HomeMy WebLinkAboutResolution No. 90-03 � RESOLUTION N0. R9�-3
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ,
AND THE CITY SECRETARY TO ATTEST A CONTRACT
BETWEEN THE CITY OF FRIENDSWOOD , AND THE CLEAR
LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION FOR
CERTAIN ECONOMIC DEVELOPMENT SERVICES.
WHEREAS, the City of Friendswood , Texas ( the "City") , deems
it necessary and proper and in the best interest of the citizens
of the City to enter into a contraet with the Clear Lake Area
Economic Development Foundation for certain economie development
services ;
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NOW, THEREFORE , BE IT ORDAINED BY THE CITY OF FRIENDSWOOD ,
TEXAS , as follows :
Seetion 1. That the Mayor of the City is hereby authorized
to execute , and the City Secretary to attest , a contract with
the Clear Lake Area Economie Development Foundation for certain
economic development services , in substantially the form
attached hereto as Exhibit "A" .
PASSED the 22nd day of January , 1990 , by a vote of
7 "Ayes" in favor and � "Nos" against , with
7 (number) of Council members present and voting.
APPROVED the 2�nd day of January , 1990.
aul W. Sehrader
Mayor
City of Friendswood
ATTEST :
Deloris Archer , C
City Seeretary
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ECONOMIC DEVELOPMENT CONTRACT
THE STATE OF TEXAS ) (
) ( KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS ) (
COUNTY OF GALVESTON ) (
THIS CONTRACT is made by and between the CITY OF
FRIENDSWOOD , TEXAS ( the "City") and CLEAR LAKE AREA ECONOMIC
DEVELOPMENT FOUNDATION ( the "Provider" ) .
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WHEREAS, the City is actively seekin� ways and means of
promoting prosperous development of business , industry and
commeree within the City, and to promote the location and
development of new businesses and industries in the City as well
as the maintenanee and expansion of existing businesses; and
WHEREAS , the City has committed to provide , or cause to be
provided through economic development contracts with non-profit
economie development organizations such as the Provider , certain
economic development services in furtherance of the City' s
statutory goals referred to above and to promote the economic
welfare and and well being of the City and its residents by,
among other things , providing for the expansion of the tax base
of Friendswood and also providing for the expansion of the
employment base of Friendswood thereby enhancing the health,
safety, and welfare of the residents of the City; and
WHEREAS, in consideration for providin� such economic
development services pursuant to such contraet , the City a�reed
to pay certain necessary expenses in contracting for such
services with non-profit economic development organizations such
as the Provider ; and
WHEREAS , the Provider was formed for the purposes , amon�
others , of promoting and encouraging, or causing to be promoted
and encouraged , the formation of new businesses and the
expansion of existing businesses, the relocation of existing
businesses , and the general diversification of the economy of
and in all or a portion of Harris County and the surrounding
area ineluding all or a portion of Galveston County, which areas
include the City; and
WHEREAS, the City desires to eontract with the Provider to
provide , or cause to be provided , economie development services
herein described in all of a portion of Harris County and
Galveston County; and
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� ' WHEREAS, the Provider is willing, in exchange for the
consideration herein provided , to provide , or cause to be
provided , the economie development services desired by the
City which are intended to fulfill in part the City' s
contractual obligations to provide or cause to be provided such
economic development services to Harris County and Galveston
County; and
WHEREAS, the City and the Provider agree that in order to
foster and promote competitions , to assure the integrity of the
competitive process , and to protect proprietary or innovative
business strategies and concepts , information and data
developed , generated or received by the Provider should remain
privileged and confidential except as herein provided , subject
to the provisions of Artiele 6252-17a, Vernon' s Texas Civil
Statutes , as amended , (the "Texas Open Record Aet") applicable
to information held by the City, as described in Section 6 . 01 ;
NOW THEREFORE , for and in consideration of the premises and
mutual covenants herein contained , it is agreed as follows:
ARTICLE I
Qualifications � the Provider
Section 1 • 01 : Representations and Warranties g� Provider
Provider hereby represents and warrants as follows :
a) The Provider is engaged in an on-going effort to
attract new businesses to all or a portion of Harris County and
all or a portion of Galveston County or to encourage the
expansion of existing businesses in all or a portion of Harris
County and all or a portion of Galveston County.
