HomeMy WebLinkAboutResolution - 2426 - Contract - IMS - Foreign Trade Zone Economic Feasibility Study - 09/11/1986HW: js
RESOLUTION
Resolution #2426
September 11, 1986
Agenda Item #24
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the
City of Lubbock a Contract with International Management Ser-
vices for a Foreign Trade Zone Feasibility Study, attached
herewith, which shall be spread upon the minutes of the Coun-
cil and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as fully copied
herein in detail.
Passed by the City Council this 11th day of
1986.
ATTEST:
e Boyd, C
APPROVED AS TO CONTENT:
Ted Barron, Assistant to the
City Manager
APPROVED AS TO FORM:
Harold Willard, Assistan City
Attorney
September
c
B. C. MCMI N, MAYOR
Resolution #2426
CONTRACT FOR A FOREIGN TRADE ZONE
FEASIBILITY STUDY
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AnREEMENT is made and entered into, this lith day
em
of Septer '1986, by and between the CITY OF
LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock
County, Texas, hereinafter referred to as THE CITY, and IN-
TERNATIONAL MANAGEMENT SERVICES, of Houston, Texas, here-
inafter referred to as IMS.
WITNESSETH: That for and in consideration of the sum
herein stated, IMS agrees to conduct a study whose major ob-
jective shall be to determine if the economy of Lubbock can
viably support a Foreign Trade Zone (hereinafter referred to
as FTZ) in accordance with the Foreign Trade Zones Act of
1934, as amended, 19 U.S.C.S. §§81a et seq.
I.
IMS hereby agrees to determine the nature and extent of
interest in using an FTZ at or near the City of Lubbock uti-
lizing an approach which includes but will not necessarily
be limited to the following:
1. Interviews with a wide spectrum of industrial ac-
tivity within and outside the City of Lubbock, to
identify specific companies that can derive maxi-
mum benefit from FTZ status.
2. Determination of the potential benefits to those
businesses interviewed.
3. Site selection of existing businesses as well as
future expansion areas in which to attract new in-
dustry to Lubbock.
4. Determination of the best suited mode of opera-
tion.
5. Development of an economic analysis of Zone Costs
(i.e. start-up, organization expenses, operation,
etc.).
6. Concise analysis of community benefits.
Utilizing this approach, IMS will prepare for the City a
concise, supportable study on the feasibility of an FTZ
based on:
Type and Level of Interest
Site Selection - Existing and Expansion
Mode of Operation
Community Benefits
Economic Analysis
II.
This Agreement is subject to, and both the City and IMS
agree to abide by, all terms, conditions and limitations set
forth in the General Terms and Conditions and the Special
Terms and Conditions of Technical Assistance Grant No. 08-
06-02507 offered to the City by the Regional Director of the
United States Department of Commerce Economic Development
Administration pursuant to Title III, Section 301(a) of the
Public Works and Economic Development Act of 1965, as
amended. To enable the City to effectively comply with said
terms, conditions and limitations of said grant, IMS shall
submit to the City two (2) copies of its Work Schedule Plan
not later than September 30, 1986, two (2) copies of its
Progress Report and two (2) copies of its Draft Final Report
not later than November 30, 1986, and twenty (20) copies of
its Final Report not later than January 30, 1987.
The cost of the study herein described, inclusive of
all professional manpower and all out-of-pocket expenses,
shall be Twenty -Five Thousand Dollars ($25,000) payable by
the City to IMS as follows:
1. An initial payment of Five Thousand Dollars
($5,000) upon execution of this Agreement by the
City;
2. A payment of Seven Thousand Five Hundred Dollars
($7,500) within thirty (30) days after the initial
payment, provided the City has received two (2)
copies of the Work Schedule Plan of IMS not later
than September 30, 1986;
3. A payment of Seven Thousand
($7,500) within sixty (60)
payment; and
- 2 -
Five Hundred Dollars
days of the initial
4. A final payment of Five Thousand Dollars ($5,000)
within one -hundred fifty (150) days of the initial
payment, provided the City has received two (2)
copies of the Progress Report of IMS and two (2)
copies of its Draft Final Report by November 30,
1986, and twenty (20) copies of the Final Report
by January 30, 1987.
