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Item 4JM E M O R A N D U M March 30, 2010 TO: Shana Yelverton, City Manager FROM: Greg Last, Director of Economic Development Jill Cherry, Marketing & Tourism Coordinator Approve a Consulting Agreement with TIP Strategies, Inc. in the SUBJECT: amount of $75,000 for preparation of an Economic Development and Tourism Strategic Plan, an element of the Southlake 2030 Plan ________________________________________________________________ Action Requested: City Council approval of a Consulting Agreement with TIP Strategies, Inc. in the amount of $75,000 for preparation of an Economic Development & Tourism Strategic Plan. Background Information: During preparation of the FY 10 budget, City Council directed staff to budget for a consultant to prepare an Economic Development & Tourism Strategic (EDT Plan). Staff prepared and distributed a Request for Qualifications (RFQ) for the EDT Plan and received seven submittals. Staff then narrowed the submittals to a short list of three firms and a committee composed of Mayor John Terrell; Councilmember Laura Hill; Councilmember Brandon Bledsoe; Ken Baker, Director of Planning and Development Services; Greg Last, Director of Economic Development; and Jill Cherry, Marketing & Tourism Coordinator, interviewed those firms. After the interviews and reference checks we unanimously recommend TIP Strategies, Inc. to perform the work. TIP Strategies, Inc. is a privately held Austin-based economic development consulting firm committed to providing quality solutions for public and private-sector clients.Established in 1995, the firm’s primary focus is strategic economic development planning. TIP stands for Theory Into Practice. TIP will be working with Vicky Soderberg of Cygnet Strategies to guide the tourism aspects of the project. Attached is proposed Consulting Agreement with TIP Strategies, Inc. to prepare the EDT Plan. City Council March 30, 2010 Page 2 of 3 Major aspects of the Agreement include the following: Overall Goal: Consultant will create a successful, sustainable and implementable Economic Development and Tourism Strategic Plan through the development of goals, objectives and measurable implementation policies which are consistent with the City’s overall Comprehensive Plan and City Strategic Plan. The Scope of Work (Exhibit A - Page 4) includes components for economic development as well as tourism. An Anticipated Project Schedule (Exhibit B – Page 7) is also included in the agreement and summarizes the anticipated meetings, public input opportunities, and payments for services. Financial Considerations: $75,000 was budgeted in the FY 2010 Strategic Initiative Fund for the EDT Plan. The Agreement as proposed provides the desired services within the budgeted cost of $75,000. Additional services and/or trips to the City by the consultants are identified on Page 9 of the Agreement Strategic Link: This item supports the following strategies identified in the City’s Strategy Map. C-4: Attract and keep top-tier businesses to drive a dynamic and sustainable economic environment. B-3: Enhance resident quality of life and business sustainability through tourism. Citizen Input/ Board Review: This plan will be adopted as part of the City’s Comprehensive Plan (Southlake 2030 Plan). The development of the EDT Plan will be guided by the Economic Development & Tourism Committee composed of the following: Mayor John Terrell Councilmember Laura Hill Councilmember Brandon Bledsoe Planning & Zoning Commission Southlake Business Council Member – Mike Hutchison Southlake Business Council Member – Tim Moorehead City Council March 30, 2010 Page 3 of 3 Legal Review: This Consulting Agreement was reviewed and approved by the City Attorney. Alternatives: Alternatives may include: Approval as presented Approval with amendments Denial Supporting Documents: Supporting documents include: Consulting Agreement Staff Recommendation: City Council approval of a Consulting Agreement with TIP Strategies, Inc. in the amount of $75,000 for preparation of an Economic Development & Tourism Strategic Plan. CONSULTING AGREEMENT This Consulting Agreement (the “Agreement”) is entered into as of the last date TIP Strategies, Inc.City of shown below by and between (“Consultant”), and Southlake, Texas (“Client”). WHEREAS, the Client desires to retain Consultant for an Economic Development and Tourism Plan. WHEREAS, the Consultantagrees to provide certain consulting services to the Client to assist with such endeavors. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which are hereby acknowledged, the parties agree to the following: 1) Consultant agrees to provide the services set forth in the Scope of Work attached hereto as Exhibit A. The estimated time frame for completion of the work shall be as tentatively outlined in Exhibit B. The Consultant will subcontract with Cygnet Strategies, LLC (Cygnet) to conduct all services related to tourism development. 2) Client agrees to pay the sum of $75,000 for the services as noted above to include travel and out-of-pocket expenses. Payments shall be by phase as noted in Exhibit B. Out of the compensation to Consultant, Consultant shall pay the fees and expenses of Cygnet. The Consultant is available to provide additional services beyond those outlined in the scope for additional fees to be negotiated separately. 