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HomeMy WebLinkAboutResolution - 2664 - Letter Agreement - BCD, & LBCE - Black Businesses Development - 10/22/1987Resolution #2664 October 22, 1987 Agenda Item #33 DGV: dw BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the attached Letter Agreement between the Board of City Development and the Lubbock Black Chamber of Entrepreneurs with regard to assisting development of black businesses through a procurement program and compilation of a directory identifying black businesses. Passed by the City Council this 22nd day of October , 1987. '9. C-& c ,Oz B. C. NICMMr MAYOR ATTEST: City �& Css Bob Cass, Deputy City Manager 0 *VillULp+1 &WC92 1 Donald G. Vandiver, First Assistant Attorney LEITER OF AGREEMENT LUBBOCK BOARD OF CITY DEVELOPMENT AND LUBBOCK BLACK CHAMBER. OF ENTREPRENEURS WHEREAS, the LUBBOCK BOARD OF CITY DEVELOPMENT ("BCD") 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 for personal and professional services to assist it in the performance of its duties and discharge of designated tasks; and WHEREAS, LUBBOCK BLACK CHAMBER OF ENTREPRENEURS (LBCE), acting as an incorporated Chamber of Commerce serving the Black community of Lubbock, has submitted to the BCD a proposal, dated September 25, 1987, and attached as a part of this agreement to coordinate a cross training program, to assist black businesses in Lubbock through a procurement program and to compile a directory identifying black businesses during the fiscal year October, 1987 - September, 1988 which will benefit the entire City of Lubbock; and WHEREAS, the BCD, at a regular meeting held on August 24, 1987, approved funding for LBCE's proposal in the amount of $4,800.00 and $15,200.00 at a special meeting held on September 25, 1987 pending the execution of a satisfactory letter of agreement between BCD and LBCE ; NOW, THEREFORE, BCD and LBCE agree as follows: 1. LBCE agrees to conduct the work outlined in its September 25, 1987, proposal in regards to coordination of a cross training program, assisting black businesses in Lubbock through a procurement program and compiling a directory identifying black businesses. In conducting its work, LBCE shall be an independent contractor and not an agent or employee of BCD for any purpose, and LBCE agrees to indemnify and hold harmless BCD and the City of Lubbock from and against any and all claims, liabilities, causes of action and expense of any kind whatsoever, including reasonable attorney's fees, relating to and/or arising out of the performance by LBCE of the work described herein, insofar as the Constitution and laws of the State of Texas permit. 2. LBCE agrees to expend the funds provided by BCD only on the work items and in the amounts indicated in the September 25, 1987 proposal budget. 3. LBCE agrees to maintain close coordination with BCD on these work items and to utilize, wherever possible, the resources of the BCD to extend the effectiveness of LBCE's efforts. , 4. LBCE agrees to provide to BCD quarterly reports, due on January 15, April 15, July 15, and October 15, 1988, containing: a. a narrative description of work undertaken and accomplishments in regards to the work items covered in this agreement; and b. a financial report itemizing the expenditures incurred within each work item category. 5. BCD agrees to provide to LBCE upon execution of this agreement, and quarterly thereafter, funding in the amount of $5,000.00, totaling $20,000.00, for the sole purpose of undertaking the direct economic development activities identified in the September 25, 1987 proposal from LBCE to BCD, provided that in the event BCD determines that LBCE is not performing the services described herein in the manner set forth in its proposal and approved by the BCD, BCD may, upon written notice to LBCE setting forth the deficiencies in its performance, withhold any further disbursements until such time as said deficiencies are corrected. If such deficiencies have not been corrected by LBCE within five (5) working days from the date of the BCD notice, BCD may cancel this agreement by providing written notice of cancellation to LBCE. This agreement shall be for a term of one (1) year from and after the date hereof, which shall be the effective date of this agreement. Anything contained herein to the contrary notwithstanding, BCD may terminate this agreement at any time by thirty (30) days written notice to LBCE. Following termination of this agreement for any reason, LBCE shall repay to BCD any unexpended portions of disbursements previously made hereunder. 