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HomeMy WebLinkAbout2021-05-03-RRESOLUTION O I �� - O3 A RESOLUTION OF THE CITY OF BATESVILLE, ARKANSAS AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE BATESVILLE AREA CHAMBER OF COMMERCE TO PROVIDE ECONOMIC DEVELOPMENT CONSULTING SERVICES; AND FOR OTHER PURPOSES WHEREAS, Article 12, Section 5 (b)(2) of the Arkansas Constitution permits a municipal government to enter into a contract for Economic Development Services; and WHEREAS, the City of Batesville seeks to expand its economic base by contracting with an organization for Economic Development Services; and WHEREAS, after a competitive Request for Qualifications process in which the Batesville Area Chamber of Commerce was the only respondent, the selection committee, appointed by the Mayor has recommended that this contract be awarded to the Batesville Area Chamber of Commerce. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT: SECTION 1. The City Council hereby authorizes the Mayor to enter into a contract with the Batesville Area Chamber of Commerce to provide Economic Development Consulting Services to the City in accordance with the terms and conditions offered in the proposal submitted in the request for proposals for Economic Development Services by the Batesville Area Chamber of Commerce in the amount of $100,000.00 for the period commencing on the execution date of the initial agreement and ending on May 31, 2022. SECTION 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. SECTION 3. Repealer. All resolutions, bylaws, and other matters inconsistent with this resolution are hereby repealed to the extent of such inconsistency. APPROVED and ADOPTED this /l day of May, 2021. A /"' Rick Elumba , Ma o Attest: Denise Johnston, City jerk APPROVED AS TO LEGAL FORM: Tim ei zen, City Attorney AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES BETWEEN THE CITY OF BATESVILLE, ARKANSAS AND THE BATESVILLE AREA CHAMBER OF COMMERCE This Agreement is entered into this Q2 day of August, 2021 by and between the City of Batesville, Arkansas (the City), and the Batesville Area Chamber of Commerce (the Chamber) pursuant to the following terms and conditions: RECITALS WHEREAS, the Batesville City Council agrees and acknowledges that a vibrant economic development program is essential to the public health, safety, and welfare of the City; and WHEREAS, the City lacks both the staff and the resources adequate to pursue economic development efforts; and WHEREAS, the City issued a Request for Proposals (" RFP") for economic development consulting services and the Chamber responded to the RFP; and WHEREAS, the Chamber has been selected to provide the economic development services as described in the RFP; and WHEREAS, the City has appropriated fifty thousand dollars ($50,000.00) to pay the Chamber for providing the City with economic development services during the fiscal year 2021; and WHEREAS, the parties are entering into this Agreement pursuant to Amendment No. 97 to the Arkansas Constitution and the Local Job Creation, Job Expansion, and Economic Development Act of 2017 (the "Act") for proper public purposes, including the creation of new jobs, job retention and the expansion of the City's tax base by construction or improvements to real property; and WHEREAS, the parties acknowledge that this Agreement is an economic development service contract authorized under Amendment No. 97 to the Arkansas Constitution and Arkansas Code Annotated Section 14-176-105. NOW, THEREFORE, IN ACCORDANCE WITH THE TERMS, CONDITIONS, CONSIDERATION, AND OTHER MATTERS SET FORTH WITHIN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. Term. The term of this Agreement shall be for a period commencing on the execution date of this Agreement and ending on December 31, 2021. 2. Consideration. The City shall pay, and the Chamber agrees to accept, the sum of money of one hundred thousand dollars ($50,000.00) as consideration for the economic development services to be provided by the Chamber in accordance with this Agreement. Such amount shall be payable as follows: $50,000.00 on the date of execution of this Agreement. 3. Scope of Services to be Provided by the Chamber. In furtherance of the purpose of this Agreement, and as consideration for the payments made by the City, the Chamber shall do the following: A. Provide planning, marketing, and strategic advice and counsel to the City regarding job retention and expansion; costs of marketing shall be directly billed to the City of Batesville and are not included in this Agreement. B. Provide and maintain an office for economic and industrial development, and make these facilities available to the City upon request for economic development discussions, or to conduct City business that would assist the City in attracting and expanding business development within the City; C. Provide a full-time, professionally qualified senior manager and such staff who will consult with the City on a frequent and regular basis as required to carry on the function described in (A) above; D. Work closely with the Mayor to carry out the duties of this Agreement; E. Seek, discover and endeavor to attract and expand industry within the City to create jobs and investment for the benefit and economic improvement of the Batesville Area; F. Develop and secure tools for the purpose of economic development, necessary and required to adequately prornote and expand industry within the Batesville Area; the City of Batesville will provide EMSI Economic Development Modeling Subscription annually. G. Assist employers with workforce training programs, problem solving, counseling and other services pertinent to the expansion of the workforce for the benefit of the Batesville Area; H. Make available a graphically engaging website that contains the following: i) Demographic information of the Batesville Area; ii) Comprehensive list of awards and distinctions received by the City; iii) Identification of suitable sites, including publicly owned, within the City; iv) Incentive packages and materials for targeted industries permitted by Arkansas law; V) Opportunities and support services for existing businesses within the City; and vi) Additional economic development opportunities. I. Provide support services for businesses in the Batesville Area by soliciting continual feedback from employers to determine how they can best be served and bringing ideas about how to leverage assets; J. Develop a Business Retention and Expansion Program that: i) keeps both the Chamber and the City abreast of any problems being encountered by the employer base within the City; ii) develops solutions and approaches to business community problems to growth and employment within the City; and iii) determines any significant expansions or closings that may take place in the City; iv) Actively promotes the City; All approved expenses related to travel, lodging, food, and entertainment related to promoting M the City will be the responsibility of the City and are not included in this contract. V) Serve as a primary point of contact for the City and the Arkansas Economic Development Commission and other regional economic development organizations; and vi) Facilitate meetings between the City and economic development organization; and vii) Participation in regional partnerships with economic