HomeMy WebLinkAboutResolution - 2225 - Contract - BCD, COC - Administrative Services - 01_23_1986Resolution #2225
January 23, 1986
Agenda Item #6
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RESOLUTION
WHEREAS, the Board of City Development has executed a contract for
services to be provided by the Lubbock Chamber of Commerce; and
WHEREAS, such contract has been forwarded to the City Council of the
City of Lubbock for approval; and
WHEREAS, the City Council of the City of Lubbock is of the opinion
that such contract will be in the best interest of the citizens of the City
of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and is hereby authorized and directed to indicate
the City Council's approval of such contract by signing said contract on
behalf of the City of Lubbock.
Passed by the City Council this
ATTEST:
ttlg Boyd, City Secretary
APPROVED AS TO FORM:
Ross, Jr., City Attorney
23rd January
day of , 1986.
AL -HENRY,AYO
Resolution #2225
January 23, 1986
Agenda Item #6
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WHEREAS, the Board of City Development for the City of Lubbock has
determined that it would be expedient to enter into a contract with the
Lubbock Chamber of Commerce for the performance of certain developmental
and other services; NOW THEREFORE:
BE IT RESOLVED BY THE BOARD OF CITY DEVELOPMENT:
THAT the Chairman of the Board of City Development BE and is hereby
authorized and directed to sign a contract between the Board of City
Development and the Lubbock Chamber of Commerce, a copy of which contract
is attached hereto and made a part hereof for all purposes; and
THAT the Chairman of the Board of City Development is further autho-
rized and directed to provide such contract and this Resolution to the City
Council of the City of Lubbock for approval.
Passed by the Board of City Development this 23rd day of
1986.
ATTEST:
Secretary
January
John G. Wilkerson,Jr., Chairman
f Lk,:,1 11 f 15
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STATE OF TEXAS §
COUNTY OF LUBBOCK §
BOARD OF CITY DEVELOPMENT
ADMINISTRATIVE SUPPORT SERVICES CONTRACT
This agreement, entered into by and between the Lubbock
Board of City Development, herein called "BCD" and the Lubbock
Chamber of Commerce, a corporation, herein called "Chamber" and
approved by the City of Lubbock, Texas, herein called "City".
WITNESSETH
WHEREAS, the City, by Ordinance No. 8057, dated May 23,
1980, did provide for the qualifications for membership of the
BCD and further set forth the duties of the BCD, and
WHEREAS, pursuant to the authority of Ordinance No. 8057,
the BCD with the approval of City, did enter into an agreement
with Chamber to perform services for the BCD which Contract was
executed on the 23rd day of May, 1980, and
WHEREAS, the BCD, with approval of City, executed and
amended the Contract for Services with the Chamber on July 10,
1980, and
WHEREAS, the City subsequently contracted with City Venture
Corporation to undertake a review of the economic development
policies and strategy existing within the City of Lubbock, and
WHEREAS, the Chamber did contract with "The Fantus Company"
to undertake, on behalf of Chamber, a review of the economic
development policies and strategy existing within the City of
Lubbock, and
WHEREAS, the Economic Development Subcommittee of the 2005
Committee of the City of Lubbock reviewed economic development
within the City of Lubbock and prepared goals and objectives for
such development within the City, and
WHEREAS, all parties to this contract are in general
agreement with the findings and conclusions of the reports above
referred to and are in further agreement as to a need to con-
centrate their joint efforts in the area of economic development
as hereinabove set forth, and
WHEREAS the City Council of the City determined it to be in
the best interest of the citizens of the City of Lubbock to amend
Article XVI, Chapter 2 of the Code of Ordinances of the City of
Lubbock, wherein Ordinance 8057 has been codified to better
specify the duties of the BCD and the qualifications of its
members and to further focus the activities of the BCD in the
area of direct economic development as hereinafter defined, all
in accordance with Resolution 2081 hereinabove set forth, and
WHEREAS Article XVI, Chapter 2 of the Code of Ordinances of
the City of Lubbock was amended by the passage of Ordinance No.
8859, and
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WHEREAS the BCD and Chamber recognize that the existing
amended City Development Contract executed by the BCD and the
Chamber on July 10, 1980, is no longer the best agreement in
light of the passage of Ordinance No. 8859 above referred to, and
WHEREAS the BCD remains desirous of contracting with the
Chamber to provide specific performance of some of the activities
required in its fulfillment of the BCD duties under said amended
ordinance in part, and
WHEREAS the BCD and City recognize that the Chamber is most
qualified and experienced and equipped to perform some of the
activities necessary to the attainment of the goals required
under the BCD duties, and
WHEREAS the BCD and Chamber are desirous of entering into a
new agreement wherein the Chamber will perform certain acts and
activities essential to satisfaction of the duties imposed on the
BCD as a general contractor.
NOW THEREFORE, the parties hereto agree as follows:
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ARTICLE I
PRIOR AGREEMENTS TERMINATED
The BCD and Chamber do hereby agree that the City Develop-
ment Contract executed by the BCD and Chamber on the 23rd day of
May, 1980 and the Amended City Development Contract executed by
the BCD and Chamber on the 10th day of July, 1980, are hereby
terminated and shall be of no further force or effect between the
BCD and Chamber, and that this written agreement shall constitute
the sole and only agreement between the BCD and Chamber concern-
ing economic development and all prior written or oral agreements
or understandings between the BCD and Chamber are void and of no
further force and effect.
PROVIDED, however, the Chamber shall remain obligated to
account for all expenditures made during the term of the ter-
minated contract as appropriate or necessary to allow compliance
by the BCD with its duty to make all reports and accountings
required of the BCD under the provisions of said Ordinance No.
8057 as amended by Ordinance No. 8859, and Chapter 3, Art. 1,
Sec. 4, Charter of the City of Lubbock, Texas. The Chamber shall
further remain obligated, and here agrees to fully cooperate with
and assist in, a final transition audit as to the disposition
of all BCD funds received by the Chamber. The costs of such
transition audit shall be paid jointly by the City and Chamber.
The City shall select for such purpose any recognized accounting
or auditing firm of its preference. Either party, however, to
satisfy special concerns they may have, may request such examina-
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tion by the auditor selected as will answer fully those special
concerns. To the extent that such additional inquiries may exceed
the scope of a transitional audit the costs related to the
additional inquiries will be the sole responsibility of the
requesting party.
Also PROVIDED, that the relationship here terminated is only
the relationship as to BCD activities arising under the contract
dated May 23, 1980 as amended on July 10, 1980, between the BCD
and Chamber, and this termination shall never in any manner
whatsoever be construed as terminating or affecting other
existing obligations, contracts or arrangements between the City
and the Chamber under which public funds are provided the Chamber
or other public activities performed by the Chamber on behalf of
the City.