b) The Provider covenants that it will provide its own
funds to assist in attraeting business and encouraging expansion
of existing businesses .
c) The Provider covenants that it shall actively work to
productively coordinate its activities with other area economic
development organizations within Harris County and Galveston
County in an effort to reduce duplication of services and to
enhance cooperation throughout Harris County and Galveston
County.
d) The Provider represents and warrants that it is a non-
profit economic development organization, the prineipal purpose
of which is the promotion of economic development in all or a
portion of Harris County and all or a portion of Galveston
County.
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ARTICLE II
SeoDe � Services
Seetion 2• O1 : Services � �g Provided
The Provider shall provide two or more of those economic
development services deseribed in Exhibit A attached hereto.
Seetion 2• 01 ; ,�ovider Regorts
The Provider shall prepare and submit to the City, within
30 days from the end of each calendar quarter during the term of
this contract , or at the first City Council meeting thereafter ,
verbal or brief written reports describing the services
performed by the Provider pursuant to this contract during the
previous quarter.
The Provider shall prepare and submit to the City, within
90 days after the end of the Provider 's fiscal year, or as soon
thereafter as practicable, a written report describing in detail
the services performed by the Provider pursuant to this contract
during the preceding fiseal year.
ARTICLE III
Time � Performanee
Seetion 3 • 01 : Time 9� Performanee
The Provider has provided the services deseribed in
Article II , above and will provide additional sueh services for
a period of 12 months from the effective date of the City' s
ordinance authorizing execution of this contract ( the "Effective
Date") .
ARTICLE IV
Payment for Servicg�
Seetion 4 • 01 : Fees
For and in consideration of the services to be performed by
the Provider and compliance with the terms of this contract and
subject to the other provisions of this Article , the City will
pay the total sum of $6.000.00 in 1990 The City may consider
payment of additional sums but shall by under no obligation to
pay any additional sums .
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ARTICLE V
Term and Termination
Section 5 • 01 : � General
This contract shall be effective for the period from
Jan. 1, 1990 to Dec. 31, 1990 19 It is specifically agreed
that the Provider shall not be obligated to perform any services
under or pursuant to this contract after the expiration of that
period .
Seetion 5• 02: Termination for Cause
A party may terminate its performance under this contract
only upon default by the other party. Default by a party shall
occur if the party fails to perform or observe any of the terms
and conditions of this contract required to be performed or
observed by that party. Should such a default occur, the party
against whom the default has occurred shall have the right to
terminate all or part of its duties under this contract as of
the 30th day following the receipt by the defaulting party of a
notice describing such default and intended termination,
provided : ( i) such termination shall be ineffeetive if within
said 30-day period the defaulting party cured the default or
( ii) such termination may be stayed , at the sole option of the
party against whom the default has oecurred , pending cure of the
default.
ARTICLE VI
Miseellaneous Provisions
Seetion 6 • 01 : Indegendent Contraetor
The relationship of the Provider to the City shall be that
of an independent contraetor. The City shall have no authority
to direct the day-to-day activities of any of the Provider ' s
employees , shall have no authority over the Provider ' s personnel
decisions , and shall have no other rights to internal working
papers or other information or data than the City would have to
any other independent contractor providing specific services
(e .g. , janitorial services, legal services , bank depository
funetions , audit funetions , engineerin� and design services , and
weed-cutting services) .