development organizations when appropriate. All approved expenses related to travel, lodging, food and entertainment related to participation with regional partnerships will the responsibility of the City and are not included in this contract. viii) Provide marketing materials that promote the Batesville Area's assets and opportunities. Costs associated with marketing materials will be the responsibility of the City and are not included in this contract. K. Participation in Workforce Investment Board. The Chamber shall provide a person to serve as a member of the Workforce Investment Board. L. Additional services. In addition to the specific services outlined above, the Chamber agrees to perform the following "services": i) Receive, study and respond to all appropriate inquiries which are directly or otherwise sent to the City, the Chamber, or another relevant entity, by potential businesses, site consultants and individuals who want to locate business operations and are seeking information about the community, its people, governmental history, economic base, quality of life, local community and governmental services, taxes and licenses, and other related data; ii) Serve as a public relations and information agency, in coordination with the City for new and expanding companies resulting from such efforts; iii) As appropriate and in cooperation with the City, welcome individuals and groups deemed by the City to be important to the City; and, to assist and help in coordinating groundbreakings, civic presentations and other activities involving the City and its officials; iv) Research and pursue grants from appropriate entities. V) Coordinate economic development activities and announcements conducted on behalf of the City with the Mayor, appropriate department or agency directors, and other local, state, and federal agencies. 4. City has no financial interest in the Chamber. Notwithstanding any of the provisions of this Agreement, the parties mutually agree and understand that the City has no financial interest in the business of the Chamber, nor shall the City be deemed or construed to be a partner, joint venture participant, or otherwise be interested in the assets, or revenues earned or derived by the Chamber. 5. Chamber not to use City name or credit. The Chamber shall not use the name or credit of the City in purchasing, or attempting to purchase, any equipment, supplies, or other things or materials of any nature whatsoever. 6. Chamber is an Independent Contractor. The parties agree that in the performance of its obligations set forth in this Agreement, the Chamber shall be deemed an independent contractor in every respect and shall take all steps at its own expense, and pursuant to the use of its materials, and its method of operation, on tasks requested by the City. The City does not, and will riot, assume any responsibility for the means by which, or the manner in which, the services provided by the Chamber are accomplished. The Chamber is solely responsible for the method, content and sequence of performance of the work set forth in this Agreement. Nonassignment of Agreement. The Chamber shall not transfer or assign, nor attempt to transfer or assign, this contract, or the license or any of the rights or privileges granted within this Agreement, without the express written permission of the City. The City is under no obligation whatsoever to grant any permission to the transfer or assignment of this Agreement. 8. Compliance with Law. The Chamber agrees that in the performance of this Agreement it shall comply with all City ordinances, and with all laws of the federal government and the State of Arkansas, including but not limited to, bans on discrimination on the basis of race, sex, color, national origin, gender, or disability, and to the extent applicable, state or federal freedom of information laws. 9. Termination for Default. The City may terminate this Agreement without penalty upon any default by the Chamber of any of the terms and conditions, provided that if the City grants a period for cure of any such default, then termination will riot occur until the opportunity for cure has passed. 10. Disclaimer. Entry into this agreement is for economic development purposes only and in no way suggests that the City endorses or agrees with any position taken by the Chamber, the state Chamber of Commerce, the United States Chamber of Commerce, or any affiliated group. 11. Quarterly Reports. The Chamber shall submit not less than quarterly reports to the City that comply with the requirements of the Act and otherwise illustrate the activity of the Chamber including, but not limited to, business leads developed or received, jobs created; capital investment committed, or federal or state economic development dollars received. 12. Audited Financial Statements. The Chamber shall provide an audited financial statement to the City for all economic development service activity. 13. Nonappropriation. The Chamber recognizes that funding provided for by this Agreement is contingent upon the appropriation of public funds by the City. 14. Nondiscrimination. The Chamber and the City acknowledge and agree that this Agreement is made and entered into subject to the express covenant and agreement of each party that performance of any term, condition, provision, duty or obligation set forth herein, each party or any employee or other person acting through or under the direction or control of any party, shall fully comply with all federal, state and local laws, regulations and ordinances prohibiting discrimination on the basis of race, color, creed, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, or genetic information. 1S. Americans with Disabilities Act; Equal Employment Opportunity Act Compliance. The Chamber shall comply with the requirements of the Americans with Disabilities Act and the Equal Employment Opportunity Act, and the regulations promulgated pursuant thereto, and to require such compliance in contractual agreements with any subcontractors. 16. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Agreement is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this Agreement, as if such invalid or unconstitutional provision were not originally a part of this Agreement. 17. Multiple Originals. The parties agree that the original and executed copies of this Agreement shall serve as originals of the Agreement for any evidentiary purposes in any court, administrative, or other adversarial hearing. 18. Merger. The parties agree that this Agreement incorporates the full agreement of the parties, and no other discussions, writings, comments, or oral, verbal, or electronic communications of any nature whatsoever are to be considered a part of, a clarification of, or an interpretation tool for, the terms set forth within the Agreement. 19. Previous Version of Contract. That the previous version of this contract executed on June 18, 2021, is hereby revoked by both parties and shall not be binding on either party. 20. Authority to Execute. The parties agree that by the execution of this Agreement the persons set forth below are authorized by their respective entities to execute this Agreement. EXECUTED this C26 day of 2021. City of Batesville, Arkansas Rick Elumbaugn,N• Batesville Area Chamber of Commerce CA Crystal Johnson, CEO APPROVED AS TO LEGAL FORM: