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Sugar Land 4B Corporation

Agenda Request

Agenda Of:

12-16-09

Agenda Request No:

iii-a

Initiated By:

Regina Morales

Responsible Department:

Economic Development

Presented By:

Regina Morales

Department Head:

Regina morales,  regina_initinial

Director of Economic Development

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

Review and discuss Fort Bend Countywide  Marketing program Update

Exhibits:

current contract between the sugar land 4B corporation and the gfbedc for countywide branding and marketing.

Clearances

Approval

Legal:

N/A

Director :

Regina Morales regina_initinial

Budget

Expenditure Required:  $

N/A

Current Budget:  $

N/A

Additional Funding:  $

N/A

Recommended Action

Review and discussion.

Executive Summary

The approved branding and marketing program being implemented by the  GFBEDC and their consultant Marion Montgomery is comprised of four main components:

a.       Branding

b.      Strategic Marketing

c.       Administrative

d.      Production

The 5 member Program Oversight Board has reviewed and approved the final product being distributed as well as changes to the budget.   The following is the draft budget with optional funding totals that was originally provided when the SL4B Board approved the agreement. 

 

 

Finally, the approved agreement between the  SL4B and the GFBEDC provides for a commitment to the program for five years subject to the approval of the annual appropriation of funds by the board of directors based on budgetary needs,  the annual review of the program’s results as well as required proof of a minimum annual funding commitment prior to payment.   The GFBEDC and Marion Montgomery will be providing the annual review of the program’s results, their budgetary needs and an overview of the funding commitments.

Exhibits

 

CONTRACT BETWEEN THE SUGAR LAND 4B CORPORATION

AND THE GREATER FORT BEND ECONOMIC DEVELOPMENT COUNCIL

 

This Contract is made between the SUGAR LAND 4B CORPORATION and the GREATER FORT BEND ECONOMIC DEVELOPMENT COUNCIL.  

 

Recitals:

 

The City has adopted an economic development sales tax and created the Sugar Land 4B Corporation to use the proceeds thereof to fund projects and promote economic development activities as authorized by section 4B of the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. art. 5190.6).  The Sugar Land 4B Corporation wishes to enter into a contract under which the Greater Fort Bend Economic Development Council will provide services to create a County-wide branding and marketing program to promote economic development in the City of Sugar Land and Fort Bend County.

 

Agreement:

 

In consideration of the mutual promises of each, the Sugar Land 4B Corporation and the Greater Fort Bend Economic Development Council agree as follows:

 

A.  Definitions.  In this Contract:

 

City means the City of Sugar Land.

 

Fiscal Year means October 1st through September 30th.

 

            GFBEDC means the Greater Fort Bend Economic Development Council.

 

Program means a County-Wide Branding and Marketing Program funded by public and private interests that creates a County-wide “brand” that promotes economic development activities through the creation and maintenance of a positive image of Fort Bend County as a place to live, work, shop and play.

 

SL4B means the Sugar Land 4B Corporation.

 

B.  GFBEDC Services.  GFBEDC will:

 

(1)   establish a Program Oversight Board, which will consist of  not more than five members, to provide input, review and approval of concepts, themes, program initiatives, messages, and other matters related to the purposes of the Program;

 

(2)   establish a $10,000 minimum contribution to the Program as an eligibility requirement for  membership on the Program Oversight Board;

 

(3) prior to spending funds from the Program, other than Program start-up costs, create and submit to the Program Oversight Board an anticipated annual program of work that includes, at a minimum, the annual goals and objectives of the Program, the major initiatives and strategies to be undertaken, a corresponding line item budget and media plan with means of evaluation of success;

 

(4) develop countywide branding and economic development marketing programs consistent with the City's economic development efforts and submit for review and approval any strategic economic development marketing components which advertise or promote business development and/or recruitment related to Sugar Land or interests within the City of Sugar Land to the City's Economic Development Director before submitting the Program component to the Program Oversight Board for consideration;

 

(5) submit all marketing campaigns and branding initiatives to the Program Oversight Board for approval;

 

(6) review the performance of the marketing initiative;

 

(7) as part of the standing monthly meetings between the GFBEDC and  the City’s Economic Development Director,  discuss and coordinate activities, presentations and press releases related to the Program which may impact the City;

 

(8) account for Program funds and expenditures separately within the GFBEDC financial statements;

 

(9) not launch the Program until it receives or has a contractual right to receive an initial total minimum contribution of $420,000 (inclusive of the SL4B and SLDC contribution) and provide the SL4B with documents and information acceptable to the SL4B that shows that the GFBEDC has met this requirement;  and

 

(10) receive or have a contractual right to receive total annual contributions of at least $355,000 (inclusive of the SL4B and SLDC contribution) each Fiscal Year in the remaining Fiscal Years after the GFBEDC meets the minimum contribution requirements in Paragraph B. (9) above and provide the SL4B with documents and information acceptable to the SL4B that shows that the GFBEDC has met this requirement.

