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HomeMy WebLinkAbout174-91 RESOLUTION• RESOLUTION NO. 174-91 A RESOLUTION AUTHORIZING CLERK TO ENTER INTO FAYETTEVILLE CHAMBER OF ECONOMIC DEVELOPMENT FOR TO EXCEED $100,000 AND A AMOUNT NOT TO EXCEED $25, THE MAYOR AND CITY A CONTRACT WITH COMMERCE FOR CITY A YEARLY AMOUNT NOT REMAINING QUARTERLY 000. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with the Fayetteville Chamber of Commerce for City Economic Development for a yearly amount not to exceed $100,000 and a remaining quarterly amount for 1991 not to exceed $25,000. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of September , 1991. ATTEST: By APPROVED: By: 1 • AGREEMENT THIS AGREEMENT made and entered into on this / 7 ` day of , 1991, between the City of Fayetteville, Arkansas, hereinafter called "CITY," and the Fayetteville Chamber of Commerce, a non-profit corporation, hereinafter called "CHAMBER;" WITNESSETH WHEREAS, the City of Fayetteville, recognizing the need for continued development and economic diversification, a broader tax base, and increased employment opportumhes and improved quahty of hfe for its citizens, wishes to provide for a coordinated effort to encourage, foster, and promote the economic development of the City and its environs; and WHEREAS, the Chamber has actively promoted business development and economic growth within the region for the purpose of creating jobs, and as a result thereof has obtained certain knowledge and expertise m this field of endeavor; and WHEREAS, it is the desire of the parties hereto that the entities involved m furthering the economic well being combine and coordinate their efforts for such purpose and provide an effective economic development program for Fayetteville, to be operated as hereinafter provided; NOW THEREFORE, m consideration of the covenants and conditions stated herem, and m consideration of the mutual benefits which will accrue to each of the parties hereof, as well as the general citizenry of Fayetteville, the parties have agreed and do hereby agree as follows: CHAPTER 1. ECONOMIC DEVELOPMENT COUNCIL 1.0. Authority to Create.-- There shall be created an Economic Development Council, hereinafter called "COUNCIL," for the purpose of operating and managing an Economic Development Program. The Economic Development Council shall be composed of (6) six members. One (1) of the six (6) members shall be the Mayor of the City of Fayetteville, one (1) of the six (6) members shall be the City Manager of the City of Fayetteville, one (1) of the six (6) members shall be the Public Works Director of the City of Fayetteville, one (1) of the six (6) members shall be the Chief Executive Officer/President of the Chamber, one (1) of the six (6) members shall be the Chairperson of the Fayetteville Industrial Development Committee, and one (1) of the six (6) members shall be the Chairperson of the Board of the Chamber. • • • 1.1. Terms of office.-- The council members shall serve for the duration of this agreement. If a council member elects not to serve, he or she may designate his or her replacement. 1.2. Authority of council members.-- The council members shall set policies and procedures for the management and operation of the Economic Development Program, hereinafter called "PROGRAM." The President of the Chamber or his designate shall be responsible for the day-to-day operations and the general supervision and management of the business affairs of the program under this agreement. CHAPTER 2. ECONOMIC DEVELOPMENT PROGRAM 2.0. Funding 1991.-- Subject to the terms and conditions set forth in this agreement, the City shall compensate the Chamber for services rendered for the period October 1, 1991 through December 31, 1991 m the amount up to but not to exceed twenty-five thousand dollars ($25,000) to be paid October 1, 1991. Any monies that are not used for documented authorized expenditures as of December 31, 1991 shall revert back to the City. 2.1. Funding.— Subject to the terms and conditions set forth m this agreement, the City shall compensate the Chamber for services rendered in the amount up to but not to exceed one hundred thousand dollars ($100,000.00) to be paid in three (3) installments. The first installment in the amount up to but not to exceed fifty thousand dollars ($50,000) shall be paid on the fifteenth day of January. The second installment in the amount up to but not to exceed twenty-five thousand dollars ($25,000) shall be paid on the fifteenth day of April The third and final installment in the amount up to and not to exceed twenty-five thousand dollars ($25,000) shall be paid on the fifteenth day of July. Any momes that are not used for documented authorized expenditures shall revert back to the City. Funding each year shall be contingent upon approval of the yearly budget by the Fayetteville City Board of Directors. 2.2. Staffing.-- The Chamber agrees to provide a qualified and competent staff assigned to recruit and assist new business and industry, to develop and implement programs designed to foster new business enterprise, and to encourage expansion of existing businesses. It is understood and agreed by all parties hereto that all persons working for the Chamber under this agreement shall be employees of the Chamber and shall m no way be considered as employees of the City, and that any liability which should anse under the Workers Compensation laws of dal • • • • the State of Arkansas due to injury of any employee of the Chamber, the same shall be the sole liability of the Chamber. 2.3. Services.-- The goal of the Economic Development Program shall be "To develop a balanced, diverse economic base with the expansion of existing businesses, and recruiting of new businesses to Fayetteville while maintaining and improving our quality of life." To achieve this goal the Chamber shall provide management and administrative services necessary to present a viable and competitive program including but not limited to the gathering and dissemination of information, research, promotional programs, publications, and services. The Chamber and its Economic Development Program staff shall represent the City's interest m negotiating with prospective business and industrial firms wishing to expand or locate m Fayetteville The Chamber understands that its operation under this agreement is to work for the general pubhc for the purpose of promotion of business, industry, trade, and development within the City and its environs. 