3) Either party may terminate this Agreement if: a. the non-terminating party shall be in default under any term, provision or condition of this Agreement and fails to cure such default within ten (10) days of receipt of written notice sufficiently describing the default; or b. either party shall file or have filed against it any proceeding under any bankruptcy, insolvency or other law affecting the enforceability of creditors’ rights. 4) Client acknowledges that Consultant participates in, advises, and/or manages entities which may compete and conflict with the Client’s economic development interests. Notwithstanding such competing interests and potential conflicts, the Client acknowledges and agrees that such competition and conflicts are inherent and unavoidable, that the benefits which the Client receives by obtaining the TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 1 of 9 03/23/2010 services from Consultant outweigh the potential for such conflicts and that Consultant may continue to participate, advise, and/or manage such competing interests. 5) Consultant is an independent contractor and will be solely responsible for any claims of its employees or subcontractors for their actions. In the event litigation becomes necessary with respect to a breach or alleged breach of any of the agreements contained herein, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys’ fees. 6) If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. 7) All notices and/or payments required by this Agreement must be in writing and sent by fax, hand delivery, overnight mail service or certified mail, return receipt requested, to the addresses set forth below or such other address as either party may designate in writing as the address for such notices. 8) Each party represents to the other party that it has (a) fully read and understood the terms of this Agreement, (b) had the opportunity to seek the assistance of its own legal advisor regarding this Agreement and its terms, (c) full legal authority to enter into this Agreement and has taken all necessary legal steps to obtain such authority, (d) equally participated in the negotiation and drafting of this Agreement, and (e) not relied upon any statement, representation or warranty not contained in this Agreement and/or the exhibits attached hereto. 9) This Agreement, including the attached exhibits listed herein, constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified, amended or rescinded except by a written agreement signed by both parties. No oral agreements, representations or warranties have been made and/or relied upon. 10) Applicable Law and Venue. This agreement shall be interpreted in accordance with the laws of the State of Texas and the venue of any legal action relating to this Agreement shall lie in state district court in Tarrant County, Texas. Remainder of this page blank TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 2 of 9 03/23/2010 11) This Agreement may be executed in multiple counterparts. “CONSULTANT”: TIP STRATEGIES, INC. Signed:____________________________________________ Name:_____________________________________________ Title:______________________________________________ Dated:________________, 2010 ADDRESS FOR NOTICE AND PAYMENT: th 106 E. 6 Street, Suite 550 Austin, TX 78701 “CLIENT”: CITY OF SOUTHLAKE Signed:_________________________________ Name:__________________________________ Title:___________________________________ Dated:________________, 2010 ADDRESS FOR NOTICE: 1400 Main Street, Suite 270 Southlake, Texas 76092 TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 3 of 9 03/23/2010 Exhibit A – Scope of Work Overall Goal Consultant will create a successful, sustainable and implementable Economic Development and Tourism Plan through the development of goals, objectives and measurable implementation policies which are consistent with the City’s overall Comprehensive Plan and City Strategic Plan. Economic Development The development of the Economic Development Plan for the City of Southlake, Texas by Consultant shall include the following elements: Determine the strengths, weaknesses, opportunities and threats for the City of Southlake’s economic development efforts. Identify the class, type and/or identity of target companies likely to relocate operations to the City. Identify the means to market to target companies and measure the success of these marketing programs. Develop a clear and understandable incentive policy that accomplishes the business attraction and retention goals of the city. Inducements will be based on items such as job creation, return on investment, quality of business, and overall impact to the community. Review and provide recommendations on the City’s current Business Retention & Expansion Strategic Plan. Tourism The development of the Marketing Action Plan for Southlake, Texas by Cygnet shall include the following elements: 1. Marketing Assessment Cygnet will complete an assessment of the effectiveness of current marketing efforts. Cygnet’s research team will help determine if Southlake stands out as unique in your area. Cygnet will assess whether the marketing materials are good enough to close the sale. If not, is it because there’s a visibility problem? Is there a lack of activities? What are the impediments? TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 4 of 9 03/23/2010 2. On-site Assessment A senior Cygnet staff member will visit Southlake to identify and research the destination assets and begin identifying product development opportunities. 