6. BCD agrees to provide to LBCE access to BCD's technical assistance and support services to assist LBCE, to the maximum extent feasible, in carrying out its planned direct economic development efforts. 7. BCD and LBCE agree that this agreement may not be modified without the written consent of both BCD and LBCE. EXECUTED and effective this: 7th day of October , 1987. BOARD OF CITY DEVELOPMENT Its Chairman LUBBOCK BLACK CHAMBER OF ENTREPRENEURS By: Its Chairman APPROVED AS TO FORM: McNeely and Smith Attomeys for CD I September 25, 1987 Ms. Marjorie Kastman Chairman of the Board Lubbock Board of City Development 2005 Broadway Lubbock, Texas 79401 Dear Ms. Kastman: Attached please find the Lubbock Black Chamber of Entrepreneurs' request to the Lubbock Board of City Development for funding for economic development projects. in addition to a description of the projects which the Lubbock Black Chamber of Entrepreneurs proposes, the following informa- tion has also been included for your review: a) Articles of incorporation; b) Operational budget for fiscal year 1988; c) Organizational structure; d) Lubbock Black Chamber of Entrepreneurs' Objectives; e) List of Officers and Board Members; and f) List of current staff. The application for the Lubbock Black Chamber of Entrepreneurs 501(c)(3) designation is in process. I hope this information is helpful to you and the Board in your consideration of our request. Please feel free to contact me if you need any additional information. Sincerely, eR&�Kado Lang Chairperson Lubbock Black Chamber of Entrepreneurs Proposed Program I MV�Zil*61liD-Ofm INWO)0000)WAai#�i)!v1DRI++iT�+M�►�i���� The Lubbock Black Chamber of Entrepreneurs (LBCE) recognizes the importance of qualified personnel necessary to ensure the success of the organization. In order to accomplish the development of staff, it is proposed that a cross training program between the LBCE and the Board of City Development (BCD) be established. This program would enable allotted members of the LBCE to work for three months each with the staff of the BCD. It is proposed that LBCE employees devote 50% of their time to the training program during the 3 months selected for training. Such training would include the Executive Director and Secretary, and other designated trainees as authorized by the Board of the LBCE. Efforts would be made to include the exchange of ideas'with other chambers such as the Chamber of Commerce. These efforts would be closely coordinated with the BCD. Priority would be given to appropriately utilizing the resources of the Chamber of Commerce as available. The scheduling for the program will be agreed upon by the staff of the BCD and LBCE. In order to develop a desired and necessary coordination among the organizations, it is also proposed that the LBCE have access to'the staff members of the BCD as appropriate. This arrangement will enable the staff of the LBCE to acquire a comprehensive understanding of the operations of a chamber and an economic development agency. Training and orientation is requested in the following areas: administration; management of the LBCE; retention of existing businesses; small business development; and attraction of industry. This approach will ensure that the LBCE works.in concert with all programs presently operated by the BCD. Under this program, during Fiscal Year 1988, the BCD will reimburse LBCE for the salary and benefit costs of the LBCE chosen trainees based upon each trainees actual participation in the program. Funding for this program is proposed as follows: Cost BCD LBCE Salary of Trainees $10,100 $10,100 I Proposed Program II LUBBOCK BLACK CHAMBER OF' -.ENTREPRENEURS PROPOSED ECONOMIC DEVELOPMENT ACTIVITIES This program will enable the LBCE to assist black businesses in Lubbock and the surrounding area in expanding their businesses by providing assistance in competing for contracts and subcontracts with federal, state and local governmental agencies, as well as in the private