IV.
It is hereby understood and mutually agreed, by and be-
tween the City and IMS, that receipt by the City of the Work
Schedule Plans, Progress Reports, Draft Final Reports and
Final Reports by the dates specified herein are ESSENTIAL
CONDITIONS of this Contract, and that the time for comple-
tion and submission of said plans and said reports is rea-
sonable, and is of the essence of this Agreement.
V.
No payment shall be rendered by the City and no charge
shall be made by IMS for the gathering of raw economic and
related data (e.g. population statistics, bank and savings
and loan association deposits, building permits, utility
connections and similar basic community data).
VI.
This Agreement shall not become effective and binding
unless and until the City receives notification from the
Economic Development Administration that it approves the bid
submitted to the City by IMS for a Foreign Trade Zone Feasi-
bility Study.
VII.
IMS is, and at all times during the performance of this
Agreement shall remain, an independent contractor, with
full, complete and exclusive power and authority to direct,
supervise and control its own employees and determine the
method for performance of the services to be rendered under
this Agreement; and any rights the City may have hereunder
are not intended and shall not at any time change or affect
the status of IMS as an independent contractor.
VIII.
Either the City or IMS may terminate this Agreement by
notifying the other party of intent to so terminate, in
writing, thirty (30) days prior to the intended termination
- 3 -
date and, in that event, IMS agrees to turn over all work
done to date to the City of Lubbock, and the City of Lubbock
agrees to pay IMS up to the date of termination, provided
that IMS has complied with all conditions of this Agreement
scheduled to occur prior to said date of termination.
IX.
IMS will carry and maintain Public Liability Insurance
in companies licensed to do business in the State of Texas
and which insures IMS and the City against all claims,
losses, costs or expense arising out of the performance of
this Agreement and which are a consequence of injuries to
persons, whether or not employed by IMS, or damage to prop-
erty, whether due to acts, omissions, negligence or other-
wise of IMS or any of its officers, agents, employees or
other persons, such policies to provide for a liability
limit on account of each occurrence resulting in a bodily
injury or death to one person of not less than One Hundred
Thousand Dollars ($100,000), a liability limit on account of
each occurrence resulting in a bodily injury or death to
more than one person of not less than Three Hundred Thousand
Dollars ($300,000), and a liability limit of not less than
One Hundred Thousand Dollars ($100,000) for each claim for
property damage. IMS shall furnish evidence to the City of
continuous coverage under said policies and said policies
shall be so worded as to insure ten (10) days notice to the
City of cancellation or modification. Said policies shall
be subject to the approval of the City of Lubbock.
X.
In the performance of this Agreement, IMS shall indem-
nify and save harmless the City from any and all losses that
may proximately result to the City due to fault or negli-
gence on the part of IMS, its officers, agents or employees,
and IMS shall indemnify the City against any and all claims,
demands, suits, judgments and losses whatsoever.
XI.
The study herein proposed will be under the personal
direction of F. J. Spencer, President, who has been an In-
ternational Business Consultant, based in Houston, since
1961. Proposed project staff will include:
Ronald S. Spencer Manager, FTZ Division
Karen Krause-Gilboux Market/Research Analyst
Annette C. Ogden Market Analyst
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U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
GRANT OFFER FOR TECHNICAL ASSISTANCE GRANT NO. 08-06-02507
The Regional Director, acting pursuant to Title III, Section 301(a), of the
Public Works and Economic Development Act of 1965, as amended, hereinafter,
the "Act") hereby offers to the City of Lubbock, Texas, (hereinafter, the
"Grantee") grant assistance subject to the terms, conditions, and limitations
as set forth herein and in the attached General Terms and Conditions and
Special Terms and Conditions. The assistance is offered to enable the Grantee
to carry out the objectives of the Act by undertaking a program to alleviate
or prevent excessive unemployment and underemployment in the area(s) of
Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb,
Lubbock, Lynn, Motley, Terry, and Yoakum Counties of Texas.
