2010R46-BuildNB Marketing Agreement RESOLUTION NO. 10-R-46
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING A_ JOINT MA_RIzFTiNG AGREEMENT
AND CERTAIN ADDITIONAL CONTRACTS AND EXPENDITURES BY
THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION FOR MARKETING AND PROMOTIONAL
ACTIVITIES, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz Economic Development Corporation (the "SEDC") is
organized pursuant to the Development Corporation Act, Title 12, Subtitle C1, Local
Government Code, as amended (the "Act");
WHEREAS, Section 505.158 of the Act permits the SEDC to fund land, buildings,
equipment, facilities, expenditures, targeted infrastructure, and improvements found by the
Board of Directors of the SEDC to promote new or expanded business development;
WHEREAS, expenditures under Section 505.158 of more than $10,000 must be approved
by resolution of the City Council of the City of Schertz, Texas (the "City") after at least two
separate readings; and
WHEREAS, pursuant to Section 505.103 of the Act, the SEDC may not spend more than
ten percent of its corporate revenues for promotional purposes;
WHEREAS, the Board of Directors of the SEDC has determined that the approval of (i) a
Joint Marketing Agreement among the SEDC, the Seguin Economic Development Corporation,
and Bui1dNB.org in substantially the form attached hereto as Exhibit A (the "Agreement") for
regional marketing and promotional activities; (ii) one or more contracts by the SEDC in
furtherance of such activities; and (iii) aggregate expenditures not to exceed $50,000 by
September 30, 2011 in connection with the Agreement and such contracts (together, the
"Regional Project") are in furtherance of the corporate purposes of the SEDC and in the best
interests of the City and its citizens;
WHEREAS, the Board of Directors of the SEDC has determined that the funding of the
Regional Project will promote new or expanded business development within the City;
WHEREAS, the Board of Directors of the SEDC has determined that the approval of (i)
an initiative to promote retail establishments in the City; (ii) one or more contracts by the SEDC
in furtherance of such initiative; and (iii) aggregate expenditures not to exceed $25,000 by
September 30, 2011 in connection with such contracts (together, the "City Project") are in
furtherance of the corporate purposes of the SEDC and in the best interests of the City and its
citizens;
WHEREAS, the Board of Directors of the SEDC has determined that the funding of the
City Project will promote new or expanded business development within the City; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the Regional Project and the City Project proposed by the SEDC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The Agreement is hereby approved, and the President (or inh_is abse_n_ce
the Vice President) of the SEDC is hereby authorized to execute and deliver the Agreement to
the other parties thereto, and the City Manager is hereby authorized to execute any necessary
documents to evidence such approval.
Section 2. The funding of the Regional Project and the City Project by the SEDC is
hereby approved.
Section 3. The President of the SEDC and the Executive Director of the SEDC with
the approval of the President are each hereby authorized by the- City Council to enter into and
execute one or more contracts by the SEDC in furtherance of the Regional Project in an
aggregate amount not to exceed $50,000 through September 30, 2011. The President and/or the
Executive Director shall report any such contracts entered into pursuant to this Resolution to the
Board of Directors of the SEDC at the Board of Directors' next meeting.
Section 4. The President of the SEDC and the Executive Director of the SEDC with
the approval of the President are each hereby- authorized by the City Council to enter into and
execute one or more contracts in furtherance of the City Project in an aggregate amount not to
exceed $25,000 through September 30, 2011. The President and/or the Executive Director shall
report any such contracts entered into pursuant to this Resolution to the Board of Directors of the
SEDC at the Board of Directors' next meeting.
Section 5. 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 6. 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 7. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 8. 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 City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 9. 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, Texas Government Code, as amended.
Resolution 10-R-46.doc -2-
Section 10. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
[The remainder of this page intentionally left blank.)
Resolution 10-R-46.doc '3'
PASSED AND APPROVED on first reading the 17th day of August, 2010.
PASSED AND FINALLY APPROVED on second and final reading the 24th day of
August, 2010.
CITY OF S ' ~ ERTZ, TEXAS
ayor
ATTEST:
t
Secretary
(CITY SEAL)
1
Resolution 10-R-46.doc S-1
Joint Marketing Agreement
See attached
Resolution 10-R-46.doc A-1
JOINT MARKETING AGREEMENT
This Joint Marketing Agreement (this "Agreement") is entered into among the Seguin
Econoarie Developmnn± Corporation, 13ui1_c1N>3,o_rg, and the City of Schertz Economic
Development Corporation (each a "Party" and, together, the "Parties").