--- End of Article I ---
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ARTICLE II
CHAMBER SERVICES
The BCD does hereby employ the Chamber, and the Chamber
hereby accepts such employment, to perform and discharge desig-
nated tasks which will aid or assist the BCD in the performance
of its duties under Ordinance No. 8057 as amended by Ordinance
No. 8859. This contract shall never in any manner whatsoever be
construed as seeking or attempting to divest the BCD of its
discretion and policy making functions in discharging the BCD
duties set forth in said Ordinance No. 8859. It is understood
between the BCD and Chamber that the services to be rendered
hereunder by Chamber are only administrative in nature.
The parties to this contract recognize that the Chamber, in
the performance and discharge of the tasks designated by this
contract, is an independent contractor, but shall be fully
accountable to perform to a professional standard of competence
and dedication to secure all results specified by the BCD,
however, the Chamber is not to be a guarantor of the results of
such activities, only of their performance.
--- End of Article II ---
ARTICLE III
DESIGNATION OF SCOPE OF SERVICES
Services to be performed by the Chamber shall be speci-
fically designated by the budget prepared for BCD activities
during fiscal years 1986-1987 and 1987-1988. Immediately
following the adoption of the BCD budget for each of such fiscal
years, the BCD shall in writing designate the budget line items,
or parts thereof, to be performed by Chamber. This designation
shall specify the amount to be expended in the performance of
each task designated and any special instructions as to that
performance as felt appropriate by the BCD.
These specifically designated tasks shall always be consis-
tent with the duties imposed upon the BCD by Ordinance No. 8057
as amended by Ordinance No. 8859, Resolution No. 2081, and the
other designations of emphasis and direction of the City Council
as defined in the preamble to this contract, which preamble is
hereby made a part of this contract for all purposes.
--- End of Article III ---
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ARTICLE IV
DESIGNATION OF SERVICES DURING TRANSITIONAL PERIOD
The Chamber and BCD recognize that this contract will be in
force and effect for some period of time prior to the adoption of
the next operational budget of the BCD for the fiscal year
1986-1987 (which will commence on October 1, 1986). The parties
recognize that funds are now held by the Chamber which will be
included in part as the compensation hereinafter provided in this
contract, and that further funds will be received by the Chamber
under this contract prior to the commencement of the 1986-1987
fiscal year.
The parties agree that as to the transitional fiscal year
1985-1986, that all funds received by the Chamber since October
1, 1985, and not already actually disbursed, including reasonable
overhead costs to the Chamber, will be maintained by the Chamber
and not committed or disbursed except upon approval by the BCD,
as follows:
1) On the third business day following approval of this
contract by the City Council, there shall be surrender-
ed to the BCD all excess unexpended funds received by
the Chamber prior to and during fiscal year 1985-1986.
2) Funds received during the period October 1, 1985
through November 21, 1985, shall only be expended in
accordance with the Chamber budget approved by the BCD
and City Council in force and effect at such time.
am
3) Funds received since November 21, 1985, and funds
subsequently to be received under this contract, shall
only be expended in accordance with the BCD and Chamber
budget as attached to this contract as EXHIBIT "A", and
made a part hereof for all purposes, which budget will
be modified to reflect totals consistent with actual
BCD funds received from the City under the Charter
provision.
4) There is attached to this contract further as EXHIBIT
"B", and made a part hereof for all purposes, a list of
all current and unpaid indebtedness of the Chamber
relating to BCD activities, as existed on the date of
fund transfer to the BCD as provided in paragraph 1 of
this Article. The indebtedness reflected by EXHIBIT
"B" shall be paid by the BCD as they become due.
5) As to the expenditures above approved and tasks above
designated, such proof, accountings or reports as to
the actual payment and discharge of such approved
obligations shall be provided monthly by the Chamber
to the BCD or as required by the City as necessary or
appropriate to enable the BCD to discharge all its
accounting and reporting duties under Ordinance No.
8859 and the Charter of the City of Lubbock, Texas.
6) That in its approval of activities to be performed by
the Chamber during the period ending September 30,
1986, of the amounts approved, the sums of $27,462.50
in agriculture expense, $26,150.00 in transportation
activities, $18,000.00 in community billboards expense
and $100,000.00 in convention and visitors bureau
expense, all as set out in the 1985-86 Lubbock Chamber
budget attached hereto as EXHIBIT "A", which shall be
considered as tasks which constitute activities or
services consistent with and in furtherance of the
obligations of the BCD toward direct economic develop-
ment. The balance of the activities approved by the
Chamber budget attached, including reasonable overhead
and related expenses, shall constitute activities
consistent with and in furtherance of the optional
duties granted the BCD by Section 2-413 of Ordinance
No. 8859.
--- END OF SECTION IV ---
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ARTICLE VI
SUBSEQUENT DESIGNATION OF SERVICES
The Chamber and BCD acknowledge that the BCD is bound by and
must comply in all respects with the annual budget process of the
City, all in accord with Articles 689a-13, 689a-14, 689a-15 and
689a-16, V.A.C.S.
To the satisfaction of these statutory requirements, and in
addition to the transitional duties imposed in paragraph IV,
above, the Chamber and BCD agree that prior to appropriate
statutory times and when requested by the BCD, in relation to
each fiscal year during the life of this contract, to do and
perform as follows:
1) The parties will, prior to the time designated by
budget statutes annually, each designate a budget
committee to be composed of five representatives from
the Chamber (to include its President) and five
representatives from the BCD (to include its Chairman
or his designee). It will be the function of the
committee to prepare for submission to their respective
boards line items for inclusion in their respective
budgets as to the tasks to be designated by the BCD for
performance by the Chamber under this contract in the
following fiscal year and to be included by the
Chamber, upon BCD approval, in such subsequent budgets.
The committee shall prepare facts and figures in
support of all such recommended line items and a draft
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line item budget for the use by the BCD and Chamber in
the preparation of their own budgets. These budgets
shall be modified from time to time to reflect totals
consistent with actual BCD funds received from the City
under the Charter provisions.
2) All other assistance required by the BCD in its
presentation of its annual budget to the City of
Lubbock in accordance with Articles 689a-13, 689a-14,
689a-15 and 689a-16, V.A.C.S.
3) All such additional information and reports necessary
and essential to the BCD in its reports and accounting
to the City Council to reflect the discharge by the BCD
of its duties and obligations as set forth in Art. XVI,
Chapter 2, of the Code of Ordinances of the City of
Lubbock.
4) The Chamber agrees that it will keep careful books and
records of all funds expended by it in performance of
its designated tasks. Each expenditure shall be
subject to verification by submission of the bill,
invoice, statement or contract paid and a copy of the
instrument by which payment was accomplished.