The maximum amount of grant assistance hereby offered is $25,000.
The term of the grant will be four months from the effective date of the grant,
September 1, 1986, and will include a three-month work program. Funds will be
made available for the Grantee's eligible expenses during this period in
accord with the attached General and Special Terms and Conditions.
This Grant Offer does not commit the Economic Development Administration (here-
inafter, the "Grantor") to approve requests for additional funds during or
beyond this grant period.
Dated this 6/4day of AI.JV 1986.
Regional Director
The foregoing Grant Offer is hereby accepted, and it is agreed that the funds
made available will be used only as set forth herein and in the attached
General and Special Terms and Conditions.
Dated this
27th
day of August
CITY OF LUBBOCK
(Grantee)
(By Authorized Official)
, 1986.
L c
c
iORED-331
(REV.
3--77) U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
Office of Technical Assistance
SPECIAL TERMS AND CONDITIONS
For Technical Assistance Grant under Title III, Section 301(a) of the
Public Works and Economic Development Act of 1965, as Amended
EFFECTIVE DATE: September 1, 1986 GRANT NO: 08-06-02507
TITLE: Foreign Trade Zone Feasibility Study
GRANTEE/ADDRESS: City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
GRANT ADMINISTRATOR/ADDRESS: Regional Director
Economic Development Administration
U. S. Department of Commerce
611 East Sixth Street
Grant Building, Suite 201
Austin, Texas 78701
I. TOTAL AUTHORIZED BUDGET:
Federal Cash Contribution — $ 25,000
Grantee Cash Contribution — $ 8,334
Grantee In -Kind Contribution — $ -0-
Total Authorized Budget — $ 33,334
Grant No. 08-06-02507
If. AUTHORIZED STAFF POSITIONS AND MAXIMUM SALARY LEVELS:
Annual Grantee Share:
Position Salary Federal Cash (C) or Total
Title Rate Cash In -Kind (1) Salary
None $ —0— $ —0— $ —0— $ —0—
TOTAL PERSONNEL
$ —0— $ —0-
2
USCOMM-DC 63815-F77
III. DETAILED BUDGET CATEGORIES:
Federal
Budget Categories Cash
1. Personnel:
(a) Salaries (from II) $ -0-
(b) Fringe Benefits -0-
2. Travel & Per Diem -0-
3. Equipment & Furniture
4. Supplies --
Grant No. 08-06-02507
Authorized Budget
Grantee Share
Cash In -Kind
mom
M
Total
mom
-0- -0- -0- -0-
5. Contractual -Total
25,000
8,334
-0-
33,334 -
(a)
_ (b)
(c)
(CI)
6. Other -Total
-0-
-0-
-0-
-0-
(a)
(b)
(c)
(d)
(e)
TOTAL DIRECT COSTS
25,000
8,334
-0-
33,334
7. Indirect Costs
-0-
-0-
-0-
-0-
TOTAL AUTHORIZED BUDGET
$25,000
$ 8,334
$ -0-
$33,334
K
Grant No. 08-06-02507
IV. REPORTING SCHEDULE:
A. Reports shall be submitted to the GRA
at the address
shown
on
page one
of
these Special Terms.