2.4. Reporting.-- The Chamber agrees to render to the City a comprehensive annual report which shall mclude but not be limited to a balance sheet, statement of revenues and expenditures, and program performance. This report shall be due to the City Manager's Office no later than January 15 of each year The Chamber also agrees to render to the City quarterly activity and financial reports, including documentation of expenditures, related to the Economic Development Program. Such reports shall be due to the City Manager's Office no later than April 15, July 15, October 15, and January 15 of each year. It is further understood that the City has the right at any time to review and audit Chamber books and financial records concerning funds paid the Chamber under this agreement. 2.5. Equipment.— The City agrees to transfer equipment and materials presently used by the City of Fayetteville Economic Development Division to the Chamber for economic development purposes as set forth in this agreement. The equipment and materials transferred shall only be those identified in the "Economic Development Program Equipment" list attached hereto and marked "Exhibit A. • If the City or Chamber shall terminate this agreement as set forth in Chapter 3, or this agreement is not renewed for any reason, the equipment transferred shall revert back to the City. 2.6. Miscellaneous -- The Chamber agrees to provide office space in the Chamber office building including all furnishings, equipment, and utilities necessary m order to effectively • es carry out the functions of the Economic Development Program. CHAPTER 3. TERMINATION 3.0. Notification. --The City or Chamber may terminate this contract at any time. The terminating party shall give written notice of termination by certified mail. Termination shall become effective thirty (30) days after receipt of the written notice. Notice shall be addressed to the City Manager, m the event the Chamber elects to terminate, and addressed to the President of the Chamber, m the event the City elects to terminate. 3.1. Termination by City.-- In the event of termination by the City, the Chamber shall refund to the City all funds in excess of documented expenditures incurred by the Chamber pursuant to this agreement. Records shall be subject to immediate audit. 3.2. Termination by Chamber.-- In the event of termination by the Chamber, the Chamber shall deliver to the City all funds paid to it which have not been expended pursuant to this agreement. Records shall be subject to immediate audit. It is agreed between the parties that this agreement is not assignable. This agreement shall commence on the 1st day of October, 1991 and shall terminate on December 31, 1992, with the City having the option to renew yearly for four (4) additional one (1) year terms. Nonce of intent to renew shall be given by letter ninety (90) days prior to the end of contract term and shall be subject to the board of directors approval of the yearly city budget. WITNESS our hands on the rrA day of _ , 1991, at Fayetteville, Arkansas. City Clerk 40 Siine2 Attest • Economic Development Inventory at the Chamber of Commerce Asset # Serial Number 2137 23-1166430 23— RFR96 15276 2139 293A23547 2112 1380-1288 0007481 WP510669905 Description IBM 55SX Personal Computer IBM 8513 Color Monitor IBM Mouse Mode1:6450350 HP Paintjet XL Color Printer Riverside Desk Model 5882 Riverside 4 drawer file cabinet Riverside 2 drawer file cabinet Riverside 2 drawer file cabinet Riverside 2 drawer file cabinet Riverside 2 drawer file cabinet TI -500511 Handheld Calculator Lazyboy Chair Picture (Main Street Arkansas) Picture (Music Festival) Boxes (Plant the Town Red) Bulletin Board Wooden blocks (red) w/signs Garbage Can WordPerfect 5.1 Purchase Cost 3,369.41 1,714.48 739.88 250.00 250.00 250.00 250.00 THIS AGREEMENT made AGREEMENT and entered into on this 30Y% day of 1991, between the Advertising & Promotion Commission of Fayetteville, Arkansas, hereinafter called "A&P", and the Fayetteville Chamber of Commerce, a non-profit corporation, hereinafter called "Chamber"; WITNESSETH WHEREAS, the A&P, recognizing the need for continued development of Convention and Visitor activities, with increased employment opportunities and expanded tax base and improved quality of life for its citizens, wishes to provide for a coordinated effort to encourage, foster, and promote Convention and Visitor development for the City and its environs; and WHEREAS, the Chamber has actively promoted Convention and Visitor development within the city for the purpose of creating jobs, and as a result thereof has attained certain knowledge and expertise in this field of endeavor; and WHEREAS, it is the desire of the parties hereto that the entities involved in furthering the economic well being combine and coordinate their efforts for such purpose and provide an effective Convention & Visitors Development Program for Fayetteville, to be operated as hereinafter provided; NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in consideration of the mutual benefits which will accrue to each of the parties hereof, as well as the general citizenry of Fayetteville and its environs, the parties have agreed and do hereby agree as follows: • 1. CONVENTION AND VISITORS COUNCIL 1.0 Creation.-- There shall be created a Convention and Visitor Council, hereinafter called "COUNCIL". The Council shall be composed of six (6) members, who shall be: the Chairman of the A&P Commission of Fayetteville; the Mayor of the City of Fayetteville; a commissioner from the A&P of Fayetteville, as appointed by the A&P Commission; the Chief Executive Officer/President of the Chamber; Chairperson of the Convention and Visitors Committee; and the Chairman of the Board of the Chamber. 1.1 Terns of Office.-- The council members shall serve for a term to run with this agreement. If a council member elects not to serve or is unable to serve, the Chamber Board or A&P may designate their respective replacement. 1.2 Authority of Council.-- The council shall direct activity and establish procedures for management and operation of the Convention and Visitors Development Program, hereinafter called "PROGRAM". The President of the Chamber or his designate shall be responsible for the day-to-day operations and the general supervision and management of the business affairs of the program under this agreement. 2. CONVENTION & VISITORS DEVELOPMENT PROGRAM 2.0 Funding.-- Subject to the terms and conditions set forth in this agreement, the A&P shall compensate the Chamber for services rendered as follows: (a) For the period October 1, 1991 to December 31, 1991, 2 compensation shall be in an amount up to but not to exceed fifteen thousand dollars ($15,000.00). (b) For the period January, 1, 1992 to December 31, 1992, compensation shall be in an amount up to but not to exceed eighty-four thousand dollars ($84,000.00), subject to the A&P's approval of the yearly budget. Said compensation is to be paid in three (3) installments. The first installment, in an amount up to but not to exceed forty-two thousand dollars ($42,000.00), shall be paid on or about the fifteenth day of January. The second installment, in an amount up to but not to exceed twenty-one thousand dollars ($21,000.00), shall be paid on or about the fifteenth day of April. The third and final installment, in an amount up to and not to exceed twenty-one thousand ($21,000.00) shall be paid on or about the fifteenth day of July. Any monies that are not expended for documented authorized expenditures shall revert back to the A&P. 2.1 Staffing.-- The Chamber agrees to provide a qualified and competent staff assigned to recruit and assist conventions recruitment, to develop and implement programs designed to attract new visitors, to encourage expansion of existing festivals and to carry out and further the goals, duties and responsibilities as set out otherwise in the agreement. it is understood and agreed by all parties hereto that any and all persons working for the Chamber, in any capacity whatsoever, shall not be considered as employees of the A&P, and that any liability which should arise under the Workers Compensation laws of the State of Arkansas due to injury of 3 • any employee of the Chamber, the same shall be the sole liability of the Chamber. 2.2 Services.-- The goal of the Program shall be "To promote Fayetteville as a Convention and/or Visitor site for out of town travelers while maintaining and improving our quality of life." To further this goal the Chamber shall provide management and administrative services necessary to present a viable and competitive program. Additionally, in this regard, the Chamber shall focus on, but not be limited to the following activities: attract sports, trade and travel shows; convention and conference recruitment; advertisements in trade publications; develop and print brochures for convention and bus tour recruitment; festival development; the gathering and dissemination of information; and provide promotional programs. The Chamber and its Convention and Visitors Program staff shall represent the A&P's interest in recruiting conventions, and promotion of tourism for Fayetteville. The Chamber understands that its operation under this agreement is to work for the general public for the purpose of promotion of conventions and tourism within the City and its environs. 2.3 Reporting.-- The Chamber agrees to render the following reports to the A&P: (1) Quarterly activity and financial reports, including documentation of expenditures, related to the Program. Such reports shall be due to the chairman of the A&P no later than April 15, July 15, October 15, and January 15 of each year. (2) A comprehensive annual report which shall include, but not be limited to a balance sheet, statement of revenues and expenditures, and 4 • program performance. This report shall be due to the Chairman of the A&P no later than February 15 of each year. IT IF FURTER understood that the A&P has the right, at any time, to review and audit Chamber books and financial records concerning funds paid the Chamber under this agreement. 2.4 Miscellaneous.-- The Chamber agrees to provide office space in the Chamber office building including all furnishings, equipment, and utilities necessary in order to effectively carry out the functions of the Convention and Visitors Development Program. 3. TERMINATION 3.0 Notification.-- The A&P or Chamber may terminate this contract at any time and for any reason. The terminating party shall give written notice of termination by certified mail. Termination shall become effective thirty (30) days after receipt of the written notice. Notice shall be addressed to the Chairman of the A&P, in the event the Chamber elects to terminate, and addressed to the President of the Chamber, in the event the A&P elects to terminate. In the event of termination by either party, the Chamber shall refund to the A&P, funds in excess of documented expenditures incurred by the Chamber pursuant to this agreement. Records shall be subject to immediate audit. IT IS AGREED between the parties that this agreement is not assignable. This agreement shall commence on the 1st day of October, 1991 and shall terminate on December 31, 1992, with the 5 • • • A&P having the option to renew yearly for four (4) additional one (1) year terms. Notice of intent to renew shall be given by letter ninety (90) days prior to the end of the contract term and shall be subject to the A&P Commissions approval of the yearly budget. WITNESS our hands on the 30 day of at Fayetteville, Arkansas. ATTEST: Art44A, 1991, A&P COMMISSION OF F YETTEVILLE Chairman CHAMBER OF resident