5) Chamber further agrees that the books and records
maintained by it as to BCD activities shall always be
available to the BCD for review and audit and that the
BCD may have access to such records for the purposes of
audit by a certified public accountant retained by the
BCD or by the Internal Auditor of the City of Lubbock
at the direction of the BCD.
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6) Chamber further agrees that it shall make quarterly
reports to the BCD of all expenditures made by it as
authorized by the operational budget approved by the
BCD or during the transitional period.
The BCD obligates itself as follows:
1) That in its approval of activities and services to be
performed by the Chamber during both the 1986-1987 and
1987-1988 fiscal years, the amounts approved shall
(including overhead and other related expenses) total
the amounts hereinafter designated in this contract as
the total compensation to be received by the Chamber
for its services during each such fiscal year.
2) That in its approval of activities to be performed by
the Chamber during both the 1986-1987 and 1987-1988
fiscal years, of the amounts approved each year
$100,000.00 as budgeted by the Chamber for the conven-
tion and visitor bureau shall constitute direct
economic development.
3) The BCD, however, during the course of any fiscal year
in which an operational budget has been approved, shall
nevertheless retain the right to suggest amendments to
said budget in the event circumstances warrant such
action.
4) As between the BCD and the City Council, if this
contract shall be approved by the City Council, in
distinguishing between expenditures, activities and
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services which are to be defined and credited as direct
economic development, all reasonable overhead expenses,
and including but not limited to salaries, and other
reasonable internal expenses incurred directly or
indirectly relating to the activity performed, shall be
included and credited as part of that activity.
Expenses that cannot be reasonably so allocated
directly, shall be allocated in proportion to that
which exists as a whole between direct economic
development and other optional duty activities.
--- End of Article VI ---
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ARTICLE V
OTHER TRANSITIONAL DUTIES
1) As to any funds received and expenditures legally
incurred prior to October 1, 1985, the Chamber shall remain
obligated to cooperate with and provide such information as
appropriate to the satisfaction of existing and past duties of
the BCD of accounting for and reporting to the City Council. The
Chamber shall further remain obligated to assist in any audit as
may be required by the City Council as provided in paragraph I,
above.
2) Within ten (10) days following approval of this
contract by the City, the Chamber shall transfer and deliver to
BCD the custody, control and possession of any current employee
personnel records as appropriate, and resume files on applicants
for the position of BCD Director of Economic Development, or
assistant positions, and records as to current economic develop-
ment contacts and activities now in active progress and re-
quiring immediate action by the BCD, except where such contacts
have expressly stated that information as to the contract shall
not be disclosed to any other party. All other records and files
pertaining to past or less pressing activities, past expendi-
tures, etc. shall be safely held and maintained in the continued
custody and control of the Chamber and those which can be
separated from the Chamber records, shall upon BCD request, be
delivered to the possession of the BCD.
--- End of Article V ---
BEE
ARTICLE VII
COMPENSATION TO CHAMBER
Recognizing that the changing nature of the services to be
performed by the Chamber under this contract must allow for
sufficient flexibility to respond to the changing nature of the
best interests of the citizens of the City of Lubbock, the
parties agree that to allow for and best serve such changing
needs, that a fixed amount annual compensation is unworkable, and
that only a percentage allocation of "available funds" can
accomplish the satisfaction of the duties imposed on the BCD by
the City Council and the citizens under their Charter and the
tasks designated for the Chamber by this contract.
"Available funds", as defined in this contract shall mean
the balance of all funds received by the BCD under Chapter 3,
Art. I, Secs. 1 and 3, the Charter of the City of Lubbock, Texas,
after there is subtracted therefrom the forty (40%) percentage
thereof to be allocated to debt service retirement or other such
payments as required by Section 2-418(a) of Ordinance No. 8859.
"Available funds" are accordingly sixty (6090') percent of the
total funds received by the BCD under Chapter 3, Art. I, Secs. 1
and 3, Charter of the City of Lubbock, Texas.
The BCD agrees to pay and Chamber agrees to accept, as full
and final compensation under this contract, the following
percentage allocations of "available funds" for each of the years
this contract is in force and effect, as follows:
are
(1) For the 1st 12 months of this contract, being the
period starting October 1, 1985 and ending September
30, 1986:
(a) For the period from October 1, 1985, through
November 21, 1985, as provided under the then
existing contract between the Chamber and BCD as
amended July 10, 1980;
(b) For the period starting November 22, 1985, and
ending September 30, 1986, an amount equal to
sixty (6095) percent of "available funds".
(2) For the 2nd 12 months of this contract, being the
period starting October 1, 1986 and ending September
30, 1987, an amount equal to fifty (500) percent of
"available funds".
(3) For the 3rd 12 months of this contract, being the
period starting October 1, 1987 and ending September
30, 1988, an amount equal to forty (4090') percent of
"available funds".
The Chamber shall use its best efforts to expend the funds
allocated for the specific tasks designated and approved by the
BCD during each fiscal year. However, if it should appear to the
Chamber that prudence and good business judgment direct that a
part of said monies should not be expended because of some change
of conditions unknown or anticipated to either party previously,
this fact should be immediately reported to the BCD for a final
determination. Should the BCD agree and approve, then the BCD
SWAS
may approve additional designated tasks consistent with their
duties under Ordinance No. 8859, to be performed by the Chamber
during that fiscal year. Reports suggesting such changed
conditions should be reported by the Chamber in sufficient time
before the end of the fiscal year involved as to allow time for
the BCD to approve such additional designated tasks and for the
Chamber to perform same, before the end of the fiscal year
involved.
Funds unexpended at the end of any fiscal year and not
reallocated to other designated tasks by the BCD for Chamber
performance, shall be returned to the BCD for disposition as
provided under Ordinance No. 8859, Section 2-420.
Compensation due shall be payable to the Chamber in monthly
installments.
--- End of Article VII ---
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ARTICLE VIII
BOND
Such officer or officers of the Chamber as are designated by
the Chamber to receive and disburse the compensation to the
Chamber provided for in this Contract shall each give an official
bond in the sum of Twenty -Five Thousand Dollars ($25,000). The
bonds referred to in this paragraph shall be conditioned for the
faithful accounting of all monies and things of value coming into
the hands of such officers, above named, as a result of this
contract, which bonds shall remain in force during the entire
period of this contract. The bonds shall be procured from some
regularly accredited surety company authorized to do business in
the State of Texas. The premiums therefore shall be paid by the
Chamber from the consideration it receives under this contract.
A copy of each official bond required by this paragraph shall be
filed with the Secretary of the BCD.