 

C.  SL4B Payment.  Each Fiscal Year of this Contract, the SL4B will pay $50,000 to the GFBEDC for the services to be provided under this Contract if or when the GFBEDC provides the SL4B with documents and information acceptable to the SL4B that shows that the GFBEDC:

 

(1)   has met the minimum initial contribution of $420,000 (inclusive of the SL4B and SLDC contribution); and

(2)  after the initial minimum contribution has met the $355,000 minimum contribution (inclusive of the SL4B and SLDC contribution.)

 

The SL4B will pay the GFBEDC within 30 days of receipt of the GFBEDC documentation and information provided under this paragraph to the SL4B.

 

The GFBEDC may use the funds only to pay for day-to-day operations directly related to the Program and specifically approved as part of the Program by the Program Oversight Board, which may include expenses for advertising and promotional consultants, media placement, printing and related postage. The GFBEDC must maintain complete and accurate financial records of each expenditure of the SL4B funds and must make the records available for inspection and review upon request of the City’s representative.

 

D.  GFBEDC Reports Provided to the City. The GFBEDC will provide the SL4B with:

 

(1)   a quarterly marketing Program report in the format mutually agreed by the City and GFBEDC that shows  Program elements, status, and other areas of interest that impact investors in the Program, including the City.

 

(2)   a copy of the monthly financial statement relating to the Program that it submits to the Program Oversight Board, which must be submitted on or before the 30th day of each month; and

 

(3)   a copy of the 2009 GFBEDC annual report submitted to the membership that shows  all expenditures and activities undertaken by the Program, which must be submitted on or before September 30, 2009.

 

E.  Term and Termination.  This Contract is effective on the last date of the dates executed by the parties and will continue in effect until September 30, 2013.  This Contract automatically terminates in any Fiscal Year in which the GFBEDC fails to meet the minimum contribution amounts required in Paragraph B. (9) or Paragraph B. (10).  Also, either party may terminate this Contract by giving the other party at least 60 days written notice of the termination.  If the SL4B terminates the Contract, the GFBEDC will refund to the SL4B the remaining unspent SL4B funds.

 

F.  Contract Administration. The City of Sugar Land will administer this Contract on behalf of the SL4B. The GFBEDC, its officers, employees, agents and representatives will direct all information, inquiries, communications, reports, and any other documents relating to the Program or this Contract to the City Manager of the City or his or her designee.

 

G.  Notice.  Any notice provided pursuant to this Contract is effective when deposited in the United States mail, either certified or registered mail, postage prepaid and addressed to the parties as follows:

 

To the SL4B c/o:         City Manager

                                    City of Sugar Land, Texas

                                                Sugar Land Development Corporation

2700 Town Center Boulevard North

Sugar Land, Texas 77479

 

To the GFBEDC:        President

Greater Fort Bend Economic Development Council

                       One Fluor Drive

Sugar Land, Texas 77478

 

H.  Assignment.  This Contract may not be assigned by the GFBEDC.

 

I. Appointments to Program Oversight Board. The City, on behalf of the SL4B and the SLDC, jointly, has the right to appoint one member to the Program Oversight Board. The City will appoint the member who will be the City’s Mayor, the City Manager, the City’s Executive Director of Intergovernmental Relations, or the City’s Director of Economic Development.

 

J. SL4B Funding. Notwithstanding any other provisions of this Contract, if this Contract provides for the SL4B to make payments to GFBEDC in any fiscal year following the City’s and SL4B’s fiscal year in which this Contract begins and the SL4B’s Board of Directors fails to recommend that the City’s city council appropriate funds for the Contract and the City’s city council fails to appropriate funds to make the payments, then this Contract automatically terminates at the beginning of the first day of  the successive fiscal year for which funds were not appropriated, and the SL4B shall not be obligated to make or have any liability to GFBEDC for the payments.    

 

 

 

 

 

SUGAR LAND 4B CORPORATION        GREATER FORT BEND ECONOMIC

                                                                                 DEVELOPMENT COUNCIL

 

________________________                        By:_________________________

President                                                         Title: _______________________

Date:  ___________________                       Date:________________________

 

ATTEST/SEAL:

 

 

________________________

Glenda Gundermann, City Secretary

 

Reviewed for Legal Compliance:

eacsig