison between the City and
the Chamber in all matters relating to this Agreement. The City Representative will be
responsible for recommending approval, denial, or modification of the annual budget request of
the Chamber and approving, denying, or modifying the budget and staffing arrangements for
particular activities covered by this Agreement.
2.02 City Functions. The City will partner with the Chamber to accomplish certain
projects, includinbut not limited to, Relocation Packets, the Schertz Parade float, a City
Business Directory, a C' Vis' rs' Guide, a City map, and a Chamber Coin.
A .
2.03 Financial ort. The City will provide funding to the Chamber for the
remainder of fiscal year 2007 as described on Exhibit A. Future funding shall be determined in
the course of the City's annual budgeting process, as described above. Funding by the City shall
be made from legally available City funds.
ARTICLE III
GENERAL AND MISCELLANEOUS PROVISIONS
3.01 Term. The initial term of this Agreement shall be through September 30, 2007.
This Agreement shall be extended thereafter for successive one (1) year periods unless either
party notifies the other in writing not later than 30 days prior to the end of the then current term
of this Agreement that it does not want to extend the term hereof and if this Agreement is
modified by the City and Chamber to address agreed projects for the ensuing fiscal year. This
Agreement, and the parties' obligations hereunder, shall terminate at the end of the then - current
term if either party gives such notice. In any case, this Agreement shall terminate on September
30, 2010.
3.02 Regulatory Requirements. This Agreement and the obligations of the parties
hereunder are subject to all rules, regulations, and laws that may be applicable by the United
States, the State of Texas, or any regulatory agency having jurisdiction.
3.03 Implied Waiver. The failure of either party hereto to insist, in any one or more
instances, upon performance of any the terms, covenants, or conditions of this Agreement shall
not be construed as a waiver or relinquishment of the future performance of any such term,
covenant or condition by the other party hereto, but the obligation of such other party with
respect to such future performance shall continue in full force and effect.
20194472.1 2
3.04 Approvals or Consents. Whenever this Agreement requires or permits approvals
or consents to be hereafter given by any party hereto, such parties agree that such approval or
consent shall not be unreasonably withheld. Such approval or consent shall be given in writing
and shall be effective without regard to whether given before the time required herein.
3.05 Addresses and Notices. Unless otherwise provided in this Agreement, any notice,
communication, request, replay or advice (herein severally and collectively for convenience
called "notice ") herein provided or permitted to be given, made or accepted by either party to the
other must be in writing and may be given or be served by depositing the same in the United
States Mail, postpaid and registered or certified and addressed to the party to be notified, with
return receipt requested, or by delivering the same to an officer of such part, or by prepaid
telegram or facsimile, when appropriate, addressed to the part), to be notified. Notice deposited
in the mail in the manner herein above described shall conclusively deemed to be effective,
unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it
is so deposited. Notice given in any other manner shall be effective only if and when received
by the party to be notified. For the purposes of notice, the addresses of the parties shall, until
change as hereinafter provided, be as shown below. The parties shall have their right to specify
as its address any other address in the State of Texas by at least fifteen (15) days written notice to
the other party.
If to the City to: City of Schertz, Texas
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
If to the Chamber to: Schertz Chamber of Commerce
1400 Schertz Parkway
P.O. Box 564
Schertz, TX 78154
Attention: President
3.06 Severability. The provisions of this Agreement are severable, and if any word,
phrase, clause, sentence, paragraph, section or other part of this Agreement or the application
thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to
be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section or other part of this
Agreement to the other persons or circumstances shall not be affected thereby.
3.07 Merger. This Agreement constitutes the entire agreement between the parties
relative to the subject matter hereof. There have been and are no agreements, covenants,
20194472.1
representations, or warranties between the parties as to the subject matter hereof other than those
expressly stated or provided for herein.
3.08 Cooperation. Each party hereby agrees that it will take all actions and execute all
documents necessary to fully carry out the purposes and intent of this Agreement.
20194472.1 4
IN WITNESS WHEREOF, the parties have executed the Agreement in multiple copies, each
of which shall be deemed an original as of the date and year first written above.
CITY OF SCHERTZ
By:
Don Taylor
City Mana
SCHERTZ CHAMBER OF COMMERCE
By: ^---�,
Frances Rushi
President
20194472.1 S -1
Exhibit A
Requested Funding for May 8, 2007 through September 30, 2007
Total Cost Chamber Portion City Portion
Events and Ongoing Activities
4th of July Jubilee
$27,179 $13,707 $13,472
Hosted Chamber & Visitors Center/Replacement labor for Jubilee
$9,648 $0 $9,648
Chamber Tourism Functions
Chamber /City Coins
$1,600
City Business Directory
$24,000
City Relocation Welcome Packets (Posta
$2,200
City Float (Public Relations)
$5,100
$800 $800
$12,000 $12,000
ge Only)
$1,100 $1,100
$2,100 $3,000
CITY TOTAL $40,020
20194472.1 A -1
Mayor and Councilmembers:
After extensive discussions with the City Manager Don Taylor and Asst. City Manager
John E. Bierschwale, we have developed a plan that will allow the C of C to conduct
many of the business related activities currently accomplished by City staff. These
functions include the Business Appreciation Dinner, 4t of July Jubilee, and the Festival
of Angels. The primary benefit to the City is significant cost reduction by eliminating
staff hours dedicated to these events.
We also discussed the CC functioning as a Visitors Center to promote and enhance
tourism and business development in the City. In addition we discussed additional items
in partnership with the City such as Relocation Packets, the Schertz Parade float, a City
Business Directory and Visitor's Guide, City map, and a Chamber Coin.
It is our understanding the City currently funds many of these events through the General
or Enterprise Funds. Our hope is that, in the near future the Chamber will be able to hold
most of these events without City funding. However, we will initially need partial
funding until our organization grows sufficiently. We anticipate reaching that point in
approximately 3 years with decreased funding from the City each year until we can stand
on our own.
If you agree with this win -win proposal we will need funding for fiscal year 2007 to
cover the remaining events such as the 4th of July Jubilee, Visitors Center, Relocation
Packages, Business Directory, City float and the Chamber Coin. Based on our
discussions we project a cost of approximately $40,000 as detailed in the attached
proposal. We plan to develop an in -depth Business Plan for submission to Council by the
beginning of the 2008 budgeting process which will project future annual costs.
The Chamber's objective is to promote "Shop Schertz — the Business Friendly City" in an
effort to increase sales and business taxes within the city.
We thank you for your support and are available to answer any and all questions you
might have.
Sincerely,
Frances Rushing
President
Schertz Chamber of Commerce
Hotel -Motel Tax Sharing Proposal
REQUESTED PROPOSAL FOR CITY SUPPORT OF CHAMBER FOR THE MONTHS OF MAY -SEP
Events & Ongoing Activities
Total City Cost
Jubilee Event
Total Cost
27,179
Chamber portion
13,707
City portion
13,472 13,472
Hosted Chamber & Visitor Center
& replacement labor for Jubilee
Total Cost
9,648
Chamber portion
0
City portion
9,648 9,648
Chamber Tourism Functions
Chamber /City Coins
Total Cost 1,600
Chamber portion 800
City portion 800 800
City Business Directory
Total Cost 24,000
Chamber portion 12,000
City portion 12,000 12,000
City Relocation Welcome Packets (Postage Only)
Total Cost 2,200
Chamber portion 1,100
City portion 1,100 1,100
City of Schertz Float (Public Relations)
Total Cost 5,100
Chamber portion 2,100
City portion 3,000
TOTAL COSTS TO CITY OF SCHERTZ
3,000
40,020