--- End of Article VIII ---
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ARTICLE IX
TERM
The term of this contract shall end at the close of the
regular business day at 5:00 o'clock p.m., on the 30th day of
September, 1988.
--- End of Article IX ---
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ARTICLE X
REMEDIES
1) If either party breaches or defaults in the performance
hereunder, then the other may, at its option, terminate this
agreement after first giving written notice of the breach or
default. The party receiving such notice shall have thirty (30)
days thereafter within which time to cure such breach or default,
or in the alternative, to notify the other party of the reason or
reasons it believes there has been no breach or default. In the
event of such denial of breach or default and the parties are
unable to resolve the matter within said thirty (30) day period,
then and in that event, within sixty (60) days after such notice,
the party accused of such breach or default shall have the right
to file suit in a court of competent jurisdiction requesting a
determination of whether or not such breach or default exists.
The litigation shall also address the issue of damages for such
breach or default, if any. In the event of an affirmative
finding of such breach or default, then and in that event this
contract shall immediately terminate if not corrected within
thirty (30) days after final judgment. In the event of a finding
by said court of no default or breach of this contract, then and
in that event the contract shall continue under its said terms
and conditions. Failure by the party receiving said notice to
either correct the breach or default or to file said suit in a
court of competent jurisdiction as herein required shall cause a
dAIe
termination of this contract without prejudice to any other
remedy to which the non defaulting party may be entitled either
at law, in equity, or under this agreement.
In the event any such suit as herein contemplated is filed,
the parties agree to continue to perform under the terms of this
contract until final resolution of such suit is made, unless
ordered by the court to the contrary.
2) All parties recognize, however, that all compensation
to be paid hereunder is authorized only from funds under Chapter
3, Art. 1, Charter of the City of Lubbock, Texas, which Charter
by law remains subject to amendment only by the citizens of
Lubbock. Any charter amendment by the citizens as would deny the
City or BCD the power to continue performance of this contract as
written, will terminate this contract without any recourse of any
party hereto against the others under the remedies above pro-
vided.
--- End of Artice X ---
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ARTICLE XI
NOTICES
Any notice to be given under this agreement shall be deemed
given and received on the first to occur of the following: (a)
actual receipt by the party to be notified; or (b) five days
after deposit of such notice in the U.S. Mail System if sent by
Certified Mail, Return Receipt Requested, postage prepaid, and
addressed to the party to be notified at the address for such
party as either party may designate from time to time in writing
by giving not less than ten days advance notice to the other
party.
--- End of Article XI ---
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ARTICLE XII
MISCELLANEOUS
1) This agreement shall be construed under and in accor-
dance with the laws of the State of Texas, and all obligations of
the parties created hereunder are performable in Lubbock County,
Texas.
2) In the event that any one or more of the provisions
contained in this agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalid-
ity, illegality, or unenforceability shall not affect any other
provision hereof and this agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been
included in this agreement.
3) This agreement shall not be assigned by Chamber to any
other person or legal entity without first securing the consent
of the BCD and approval of the City Council of the City of
Lubbock to such assignment.
4) The parties to this agreement further recognize that
the BCD is a board of the City of Lubbock and that in accordance
with Chapter 3, Article I of the Charter of the City of Lubbock,
the City Council is authorized to set the qualifications of the
members of the BCD as well as its duties. The parties hereto
further recognize that the City Council of the City of Lubbock
has established the qualifications of membership of the BCD and
the duties of the BCD all as set forth in Article XVI, Chapter 2
of the Code of Ordinances of the City of Lubbock. The parties
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hereto further agree that in the event that Article XVI, Chapter
2 is amended by the City Council and such amendment or any part
thereof is inconsistent with the provisions of this agreement
that the parties hereto shall reform this agreement to comply
with the provisions of Article XVI, Chapter 2 of the Code of
Ordinances of the City of Lubbock as amended.
--- End of Article XII ---
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ARTICLE XIII
COOPERATIVE CONTINUING RELATIONSHIP
The BCD and Chamber both recognize that this contract
constitutes a change from the relationship between the parties
that formerly existed. That the modification of this relation-
ship has generated a full and unfettered discussion and debate
between the parties up to this date. All parties now acknow-
ledge, however, that the individual interests of either have
always been and are now subservient to the best interests of all
the citizens of the City of Lubbock, for it was solely to the
betterment of the welfare of the citizens of this community that
the BCD was created. All parties further acknowledge and agree
without reservation that this contract is now the best existing
method by which the best interests of the citizens of this
community may be served.
The parties further agree and acknowledge that it is of the
essence of this contract that it is only by the joint efforts of
the parties requiring their absolute, continuing and whole-
hearted cooperation over the term of this contract, that either
can fulfill its obligation to the citizens of this community.
To that end specifically the parties agree that existing
contacts, ideas, activities, individuals or businesses now known
to either, and any future such contacts coming to the knowledge
of either, which may now fall within the primary scope of
services of the other contracting party, will be nurtured in a
fully professional manner with diligence, and not merely refer-
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red, but personally transferred and personally escorted or
delivered to the appropriate officer or staff member of the
other, except where the contact insists that the confidentiality
of his contact shall be maintained.. A diligent effort will be
made by the party contacted to convince the contacting party to
approve the referral and transfer. Each party further shall
maintain a log reflecting the name, address, phone number and
company affiliation of each prospect received and/or personally
escorted or delivered to the other as above required, and include
the name of the member of the other staff to which they were so
delivered. The logs of each shall he available for examination by
the other. Nothing in this article shall ever be construed as
modifying the status of the Chamber as an independent contractor.
--- End of Article XIII ---
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ARTICLE XIV
NATURE OF CONTRACT AND CITY APPROVAL
The above referenced Ordinance No. 8859 as codified in Art.
XVI, Chapter 2, of the Code of Ordinances of the City of Lubbock,
Texas, provides that the BCD may, with the approval of the City
Council, contract with any qualified and appropriate person,
association, corporation or governmental entity to perform and
discharge designated tasks which will aid or assist the BCD in
the performance of its duties, however, no such contract shall
ever be approved or entered into which seeks or attempts to
divest the BCD of its discretion and policy making functions in
discharging the duties set forth in said Ordinance No. 8859. Both
the BCD and the City specifically find that the Chamber is the
best qualified and the most appropriate entity with which this
contract should be entered into for the purposes and the scope of
services hereinabove set out. By its approval of this contract
the City Council further acknowledges that the payment of the
transitional year budgeted expenses reflected by EXHIBIT "A", the
existing indebtedness reflected by EXHIBIT "B", and the defini-
tions herein contained as to activities constituting direct
economic development activities are hereby approved as appro-
priate and proper to the duties of the BCD under Ordinance No.
8859. The City, by authority of formal action of the City
Council, specifically approves this contract and the execution
I►A:IS
hereof by the BCD and causes the duly authorized officers of the
City to execute this contract in order to evidence such approval.
EXECUTED this 23rd day of January
1986.
BOARD OF CITY DEVELOPMENT
LUBBOCK CHAMBER OF COMMERCE
B Y :
r e s 'den
THE CITY,-QF LUBBOC4 , TEXAS
ATTEST:
City�S retary�
APPROVED AS TO FORM:
9
nC.Ross, , Or . , C tyAttorney
--- End of Article XIV ---
-29-
LUBBOCK BOARD OF CITY DEVELOPMENT
1985 - 86 BUDGET
ECONOMIC DEVELOPMENT
Administrative Expense
101 Manager
102 Small Business Mgr.
103 Business Retention Mgr.
104 Research Mgr.
105 Secretary (2)
106 Marketing Mgr.
107 Fringe
Total
Operating Expense
120 Industrial & Business
Recruitment
121 Travel
122 Advertising &
Marketing
123 Research
124 Business Retention
125 Small Business
126 Media Relations,
Local Communications
& Publicity
127 International Trade
128 Retail Trade
129 Contingent
Total
BUDGET
$ 90,000
30,000
30,000
20,000
26,000
30,000
36,296
$262,296
$ 65,000
30,000
60,000
7,500
15,000
15,000
16,200
5,000
1,500
2,500
$217,700
TOTAL ECONOMIC DEVELOPMENT $479,996
EXHIBIT A
LUBBOCK CHAMBER OF.COMMERCE
1985-86
BUDGET
AGRICULTURE ACTIVITIES
Administration Expense BUDGET
201 Manager $ 29,925
202 Secretary 4,500
203 Fringe 10,500
Total $ 44,925
Program
210 Agriculture Committee $ 3,000
211 Travel 1,000
212 Water Dev. 3,500
213 Agriculture Product
Marketing 2,000
214 Contingent 500
Total $ 10,000
TRANSPORTATION ACTIVITIES
Administration Expense
301 Manager $ 28,900
302 Secretary 4,500
303 Fringe 11,100
Total $ 44,500
Program
310 Aviation & Shippers $ 2,000
311 Highways 1,500
312 Membership Dues 1,000
313 Publications 1,000
314 Travel 2,000
315 Contingent 300
Total $ 7,800
PUBLIC AFFAIRS ACTIVITIES
Administration Exoense
401 Manager
402 Secretary
403 Fringe
Total
Programs
410 Governmental Affairs
411 Health & Medical
412 Education & College
Development
413 Energy
414 Armed Services
415 COMA
416 Contingent
Total
CONVENTION & VISITORS BUREAU
Total
COMMUNITY IMAGE
510 Community Billboards
511 Publicity, Advertising
& Literature
512 Photo Supplies
513 PR & Goodwill
514 Contingent
Total
SPECIAL PROJECTS
610 Athletic Events
(Play -Offs)
611 Football Weekends
Total
COMMUNITY BETTERMENT ACTIVITY
710 Beautification
711 Host Family Program
712 Miss Lubbock Pageant
Total
BUDGET
$ 24,500
9,600
7,840
$ 41,940
$ 3,000
2,500
3,000
1,000
3,000
52,700
$ 65,200
$100,000
$100,000
$ 18,000
25,000
1,500
7,500
500
$ 52,500
$ 2,000
1,500
$ 3,500
$ 1,000
1,000
1,650
$ 3,650
CULTURAL AFFAIRS
Administrat;- a Expense BUDGET
801•Manager $ 20,000
802 Special Projects
Administration 7,500
803 Secretary 9,600
804 Fringe 10,200
Total $ 47,300
CULTURAL ACTIVITY
810 Activity $ 61000
Total $ 6,000
ADMINISTRATION EXPENSE
901
President
$ 48,000
902
Assistant Manager
53,000
903
Secretary/Cpmputer
Operator
13,240
904
Bookkeeper
18,500
905
Reception -Switchboard
12,220
906
Executive Secretary
10,750
907
Printer/Janitor
15,400
908
Fringe
52,300
Total
$223,410
GENERAL EXPENSE
921
Maintenance
$ 6,000
922
Utilitites
12,000
923
Postage
18,000
924
Office Supplies
7,200
925
Leased Equipment
4,000
926
Telephone
9,000
927
Insurance (Property)
6,000
Total
$ 62,200
TOTAL INDIRECT ECONOMIC DEV. $712,925
GRAND TOTAL $1,192,921
LUBBOCK BOARD OF CITY DEVELOPMENT
1985 - 86 BUDGET
ECONOMIC DEVELOPMENT
Administrative Expense BUDGET
101
Manager
$ 90,000
102
Small Business Mgr.
30,000
103
Business Retention Mgr.
30,000
104
Research Mgr.
20,000
105
Secretary (2)
26,000
106
Marketing Mgr.
30,000
107
Fringe
36,296
Total
$262,296
Overatincr Expense
120 Industrial & Business
Recruitment
$ 65,000
121
Travel
30,000
122
Advertising &
Marketing
60,000
123
Research
7,500
124
Business Retention
15,000
125
Small Business
15,000
126
Media Relations,
Local Communications
& Publicity
16,200
127
International Trade
5,000
128
Retail Trade
1,500
129
Contingent
2,500
Total
$217,700
TOTAL ECONOMIC DEVELOPMENT $479,996
EXHIBIT A
EXHIBIT B
nP1 rrnrrnm4z
NACORE
We have paid $1,600 for booth space and one registration.
There is an obligation to send someone to this meeting/show.
PAYROLL FOR ECONOMIC STAFF
If the transfer of Schroede-r is effective February 1,1986,
then the payroll through January 31, 1986 for himself and
secretary would be an obligation.
Salary 1/2 month for Schroeder & Secretary
Fringe (FICA,Fed. Unemploy, Hosp, C.ar Allow.,
Retirement)
ADVERTISING PROGRAM BEGINNING JANUARY 15, 1986
The advertising program/campaign developed by W.C.Griffin
Company and approved by the Board per our discussion
GOLIN/HARRIS COMMUNICATIONS, INC. (Chicago)
Public relations firm contracted for in the promotion
of Lubbock througn their media contacts in various national
publications and local programs. (Attached)
$ 1,489.17
$ 406.00
$401,441.00
Stec,_
EXHIBIT B
OBLIGATIONS
NACORE
We have paid $1,600 for booth space and one registration.
There is an obligation to send someone to this meeting/show.