sector. LBCE assistance will be in the form of developing marketing plans,.identifying contract opportunities, preparing bid packages, acquiring bonding and necessary financing, and assisting with pre -award -and post-award.negotiations. The LBCE proposes to assist thirty (30) black businesses during its first year of operation. Program Cost BCD LBCE Travel $ 2,000 $ 3-0000 Other Operational 1,900 5,800 $ 3,900 j78,800 Proposed Program III LUBBOCK BLACK CHAMBER OF: PROPOSED ECONOMIC DEVELOPMENT ACTIVITIES !!Jim M; . yt . r The LBCE will compile a directory identifying black businesses and entrepreneurs operating in Lubbock and the surrounding area. This document will be shared with the BCD for the purpose of identifying businesses which can benefit from programs offered by the BCD and the Lubbock Minority Business Development Center. The development of this directory will be linked to a membership drive, as well as serve as a mechanism to inform prospective members of the programs available through the BCD. The development of the directory will include the sale of advertisements deemed necessary by the LBCE. Administrative Cost BCD LBCE Operational $1,200.00 $2,200.00 1:1.L"L11 %hc Atult of ?i[ext�s Aecretaq of Ajute SEP. 89 1987 t►llkTlli� hAl(i:P--C!AKER FIELD CLIFFORD KRIER WE n Il INOIA14A L 1.1 P P 0C1% TX 791.10 kr: LUPHOCK HLACK CIiAMBER OF ENTREPRENEURS CIiAKTEI? NUMBER 01061377-01 IT HAS HEI:II OUR PLEASURE TO APPROVE AND. PLACE ON,. -.RECORD THE ARTICLES OF INCORPORATION THAT CREATED YOUR; CORPORATION...• •• WE EXTEND OUR BEST WISHES FOR SUCCESS IN YOUR NEW VENTURE. AS A CORPORATION, YOU ARE SUBJECT TO STATE TAX.LAWS. .SOME NON—PROFIT CORPORAIIOUS ARE EXEMPT FROM THE PAYMENT -OF FRANCHISE TAXES AND MAY ALSO VE CXI M.PT FROM THE PAYMENT OF SALES AND USE TAX ON THE PURCHASE OF TAXABLE ITEMS. IF- YOU FEEL THAT UNDER THE LAW YOUR CORPORATION IS ENTITLEC TO BE EXEMPT YOU MUST APPLY TO THE COMPTROLLER,OF PUBLIC AC— COUNTS FOR THE EXEMPTION. THE SECRETARY OF STATE CANNOT MAKE SUCH OCIERNINAT.ION FOR YOUR CORPORATION... IF WC CAN (IF: OF FURTHER SERVICE AT ANY TIME, PLEASE LET US KNOW. VERY TRULY YOURSw Gut„ M � us Secretary of Slate 0 I DLC—CH. 0 the �S.tzltr of texttg Aecrrinq of $tbtc CERTIFICATE OF INCORPORATION OF LUBBOCK BLACK CHAMBER OF ENTREPRENEURS CHARTER NUMBER 01061377 7i1f Ul-JIL.RSIGNE0, AS SECRETARY OF STATE OF THE STATE OF TEXAS, tart<ritY Ci_Pl[FlES THAT ARTICLES OF'INCORPORATION FOR THE ABOVE Cul-lPftt:AT ION, DULY S IGNE0 AND VERIFIED HAVE BEEN RECEIVED IN THIS Ll -f [ CE AND Ate. E FOUND TO CONFORM TO LAN. ACCORDINGLY THE UNDERSIGNED, AS SUCH SECRETARY OF STATE, AND BY VIkTUr r111'Ht: AUTHORITY VESTED IN THE SECRETARY BY LAW, HEREBY ISSUES .' THIS CERTIFICATF (IF INCORPORATION AND ATTACHES HERETO A .COPY OF THE AItTTC•.FS OF INCORPORATION. ISSUANCE OF THIS CERTIFICATE -:-OF INCORPORATION DOES NOT AUTHORIZE THE USE OF A CORPORATE NAME IN THIS STATE IN VIOLATION OF THE RIGHTS OF ANOTHE UNCER THE FEDERAL TRADEMARK ACT'OF.1946, THE TEXAS TRADEMARK LAW, THE ASSUMED BUSINESS OR PROFESSIONAL. NAME ACT OR THE COMMON LAW. r DAZED SEP. rt, 1987 Cull Secretary or State• 1n the Office of the ' Secretary of State of Texas SEp 0 81987 ARTICLES OF INCORPORATION.- OF LUBBOCK BLACK CHAMBER Or ENTREPRENEURS Gotpofatlans SecUon We, the undersigned. natural persons, at.. least two of whom are citizens of the State of Texas, and who are of. -the age of. eighteen (18) years or more, acting as incorporators of a corporation under the Texas Nonprofit Corporation Act, do'hereby adopt the following Articles of Incorporation for such corporation: ARTICLE ONE Name The name of the corporation is LUBBOCK BLACK CHAMBER Or ENTREPRENEURS. ARTICLE TWO Nonprofit•Corpo'ration The corporation is a nonprofit corporation. ARTICLE THREE Duration The period of .it -s duration.is perpetual.. ARTICLE FOUR - Purpose's The purpose or purposes for which the corporation is organized are: l.. To encourage .the growth of existing industries and businesses while giving al1'proper assistance to.any new firms or I individuals seeking to located'in•the Lubbock area.. 2. To advance the economic• industrial professional entrepreneurial welfare of the Lubbock area. 3. To support those activities believed to be economically beneficial to the Lubbock community and area. 4. Said corporation is". ' organized.''- -' exclusively for charitable 'and educational -purOos'es inc luding�;for:xsuch' purposes the making of distributions ,t'o'..organizations . that qualify as exempt organizations .under.,.§501(c)(3)� of the.. Internal. Revenue Code of 1954 (or the corresponding provision of•.any'future United ` States. -Internal Revenue Law). 5. No part of the net earnings of the'corporation shall inure to the benefit of any director of the corporation, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more of its purposes), and no director- or officer of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution 'of' the corporation. No substantial part of the activities of the. 'corporation shall be the carrying on of propaganda, or otherwise attempting to influence.legislation and the corporation shall. not participate in or intervene in (including the publication. or distribution of statements) any political campaign on behalf of'any candidate for public office. -2- G. Notwithstanding any other provision of these Articles, the corporation shall not carry on- any other activities not permitted to be carried on (a) by a corporation exempt from federal. income tax under §501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United .States. Internal Revenue Law)or (b) by a corporation contributions to which are deductible under §170(c)(2) of the Internal. Revenue Code of 3.954 (or the gorresponding provi sion of any future United States Internal Revenue Law). ARTICLE FIVE Initial. Registered Office and Agent ''he street address of the initial registered office of the corporation is 510 East 23rd Street, Lubbock, Texas, 79404, and the name of its initial registered agent at such address is Eddie P. Richardson. ARTIUM E - SIX Directors The number of Directors constituting the initial Board of Directors of the corporation is%seven (7) Wand the names and addresses of the persons 'who are to serve as the initial. Directors are: Rev. Kado Lang 2804. Walnut r Lubbock, , Texas 79464,` `. • '.,. Charles Planks 9515 Canton Lubbock, Texas 79423 -3- William H. Britt 2315 Birch Lubbock, Texas 79404 Eddie P. Richardson 5013 57th Street Lubbock, Texas 7941► Carl Elliott 1.828 Manhatte6 Drive. Lubbock, Texas 79404 Darrell. T. Jackson 810 N. Elkhart Avenue Lubbock, Texas 7941.6 Octavia Givens 1.701. E. 26th Lubbock, Texas 79404 ARTICLE SEVEN Dissolution Upon dissolution of the corporation the Board of Directors shall, after paying or making provision for payment of all .Liabilities of the corporation, dispose of all the assets of the corporation exclusively for the purpose 'of the corporation in such manner or -to such organization or organizations organized and operated exclusively. for religious, charitable and educational purposes as shall at the time qualify as an exempt organization or organizations under §501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future. United States Internal Revenue Law) as the Board of Directors shall determine'. -4- I ARTICLE EIGHT, Incorporators The name and street: address of each, incorporator is: Eddie P. Richardson 50.13 57th Street Lubbock, Texas 79414 Earl Elliott. =: 1828 Manhatten�.Drive Lubbock, Texas 79404 Darrell T. Jackson 810 N. Elkhart Avenue. Lubbock, Texas 79416 Octavia Givens 1701 E. 26th Street. Lubbock, Texas 79404. EXECUTED THIS day of ',Septembe'r', '-1987 . E d,ie P. Richardson, Incorporator Ear Ell o -t, I cor orator •/ D T. J ckso corporator ctavia Given, n orporator -5- THE STATE-: OF TEXAS ) r COUNTY OF LUBBOCK ) BEFORE ME, a notary public, on EDDIE P. RICHARDSON, known to me to subscribed to the foregoing document sworn, declared that the statements an correct. this day. personallyappeared be the person whose name is and, ... being by me first duly therein contained are true GIVsN under my hand and seal of office this � day of 1987. 1000000,110 Notary Public, State of Texas THE STATE OF TEXAS ) COUNTY OF LUBBOCK ). BEFORE ME, a notary public, on this day personally appeared EARL ELLIOTT, known to me to *be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true a correct. G EN under my hand and '.seal -of office this day of 1987.. THE STATE Of TEXAS COUNTY OF LUBBOCK Notary Public, State of Texas BEFORE ME, a notary.pi.ablic,:on.this day personally appeared DARRELL T. JACKSON, known. to me,to be the person. whose name is subscribed to the foregoing document and, being by me first duty sworn, declared that the statements therein contained are true a d correct. GI V ?N under my hand and seal of office this day of 1987. / i_ / Notary Public; State of 'rexas THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) BEFORE ME, a notary public, on 'this day personally appeared OCTAVIA GIVENS, known to me to' be the person whose' name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein .contained are 'true a d correct. GI EN under my hand and seal of office this day of 1947 Notary Public, Slate of Texas N LUBBOCK BLACK CHAMBER OF ENTREPRENEURS BUDGET FISCAL YEAR 1988 FUNDING SOURCES OTHER BCD: BCD: FUNDING BASIC SPECIAL PROGRAM SOURCES TOTAL PERSONNEL Executive Director $ 0.00 $ 7,500.00 $ 7,500.00 $15,000.00 Executive Secretary 2,600.00 2,600.00 2,600.00 7,800.00 Subtotal $2,600.00 $10,100.00 $10,100.00 $22,800.00 OPERATIONAL Rent $ 0.00 $ 19500.00 $ 1,500.00 $ 3,000.00 Supplies 0.00 500.00 1,000.00 1,500.00 Telephone 400.00 400.00 2,500.00 3,300.00 Postage 400.00 200.00 2,000.00 2,600.00 Travel 400.00 2,000.00 3,000.00 5,400.00 Other 1,000.00 . 500.00 1,000.00 2,500.00 Subtotal $2,200.00 $ 5,100.00 $11,000.00 $18,300.00 TOTALS $4,800.00 $15,200.00 $21,100.00 $41,100.00 (11.68X) (36.98X) (51.34X) (100.00X) I N W Z W CL. W OC F— Z W LOL3- 40 W m f Q S v Y U Q J co U O m m J m Q O OD Q W w 41 W N t::51:u• •- D •u••a OBJECTIVES The Lubbock Black Chamber of Entrepreneurs was organized in 1981 and re-enacted in 1987 to accomplish the following objectives. A. To identify, extend and promote Black business, industry, trade, commerce and culture in Lubbock and surrounding areas. B. To increase understanding between Black businesses and the community at large, encouraging the full development of the resources of Lubbock, promoting and enhancing its welfare and broadening the economic Black community. C. To assist as a contact chamber for the Board of City Development, Lubbock Chamber of Commerce and COMA, especially when industries or businesses seek new locations. D. To conduct and sponsor workshops, seminars and other related activities which provide training opportunities for Black businessmen. E. To develop public relations programs to increase city-wide awareness of Black businesses and their contributions to the Lubbock economy. F. To promote, sponsor and encourage Black youth'to pursue entreprenurial opportunities and careers. G. To attract conventions, conferences and other similar revenue - generating events to Lubbock. H. To cooperate with educational organizations in identifying training programs to support existing businesses and to attract new industries. I. To promote the welfare of all area citizens, following always those policies intended to accomplish the greatest good for the greatest number. ! LUBBOCK BLACK CSAMBER OF ENTREP� OFFICERS AND BOARD MEMBERS Chairman: Rev. Kado Lang ' Vice Chairman: Members: Charles Planks William Britt Eddie Richardson Earl Elliot Darrel T. Jackson Octavia Givens Donnie R. Rolfe Odessa H. Long Elroy Carson Sam Hill LUBBOCK BLACK CHAN BER OF ENTREP ZNEURS STAFF Executive Director Eddie P. Richardson Secretary vacant I September 24, 1987 Dr. Mason Somerville 4515 20th Street . Lubbock, TX 79410 Dear Mason: Lubbock Chamber of Commerce P.O. Box 561 Lubbock, Texas 79408 806-763-4666 This letter is a follow-up to our discussion at the Executive Committee meeting last week regarding the Chamber's participation in a training program for members of the Board of Directors and staff of the Lubbock Black Chamber of Entrepreneurs. The Chamber will participate in the training program without pay to the trainee. It is our understanding that a representative of the LBCE will visit our office two afternoons a week (Tuesday and Thursday). It is also our understanding that the program will operate initially for a period of three months. At the end of that period of time we would want to take a look at it and make an assessment pertaining to its future. Please let us know when the program is to begin. We will make our plans accordingly. Sincerely yours, '�Z Wresident A. Logan & General Manager /fa cc: Larry Lucero The Newest Star On The Texas Horizon