Without in any way limiting the generality of the foregoing,
it is specifically acknowledged and agreed that Provider has
bargained for the confidentiality of all internal information and
data that it generates other than that required to be submitted
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to the City pursuant to Sections 2. 02 and 6 . 06 of this contract ,
in order to foster and to promote competition, to assure the
integrity of the eompetitive process , and to protect proprietary
or innovative business strategies and concepts , subject to the
provisions of the Texas Open Records Act applicable to
information held by the City. The City a�rees it shall endeavor
to protect and hold confidential information to the extent is
satisfies any exception to the Texas Open Records Aet , including
but not limited to , the exception for information pertaining to
purehase of property.
�eetion 6 . 02 : Parties j,Il Interest
This contract shall bind and benefit the City and the
Provider and shall not bestow any rights upon any third parties.
�eetion 6 • 0�: Non-waiver
Failure of either party hereto to insist on the strict
performance of any of the agreements herein or to exercise any
rights or remedies accruin� thereunder upon default or failure of
performance shall not be considered a waiver of the right to
insist on and to enforce , by an appropriate remedy, strict
complianee with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or
failure of performance .
Seetion 6 • 04 : Ap�licable Laws
This contract is subject to and shall be construed
in aecordance with the laws of the State of Texas , the laws of
the federal government of the United States of America and all
rules and re�ulations of any regulatory body or officer having
jurisdiction. This contract is performable in Harris County and
Galveston County, Texas .
�eetion 6 • 05 : Notices
All notices required or permitted hereunder shall be in
writing and shall be deemed delivered when actually received or,
if earlier , on the third day following deposit in a United States
Postal Service post office or receptacle with proper postage
affixed ( certified mail , return receipt requested) addressed to
the respective other party at the address described below or at
such other address as the receiving party may have theretofore
prescribed by notice to the sending party:
Citv: City of Friendswood , Texas
City Hall
109 Willowick
Friendswood , Texas 775�6
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Provider: Clear Lake Area Economic Development
Foundation
2525 Bay Area Boulevard , Suite 640
Houston , Texas 77058
Seetion � • 06 : Audits
The Provider shall provide to the City, within 90 days of
the close of the Provider ' s fiscal year, a true and correct copy
of an audit of providers financial statements for the preceding
year prepared by an independent certified public accountant .
Section 6 • O7 : Ambiguities
In the event of any ambiguity in any of the terms of this
contract , it shall not be construed for or against any party
hereto on the basis that such party did or did not author the
same .
PASSED AND APPROVED this the 22nd day of January , 1990.
Clear ake Economie
Developmen Foundation
Larry Griffin -
Executive Director
ATTEST :
Louise Lawson
Assistant to Director
Paul W. Schrader, Mayor
City of Friendswood , Texas
ATTEST :
.
Delo is Archer, CMC
City Secretary
City oF Friendswood , Texas
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EXHIBIT A
1 . Recommend strategies to create positive attitudes about
Friendswood amon� decision makers locally, nationally and
internationally.
2 . Develop information ( statistical and narrative) comparing
Friendswood and competing geographic areas in the United
States .
3 . Accumulate and disseminate demo�raphie information about
Friendswood to prospective new businesses and industry.
� . Determine business and industrial products and services that
are the best prospects for location in Friendswood .
5 . Prepare printed materials to assist in marketing Friendswood
to attract and persuade prospects to locate in Friendswood .
6 . Solicit industrial , business and commercial prospects for
location in Friendswood .
7 . Provide site seleetion and analysis services for new business
and industry seeking location in Friendswood .
8 . Establish business support programs for start up and early
sta�es for new business .
9 . Recommend strategies , policies , or ordinances that will
enable Friendswood to compete more successfully for new
business , industry and for the expansion of existing
businesses .
10 . Advise Friendswood on present or proposed legislation or
policies that impact eFforts to attract quality business or
industrial growth.
11 . Recommend to Friendswood , the economic development goals ,
objectives and a plan for implementation.
12 . Advise and assist the Friendswood Industrial Development
Corporation, including trainin� and assistance .
13 • Advise existing Friendswood businesses on strategies which
will aid them in promotion of their businesses.
14 . Inform Friendswood citizens about what economic devlopment
is , the need for it , and how they can help brin� it about .
exh.a
econ.dev
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