PAYROLL FOR ECOi1OMIC STAFF
If the transfer of Schroeder is effective February 1,1986,
then the payroll through January 31, 1986 for himself and
secretary wG l d be an obligation.
Salary 1/2 month for Schroeder & Secretary
Fringe (FICA,Fed. Unemploy, Hosp, Car Allow.,
Retirement)
ADVERTISING PROGRAM BEGINNING JANUARY 15. 19
The advertising pro(-am/campaign developed by W.C.Griffin
Company and approvea by the Board per our discussion
GOLIN/HARRIS COMMUNICATIONS, INC. (Chicago)
Public relations firm contracted for in the promotion
of Lubbock through their media contacts in various national
publications and local programs. (Attached)
$ 1,489.17
$ 406.00
$401,441.00
LUBBOCK CHAMBER OF COMMERCE
1985-86
BUDGET
AGRICULTURE ACTIVITIES
Administration Expense BUDGET
201 Manager $ 29,925
202 Secretary 4,500
203 Fringe 10,500
Total $ 44,925
Program
210 Agriculture Committee $ 3,000
211 Travel
1,000
212 Water Dev.
3,500
213 Agriculture Product
Marketing
2,000
214 Contingent
500
Total
$ 10,000
TRANSPORTATION ACTIVITIES
Administration Expense
301 Manager $ 28,900
302 Secretary 2 4,500
303 Fringe 11,100
Total $ 44,500
Program
310 Aviation & Shippers $ 2,000
311 Highways 1,500
312 Membership Dues 1,000
313 Publications 1,000
314 Travel 2,000
315 Contingent 300
Total $ 7,800
PUBLIC AFFAIRS ACTIVITIES
Administration Expense BUDGET
401 Manager
$ 24,500
402 Secretary
9,600
403 Fringe
7,840
Total
$ 41;940
Programs
410 Governmental Affairs
$ 3,000
411 Health & Medical
2,500
412 Education & College
Development
3,000
413 Energy
1,000
414 Armed Services
3,000
415 COMA
52,700
416 Contingent
Total
$ 65,200
CONVENTION & VISITORS BUREAU
$100,000
Total
$100,000
COMMUNITY IMAGE
510
Community Billboards
$ 18,000
511
Publicity, Advertising
& Literature
25,000
512
Photo Supplies
1,500
513
PR & Goodwill
7,500
514
Contingent
500
Total
$ 52,500
SPECIAL PROJECTS
610 Athletic Events
(Play -Offs) $ 2,000
611 Football Weekends 1,500
Total $ 3,500
COtiLMUNITY BETTER�LNT ACTIVITY
710 Beautification $ 1,000
711 Host Family Program 11000
712 Miss Lubbock Pageant 1,650
Total $ 3,650
CULTURa:.
Adninistrati•:e Exoense BUDGET
801-Manager $ 20,000
802 Special Projects
Administration 7,500
803 Secretary 9,600
804 Fringe 10,200
Total $ 47,300
CULTURAL ACTIVITY
810 Activity $ 61000
Total $ 6,000
ADMINISTRATION EXPENSE
901
President
$ 48,000
902
Assistant Manager
53,000
903
Secretary/Computer
Operator
13,240
904
Bookkeeper
18,500
905
Reception -Switchboard
12,220
906
Executive Secretary
10-,750
907
Printer/Janitor
15,400
908
Fringe
52,300
Total
$223,410
GENERAL EXPENSE
921
Maintenance
$ 61000
922
Utilitites
12,000
923
Postage
18,000
924
Offfice Supplies
7,200
925
Leased Equipment
4,000
926
Telephone
9,000
927
Insurance (Property)
6,000
Total
$ 62,200
TOTAL INDIRECT ECONOMIC DEV. $712,925
GRAND TOTAL $1,192,921
i
STATE OF TEXAS
COUNTY OF LUBBOCK
ADDENDUM TO BOARD OF CITY DEVELOPMENT
ADMINISTRATIVE SUPPORT SERVICES CONTRACT
This is an addendum to that certain agreement titled 'Board of City Development
Administrative Support Services Contract" (Agreement) executed by and between the Lubbock
Board of City Development (BCD), the Lubbock Chamber of Commerce (Chamber) and
approved by the City of Lubbock, Texas (City) dated January 23, 1986.
WITNESSETH
WHEREAS, the term of the Board of City Development Administrative Support Services
Contract by and between the BCD and the Chamber expires at 5:00 p.m. on September 30, 1988;
WHEREAS, the BCD and the Chamber consider it to be in the continued best interest of
their organizations and the City of Lubbock to continue for an additional term in the amounts and
upon the terms and conditions hereinafter set forth;
WHEREAS, by Article XVI, Chapter 2 of the Code of Ordinances of the City of Lubbock
was amended by Ordinance No. 8859, of the City of Lubbock so that the Lubbock Board of City
Development has been given responsibility for overall economic development efforts for the City
of Lubbock, Texas and in carrying out those responsibilities, finds that it is desirable to contract
with certain other persons, associations, corporations and/or governmental entities to provide
specific performance of some of the activities required in its fulfillment of the BCD duties under
said amended ordinance in part;
WHEREAS, the BCD and the City recognize that the Chamber is well qualified,
experienced and equipped to perform some of the activities necessary to the attainment of the
goals required under the BCD duties.
NOW THEREFORE, the parties hereto agree that the "Agreement" is extended, renewed,
continued and/or amended as follows:
LUBBOCK BOARD OF CITY DEVELOPMENT ECONOMIC
DEVELOPMENT PHILOSOPHY
The Lubbock Board of City, Development has as its raison d'etre the economic
development of the City of Lubbock. The principal ordinance guiding this philosophy is number
8859. Said ordinance states:
"The expenditure of such tax funds above mentioned, that directly accomplish or aid in the
accomplishments of creating identifiable new jobs or retaining identifiable existing jobs in any of
the following areas of activity:
(a) Business retention and expansion
(b) Formulation and new business
(c) Business attraction"
The Lubbock Board of City Development's philosophy under this ordinance is to extend
the vast majority of its funds in support of direct economic development.
However, the Lubbock Board of City Development recognizes that it is necessary that the
City of Lubbock have in place an institution infrastructure that is supportive of economic
development activities. Consequently, it is the philosophy of this Board to expend a small fraction
of its annual funds in support of the development and maintenance of the required economic
development institution infrastructure.
II.
LUBBOCK BOARD OF CITY DEVELOPMENT
POLICY STATEMENT
(a) Interaction with Chamber of Commerce.
It is the policy of the Lubbock Board of City Development to encourage all Chambers of
Commerce, within the City of Lubbock to work cooperatively with each other, and in concert with
the Lubbock Board of City Development in pursuit of goals that will further the economic
development of Lubbock.
2
(b) Funding of the Economic Development Proposals.
It is the policy of the Lubbock Board of City Development to consider funding of economic
development activities on the basis of their ability to support the Board's economic development
goals and programs.
(c) Funding of Chambers of Commerce Infrastructure.
The Lubbock Board of City Development believes that the Chambers of Commerce are a
unique and integral part of the economic development infrastructure of the City of Lubbock.
Accordingly, it is a policy of the Lubbock Board of City Development to set aside a small portion
of its annual budget to support these Chambers. The funds set aside for this purpose shall be
provided to the Chambers in a representative fashion.
ARTICLE III.
DESIGNATION OF SCOPE OF SERVICES
The first sentence of Article III of the Agreement is herewith deleted and amended to read
as follows, to wit:
"Services to be performed by the Chamber shall be specifically designated by the budget
prepared for BCD activities during fiscal years 1986-1987, 1987-1988, 1988-1989, 1989-1990, and
1990-1991."
All other provisions of said Article III of the Agreement are renewed, continued and
extended as written in the original Agreement.
ARTICLE IV.
DESIGNATION OF SERVICES
Paragraphs 1 and 2 under the heading "The BCD Obligates Itself as Follows:" on page 14
under Article VI. "Subsequent Designation of Services" of the "Agreement" are herewith amended
to read as follows:
"(1) That in its approval of activities and services to be performed by the Chamber
during the 1986-1987, 1987-1988, 1988-1989, 1989-1990 and 1990-1991 fiscal years,
the amounts approved shall (including overhead and other related expenses) total
the amounts hereinafter designated in this contract as the total compensation to be
received by the Chamber for its services during each fiscal year.
(2) That in its approval of activities to be performed by the Chamber during the 1986-
1987, 1987-1988, 1988-1989, 1989-1990 and 1990-1991 fiscal years, of the amounts
approved each year $100,000.00 as budgeted by the Chamber for the Conventions
and Visitor Bureau shall constitute direct economic involvement."
The remaining terms and conditions of said Article VI "Subsequent Designation of
Services" are renewed, extended and confirmed in their entirety save and except where in conflict
with the provisions of the amendment here made.
ARTICLE V.
COMPENSATION TO CHAMBER
Article VH "Compensation to Chamber", of the Agreement is herewith amended to add
paragraphs (4), (5) and (6) following (3) on page 17 of the Agreement as follows:
"(4) For the period starting October 1, 1988 and ending September 30, 1989, an amount
equal to thirty (30%) percent of available funds.
(5) For the period starting October 1, 1989 and ending September 30, 1990, an amount
equal to twenty five (25%) percent of available funds.
(6) For the period starting October 1, 1990 and ending September 30, 1991, an amount
equal to twenty (20%) percent of available funds."
The remaining terms and conditions of Article VII "Compensation to Chamber" are
renewed, extended and continued in full force and effect save where in conflict with the new
provisions of paragraphs (4), (5) and (6).
ARTICLE VI.
TERM
Article IX "Term of the Agreement" is herewith amended to read as follows:
4
"The term of this contract pursuant to this addendum as herewith renewed, extended and
continued shall be the close of the regular business day at 5:00 p.m. on the 30th day of September,
1991:'
ARTICLE VII.
AGREEMENT
All other terms and conditions of the Agreement are herewith renewed, extended and
continued as though the original termination date of the Agreement had been 5:00 p.m. on
September 30, 1991 save and except in those instances where they would be in direct conflict with
any provision contained in this Addendum in which case any provision contained in this
Addendum shall prevail.
ARTICLE VIII.
NATURE OF CONTRACT AND CITY APPROVAL
The above referenced Ordinance No. 8859 as modified in Article XVI, Chapter 2, of the
Code of Ordinances of the City of Lubbock, Texas, provides that the BCD may, with the approval
of the City Council, contract with any qualified and appropriate person, association, corporation
or governmental entity to perform and discharge designated tasks which will aid or assist the BCD
in the performance of its duties, however, no such contract shall ever be approved or entered into
which seeks or attempts to divest the BCD of its discretion and policy making functions in
discharging the duties set forth in said Ordinance No. 8859. Both the BCD and the City
specifically find that the Chamber is the best qualified and the most appropriate entity with which
this contract should be entered into for the purposes and the scope of services hereinabove set
out. By its approval of this contract the City Council further acknowledges that the payment of the
budgeted expenses reflected by Exhibit "A", the existing indebtedness reflected by Exhibit 'B", and
the definitions herein contained as to activities constituting direct economic development
activities are hereby approved as appropriate and proper to the duties of the BCD under
Ordinance No. 8859. The City, by authority of formal action of the City Council, specifically
5
approves this contract and the execution hereof by the BCD and causes the duly authorized
officers of the City to execute this contract in order to evidence such approval.
EXECUTED this day of August, 1987.
BOARD OF CITi DEVELOPMENT
Mdjj`or�i ashCbairman
LUBBOCK CHAMBER OF 0MMER/�CE
By: Vk4t
• lL�il�-�-
M. an Howard, t
THE CITY OF LUBBOCK, TEXAS
By: C .
B.C."Peck" McMinn
ATTEST:
anet e Boyd, City Secretary
APPROVED AS TO FORM:
No Text
COUNTY OF LUBBOCK
ADDENDUM TO BOARD OF CITY DEVELOPMENT .
ADMINISTRATIVE SUPPORT SERVICES CONTRACT
This is an addendum to that certain agreement titled "Board of City Development
Administrative Support Services Contract" (Agreement) executed by and between the Lubbock
Board of City Development (BCD), the Lubbock Chamber of Commerce (Chamber) and
approved by the City of Lubbock, Texas (City) dated January 23, 1986.
WITNESSETH
WHEREAS, the term of the Board of City Development Administrative Support Services
Contract by and between the BCD and the Chamber expires at 5:00 p.m. on September 30, 1988;
WHEREAS, the BCD and the Chamber consider it to be in the continued best interest of
their organizations and the City of Lubbock to continue for an additional term in the amounts and
upon the terms and conditions hereinafter set forth;
WHEREAS, by Article XVI, Chapter 2 of the Code of Ordinances of the City of Lubbock
was amended by Ordinance No. 8859, of the City of Lubbock so that the Lubbock Board of City
Development has been given responsibility for overall economic development efforts for the City
of Lubbock, Texas and in carrying out those responsibilities, finds that it is desirable to contract
with certain other persons, associations, corporations and/or governmental entities to provide
specific performance of some of the activities required in its fulfillment of the BCD duties under
said amended ordinance in part;
WHEREAS, the BCD and the City recognize that the Chamber is well qualified,
experienced and equippedto perform some of the activities necessary to the attainment of the
goals required under the BCD duties.