3. Development of the Action Plan Cygnet will develop a marketing plan for Southlake by: Reviewing accumulated research Identifying primary and secondary markets including visitor characteristics Identifying market niches Creating product packaging concepts including ideas for events and various promotional packages including partnerships with other communities, hotels and attracts Testing the feasibility of various marketing approaches to include considering potential impacts upon occupancy rates and retail and restaurant revenues Conducting competitive research 4. Presentation of Final Plan and Workshop The Southlake Marketing Action Plan developed by Consultant will include the following elements, which will be in a “to-do list” format: Introduction and scope of work defined Destination and current marketing analysis SWOT (Strengths, Weaknesses, Opportunities and Threats analysis) Market niche identification Marketing initiatives feasibility including discussion of the feasibility testing of various ideas, including those not being recommended – Return on Investment (ROI) is one of the feasibility tests Marketing programs and implementations strategies, including, but not limited to: Internet and website o Public Relations o Advertising and collateral media o Partnership opportunities o Prioritization summary for HOT funds and programs (includes budgetary information and ideas about measuring ROI) TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 5 of 9 03/23/2010 STAFF RESPONSIBILITIES The City will be responsible for providing the following to the Consultant: Trade data & market analysis information Economic Development Department’s SWOT Analysis regarding economic conditions GIS information and data as needed Set up meeting times and locations for the committee Provide printed materials and copies for meetings as needed Tourism marketing materials Tourism marketing plans, budgets, HOT historical data Current draft Wayfinding sign recommendations TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 6 of 9 03/23/2010 Exhibit B – Anticipated Project Schedule 1. Background / Research A. Fees: 20% due upon execution of agreement B. Existing Document Review C. TRIP 1: Initial visit and kick-off meeting [April 26, 27, 29, or 30] 1. Kick-Off meeting: Mayor, Councilmembers, staff 2. Preliminary Interviews a. City Council Committee Members b. Stakeholders 1). Economic Development: TBD 2). Tourism: TBD 3. Conduct first EDT / LU Committee workshop D. Research and Writing 1. Compile and review relevant data from client and others 2. Review of ED efforts 3. Review of Tourism marketing efforts 4. Development of preliminary market identification and begin feasibility testing 2. Discovery A. TRIP 2: [Week of May 24] 1. Initial Interviews a. Councilmembers on Committee b. E.D.: TBD c. Tourism: TBD 2. Focus Groups [Likely just combine groups?] a. E.D.: TBD b. Tourism: TBD 3. Review findings to date with Client Team B. Research and Writing 1. Refine and research targets based on prior findings and stakeholder input 2. Refine marketing niches and compile ROI projections C. Fees: 20% due upon completion of this phase TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 7 of 9 03/23/2010 3. Preliminary Recommendations A. TRIP 3: [Tentatively June 22 or 23] 1. Additional interviews (if needed) 2. Second EDT / LU Committee Meeting / Workshop a. Overview of research / background activities b. Present Preliminary Recommendations 1). ED – TIP 2). Tourism – Cygnet B. Draft Plan Preparation 1. Draft plan submitted for review and comment by EDT Committee 2. Refine strategies based on findings and input from Client Team C. Public Outreach Presentation? D. Fees: 20% due upon completion of this phase 4. Public Outreach A. SPIN (Southlake Program for the Involvement of Neighborhoods) [August 10] 1. Public presentation of recommended Plan [Staff] 2. Solicitation of input B. Southlake Business Council [August 18] 1. Presentation of Plan [Staff] 2. Solicitation of input C. Incorporate any recommendations deemed appropriate by CC Committee members D. Fees: 10% due upon completion of this phase 5. Final Recommendations & Approvals A. Prepare final plan and update presentation B. Planning & Zoning Commission (Public Meeting) [Sept 9] 1. Presentation of Plan [Consultants] 2. Public Hearing 3. Recommendation to City Council C. City Council [Sept 21] 1. Presentation of Plan [Consultants] 2. Plan revisions [If needed] 3. Adoption 4. Fees: 20% due upon completion of this phase TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 8 of 9 03/23/2010 6. Final Deliverables A. Ten (10) copies of the bound report (vertically oriented, 8.5” x 11”) B. Editable “Word” version of report C. PDF version of report D. PowerPoint presentation of Final Report E. Fees: Final 10% due upon completion of this phase 7. Additional Services A. Additional Consultant trips to City: There would be an additional fee of $2,500 for each additional trip to the City for trips of 1 to 1 ½ days where two or three meetings could be conducted. In addition, Client also agrees to reimburse Consultant for direct travel and out- of-pocket expenses (no handling fees) related to these additional trips, not to exceed $7,500. Consultant will submit copies of paid invoices for all fees and expenses. TIP Strategies, Inc. – City of Southlake Consulting Agreement Page 9 of 9 03/23/2010