R-2023-223 - 7/27/2023RESOLUTION NO. R-2023-223
WHEREAS, the City of Round Rock ("City") has previously entered into an Administration
and Funding Agreement for the City of Round Rock Economic Development Program ("Agreement")
on the 26th day of March, 2020 with the Round Rock Transportation and Economic Development
Corporation and the Round Rock Chamber of Commerce, Inc. ("Chamber"), collectively the "Parties";
and
WHEREAS, the Parties wish to enter into a Second Amendment to the Agreement to add
"entrepreneurship" as a program objective and to increase the Chamber's monthly fee, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Second
Amendment to the Administration and Funding Agreement for the City of Round Rock Economic
Development Program, a copy of same being attached hereto as Exhibit "A" and incorporated herein
for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 27th day of July, 2023.
ATTEST:
MEAGAN NKS City Clerk
0112.2032;4865-5836-9393
EXHIBIT
„A"
SECOND AMENDMENT TO THE ADMINISTRATION AND FUNDING AGREEMENT
FOR THE CITY OF ROUND ROCK ECONOMIC DEVELOPMENT PROGRAM
THIS SECOND AMENDMENT TO THE ADMINISTRATION AND FUNDING
AGREEMENT FOR THE CITY OF ROUND ROCK ECONOMIC DEVELOPMENT
PROGRAM (the "Second Amendment") is dated and entered into as of the 27th day of July,
2023, by and among the City of Round Rock, Texas ("City,") the Round Rock Transportation
and Economic Development Corporation (the "TED Corp,") and the Round Rock Chamber of
Commerce, Inc., (the "Chamber"), collectively referred to as the "Parties."
RECITALS
WHEREAS, on the 26th day of March, 2020, the Parties entered into that one certain
Administration and Funding Agreement for the City of Round Rock Economic Development
Program (the "Agreement"); and
WHEREAS, on the 27a' day of January, 2022, the Parties entered into that one certain
First Amendment to the Administration and Funding Agreement for the City of Round Rock
Economic Development Program to provide funding for the upgrade of the Chamber's economic
development website; and
WHEREAS, the Cities wish to amend the Agreement to add "entrepreneurship" as a
program objective, and to increase the Chamber's monthly fee;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the
terms and conditions hereinafter set forth, the Parties mutually agree as follows:
ARTICLE 1
OF THE SECOND AMENDMENT
DEFINITIONS
SECTION 1. All terms used herein shall have the meanings assigned to them in the
Agreement, unless the context clearly requires otherwise.
8fef7a7c-f89f-4fba-b584-85942cac8238
ARTICLE 2
OF THE SECOND AMENDMENT
AMENDMENT TO ARTICLE II OF THE AGREEMENT
SECTION 2. Section 2.01 of the Agreement is amended to read as follows:
Section 2.01. Chamber's Administration Responsibilities. The Chamber agrees to provide a
qualified and competent staff for the implementation of the Program. In this connection, the
Chamber shall employ dedicated staff focused on the Program and who shall report to and be
under the supervision of the Chief Executive Officer of the Chamber (the "Chamber CEO").
The Chamber agrees to provide the management and administrative services necessary to operate
the Chamber and to implement the Program. The Chamber agrees that its efforts will include the
creation of an annual Operations Plan ("Operations Plan") in consultation wit the City containing
the following objectives:
a) new business recruitment,
b) existing business development,
c) private economic development program investor engagement,
d) site and building investor development,
e) talent development, and
f) entrepreneurship.
ARTICLE 3
OF THE SECOND AMENDMENT
AMENDMENT TO ARTICLE III OF THE AGREEMENT
SECTION 3. Section 3.01 of the Agreement is amended to read as follows:
Section 3.01. Fees. For the services provided by the Chamber in the administration and
execution of the Program, the TED Corp. agrees to pay to the Chamber the sum of $72,075.00
for each calendar month ("Monthly Fee"), which amount shall be paid by the TED Corp. to the
Chamber on or before the first day of the month, beginning August 1, 2023, and on or before the
first day of each calendar month thereafter until this Agreement is terminated. The Parties may
from time to time, and by mutual written agreement, agree that the TED Corp. and/or City shall
pay to the Chamber additional amount for specific items as may be mutually agreed upon. The
Chamber will provide an invoice to the TED Corp by the first of each month. The Parties agree
that the Monthly Fee will increase by 3% beginning on the one-year anniversary of the payment
of the Monthly Fee and annually thereafter.
2
ARTICLE 4
OF THE SECOND AMENDMENT
MISCELLANEOUS
SECTION 4.1. To the extent necessary to affect the terms and provisions of this
Second Amendment, the Agreement is hereby amended and modified. In all other respects, the
aforesaid Agreement is hereby ratified and confirmed.