NOW THEREFORE, the parties hereto agree that the "Agreement" is extended, renewed,
continued and/or amended as follows:
I.
LUBBOCK BOARD OF CITY DEVELOPMENT ECONOMIC
DEVELOPMENT PHILOSOPHY
The Lubbock Board of City Development has as its raison_ d'etre the economic
development of the City of Lubbock. The principal ordinance guiding this philosophy is number
8859. Said ordinance states:
"The expenditure of such tax funds above mentioned, that directly accomplish or aid in the
accomplishments of creating identifiable new jobs or retaining identifiable existing jobs in any of
the following areas of activity:
(a) Business retention and expansion
(b) Formulation and new business
(c) Business attraction"
The Lubbock Board of City Development's philosophy under this ordinance is to extend
the vast majority of its funds in support of direct economic development.
However, the Lubbock Board of City Development recognizes that it is necessary that the
City of Lubbock have in place an institution infrastructure that is supportive of economic
development activities. Consequently, it is the philosophy of this Board to expend a small fraction
of its annual funds in support of the development and maintenance of the required economic
development institution infrastructure.
II.
LUBBOCK BOARD OF CITY DEVELOPMENT
POLICY STATEMENT
(a) Interaction with Chamber of Commerce..,
It is the policy of the Lubbock Board of City Development to encourage all Chambers of
Commerce, within the City of Lubbock to work cooperatively with each other, and in concert with
the Lubbock Board of City Development in pursuit of goals that will further the economic
development of Lubbock.
It is the policy of the Lubbock Board of City Development to consider funding of economic
development activities on the basis of their ability to support the Board's economic development
goals and programs.
(c) Funding of Chambers of Commerce Infrastructure.
The Lubbock Board of City Development believes that the Chambers of Commerce are a
unique and integral part of the economic development infrastructure of the City of Lubbock.
Accordingly, it is a policy of the Lubbock Board of City Development to set aside a small portion
of its annual budget to support these Chambers. The funds set aside for this purpose shall be
provided to the Chambers in a representative fashion.
ARTICLE III.
DESIGNATION OF SCOPE OF SERVICES
The first sentence of Article III of the Agreement is herewith deleted and amended to read
as follows, to wit:
"Services to be performed by the Chamber shall be specifically designated by the budget
prepared for BCD activities during fiscal years 1986-1987, 1987-1988, 1988-1989, 1989-1990, and
1990-1991:'
All other provisions of said Article III of the Agreement are renewed, continued and
extended as written in the original Agreement.
ARTICLE IV.
DESIGNATION OF SERVICES
Paragraphs 1 and 2 under the heading "The BCD Obligates Itself as Follows:" on page 14
under Article VI. "Subsequent Designation of Services" of the "Agreement" are herewith amended
to read as follows:
"(1) That in its approval of activities and services to be performed by the Chamber
during the 1986-1987, 1987-1988, 1988-1989, 1989-1990 and 1990-1991 fiscal years,
the amounts approved shall (including overhead and other related expenses) total
the amounts hereinafter designated in this contract as the total compensation to be
received by the Chamber for its services during each fiscal year.
(2) That in its approval of activities to be performed by the Chamber during the 1986-
1987, 1987-1988, 1988-1989, 1989-1990 and 1990-1991 fiscal years, of the amounts
approved each year $100,000.00 as budgeted by the Chamber for the Conventions
and Visitor Bureau shall constitute direct economic involvement."
The remaining terms and conditions of said Article VI "Subsequent Designation of
Services" are renewed, extended and confirmed in their entirety save and except where in conflict
with the provisions of the amendment here made.
ARTICLE V.
COMPENSATION TO CHAMBER
Article VII "Compensation to Chamber", of the Agreement is herewith amended to add
paragraphs (4), (5) and (6) following (3) on page 17 of the Agreement as follows:
"(4) For the period starting October 1, 1988 and ending September 30, 1989, an amount
equal to thirty (30%) percent of available funds.
(5) For the period starting October 1, 1989 and ending September 30, 1990, an amount
equal to twenty five (25%) percent of available funds.,
(6) .For the period starting October 1, 1990 and ending September 30, 1991, an amount
equal to twenty (20%) percent of available funds:"
The remaining terms and conditions of `Article . VII "Compensation to Chamber" are
renewed, extended and continued in full force and effect save where in conflict with the new
provisions of paragraphs (4), (5) and (6).
ARTICLE VI.
TERM
Article IX'Term of the_Agreement" is herewith amended to read as follows:
i
"The term of this contract pursuant to this addendum as herewith renewed, extended and
continued shall be the close of the regular business day at 5:00 p.m. on the 30th day of September,
1991 "
ARTICLE VII.
AGREEMENT
All other terms and conditions of the Agreement are herewith renewed, extended and
continued as though the original termination date of the Agreement had been 5:00 p.m. on
September 30, 1991 save and except in those instances where they would be in direct conflict with
any provision contained in this Addendum in which case any provision contained in this
Addendum shall prevail.
ARTICLE'VIII.
NATURE OF CONTRACT AND CITY APPROVAL
The above referenced Ordinance No. 8859 as modified in Article XVI, Chapter 2, of the
Code of Ordinances of the City of Lubbock, Texas, provides that the BCD may, with the approval
of the City Council, contract with any qualified and appropriate person, association, corporation
or governmental entity to perform and discharge designated tasks which will aid or assist the BCD
in the performance of its duties, however, no such contract shall ever be approved or entered into
which seeks or attempts to divest the BCD of its discretion and policy making functions in
discharging the duties set forth in said Ordinance No. 8859. Both the BCD and the City
specifically find that the Chamber is the best qualified and the most appropriate entity with which
this contract should be entered into for the purposes and the scope of services hereinabove set
out. By its approval of this contract the City Council further acknowledges that the payment of the
budgeted expenses reflected by Exhibit "A", the existing indebtedness reflected by Exhibit'B", and
the definitions herein contained as to activities constituting direct economic development
activities are hereby approved as appropriate and proper to the duties of the BCD under
Ordinance No. 8859. The City, by authority of formal action of the City Council, specifically
w
approves this contract and the execution hereof by the BCD and causes the duly authorized
officers of the City to execute this contract in order to evidence such approval.
EXECUTED this yi day of August, 1987.
BOARD OF CITY DEVELOPMENT
M.AjorlA- as�C airman
LUBBOCK CHAMBER, OfCOMMERCE
By: /!�( �+• ��
M. Dan owar , t 1 A-.#.V
THE CITY OF LUBBOCK, TEXAS
By:
"FecIC McMinn
anet e Boyd, City Secretary
APPROVED AS TO FORM: