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Item 4LCity of Southlake, Texas M E M O R A N D U M December 20, 2006 TO: Shana Yelverton, City Manager FROM: Greg Last, Director of Economic Development Approve a Scope of Service Agreement with the Southlake Chamber of SUBJECT: Commerce for 2006-2007 ______________________________________________________________________________ Action Requested: Authorize the Mayor to execute a Scope of Services Agreement with the Southlake Chamber of Commerce for 2006-2007. Background Information: Attached is an Agreement for Service with the Southlake Chamber of Commerce for fiscal year 2006-2007, basically identical to agreements of prior years. The agreement identifies the various services the Chamber provides to the benefit of Southlake in exchange for an annual fee of $15,000. The Chamber provides various services that are not listed in the agreement, including fielding numerous questions on a daily basis regarding city services, such as who does one contact to have water turned on, and conducting a business retention and expansion program that is continuing to evolve. Financial Considerations: The approved budget amount of $15,000 / year would be made in quarterly payments of $3,750. Citizen Input/ Board Review: None Legal Review: The attorneys have reviewed the agreement. The attached agreement reflects additions to street map provisions (§ 1.1 and 3.6), Terms of Agreement (§ 5.2), Independent Contractor (§ 6), and No Waiver of Governmental Immunity (§ 7). Alternatives: Denial or revised approval. Supporting Documents: Agreement is attached. Staff Recommendation: Recommend approval per the approved budget. AGREEMENT FOR SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its authorized City Manager (hereinafter referred to as "City"), and the Southlake Chamber of Commerce (hereinafter referred to as "Chamber") a nonprofit corporation operating in Southlake, Tarrant County, Texas as an organization described in section 501(c)6 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS , the purpose of the Chamber is to promote the economic, cultural, and civic welfare of the City of Southlake by encouraging the growth of existing businesses and industries, and assisting new firms and individuals in locating to the City while maintaining the highest professional and social standard; and WHEREAS , the City and the Chamber desire to enter into an Agreement whereby the Chamber will provide various services for the benefit of the City; NOW, THEREFORE, KNOW ALL BY THESE PRESENT : That the City and the Chamber do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The Chamber shall provide the following services: 1. Upon accuracy verification by the City, the Chamber shall produce 12,500 Southlake street maps listing the City of Southlake as a co-sponsor. 2. Produce 12,500 Membership and Community Directories annually that include pertinent City and school district information. Mail the Membership and Community Directory and City Map to every household, and others as requested (approximately 8,000 per year). 3. Distribute approximately 400 Southlake relocation packets annually to prospective residents. 4. Host Leadership Southlake in conjunction with the City. 5. Host events that bring visitors to Southlake Town Square from within the community as well as from the entire Dallas/Fort Worth Metroplex. nd 6. Co-sponsor annual Southlake Sidewalk Sale event to be held in the spring. The 2 annual event (in 2006) had approximately 65 retail participants. 7. Organize and host an annual awards banquet. Awards presented include Citizen of the Year, Youth of the Year, Small Business of the Year, Corporate Business of the Year, Economic Development Impact Award, Director of the Year and Chairman’s Awards. 8. Attend events, such as tradeshows, at the invitation of City’s economic development director in order to help promote the City of Southlake. 9. Provide to the City editorial space in the Chamber’s newsletter. 10. Track, answer, and refer City of Southlake calls and emails, and forward possible leads to the City of Southlake’s Economic Development department. 11. Provide to the City two ex-officio board seats to be held by the City Manager and Economic Development Director 12. Provide committees to work to identify ways to help with workforce development, business retention in the community, keep tax dollars local, and more. 13. Provide realtors tools to help them bring prospective residents to Southlake. SECTION 2 CHAMBER FUNCTIONS 1. Hours of Operation shall be solely defined by Chamber. 2. The City shall have the right to review the books and records kept incidental to the services provided by Chamber to the City. SECTION 3 CITY FUNCTIONS 1. Provide staff liaison that offers guidance and information to Chamber as needed. 2. Provide limited access to the City’s cable channel broadcast, in accordance with the City’s Cable Channel Policy, to promote events where the City of Southlake holds an affiliate role. 3. Provide limited access to the City’s meeting rooms, in accordance with the City’s Town Hall Use Policy, to committees where the City of Southlake holds an active role. 4. Provide monthly report on activities impacting the City and its economic health and development. 5. Have City representative attend monthly Chamber board meetings. 6. Provide digital City Street Map data for use in developing a Southlake Map. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to the Chamber the sum of Fifteen Thousand Dollars ($15,000) per year, or Three Thousand, Seven Hundred Fifty Dollars ($3,750), each quarter, in payment for services described in Section 1 hereinabove. SECTION 5 TERMS OF AGREEMENT 1. The term of this agreement shall be for a period of one (1) year beginning October 1, 2006 and ending September 30, 2007. 2. Either party may terminate this Agreement upon 30 days written notice to the other party. Upon termination, or if Chamber ceases to provide services under this Agreement, Chamber shall return any unexpended funds paid pursuant to the Agreement. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, Chamber is acting as an independent contractor and shall not be deemed an employee, agent or partner of the City. Neither party shall have the authority to make binding representations or agreements on behalf of the other. SECTION 7 NO WAIVER OF GOVERNMENTAL IMMUNITY Notwithstanding any provision of this Agreement to the contrary, nothing contained in this Agreement shall be construed to limit or waive any governmental or sovereign immunity of the City, or any immunity applicable to its officers, agents, servants or employees. IN WITNESS WHEREOF the City and Chamber have executed this Agreement as of this ____ day of ________________________, 2007. Approved as to legal form and adequacy: _________________________ ________________________________ Attorney at Law Mayor, City of Southlake _________________________________ President, Southlake Chamber of Commerce