WHEREAS, due to their proximity to one another in the Central Texas area, the cities of
Seguin, New Braunfels, and Schertz (individually, a "City" and, together, the "Cities") share
many common economic development goals, including the promotion of primary job creation
and capital investment; and
WHEREAS, recognizing that an economic impact in any one City has an economic
impact throughout the region which encompasses the Cities (the "Region"), the Parties desire to
join together in a marketing effort to promote the Region to employers who create or retain
primary jobs as defined by Texas Local Government Code §501.001 et seq, as amended (the
"primary employer sector"); and
WHEREAS, the Parties desire to memorialize their joint effort by entering into this
Agreement:
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, the Parties agree as follows:
1. The Seguin Economic Development Corporation, Bui1dNB.org, and the City of
Schertz Economic Development Corporation, each representing its respective City, hereby agree
to collaborate in marketing and promoting the Region to the primary employer sector.
2. (a) There is hereby created the Regional Advisory Council (the "Council"),
which shall be charged with providing advice regarding the Parties' efforts hereunder. The
Council shall consist of nine (9) members, three (3) appointed by each Party. Each Party shall
notify the other Parties regarding the identity of its appointees. The Council shall meet at least
quarterly, or more often as needed when called by at least four (4) members of the Council. A
quorum of the Council shall consist of six (6) members, provided that at least one member
representing each City is present. A majority vote of the members present and constituting a
quorum shall be required for official action. The Council shall select a Chairman each year on
the anniversary date of this Agreement, rotating each year with a representative from each City.
(a) The Parties acknowledge that the Council is advisory only, and that any
advice provided by the Council to the Parties shall go to the governing boards of the individual
Parties and potentially their respective Cities for their consideration. The Council shall neither
hold nor manage any funds, but rather shall rely on individual contributions from the Parties and
their voluntary supporters.
3. Each Party shall contribute (or may have contributed on its behalf) in equal shares
to the costs of funding Council initiatives which will promote and market the Region to the
primary employer sector. The marketing effort may include the retention of a marketing firm to
prepare a variety of marketing and promotional tools. Any such proposed marketing plans will
Resolution 10-R-46.doc A'2
be subject to review by the Council, as well as by the governing boards of the individual Parties
and potentially their respective Cities.
4. Each Party shall designate or_e of its appointees as the contact person for Council
activities and to coordinate that Party's day-to-day activities regarding the goals of the Council
for that Party. Such initiatives may involve a variety of activities, including but not limited to
the following:
(b) developing marketing plans, including the creation of logos and marketing
materials, and the equitable sharing of those materials;
(c) proposing a budget for the execution of marketing plans;
(d) engaging in joint research activities;
(e) exchanging pertinent materials and information;
(f) co-hosting meetings of and presentations to industry decision makers;
(g) identifying and profiling potential sites in each City;
(h) engaging in publicity regarding the Parties' marketing and promotional
activities;
(i) equitable sharing of leads generated mutually;
(j) sharing and referring of leads generated individually when appropriate;
(k) participating either jointly or separately in trade show and exhibitions; and
(1) participating in Texas One and/or similar mission trips.
5. This Agreement shall be effective on the date it has been executed by all Parties,
and the initial term of this Agreement shall end on September 30, 2011. This Agreement may
thereafter be renewed on an annual basis with the written consent of each Party. This Agreement
may be terminated by any Party by giving sixty (60) days written notice to the other Parties.
6. Nothing in this Agreement prohibits any Party to this Agreement from
participating in other marketing and/or promotional activities on an individual basis or as part of
a larger or different group of entities.
7. This Agreement shall be enforceable under the laws of the State of Texas.
8. This Agreement may be executed in multiple counterparts, all of such
counterparts together being one document.
The remainder of this page intentionally left blank.)
Resolution 10-R-46.doc A-3
SEGUIN ECONOMIC DEVELOPMENT
CORPORATION
By: 'YI~^
Name: K_~1D55Lt.yYtGU'1
Title: I~Lt_,Vd N(Q~ G7~e.~1-~-
Date of Execution: August ~ , 2010
BUILDNB.ORG
Y
By.
Michael Meek, President
Date of Execution: August , 2010
CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION
Steve White, President
Date of Execution: August Z~/ , 2010
Resolution 10-R-46.doc A-4