Type of Report
Due Date
Two Copies each of the Work Schedule
Plan and the Certification of
One month
after
Adequacy of Grantee's Accounting
the effective
date
of
the
grant
System
Two Copies of the Progress and
Three months
after
Financial Report
the effective
date
of
the
grant
Two Copies of the Progress and
NA
after
Financial Report
the effective
date
of
the
grant
Two Copies of the Progress and
NA
after
Financial Report
the effective
date
of
the
grant
Two Copies of the Draft Final
Three months
Report
within 30 days before
the
expiration
Three Copies of the Final Financial
Report
20 Copies of the Final Report
4
date of the grant
Five months
within 90 days of the expiration
date of the grant
Five months
within 90 days of the expiration
date of the grant
Grant No. —08-06-02507
V. SCOPE OF WORK:
The Scope of Work of the Grantee under this grant—the term of which is four
months, including three months for the work program, plus additional time needed
to meet reporting and other procedural requirements—shall be the following:
A. Secure the services of a professional consultant to assist the City of
Lubbock in preparing a formal application for Foreign Trade Zone (FTZ)
designation.
1. Specific items to include conducting a study of the economic
conditions of Lubbock and the South Plains Association of
Governments (SPAG) region to determine the benefit the area
would derive from the presence of an FTZ.
a. Design a survey form for use by others to determine
the potential use of an FTZ by area businesses.
b. Identify business which might become involved in
international trade if an FTZ were available.
2. Tabulation of survey results and complete analysis of survey
results and economic conditions. Presentation of results and
analyses to the FTZ Committee, and any others the Committee
may select, in printed form, including recommendations for
specific areas which should be designated as the Foreign Trade
Zone and subzones. This presentation will become a part of
the City of Lubbock's formal application for an FTZ
designation.
VI. SPECIAL CONDITIONS:
A. Continuation Grants: No obligations shall be created by Recipient for any
purpose pertaining to the operation of the program or activities for which
the funds were awarded where the obligation would require performance beyond
the expiration date stipulated in the award document. Funds may only be
expended beyond the expiration date for activities such as the preparation
of final reports and documents directly associated with the close out of
the awards in accordance with OMB Circulars A-110 or A-102, and for obliga-
tions properly created prior to the expiration date that require expenditures
beyond the expiration date.
Verbal or written assurances of refunding shall not constitute authority to
obligate funds for programmatic activities beyond the expiration date.
Funds shall not be obligated unless or until an award document is received
by the Recipient from the Grants Officer.
B. The Grantee hereby agrees that no funds made available from this grant shall
be used, directly or indirectly, for paying attorneys' or consultants' fees
in connection with securing this grant or cooperative agreement (as appropri-
ate) or other grants or cooperative agreements from EDA during FY 1986. For
example, funds could not be used for preparing the application for this or
other EDA FY 1986 assistance. However, attorneys' and consultants' fees
5
USCOM"-DC 63815-P77
Grant No. 08-06-02507
incurred for meeting grant requirements such as, for example, conducting a
title search or preparing plans and specifications, may be eligible project
costs and may be paid out of funds made available from this grant or
cooperative agreement (as appropriate), provided such costs are otherwise
eligible.
C. Pursuant to Section 504 of the Rehabilitation Act of 1973, the Grantee
must provide fair and equitable treatment for the handicapped. The
Recipient will comply with the Department of Commerce regulation,
15 CFR Part 8.b, implementing Section 504. This regulation protects
the rights of handicapped persons and establishes a mandate to end
discrimination.
5a
XII.
The product of all of the work proposed herein, as per-
formed and paid for, shall become and remain the property of
the City of Lubbock and shall be disposed of under its sole
jurisdiction and discretion. IMS stipulates that all of the
work herein proposed shall be performed in a professionally
competent and workmanlike manner. IMS further stipulates
that all information concerning prospective tenants and
users will be held in strictest confidence.
IN WITNESS WHEREOF, the parties to these presents have
executed this Agreement in the year and day first above
written.
CITY OF LUBBOCK
B. C. MCMINN
MAYOR
T:
lhanette' y
City Secretary
APPROVED AS TO CONTENT:
Te rron, Assistant to
the City Manager
APPROVED AS TO FORM:
n A1� �aun
Harold Willard, Assis t —
City Attorney
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INTERNATIONAL MANAGEMENT
SERVICES
�__5' 11, 4�
RONALD'S. SPEM"CER
PROJECT MANAGER
ATTEST: