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Res 096-99 8/17/1999c RESOLUTION NO.,,,,,,,.,,__ ... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT FOR AN IN -BOUND RESERVATION CALL CENTER AS RECOMMENDED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION, AND APPROVING AN AMENDMENT TO THE CORPORATION'S FY 1998 -99 BUDGET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, it is the desire of the City Council of the City of Wichita Falls to promote the development of new business within its corporate boundaries; and, WHEREAS, the execution of an economic development incentive agreement for an in -bound reservation call center will provide new jobs and other benefits for the citizens of Wichita Falls; and, WHEREAS, it is the desire of the Wichita Falls Economic Development Corporation to amend its 1998 -99 budget to provide funding for the economic development incentive agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. An economic development incentive agreement for an in -bound reservation call center, as recommended by the Wichita Falls Economic Development Corporation, is hereby approved. SECTION 2. The amendment of the 1998 -99 budget of the Wichita Falls Economic Development Corporation to provide for funding for the economic development incentive agreement is approved. SECTION 3. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 17th day of August 1999. MAYOR ATTEST: Memorandum of Understanding �q. This is a Memorandum of Understanding (MOU) between Budget Group, Inc. (BGI) and the Wichita Falls Economic Development Corporation ( WFEDC) dated August 16, 1999. This MOU is contingent upon presentation of the MOU by both WFEDC and BGI to the Wichita Falls City Council for final approval and upon Council's final approval. This MOU is also contingent upon BGI fully executing a lease for a call center in Wichita Falls containing terms acceptable to BGI. 1. Upon BGI's announcement to locate an inbound reservation call center in Wichita Falls, Texas and contingent upon the Wichita Falls' City Council approval, the WFEDC agrees to the following terms for incentive payments for jobs created: 2. Upon the signing of a 10 -year lease (targeted for 9/1/99) for a minimum of 37,000 square feet of rentable space in Wichita Falls, Texas, the WFEDC will pay BGI $300,000. On 7/1/00, the WFEDC will pay BGI an additional $300,000. On 7/31/01, the WFEDC will pay BGI a final payment according to the following formula: (Number of FTEs* on 7/31/01 estimated to be 450 X $2,000 = $900,000 less previous payments to date) 3. *FTE refers to full time equivalent which will be derived by dividing the total payroll hours by 80 using the 2 -week pay period immediately prior to 7/1/01. In addition to the reservation agent position, the resident management and support personnel will be included in the FTE count. 4. The maximum cash paid to BGI would be $1,000,000. This money can be used to pay for any expenses BGI incurs while establishing a call center in Wichita Falls. 5. The WFEDC agrees to ,nit offer cash incentives to any new call center that will pay less than 150% of BGI's reservation agent average wages through the year 2002 providing BGI's FTE count in July of 2001 is equal to or greater than 450. During July of 2002, six months before the moratorium on paying cash incentives is to end, the WFEDC and BGI will discuss extending or curtailing the moratorium based on BGI's ability to attract and retain employees at an affordable wage rate. 6. In return for the WFEDC's offer outlined above, BGI agrees to the following conditions. BGI understands that an FTE count of less than 300 on 7/31/01 requires a payment to the WFEDC equating to $2,000 X (the number of FTEs less than 300). 7. BGI is obligated to paying their reservation agents on average $8.00 per hour or greater (base wage plus incentive) during the period of October 2000 through June 2001. This excludes RECEIVED IN CITY %CLERK'S OFFICE Date r 2 premium pay for hours worked in excess of 40 hours per week. Should BGI fail to meet this wage obligation, BGI agrees to a reduction in total cash incentives of 20 %. S. In the event that BGFs or its successor's "FTE count" using the formula outlined above falls below 225 in August of 2001, BGI agrees to refund the WFEDC 50% of the cash incentives paid to date. If the "FTE count" using the formula outlined above falls below 225 in July of 2002, BGI agrees to refund the WFEDC 25% of the cash incentives paid to date. However, in no event should the total incentives paid be less than $2,000 per FTE. No penalty exists beyond July of 2002 should BGI fail to sustain an FTE count equal to or greater than 225. 9. In the event BGI selects a property that is not currently located in an Enterprise Zone, the City Council will designate the property an Industrial Park and file an application with the Texas Department of Economic Development (TDED) to amend the Enterprise Zone boundaries to include the property. Additionally, the WFEDC and BGI will submit an application to the TDED asking for designation as an Enterprise Zone Project. Designation as an Enterprise Zone Project is contingent on TDED approval. Wichita Falls Economic Development Corporation B-' Gar ore President Attest: By: /1�,— Ron Bullock Secretary Respectfully submitted, Budget Group, Inc. By: Mary Murco VP, Worldwide Reservations Attest: VP, Reservation u port Services