SECTION 4.2. This Second Amendment may be executed in counterparts, each of
which shall be an original and all of which together shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies, including authority granted by their respective governing bodies in approving
the Agreement, have caused this Second Amendment to be duly executed as of the day and year
first above written.
Round Rock Chamber Of Commerce, Inc.
By:
Jordan Robinson, President
City of Round Rock, Texas
By:
Craig Morgan, Mayor
Round Rock Transportation and economic
Development Corporation
By:
Craig Morgan, President
REDLINE
SECOND AMENDMENT TO THE ADMINISTRATION AND FUNDING AGREEMENT
FOR THE CITY OF ROUND ROCK ECONOMIC DEVELOPMENT PROGRAM
THIS SECOND AMENDMENT TO THE ADMINISTRATION AND FUNDING
AGREEMENT FOR THE CITY OF ROUND ROCK ECONOMIC DEVELOPMENT
PROGRAM (the "Second Amendment") is dated and entered into as of the 27th day of July,
2023, by and among the City of Round Rock, Texas ("City,") the Round Rock Transportation
and Economic Development Corporation (the "TED Corp,") and the Round Rock Chamber of
Commerce, Inc., (the "Chamber"), collectively referred to as the "Parties."
RECITALS
WHEREAS, on the 26th day of March, 2020, the Parties entered into that one certain
Administration and Funding Agreement for the City of Round Rock Economic Development
Program (the "Agreement"); and
WHEREAS, on the 27t' day of January, 2022, the Parties entered into that one certain
First Amendment to the Administration and Funding Agreement for the City of Round Rock
Economic Development Program to provide funding for the upgrade of the Chamber's economic
development website; and
WHEREAS, the Cities wish to amend the Agreement to add "entrepreneurship" as a
program objective, and to increase the Chamber's monthly fee;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the
terms and conditions hereinafter set forth, the Parties mutually agree as follows:
ARTICLE 1
OF THE SECOND AMENDMENT
DEFINITIONS
SECTION 1. All terms used herein shall have the meanings assigned to them in the
Agreement, unless the context clearly requires otherwise.
ARTICLE 2
OF THE SECOND AMENDMENT
AMENDMENT TO ARTICLE II OF THE AGREEMENT
lb941238-6c3a-471b-bfc8-a695db323731
SECTION 2. Section 2.01 of the Agreement is amended to read as follows:
Section 2.01. Chamber's Administration Responsibilities. The Chamber agrees to provide a
qualified and competent staff for the implementation of the Program. In this connection, the
Chamber shall employ dedicated staff focused on the Program and who shall report to and be
under the supervision of the Chief Executive Officer of the Chamber (the "Chamber CEO").
The Chamber agrees to provide the management and administrative services necessary to operate
the Chamber and to implement the Program. The Chamber agrees that its efforts will include the
creation of an annual Operations Plan ("Operations Plan") in consultation wit the City containing
the following objectives:
a) new business recruitment,
b) existing business development,
c) private economic development program investor engagement,
d) site and building investor development,
e) talent development, and
fl entrepreneurship.
ARTICLE 3
OF THE SECOND AMENDMENT
AMENDMENT TO ARTICLE III OF THE AGREEMENT
SECTION 3. Section 3.01 of the Agreement is amended to read as follows:
Section 3.01. Fees. For the services provided by the Chamber in the administration and
execution of the Program, the TED Corp. agrees to pay to the Chamber the sum of $58,,333.33
$72,075.00 for each calendar month ("Monthly Fee"), which amount shall be paid by the TED
Corp. to the Chamber on or before the first day of the month, beginning August 1, 2023, and on
or before the first day of each calendar month thereafter until this Agreement is terminated. The
Parties may from time to time, and by mutual written agreement, agree that the TED Corp.
and/or City shall pay to the Chamber additional amount for specific items as may be mutually
agreed upon. The Chamber will provide an invoice to the TED Corp by the first of each month.
The Parties agree that the Monthly Fee will increase by 3% beginning on the one-year
anniversary of the payment of the Monthly Fee and annually thereafter.
2
ARTICLE 4
OF THE SECOND AMENDMENT
MISCELLANEOUS
SECTION 4.1. To the extent necessary to affect the terms and provisions of this
Second Amendment, the Agreement is hereby amended and modified. In all other respects, the
aforesaid Agreement is hereby ratified and confirmed.
SECTION 4.2. This Second Amendment may be executed in counterparts, each of
which shall be an original and all of which together shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies, including authority granted by their respective governing bodies in approving
the Agreement, have caused this Second Amendment to be duly executed as of the day and year
first above written.
Round Rock Chamber Of Commerce, Inc.
By:
Jordan Robinson, President
City of Round Rock, Texas
By:
Craig Morgan, Mayor
Round Rock Transportation and economic
Development Corporation
By:
Craig Morgan, President